senate Bill S827

2013-2014 Legislative Session

Relates to the commercial display of human remains

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Archive: Last Bill Status - In Committee


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2014 referred to health
Jun 04, 2013 reported and committed to finance
Jan 09, 2013 referred to health

Votes

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Jun 4, 2013 - Health committee Vote

S827
17
0
committee
17
Aye
0
Nay
0
Aye with Reservations
0
Absent
0
Excused
0
Abstained
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Co-Sponsors

S827 - Bill Details

See Assembly Version of this Bill:
A287A
Current Committee:
Senate Health
Law Section:
Public Health Law
Laws Affected:
Add Art 43-C ยงยง4380 - 4383, Pub Health L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S7636, A6185A
2009-2010: A412

S827 - Bill Texts

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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.

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BILL NUMBER:S827

TITLE OF BILL:
An act
to amend the public health law, in relation to the commercial display of
human remains

PURPOSE:
To require a permit issued by the Health Department if human
remains are to be displayed for a commercial purpose such as a museum
or art exhibit.

SUMMARY OF PROVISIONS:
Section 1 sets forth the legislative findings,
This bill is necessary to protect public health and ensure that when
human remains are displayed for commercial purposes that the remains
are lawfully obtained.

Section 2 adds a new article 43-C of the Public Health Law, relating
to Commercial Display of Human Remains, which includes the following:

* Definition of terms.

*Prohibits the display of human remains for commercial purposes
without first obtaining a permit from the Department of Health.

*Provides that the displays of human remains that meet any of the
following criteria are exempt from the permit process: more than one
hundred years old; consisting solely of teeth or hair; part of a
funeral or memorial service: an object of religious veneration; in
the possession of a museum facility; consisting of bodies for display
prior to the effective date.

*Imposes a civil penalty not exceeding five thousand dollars for each
violation.

Section 3: This act shall be effective on the ninetieth day after it
shall have become a law, with provisions.

JUSTIFICATION:
Recently, an exhibit which displays plasticized bodies
has been touring the country. The exhibit displays bodies that have
been embalmed using a special process which permits the body to
retain its shape and size. The bodies are displayed with the skin and
some bones removed so that the human anatomy may be observed in
different stages and different positions. Although the exhibit is
considered educational and interesting entertainment by many, a
question has arose about the origin of these bodies. While Article 43
of the Public Health Law regulates anatomical gifts, this law did not
anticipate the display of human remains for commercial purposes.
Therefore, this bill is necessary to ensure that the public health is
protected and that the commercial
display of human remains does not create new incentives for the theft
of improper procurement of such remains. This bill requires that
anyone wishing to exhibit human remains for commercial purposes in
New York State apply for a permit through the Department of Health


which would require the applicant to show a valid authorization for
possession and display of each body. This law would ensure that each
body displayed for commercial purposes is legally obtained. Also, the
bill would insure that regulations involving anatomical gifts have
been followed.

LEGISLATIVE HISTORY:
2011-12: S.7636/A.6185A - Passed the Senate; Died in Rules
2008: S.7000A - Passed Senate

FISCAL IMPACT ON THE STATE:
Not yet determined.

EFFECTIVE DATE:
This act shall take effect on the
ninetieth day after
it shall become law; provided, however, that effective immediately
the commissioner of the department of health is authorized to
promulgate any and all rules and regulations and take any other
measures necessary to implement this act on its effective date, on
or before such date.

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

                                   827

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sen.  PARKER -- read twice and ordered printed, and when
  printed to be committed to the Committee 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-C to
read as follows:
                              ARTICLE 43-C
                    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:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02898-02-3

S. 827                              2

  1. "COMMERCIAL PURPOSES" MEANS EITHER:
  (A) A DISPLAY FOR WHICH THE PUBLIC IS CHARGED A FEE OR OTHER CONSIDER-
ATION AS A CONDITION OF VIEWING; OR
  (B)  A DISPLAY FOR WHICH AN EXHIBITOR ACCEPTS PAYMENT OR OTHER CONSID-
ERATION.
  2.  "EXHIBITOR" MEANS A PERSON OR ENTITY WHO  SHOWS  OR  PUTS  ON,  OR
CONTRACTS  TO  SHOW  OR  PUT  ON,  A  TEMPORARY  PUBLIC DISPLAY OF HUMAN
REMAINS.
  3. "MUSEUM FACILITY" MEANS A PUBLIC OR PRIVATE  NONPROFIT  INSTITUTION
THAT  IS  ACCREDITED BY THE AMERICAN ASSOCIATION OF MUSEUMS OR IS A PART
OF AN ACCREDITED COLLEGE OR UNIVERSITY,  AND  THAT  IS  ORGANIZED  ON  A
PERMANENT  BASIS  FOR  ESSENTIALLY EDUCATIONAL OR AESTHETIC PURPOSES AND
THAT OWNS OR USES TANGIBLE OBJECTS, CARES FOR THOSE OBJECTS, AND  EXHIB-
ITS THEM TO THE GENERAL PUBLIC ON A REGULAR BASIS.
  S  4381. COMMERCIAL DISPLAY OF HUMAN REMAINS. 1. EXCEPT AS PROVIDED IN
SUBDIVISION TWO OF THIS  SECTION,  A  PERSON  SHALL  NOT  DISPLAY  HUMAN
REMAINS  TO THE PUBLIC FOR COMMERCIAL PURPOSES WITHOUT FIRST OBTAINING A
PERMIT ISSUED BY THE  DEPARTMENT  AS  REQUIRED  BY  SECTION  FORTY-THREE
HUNDRED EIGHTY-TWO OF THIS ARTICLE.
  2.  SUBDIVISION  ONE  OF  THIS SECTION SHALL NOT APPLY TO A DISPLAY OF
HUMAN REMAINS THAT IS ANY OF THE FOLLOWING:
  (A) MORE THAN ONE HUNDRED YEARS OLD;
  (B) CONSISTING SOLELY OF HUMAN TEETH OR HAIR;
  (C) PART OF THE ORDINARY DISPLAY OR  VIEWING  OF  THE  DECEASED  AT  A
FUNERAL ESTABLISHMENT OR PART OF A SIMILAR FUNERAL OR MEMORIAL SERVICE;
  (D) AN OBJECT OF RELIGIOUS VENERATION;
  (E)  CONSISTING SOLELY OF BODIES TRANSPORTED INTO AND REMAINING IN THE
STATE FOR DISPLAY PRIOR TO THE EFFECTIVE DATE OF THIS SECTION; OR
  (F) IN THE POSSESSION OF A MUSEUM FACILITY.
  HOWEVER, IF THE MUSEUM FACILITY PAID OR OFFERED OTHER CONSIDERATION TO
AN EXHIBITOR TO DISPLAY THE REMAINS, AND THE REMAINS ARE NOT EXEMPT FROM
THIS SECTION PURSUANT TO PARAGRAPHS (A) THROUGH (D) OF THIS SUBDIVISION,
THE EXHIBITOR SHALL BE REQUIRED TO OBTAIN A PERMIT PURSUANT  TO  SECTION
FORTY-THREE HUNDRED EIGHTY-TWO OF THIS ARTICLE.
  3.  ANY  PERSON  WHO VIOLATES THIS SECTION SHALL BE SUBJECT TO A CIVIL
PENALTY OF AN AMOUNT THAT DOES NOT EXCEED FIVE THOUSAND DOLLARS FOR EACH
VIOLATION.
  S 4382. PERMIT. THE DEPARTMENT SHALL ESTABLISH A PERMIT PROGRAM  UNDER
THIS  ARTICLE.  A  PERMIT  MAY  BE  ISSUED TO ANY PERSON FOR THE PURPOSE
DESCRIBED IN SECTION FORTY-THREE HUNDRED EIGHTY-ONE OF THIS ARTICLE ONLY
UPON A DETERMINATION BY THE DEPARTMENT  THAT  THE  PERSON  HAS  PROVIDED
VALID  WRITTEN  AUTHORIZATION TO DISPLAY HUMAN REMAINS FOR CONSIDERATION
FROM ANY OF THE FOLLOWING INDIVIDUALS:
  1. THE DECEDENT, INCLUDING, BUT NOT LIMITED TO, AUTHORIZATION GIVEN BY
WILL;
  2. ANY PERSON AUTHORIZED TO MAKE  AN  ANATOMICAL  GIFT  UNDER  ARTICLE
FORTY-THREE OF THIS CHAPTER.
  S  4383.  APPLICATION.  NOTHING  IN THIS ARTICLE SHALL BE CONSTRUED TO
APPLY TO THE UTILIZATION OF HUMAN REMAINS IN A  MANNER  THAT  MEETS  THE
PURPOSES  SET  FORTH  IN ARTICLE FORTY-THREE OF THIS CHAPTER RELATING TO
ANATOMICAL GIFTS.
  S 3. This act shall take effect on the ninetieth day  after  it  shall
have become a law. Effective immediately the commissioner of the depart-
ment  of  health is authorized to promulgate any and all rules and regu-
lations and take any other measures necessary to implement this  act  on
its effective date, on or before such date.

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