S T A T E O F N E W Y O R K
________________________________________________________________________
4730
2021-2022 Regular Sessions
I N A S S E M B L Y
February 5, 2021
___________
Introduced by M. of A. SMITH -- read once and referred to the Committee
on Election Law
AN ACT to amend the election law and the public health law, in relation
to requiring funeral directors to deliver death certificates
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 1 of section 5-708 of the election law, as
amended by chapter 476 of the laws of 2002, is amended to read as
follows:
1. It shall be the duty of ALL FUNERAL DIRECTORS TO DELIVER DEATH
CERTIFICATES TO the state health department and the department of health
of the city of New York [to], WHO SHALL IN TURN deliver to the state
board of elections, at least monthly, records, in a format as mutually
determined by both agencies, of the names of all persons of voting age
for whom death certificates were issued. Such records shall be arranged
by county of residence and shall include the name, residence address and
birth date of each such person. EACH COUNTY BOARD OF ELECTIONS SHALL
SUBSEQUENTLY ENSURE THAT ANY DECEDENT REGISTERED TO VOTE SHALL PROMPTLY
BE REMOVED FROM ENROLLMENT.
§ 2. Subdivisions (c), (d) and (e) of section 4142 of the public
health law, subdivision (e) as added by chapter 352 of the laws of 2013,
are amended and a new subdivision (f) is added to read as follows:
(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,]
(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[.];
(e) notwithstanding any contrary provisions of law as may be set forth
in this section, commencing on or after the implementation date under
section forty-one hundred forty-eight of this title, information and
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06849-01-1
A. 4730 2
signatures required by this subdivision shall be obtained and made in
accordance with section forty-one hundred forty-eight of this title[.];
AND
(F) PRESENT THE CERTIFICATE PROMPTLY TO THE STATE HEALTH DEPARTMENT
AND THE DEPARTMENT OF HEALTH OF THE CITY OF NEW YORK, WHO SHALL IN TURN
DELIVER DEATH CERTIFICATES TO THE STATE BOARD OF ELECTIONS, AS
PRESCRIBED BY SECTION 5-708 OF THE ELECTION LAW. SUCH RECORDS SHALL BE
ARRANGED BY COUNTY OF RESIDENCE AND SHALL INCLUDE THE NAME, RESIDENCE
ADDRESS AND BIRTH DATE OF EACH DECEASED PERSON. EACH COUNTY BOARD OF
ELECTIONS SHALL SUBSEQUENTLY ENSURE THAT ANY DECEASED PERSON REGISTERED
TO VOTE SHALL PROMPTLY BE REMOVED FROM ENROLLMENT.
§ 3. This act shall take effect on the ninetieth day after it shall
have become a law.