Permits a chief fiscal officer of a county or a public administrator, when having the right to control the disposition of the remains of a decedent and acting reasonably and in good faith, to, without civil liability, select cremation or natural organic reduction as the method of disposition for such decedent where the financial resources of such decedent are limited and such disposition is selected with the reasonable belief that the method is consistent with the religious practices of the decedent.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A7894C
SPONSOR: Paulin TITLE OF BILL:
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
PURPOSE OR GENERAL IDEA OF BILL:
To facilitate the selection of cremation or natural organic reduction as
a method of disposition by local officials acting as public administra-
tors for Individuals who die without any financial resources or survi-
vors.
SUMMARY OF PROVISIONS:
Section 1: Paragraph c of subdivision 2 of section 4201 of the public
health law is amended to add that a chief fiscal officer of a county or
a public administrator may select cremation or natural organic reduction
as the method of disposition of a decedent when they have the right to
control the disposition of the remains of the decedent. The bill also
provides that these forms of disposition may only be authorized if they
are consistent with the religious practices of the decedent and no
person has claimed the decedent 90 days after death or a person having
priority is known but has given up their right to control the disposi-
tion. If cremation or natural organic reduction is selected as the meth-
od of disposition a public notice must be issued and 45 days must pass
before proceeding with either method. The 45 day period may run concur-
rently with the'90 day period.
Section 2: This act shall take effect immediately
JUSTIFICATION:
Currently New York State's Final Disposition law allows a person to
designate someone of their choosing to act as their legal agent to
ensure that their funeral/burial wishes are carried out. The law
outlines who have the right to control the disposition of a decedent in
descending order of priority if an agent, was not named. When an indi-
vidual passes away without a relative or agent named to control disposi-
tion, it falls to the county chief fiscal officer or public administra-
tor as the person who, controls the final disposition of a decedent.
Cremation, which is a popular choice for final disposition has raised
concern among county officials. They are concerned if they are protected
under the current law to authorize a cremation for a decedent as it is
an irreversible process. This legislation would provide extra protection
for local officials to authorize a cremation or natural organic
reduction as part of their official duties. The bill also states that
either of these forms of final disposition may only be authorized if
they are consistent with the religious practices of the decedent and no
person above the local official in the descending order of priority has
claimed the decedent for 90 days after death. The county official must
also issue a public notice of the selection of cremation and allow 45
days before proceeding. This allows more time for any family of the
decedent to come forward.
EFFECTIVE DATE:
This act shall take effect immediately
STATE OF NEW YORK
________________________________________________________________________
7894--C
2025-2026 Regular Sessions
IN ASSEMBLY
April 11, 2025
___________
Introduced by M. of A. PAULIN, STECK -- read once and referred to the
Committee on Health -- committee discharged, bill amended, ordered
reprinted as amended and recommitted to said committee -- again
reported from said committee with amendments, ordered reprinted as
amended and recommitted to said committee -- reported and referred to
the Committee on Rules -- Rules Committee discharged, bill amended,
ordered reprinted as amended and recommitted to the Committee on Rules
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
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
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 and a new paragraph (c-1) is added 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. Notwithstanding the provisions of this paragraph, a chief
16 fiscal officer of a county or a public administrator, when having the
17 right to control the disposition of the remains of such decedent
18 pursuant to this section and acting reasonably and in good faith, may,
19 without civil liability, select cremation or natural organic reduction
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD10813-07-5
A. 7894--C 2
1 as the method of disposition for a decedent where the financial
2 resources of such decedent are limited and such disposition is selected
3 with the reasonable belief that the method is consistent with the reli-
4 gious practices of the decedent, provided, that (i) no person having
5 higher priority pursuant to this subdivision has claimed the remains of
6 the decedent within ninety days of their death, or (ii) such person
7 having priority is known and has relinquished their right to control the
8 decedent's final disposition.
9 (c-1) If cremation or natural organic reduction is selected as the
10 method of disposition by the chief fiscal officer of a county or a
11 public administrator, then such chief fiscal administrator of a county
12 or a public administrator shall issue a public notice of the selection
13 and allow forty-five days before proceeding. Such notice may run
14 concurrently with the ninety days stipulated by subparagraph (i) of
15 paragraph (c) of this subdivision.
16 § 2. This act shall take effect immediately.
