What's happening
The bill gives top priority to a military member’s designated person for control of their remains if they die in duty.
Why it matters
Ensures military members’ wishes are honored. By giving top priority to the person named on the military member's official emergency data form (DD Form 93), the bill makes sure the individual the service member specifically chose will decide what happens to their remains—potentially overruling family or other relationships.
Reduces family conflicts and confusion. When a service member dies in duty, disputes can arise among relatives or others about funeral and burial decisions. This law provides clear legal guidance and reduces the likelihood of disagreements or delays during an emotionally charged time.
Aligns state law with federal practices. The bill incorporates federal procedures (specifically, the DD Form 93 system) into New York law, making state processes more consistent with what military families expect and experience elsewhere in the country.
Acknowledges changing family structures. By not restricting this top priority to spouses or blood relatives, the law recognizes that a service member’s closest confidant or chosen “designated person” may not be a traditional family member, reflecting modern and diverse relationships.
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Who cares
Headline styles
Military Gets Burial Priority
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to health
- Committed to rules
- Advanced to third reading
- 2nd report cal.
- 1st report cal.623
- Referred to health
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
4672
2019-2020 Regular Sessions
IN SENATE
March 20, 2019
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 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.
LBD07786-01-9
S. 4672 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 feder- ally 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.945-2017/18: Passed Senate S.5077A- 2015/16: Passed 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.