senate Bill S3647

2021-2022 Legislative Session

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

download bill text pdf

Sponsored By

Current Bill Status - On Floor Calendar


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

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Actions

view actions (4)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Feb 24, 2021 advanced to third reading
Feb 23, 2021 2nd report cal.
Feb 22, 2021 1st report cal.376
Jan 30, 2021 referred to health

Votes

view votes

Feb 22, 2021 - Health committee Vote

S3647
15
0
committee
15
Aye
0
Nay
0
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Health committee vote details

S3647 (ACTIVE) - Details

Law Section:
Public Health Law
Laws Affected:
Amd §4201, Pub Health L
Versions Introduced in Other Legislative Sessions:
2015-2016: S5077
2017-2018: S945
2019-2020: S4672

S3647 (ACTIVE) - Summary

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

S3647 (ACTIVE) - Sponsor Memo

S3647 (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3647
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 30, 2021
                                ___________
 
 Introduced  by  Sen.  ORTT  --  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)  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.
   § 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 STATES 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)] (IV) the decedent's surviving domestic partner;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07742-01-1

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