Bill Text: NY S05530 | 2023-2024 | General Assembly | Introduced

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Bill Title: 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.

Spectrum: Bipartisan Bill

Status: (Engrossed) 2024-05-28 - referred to veterans' affairs [S05530 Detail]

Download: New_York-2023-S05530-Introduced.html

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                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.