NY State Senate Bill S8251

Archive: Last Bill Status - Vetoed by Governor

Introduced
In Committee
On Floor Calendar
- Passed Senate
- Passed Assembly
Delivered to Governor
Vetoed by Governor

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Actions

view actions (14)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Dec 28, 2022	vetoed memo.185
Dec 16, 2022	delivered to governor
May 24, 2022	returned to senate passed assembly ordered to third reading rules cal.417 substituted for a9231
May 18, 2022	referred to ways and means delivered to assembly passed senate
May 16, 2022	advanced to third reading
May 11, 2022	2nd report cal.
May 10, 2022	1st report cal.1224
May 03, 2022	reported and committed to finance
Feb 07, 2022	referred to health

Votes

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May 18, 2022 - floor Vote

S8251

floor

Aye

Nay

Absent

Excused

Abstained

May 10, 2022 - Finance committee Vote

S8251

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

May 3, 2022 - Health committee Vote

S8251

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

Co-Sponsors

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S8251 (ACTIVE) - Details

See Assembly Version of this Bill:: A9231
Law Section:: Public Health Law
Laws Affected:: Amd §4148, rpld §4148 sub 5, Pub Health L
Versions Introduced in 2023-2024 Legislative Session:: S3009, A4439

S8251 (ACTIVE) - Summary

Relates to eliminating the electronic death registration system fee for funeral directors and undertakers.

S8251 (ACTIVE) - Sponsor Memo

 
BILL NUMBER: S8251

SPONSOR: RYAN
 
TITLE OF BILL:

An act to amend the public health law, in relation to eliminating the
electronic death registration system fee for funeral directors and
undertakers; and to repeal provisions of such law relating thereto

 
PURPOSE:

This bill would remove the $20 fee required to be collected for each
burial, removal or transfer permit issued on and after September 27,
2013, and remitted to the State to fund the design, development, imple-
mentation and maintenance of the NYS electronic death registration
system (EDRS).

 
SUMMARY OF PROVISIONS:

Section 1 of the bill strikes language stating that the fee payment
shall be collected by the State for each burial or removal permit issued
on and after the effective date.

Section 2 repeals Subdivision 5 of Section 4148 of the Public Health Law
which provided for the collection of the $20 EDRS fee and the stipu-
lation that such fee was to be considered a cost of doing business for a
funeral firm.

Section 3 is the effective date.

 
EXISTING LAW:

 
JUSTIFICATION:

In 2013, New York State enacted a law to establish an electronic death
registration system for collecting, storing, recording, transmitting,
amending, correcting and authenticating information relating to deaths
occurring in the state (excluding New York City, which operates its own
EDRS system) This was due to the fact that the previous manual system of
filling-out and filing death certificates was cumbersome, costly and
time-consuming for funeral directors, who are legally responsible for
the successful completion of this process - all within 72 hours of a
person's death. As a result of Chapter 352 of the laws of 2013, all
death certificates must now be filed electronically in the State.

Due to the State's severe fiscal challenges at that time, funeral direc-
tors agreed to partner with the State by agreeing to support the estab-
lishment and implementation of an EDRS system through a $20 fee which
was tendered on each burial and removal permit issued. (This amount was
derived using the system's estimated $6 million cost divided by the more
than 95,000 death certificates registered each year in the State exclu-
sive of New York City.) Under the law, funeral firms were strictly
prohibited from passing along this fee to their consumers, meaning that
these small businesses had to absorb all costs to ensure that EDRS could
become a reality in New York State.

Almost 10 years later, and due in no small part to the fee paid by
funeral homes, we now have what is essentially a fully functioning EDRS
system in all corners of the State. Funeral firms have been collecting
and remitting to NYSDOH the $20 fee since the law was enacted in 2013.
It is estimated that between $1.5 million - $2 million has been sent to
DOH each year since the law's 2013 enactment and which was strictly
earmarked for the development and implementation of a NYS EDRS system.
This means that the State's funeral homes have paid DOH a total well
exceeding $12.5 million for this program - more than double the State's
own estimated cost of funding the entire EDRS system.

This bill seeks to end payment of the EDRS fee.

 
LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

Would result to the State in an elimination of a funding stream which is
no longer needed. However, DOH will continue to realize the increased
payments from the U.S. Social Security Administration for the filing of
death certificates through the use of EDRS.

 
LOCAL FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.

S8251 (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8251
 
                             I N  S E N A T E
 
                             February 7, 2022
                                ___________
 
 Introduced  by  Sen.  RYAN  --  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  eliminating  the
   electronic  death  registration  system  fee for funeral directors and
   undertakers; and to repeal provisions of such law relating thereto

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Subdivision 1 of section 4148 of the public health law, as
 added by chapter 352 of the laws of 2013, is 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 on or after the effective date of this section
 from 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 any statute or  regulation  shall  be  maintained,  and  not
 altered or abridged in any way by this section.
   §  2.  Subdivision  5  of  section  4148  of  the public health law is
 REPEALED.
   § 3. This act shall take effect immediately.
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD14611-01-2

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senate Bill S8251

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Archive: Last Bill Status - Vetoed by Governor

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Votes

May 18, 2022 - floor Vote

Floor Vote: May 18, 2022

May 10, 2022 - Finance committee Vote

Finance Committee Vote: May 10, 2022

May 3, 2022 - Health committee Vote

Health Committee Vote: May 3, 2022

Co-Sponsors

S8251 (ACTIVE) - Details

S8251 (ACTIVE) - Summary

S8251 (ACTIVE) - Sponsor Memo

S8251 (ACTIVE) - Bill Text download pdf

Comments

senate Bill S8251

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Archive: Last Bill Status - Vetoed by Governor

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Votes

May 18, 2022 - floor Vote

Floor Vote: May 18, 2022

May 10, 2022 - Finance committee Vote

Finance Committee Vote: May 10, 2022

May 3, 2022 - Health committee Vote

Health Committee Vote: May 3, 2022

Co-Sponsors

S8251 (ACTIVE) - Details

S8251 (ACTIVE) - Summary

S8251 (ACTIVE) - Sponsor Memo

S8251 (ACTIVE) - Bill Text download pdf

Comments