What's happening
This bill allows a veteran’s close friend or family member familiar with their wishes to request burial in a veterans’ cemetery.
Why it matters
Expands who can request a veteran’s burial in a veterans’ cemetery. By explicitly allowing a close friend or relative familiar with the veteran’s wishes to make this request, the bill ensures that veterans’ burial preferences are respected, even if no direct next of kin is available.
Removes bureaucratic barriers for friends and relatives. The bill eliminates the previous requirement for such individuals to have executed a written statement, making it easier and faster for someone familiar with the veteran’s wishes to act on their behalf.
Recognizes non-family relationships and chosen families. This change acknowledges that not all veterans have immediate family or legally designated representatives, and empowers those who knew their wishes best—whether family or close friends—to fulfill them.
May reduce unclaimed or disputed burials. By broadening eligibility to request burial, the bill could decrease instances where veterans’ bodies remain unclaimed or where burial wishes are delayed or contested due to lack of authorized representatives.
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Who cares
Headline styles
Let Friends Request Veteran Burials
Plain English, a few words. Used as the page title.
Sponsors
2 Co-sponsors
History
- Referred to veterans, homeland security and military affairs
- Returned to senate
- Died in assembly
- Referred to veterans' affairs
- Delivered to assembly
- Passed senateVote 62–0
- Ordered to third reading cal.1411
- Committee discharged and committed to rules
- 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 Arrange Veteran Burials
In Assembly Committee · Veterans' Affairs · Sponsor Albert A. Stirpe
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
1167
2019-2020 Regular Sessions
IN SENATE
January 11, 2019
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.
LBD07049-01-9
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 reason- ably 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 disposi- tion 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.