S T A T E O F N E W Y O R K
________________________________________________________________________
11294
I N A S S E M B L Y
May 8, 2026
___________
Introduced by COMMITTEE ON RULES -- (at request of M. of A. Stern) --
read once and referred to the Committee on Veterans' Affairs
AN ACT to amend the veterans' services law, in relation to the appoint-
ment of the memorial affairs coordinator; to amend the general munici-
pal law, in relation to the burial indigent members of the uniformed
services of the United States; and to amend the public health law, in
relation to the disposition of the remains of veterans
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 arti-
cle 4 to read as follows:
ARTICLE 4
MEMORIAL AFFAIRS
SECTION 44. MEMORIAL AFFAIRS COORDINATOR.
§ 44. MEMORIAL AFFAIRS COORDINATOR. 1. AS USED IN THIS SECTION, THE
FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
(A) "BURIAL" MEANS ALL THE LEGAL METHODS OF DISPOSING OF THE REMAINS
OF A DECEASED PERSON, INCLUDING, BUT NOT LIMITED TO, CREMATION, BURIAL
AT SEA, AND MEDICAL SCHOOL DONATION;
(B) "CUSTODIAN" MEANS ANY PERSON, ORGANIZATION, OR STATE OR LOCAL
GOVERNMENT AGENCY IN POSSESSION OF HUMAN REMAINS, SUCH AS A FUNERAL
DIRECTOR, UNDERTAKER OR FUNERAL FIRM, MEDICAL EXAMINER OR CORONER, LAW
ENFORCEMENT AGENCIES, OR MEDICAL, EDUCATIONAL, AND CORRECTIONAL FACILI-
TIES;
(C) "DIGNIFIED BURIAL" MEANS A DECEASED PERSON'S REMAINS ARE INTERRED
IN A FINAL RESTING PLACE, INCLUDING BUT NOT LIMITED TO A NATIONAL CEME-
TERY, A STATE VETERAN'S CEMETERY, OR A PRIVATE CEMETERY;
(D) "ELIGIBLE PERSON" MEANS ANY SERVICE MEMBER OR VETERAN OR SPOUSE,
CHILD, PARENT OR OTHER RELATION OF A SERVICE MEMBER OR VETERAN ELIGIBLE
FOR BURIAL BENEFITS UNDER CHAPTERS 23 AND 24 OF TITLE 38 OF THE UNITED
STATES CODE OR ANY PROVISION OF STATE LAW OR LOCAL LAW; AND
(E) "LOCAL COORDINATORS" MEANS A PERSON, ASSOCIATION OR COMMISSION
DESIGNATED UNDER SECTION ONE HUNDRED FORTY-EIGHT OF THE GENERAL MUNICI-
PAL LAW.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD15813-01-6
A. 11294 2
2. THE STATE COMMISSIONER SHALL APPOINT A "MEMORIAL AFFAIRS COORDINA-
TOR" WHOSE GENERAL DUTIES SHALL INCLUDE:
(A) SERVING AS A LIAISON BETWEEN THE UNITED STATES DEPARTMENT OF
VETERANS AFFAIRS, RELEVANT STATE AND LOCAL AGENCIES, CUSTODIANS, AND
LOCAL COORDINATORS TO FACILITATE THE DIGNIFIED BURIAL OF DECEASED
SERVICE MEMBERS, VETERANS AND OTHER ELIGIBLE PERSONS IN THE STATE;
(B) PROVING INFORMATION TO CUSTODIANS REGARDING THE FUNERAL, BURIAL
AND MEMORIAL BENEFITS AVAILABLE FOR THE BURIAL OF ELIGIBLE PERSONS AND
TO OUTLINE PROCEDURES TO BE FOLLOWED;
(C) DEVELOPING AND MAINTAINING A CLEARINGHOUSE OF INFORMATION AND
RESOURCES FOR SURVIVORS OF DECEASED SERVICE MEMBERS, VETERANS AND OTHER
ELIGIBLE PERSONS, REGARDING FEDERAL, STATE AND LOCAL BENEFITS THAT
ASSIST WITH FUNERAL, BURIAL AND MEMORIAL COSTS;
(D) CONDUCTING OUTREACH TO VETERANS SERVICE ORGANIZATIONS FOR THE
PURPOSE OF ENCOURAGING THE PARTICIPATION OF SUCH ORGANIZATIONS IN FUNER-
AL AND BURIAL SERVICES AS PROVIDED IN SECTION ONE HUNDRED FORTY-EIGHT OF
THE GENERAL MUNICIPAL LAW AND SECTION FORTY-TWO HUNDRED THREE OF THE
PUBLIC HEALTH LAW AND CONNECTING SUCH ORGANIZATIONS TO CUSTODIANS AND
LOCAL COORDINATORS. THE MEMORIAL AFFAIRS COORDINATOR SHALL MAINTAIN A
LIST OF VETERANS SERVICE ORGANIZATIONS THAT HAVE AGREED TO BE AVAILABLE
TO PROVIDE SUCH SERVICES AND THE AREAS OF THE STATE IN WHICH SUCH ORGAN-
IZATIONS OPERATE. SUCH LIST SHALL BE MADE AVAILABLE TO CUSTODIANS AND
LOCAL COORDINATORS;
(E) PROVIDING TRAINING AND ASSISTANCE TO LOCAL COORDINATORS REGARDING
THEIR DUTIES AND RESPONSIBILITIES UNDER SECTION ONE HUNDRED FORTY-EIGHT
OF THE GENERAL MUNICIPAL LAW, ALL TRAINING COURSES SHALL BE DEVELOPED BY
THE MEMORIAL AFFAIRS COORDINATOR AND AN INITIAL COURSE OF TRAINING SHALL
BE SCHEDULED FOR LOCAL COORDINATORS WITHIN NINETY DAYS OF THE DEPART-
MENT'S RECEIPT OF THE NOTIFICATION PROVIDED BY A LOCAL COORDINATOR UNDER
SECTION ONE HUNDRED FORTY-EIGHT OF THE GENERAL MUNICIPAL LAW, THEREAFTER
ALL LOCAL COORDINATORS SHALL ANNUALLY RECEIVE SUPPLEMENTAL TRAININGS
PROVIDED BY THE DEPARTMENT.
(F) DEVELOPING A STATEWIDE PROGRAM FOR THE PURPOSE OF SUPPORTING COUN-
TIES AND THE CITY OF NEW YORK IN PROVIDING AND MAINTAINING APPROPRIATE
HEADSTONES OR MARKERS UNDER SECTION ONE HUNDRED FORTY-EIGHT OF THE
GENERAL MUNICIPAL LAW INCLUDING ASSISTANCE WITH APPLICATIONS FOR HEAD-
STONES OR MARKERS AVAILABLE AT THE EXPENSE OF THE UNITED STATES UNDER
SECTION 2306 OF TITLE 38 OF THE UNITED STATES CODE; AND
(G) PLANNING OR PROMOTING EVENTS, ACTIVITIES, OR PROGRAMS THAT MEMORI-
ALIZE SERVICE MEMBERS AND VETERANS OR SUPPORT THE DEDICATION OR PRESER-
VATION OF MILITARY AND VETERAN MEMORIALS INCLUDING ENCOURAGING THE
PARTICIPATION OF LOCAL GOVERNMENTS IN THE VETERANS MEMORIAL REGISTRY
ESTABLISHED UNDER SECTION TWENTY-NINE-A OF THIS CHAPTER.
3. THE MEMORIAL AFFAIRS COORDINATOR SHALL:
(A) HELP FACILITATE THE DISPOSITION OF REMAINS PURSUANT TO THE PROGRAM
ESTABLISHED IN SECTION FORTY-TWO HUNDRED THREE OF THE PUBLIC HEALTH LAW;
(B) PROVIDE INFORMATION TO CUSTODIANS REGARDING POINTS OF CONTACT AND
RESOURCES AVAILABLE THROUGH THE UNITED STATES DEPARTMENT OF VETERANS
AFFAIRS FOR ASSISTING WITH RESEARCHING VETERAN STATUS FOR INDIGENT AND
DECEASED VETERANS WHOSE REMAINS ARE UNCLAIMED;
(C) DEVELOP AND DISSEMINATE TO CUSTODIANS UNIFORM GUIDELINES, PROCE-
DURES AND BEST PRACTICES FOR IDENTIFYING DECEASED INDIVIDUALS AS ELIGI-
BLE PERSONS, LOCATING THE NEXT OF KIN OF AN ELIGIBLE PERSON AND FACILI-
TATING THE BURIAL OF SUCH PERSONS;
A. 11294 3
(D) COORDINATE AND IMPLEMENT DATA-SHARING AGREEMENTS WITH FEDERAL,
STATE AND LOCAL GOVERNMENT AGENCIES AND PRIVATE ENTITIES TO IDENTIFY
VETERANS AND OTHER ELIGIBLE PERSONS WHOSE REMAINS ARE UNCLAIMED; AND
(E) DEVELOP A COMPREHENSIVE ESTIMATE OF ALL DECEASED VETERANS AND
OTHER ELIGIBLE PERSONS WHOSE REMAINS ARE UNCLAIMED AWAITING BURIAL IN
THE STATE AND A PLAN FOR FACILITATING THE INTERNMENT OF SUCH PERSONS.
4. THE ANNUAL REPORT REQUIRED BY SUBDIVISION SEVENTEEN OF SECTION FOUR
OF THIS CHAPTER SHALL CONTAIN A DESCRIPTION OF THE ACTIVITIES OF THE
MEMORIAL AFFAIRS COORDINATORS' ACTIVITIES UNDERTAKEN SINCE THE LAST
ANNUAL REPORT, THE NUMBER OF BURIALS FACILITATED BY THE MEMORIAL AFFAIRS
COORDINATOR PURSUANT TO THIS SECTION OR REPORTED TO THE COORDINATOR
UNDER SECTION ONE HUNDRED FORTY-EIGHT OF THE GENERAL MUNICIPAL LAW OR
SECTION FORTY-TWO HUNDRED THREE OF THE PUBLIC HEALTH LAW AND ANY RECOM-
MENDATIONS OF THE DEPARTMENT FOR THE IMPROVEMENT OF THE PROGRAMS ESTAB-
LISHED UNDER THIS SECTION OR THE ADMINISTRATION OF FUNERAL, BURIAL AND
MEMORIAL BENEFITS TO ELIGIBLE PERSONS BY THE STATE.
§ 2. Paragraphs (a) and (d) of subdivision 1 of section 148 of the
general municipal law, paragraph (a) as amended by section 62 of part
PP of chapter 56 of the laws of 2022, and paragraph (d) as amended by
chapter 613 of the laws of 1986, are amended to read as follows:
(a) The [board of supervisors] GOVERNING BODY in each of the counties,
[or the board of estimate] AND THE GOVERNING BODY in the city of New
York, shall designate some proper person, association or commission,
other than that designated for the care of burial of public charges or
criminals, who shall cause to be interred the body of any member of the
uniformed services of the United States who (i) was honorably discharged
from such service or (ii) had a qualifying condition, as defined in
section one of the veterans' services law, and received a discharge
other than bad conduct or dishonorable from such service, or (iii) was a
discharged LGBT veteran, as defined in section one of the veterans'
services law, and received a discharge other than bad conduct or
dishonorable from such service, or the body of any minor child or either
parent, or the spouse or unremarried surviving spouse of any such member
of the uniformed services of the United States, if such person shall
hereafter die in a county or in the city of New York without leaving
sufficient means to defray [his or her] THEIR funeral expenses.
(d) Such interment shall not be made in a cemetery or cemetery plot
used exclusively for the burial of needy persons deceased, and the
[board of supervisors] GOVERNING BODY of each county [is] AND THE CITY
OF NEW YORK ARE hereby authorized and empowered to purchase and acquire
lands, or to appropriate money for the purchase and acquisition of
lands, for a cemetery or cemetery plot for the burial of any such
persons and also to provide for the care, maintenance or improvement of
any cemetery or plot where such persons are buried or may hereafter be
buried.
§ 3. Paragraph (e) of subdivision 1-a of section 148 of the general
municipal law, as added by chapter 29 of the laws of 2016, is amended
to read as follows:
(e) A congressionally chartered veterans' organization determining in
good faith that it cannot financially bear the costs of the requested
funeral and burial services as described in paragraph (b) of this subdi-
vision, and declaring in good faith to the requesting county or the city
of New York that the organization is unable to pay for these expenses,
shall not be required by the county or the city of New York to initially
fund these requested services. THE PERSON, ASSOCIATION OR COMMISSION,
DESIGNATED PURSUANT TO THIS SECTION SHALL NOTIFY THE MEMORIAL AFFAIRS
A. 11294 4
COORDINATOR AND THE DIRECTOR OF THE UNITED STATES DEPARTMENT OF VETERANS
AFFAIRS REGIONAL OFFICE FOR THE AREA IN WHICH THE VETERAN DIED AND,
PURSUANT TO EXISTING PROGRAMS, WORK WITH SUCH COORDINATOR OR DIRECTOR TO
IMMEDIATELY COMPLETE ARRANGEMENTS FOR BURIAL OF SUCH VETERAN IN A
NATIONAL CEMETERY OR, STATE OR TRIBAL VETERANS CEMETERY.
§ 4. Paragraphs (c) and (e) of subdivision 2 of section 148 of the
general municipal law, paragraph (c) as amended by chapter 265 of the
laws of 1990, and paragraph (e) as amended by chapter 322 of the laws of
2021, are amended to read as follows:
(c) Such headstone shall be of such design and material as shall be
approved by the [board of supervisors] GOVERNING BODY OF THE COUNTY OR
THE CITY OF NEW YORK. THE MEMORIAL AFFAIRS COORDINATORS SHALL ISSUE
GUIDELINES FOR GOVERNING BODIES IN APPROVING SUCH HEADSTONES.
(e) The [board of supervisors] GOVERNING BODY of the county OR THE
CITY OF NEW YORK of which such deceased person was a resident at the
time of [his or her] death is hereby authorized and directed to audit
the account and pay the expenses of such burial and headstone, and a
reasonable sum for the services and necessary expenses of the person,
ASSOCIATION or commission so designated. In case such person shall be at
the time of [his or her] death an incarcerated individual of any state
institution, including state hospitals and soldiers' homes, or any
institution, supported by the state and supported by public expense
therein, the expense of such burial and headstone shall be a charge upon
the county of [his or her] THEIR legal residence.
§ 5. Subdivision 3 of section 148 of the general municipal law, as
added by chapter 871 of the laws of 1948, is amended and a new subdivi-
sion 4 is added to read as follows:
3. Reports. (A) It shall be the duty of the person, ASSOCIATION, or
commission in this section provided, [prior to the annual meeting of the
board of supervisors to] TO PROMPTLY INFORM THE COMMISSIONER OF VETER-
ANS' SERVICES OF THEIR DESIGNATION OR APPOINTMENT BY THE GOVERNING BODY
PURSUANT TO SUBDIVISION ONE-A OF THIS SECTION, IN A FORM AND MANNER TO
BE PRESCRIBED BY THE COMMISSIONER.
(B) THE PERSON, ASSOCIATION, OR COMMISSION IN THIS SECTION PROVIDED,
SHALL make an annual report to such [board of supervisors] GOVERNING
BODY of all the applications since the last annual report for burial and
the erection of tombstones as provided herein, together with the amounts
allowed. All applications herein referred to shall accompany said annual
report and be placed and kept on file with the [board of supervisors]
GOVERNING BODY. A COPY OF THE ANNUAL REPORT SHALL BE TRANSMITTED TO THE
MEMORIAL AFFAIRS COORDINATOR AND COPIES OF ANY APPLICATIONS HEREIN
REFERRED SHALL BE MADE AVAILABLE TO THE COORDINATOR UPON REQUEST.
4. DEFINITIONS. AS USED IN THIS SECTION:
(A) "GOVERNING BODY" MEANS THE BOARD OF SUPERVISORS OR THE ELECTED
COUNTY LEGISLATIVE BODY OF A COUNTY OR THE CITY COUNCIL IN THE CITY OF
NEW YORK; AND
(B) "MEMORIAL AFFAIRS COORDINATOR" OR "COORDINATOR" SHALL MEAN THE
MEMORIAL AFFAIRS COORDINATOR OF THE DEPARTMENT OF VETERANS' SERVICES
APPOINTED UNDER SECTION FORTY-FOUR OF THE VETERANS' SERVICES LAW.
§ 6. Paragraph (f) of subdivision 1 of section 4203 of the public
health law, as amended by chapter 444 of the laws of 2010, is amended
and two new paragraphs (g) and (h) are added to read as follows:
(f) "local veterans' service agencies" shall [have the meaning set
forth in section three hundred fifty-seven of the executive law] MEAN A
COUNTY OR A CITY VETERANS' SERVICE AGENCY ESTABLISHED UNDER SECTION
FOURTEEN OF THE VETERANS' SERVICES LAW.
A. 11294 5
(G) "STATE VETERANS' CEMETERIES" MEANS A CEMETERY ESTABLISHED UNDER
SECTION TWENTY-FOUR OF THE VETERANS' SERVICES LAW.
(H) "MEMORIAL AFFAIRS COORDINATOR" OR "COORDINATOR" SHALL MEAN THE
MEMORIAL AFFAIRS COORDINATOR OF THE DEPARTMENT OF VETERANS' SERVICES
APPOINTED UNDER SECTION FORTY-FOUR OF THE VETERANS' SERVICES LAW.
§ 7. Paragraph (a) of subdivision 3 of section 4203 of the public
health law, as amended by chapter 34 of the laws of 2023, is amended to
read as follows:
(a) Notwithstanding any law or regulation to the contrary, nothing in
this section shall prevent a funeral director, undertaker or funeral
firm from sharing information with the United States department of
veterans affairs (VA), THE DEPARTMENT OF VETERANS' SERVICES, a local
veterans' service agency, a veterans' service organization, a national
cemetery, or county veterans cemetery for the purpose of determining
whether the cremated or naturally organically reduced remains are those
of a veteran. IF A FUNERAL DIRECTOR, UNDERTAKER OR FUNERAL FIRM HAS
REASON TO BELIEVE THAT THE REMAINS BELONG TO A VETERAN OR OTHER ELIGIBLE
PERSON AS DEFINED IN SECTION FORTY-FOUR OF THE VETERANS' SERVICES LAW,
THE FUNERAL DIRECTOR, UNDERTAKER OR FUNERAL FIRM SHALL AT A MINIMUM
NOTIFY THE DEPARTMENT OF VETERANS' SERVICES.
§ 8. Paragraph (b) of subdivision 4 of section 4203 of the public
health law, as added by chapter 444 of the laws of 2010, is amended and
a new paragraph (c) is added to read as follows:
(b) The method of disposition shall be made pursuant to section
forty-two hundred two of this title in a national cemetery, a county
veterans cemetery, A STATE VETERANS CEMETERY, a section of a cemetery
corporation where veterans are memorialized by a veteran's marker if
eligible, a veterans' section of a cemetery corporation or a veterans'
cemetery if the deceased veteran is eligible for interment in such a
manner.
(C) IF A FUNERAL DIRECTOR, UNDERTAKER OR FUNERAL FIRM DOES NOT RELIN-
QUISH POSSESSION OF THE CREMATED OR NATURALLY ORGANICALLY REDUCED
REMAINS TO A VETERANS' SERVICE ORGANIZATION, SUCH FUNERAL DIRECTOR,
UNDERTAKER OR FUNERAL FIRM SHALL, BEFORE DISPOSING OF THE REMAINS,
NOTIFY THE MEMORIAL AFFAIRS COORDINATOR AND THE DIRECTOR OF THE UNITED
STATES DEPARTMENT OF VETERANS AFFAIRS REGIONAL OFFICE FOR THE AREA IN
WHICH THE VETERAN DIED AND WORK WITH SUCH COORDINATOR OR DIRECTOR TO
IMMEDIATELY COMPLETE ARRANGEMENTS FOR BURIAL OF SUCH VETERAN IN A
NATIONAL CEMETERY OR, STATE OR TRIBAL VETERANS CEMETERY.
§ 9. Subdivisions 6 and 7 of section 4203 of the public health law, as
amended by chapter 34 of the laws of 2023, are amended to read as
follows:
6. The estate of the decedent shall be responsible for reimbursing a
funeral director, undertaker, funeral firm or veterans' service organ-
ization for all reasonable expenses incurred in relation to the disposi-
tion of such cremated or naturally organically reduced remains. WHERE
THE DECEDENT HAS DIED WITHOUT LEAVING SUFFICIENT MEANS TO DEFRAY THE
COST OF FUNERAL AND BURIAL EXPENSES, THE MEMORIAL AFFAIRS COORDINATOR
SHALL OFFER ASSISTANCE TO A FUNERAL DIRECTOR, UNDERTAKER, FUNERAL FIRM
OR VETERANS' SERVICE ORGANIZATION IN OBTAINING ANY REIMBURSEMENT TO
WHICH SUCH INDIVIDUALS OR ORGANIZATIONS MAY BE ENTITLED UNDER FEDERAL OR
STATE LAW.
7. A funeral director, undertaker or funeral firm shall establish and
maintain a record identifying the veterans' service organization receiv-
ing the cremated or naturally organically reduced remains and the site
designated for final disposition of the cremated or naturally organ-
A. 11294 6
ically reduced remains. A COPY OF SUCH RECORD SHALL BE TRANSMITTED TO
THE MEMORIAL AFFAIRS COORDINATOR.
§ 10. Nothing in this act shall be construed as affecting the lawful
designation of a proper person, association or commission pursuant to
section 148 of the general municipal law made prior to the effective
date of this act. A person, association, or commission so designated
shall inform the commissioner of veterans' services of their desig-
nation, by the governing body of the county, or the board of estimate in
the city of New York or such other person or body lawfully acting in
place of the former board of estimate in the city of New York, in a form
and manner to be prescribed by the commissioner of veterans' services,
within thirty days of the effective date of this act.
§ 11. This act shall take effect on the one hundred twentieth day
after it shall have become a law. Effective immediately, the addition,
amendment and/or repeal of any rule or regulation necessary for the
implementation of this act on its effective date are authorized to be
made and completed on or before such effective date.