S T A T E   O F   N E W   Y O R K
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                                  7171

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                             April 14, 2011
                               ___________

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.