What's happening
This bill gives top priority for deciding the disposition of remains of deceased military members to the individual designated on their DD Form 93.
Why it matters
Respects military members’ wishes. By giving top priority to the individual listed on a deceased service member’s DD Form 93, the bill ensures that the person the service member trusted most is empowered to make decisions about their remains, above family or others who might otherwise have this right.
Reduces ambiguity and disputes. This change can help prevent legal battles or family disagreements over who has the authority to decide on the disposition of remains for military members, providing a clear, federally recognized standard.
Aligns state and federal practice. The amendment brings New York state law in line with federal procedures and honors the intent of military policies, which already treat the DD Form 93 as the definitive document for such decisions for active-duty deaths.
Acknowledges unique service circumstances. Recognizes that military and certain state defense force members may have complex or non-traditional family situations due to their service, and ensures their autonomy in making deeply personal end-of-life decisions.
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Military Gets Remains Priority
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History
- Referred to health
- Referred to health
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Military Has Burial Control Priority
In Assembly Committee · Health · Sponsor Thomas Croci
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
3437
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) 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
A. 3437 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, willing, or competent to act, provided that such person has executed a written statement pursuant to subdivision seven of this section; or
[(x)] (xii) 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.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.