Rep. Day Files Legislation to Clarify State Law for
Active Duty Military Personnel
Jefferson City –Rep. David Day, R-Dixon, pre-filed legislation that expands the definition of next-of-kin as it relates to who can control the burial or cremation of active military personnel who die while on active duty. The bill proposes to add the person designated by a military decedent in a Department of Defense Form 93 to the term next-of-kin as it relates to right of sepulcher or the control of the burial of human remains. Rep. Day’s legislation, House Bill 1208, will be officially introduced after session begins on January 6. HB 1208 was filed with a bipartisan group of 28 co-sponsors.
“The Department of Defense allows active military personnel to designate a person beyond the traditional next of kin to be contacted in case of an emergency. Currently Missouri does not recognize DD Form 93 and there can be conflicts with an active duty military member’s last request and Missouri state law. It is only right that we recognize the wishes of members of the military and allow the person named by them to provide a proper burial for our military heroes in the event of a death occurring,” said Rep. Day. He added, “With this legislation in place there will be no doubt who is responsible for the remains of our active duty military when they are Missouri residents, it will be the person they left that responsibility to.”
During the 2009 session, Rep. Day successfully sponsored legislation that allows the unclaimed cremated remains of a veteran to be collected by a veterans' service organization for the purpose of interment if the remains have been in possession of a funeral establishment for at least one year. This law went into effect at the end of August.
“It is very important that those who risk their lives protecting our freedoms receive their final wishes, to include who is responsible for their remains. I believe this is just one of many ways we can show our respect and gratitude to our servicemen and women” Day concluded.
Rep. Day is Chairman of the Missouri House Veterans Committee.