Bill Text: NY S05570 | 2015-2016 | General Assembly | Amended

New York Senate Bill 5570 (Prior Session Legislation)

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 (Republican 1-0)

Status: (Engrossed - Dead) 2016-06-07 - referred to veterans' affairs [S05570 Detail]

Download: New_York-2015-S05570-Amended.html

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        5570--A
           Cal. No. 1029
                              2015-2016 Regular Sessions
                                   I N  S E N A T E
                                     May 14, 2015
                                      ___________
       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 -- reported  favorably  from  said  committee,
         ordered  to  first  and  second  report,  ordered  to a third reading,
         amended and ordered reprinted, retaining its place  in  the  order  of
         third reading
       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    S  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    S 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,
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD11180-02-5
       S. 5570--A                          2
    1  when no one higher on this list is  reasonably  available,  willing,  or
    2  competent  to  act[,  provided  that  such person has executed a written
    3  statement pursuant to subdivision seven of this section]; or
    4    S 3. This act shall take effect immediately.