S T A T E O F N E W Y O R K
________________________________________________________________________
7171
2011-2012 Regular Sessions
I N A S S E M B L Y
April 14, 2011
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Introduced by M. of A. DenDEKKER -- read once and referred to the
Committee on Election Law
AN ACT to amend the public health law and the election law, in relation
to requiring funeral directors and others to forward certificates of
death to boards of election
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 4142 of the public health law, subdivision (b) as
amended by chapter 402 of the laws of 1968, is amended to read as
follows:
S 4142. Death certificate; duties of funeral director. In each case
the funeral director, undertaker or person having charge of the body of
a deceased person, shall:
(a) obtain the personal and statistical particulars required for the
certificate of death from a competent person acquainted with the facts
and qualified to supply them and enter them on the certificate together
with the name and address of his informant;
(b) present the certificate promptly to the attending physician, who
shall forthwith certify to the facts of death, provide the medical
information required by the certificate and sign the medical certificate
of death, or to the coroner or medical examiner in those cases where so
required by this article or, when a death occurs in a hospital, except
in those cases where certificates are issued by coroners or medical
examiners, to the person in charge of such hospital or his designated
representative who shall obtain the medical certificate of death as
prescribed in section four thousand one hundred forty-one-a of this
chapter;
(c) state the facts required on the certificate of death relative to
the date and place of burial, cremation or removal, over his signature
and with his address; [and,]
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10804-01-1
A. 7171 2
(d) prior to the disposition of the remains, file the certificate of
death with the registrar of the district in which the death occurred as
provided in section four thousand one hundred forty of this article;
AND,
(E) FORWARD A COPY OF THE CERTIFICATE OF DEATH TO THE COUNTY BOARD OF
ELECTIONS IN WHICH THE FUNERAL DIRECTOR, UNDERTAKER OR PERSON HAVING
CHARGE OF THE BODY OF A DECEASED PERSON IS LOCATED.
S 2. Section 3-212 of the election law is amended by adding a new
subdivision 6 to read as follows:
6. EACH BOARD OF ELECTION SHALL, UPON RECEIVING A CERTIFICATE OF DEATH
FROM A FUNERAL DIRECTOR, UNDERTAKER OR PERSON HAVING CHARGE OF THE BODY
OF A DECEASED PERSON PURSUANT TO SECTION FORTY-ONE HUNDRED FORTY-TWO OF
THE PUBLIC HEALTH LAW, REMOVE THE NAME OF SUCH DECEASED PERSON FROM THE
ROLLS OF REGISTERED VOTERS.
S 3. This act shall take effect on the thirtieth day after it shall
have become a law.