S T A T E O F N E W Y O R K
________________________________________________________________________
5706
2025-2026 Regular Sessions
I N A S S E M B L Y
February 20, 2025
___________
Introduced by M. of 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.
LBD02321-01-5
A. 5706 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.