Bill Text: NY A08028 | 2023-2024 | General Assembly | Introduced

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Bill Title: 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.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-01-03 - referred to health [A08028 Detail]

Download: New_York-2023-A08028-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          8028

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                   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:

     1    Section  1. Section 4201 of the public health law is amended by adding
     2  a new subdivision 12 to read as follows:
     3    12. If the remains of a decedent in the possession of  an  undertaker,
     4  administrator, executor, authorized representative of a deceased person,
     5  corporation,  company or association, or other person having in his, her
     6  or its lawful possession such remains are  not  acted  upon  within  one
     7  hundred  twenty  days of receipt of such remains due to a lack of burial
     8  or other disposition plan made by the person in control of  disposition,
     9  pursuant  to  paragraph  (a)  of  subdivision  two of this section, such
    10  remains shall be considered "abandoned".  In such case, the  undertaker,
    11  administrator, executor, authorized representative of a deceased person,
    12  corporation,  company or association, or other person having in his, her
    13  or its lawful possession such remains, may dispose of such remains using
    14  traditional disposal methods  such  as  burial,  cremation,  or  natural
    15  organic  reduction.  A record of such disposition shall be made and kept
    16  by the person making such disposition. Upon disposing of such remains in
    17  the manner prescribed above, such person shall be  discharged  from  any
    18  legal  obligation  or  liability  to  the authorizing agent or any other
    19  person enumerated under paragraph (a) of subdivision two of this section
    20  in relation to such remains.
    21    § 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