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.
STATE OF NEW YORK
________________________________________________________________________
5530
2023-2024 Regular Sessions
IN SENATE
March 7, 2023
___________
Introduced by Sens. BROUK, HARCKHAM, HELMING, STEC -- read twice and
ordered printed, and when printed to be committed to the Committee on
Veterans, Homeland Security and Military 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
S. 5530 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.
