Assembly Bill A8028

2023-2024 Legislative Session

Deems human remains to be abandoned if not acted upon within a certain period of time

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Current Bill Status - In Assembly 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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2023-A8028 (ACTIVE) - Details

Current Committee:
Assembly Health
Law Section:
Public Health Law
Laws Affected:
Amd §4201, Pub Health L

2023-A8028 (ACTIVE) - Summary

Deems human remains to be abandoned if not acted upon within a certain period of time and authorizes the person in possession of such remains to dispose of them.

2023-A8028 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8028
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                            September 13, 2023
                                ___________
 
 Introduced by M. of A. EACHUS -- read once and referred to the Committee
   on Health
 
 AN  ACT  to  amend the public health law, in relation to the disposal of
   human remains which have been deemed abandoned
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section  1. Section 4201 of the public health law is amended by adding
 a new subdivision 12 to read as follows:
   12. IF THE REMAINS OF A DECEDENT IN THE POSSESSION OF  AN  UNDERTAKER,
 ADMINISTRATOR, EXECUTOR, AUTHORIZED REPRESENTATIVE OF A DECEASED PERSON,
 CORPORATION,  COMPANY OR ASSOCIATION, OR OTHER PERSON HAVING IN HIS, HER
 OR ITS LAWFUL POSSESSION SUCH REMAINS ARE  NOT  ACTED  UPON  WITHIN  ONE
 HUNDRED  TWENTY  DAYS OF RECEIPT OF SUCH REMAINS DUE TO A LACK OF BURIAL
 OR OTHER DISPOSITION PLAN MADE BY THE PERSON IN CONTROL OF  DISPOSITION,
 PURSUANT  TO  PARAGRAPH  (A)  OF  SUBDIVISION  TWO OF THIS SECTION, SUCH
 REMAINS SHALL BE CONSIDERED "ABANDONED".  IN SUCH CASE, THE  UNDERTAKER,
 ADMINISTRATOR, EXECUTOR, AUTHORIZED REPRESENTATIVE OF A DECEASED PERSON,
 CORPORATION,  COMPANY OR ASSOCIATION, OR OTHER PERSON HAVING IN HIS, HER
 OR ITS LAWFUL POSSESSION SUCH REMAINS, MAY DISPOSE OF SUCH REMAINS USING
 TRADITIONAL DISPOSAL METHODS  SUCH  AS  BURIAL,  CREMATION,  OR  NATURAL
 ORGANIC  REDUCTION.  A RECORD OF SUCH DISPOSITION SHALL BE MADE AND KEPT
 BY THE PERSON MAKING SUCH DISPOSITION. UPON DISPOSING OF SUCH REMAINS IN
 THE MANNER PRESCRIBED ABOVE, SUCH PERSON SHALL BE  DISCHARGED  FROM  ANY
 LEGAL  OBLIGATION  OR  LIABILITY  TO  THE AUTHORIZING AGENT OR ANY OTHER
 PERSON ENUMERATED UNDER PARAGRAPH (A) OF SUBDIVISION TWO OF THIS SECTION
 IN RELATION TO SUCH REMAINS.
   § 2. This act shall take effect immediately.
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13158-01-3

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