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

S. 5077--A                          2

  [(ii-a)] (III-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;
  (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.