senate Bill S657A

Signed By Governor
2011-2012 Legislative Session

Makes possession and sale of embalming fluid a violation

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Archive: Last Bill Status Via A3964 - Signed by Governor


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

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Actions

view actions (23)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
May 18, 2012 signed chap.29
May 07, 2012 delivered to governor
Apr 17, 2012 returned to assembly
passed senate
3rd reading cal.464
substituted for s657a
Apr 17, 2012 substituted by a3964a
Mar 29, 2012 advanced to third reading
Mar 28, 2012 2nd report cal.
Mar 27, 2012 1st report cal.464
Feb 15, 2012 committee discharged and committed to health
Feb 14, 2012 print number 657a
amend (t) and recommit to codes
Jan 04, 2012 referred to codes
returned to senate
died in assembly
Mar 21, 2011 referred to codes
delivered to assembly
passed senate
Mar 10, 2011 advanced to third reading
Mar 09, 2011 2nd report cal.
Mar 08, 2011 1st report cal.171
Jan 05, 2011 referred to codes

Votes

view votes

Mar 27, 2012 - Health committee Vote

S657A
16
0
committee
16
Aye
0
Nay
1
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Health committee vote details

Mar 8, 2011 - Codes committee Vote

S657
16
0
committee
16
Aye
0
Nay
0
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show committee vote details

Bill Amendments

Original
A (Active)
Original
A (Active)

S657 - Details

See Assembly Version of this Bill:
A3964A
Law Section:
Public Health Law
Laws Affected:
Amd §§3400 & 3455, Pub Health L
Versions Introduced in 2009-2010 Legislative Session:
S7542B, A11509

S657 - Summary

Makes possession and sale of embalming fluid a misdemeanor.

S657 - Sponsor Memo

S657 - Bill Text download pdf

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

                                   657

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced  by  Sen. VALESKY -- read twice and ordered printed, and when
  printed to be committed to the Committee on Codes

AN ACT to amend the penal law and public  health  law,  in  relation  to
  criminal possession and unlawful sale of embalming fluid

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

  Section 1. The penal law is amended by adding a new section 220.78  to
read as follows:
S 220.78 CRIMINAL POSSESSION OF EMBALMING FLUID.
  1.  A  PERSON IS GUILTY OF CRIMINAL POSSESSION OF EMBALMING FLUID WHEN
HE OR SHE KNOWINGLY POSSESSES EMBALMING FLUID WITH THE  INTENT:  (A)  TO
USE  SUCH EMBALMING FLUID FOR PURPOSES OF HUMAN INGESTION OR INHALATION;
OR (B) TO SELL SUCH EMBALMING FLUID  TO  ANOTHER  PERSON  UNDER  CIRCUM-
STANCES  EVINCING  KNOWLEDGE  THAT  SUCH  OTHER PERSON OR A THIRD PERSON
INTENDS TO USE SUCH EMBALMING FLUID FOR PURPOSES OF HUMAN  INGESTION  OR
INHALATION.
  2. FOR PURPOSES OF THIS SECTION, "EMBALMING FLUID" MEANS ANY CHEMICALS
OR  SUBSTANCES MANUFACTURED PRIMARILY FOR USE BY LICENSED FUNERAL DIREC-
TORS, UNDERTAKERS OR EMBALMERS, OR  REGISTERED  RESIDENTS,  TO  PREPARE,
DISINFECT OR PRESERVE, EITHER HYPODERMICALLY, ARTERIALLY OR BY ANY OTHER
RECOGNIZED  MEANS THE BODY OF A DECEASED PERSON FOR BURIAL, CREMATION OR
OTHER FINAL DISPOSITION.
  CRIMINAL POSSESSION OF EMBALMING FLUID IS A CLASS A MISDEMEANOR.
  S 2. Section 3400 of the public health law is amended by adding a  new
subdivision (l) to read as follows:
  (L)  "EMBALMING  FLUID" MEANS ANY CHEMICALS OR SUBSTANCES MANUFACTURED
PRIMARILY FOR USE BY LICENSED FUNERAL DIRECTORS, UNDERTAKERS  OR  EMBAL-
MERS, OR REGISTERED RESIDENTS, TO PREPARE, DISINFECT OR PRESERVE, EITHER
HYPODERMICALLY,  ARTERIALLY OR BY ANY OTHER RECOGNIZED MEANS THE BODY OF
A DECEASED PERSON FOR BURIAL, CREMATION OR OTHER FINAL DISPOSITION.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.

S657A (ACTIVE) - Details

See Assembly Version of this Bill:
A3964A
Law Section:
Public Health Law
Laws Affected:
Amd §§3400 & 3455, Pub Health L
Versions Introduced in 2009-2010 Legislative Session:
S7542B, A11509

S657A (ACTIVE) - Summary

Makes possession and sale of embalming fluid a misdemeanor.

S657A (ACTIVE) - Sponsor Memo

S657A (ACTIVE) - Bill Text download pdf

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

                                 657--A

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced  by  Sen. VALESKY -- read twice and ordered printed, and when
  printed to be committed to the Committee on Codes  --  recommitted  to
  the  Committee  on  Codes  in accordance with Senate Rule 6, sec. 8 --
  committee discharged, bill amended, ordered reprinted as  amended  and
  recommitted to said committee

AN  ACT  to  amend  the  public  health  law,  in  relation  to criminal
  possession and unlawful sale of embalming fluid

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

  Section 1.  Section 3400 of the public health law is amended by adding
a new subdivision (l) to read as follows:
  (L)  "EMBALMING  FLUID" MEANS ANY CHEMICALS OR SUBSTANCES MANUFACTURED
PRIMARILY FOR USE BY LICENSED FUNERAL DIRECTORS, UNDERTAKERS  OR  EMBAL-
MERS, OR REGISTERED RESIDENTS, TO PREPARE, DISINFECT OR PRESERVE, EITHER
HYPODERMICALLY,  ARTERIALLY OR BY ANY OTHER RECOGNIZED MEANS THE BODY OF
A DECEASED PERSON FOR BURIAL, CREMATION OR OTHER FINAL DISPOSITION.
  S 2. Paragraph (f) of subdivision 1 of  section  3455  of  the  public
health  law is relettered paragraph (g) and a new paragraph (f) is added
to read as follows:
  (F) BEING A FUNERAL DIRECTOR, UNDERTAKER OR  EMBALMER,  OR  REGISTERED
RESIDENT,  KNOWINGLY  GIVE,  SELL,  PERMIT TO BE SOLD, OFFER FOR SALE OR
DISPLAY FOR SALE, OTHER THAN FOR PURPOSES WITHIN THE  GENERAL  SCOPE  OF
THEIR ACTIVITIES AS A LICENSED FUNERAL DIRECTOR, UNDERTAKER OR EMBALMER,
OR  REGISTERED  RESIDENT,  EMBALMING FLUID TO ANOTHER PERSON WITH ACTUAL
KNOWLEDGE THAT SUCH OTHER PERSON IS NOT  A  LICENSED  FUNERAL  DIRECTOR,
UNDERTAKER  OR EMBALMER, OR REGISTERED RESIDENT, OR ENTITY AUTHORIZED TO
PERFORM EMBALMING ACTIVITIES UNDER SECTION THIRTY-FOUR HUNDRED TWENTY OF
THIS ARTICLE OR ACTIVITIES DESCRIBED IN ARTICLE FORTY-TWO OF THIS  CHAP-
TER; OR
  S 3. This act shall take effect on the one hundred eightieth day after
it shall have become a law.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

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