NY State Senate Bill 2023-S1486

Senate Bill S1486

2023-2024 Legislative Session

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

download bill text pdf

Current Bill Status - In Senate Committee Health Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2024	referred to health
Jan 12, 2023	referred to health

co-Sponsors

2023-S1486 (ACTIVE) - Details

Current Committee:: Senate Health
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
2021-2022: S3647

2023-S1486 (ACTIVE) - Summary

Relates to the priority of persons with responsibility to determine the disposition of human remains; provides that persons designated by a member of the military shall have first priority.

2023-S1486 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S1486

SPONSOR: ORTT
 
TITLE OF BILL:

An act to amend the public health law, in relation to the priority of
persons with responsibility to determine the disposition of human
remains

 
PURPOSE:

This bill provides that New York State shall recognize DD Form 93 for
purposes of the disposition of service member remains.

 
SUMMARY OF SPECIFIC PROVISIONS:

Amends the public health law by adding a definition for "member of the
military or reserves" and by recognizing DD form 93 as an approved
directive concerning the disposition of the remains of a member of the
military.

JUSTIFICATION:

When active duty and activated guard/reserve members complete the feder-
ally mandated DD Form 93 in accordance with Section 564 of Public Law
109-163, they designate a person authorized to direct disposition of
their remains in event of death. However, New York State does not
currently recognize the federal form as an acceptable document for
service members, therefore, there have been several instances of civil
actions between family members over the ultimate disposition of a fallen
service member's remains. In order to eliminate this conflict between
state law and federal law, and to avoid bringing further hardship to the
family of a fallen service member, this bill would amend state law to
recognize the DD Form 93 as an acceptable written instrument for service
members, notwithstanding other parts of state law regarding disposition.

 
PRIOR LEGISLATIVE HISTORY:

2021-2022: S. 3647 Referred to Health

2019-2020: S4672 Referred to Health

S.945-2017/18: Passed Senate

S.5077A- 2015/16: Passed Senate

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2023-S1486 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1486
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 12, 2023
                                ___________
 
 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, the opening
 paragraph as amended by chapter 191 of the laws of 2022, 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;  provided
 that  if  there  are more than two members of a class listed in subpara-
 graph [(iii),] (v), [or] (vii) OR (IX) of  this  paragraph  entitled  to
 control  the disposition of remains of a decedent, the disposition shall
 be determined by a majority of the members of the class who are  reason-
 ably available:
   (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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05074-01-3
 S. 1486                             2

 
 LONG AS THE WRITTEN 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;
   [(ii-a)] (IV) the decedent's surviving domestic partner;
   [(iii)] (V) any of the decedent's surviving children eighteen years of
 age or older;
   [(iv)] (VI) either of the decedent's surviving parents;
   [(v)] (VII) any of the decedent's surviving siblings eighteen years of
 age or older;
   [(vi)] (VIII) 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)]  (IX)  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)] (X) a duly appointed fiduciary of the estate of the decedent;
   [(ix)] (XI) 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)] (XII) 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.

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Senate Bill S1486

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Sponsored By

Robert G. Ortt