S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   412

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2009
                               ___________

Introduced by M. of A. KAVANAGH -- read once and referred to the Commit-
  tee 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.
  S 2. The public health law is amended by adding a new article 43-D  to
read as follows:
                              ARTICLE 43-D
                    COMMERCIAL DISPLAY OF HUMAN REMAINS
SECTION 4380. DEFINITIONS.
        4381. COMMERCIAL DISPLAY OF HUMAN REMAINS.
        4382. PERMIT.
        4383. APPLICATION.
  S  4380.  DEFINITIONS.  AS  USED  IN THIS ARTICLE, THE FOLLOWING TERMS
SHALL HAVE THE FOLLOWING MEANINGS:
              

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01032-01-9

A. 412                              2

  1. "COMMERCIAL PURPOSES" MEANS EITHER:
  (A) A DISPLAY FOR WHICH THE PUBLIC IS CHARGED A FEE OR OTHER CONSIDER-
ATION AS A CONDITION OF VIEWING; OR
  (B)  A DISPLAY FOR WHICH AN EXHIBITOR ACCEPTS PAYMENT OR OTHER CONSID-
ERATION.
  2.  "EXHIBITOR" MEANS A PERSON OR ENTITY WHO  SHOWS  OR  PUTS  ON,  OR
CONTRACTS  TO  SHOW  OR  PUT  ON,  A  TEMPORARY  PUBLIC DISPLAY OF HUMAN
REMAINS.
  3. "MUSEUM FACILITY" MEANS A PUBLIC OR PRIVATE  NONPROFIT  INSTITUTION
THAT  IS  ACCREDITED THE AMERICAN ASSOCIATION OF MUSEUMS OR IS A PART OF
AN ACCREDITED COLLEGE OR UNIVERSITY, AND THAT IS ORGANIZED ON  A  PERMA-
NENT  BASIS  FOR  ESSENTIALLY EDUCATIONAL OR AESTHETIC PURPOSES AND THAT
OWNS OR USES TANGIBLE OBJECTS, CARES FOR  THOSE  OBJECTS,  AND  EXHIBITS
THEM TO THE GENERAL PUBLIC ON A REGULAR BASIS.
  S  4381. COMMERCIAL DISPLAY OF HUMAN REMAINS. 1. EXCEPT AS PROVIDED IN
SUBDIVISION TWO OF THIS  SECTION,  A  PERSON  SHALL  NOT  DISPLAY  HUMAN
REMAINS  TO THE PUBLIC FOR COMMERCIAL PURPOSES WITHOUT FIRST OBTAINING A
PERMIT ISSUED BY THE  DEPARTMENT  AS  REQUIRED  BY  SECTION  FORTY-THREE
HUNDRED EIGHTY-TWO OF THIS ARTICLE.
  2.  SUBDIVISION  ONE  OF  THIS SECTION SHALL NOT APPLY TO A DISPLAY OF
HUMAN REMAINS THAT IS ANY OF THE FOLLOWING:
  (A) MORE THAN ONE HUNDRED YEARS OLD;
  (B) CONSISTING SOLELY OF HUMAN TEETH OR HAIR;
  (C) PART OF THE ORDINARY DISPLAY OR  VIEWING  OF  THE  DECEASED  AT  A
FUNERAL ESTABLISHMENT OR PART OF A SIMILAR FUNERAL OR MEMORIAL SERVICE;
  (D) AN OBJECT OF RELIGIOUS VENERATION;
  (E)  CONSISTING SOLELY OF BODIES TRANSPORTED INTO AND REMAINING IN THE
STATE FOR DISPLAY PRIOR TO THE EFFECTIVE DATE OF THIS SECTION; OR
  (F) IN THE POSSESSION OF A MUSEUM FACILITY.
  HOWEVER, IF THE MUSEUM FACILITY PAID OR OFFERED OTHER CONSIDERATION TO
AN EXHIBITOR TO DISPLAY THE REMAINS, AND THE REMAINS ARE NOT EXEMPT FROM
THIS SECTION PURSUANT TO PARAGRAPHS (A) THROUGH (D) OF THIS SUBDIVISION,
THE EXHIBITOR SHALL BE REQUIRED TO OBTAIN A PERMIT PURSUANT  TO  SECTION
FORTY-THREE HUNDRED EIGHTY-TWO OF THIS ARTICLE.
  3.  ANY  PERSON  WHO VIOLATES THIS SECTION SHALL BE SUBJECT TO A CIVIL
PENALTY OF AN AMOUNT THAT DOES NOT EXCEED TEN THOUSAND DOLLARS FOR  EACH
VIOLATION.
  S  4382. PERMIT. THE DEPARTMENT SHALL ESTABLISH A PERMIT PROGRAM UNDER
THIS ARTICLE. A PERMIT MAY BE ISSUED  TO  ANY  PERSON  FOR  THE  PURPOSE
DESCRIBED IN SECTION FORTY-THREE HUNDRED EIGHTY-ONE OF THIS ARTICLE ONLY
UPON  A  DETERMINATION  BY  THE  DEPARTMENT THAT THE PERSON HAS PROVIDED
VALID WRITTEN AUTHORIZATION TO DISPLAY HUMAN REMAINS  FOR  CONSIDERATION
FROM ANY OF THE FOLLOWING INDIVIDUALS:
  1. THE DECEDENT, INCLUDING, BUT NOT LIMITED TO, AUTHORIZATION GIVEN BY
WILL;
  2.  ANY  PERSON  AUTHORIZED  TO  MAKE AN ANATOMICAL GIFT UNDER ARTICLE
FORTY-THREE OF THIS CHAPTER.
  S 4383. APPLICATION. NOTHING IN THIS ARTICLE  SHALL  BE  CONSTRUED  TO
APPLY  TO  THE  UTILIZATION  OF HUMAN REMAINS IN A MANNER THAT MEETS THE
PURPOSES SET FORTH IN ARTICLE FORTY-THREE OF THIS  CHAPTER  RELATING  TO
ANATOMICAL GIFTS.
  S  3.  This  act shall take effect on the ninetieth day after it shall
have become a law. Effective immediately the commissioner of the depart-
ment of health is authorized to promulgate any and all rules  and  regu-
lations  and  take any other measures necessary to implement this act on
its effective date, on or before such date.