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S945Senate2017-2018 SessionSame asA3437

Military Has Burial Control Priority

Official title

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

Sponsor Thomas CrociSD-3+6 co-sponsorsAffects Health
Status
In Assembly Committee
Health
Impact
3/10
Low
Passage
0%

Bill progress

Step 5 of 7

In Assembly · Health

What's happening

This bill gives top priority to a military member's designated individual for deciding the disposition of their remains if they die in service.

Why it matters

  1. Gives military service members explicit authority to designate who decides what happens to their remains. by recognizing their choice on the Department of Defense’s emergency data form (DD Form 93) as the top legal priority, above next of kin or spouses.

  2. Reduces potential conflicts among family members and loved ones. in the event of a service member’s death, by ensuring the military member’s wishes are legally binding and eliminating ambiguity about who holds decision-making power.

  3. Aligns state law with federal practices and honors the unique circumstances of military service. by specifically referencing federal law and forms, creating a consistent standard for handling the remains of those who die in service.

  4. Recognizes and respects the diverse relationships and support networks of military personnel. , allowing them to choose anyone—regardless of family status—as the responsible party, which can be especially important for unmarried partners or close friends.

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Who cares

Headline styles

Military Has Burial Control Priority

Plain English, a few words. Used as the page title.

Sponsors

Primary sponsor
Thomas Croci

Senator · Senate District 3

Chair, Veterans, Homeland Security And Military Affairs

History

  1. Referred to health
  2. Delivered to assembly
  3. Passed senateVote 60–0
  4. Advanced to third reading
  5. 2nd report cal.
  6. 1st report cal.153
  7. Referred to health
  8. Returned to senate
  9. Died in assembly
  10. Referred to health
  11. Delivered to assembly
  12. Passed senateVote 62–0
Show 4 earlier actions
  1. Advanced to third reading
  2. 2nd report cal.
  3. 1st report cal.643
  4. 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.

A3437Assembly

Military Gets Remains Priority

In Assembly Committee · Health · Sponsor Michael DenDekker

Impact 3 · Low0% to pass

Full text

2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗

STATE OF NEW YORK

945

2017-2018 Regular Sessions

IN SENATE

January 5, 2017

Introduced by Sens. CROCI, LARKIN, MARCHIONE, 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 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

S. 945 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.

Sponsor's memo

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 federally 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.5077A- 2015/16: Passed in the Senate

Fiscal implications

None.

Effective date

This act shall take effect immediately.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.