Senate Bill S9930A

                                 
BILL NUMBER: S9930

SPONSOR: SUTTON
 
TITLE OF BILL:

An act to amend the public health law, in relation the handling of
certain unclaimed bodies

 
PURPOSE::

To ensure that, prior to the final disposition of an unclaimed body of a
deceased person known to be of Jewish descent, appropriate religious
organizations are notified and given the opportunity to arrange and fund
a proper burial consistent with religious practices.

 
SUMMARY OF PROVISIONS::

Section 1 adds a new section 4211-a to the Public Health Law. It
requires that, prior to the disposition of an unclaimed body, where the
deceased is known to be of Jewish descent, the person or entity in
lawful possession of the body must contact designated religious organ-
izations, including Misaskim and Chesed Shel Emes, or any successor
              

organizations, to determine whether they are willing to assume responsi-
bility for burial expenses. If such organization agrees, the body shall
be released to that organization for burial.  The bill specifies that
this requirement does not supersede any prior written directives of the
deceased regarding anatomical gifts pursuant to Article 43 of the Public
Health Law.

Section 2 provides that the act shall take effect on the ninetieth day
after it becomes law.

 
JUSTIFICATION::

Under current law, unclaimed bodies may ultimately be disposed of by
local authorities, often through means that may not align with the reli-
gious beliefs of the deceased. For individuals of Jewish descent, burial
is a fundamental religious requirement, and cremation is strictly
prohibited under religious law.

In many cases, religious organizations stand ready and willing to ensure
that such individuals receive a proper and dignified burial at no cost
to the government. However, there is currently no uniform requirement
that these organizations be notified prior to disposition.

This bill establishes a clear and respectful process to ensure that,
where the religious identity of the deceased is known, appropriate
organizations are given the opportunity to assume responsibility.  This
approach preserves human dignity, respects religious practices, and may
reduce public costs associated with burial or cremation.

The bill is narrowly tailored, applying only in cases where the deceased
is known to be of Jewish descent, and explicitly preserves any prior
directives of the deceased, including anatomical gifts. It does not
impose a mandate on religious organizations, but simply provides them
the opportunity to act where they are willing. By formalizing this proc-
ess, the legislation promotes respect for religious customs, ensures
dignified treatment of the deceased, and provides a practical, cost-
conscious solution for handling unclaimed bodies.
 
FISCAL IMPACT ON THE STATE:

Potential cost savings to local governments where burial expenses are
assumed by private religious organizations.

 
LEGISLATIVE HISTORY::

New bill.

 
EFFECTIVE DATE::

This act shall take effect on the ninetieth day after it shall have
become a law.

                                 
BILL NUMBER: S9930B

SPONSOR: SUTTON
 
TITLE OF BILL:

An act to amend the public health law, in relation to the handling of
certain unclaimed remains

 
PURPOSE:

The purpose of this bill is to ensure that unclaimed bodies are to be
listed in the National Missing and Unidentified Persons System

(NamUs) database prior to final disposition.

 
SUMMARY OF PROVISIONS:

Section 1 requires that no unclaimed human remains be buried, cremated
or otherwise finally disposed of unless such remains have first been
entered into the National Missing and Unidentified Persons System
(NamUs), or any successor database, in accordance with applicable proce-
dures.
              

Section 2 provides that the act shall take effect on the ninetieth day
after it becomes law.

 
JUSTIFICATION:

The requirement that unclaimed remains be entered into the National
Missing and Unidentified Persons System (NamUs) prior to final disposi-
tion ensures that reasonable efforts are made to identify the deceased
and locate next of kin. This enhances transparency, accountability, and
the likelihood of identification before irreversible actions are taken.
This legislation advances both dignity and due process in the handling
of unclaimed bodies.

 
LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPACT FOR STATE AND LOCAL GOVERNMENTS:

Potential cost savings to local governments where burial expenses are
assumed by private religious organizations.

 
EFFECTIVE DATE:
This act shall take effect on the ninetieth day after it shall have
become a law.