Senate Bill S1167

2019-2020 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

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Sponsored By

Archive: Last Bill Status - In Senate Committee Veterans, Homeland Security And Military Affairs 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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2019-S1167 (ACTIVE) - Details

See Assembly Version of this Bill:
A9808
Current Committee:
Senate Veterans, Homeland Security And Military Affairs
Law Section:
Executive Law
Laws Affected:
Add §368-a, Exec L; amd §4201, Pub Health L
Versions Introduced in Other Legislative Sessions:
2015-2016: S5570, A7932
2017-2018: S829, A3083
2021-2022: S4344, A6302
2023-2024: S5530, A1664

2019-S1167 (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.

2019-S1167 (ACTIVE) - Sponsor Memo

2019-S1167 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1167
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             January 11, 2019
                                ___________
 
 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 368-a
 to read as follows:
   § 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.
   §  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
   § 3. This act shall take effect immediately.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

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