S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3272
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 28, 2021
                                ___________
 
 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.
   §  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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD07486-01-1

 S. 3272                             2
 
   § 4380. DEFINITIONS. AS USED IN  THIS  ARTICLE,  THE  FOLLOWING  TERMS
 SHALL HAVE THE FOLLOWING MEANINGS:
   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.
   §  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;
   (F) IN THE POSSESSION OF A MUSEUM FACILITY; OR
   (G) A DISPLAY OF HUMAN REMAINS THAT IS REPRESENTED BY AN  ENTITY  THAT
 HAS  DISPLAYED HUMAN REMAINS IN THE STATE FOR AT LEAST THREE OF THE LAST
 TEN YEARS WHETHER OR NOT SUCH DISPLAY WAS IN OPERATION AT  THE  TIME  OF
 THE EFFECTIVE DATE OF THIS ARTICLE.
   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.
   §  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.
   § 4383. APPLICATION. NOTHING IN THIS ARTICLE  SHALL  BE  CONSTRUED  TO
 APPLY  TO  THE  UTILIZATION  OF HUMAN REMAINS IN A MANNER THAT MEETS THE

 S. 3272                             3
 
 PURPOSES SET FORTH IN ARTICLE FORTY-THREE OF THIS  CHAPTER  RELATING  TO
 ANATOMICAL GIFTS.
   §  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.