Assembly Bill A412

2009-2010 Legislative Session

Relates to the commercial display of human remains

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Assembly Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2009-A412 (ACTIVE) - Details

See Senate Version of this Bill:
S5169
Current Committee:
Assembly Codes
Law Section:
Public Health Law
Laws Affected:
Add Art 43-D §§4380 - 4383, Pub Health L
Versions Introduced in Other Legislative Sessions:
2011-2012: A6185, S1130
2013-2014: A287
2015-2016: A5778
2017-2018: A4529

2009-A412 (ACTIVE) - Summary

Relates to the commercial display of human remains; requires the department of health to implement a permit process for anyone displaying human remains for payment or other consideration; exempts remains more than 100 years old, consisting solely of human hair or teeth, part of the ordinary display at a funeral establishment or memorial, an object of religious veneration, consisting solely of bodies transported into and remaining in the state for display prior to the effective date of this section, or in the possession of a museum facility.

2009-A412 (ACTIVE) - Sponsor Memo

2009-A412 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   412

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2009
                               ___________

Introduced by M. of A. KAVANAGH -- read once and referred to the Commit-
  tee on Health

AN  ACT  to  amend  the public health law, in relation to the commercial
  display of human remains

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Legislative  findings. The legislature finds and declares
that:
  1. Article 43 of the public health law requires any donor  and  speci-
fied authorized individuals to authorize the use of anatomical gifts for
transplantation, therapy, research, and education purposes.
  2.  Every  city, county, or state official responsible for the remains
of unclaimed dead bodies is required to use due diligence to notify  the
relatives of the decedent.
  3.  The  public  display of human remains must be regulated to protect
individual bodily integrity, as well as the social and  cultural  values
of the state.
  4.  It is the intent of the legislature to require persons who partic-
ipate in the public display of human remains for commercial purposes  to
provide  evidence  of informed consent from the decedent or relatives of
all humans whose remains are put on display,  and  to  provide  for  the
continued  use  of human remains in the educational, medical, and scien-
tific communities to promote human health and safety.
  S 2. The public health law is amended by adding a new article 43-D  to
read as follows:
                              ARTICLE 43-D
                    COMMERCIAL DISPLAY OF HUMAN REMAINS
SECTION 4380. DEFINITIONS.
        4381. COMMERCIAL DISPLAY OF HUMAN REMAINS.
        4382. PERMIT.
        4383. APPLICATION.
  S  4380.  DEFINITIONS.  AS  USED  IN THIS ARTICLE, THE FOLLOWING TERMS
SHALL HAVE THE FOLLOWING MEANINGS:
              

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