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| 1 | 1 | <STYLE><!--U {color: Green}S {color: RED} I {color: DARKBLUE; background-color:yellow} P.brk {page-break-before:always}--></STYLE> <BASEFONT SIZE=3> <PRE WIDTH="94"> <FONT SIZE=5><B> STATE OF NEW YORK</B></FONT> ________________________________________________________________________ 7457 2025-2026 Regular Sessions <FONT SIZE=5><B> IN SENATE</B></FONT> April 16, 2025 ___________ Introduced by Sen. RIVERA -- read twice and ordered printed, and when printed to be committed to the Committee on Health AN ACT to amend the public health law, in relation to permitting the use of cremation or natural organic reduction as the method of disposition for certain decedents <B><U>The People of the State of New York, represented in Senate and Assem-</U></B> <B><U>bly, do enact as follows:</U></B> 1 Section 1. Paragraph (c) of subdivision 2 of section 4201 of the 2 public health law, as amended by chapter 76 of the laws of 2006, is 3 amended to read as follows: 4 (c) The person in control of disposition, pursuant to this section, 5 shall faithfully carry out the directions of the decedent to the extent 6 lawful and practicable, including consideration of the financial capaci- 7 ty of the decedent's estate and other resources made available for 8 disposition of the remains. The person in control of disposition shall 9 also dispose of the decedent in a manner appropriate to the moral and 10 individual beliefs and wishes of the decedent provided that such beliefs 11 and wishes do not conflict with the directions of the decedent. The 12 person in control of disposition may seek to recover any costs related 13 to the disposition from the fiduciary of the decedent's estate in 14 accordance with section eighteen hundred eleven of the surrogate's court 15 procedure act<B><U>. Notwithstanding the provisions of this paragraph, a chief</U></B> 16 <B><U>fiscal officer of a county or a public administrator, when having the</U></B> 17 <B><U>right to control the disposition of the remains of such decedent</U></B> 18 <B><U>pursuant to this section and acting reasonably and in good faith, may,</U></B> 19 <B><U>without civil liability, select cremation or natural organic reduction</U></B> 20 <B><U>as the method of disposition for a decedent where the financial</U></B> 21 <B><U>resources of such decedent are limited and such disposition is selected</U></B> 22 <B><U>with the reasonable belief that the method is consistent with the reli-</U></B> 23 <B><U>gious practices of the decedent, provided, that (i) no person having</U></B> 24 <B><U>higher priority pursuant to this subdivision has claimed the remains of</U></B> EXPLANATION--Matter in <B><U>italics</U></B> (underscored) is new; matter in brackets [<B><S> </S></B>] is old law to be omitted. LBD11576-01-5 </PRE><P CLASS="brk"><PRE WIDTH="94"> S. 7457 2 1 <B><U>the decedent within thirty days of their death, or not exceeding ninety</U></B> 2 <B><U>days if established by a county at its option, or (ii) such person</U></B> 3 <B><U>having priority is known and has relinquished their right to control the</U></B> 4 <B><U>decedent's final disposition</U></B>. 5 § 2. This act shall take effect immediately. |