Senate Bill S7457B

2025-2026 Legislative Session

Permits the use of cremation or natural organic reduction as the method of disposition for certain decedents

download bill text pdf

Current Bill Status - In Senate Committee Rules 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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Actions

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 13, 2025	committed to rules
Jun 05, 2025	amended on third reading 7457b
May 19, 2025	amended on third reading 7457a
May 01, 2025	advanced to third reading
Apr 30, 2025	2nd report cal.
Apr 29, 2025	1st report cal.898
Apr 16, 2025	referred to health

Votes

- Apr 29, 2025 - Health Committee Vote
  S7457B
  
  Aye
  
  13
  
  Nay
  
  0
  
  Aye with Reservations
  
  1
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  
  0
  - - Health Committee Vote: Apr 29, 2025
      
      aye (13)
      
      Ashby
      
      Brouk
      
      Gallivan
      
      Gonzalez
      
      Hoylman-Sigal
      
      Jackson
      
      Myrie
      
      Parker
      
      Rhoads
      
      Rivera
      
      Ryan
      
      Stec
      
      Webb
      
      aye wr (1)
      
      Martins

Bill Amendments

Original

B (Active)

2025-S7457 - Details

See Assembly Version of this Bill:: A7894
Current Committee:: Senate Rules
Law Section:: Public Health Law
Laws Affected:: Amd §4201, Pub Health L

2025-S7457 - Summary

Permits a chief fiscal officer of a county or a public administrator, when having the right to control the disposition of the remains of a decedent and acting reasonably and in good faith, to, without civil liability, select cremation or natural organic reduction as the method of disposition for such decedent where the financial resources of such decedent are limited and such disposition is selected with the reasonable belief that the method is consistent with the religious practices of the decedent.

2025-S7457 - Sponsor Memo

                                 
BILL NUMBER: S7457

SPONSOR: RIVERA
 
TITLE OF BILL:

An act to amend the public health law, in relation to permitting the use
of cremation or natural organic reduction as the method of disposition
for certain decedents

 
PURPOSE:

To facilitate the selection of cremation or natural organic reduction as
a method of disposition by local officials acting as public administra-
tors for individuals who die without any financial resources or survi-
vors.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 amends Paragraph (c) of Subsection (2) of Section 4201 of the
Public Health Law by adding language that would strengthen civil liabil-
ity protections and permit local officials acting in their official
capacity as public administrators in good faith to control the disposi-

tion of remains. This bill would also permit local officials and public
administrators to select cremation or natural organic reduction as a
method of final disposition for individuals who die without any finan-
cial resources, and with reasonable belief that such method is consist-
ent with the religious practices of the decedent, provided that no
survivors have claimed the body within 30 days of the decedent's death
not exceeding 90 days, or such survivors have voluntarily given up their
right to control the decedent's final disposition.

Section 2 provides an immediate effective date.

 
JUSTIFICATION:

The State's landmark Final Disposition Law was enacted in 2006-07 to
allow a person to designate someone of their choosing to act as their
legal agent to ensure that their funeral/burial wishes are carried out
after their death. The law also provided a hierarchy in listing which
persons, in descending order of priority, had the right to control the
disposition of a decedent in cases when an agent was not named. As coun-
ties are legally charged with ensuring the dignified final disposition
of individuals who pass away without any financial resources, chief
fiscal officers/public administrators are listed, so they may serve as
the person in control of the final disposition for these individuals.

However, the steady and continued rise in cremation as a chosen form of
final disposition has resulted in heightened concern among these county
officials as to whether current law affords them adequate legal
protection when acting in their official capacity to order or authorize
a cremation, given the irreversibility of cremation as a final disposi-
tion process.

This legislation, if enacted, would provide this needed extra level of
legal protection, and in so doing, give these local officials the neces-
sary degree of comfort and confidence when authorizing cremation or the
new process of natural organic reduction as part of their official
duties. The bill also provides that either of these forms of final
disposition may only be authorized if they are consistent with the reli-
gious practices of the decedent, and 1) no person having priority above
the local official has claimed the decedent 30 days after death (or up
to 90 days at county option), or 2) a person having priority is known
but has given up his or her right to control the disposition.

Enactment of this bill would not only provide the necessary level of
legal protection to county officials as part of their official duties,
but would also ensure that a person's final disposition is carried
through in a seamless and dignified manner.

 
PRIOR LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

Savings to counties in potential legal expenses.

 
EFFECTIVE DATE:
Effective immediately.

2025-S7457 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7457
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                              April 16, 2025
                                ___________
 
 Introduced  by  Sen.  RIVERA -- 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 permitting the use
   of cremation or natural organic reduction as the method of disposition
   for certain decedents

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Paragraph  (c)  of  subdivision  2 of section 4201 of the
 public health law, as amended by chapter 76 of  the  laws  of  2006,  is
 amended to read as follows:
   (c)  The  person  in control of disposition, pursuant to this section,
 shall faithfully carry out the directions of the decedent to the  extent
 lawful and practicable, including consideration of the financial capaci-
 ty  of  the  decedent's  estate  and  other resources made available for
 disposition of the remains. The person in control of  disposition  shall
 also  dispose  of  the decedent in a manner appropriate to the moral and
 individual beliefs and wishes of the decedent provided that such beliefs
 and wishes do not conflict with the  directions  of  the  decedent.  The
 person  in  control of disposition may seek to recover any costs related
 to the disposition from  the  fiduciary  of  the  decedent's  estate  in
 accordance with section eighteen hundred eleven of the surrogate's court
 procedure act. NOTWITHSTANDING THE PROVISIONS OF THIS PARAGRAPH, A CHIEF
 FISCAL  OFFICER  OF  A COUNTY OR A PUBLIC ADMINISTRATOR, WHEN HAVING THE
 RIGHT TO CONTROL THE  DISPOSITION  OF  THE  REMAINS  OF  SUCH   DECEDENT
 PURSUANT  TO  THIS SECTION AND ACTING REASONABLY AND IN GOOD FAITH, MAY,
 WITHOUT CIVIL LIABILITY, SELECT CREMATION OR NATURAL  ORGANIC  REDUCTION
 AS  THE  METHOD  OF  DISPOSITION  FOR  A  DECEDENT  WHERE  THE FINANCIAL
 RESOURCES OF SUCH DECEDENT ARE LIMITED AND SUCH DISPOSITION IS  SELECTED
 WITH  THE REASONABLE BELIEF THAT THE METHOD IS CONSISTENT WITH THE RELI-
 GIOUS PRACTICES OF THE DECEDENT, PROVIDED, THAT  (I)  NO  PERSON  HAVING
 HIGHER  PRIORITY PURSUANT TO THIS SUBDIVISION HAS CLAIMED THE REMAINS OF
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11576-01-5

 S. 7457                             2
 
 THE DECEDENT WITHIN THIRTY DAYS OF THEIR DEATH, OR NOT EXCEEDING  NINETY
 DAYS  IF  ESTABLISHED  BY  A  COUNTY  AT ITS OPTION, OR (II) SUCH PERSON
 HAVING PRIORITY IS KNOWN AND HAS RELINQUISHED THEIR RIGHT TO CONTROL THE
 DECEDENT'S FINAL DISPOSITION.
   § 2. This act shall take effect immediately.

2025-S7457A - Details

See Assembly Version of this Bill:: A7894
Current Committee:: Senate Rules
Law Section:: Public Health Law
Laws Affected:: Amd §4201, Pub Health L

2025-S7457A - Summary

2025-S7457A - Sponsor Memo

                                 
BILL NUMBER: S7457A

SPONSOR: RIVERA
 
TITLE OF BILL:

An act
  to  amend  the public health law, in relation to permitting the use of
cremation or natural organic reduction as the method of disposition  for
certain decedents

 
PURPOSE:

To facilitate the selection of cremation or natural organic reduction as
a  method of disposition by local officials acting as public administra-
tors for individuals who die without any financial resources  or  survi-
vors.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section  1 amends Paragraph (c) of Subsection (2) of Section 4201 of the
Public Health Law by adding language that would strengthen civil liabil-
ity protections and permit local  officials  acting  in  their  official

capacity  as public administrators in good faith to control the disposi-
tion of remains. This bill would also permit local officials and  public
administrators  to  select  cremation  or natural organic reduction as a
method of final disposition for individuals who die without  any  finan-
cial  resources, and with reasonable belief that such method is consist-
ent with the religious practices  of  the  decedent,  provided  that  no
survivors  have claimed the body within 90 days of the decedent's death,
or such survivors have voluntarily given up their right to  control  the
decedent's final disposition.

Section 2 provides an immediate effective date.

 
JUSTIFICATION:

The  State's  landmark  Final  Disposition Law was enacted in 2006-07 to
allow a person to designate someone of their choosing to  act  as  their
legal  agent  to ensure that their funeral/burial wishes are carried out
after their death. The law also provided a hierarchy  in  listing  which
persons,  in  descending order of priority, had the right to control the
disposition of a decedent in cases when an agent was not named. As coun-
ties are legally charged with ensuring the dignified  final  disposition
of  individuals  who  pass  away  without any financial resources, chief
fiscal officers/public administrators are listed, so they may  serve  as
the person in control of the final disposition for these individuals.

However,  the steady and continued rise in cremation as a chosen form of
final disposition has resulted in heightened concern among these  county
officials  as  to  whether  current  law  affords  them  adequate  legal
protection when acting in their official capacity to order or  authorize
a  cremation, given the irreversibility of cremation as a final disposi-
tion process.

This legislation, if enacted, would provide this needed extra  level  of
legal protection, and in so doing, give these local officials the neces-
sary  degree of comfort and confidence when authorizing cremation or the
new process of natural organic  reduction  as  part  of  their  official
duties.  The  bill  also  provides  that  either of these forms of final
disposition may only be authorized if they are consistent with the reli-
gious practices of the decedent, and 1) no person having priority  above
the local official has claimed the decedent 90 days after death, or 2) a
person  having  priority  is  known but has given up his or her right to
control the disposition.

Enactment of this bill would not only provide  the  necessary  level  of
legal  protection  to county officials as part of their official duties,
but would also ensure that  a  person's  final  disposition  is  carried
through in a seamless and dignified manner.

 
PRIOR LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

Savings to counties in potential legal expenses.

 
EFFECTIVE DATE:
Effective immediately.

2025-S7457A - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7457--A
     Cal. No. 898
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                              April 16, 2025
                                ___________
 
 Introduced  by  Sen.  RIVERA -- read twice and ordered printed, and when
   printed to be committed to the Committee on Health -- reported favora-
   bly from said committee, ordered to first and second  report,  ordered
   to a third reading, amended and ordered reprinted, retaining its place
   in the order of third reading
 
 AN ACT
   to  amend  the public health law, in relation to permitting the use of
 cremation or natural organic reduction as the method of disposition  for
 certain decedents
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Paragraph (c) of subdivision  2  of  section  4201  of  the
 public  health  law,  as  amended  by chapter 76 of the laws of 2006, is
 amended to read as follows:
   (c) The person in control of disposition, pursuant  to  this  section,
 shall  faithfully carry out the directions of the decedent to the extent
 lawful and practicable, including consideration of the financial capaci-
 ty of the decedent's estate  and  other  resources  made  available  for
 disposition  of  the remains. The person in control of disposition shall
 also dispose of the decedent in a manner appropriate to  the  moral  and
 individual beliefs and wishes of the decedent provided that such beliefs
 and  wishes  do  not  conflict  with the directions of the decedent. The
 person in control of disposition may seek to recover any  costs  related
 to  the  disposition  from  the  fiduciary  of  the decedent's estate in
 accordance with section eighteen hundred eleven of the surrogate's court
 procedure act. NOTWITHSTANDING THE PROVISIONS OF THIS PARAGRAPH, A CHIEF
 FISCAL OFFICER OF A COUNTY OR A PUBLIC ADMINISTRATOR,  WHEN  HAVING  THE
 RIGHT  TO CONTROL THE  DISPOSITION  OF  THE  REMAINS  OF  SUCH  DECEDENT
 PURSUANT TO THIS SECTION AND ACTING REASONABLY AND IN GOOD  FAITH,  MAY,
 WITHOUT  CIVIL  LIABILITY, SELECT CREMATION OR NATURAL ORGANIC REDUCTION
 AS THE  METHOD  OF  DISPOSITION  FOR  A  DECEDENT  WHERE  THE  FINANCIAL
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD11576-02-5
 S. 7457--A                          2
 
 RESOURCES  OF SUCH DECEDENT ARE LIMITED AND SUCH DISPOSITION IS SELECTED
 WITH THE REASONABLE BELIEF THAT THE METHOD IS CONSISTENT WITH THE  RELI-
 GIOUS  PRACTICES  OF  THE  DECEDENT, PROVIDED, THAT (I) NO PERSON HAVING
 HIGHER  PRIORITY PURSUANT TO THIS SUBDIVISION HAS CLAIMED THE REMAINS OF
 THE DECEDENT WITHIN NINETY DAYS OF THEIR  DEATH,  OR  (II)  SUCH  PERSON
 HAVING PRIORITY IS KNOWN AND HAS RELINQUISHED THEIR RIGHT TO CONTROL THE
 DECEDENT'S FINAL DISPOSITION.
   § 2. This act shall take effect immediately.

2025-S7457B (ACTIVE) - Details

See Assembly Version of this Bill:: A7894
Current Committee:: Senate Rules
Law Section:: Public Health Law
Laws Affected:: Amd §4201, Pub Health L

2025-S7457B (ACTIVE) - Summary

2025-S7457B (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S7457B

SPONSOR: RIVERA
 
TITLE OF BILL:

An act to amend the public health law, in relation to permitting the use
of cremation or natural organic reduction as the method of disposition
for certain decedents

 
PURPOSE:

To facilitate the selection of cremation or natural organic reduction as
a method of disposition by local officials acting as public administra-
tors for individuals who die without any financial resources or survi-
vors.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 amends Paragraph (c) of Subsection (2) of Section 4201 of the
Public Health Law by adding language that would strengthen civil liabil-
ity protections and permit local officials acting in their official
capacity as public administrators in good faith to control the disposi-

tion of remains. This bill would also permit local officials and public
administrators to select cremation or natural organic reduction as a
method of final disposition for individuals who die without any finan-
cial resources, and with reasonable belief that such method is consist-
ent with the religious practices of the decedent, provided that no
survivors have claimed the body within 90 days of the decedent's death,
or such survivors have voluntarily given up their right to control the
decedent's final disposition. If cremation or natural organic reduction
is selected as the method of disposition a public notice must be issued
and 45 days must pass before proceeding with either method. The 45 day
period may run concurrently with the 90 day period.

Section 2 provides an immediate effective date.

 
JUSTIFICATION:

The State's landmark Final Disposition Law was enacted in 2006-07 to
allow a person to designate someone of their choosing to act as their
legal agent to ensure that their funeral/burial wishes are carried out
after their death. The law also provided a hierarchy in listing which
persons, in descending order of priority, had the right to control the
disposition of a decedent in cases when an agent was not named. As coun-
ties are legally charged with ensuring the dignified final disposition
of individuals who pass away without any financial resources, chief
fiscal officers/public administrators are listed, so they may serve as
the person in control of the final disposition for these individuals.

However, the steady and continued rise in cremation as a chosen form of
final disposition has resulted in heightened concern among these county
officials as to whether current law affords them adequate legal
protection when acting in their official capacity to order or authorize
a cremation, given the irreversibility of cremation as a final disposi-
tion process.

This legislation, if enacted, would provide this needed extra level of
legal protection, and in so doing, give these local officials the neces-
sary degree of comfort and confidence when authorizing cremation or the
new process of natural organic reduction as part of their official
duties. The bill also provides that either of these forms of final
disposition may only be authorized if they are consistent with the reli-
gious practices of the decedent, and 1) no person having priority above
the local official has claimed the decedent 90 days after death, or 2) a
person having priority is known but has given up his or her right to
control the disposition.

Enactment of this bill would not only provide the necessary level of
legal protection to county officials as part of their official duties,
but would also ensure that a person's final disposition is carried
through in a seamless and dignified manner.

 
PRIOR LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

Savings to counties in potential legal expenses.

 
EFFECTIVE DATE:
Effective immediately.

2025-S7457B (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7457--B
     Cal. No. 898
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                              April 16, 2025
                                ___________
 
 Introduced  by  Sen.  RIVERA -- read twice and ordered printed, and when
   printed to be committed to the Committee on Health -- reported favora-
   bly from said committee, ordered to first and second  report,  ordered
   to a third reading, amended and ordered reprinted, retaining its place
   in  the order of third reading -- again amended and ordered reprinted,
   retaining its place in the order of third reading
 
 AN ACT
   to amend the public health law, in relation to permitting the  use  of
 cremation  or natural organic reduction as the method of disposition for
 certain decedents
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Paragraph  (c)  of  subdivision  2 of section 4201 of the
 public health law, as amended by chapter 76 of  the  laws  of  2006,  is
 amended and a new paragraph (c-1) is added to read as follows:
   (c)  The  person  in control of disposition, pursuant to this section,
 shall faithfully carry out the directions of the decedent to the  extent
 lawful and practicable, including consideration of the financial capaci-
 ty  of  the  decedent's  estate  and  other resources made available for
 disposition of the remains. The person in control of  disposition  shall
 also  dispose  of  the decedent in a manner appropriate to the moral and
 individual beliefs and wishes of the decedent provided that such beliefs
 and wishes do not conflict with the  directions  of  the  decedent.  The
 person  in  control of disposition may seek to recover any costs related
 to the disposition from  the  fiduciary  of  the  decedent's  estate  in
 accordance with section eighteen hundred eleven of the surrogate's court
 procedure act. NOTWITHSTANDING THE PROVISIONS OF THIS PARAGRAPH, A CHIEF
 FISCAL  OFFICER  OF  A COUNTY OR A PUBLIC ADMINISTRATOR, WHEN HAVING THE
 RIGHT TO CONTROL THE  DISPOSITION  OF  THE  REMAINS  OF  SUCH   DECEDENT
 PURSUANT  TO  THIS SECTION AND ACTING REASONABLY AND IN GOOD FAITH, MAY,
 WITHOUT CIVIL LIABILITY, SELECT CREMATION OR NATURAL  ORGANIC  REDUCTION
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD11576-06-5
 S. 7457--B                          2
 
 AS  THE  METHOD  OF  DISPOSITION  FOR  A  DECEDENT  WHERE  THE FINANCIAL
 RESOURCES OF SUCH DECEDENT ARE LIMITED AND SUCH DISPOSITION IS  SELECTED
 WITH  THE REASONABLE BELIEF THAT THE METHOD IS CONSISTENT WITH THE RELI-
 GIOUS  PRACTICES  OF  THE  DECEDENT, PROVIDED, THAT (I) NO PERSON HAVING
 HIGHER PRIORITY PURSUANT TO THIS SUBDIVISION HAS CLAIMED THE REMAINS  OF
 THE  DECEDENT  WITHIN  NINETY  DAYS  OF THEIR DEATH, OR (II) SUCH PERSON
 HAVING PRIORITY IS KNOWN AND HAS RELINQUISHED THEIR RIGHT TO CONTROL THE
 DECEDENT'S FINAL DISPOSITION.
   (C-1) IF CREMATION OR NATURAL ORGANIC REDUCTION  IS  SELECTED  AS  THE
 METHOD  OF  DISPOSITION  BY  THE  CHIEF  FISCAL OFFICER OF A COUNTY OR A
 PUBLIC ADMINISTRATOR, THEN SUCH CHIEF FISCAL ADMINISTRATOR OF  A  COUNTY
 OR  A  PUBLIC ADMINISTRATOR SHALL ISSUE A PUBLIC NOTICE OF THE SELECTION
 AND ALLOW FORTY-FIVE DAYS  BEFORE  PROCEEDING.    SUCH  NOTICE  MAY  RUN
 CONCURRENTLY  WITH  THE  NINETY  DAYS  STIPULATED BY SUBPARAGRAPH (I) OF
 PARAGRAPH (C) OF THIS SUBDIVISION.
   § 2. This act shall take effect immediately.

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Senate Bill S7457B

Sponsored By

Current Bill Status - In Senate Committee Rules Committee

Actions

Votes

Apr 29, 2025 - Health Committee Vote

Health Committee Vote: Apr 29, 2025

Bill Amendments

2025-S7457 - Details

2025-S7457 - Summary

2025-S7457 - Sponsor Memo

2025-S7457 - Bill Text download pdf

2025-S7457A - Details

2025-S7457A - Summary

2025-S7457A - Sponsor Memo

2025-S7457A - Bill Text download pdf

2025-S7457B (ACTIVE) - Details

2025-S7457B (ACTIVE) - Summary

2025-S7457B (ACTIVE) - Sponsor Memo

2025-S7457B (ACTIVE) - Bill Text download pdf

Comments

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Senate Bill S7457B

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Sponsored By

Gustavo Rivera

Current Bill Status - In Senate Committee Rules Committee

Actions

Votes

Bill Amendments

2025-S7457 - Details

2025-S7457 - Summary

2025-S7457 - Sponsor Memo

2025-S7457 - Bill Text download pdf

2025-S7457A - Details

2025-S7457A - Summary

2025-S7457A - Sponsor Memo

2025-S7457A - Bill Text download pdf

2025-S7457B (ACTIVE) - Details

2025-S7457B (ACTIVE) - Summary

2025-S7457B (ACTIVE) - Sponsor Memo

2025-S7457B (ACTIVE) - Bill Text download pdf

Comments