S T A T E O F N E W Y O R K
________________________________________________________________________
7932
2015-2016 Regular Sessions
I N A S S E M B L Y
June 1, 2015
___________
Introduced by M. of A. DenDEKKER -- read once and referred to the
Committee on Veterans' Affairs
AN ACT to amend the executive 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:
Section 1. The executive law is amended by adding a new section 368-a
to read as follows:
S 368-A. BURIAL RIGHTS OF CERTAIN VETERANS. 1. FOR THE PURPOSES OF
THIS SECTION, "AGENT IN CONTROL OF THE DISPOSITION OF REMAINS" MEANS THE
PERSON RESPONSIBLE OR DESIGNATED TO CONTROL THE DISPOSITION OF A
DECEASED VETERAN'S REMAINS AS DEFINED AND OUTLINED IN SECTION FORTY-TWO
HUNDRED ONE OF THE PUBLIC HEALTH LAW WHO HAS KNOWLEDGE OF A VETERAN'S
DESIRE TO BE BURIED IN A VETERANS' CEMETERY AND CAN PROVIDE EVIDENCE OF
THE MILITARY SERVICE OF THE DECEDENT WHICH SHALL BE FURNISHED IN THE
MANNER AND FORM PRESCRIBED BY THE STATE DIRECTOR.
2. NOTWITHSTANDING ANY OTHER PROVISION OF LOCAL LAW, LAW, RULE OR
REGULATION TO THE CONTRARY, ANY AGENT IN CONTROL OF THE DISPOSITION OF
REMAINS MAY REQUEST THAT A DECEASED VETERAN BE BURIED IN A VETERANS'
CEMETERY.
S 2. Subparagraph (ix) of paragraph (a) of subdivision 2 of section
4201 of the public health law, as amended by chapter 401 of the laws of
2007, is amended to read as follows:
(ix) a close friend or relative who is reasonably familiar with the
decedent's wishes, including the decedent's religious or moral beliefs,
when no one higher on this list is reasonably available, willing, or
competent to act[, provided that such person has executed a written
statement pursuant to subdivision seven of this section]; or
S 3. This act shall take effect immediately.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11180-03-5