|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Jan 04, 2012||referred to health|
|Jun 24, 2011||committed to rules|
|May 23, 2011||advanced to third reading|
|May 18, 2011||2nd report cal.|
|May 17, 2011||1st report cal.750|
|Apr 11, 2011||referred to health|
senate Bill S4540
Archive: Last Bill Status - In Senate Committee
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S4540 - Details
S4540 - Sponsor Memo
BILL NUMBER:S4540 TITLE OF BILL: An act to amend the public health law, in relation to disposition of human remains PURPOSE: This bill provides for clarification of the proper designation of a disposition of human remains. SUMMARY OF PROVISIONS: Makes several technical amendments to PHL S 4201. Clarifies that the written instrument designating an agent does not have to be the form appearing in section 4201. Removes the requirement for a second witness. JUSTIFICATION: From a statutory standpoint, federal statutes require Service members to designate a PADD in the event of their death while on active duty. Public Law 109-163, § 564 requires the designation of a PADD, and 10 U.S.C. § 1482 (c) specifies who the Service member may select as a PADD. The Department of Defense Instruction 1300.18 implements these statutory requirements through the use of the DD Form 93, which also provides vital information for emergency notification and designation of beneficiaries.
S4540 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 4540 2011-2012 Regular Sessions I N S E N A T E April 11, 2011 ___________ Introduced by Sen. BALL -- 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 disposition of human remains THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 4201 of the public health law, as amended by chap- ter 76 of the laws of 2006, paragraph (a) of subdivision 2 as amended by chapter 401 of the laws of 2007 and subdivision 4-a as added by chapter 348 of the laws of 2009, is amended to read as follows: S 4201. Disposition of remains; responsibility therefor. 1. As used in this section, the following terms shall have the following meanings, unless the context otherwise requires: (a) "Cremation" means the incineration of human remains. (b) "Disposition" means the care, disposal, transportation, burial, cremation or embalming of the body of a deceased person, and associated measures. (c) "Domestic partner" means a person who, with respect to another person: (i) is formally a party in a domestic partnership or similar relation- ship with the other person, entered into pursuant to the laws of the United States or any state, local or foreign jurisdiction, or registered as the domestic partner of the person with any registry maintained by the employer of either party or any state, municipality, or foreign jurisdiction; or (ii) is formally recognized as a beneficiary or covered person under the other person's employment benefits or health insurance; or (iii) is dependent or mutually interdependent on the other person for support, as evidenced by the totality of the circumstances indicating a mutual intent to be domestic partners including but not limited to: common ownership or joint leasing of real or personal property; common EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD02287-01-1
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