§ 9. New York state veteran burial fund. 1. As used in 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. The term "interment" means the disposition
of remains as defined in paragraph (g) of section fifteen hundred two of
the not-for-profit corporation law. The term "burial" shall include the
process as defined in paragraph (e) of section fifteen hundred two of
the not-for-profit corporation law.

2. As provided in subdivision nineteen of section four of this
article, there is hereby established within the department a New York
state veterans burial fund for honorably discharged members of the
uniformed services of the United States who were residents of New York
state at the time of his or her death who (i) were honorably discharged
from such service, or (ii) had a qualifying condition, as defined in
section one of this article, and received a discharge other than bad
conduct or dishonorable from such service, or (iii) were discharged LGBT
veterans, as defined in section one of this article, and received a
discharge other than bad conduct or dishonorable from such service.

(a) Eligible recipients under this program shall be those who bore the
cost of the funeral as the agent in control of the disposition of
remains. An application shall be made available to an eligible
recipient. Any applicant convicted of making any false statement in the
application for the reimbursement shall be subject to the penalties
prescribed in the penal law.

(b) Such optional burial allowance is a reimbursement of an eligible
decedent's burial and interment costs not to exceed two thousand five
hundred dollars in a New York state not-for-profit cemetery. The
reimbursement is generally available as a plot interment allowance. Any
allowance granted by the government of the United States, pursuant to 38
U.S.C. §§ 2302, 2303, 2306, 2307 and 2308 or 10 U.S.C. § 1482 shall be
first applied toward interment costs. An additional allowance of up to
the cost of the actual burial and interment as provided under
subdivision nineteen of section four of this article may be awarded to
cover any remaining expenses.

(c) Evidence of the military service of the decedent for each case
shall be furnished in the manner and form prescribed by the state
commissioner; upon being satisfied that the facts in the application are
true, the state commissioner shall certify to the state comptroller the
name and address of such agent in control of the disposition of remains
for reimbursement as provided in this section.