S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    945
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                              January 5, 2017
                                ___________
 
 Introduced  by  Sens.  CROCI,  LARKIN, MARCHIONE, 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.
              

                                                            LBD00989-01-7

 S. 945                              2
 
   [(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.