S T A T E O F N E W Y O R K
________________________________________________________________________
8028
2023-2024 Regular Sessions
I N A S S E M B L Y
September 13, 2023
___________
Introduced by M. of A. EACHUS -- read once and referred to the Committee
on Health
AN ACT to amend the public health law, in relation to the disposal of
human remains which have been deemed abandoned
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 4201 of the public health law is amended by adding
a new subdivision 12 to read as follows:
12. IF THE REMAINS OF A DECEDENT IN THE POSSESSION OF AN UNDERTAKER,
ADMINISTRATOR, EXECUTOR, AUTHORIZED REPRESENTATIVE OF A DECEASED PERSON,
CORPORATION, COMPANY OR ASSOCIATION, OR OTHER PERSON HAVING IN HIS, HER
OR ITS LAWFUL POSSESSION SUCH REMAINS ARE NOT ACTED UPON WITHIN ONE
HUNDRED TWENTY DAYS OF RECEIPT OF SUCH REMAINS DUE TO A LACK OF BURIAL
OR OTHER DISPOSITION PLAN MADE BY THE PERSON IN CONTROL OF DISPOSITION,
PURSUANT TO PARAGRAPH (A) OF SUBDIVISION TWO OF THIS SECTION, SUCH
REMAINS SHALL BE CONSIDERED "ABANDONED". IN SUCH CASE, THE UNDERTAKER,
ADMINISTRATOR, EXECUTOR, AUTHORIZED REPRESENTATIVE OF A DECEASED PERSON,
CORPORATION, COMPANY OR ASSOCIATION, OR OTHER PERSON HAVING IN HIS, HER
OR ITS LAWFUL POSSESSION SUCH REMAINS, MAY DISPOSE OF SUCH REMAINS USING
TRADITIONAL DISPOSAL METHODS SUCH AS BURIAL, CREMATION, OR NATURAL
ORGANIC REDUCTION. A RECORD OF SUCH DISPOSITION SHALL BE MADE AND KEPT
BY THE PERSON MAKING SUCH DISPOSITION. UPON DISPOSING OF SUCH REMAINS IN
THE MANNER PRESCRIBED ABOVE, SUCH PERSON SHALL BE DISCHARGED FROM ANY
LEGAL OBLIGATION OR LIABILITY TO THE AUTHORIZING AGENT OR ANY OTHER
PERSON ENUMERATED UNDER PARAGRAPH (A) OF SUBDIVISION TWO OF THIS SECTION
IN RELATION TO SUCH REMAINS.
§ 2. This act shall take effect immediately.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD13158-01-3