Senate Bill S4683

2023-2024 Legislative Session

Relates to the commercial display of human remains

download bill text pdf

Sponsored By

Current Bill Status - In Senate Committee Health Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2023-S4683 (ACTIVE) - Details

Current Committee:
Senate Health
Law Section:
Public Health Law
Laws Affected:
Add Art 43-C §§4380 - 4383, Pub Health L
Versions Introduced in Other Legislative Sessions:
2011-2012: S7636
2013-2014: S827
2015-2016: S2787
2017-2018: S2704
2019-2020: S3799
2021-2022: S3272

2023-S4683 (ACTIVE) - Summary

Relates to the commercial display of human remains; requires the department of health to implement a permit process for anyone displaying human remains for payment or other consideration; exempts remains more than 100 years old, consisting solely of human hair or teeth, part of the ordinary display at a funeral establishment or memorial, an object of religious veneration, consisting solely of bodies transported into and remaining in the state for display prior to the effective date of this section, in the possession of a museum facility or those remains 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.

2023-S4683 (ACTIVE) - Sponsor Memo

2023-S4683 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4683
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             February 13, 2023
                                ___________
 
 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.
                                                            LBD06003-01-3
              

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