NY State Senate Bill S5530

Current Bill Status - Passed Senate

Introduced
In Committee
On Floor Calendar
- Passed Senate
- Passed Assembly
Delivered to Governor
Signed/Vetoed by Governor

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Actions

view actions (6)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 24, 2023	referred to veterans' affairs delivered to assembly passed senate
May 22, 2023	ordered to third reading cal.1104 committee discharged and committed to rules
Mar 07, 2023	referred to veterans, homeland security and military affairs

Votes

Co-Sponsors

S5530 (ACTIVE) - Details

See Assembly Version of this Bill:: A1664
Law Section:: Veterans' Service Law
Laws Affected:: Add §27-a, Veterans' Services L; amd §4201, Pub Health L
Versions Introduced in Other Legislative Sessions:: 2015-2016: S5570, A7932
2017-2018: S829, A3083
2019-2020: S1167, A9808
2021-2022: S4344, A6302

S5530 (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.

S5530 (ACTIVE) - Sponsor Memo

 
BILL NUMBER: S5530

SPONSOR: BROUK
 
TITLE OF BILL:

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

 
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 deceased's wishes to act as the agent in control of the dispo-
sition of remains, when no one higher on the list is reasonably avail-
able, willing, or competent to act.

Section 3 sets the effective date immediately.

 
JUSTIFICATION:

Many veterans wish to be buried in Veteran Memorial Cemeteries. 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 his 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 Cemetery. 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:

2021/2022: S4344. Passed Senate. Delivered to Assembly. Referred to
veterans' affairs.

2020: S1167/A9808- Died in Senate Veterans, Homeland Security and Mili-
tary Affairs, Died in Assembly Veterans' Affairs.

2019: S1167/A9808- Passed Senate, Died in Assembly Veterans' Affairs.

 
FISCAL IMPLICATIONS:

None.
 
EFFECTIVE DATE:
This act shall take effect immediately.

S5530 (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5530
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                               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:
 
   Section  1.  The  veterans'  services  law  is amended by adding a new
 section 27-a to read as follows:
   § 27-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 COMMISSIONER.
   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.
   §  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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01795-01-3

 S. 5530                             2
 
   §  3.  This act shall take effect immediately; provided, however, that
 if section 2 of part PP of chapter 56 of the laws of 2022 shall not have
 taken effect on or before such date then this act shall take  effect  on
 the same date and in the same manner as such chapter of the laws of 2022
 takes effect.

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The New York State Senate

senate Bill S5530

Sponsored By

Current Bill Status - Passed Senate

Your Voice

Actions

Votes

May 24, 2023 - floor Vote

Floor Vote: May 24, 2023

May 22, 2023 - Rules committee Vote

Rules Committee Vote: May 22, 2023

Co-Sponsors

S5530 (ACTIVE) - Details

S5530 (ACTIVE) - Summary

S5530 (ACTIVE) - Sponsor Memo

S5530 (ACTIVE) - Bill Text download pdf

Comments

senate Bill S5530

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Sponsored By

Samra G. Brouk

Current Bill Status - Passed Senate

Your Voice

Actions

Votes

May 24, 2023 - floor Vote

Floor Vote: May 24, 2023

May 22, 2023 - Rules committee Vote

Rules Committee Vote: May 22, 2023

Co-Sponsors

Joseph P. Addabbo Jr

Pete Harckham

Pamela Helming

Steven D. Rhoads

Daniel G. Stec

S5530 (ACTIVE) - Details

S5530 (ACTIVE) - Summary

S5530 (ACTIVE) - Sponsor Memo

S5530 (ACTIVE) - Bill Text download pdf

Comments