NY State Senate Bill 2017-S7630A

Archive: Last Bill Status - In Senate Committee Rules 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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Actions

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Aug 29, 2018	print number 7630b
Aug 29, 2018	amend and recommit to rules
Jun 20, 2018	committed to rules vote reconsidered - restored to third reading substitution reconsidered
Jun 13, 2018	substituted by a9837a
Jun 05, 2018	advanced to third reading
Jun 04, 2018	2nd report cal.
May 31, 2018	1st report cal.1499
May 15, 2018	print number 7630a
May 15, 2018	amend and recommit to health
Feb 01, 2018	referred to health

Votes

- May 31, 2018 - Health Committee Vote
  S7630A
  
  Aye
  
  17
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  
  0
  - - Health Committee Vote: May 31, 2018
      
      aye (17)
      
      Felder
      
      Golden
      
      Hannon
      
      Hoylman-Sigal
      
      Jacobs
      
      Kaminsky
      
      Larkin
      
      Little
      
      Mayer
      
      Montgomery
      
      Murphy
      
      Persaud
      
      Ritchie
      
      Rivera
      
      Seward
      
      Stavisky
      
      Valesky

Bill Amendments

Original

B (Active)

co-Sponsors

View additional co-sponsors

2017-S7630 - Details

See Assembly Version of this Bill:: A9837
Current Committee:: Senate Rules
Law Section:: Public Health Law
Laws Affected:: Amd §§4140, 4148 & 4171, Pub Health L
Versions Introduced in 2019-2020 Legislative Session:: S912

2017-S7630 - Summary

Relates to the implementation of an electronic death registration system; provides that a payment shall be collected for each burial or removal permit issued electronically.

2017-S7630 - Sponsor Memo

                                
 
BILL NUMBER: S7630

SPONSOR: YOUNG
 
TITLE OF BILL:  An act to amend the public health law, in relation to
the implementation of an electronic death registration system

 
PURPOSE OR GENERAL IDEA OF BILL:

To set a hard and fast date for full implementation and use of the NYS
Electronic Death Registration System (EDRS), and to end, on that same
date, the $20 fee paid by funeral directors on each burial permit to
fund the EDRS system.

 
SUMMARY OF PROVISIONS:

Section 4140 of the NYS Public Health Law is amended in Section 1 of the
bill to make a conforming change to ensure the electronic filing of
death certificates; Section 4148 of the Public Health Law is amended in
Section 2 to provide that the EDRS system must be fully implemented by
the 60th day after this legislation is enacted, which shall be the
"implementation date"; eliminates the payment collected from funeral

firms to finance the EDRS system on the same date; Clarifies that any
person violating the requirements to use the EDRS system shall be
subject to existing penalties as provided in the Public Health Law; and,
removes language that would permit further slippage for implementation
beyond the "implementation date"; Section 4171 of the Public Health Law
is amended in Section 3 to make a further conforming and clarifying
change to state that no death certificate shall be complete and correct
that is not filed electronically as required; and, Section 4 sets forth
the effective date of the bill.

 
JUSTIFICATION:

The legal and practical responsibility for coordinating the current
manual process of ensuring the completion and filing of each death
certificate within 72 hours after a death falls upon funeral directors.
The very cumbersome and time-consuming nature of this process needlessly
takes valuable time away from a funeral director that could, and should,
be dedicated to serving the needs of those who have just suffered the
loss of a cherished family member or other loved one. As a result, a law
was enacted in 2013 to require the development and implementation of a
NYS EDRS with funeral firms stepping forward to agree to fund this
system. (Such systems are already being fully used in New York City,
which has its own system, and in most states). The 2013 law required
implementation of NYS EDRS by January 1, 2015.

While progress has been made in some quarters of the state to fully
implement EDRS, it is evident that certain stakeholders in various parts
of the state have not prioritized converting to EDRS from the archaic
manual system. The process of filing death certificates requires the
active collaboration of many parties, and, without the commitment and
participation of all these important parties, EDRS simply cannot fully
be implemented and serve as intended. This is especially frustrating to
funeral directors, who continue to finance EDRS through a statutorily-
mandated $20 fee for each burial permit issued to them - even though the
system is not yet close to being fully implemented.

This bill improves upon the original law by setting a specific, hard
date for "full implementation" of EDRS throughout the State as no later
than 60 days following enactment of this Act; ensures that penalties
will be assessed by DOH on any party who is not fully compliant with
EDRS usage requirements by that date; and, removes the $20 burial permit
fee on funeral firms that have been paying since 2013 and which have not
yet been able to fully see the promise of an EDRS system.

The State has collected approximately $8 million since 2013 from funeral
firms to develop and implement EDRS, well more than enough to do so. In
addition, birth certificates have been filed electronically in NYS for
several years. It is well past time to ensure EDRS is fully implemented
as well as to provide financial relief to our State's funeral homes,
which have single-handedly paid for this system for almost five years.

 
PRIOR LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

The $20 fee assessed paid by funeral homes for each burial permit would
be removed, but the approximately $8 million contributed since 2013 is
more than needed to develop and implement NYS EDRS.

 
EFFECTIVE DATE:
Immediately.

2017-S7630 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7630
 
                             I N  S E N A T E
 
                             February 1, 2018
                                ___________
 
 Introduced  by  Sen.  YOUNG  -- 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 implementation
   of an electronic death registration system
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section  1. Subdivision 1 of section 4140 of the public health law, as
 amended by chapter 352 of the laws  of  2013,  is  amended  to  read  as
 follows:
   1. The death of each person who has died in this state shall be regis-
 tered  immediately  and  not later than seventy-two hours after death or
 the finding of a dead human body, by filing with the  registrar  of  the
 district in which the death occurred or the body was found a certificate
 of such death, in a manner and format as prescribed by the commissioner,
 which  shall  [include]  BE  through electronic means in accordance with
 section forty-one hundred forty-eight of this title.
   § 2. Section 4148 of the public health law, as added by chapter 352 of
 the laws of 2013, is amended to read as follows:
   § 4148. Electronic death registration system.  1.  The  department  is
 hereby  authorized  and directed to design, FULLY implement and maintain
 an electronic death registration system for collecting, storing, record-
 ing, transmitting, amending, correcting and authenticating  information,
 as  necessary  and  appropriate to complete a death registration, and to
 generate such documents as determined by the department in relation to a
 death occurring in this state. As part of the design and FULL  implemen-
 tation  of  the system established by this section, the department shall
 consult with all persons authorized to use such  system  to  the  extent
 practicable  and feasible. The payment referenced in subdivision five of
 this section shall be collected for each burial or removal permit issued
 on or after the effective date of this section, BUT NOT AFTER THE IMPLE-
 MENTATION DATE, from the REGISTERED  FUNERAL  FIRM  REPRESENTED  BY  THE
 licensed  funeral  director or undertaker to whom such permit is issued,
 in the manner specified by the department and shall be used  solely  for
 the  purpose  set  forth  in subdivision five of this section. Except as
 specifically provided in this section, the existing general  duties  of,
 and  remuneration  received by, local registrars in accepting and filing

 certificates of death and issuing burial and removal permits pursuant to
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD14592-01-8

 S. 7630                             2

 any statute or regulation  shall  be  maintained,  and  not  altered  or
 abridged in any way by this section.
   2.  Commencing  on  the  implementation  date[,  the  department shall
 require that] ALL deaths occurring within this state must be  registered
 using  the  electronic  death  registration  system  established in this
 section.  Electronic death registration may be phased in, as  determined
 by  the commissioner, for deaths occurring in the state [until the elec-
 tronic death registration system is  fully  implemented  in  the  state]
 PRIOR TO THE IMPLEMENTATION DATE.  As used in this section, "implementa-
 tion  date"  means  the  [first]  SIXTIETH day [in January in the second
 year] after [this] THE CHAPTER OF THE  LAWS  OF  TWO  THOUSAND  EIGHTEEN
 AMENDING  THIS  section  becomes  a  law[,  or as soon thereafter as the
 commissioner reasonably determines by regulation is feasible in light of
 the intent of this section]. VIOLATIONS OF THIS SECTION SHALL BE SUBJECT
 TO SECTIONS TWELVE AND TWELVE-B OF THIS CHAPTER, PROVIDED THAT  SUBDIVI-
 SION FOUR OF SECTION TWELVE OF THIS CHAPTER SHALL NOT APPLY.
   3.  Commencing  on  the  implementation  date, all persons required to
 register a death or file a certificate of death under this article,  and
 such  others as may be authorized by the commissioner, shall have access
 to the electronic death registration system for the purpose of  entering
 information  required  to  execute,  complete  and file a certificate of
 death or to retrieve such information or generate documentation from the
 electronic death registration system. The confidentiality provisions  in
 section  forty-one  hundred  forty-seven  of  this  title shall apply to
 information maintained in this system.
   4. Notwithstanding any provision of law to the contrary, commencing on
 or after January first, two thousand fifteen[, or on  such  date  deter-
 mined  by  the commissioner pursuant to subdivision two of this section]
 BUT NO LATER THAN THE IMPLEMENTATION DATE, any requirement of this title
 for a signature of any person shall be deemed satisfied by  the  use  by
 such  person  of digital signature provided such person is authorized in
 accordance with this section to use the  electronic  death  registration
 system.
   5.  [Licensed]  FOR  BURIAL  AND  REMOVAL  PERMITS ISSUED PRIOR TO THE
 IMPLEMENTATION DATE, LICENSED funeral directors  and  undertakers  shall
 support the establishment and maintenance of the electronic death regis-
 tration  system  through a payment, tendered for each burial and removal
 permit issued to a licensed  funeral  director  or  undertaker,  in  the
 amount of twenty dollars, provided that such payment shall be considered
 a  cost  of  operation  and the funeral director or undertaker shall not
 charge any additional fee related to such payment for funeral  or  other
 services.
   §  3.  Subdivision  3  of  section  4171  of the public health law, as
 amended by chapter 352 of the laws  of  2013,  is  amended  to  read  as
 follows:
   3.  All certificates, either of birth or death, shall be written legi-
 bly, in durable black ink, provided, however,  that  commencing  on  [or
 after]  the  implementation  date under section forty-one hundred forty-
 eight of this article, death certificates shall be completed in  accord-
 ance  with  section  forty-one  hundred  forty-eight of this article. No
 certificate[, whether filed in paper form  or  death  certificate  filed
 electronically  in accordance with section forty-one hundred forty-eight
 of this article,] shall be held to be complete and correct that does not
 supply all of the items of information called for therein, or  satisfac-
 torily account for their omission.
   § 4. This act shall take effect immediately.

co-Sponsors

View additional co-sponsors

2017-S7630A - Details

See Assembly Version of this Bill:: A9837
Current Committee:: Senate Rules
Law Section:: Public Health Law
Laws Affected:: Amd §§4140, 4148 & 4171, Pub Health L
Versions Introduced in 2019-2020 Legislative Session:: S912

2017-S7630A - Summary

Relates to the implementation of an electronic death registration system; provides that a payment shall be collected for each burial or removal permit issued electronically.

2017-S7630A - Sponsor Memo

                                
 
BILL NUMBER: S7630A

SPONSOR: YOUNG
 
TITLE OF BILL:

An act to amend the public health law, in relation to the implementation
of an electronic death registration system

 
PURPOSE OR GENERAL IDEA OF BILL:

To set a hard and fast effective date of 1/1/2019 for full implementa-
tion of and use of the NYS Electronic Death Registration System (EDRS)
and to assess penalties for those not in compliance effective 1/1/2019
unless the Department of Health determines that non-compliance is
attributable to a circumstance or occurrence beyond the control of an
individual.

 
SUMMARY OF PROVISIONS:

Section 1. Section 4140 of the NYS Public Health Law is amended to make
a conforming change to ensure the electronic filing of death certif-

icates;

Section 2. Section 4148 of the Public Health Law is amended to provide
that the EDRS system must be fully implemented effective January 1,
2019; Clarifies that any person violating the requirements to use the
EDRS system shall be subject to existing penalties as provided in the
Public Health Law; and, removes language that would permit further slip-
page for implementation beyond the "implementation date"; adds language
to allow for the department to waive penalties should it be determined
that non-compliance is attributable to a circumstance or occurrence
beyond the control of an individual;

Section 3. Section 4171 of the Public Health Law is amended to make a
further conforming and clarifying change to state that no death certif-
icate shall be complete and correct that is not filed electronically as
required; and, Section 4 sets forth the effective date of the bill.

 
JUSTIFICATION:

The legal and practical responsibility for coordinating the current
manual process of ensuring the completion and filing of each death
certificate within 72 hours after a death falls upon funeral directors.
The very cumbersome and time-consuming nature of this process needlessly
takes valuable time away from a funeral director that could, and should,
be dedicated to serving the needs of those who have just suffered the
loss of a cherished family member or other loved one. As a result, a law
was enacted in 2013 to require the development and implementation of a
NYS EDRS with funeral firms stepping forward to agree to fund this
system. (Such systems are already being fully used in New York City,
which has its own system, and in most states). The 2013 law required
implementation of NYS EDRS by January 1, 2015.

While progress has been made in some quarters of the state to fully
implement EDRS, it is evident that certain stakeholders in various parts
of the state have not prioritized converting to EDRS from the archaic
manual system. The process of filing death certificates requires the
active collaboration of many parties, and, without the commitment and

participation of all these important parties, EDRS simply cannot fully
be implemented and serve as intended.

This bill improves upon the original law by setting a specific, hard
date for "full implementation" of EDRS throughout the State as no later
than January 1, 2019; ensures that penalties will be assessed by DOH on
any party who is not fully compliant with EDRS usage requirements by
that date; and, allows DOH to waive penalties should it be determined
that the noncompliance is attributable to a circumstance or occurrence
beyond the control of an individual.

The State has collected approximately $8 million since 2013 from funeral
firms to develop and implement EDRS, well more than enough to do so. In
addition, birth certificates have been filed electronically in NYS for
several years. It is well past time to ensure EDRS is fully implemented.

 
PRIOR LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

None to state.

 
EFFECTIVE DATE:
Immediately.

2017-S7630A - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7630--A
 
                             I N  S E N A T E
 
                             February 1, 2018
                                ___________
 
 Introduced  by  Sens.  YOUNG, ADDABBO, AVELLA, BONACIC, FUNKE, GALLIVAN,
   HELMING, MARCHIONE, O'MARA, SEWARD, VALESKY -- read twice and  ordered
   printed,  and  when printed to be committed to the Committee 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 implementation
   of an electronic death registration system
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 1 of section 4140 of the public health law,  as
 amended  by  chapter  352  of  the  laws  of 2013, is amended to read as
 follows:
   1. The death of each person who has died in this state shall be regis-
 tered immediately and not later than seventy-two hours  after  death  or
 the  finding  of  a dead human body, by filing with the registrar of the
 district in which the death occurred or the body was found a certificate
 of such death, in a manner and format as prescribed by the commissioner,
 which shall [include] BE through electronic  means  in  accordance  with
 section forty-one hundred forty-eight of this title.
   § 2. Section 4148 of the public health law, as added by chapter 352 of
 the laws of 2013, is amended to read as follows:
   §  4148.  Electronic  death  registration system. 1. The department is
 hereby authorized and directed to design, FULLY implement  and  maintain
 an electronic death registration system for collecting, storing, record-
 ing,  transmitting, amending, correcting and authenticating information,
 as necessary and appropriate to complete a death  registration,  and  to
 generate such documents as determined by the department in relation to a
 death  occurring in this state. As part of the design and FULL implemen-
 tation of the system established by this section, the  department  shall
 consult  with  all  persons  authorized to use such system to the extent
 practicable and feasible. The payment referenced in subdivision five  of
 this section shall be collected for each burial or removal permit issued
 on  or  after  the  effective  date  of this section from the REGISTERED
 FUNERAL FIRM REPRESENTED BY THE licensed funeral director or  undertaker
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD14592-03-8

 S. 7630--A                          2
 
 to whom such permit is issued, in the manner specified by the department
 and  shall  be used solely for the purpose set forth in subdivision five
 of this section. Except as specifically provided in  this  section,  the
 existing  general duties of, and remuneration received by, local regist-
 rars in accepting and filing certificates of death  and  issuing  burial
 and removal permits pursuant to any statute or regulation shall be main-
 tained, and not altered or abridged in any way by this section.
   2.  Commencing  on  the  implementation  date[,  the  department shall
 require that] ALL deaths occurring within this state must be  registered
 using  the  electronic  death  registration  system  established in this
 section.  Electronic death registration may be phased in, as  determined
 by  the commissioner, for deaths occurring in the state [until the elec-
 tronic death registration system is  fully  implemented  in  the  state]
 PRIOR TO THE IMPLEMENTATION DATE.  As used in this section, "implementa-
 tion date" means [the first day in January in the second year after this
 section becomes a law, or as soon thereafter as the commissioner reason-
 ably determines by regulation is feasible in light of the intent of this
 section]  JANUARY  FIRST,  TWO  THOUSAND  NINETEEN.   VIOLATIONS OF THIS
 SECTION SHALL BE SUBJECT TO SECTIONS TWELVE AND TWELVE-B OF  THIS  CHAP-
 TER,  PROVIDED  THAT  SUBDIVISION FOUR OF SECTION TWELVE OF THIS CHAPTER
 SHALL NOT APPLY. PENALTIES SHALL NOT BE ASSESSED  IF  NON-COMPLIANCE  IS
 DETERMINED  BY  THE  DEPARTMENT  TO BE ATTRIBUTABLE TO A CIRCUMSTANCE OR
 OCCURRENCE SUBSTANTIALLY BEYOND THE CONTROL OF SAID PERSON.
   3. Commencing on the implementation  date,  all  persons  required  to
 register  a death or file a certificate of death under this article, and
 such others as may be authorized by the commissioner, shall have  access
 to  the electronic death registration system for the purpose of entering
 information required to execute, complete  and  file  a  certificate  of
 death or to retrieve such information or generate documentation from the
 electronic  death registration system. The confidentiality provisions in
 section forty-one hundred forty-seven  of  this  title  shall  apply  to
 information maintained in this system.
   4. Notwithstanding any provision of law to the contrary, commencing on
 or  after  January  first, two thousand fifteen[, or on such date deter-
 mined by the commissioner pursuant to subdivision two of  this  section]
 BUT NO LATER THAN THE IMPLEMENTATION DATE, any requirement of this title
 for  a  signature  of any person shall be deemed satisfied by the use by
 such person of digital signature provided such person is  authorized  in
 accordance  with  this  section to use the electronic death registration
 system.
   5. [Licensed] FOR BURIAL AND REMOVAL PERMITS, LICENSED funeral  direc-
 tors  and undertakers shall support the establishment and maintenance of
 the electronic death registration system through a payment, tendered for
 each burial and removal permit issued to a licensed funeral director  or
 undertaker,  in the amount of twenty dollars, provided that such payment
 shall be considered a cost of operation  and  the  funeral  director  or
 undertaker  shall  not charge any additional fee related to such payment
 for funeral or other services.
   § 3. Subdivision 3 of section  4171  of  the  public  health  law,  as
 amended  by  chapter  352  of  the  laws  of 2013, is amended to read as
 follows:
   3. All certificates, either of birth or death, shall be written  legi-
 bly,  in  durable  black  ink, provided, however, that commencing on [or
 after] the implementation date under section  forty-one  hundred  forty-
 eight  of this article, death certificates shall be completed in accord-
 ance with section forty-one hundred  forty-eight  of  this  article.  No

 S. 7630--A                          3
 
 certificate[,  whether  filed  in  paper form or death certificate filed
 electronically in accordance with section forty-one hundred  forty-eight
 of this article,] shall be held to be complete and correct that does not
 supply  all of the items of information called for therein, or satisfac-
 torily account for their omission.
   § 4. This act shall take effect immediately.

co-Sponsors

View additional co-sponsors

2017-S7630B (ACTIVE) - Details

See Assembly Version of this Bill:: A9837
Current Committee:: Senate Rules
Law Section:: Public Health Law
Laws Affected:: Amd §§4140, 4148 & 4171, Pub Health L
Versions Introduced in 2019-2020 Legislative Session:: S912

2017-S7630B (ACTIVE) - Summary

Relates to the implementation of an electronic death registration system; provides that a payment shall be collected for each burial or removal permit issued electronically.

2017-S7630B (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S7630B

SPONSOR: YOUNG
 
TITLE OF BILL:  An act to amend the public health law, in relation to
the implementation of an electronic death registration system

 
PURPOSE OR GENERAL IDEA OF BILL:

To provide that fees charged prospectively to fund the establishment and
use of the NYS Electronic Death Registration System (EDRS)shall only be
collected in instances where the death certificate is actually issued
electronically.

 
SUMMARY OF PROVISIONS:

Section 1. Subdivisions one and five of Section 4148 of the Public
Health Law are amended to provide that the fee established to fund the
EDRS system need only be paid in instances where the death certificate
is actually electronically issued to a funeral director.

Section 2. Provides that this act shall take effect immediately.

 
JUSTIFICATION:

The legal and practical responsibility for coordinating the current
manual process of ensuring the completion and filing of each death
certificate within 72 hours after a death falls upon funeral directors.
The very cumbersome and time-consuming nature of this process needlessly
takes valuable time away from a funeral director that could, and should,
be dedicated to serving the needs of those who have just suffered the
loss of a cherished family member or other loved one. As a result, a law
was enacted in 2013 to require the development and implementation of a
NYS EDRS with funeral firms stepping forward to agree to fund this
system. (Such systems are already being fully used in New York City,
which has its own system, and in most states). The 2013 law required
implementation of NYS EDRS by January 1, 2015.

While progress has been made in some quarters of the state to fully
implement EDRS, it is evident that certain stakeholders in various parts
of the state have not prioritized converting to EDRS from the archaic
manual system. The process of filing death certificates requires the
active collaboration of many parties, and, without the commitment and
participation of all these important parties, EDRS simply cannot fully
be implemented and serve as intended.

This bill improves upon the original law by providing that in the future
"implementation" of EDRS throughout the state the users of the system
shall only be assessed the EDRS implementation fee when they are actual-
ly issued a permit pursuant to the EDRS system.

The State has collected approximately $8 million since 2013 from funeral
firms to develop and implement EDRS, well more than enough to do so. In
addition, birth certificates have been filed electronically in NYS for
several years. This bill will serve as an encouragement for the full
implementation of EDRS.

 
PRIOR LEGISLATIVE HISTORY:

New bill.
 
FISCAL IMPLICATIONS:

None to state if EDRS is enacted as originally required in statute.

 
EFFECTIVE DATE:
Immediately.

2017-S7630B (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7630--B
     Cal. No. 1499
 
                             I N  S E N A T E
 
                             February 1, 2018
                                ___________
 
 Introduced  by  Sens.  YOUNG, ADDABBO, AVELLA, BONACIC, FUNKE, GALLIVAN,
   HELMING, LARKIN, O'MARA, SEWARD, VALESKY --  read  twice  and  ordered
   printed,  and  when printed to be committed to the Committee on Health
   -- committee discharged, bill amended, ordered  reprinted  as  amended
   and  recommitted  to  said  committee  -- reported favorably from said
   committee, ordered to first and second  report,  ordered  to  a  third
   reading, substituted by A.9837-A, vote reconsidered, restored to third
   reading -- reported favorably from said committee and committed to the
   Committee  on  RULES  --  amended and ordered reprinted, retaining its
   place in the order of third reading
 
 AN ACT to amend the public health law, in relation to the implementation
   of an electronic death registration system
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivisions 1 and 5 of section 4148 of the public health
 law, as added by chapter 352 of the laws of 2013, are amended to read as
 follows:
   1. The department is hereby authorized and directed to design,  imple-
 ment  and  maintain an electronic death registration system for collect-
 ing, storing, recording, transmitting, amending, correcting and  authen-
 ticating  information,  as necessary and appropriate to complete a death
 registration, and to  generate  such  documents  as  determined  by  the
 department  in  relation  to a death occurring in this state. As part of
 the design and implementation of the system established by this section,
 the department shall consult with all persons  authorized  to  use  such
 system to the extent practicable and feasible. The payment referenced in
 subdivision  five  of this section shall be collected for each burial or
 removal permit issued, PROVIDED SUCH BURIAL OR REMOVAL PERMIT IS  ISSUED
 ELECTRONICALLY,  on or after the effective date of this section from the
 licensed funeral director or undertaker to whom such  permit  is  issued
 THROUGH  THE  ELECTRONIC DEATH REGISTRATION SYSTEM, in the manner speci-
 fied by the department and shall be used  solely  for  the  purpose  set
 forth  in  subdivision  five  of  this  section.  Except as specifically
 provided in this section, the existing general duties of, and  remunera-

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD14592-07-8

 S. 7630--B                          2
 
 tion  received by, local registrars in accepting and filing certificates
 of death and issuing burial and removal permits pursuant to any  statute
 or  regulation  shall  be maintained, and not altered or abridged in any
 way by this section.
   5. Licensed funeral directors and undertakers shall support the estab-
 lishment  and  maintenance  of  the electronic death registration system
 through a payment, tendered for each burial and removal  permit  issued,
 PROVIDED  SUCH  BURIAL  OR REMOVAL PERMIT IS ISSUED ELECTRONICALLY, to a
 licensed funeral director or undertaker  THROUGH  THE  ELECTRONIC  DEATH
 REGISTRATION SYSTEM, in the amount of twenty dollars, provided that such
 payment shall be considered a cost of operation and the funeral director
 or  undertaker  shall  not  charge  any  additional  fee related to such
 payment for funeral or other services.
   § 2. This act shall take effect immediately.

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Senate Bill S7630A

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