senate Bill S5077A

2015-2016 Legislative Session

Relates to the priority of persons with responsibility to determine the disposition of human remains

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Archive: Last Bill Status - Passed Senate


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (17)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Feb 29, 2016 referred to health
delivered to assembly
passed senate
Feb 02, 2016 advanced to third reading
Feb 01, 2016 2nd report cal.
Jan 26, 2016 1st report cal.80
Jan 06, 2016 referred to health
returned to senate
died in assembly
Jun 09, 2015 referred to health
delivered to assembly
passed senate
Jun 08, 2015 ordered to third reading cal.1374
committee discharged and committed to rules
May 27, 2015 print number 5077a
May 27, 2015 amend and recommit to health
Apr 30, 2015 referred to health

Votes

view votes

Jan 26, 2016 - Health committee Vote

S5077A
17
0
committee
17
Aye
0
Nay
0
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Health committee vote details

Jun 8, 2015 - Rules committee Vote

S5077A
24
0
committee
24
Aye
0
Nay
1
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Rules committee vote details

S5077 - Details

See Assembly Version of this Bill:
A7950
Current Committee:
Assembly Health
Law Section:
Public Health Law
Laws Affected:
Amd §4201, Pub Health L
Versions Introduced in Other Legislative Sessions:
2017-2018: S945, A3437
2019-2020: S4672
2021-2022: S3647

S5077 - Summary

Relates to the priority of persons with responsibility to determine the disposition of human remains.

S5077 - Sponsor Memo

S5077 - Bill Text download pdf

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

                                  5077

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                             April 30, 2015
                               ___________

Introduced  by  Sen.  CROCI  -- 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:

  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

Co-Sponsors

S5077A (ACTIVE) - Details

See Assembly Version of this Bill:
A7950
Current Committee:
Assembly Health
Law Section:
Public Health Law
Laws Affected:
Amd §4201, Pub Health L
Versions Introduced in Other Legislative Sessions:
2017-2018: S945, A3437
2019-2020: S4672
2021-2022: S3647

S5077A (ACTIVE) - Summary

Relates to the priority of persons with responsibility to determine the disposition of human remains.

S5077A (ACTIVE) - Sponsor Memo

S5077A (ACTIVE) - Bill Text download pdf

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

                                 5077--A

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                             April 30, 2015
                               ___________

Introduced  by  Sen.  CROCI  -- read twice and ordered printed, and when
  printed to be committed  to  the  Committee  on  Health  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

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;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10407-04-5

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