STATE OF NEW YORK ________________________________________________________________________ 2733 2023-2024 Regular Sessions IN ASSEMBLY January 27, 2023 ___________ Introduced by M. of A. J. A. GIGLIO -- read once and referred to the Committee on Health AN ACT to amend the public health law, in relation to requiring each certificate of death to also be filed with the board of elections The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 4140 of the public health law, subdivision 1 as 2 amended by chapter 352 of the laws of 2013 and subdivision 3 as amended 3 by chapter 476 of the laws of 2002, is amended to read as follows: 4 § 4140. Deaths; registration. 1. The death of each person who has died 5 in this state shall be registered immediately and not later than seven- 6 ty-two hours after death or the finding of a dead human body, by filing 7 with the registrar of the district in which the death occurred or the 8 body was found a certificate of such death, in a manner and format as 9 prescribed by the commissioner, which shall include through electronic 10 means in accordance with section forty-one hundred forty-eight of this 11 title. 12 2. When a registrar files a certificate of death under subdivision one 13 of this section, such registrar shall also file a certificate of death 14 with the board of elections for the county in which the registrar is 15 appointed in a manner prescribed by such board of elections. The 16 registrar shall also mail a copy of the death certificate to the depart- 17 ment and the board of elections in the county in which the person 18 resided at the time of death. 19 3. If the certificate of death is properly executed and complete, the 20 registrar of the district in which the death occurred shall then issue a 21 burial or removal permit to the funeral director or undertaker. In case 22 the death occurred from a disease which is designated in the sanitary 23 code as a communicable disease, no permit for the removal or other 24 disposition of the body shall be issued by the registrar, except to a 25 funeral director or undertaker licensed in accordance with the EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD07233-01-3
A. 2733 2 1 provisions of this chapter, under such conditions as may be prescribed 2 in the sanitary code. 3 [3.] 4. The commissioner and the department of health of the city of 4 New York shall deliver to the state board of elections, at least month- 5 ly, records in a format as mutually determined by both agencies, of the 6 names of all persons of voting age for whom death certificates were 7 issued. Such records shall be arranged by county of residence and shall 8 include the name, residence address and birth date of each such person. 9 § 2. This act shall take effect on the thirtieth day after it shall 10 have become a law.