NY State Senate Bill 2015-S5570

Senate Bill S5570

2015-2016 Legislative Session

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

download bill text pdf

Archive: Last Bill Status - In Assembly Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 07, 2016	referred to veterans' affairs delivered to assembly passed senate
May 05, 2016	advanced to third reading
May 04, 2016	2nd report cal.
May 03, 2016	1st report cal.625
Jan 06, 2016	referred to veterans, homeland security and military affairs
Jun 25, 2015	committed to rules
Jun 08, 2015	amended on third reading 5570a
Jun 02, 2015	advanced to third reading
Jun 01, 2015	2nd report cal.
May 28, 2015	1st report cal.1029
May 14, 2015	referred to veterans, homeland security and military affairs

Votes

- Jun 7, 2016 - Floor Vote
  S5570
  
  61
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  2
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 7, 2016
      
      aye (61)
      
      Addabbo Jr.
      
      Akshar
      
      Amedore
      
      Avella
      
      Bonacic
      
      Boyle
      
      Breslin
      
      Carlucci
      
      Comrie
      
      Croci
      
      DeFrancisco
      
      Dilan
      
      Espaillat
      
      Farley
      
      Felder
      
      Flanagan
      
      Funke
      
      Gallivan
      
      Gianaris
      
      Golden
      
      Griffo
      
      Hamilton
      
      Hannon
      
      Hassell-Thompson
      
      Hoylman-Sigal
      
      Kaminsky
      
      Kennedy
      
      Klein
      
      Krueger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Latimer
      
      Little
      
      Marcellino
      
      Marchione
      
      Martins
      
      Montgomery
      
      Murphy
      
      Nozzolio
      
      O'Mara
      
      Ortt
      
      Panepinto
      
      Parker
      
      Peralta
      
      Perkins
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Sanders Jr.
      
      Savino
      
      Serino
      
      Serrano
      
      Seward
      
      Squadron
      
      Stavisky
      
      Stewart-Cousins
      
      Valesky
      
      Venditto
      
      Young
      
      excused (2)
      
      Diaz
      
      Persaud
  May 3, 2016 - Veterans, Homeland Security And Military Affairs Committee Vote
  S5570
  
  12
  
  Aye
  
  0
  
  Nay
  
  1
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Veterans, Homeland Security And Military Affairs Committee Vote: May 3, 2016
      
      aye (12)
      
      Amedore
      
      Carlucci
      
      Comrie
      
      Croci
      
      Felder
      
      Golden
      
      Larkin
      
      Marchione
      
      Ortt
      
      Panepinto
      
      Sanders Jr.
      
      Serrano
      
      aye wr (1)
      
      Addabbo Jr.

Bill Amendments

Original

A (Active)

2015-S5570 - Details

Current Committee:: Assembly Veterans
Law Section:: Executive Law
Laws Affected:: Add §369, Exec L; amd §4201, Pub Health L
Versions Introduced in 2015-2016 Legislative Session:: S5570

2015-S5570 - Summary

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.

2015-S5570 - Sponsor Memo

                                BILL NUMBER:S5570

TITLE OF BILL:

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 reason-
ably familiar with such veteran's wishes to request that such veteran be
buried in a veterans' cemetery

PURPOSE OR GENERAL IDEA OF BILL:

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 would allow 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 allows a close friend or relative who is reasonably familiar
with the decedents wishes to act as the agent in control of the disposi-
tion of remains, when no one higher on the list is reasonably available,
willing, or competent to act.

Section 3 sets the effective date immediately.

JUSTIFICATION:

Many veterans wish to be buried in Veteran Memorial Cemetaries. In a
case where a veteran has no living family or no family is known or can
be found, the deceased veteran will have no "next of kin" available to
sign off on paper work as it pertains to burial rights.  This bill would
allow for, in certain circumstances, a friend or neighbor to sign off
for a veteran's burial rights when no next of kin is available.

This issue was brought up when an Ontario County Veteran passed away,
with no surviving family to sign off on the veterans burial rights. A
friend of the veteran was informed prior to the death, that the Veteran
wished to be buried at the Sampson Veterans Memorial Cemetary. Due to
the language of the law, this veteran could not be buried at the facili-
ty. This dilemma is one faced in many counties across the State. This
legislation will correct this predicament.

PRIOR LEGISLATIVE HISTORY:

New Bill

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

This act shall take effect immediately.

2015-S5570 - Bill Text download pdf

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

                                  5570

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                              May 14, 2015
                               ___________

Introduced  by  Sen.  FUNKE  -- read twice and ordered printed, and when
  printed to be committed to the Committee on Veterans, Homeland Securi-
  ty and Military 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 369 to
read as follows:
  S 369. 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.

                                                           LBD11180-01-5

2015-S5570A (ACTIVE) - Details

Current Committee:: Assembly Veterans
Law Section:: Executive Law
Laws Affected:: Add §369, Exec L; amd §4201, Pub Health L
Versions Introduced in 2015-2016 Legislative Session:: S5570

2015-S5570A (ACTIVE) - Summary

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.

2015-S5570A (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S5570A

TITLE OF BILL:

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

PURPOSE OR GENERAL IDEA OF BILL:

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 would allow 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 allows a close friend or relative who is reasonably familiar
with the decedents wishes to act as the agent in control of the
disposition of remains, when no one higher on the list is reasonably
available, willing, or competent to act.

Section 3 sets the effective date immediately.

JUSTIFICATION:

Many veterans wish to be buried in Veteran Memorial Cemetaries. In a
case where a veteran has no living family or no family is known or can
be found, the deceased veteran will have no "next of kin" available to
sign off on paper work as it pertains to burial rights.  This bill
would allow for, in certain circumstances, a friend or neighbor to
sign off for a veteran's burial rights when no next of kin is
available.

This issue was brought up when an Ontario County Veteran passed away,
with no surviving family to sign off on the veterans burial rights. A
friend of the veteran was informed prior to the death, that the
Veteran wished to be buried at the Sampson Veterans Memorial Cemetary.
Due to the language of the law, this veteran could not be buried at
the facility. This dilemma is one faced in many counties across the
State. This legislation will correct this predicament.

PRIOR LEGISLATIVE HISTORY:

New Bill

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

This act shall take effect immediately

2015-S5570A (ACTIVE) - Bill Text download pdf

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

                                 5570--A
    Cal. No. 1029

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                              May 14, 2015
                               ___________

Introduced  by  Sen.  FUNKE  -- read twice and ordered printed, and when
  printed to be committed to the Committee on Veterans, Homeland Securi-
  ty and Military Affairs -- reported  favorably  from  said  committee,
  ordered  to  first  and  second  report,  ordered  to a third reading,
  amended and ordered reprinted, retaining its place  in  the  order  of
  third reading

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,

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

                                                           LBD11180-02-5

S. 5570--A                          2

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.

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