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S7307Senate2015-2016 SessionSame asA10020

Eliminates restrictions on the removal of human remains from the county in which the death occurred; repealer

Sponsor Catharine YoungSD-57Affects Legal
Status
Signed by Governor
Impact
Pending
Outcome
Signed into law

Bill progress

Signed into law

What's happening

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Who cares

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Sponsors

Primary sponsor
Catharine Young

Senator · Senate District 57

Chair, Housing, Construction And Community Development

No co-sponsors yet.

History

  1. Signed chap.378
  2. Delivered to governor
  3. Returned to senate
  4. Passed assembly
  5. Ordered to third reading rules cal.523
  6. Substituted for A10020A
  7. Referred to codes
  8. Delivered to assembly
  9. Passed senateVote 61–0
  10. Ordered to third reading cal.1739
  11. Committee discharged and committed to rules
  12. Print number 7307a
Show 2 earlier actions
  1. Amend and recommit to health
  2. Referred to health

Companion bill

The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.

A10020Assembly

Eliminates restrictions on the removal of human remains from the county in which the death occurred; repealer

Assembly Floor Calendar · Sponsor Angelo Santabarbara

Full text

The text isn't available here yet. Check nysenate.gov.

Sponsor's memo

Title of bill

An act to amend the public health law, in relation to burial and removal permits; and to repeal subdivision 7 of section 4144 of such law relating thereto

Purpose

This bill would allow a licensed funeral director to remove the body of a deceased person from a county non-adjacent to the county in which the funeral firm is located to any county within New York State, in the same manner as has long been allowed for deaths in adjacent counties. In light of New York's recently launched electronic death registration system, this bill also eliminates the obligation imposed upon registrars of vital statistics, or the Commissioner of the Department of Health, or a person authorized by the Commissioner, to, in certain circumstances, provide verbal permission to a licensed funeral director for the removal of a body of a deceased person in lieu of providing a removal permit. The provisions governing verbal permission set forth in Section 4144 are obsolete.

Summary of provisions

Section 1 amends subdivisions 1 and 2 of section 4144 of the public health law

Read the full memo (645 words)

Section 2 repeals subdivision 7 of section 4144 of the public health law

Section 3 sets for the effective date.

Justification

New York State law requires a funeral director to first obtain a burial/transit permit after obtaining a signed death certificate no matter the late hour of the night or on weekends and holidays, or prior verbal permission, simply to remove a body from a hospital or nursing home that is located in what is termed a "non-adjacent" county.

As currently drafted, Section 4144 of the NYS Public Health Law is antiquated and outmoded. First, in our increasingly mobile society, the routine need for some individuals to receive the requisite level of specialized or end-of-life care at facilities in more metropolitan areas has made common instances when a person passes away in a county that is not adjacent to where their family and/or their funeral director of choice are located. This societal sea change is not at all reflected in the current 50-year-old law governing removal of bodies, a law which serves as an outmoded impediment to a funeral director wishing simply to act at the direction of the family to safely and efficiently retrieve their loved one's body.

The necessity to obtain a prior permit or receive prior permission delays this critical process, creating unnecessary emotional upset for the family. Second, verbal permission from a registrar of vital statistics, or the Commissioner or a person authorized by the Commissioner, to remove a body is no longer needed; the State's EDRS negates the need to communicate by telephone and allows permits to be obtained electronically anywhere internet access is available. Third, and perhaps most notably, the elimination of this impediment will, in facilitating the removal of the deceased from a place of death, work to uphold and respect the requirement of some religions that the body of a deceased individual must be buried no later than 24 hours after the time of his or her death. This legislation simply seeks to extend the area to which a body may be removed to non-adjacent counties within New York State without first obtaining a permit, and to simultaneously modernize Section 4144 of the Public Health Law. The requirement to obtain a transit permit remains unchanged.

In addition, this bill in no way alters the current legal obligation of a funeral director to notify the coroner or medical examiner of any death occurring from other than natural causes, or to return the body to the registration district in the county where the death occurred whenever the coroner, medical examiner, or district attorney requests the return of the body for investigation or post-mortem examination.

Legislative history

New Bill.

Fiscal implications

Undetermined

Effective date

This act shall take effect immediately.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.