S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1664
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 17, 2023
                                ___________
 
 Introduced by M. of A. STIRPE -- read once and referred to the Committee
   on Veterans' 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
 A. 1664                             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.