Assembly Bill A287A

2013-2014 Legislative Session

Relates to the commercial display of human remains

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Archive: Last Bill Status - In Senate Committee Health 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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Bill Amendments

2013-A287 - Details

See Senate Version of this Bill:
S827
Current Committee:
Senate Health
Law Section:
Public Health Law
Laws Affected:
Add Art 43-C §§4380 - 4383, Pub Health L
Versions Introduced in Other Legislative Sessions:
2009-2010: A412
2011-2012: A6185, S7636
2015-2016: A5778, S2787
2017-2018: A4529, S2704
2019-2020: S3799
2021-2022: S3272
2023-2024: S4683

2013-A287 - 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.

2013-A287 - Bill Text download pdf

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

                                   287

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 9, 2013
                               ___________

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:
              

2013-A287A (ACTIVE) - Details

See Senate Version of this Bill:
S827
Current Committee:
Senate Health
Law Section:
Public Health Law
Laws Affected:
Add Art 43-C §§4380 - 4383, Pub Health L
Versions Introduced in Other Legislative Sessions:
2009-2010: A412
2011-2012: A6185, S7636
2015-2016: A5778, S2787
2017-2018: A4529, S2704
2019-2020: S3799
2021-2022: S3272
2023-2024: S4683

2013-A287A (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.

2013-A287A (ACTIVE) - Bill Text download pdf

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

                                 287--A

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced by M. of A. KAVANAGH -- read once and referred to the Commit-
  tee on Health -- committee discharged, bill amended, ordered reprinted
  as amended and recommitted to said committee

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.

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

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