S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4730
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 5, 2021
                                ___________
 
 Introduced  by M. of A. SMITH -- read once and referred to the Committee
   on Election Law
 
 AN ACT to amend the election law and the public health law, in  relation
   to requiring funeral directors to deliver death certificates
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Subdivision 1 of section 5-708  of  the  election  law,  as
 amended  by  chapter  476  of  the  laws  of 2002, is amended to read as
 follows:
   1. It shall be the duty of ALL  FUNERAL  DIRECTORS  TO  DELIVER  DEATH
 CERTIFICATES TO the state health department and the department of health
 of  the  city  of  New York [to], WHO SHALL IN TURN deliver to the state
 board of elections, at least monthly, records, in a format  as  mutually
 determined  by  both agencies, of the names of all persons of voting age
 for whom death certificates were issued. Such records shall be  arranged
 by county of residence and shall include the name, residence address and
 birth  date  of  each  such person. EACH COUNTY BOARD OF ELECTIONS SHALL
 SUBSEQUENTLY ENSURE THAT ANY DECEDENT REGISTERED TO VOTE SHALL  PROMPTLY
 BE REMOVED FROM ENROLLMENT.
   §  2.  Subdivisions  (c),  (d)  and  (e) of section 4142 of the public
 health law, subdivision (e) as added by chapter 352 of the laws of 2013,
 are amended and a new subdivision (f) is added to read as follows:
   (c) state the facts required on the certificate of death  relative  to
 the  date  and place of burial, cremation or removal, over his signature
 and with his address; [and,]
   (d) prior to the disposition of the remains, file the  certificate  of
 death  with the registrar of the district in which the death occurred as
 provided in section four thousand one hundred forty of this article[.];
   (e) notwithstanding any contrary provisions of law as may be set forth
 in this section, commencing on or after the  implementation  date  under
 section  forty-one  hundred  forty-eight  of this title, information and
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD06849-01-1

 A. 4730                             2
 
 signatures required by this subdivision shall be obtained  and  made  in
 accordance  with section forty-one hundred forty-eight of this title[.];
 AND
   (F)  PRESENT  THE  CERTIFICATE PROMPTLY TO THE STATE HEALTH DEPARTMENT
 AND THE DEPARTMENT OF HEALTH OF THE CITY OF NEW YORK, WHO SHALL IN  TURN
 DELIVER   DEATH  CERTIFICATES  TO  THE  STATE  BOARD  OF  ELECTIONS,  AS
 PRESCRIBED BY SECTION 5-708 OF THE ELECTION LAW.  SUCH RECORDS SHALL  BE
 ARRANGED  BY  COUNTY  OF RESIDENCE AND SHALL INCLUDE THE NAME, RESIDENCE
 ADDRESS AND BIRTH DATE OF EACH DECEASED PERSON.  EACH  COUNTY  BOARD  OF
 ELECTIONS  SHALL SUBSEQUENTLY ENSURE THAT ANY DECEASED PERSON REGISTERED
 TO VOTE SHALL PROMPTLY BE REMOVED FROM ENROLLMENT.
   § 3. This act shall take effect on the ninetieth day  after  it  shall
 have become a law.