New Jersey A 2493: Defines indigent veteran and veteran status for certain veteran interment purposes.

Bill Text

(Sponsorship Updated As Of: 2/2/2023)
ASSEMBLY, No. 2493

STATE OF NEW JERSEY
220th LEGISLATURE

INTRODUCED FEBRUARY 14, 2022

Sponsored by:
Assemblyman WAYNE P. DEANGELO
District 14 (Mercer and Middlesex)
Assemblywoman CLEOPATRA G. TUCKER
District 28 (Essex)
Assemblyman HERB CONAWAY, JR.
District 7 (Burlington)
Senator JOSEPH P. CRYAN
District 20 (Union)
Senator ANDREW ZWICKER
District 16 (Hunterdon, Mercer, Middlesex and Somerset)

Co-Sponsored by:
Assemblymen Space, Wirths, Assemblywomen Reynolds-Jackson,
Murphy, Speight, Assemblyman Moen, Assemblywoman Lopez, Senators
Cruz-Perez, Johnson, Durr and O'Scanlon

SYNOPSIS
Defines indigent veteran and veteran status for certain veteran interment
purposes.

CURRENT VERSION OF TEXT
As introduced.

A2493 DEANGELO, TUCKER
2

EXPLANATION – Matter enclosed in bold-faced brackets [thus] in the above bill is
not enacted and is intended to be omitted in the law.

Matter underlined thus is new matter.

AN ACT concerning the interment of indigent veterans and 1
amending R.S.38:17-1, R.S.38:17-3; R.S.38:17-4, and P.L.2013, 2
c.238. 3
4
BE IT ENACTED by the Senate and General Assembly of the State 5
of New Jersey: 6
7
1. R.S.38:17-1 is amended to read as follows: 8
38:17-1. The board of chosen freeholders in each of the counties 9
shall designate a proper authority, other than that designated by law 10
for the care of paupers and the custody of criminals, who shall 11
cause to be interred the bodies of all [honorably discharged] 12
veterans of the United States Armed Forces discharged under 13
conditions other than dishonorable, including the bodies of all 14
honorably discharged members of the American Merchant Marine 15
who served during World War II and have been declared by the 16
United States Department of Defense to be eligible for federal 17
veterans' benefits, who die indigent [without leaving means 18
sufficient to defray funeral expenses]. The expense of such funeral 19
shall not exceed in any case the sum of $1,250 for burial or 20
cremation. 21
For the purposes of this section: 22
“Indigent” shall mean a person who has an income that is below 23
200 percent of the federal poverty level; and 24
“Poverty level” shall mean the official poverty level based on 25
family size established and adjusted under Section 673(2) of 26
Subtitle B. of the federal “Community Services Block Grant Act,” 27
Pub.L.97-35 (42 U.S.C. s.9902(2)). 28
(cf: P.L.2013, c.238, s.1) 29
30
2. Section 2 of P.L.2013, c.238 (C.38:17-2.1) is amended to 31
read as follows: 32
2. The county medical examiner, or a designee, shall be 33
responsible for the positive identification of an unidentified 34
indigent deceased person. The supervisor of veterans' interment or 35
county medical examiner, as appropriate, shall contact the 36
Department of Military and Veterans' Affairs upon receipt of an 37
unclaimed indigent deceased person to ascertain [whether or not 38
that person is a veteran] the veteran status of the person. The 39
supervisor of veterans' interment or county medical examiner, as 40
appropriate, shall be notified upon determination of the veteran 41
status of the person. If the person was a veteran discharged under 42
conditions other than dishonorable, the supervisor of veterans' 43
interment or county medical examiner, as appropriate, shall cause 44
burial or cremation to occur within 72 hours of notification of 45
veteran status. 46

A2493 DEANGELO, TUCKER
3

For the purposes of this section: 1
“Indigent” shall mean a person who has an income that is below 2
200 percent of the federal poverty level; and 3
“Poverty level” shall mean the official poverty level based on 4
family size established and adjusted under Section 673(2) of 5
Subtitle B. of the federal “Community Services Block Grant Act,” 6
Pub.L.97-35 (42 U.S.C. s.9902(2)). 7
(cf: P.L.2013, c.238, s.2) 8
9
3. R.S.38:17-3 is amended to read as follows: 10
38:17-3. Any interment provided for by sections 38:17-1 to 11
38:17-8 of this title shall not be made in any cemetery or plot used 12
exclusively for the burial of pauper dead, but may be made in a 13
county veterans' cemetery or, if appropriate, the Brigadier General 14
William C. Doyle Veterans' Memorial Cemetery or a National 15
Cemetery. The graves of any such deceased indigent veterans 16
discharged under conditions other than dishonorable, may be 17
marked by a headstone containing the name of the deceased and, if 18
possible, the organization to which he belonged or in which he 19
served. Such headstone shall be of such design and materials as 20
shall be approved by the governor, adjutant general and 21
quartermaster general. 22
For the purposes of this section: 23
“Indigent” shall mean a person who has an income that is below 24
200 percent of the federal poverty level; and 25
“Poverty level” shall mean the official poverty level based on 26
family size established and adjusted under Section 673(2) of 27
Subtitle B. of the federal “Community Services Block Grant Act,”