S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4529
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 2, 2017
                                ___________
 
 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.
   § 2. The public health law is amended by adding a new article 43-C  to
 read as follows:
                               ARTICLE 43-C
                     COMMERCIAL DISPLAY OF HUMAN REMAINS
 SECTION 4380. DEFINITIONS.
         4381. COMMERCIAL DISPLAY OF HUMAN REMAINS.
         4382. PERMIT.
         4383. APPLICATION.
   §  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.
                                                            LBD02529-01-7

 A. 4529                             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.
   §  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 FIVE THOUSAND DOLLARS FOR EACH
 VIOLATION.
   § 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.
   §  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.
   § 3. This act shall take effect on the ninetieth day  after  it  shall
 have  become  a law. Effective immediately the commissioner 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.