STATE OF NEW YORK
        ________________________________________________________________________
                                          6371
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                      March 7, 2019
                                       ___________
        Introduced  by M. of A. SMITH -- read once and referred to the Committee
          on Election Law
        AN ACT to amend the election law and the public health law, in  relation
          to requiring funeral directors to deliver death certificates
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Subdivision 1 of section 5-708  of  the  election  law,  as
     2  amended  by  chapter  476  of  the  laws  of 2002, is amended to read as
     3  follows:
     4    1. It shall be the duty of all  funeral  directors  to  deliver  death
     5  certificates to the state health department and the department of health
     6  of  the  city  of  New York [to], who shall in turn deliver to the state
     7  board of elections, at least monthly, records, in a format  as  mutually
     8  determined  by  both agencies, of the names of all persons of voting age
     9  for whom death certificates were issued. Such records shall be  arranged
    10  by county of residence and shall include the name, residence address and
    11  birth  date  of  each  such person. Each county board of elections shall
    12  subsequently ensure that any decedent registered to vote shall  promptly
    13  be removed from enrollment.
    14    §  2.  Subdivisions  (c),  (d)  and  (e) of section 4142 of the public
    15  health law, subdivision (e) as added by chapter 352 of the laws of 2013,
    16  are amended and a new subdivision (f) is added to read as follows:
    17    (c) state the facts required on the certificate of death  relative  to
    18  the  date  and place of burial, cremation or removal, over his signature
    19  and with his address; [and,]
    20    (d) prior to the disposition of the remains, file the  certificate  of
    21  death  with the registrar of the district in which the death occurred as
    22  provided in section four thousand one hundred forty of this article[.];
    23    (e) notwithstanding any contrary provisions of law as may be set forth
    24  in this section, commencing on or after the  implementation  date  under
    25  section  forty-one  hundred  forty-eight  of this title, information and
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06837-01-9

        A. 6371                             2
     1  signatures required by this subdivision shall be obtained  and  made  in
     2  accordance  with section forty-one hundred forty-eight of this title[.];
     3  and
     4    (f)  present  the  certificate promptly to the state health department
     5  and the department of health of the city of New York, who shall in  turn
     6  deliver   death  certificates  to  the  state  board  of  elections,  as
     7  prescribed by section 5-708 of the election law.  Such records shall  be
     8  arranged  by  county  of residence and shall include the name, residence
     9  address and birth date of each deceased person.  Each  county  board  of
    10  elections  shall subsequently ensure that any deceased person registered
    11  to vote shall promptly be removed from enrollment.
    12    § 3. This act shall take effect on the ninetieth day  after  it  shall
    13  have become a law.