Assembly Bill A7902

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  7902

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                              May 29, 2015
                               ___________

Introduced  by  M.  of  A.  DenDEKKER  --  read once and referred 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:

  Section  1.  Subdivision 1 of section 4201 of the public health law is
amended by adding a new paragraph (e) to read as follows:
  (E) "MEMBER OF THE MILITARY OR RESERVES" MEANS (I)  A  MEMBER  OF  THE
UNITED STATES ARMY, NAVY, AIR FORCE, MARINES, COAST GUARD, ARMY NATIONAL
GUARD,  AIR  NATIONAL GUARD AND/OR RESERVES THEREOF; OR (II) A MEMBER OF
THE NEW YORK GUARD OR THE NEW YORK NAVAL MILITIA  CALLED  UP  TO  ACTIVE
DUTY.
  S  2.  Paragraph  (a)  of  subdivision 2 of section 4201 of the public
health law, as amended by chapter 401 of the laws of 2007, is amended to
read as follows:
  (a) The following persons in descending priority shall have the  right
to control the disposition of the remains of such decedent:
  (I)  IF THE DECEDENT IS A MEMBER OF THE MILITARY OR RESERVES, WHO DIED
IN THE COURSE OF THEIR DUTIES THEREIN, THEN THE  INDIVIDUAL  DESIGNATED,
IF  ANY,  BY  THE  DECEDENT ON THE DECEDENT'S DD FORM 93, SO LONG AS THE
INSTRUMENT WAS COMPLETED IN ACCORDANCE WITH FEDERAL LAW;
  [(i)] (II) the person designated  in  a  written  instrument  executed
pursuant to the provisions of this section;
  [(ii)] (III) the decedent's surviving spouse OR DOMESTIC PARTNER;
  [(ii-a) the decedent's surviving domestic partner;]
  [(iii)]  (IV)  any of the decedent's surviving children eighteen years
of age or older;
  (iv) (V) either of the decedent's surviving parents;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10407-03-5

              

A. 7902                             2

  (v) (VI) any of the decedent's surviving siblings  eighteen  years  of
age or older;
  (vi)  (VII)  a  guardian  appointed  pursuant  to article seventeen or
seventeen-A of the surrogate's court procedure act or article eighty-one
of the mental hygiene law;
  (vii) (VIII) any person eighteen years of age or older  who  would  be
entitled  to share in the estate of the decedent as specified in section
4-1.1 of the estates, powers and trusts law, with the person closest  in
relationship having the highest priority;
  (viii) (IX) a duly appointed fiduciary of the estate of the decedent;
  (ix)  (X)  a  close friend or relative who is reasonably familiar with
the decedent's wishes,  including  the  decedent's  religious  or  moral
beliefs,  when no one higher on this list is reasonably available, will-
ing, or competent to act, provided that such person has executed a writ-
ten statement pursuant to subdivision seven of this section; or
  (x) (XI) a chief fiscal officer of a county or a public  administrator
appointed  pursuant  to  article  twelve  or thirteen of the surrogate's
court procedure act, or any other person acting on behalf of  the  dece-
dent,  provided that such person has executed a written statement pursu-
ant to subdivision seven of this section.
  S 3. This act shall take effect immediately.