What's happening
This bill allows a veteran's close friend or family member to request burial in a veterans' cemetery based on the veteran's wishes.
Why it matters
Expands who can make burial decisions for veterans. By allowing a close friend (not just family or legal next-of-kin) who knows the veteran’s wishes to request burial in a veterans' cemetery, the bill recognizes non-traditional relationships and honors the veteran’s actual preferences.
Reduces bureaucratic hurdles. The bill removes the previous requirement for a written statement from a close friend or relative, potentially making it easier and faster for someone familiar with the veteran’s wishes to act on their behalf—important in time-sensitive burial decisions.
Ensures veterans’ wishes are respected. The bill places value on a veteran’s expressed desires, even when those wishes are known only to a friend or extended family, helping prevent situations where a veteran’s burial preference is ignored due to lack of formal documentation or absence of immediate family.
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Who cares
Headline styles
Let Friends Request Veterans' Burials
Plain English, a few words. Used as the page title.
Sponsors
Senator · Senate District 55
History
- Referred to veterans' affairs
- Delivered to assembly
- Passed senateVote 60–0
- Advanced to third reading
- 2nd report cal.
- 1st report cal.508
- Referred to veterans, homeland security and military affairs
- Returned to senate
- Died in assembly
- Referred to veterans' affairs
- Delivered to assembly
- Passed senateVote 60–0
Show 4 earlier actions
- Advanced to third reading
- 2nd report cal.
- 1st report cal.47
- Referred to veterans, homeland security and military affairs
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Let Friends Request Veteran Burials
In Assembly Committee · Veterans' Affairs · Sponsor Michael DenDekker
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
829
2017-2018 Regular Sessions
IN SENATE
January 5, 2017
Introduced by Sen. FUNKE -- read twice and ordered printed, and when printed to be committed to the Committee on Veterans, Homeland Security and Military 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 Assembly, do enact as follows:
Section 1. The executive law is amended by adding a new section 368-a to read as follows:
§ 368-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 director.
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
§ 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
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
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
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 decedents wishes to act as the agent in control of the disposition of remains, when no one higher on the list is reasonably available, 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 the State. This legislation will correct this predicament.
Prior legislative history
New Bill
Fiscal implications
None.
Effective date
This act shall take effect immediately
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.