Senate Bill S9930A

                                 
BILL NUMBER: S9930A

SPONSOR: SUTTON
 
TITLE OF BILL:

An act to amend the public health law, in relation to enacting the
"Sacred Burial Law" facilitating the handling of certain unclaimed
bodies

 
PURPOSE:

The purpose of this bill is to ensure that unclaimed bodies of individ-
uals known to be of Jewish or Muslim descent are handled in a manner
consistent with their religious traditions, by requiring notification of
appropriate religious organizations prior to final disposition and
providing an opportunity for such organizations to arrange and fund
burial.

 
SUMMARY OF PROVISIONS:

Section 1 establishes the short title of the act as the "Sacred Burial
Law."
              

Section 2 adds a new section 4211-a to the Public Health Law. It
requires that, prior to the final disposition of an unclaimed body,
where the deceased is known to be of Jewish or Muslim descent, the
person or entity in lawful possession of the body must contact desig-
nated religious organizations to determine whether they are willing to
assume responsibility for burial.

For individuals of Jewish descent, the bill identifies Misaskim, Chesed
Shel Eines, and the Hebrew Free Burial Association. For individuals of
Muslim descent, the bill identifies Janazah Community Funeral Services.
Successor organizations are included.

If such an organization agrees to assume responsibility, the body shall
be delivered to that organization for burial.

The bill further requires that no unclaimed human remains be buried,
cremated, or otherwise finally disposed of unless such remains have
first been entered into the National Missing and Unidentified Persons
System (NamUs), or any successor database, in accordance with applicable
procedures.

The bill preserves any prior written directives of the deceased, includ-
ing anatomical gifts pursuant to Article 43 of the Public Health Law.

Section 3 provides that the act shall take effect on the ninetieth day
after it becomes law.

 
JUSTIFICATION:

Current law permits the disposition of unclaimed bodies without a
uniform requirement to account for the known religious identity of the
deceased. For individuals of certain faiths, including Judaism and
Islam, burial practices are of central religious importance, and crema-
tion or other forms of disposition may be strictly prohibited.


At the same time, established religious organizations exist that are
prepared to provide dignified burial services consistent with these
traditions, often at no cost to the government. However, absent a statu-
tory requirement, these organizations may not be notified prior to final
disposition.

The "Sacred Burial Law" creates a clear and respectful framework to
ensure that, where the religious identity of the deceased is known,
appropriate organizations are contacted and given the opportunity to
assume responsibility for burial. This promotes dignity for the
deceased, respects religious practices, and may reduce public costs
associated with final disposition.

Additionally, the requirement that unclaimed remains be entered into the
National Missing and Unidentified Persons System (NamUs) prior to final
disposition ensures that reasonable efforts are made to identify the
deceased and locate next of kin. This enhances transparency, account-
ability, and the likelihood of identification before irreversible
actions are taken.

The bill is narrowly tailored. It applies only where religious identity
is known, imposes no obligation on religious organizations to act, and
preserves any prior written directives of the deceased, including
anatomical gifts. By balancing respect for religious practices with
existing legal protections, this legislation advances both dignity and
due process in the handling of unclaimed bodies.

 
LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPACT ON THE STATE:

Potential cost savings to local governments where burial expenses are
assumed by private religious organizations.

 
EFFECTIVE DATE:
This act shall take effect on the ninetieth day after it shall have
become a law.