NY State Senate Bill 2019-S4672

Senate Bill S4672

2019-2020 Legislative Session

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

download bill text pdf

Archive: Last 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

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2020	referred to health
Jun 20, 2019	committed to rules
May 13, 2019	advanced to third reading
May 08, 2019	2nd report cal.
May 07, 2019	1st report cal.623
Mar 20, 2019	referred to health

Votes

- May 7, 2019 - Health Committee Vote
  S4672
  
  15
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Health Committee Vote: May 7, 2019
      
      aye (15)
      
      Antonacci
      
      Benjamin
      
      Biaggi
      
      Carlucci
      
      Gallivan
      
      Hoylman-Sigal
      
      Jacobs
      
      Kaminsky
      
      Little
      
      Metzger
      
      Montgomery
      
      Ritchie
      
      Rivera
      
      Salazar
      
      Stavisky

2019-S4672 (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
2021-2022: S3647
2023-2024: S1486

2019-S4672 (ACTIVE) - Summary

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

2019-S4672 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S4672

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 OR GENERAL IDEA OF BILL:

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:

Section one amends the public health law by adding a definition for
"member of the military or reserves".

Section two amends the public health law 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:

S.945-2017/18: Passed Senate
S.5077A- 2015/16: Passed Senate

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2019-S4672 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4672
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                              March 20, 2019
                                ___________
 
 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.
                                                            LBD07786-01-9

 S. 4672                             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.

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