Amd §4174, Pub Health L (as proposed in S.6815 & A.6180-A)
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.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A8553
SPONSOR: Braunstein TITLE OF BILL:
An act to amend the public health law, in relation to the controlling
disposition of a decedent's remains
PURPOSE:
To amend which individuals may request a certified copy or a certified
transcript of a death certificate.
SUMMARY OF PROVISIONS:
This bill amends Chapter 744 of the Laws of 2023 by adding a citation to
clarify who qualifies as a domestic partner for the purposes of request-
ing a certified death certificate. The changes also remove extended
family members including grandparents and cousins from parties eligible
to request certified death certificates.
JUSTIFICATION:
Except for New York City, which has its own vital records system, certi-
fied copies of NYS death certificates may be obtained from either the
Bureau of Vital Records of the NYS Department of Health (DOH) or from a
local registrar of the municipality where a death occurred. State law
Currently provides that the only individuals eligible to get a copy of a
NYS death certificate are the spouse, parent, child or sibling of the
deceased , or their lawful representative. Any other individual - even
if related to the deceased - must document a "lawful right or claim", a
medical need or possess a New York State court order. Such restrictions
place an undue burden on a deceased's family member, who would otherwise
be eligible to obtain a copy of a death certificate, by putting them
through unnecessary administrative burdens at a time when they are
already undergoing the loss of a relative. This bill ensures that domes-
tic partners of deceased individuals are able to request and obtain a
certified death certificate by the Bureau of Vital Records of the NYS
DOH. The removals of extended family members was due to a fiscal impli-
cation, not considered in the SFY23-24 budget cycle. The removals are
also intended to allow the Bureau of Vital Record s to conduct a modern-
ization of their databases, including their verification processes and
process for filing corrections. This will allow for the Bureau to work
down their current backlog and enable more individuals to request death
certificates in the future.
LEGISLATIVE HISTORY:
This is a new bill.
BUDGET IMPLICATIONS:
None noted.
EFFECTIVE DATE:
This act shall take effect on the same date and in the same manner as a
chapter of the laws of 2023 amending the public health law 5 relating to
death certificates, as proposed in legislative bills numbers 6 S. 6815
and A. 6180-A, takes effect.
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
