Authorizes 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 state veterans' cemetery

S T A T E   O F   N E W   Y O R K
        ________________________________________________________________________

                                          1009

                               2025-2026 Regular Sessions

                                    I N  S E N A T E

                                       (PREFILED)

                                     January 8, 2025
                                       ___________

        Introduced  by  Sens.  BROUK, ADDABBO, ASHBY, HARCKHAM, HELMING, RHOADS,
          STEC -- read twice and ordered printed, and when printed to be commit-
          ted 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
    23    § 3. This act shall take effect immediately.

         EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01504-01-5