CEMETERIES: Provides with respect to the remains of certain individuals

HLS 26RS-45 ORIGINAL
2026 Regular Session
HOUSE BILL NO. 176
BY REPRESENTATIVE HEBERT
CEMETERIES: Provides with respect to the remains of certain individuals
1 AN ACT
2 To enact R.S. 8:659(C) and (D), relative to the remains of certain individuals; to provide for
3 the authority to determine the interment of remains of certain individuals; to limit
4 liability; and to provide for related matters.
5 Be it enacted by the Legislature of Louisiana:
6 Section 1. R.S. 8:659(C) and (D) are hereby enacted to read as follows:
7 §659. Permission to move remains
8 * * *
9 C.(1) Notwithstanding the provisions of Subsection A of this Section, if the
10 decedent dies in a manner described by 10 U.S.C. 1481(a)(1) through (8) while
11 serving in any branch of the United States Armed Forces, the United States Reserve
12 Forces, or the National Guard, and the decedent executed a United States Department
13 of Defense Record of Emergency Data, known as a DD Form 93, or its successor
14 form, the right to control interment for the decedent shall devolve upon the Person
15 Authorized to Direct Disposition, or the PADD, as indicated on the DD Form 93, or
16 its successor form.
17 (2) There shall be no liability for a cemetery authority, funeral establishment,
18 funeral director, crematory authority, or their employees or agents to whom a copy
19 of a DD Form 93 is presented, purportedly executed by the decedent for conduction
20 of the interment or other disposition of the decedent's remains, pursuant to the
Page 1 of 2
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
HLS 26RS-45 ORIGINAL
HB NO. 176
1 instructions of the PADD as indicated on the DD Form 93, or for relying on the
2 representation of the PADD that the decedent dies in a manner described in
3 Paragraph (1) of this Subsection.
4 D.(1) In the event that the decedent had made multiple notarial testaments
5 or notarized declarations pursuant to Subsection A of this Section, the testament or
6 declaration, whichever is dated last, shall control interment of the decedent's
7 remains.
8 (2) In the event that the decedent had made one or more notarial testaments
9 or notarized declarations pursuant to Subsection A of this Section, and the decedent
10 executed a DD Form 93 and died in the manner described in Subsection C of this
11 Section, the testament, declaration, or the DD Form 93, whichever is dated last, shall
12 control interment of the decedent's remains.
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
HB 176 Original 2026 Regular Session Hebert
Abstract: Provides relative to the remains of certain individuals.
Present law provides for the permission to move human remains.
Proposed law retains present law and provides for the interment of remains of a person who
dies in a manner described by 10 U.S.C. 1481(a)(1) through (8) while serving in any branch
of the United States Armed Forces, the United States Reserve Forces, or the National Guard.
Proposed law provides for applicability of the United States Department of Defense Record
of Emergency Data, known as a DD Form 93, in the control of interment of a decedent.
Proposed law provides for control of the remains in the event that the decedent had made
multiple notarial testaments or notarized declarations.
Proposed law provides for the control of the remains in the event that the decedent had made
one or more notarial testaments or notarized declarations and the decedent executed a DD
Form 93.
(Adds R.S. 8:659(C) and (D))
Page 2 of 2
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.