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
              

 S. 3647                             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.