BILL NUMBER: S1009
SPONSOR: BROUK
 
TITLE OF BILL:
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
 
PURPOSE OR GENERAL IDEA OF BILL:
To allow for a close friend to sign for a veteran's burial rights in a
cemetery in certain circumstances.
 
SUMMARY OF SPECIFIC PROVISIONS:
Section 1 would allow the "agent in control of the disposition of
remains" who has knowledge of a veteran's desire to be buried in a
veterans' cemetery, to request that a deceased veteran be buried in a
veteran's cemetery.
Section 2 allows a close friend or relative who is reasonably familiar
with the deceased's wishes to act as the agent in control of the dispo-
sition of remains, when no one higher on the list is reasonably avail-
able, willing, or competent to act.
Section 3 sets the effective date immediately.
 
JUSTIFICATION:
Many veterans wish to be buried in Veteran Memorial Cemeteries. In a
case where a veteran has no living family or no family is known or can
be found, the deceased veteran will have no "next of kin" available to
sign off on paper work as it pertains to burial rights. This bill would
allow for, in certain circumstances, a friend or neighbor to sign off
for a veteran's burial rights when no next of kin is available.
This issue was brought up when an Ontario County Veteran passed away,
with no surviving family to sign off on his burial rights. A friend of
the veteran was informed prior to the death, that the veteran wished to
be buried at the Sampson Veterans Memorial Cemetery. Due to the language
of the law, this veteran could not be buried at the facility. This
dilemma is one faced in many counties across New York State. This
legislation will correct this predicament.
 
PRIOR LEGISLATIVE HISTORY:
2021-22: S4344 Passed Senate.
2023-24: S5530 Passed Senate.
 
FISCAL IMPLICATIONS:
None.
 
EFFECTIVE DATE:
This act shall take effect immediately.

Statutes affected:
S1009: 4201 public health law, 4201(2) public health law