S T A T E   O F   N E W   Y O R K
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                                  7950

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                              June 2, 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)  AN  ACTIVE  DUTY
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 AS DESCRIBED IN SECTION 1481 OF
TITLE 10 OF THE UNITED STATES CODE, THEN THE INDIVIDUAL  DESIGNATED,  IF
ANY,  BY  THE  DECEDENT  ON  THE  DECEDENT'S  UNITED STATE DEPARTMENT OF
DEFENSE RECORD OF EMERGENCY DATA, DD FORM 93, OR ITS SUCCESSOR FORM,  SO
LONG  AS THE WRITTEN 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;
  [(ii-a)] (III-A) the decedent's surviving domestic partner;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10407-05-5

              

A. 7950                             2

  [(iii)]  (IV)  any of the decedent's surviving children eighteen years
of age or older;
  (iv) (V) either of the decedent's surviving parents;
  (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.