What's happening
This bill gives top priority to the person designated on a military decedent's DD Form 93 for controlling their remains.
Why it matters
Strengthens the wishes of military personnel. By placing the DD Form 93 designee at the top of the priority list, the bill ensures that the person a service member specifically names will have the legal right to control their remains, reflecting the individual's explicit choices rather than defaulting to family or next of kin.
Reduces potential for family disputes. This change can help avoid conflicts among surviving relatives by providing clear legal precedence for the DD Form 93 designation, which is especially valuable in cases where family members may disagree about funeral or burial arrangements.
Aligns state and federal practices. The bill brings New York law in line with existing federal procedures regarding military decedents, providing consistency for families and authorities handling remains across state and military jurisdictions.
Acknowledges unique circumstances of military service. By specifically addressing those who die while in service, the bill recognizes the distinct legal and personal considerations facing military families, offering them an extra layer of legal clarity and respect for service members’ wishes.
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Who cares
Headline styles
Give Military Burial Priority
Plain English, a few words. Used as the page title.
Sponsors
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History
- Referred to health
- Referred to health
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
3229
2017-2018 Regular Sessions
IN ASSEMBLY
January 27, 2017
Introduced by M. of A. DenDEKKER -- read once and referred 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 Assembly, 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) a 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, then the individual designated, if any, by the decedent on the decedent's DD Form 93, so long as the instrument was completed in accordance with federal law;
(ii) the person designated in a written instrument executed pursuant to the provisions of this section;
[(ii)] (iii) the decedent's surviving spouse or domestic partner;
[(ii-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;
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08594-01-7
A. 3229 2
[(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, willing, or competent to act, provided that such person has executed a written 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 decedent, provided that such person has executed a written statement pursuant to subdivision seven of this section.
§ 3. This act shall take effect immediately.
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