Bill Text: NY A08553 | 2023-2024 | General Assembly | Introduced

New York Assembly Bill 8553

Introduced

Bill Title: Relates to the controlling disposition of a decedent's remains; adds domestic partners and removes grandparents, aunts, uncles, cousins, nieces or nephews from having such controlling interest.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-01-23 - substituted by s8057 [A08553 Detail]

Download: New_York-2023-A08553-Introduced.html




                STATE OF NEW YORK
        ________________________________________________________________________

                                          8553

                   IN ASSEMBLY

                                     January 8, 2024
                                       ___________

        Introduced  by  M.  of  A.  BRAUNSTEIN  -- read once and referred to the
          Committee on Health

        AN ACT to amend the public health law, in relation  to  the  controlling
          disposition of a decedent's remains

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Paragraph (a) of subdivision  1  of  section  4174  of  the
     2  public  health law, as amended by a chapter of the laws of 2023 amending
     3  the public health law relating to death  certificates,  as  proposed  in
     4  legislative  bills  numbers S. 6815 and A. 6180-A, is amended to read as
     5  follows:
     6    (a) upon request, issue to any applicant either a certified copy or  a
     7  certified  transcript  of  the  record of any death registered under the
     8  provisions of this chapter (1) when a documented medical need  has  been
     9  demonstrated,  (2)  when a documented need to establish a legal right or
    10  claim has been demonstrated, (3) when needed for medical  or  scientific
    11  research  approved  by the commissioner, (4) when needed for statistical
    12  or epidemiological purposes  approved  by  the  commissioner,  (5)  upon
    13  specific request by municipal, state or federal agencies for statistical
    14  or  official  purposes,  (6)  upon specific request of the agent charged
    15  with controlling disposition of  a  decedent's  remains,  as  designated
    16  pursuant  to  subdivision three of section four thousand two hundred one
    17  of this chapter, spouse, domestic [partner] partners as defined in para-
    18  graph (c) of subdivision one of section four thousand two hundred one of
    19  this chapter, children,  siblings  or,  parents[,  grandparents,  aunts,
    20  uncles, cousins, nieces or nephews] of the deceased or the lawful repre-
    21  sentative  of  such  persons, or (7) pursuant to the order of a court of
    22  competent jurisdiction on a showing of necessity;  except  no  certified
    23  copy  or  certified  transcript  of  a  death record shall be subject to
    24  disclosure under article six of the public officers law;
    25    § 2. This act shall take effect on the  same  date  and  in  the  same
    26  manner  as  a chapter of the laws of 2023 amending the public health law
    27  relating to death certificates, as proposed in legislative bills numbers
    28  S. 6815 and A. 6180-A, takes effect.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10401-04-4