Provides for clarification of the disposition of human remains

1 Co-sponsor

• Joseph E. Robach

BILL NUMBER:S4540

Title of bill

An act to amend the public health law, in relation to disposition of human remains

Purpose

This bill provides for clarification of the proper designation of a disposition of human remains.

Summary of provisions

Makes several technical amendments to PHL S 4201. Clarifies that the written instrument designating an agent does not have to be the form appearing in section 4201. Removes the requirement for a second witness.

Justification

From a statutory standpoint, federal statutes require Service members to designate a PADD in the event of their death while on active duty. Public Law 109-163, § 564 requires the designation of a PADD, and 10 U.S.C. § 1482 (c) specifies who the Service member may select as a PADD. The Department of Defense Instruction 1300.18 implements these statutory requirements through the use of the DD Form 93, which also provides vital information for emergency notification and designation of beneficiaries.

From a practical standpoint, without establishing a consistent requirement for the designation of a PADD, active duty Service members (48 percent of which are less than 25 years old) would be far less likely to research the pertinent statute for their home state and complete the required documentation for designating an agent. As a result, disposition of a Service member's remains would more likely be determined according to the prioritized list of family members found in his or her home state statute.

10 U.S.C. § 1482 (c) limits the choices available to Service members (in no priority order) to the surviving spouse; blood relatives of the decedent, adoptive relatives of the decedent; or if none of these persons can be found, a person standing in loco parentis to the decedent. Although these choices are limited, it is believed that allowing for unrestricted designation could potentially increase civil litigation as a result of young Service members choosing friends and acquaintances (newly acquired Service buddies) over family members.

Finally, the use of the DD Form 93 ensures that Service members have reviewed their PADD designations at least annually and before departing on deployment. State statute has no provisions for ensuring the currency of a designation document.

Legislative history

2007: A.8814-A - Passed Assembly 2009: A.881-B - Passed Assembly 2010: A.881-D - Advanced to Third Reading

Fiscal implications

None noted.

Effective date

This act would take effect immediately.