Bill Text: NY S01486 | 2023-2024 | General Assembly | Introduced

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Bill Title: Relates to the priority of persons with responsibility to determine the disposition of human remains; provides that persons designated by a member of the military shall have first priority.

Spectrum: Partisan Bill (Republican 3-0)

Status: (Introduced - Dead) 2024-01-03 - REFERRED TO HEALTH [S01486 Detail]

Download: New_York-2023-S01486-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          1486

                               2023-2024 Regular Sessions

                    IN SENATE

                                    January 12, 2023
                                       ___________

        Introduced  by  Sen.  ORTT  --  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  the  priority  of
          persons  with  responsibility  to  determine  the disposition of human
          remains

          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 4201 of the public health law is
     2  amended by adding a new paragraph (e) to read as follows:
     3    (e) "Member of the military or reserves"  means  (i)  an  active  duty
     4  member of the United States army, navy, air force, marines, coast guard,
     5  army national guard, air national guard and/or reserves thereof; or (ii)
     6  a  member  of the New York guard or the New York naval militia called up
     7  to active duty.
     8    § 2. Paragraph (a) of subdivision 2 of  section  4201  of  the  public
     9  health  law,  as amended by chapter 401 of the laws of 2007, the opening
    10  paragraph as amended by chapter 191 of the laws of 2022, is  amended  to
    11  read as follows:
    12    (a)  The following persons in descending priority shall have the right
    13  to control the disposition of the remains  of  such  decedent;  provided
    14  that  if  there  are more than two members of a class listed in subpara-
    15  graph [(iii),] (v), [or] (vii) or (ix) of  this  paragraph  entitled  to
    16  control  the disposition of remains of a decedent, the disposition shall
    17  be determined by a majority of the members of the class who are  reason-
    18  ably available:
    19    (i)  if the decedent is a member of the military or reserves, who died
    20  in the course of their duties therein as described in  section  1481  of
    21  title  10  of the United States Code, then the individual designated, if
    22  any, by the decedent on  the  decedent's  United  States  department  of
    23  defense  record of emergency data, DD Form 93, or its successor form, so

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05074-01-3
        S. 1486                             2

     1  long as the written instrument was completed in accordance with  federal
     2  law;
     3    (ii)  the  person designated in a written instrument executed pursuant
     4  to the provisions of this section;
     5    [(ii)] (iii) the decedent's surviving spouse;
     6    [(ii-a)] (iv) the decedent's surviving domestic partner;
     7    [(iii)] (v) any of the decedent's surviving children eighteen years of
     8  age or older;
     9    [(iv)] (vi) either of the decedent's surviving parents;
    10    [(v)] (vii) any of the decedent's surviving siblings eighteen years of
    11  age or older;
    12    [(vi)] (viii) a guardian appointed pursuant to  article  seventeen  or
    13  seventeen-A of the surrogate's court procedure act or article eighty-one
    14  of the mental hygiene law;
    15    [(vii)]  (ix)  any  person eighteen years of age or older who would be
    16  entitled to share in the estate of the decedent as specified in  section
    17  4-1.1  of the estates, powers and trusts law, with the person closest in
    18  relationship having the highest priority;
    19    [(viii)] (x) a duly appointed fiduciary of the estate of the decedent;
    20    [(ix)] (xi) a close friend or relative who is reasonably familiar with
    21  the decedent's wishes,  including  the  decedent's  religious  or  moral
    22  beliefs,  when no one higher on this list is reasonably available, will-
    23  ing, or competent to act, provided that such person has executed a writ-
    24  ten statement pursuant to subdivision seven of this section; or
    25    [(x)] (xii) a chief fiscal officer of a county or a public administra-
    26  tor appointed pursuant to article twelve or thirteen of the  surrogate's
    27  court  procedure  act, or any other person acting on behalf of the dece-
    28  dent, provided that such person has executed a written statement  pursu-
    29  ant to subdivision seven of this section.
    30    § 3. This act shall take effect immediately.