NY State Senate Bill 2011-S1130

Archive: Last 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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 04, 2012	referred to health
Jan 05, 2011	referred to health

2011-S1130 (ACTIVE) - Details

Current Committee:: Senate Health
Law Section:: Public Health Law
Laws Affected:: Add Art 43-D §§4380 - 4383, Pub Health L
Versions Introduced in 2009-2010 Legislative Session:: S5169

2011-S1130 (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, or in the possession of a museum facility.

2011-S1130 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S1130

TITLE OF BILL:
An act
to amend the public health law, in relation to the commercial display of
human remains

PURPOSE:
To require a permit issued by the Health
Department if human remains are to be displayed for a commercial purpose
such as a museum or art exhibit.

SUMMARY OF PROVISIONS:
Section 1: Legislative
findings. This bill is necessary to protect public health and ensure
that when human remains are displayed for commercial purposes that the
remains are lawfully obtained.

Section 2: Adds a new section 43-D of the Public Health Law, relating to
Commercial Display of Human Remains, which includes the following:

* Definition of terms.

*Prohibits the display of human remains for commercial purposes without
first obtaining a permit from the Department of Health.

*Provides that the displays of human remains that meet any of the
following criteria are exempt from the permit process: more than one
hundred years old; consisting solely of teeth or hair; part of a funeral
or memorial service: an object of religious veneration; in the
possession of a museum facility; consisting of bodies for display prior
to the effective date.

*Imposes a civil penalty not exceeding ten thousand dollars for each
violation.

Section 3: Effective date.

JUSTIFICATION:
Recently, an exhibit which displays
plasticized bodies has been touring the country. The exhibit displays
bodies that have been embalmed using a special process which permits the
body to retain its shape and size. The bodies are displayed with the
skin and some bones removed so that the human anatomy may be observed in
different stages and different positions. Although the exhibit is
considered educational and interesting entertainment by many, a question
has arose about the origin of these bodies. While Article 43 of the
Public Health Law regulates anatomical gifts, this law did not
anticipate the display of human remains for commercial purposes.
Therefore, this bill is necessary to ensure that the public health is
protected and that the commercial display of human remains does not
create new incentives for the theft of improper procurement of such
remains. This bill requires that anyone wishing to exhibit human remains
for commercial purposes in New York State apply for a permit through the
Department of Health which would require the applicant to show a valid
authorization for possession and display of each body. This law would


ensure that each body displayed for commercial purposes is legally
obtained. Also, the bill would insure that regulations involving
anatomical gifts have been followed.

LEGISLATIVE HISTORY:
2010:  S.5169   Referred to Health
       A.412    Referred to Health
2008:  S.7000A  Passed Senate;
       A.10571A Referred to Health

FISCAL IMPACT ON THE STATE:
Not yet determined.

EFFECTIVE DATE:
This act shall take effect on the
ninetieth day after it shall become law; provided, however, that
effective immediately the commissioner of the department of health is
authorized to promulgate any and all rules and regulations and take any
other measures necessary to implement this act on its effective date, on
or before such date.

2011-S1130 (ACTIVE) - Bill Text download pdf

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

                                  1130

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             January 5, 2011
                               ___________

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.
  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:
  1. "COMMERCIAL PURPOSES" MEANS EITHER:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02174-02-1

S. 1130                             2

  (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 BY THE AMERICAN ASSOCIATION OF MUSEUMS OR IS A PART
OF AN ACCREDITED COLLEGE OR UNIVERSITY,  AND  THAT  IS  ORGANIZED  ON  A
PERMANENT  BASIS  FOR  ESSENTIALLY EDUCATIONAL OR AESTHETIC PURPOSES AND
THAT OWNS OR USES TANGIBLE OBJECTS, CARES FOR THOSE OBJECTS, AND  EXHIB-
ITS 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.

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Senate Bill S1130

Sponsored By

Archive: Last Bill Status - In Senate Committee Health Committee

2011-S1130 (ACTIVE) - Details

2011-S1130 (ACTIVE) - Summary

2011-S1130 (ACTIVE) - Sponsor Memo

2011-S1130 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S1130

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Sponsored By

Kevin S. Parker

Archive: Last Bill Status - In Senate Committee Health Committee

2011-S1130 (ACTIVE) - Details

2011-S1130 (ACTIVE) - Summary

2011-S1130 (ACTIVE) - Sponsor Memo

2011-S1130 (ACTIVE) - Bill Text download pdf

Comments