Assembly Bill A3229

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3229
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 27, 2017
                                ___________
 
 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.
   §  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;
   (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.
                                                            LBD08594-01-7
              

 A. 3229                             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 dece-
 dent;
   [(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 administra-
 tor 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.
   § 3. This act shall take effect immediately.