Bill Text: NY A03083 | 2017-2018 | General Assembly | Introduced


Bill Title: 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.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2018-01-03 - referred to veterans' affairs [A03083 Detail]

Download: New_York-2017-A03083-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          3083
                               2017-2018 Regular Sessions
                   IN ASSEMBLY
                                    January 26, 2017
                                       ___________
        Introduced  by  M.  of  A.  DenDEKKER  --  read once and referred to the
          Committee on Veterans' 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:
     1    Section  1. The executive law is amended by adding a new section 368-a
     2  to read as follows:
     3    § 368-a. Burial rights of certain veterans.   1. For the  purposes  of
     4  this section, "agent in control of the disposition of remains" means the
     5  person  responsible  or  designated  to  control  the  disposition  of a
     6  deceased veteran's remains as defined and outlined in section  forty-two
     7  hundred  one  of  the public health law who has knowledge of a veteran's
     8  desire to be buried in a veterans' cemetery and can provide evidence  of
     9  the  military  service  of  the decedent which shall be furnished in the
    10  manner and form prescribed by the state director.
    11    2. Notwithstanding any other provision of  local  law,  law,  rule  or
    12  regulation  to  the contrary, any agent in control of the disposition of
    13  remains may request that a deceased veteran be  buried  in  a  veterans'
    14  cemetery.
    15    §  2.  Subparagraph  (ix) of paragraph (a) of subdivision 2 of section
    16  4201 of the public health law, as amended by chapter 401 of the laws  of
    17  2007, is amended to read as follows:
    18    (ix)  a  close  friend or relative who is reasonably familiar with the
    19  decedent's wishes, including the decedent's religious or moral  beliefs,
    20  when  no  one  higher  on this list is reasonably available, willing, or
    21  competent to act[, provided that such  person  has  executed  a  written
    22  statement pursuant to subdivision seven of this section]; or
    23    § 3. This act shall take effect immediately.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04270-01-7
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