Assembly Bill A7894

2025-2026 Legislative Session

Relates to the selection of the method of disposition of remains of a decedent by a chief fiscal officer of a county or a public administrator

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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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2025-A7894 (ACTIVE) - Details

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

2025-A7894 (ACTIVE) - Summary

Permits a chief fiscal officer of a county or a public administrator, when having the right to control the disposition of the remains of a decedent and acting reasonably and in good faith, to select cremation or natural organic reduction as the method of final disposition of such decedent under certain circumstances.

2025-A7894 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7894
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              April 11, 2025
                                ___________
 
 Introduced by M. of A. PAULIN -- read once and referred to the Committee
   on Health
 
 AN  ACT  to amend the public health law, in relation to the selection of
   the method of disposition of remains of a decedent by a  chief  fiscal
   officer of a county or a public administrator

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Paragraph (c) of subdivision  2  of  section  4201  of  the
 public  health  law,  as  amended  by chapter 76 of the laws of 2006, is
 amended to read as follows:
   (c) The person in control of disposition, pursuant  to  this  section,
 shall  faithfully carry out the directions of the decedent to the extent
 lawful and practicable, including consideration of the financial capaci-
 ty of the decedent's estate  and  other  resources  made  available  for
 disposition  of  the remains. The person in control of disposition shall
 also dispose of the decedent in a manner appropriate to  the  moral  and
 individual beliefs and wishes of the decedent provided that such beliefs
 and  wishes  do  not  conflict  with the directions of the decedent. The
 person in control of disposition may seek to recover any  costs  related
 to  the  disposition  from  the  fiduciary  of  the decedent's estate in
 accordance with section eighteen hundred eleven of the surrogate's court
 procedure act.   NOTWITHSTANDING THE PROVISIONS  OF  THIS  PARAGRAPH,  A
 CHIEF  FISCAL OFFICER OF A COUNTY OR A PUBLIC ADMINISTRATOR, WHEN HAVING
 THE RIGHT TO CONTROL THE DISPOSITION OF THE  REMAINS  OF  SUCH  DECEDENT
 PURSUANT  TO  THIS SECTION AND ACTING REASONABLY AND IN GOOD FAITH, MAY,
 WITHOUT CIVIL LIABILITY, SELECT CREMATION OR NATURAL  ORGANIC  REDUCTION
 AS  THE  METHOD  OF DISPOSITION FOR SUCH DECEDENT. SUCH SELECTION MAY BE
 WHERE THE FINANCIAL RESOURCES OF SUCH  DECEDENT  ARE  LIMITED  AND  SUCH
 DISPOSITION  IS SELECTED WITHIN THE REASONABLE BELIEF THAT THE METHOD IS
 CONSISTENT WITH THE RELIGIOUS PRACTICES OF THE DECEDENT, PROVIDED HOWEV-
 ER, THAT (I) NO PERSON HAVING HIGHER PRIORITY UNDER THIS SUBDIVISION HAS
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10813-01-5

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