Add §27-a, Veterans' Services L; amd §4201, Pub Health L
Authorizes a veteran's close friend or family who is reasonably familiar with such veteran's wishes to request that such veteran be buried in a state veterans' cemetery.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A1664
SPONSOR: Stirpe TITLE OF BILL:
An act to amend the veterans' services law and the public health law, in
relation to authorizing a veteran's close friend or family member who is
reasonably familiar with such veteran's wishes to request that such
veteran be buried in a veterans' cemetery
PURPOSE:
To allow for a close friend to sign for a veteran's burial rights in a
cemetery in certain circumstances.
SUMMARY OF SPECIFIC PROVISIONS:
Section 1 provides the "agent in control of the disposition of remains"
who has knowledge of a veteran's desire to be buried in a veterans'
cemetery, to request that a deceased veteran be buried in a veteran's
cemetery.
Section 2 provides a close friend or relative who is reasonably familiar
with the decedents' wishes to act as the agent in control of the dispo-
sition of remains, when no one higher on the list is reasonably avail-
able, willing, or competent to act.
Section 3 sets the effective date immediately.
JUSTIFICATION:
There are many veterans throughout New York state without identifiable
next of kin that wish to be buried in Veteran Memorial Cemeteries
("VMC"). Veterans that do not have identifiable next of kin are prohib-
ited from being buried in VMC's as current law requires a veteran's next
of kin to sign-off on paperwork pertaining to burial rights.
Several years ago, this issue was brought to this Legislature's atten-
tion when a veteran from Ontario County passed away with no surviving
family to sign-off on his burial rights. Prior to the veteran's death,
he informed his friend that he wished to be buried at the Sampson Veter-
ans Memorial Cemetery. Unfortunately, the veteran could not be buried at
the cemetery of his choosing as his friend did not meet the definition
of next of kin under Veterans' Services Law.
Therefore, this Legislature should pass this bill to ensure that veter-
ans without identifiable next of kin are not denied their desire to be
buried in a VMC if a close friend or relative who is reasonably familiar
with the decedents' request can be identified and act as an agent
responsible to ensure a veteran's request be executed.
LEGISLATIVE HISTORY:
2015-16: A.7932/S.5570-A - Referred to Veteran's Affairs/Passed Senate
2017-18: A.3083/5.829 - Referred to Veteran's Affairs /Passed Senate
2019-20: A.9808/S.1167 - Referred to Veteran's Affairs/Referred to
Veterans, Homeland Security, and Military Affairs
2021-22: A.6302/S.4344 - Referred to Veterans' Affairs/ Passed Senate
FISCAL IMPLICATIONS:
None.
EFFECTIVE DATE:
This act shall take effect immediately; provided, however, that if
section 2 of part PP of chapter 56 of the laws of 2022 shall not have
taken effect on or before such date then this act shall take effect on
the same date and in the same manner as such chapter of the laws of 2022
takes effect.
STATE OF NEW YORK
________________________________________________________________________
1664
2023-2024 Regular Sessions
IN ASSEMBLY
January 17, 2023
___________
Introduced by M. of A. STIRPE -- read once and referred to the Committee
on Veterans' Affairs
AN ACT to amend the veterans' services law and the public health law, in
relation to authorizing a veteran's close friend or family member who
is reasonably familiar with such veteran's wishes to request that such
veteran be buried in a veterans' cemetery
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The veterans' services law is amended by adding a new
2 section 27-a to read as follows:
3 § 27-a. Burial rights of certain veterans. 1. For the purposes of
4 this section, "agent in control of the disposition of remains" means the
5 person responsible or designated to control the disposition of a
6 deceased veteran's remains as defined and outlined in section forty-two
7 hundred one of the public health law who has knowledge of a veteran's
8 desire to be buried in a veterans' cemetery and can provide evidence of
9 the military service of the decedent which shall be furnished in the
10 manner and form prescribed by the state commissioner.
11 2. Notwithstanding any other provision of local law, law, rule or
12 regulation to the contrary, any agent in control of the disposition of
13 remains may request that a deceased veteran be buried in a veterans'
14 cemetery.
15 § 2. Subparagraph (ix) of paragraph (a) of subdivision 2 of section
16 4201 of the public health law, as amended by chapter 401 of the laws of
17 2007, is amended to read as follows:
18 (ix) a close friend or relative who is reasonably familiar with the
19 decedent's wishes, including the decedent's religious or moral beliefs,
20 when no one higher on this list is reasonably available, willing, or
21 competent to act[, provided that such person has executed a written
22 statement pursuant to subdivision seven of this section]; or
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD01795-01-3
A. 1664 2
1 § 3. This act shall take effect immediately; provided, however, that
2 if section 2 of part PP of chapter 56 of the laws of 2022 shall not have
3 taken effect on or before such date then this act shall take effect on
4 the same date and in the same manner as such chapter of the laws of 2022
5 takes effect.
