S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2733
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 27, 2023
                                ___________
 
 Introduced  by  M.  of  A. J. A. GIGLIO -- read once and referred to the
   Committee on Health
 
 AN ACT to amend the public health law, in  relation  to  requiring  each
   certificate of death to also be filed with the board of elections
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 4140 of the public health  law,  subdivision  1  as
 amended  by chapter 352 of the laws of 2013 and subdivision 3 as amended
 by chapter 476 of the laws of 2002, is amended to read as follows:
   § 4140. Deaths; registration. 1. The death of each person who has died
 in this state shall be registered immediately and not later than  seven-
 ty-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  through  electronic
 means  in  accordance with section forty-one hundred forty-eight of this
 title.
   2. WHEN A REGISTRAR FILES A CERTIFICATE OF DEATH UNDER SUBDIVISION ONE
 OF THIS SECTION, SUCH REGISTRAR SHALL ALSO FILE A CERTIFICATE  OF  DEATH
 WITH  THE  BOARD  OF  ELECTIONS FOR THE COUNTY IN WHICH THE REGISTRAR IS
 APPOINTED IN A MANNER PRESCRIBED  BY  SUCH  BOARD  OF  ELECTIONS.    THE
 REGISTRAR SHALL ALSO MAIL A COPY OF THE DEATH CERTIFICATE TO THE DEPART-
 MENT  AND  THE  BOARD  OF  ELECTIONS  IN  THE COUNTY IN WHICH THE PERSON
 RESIDED AT THE TIME OF DEATH.
   3. If the certificate of death is properly executed and complete,  the
 registrar of the district in which the death occurred shall then issue a
 burial  or removal permit to the funeral director or undertaker. In case
 the death occurred from a disease which is designated  in  the  sanitary
 code  as  a  communicable  disease,  no  permit for the removal or other
 disposition of the body shall be issued by the registrar,  except  to  a
 funeral   director   or  undertaker  licensed  in  accordance  with  the
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07233-01-3
              

 A. 2733                             2
 
 provisions of this chapter, under such conditions as may  be  prescribed
 in the sanitary code.
   [3.]  4.  The commissioner and the department of health of the city of
 New York shall deliver to the state board of elections, at least  month-
 ly,  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.
   § 2. This act shall take effect on the thirtieth day  after  it  shall
 have become a law.