S T A T E   O F   N E W   Y O R K
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                                  6132

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                             March 16, 2015
                               ___________

Introduced by M. of A. DiPIETRO -- read once and referred to the Commit-
  tee on Veterans' Affairs

AN  ACT  to  amend  the executive law, in relation to the New York state
  veterans cemeteries

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1. Section 365 of the executive law, as added by section 5 of
part W of chapter 57 of the laws of 2013, is amended to read as follows:
  S 365. New York state veterans cemeteries. 1. Legislative intent.  The
legislature  finds and determines that the devoted service and sacrifice
of veterans deserve important, unique and  eternal  recognition  by  the
state of New York. That it is by means of the devoted service and sacri-
fice of veterans that the liberty, freedom and prosperity enjoyed by all
New Yorkers is maintained and preserved.
  The  legislature  further  finds  and  determines that to provide this
important, unique and eternal recognition, the state shall  establish  a
program  of New York state veterans cemeteries in New York. Such program
shall provide for the construction, establishment,  expansion,  improve-
ment,  support,  operation,  maintenance  and the provision of perpetual
care for state veterans cemeteries in this state, and  thereby  for  the
memorialization and remembrance of individual veterans and their service
to their community, state and nation.
  The legislature additionally finds and determines that it is therefore
necessary  to  provide  for the construction and establishment of one or
more New York state veterans cemeteries, and that to thereafter, provide
for the expansion, improvement, support, operation, maintenance and  the
provision  of  perpetual  care of all such cemeteries so constructed and
established. The legislature also finds and determines that it is appro-
priate to have the responsibility for the  construction,  establishment,
expansion,   improvement,   support,   operation,  maintenance  and  the
provision of perpetual care for veterans cemeteries in this state, to be

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09791-01-5
              

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under the oversight and direction of  the  state  division  of  veterans
affairs,  and its director, individually, and as chair of the management
board, for each such veterans cemetery so constructed and established.
  2.  The  establishment  of the first New York state veterans cemetery.
(a) The division, in cooperation with the United  States  department  of
veterans  affairs,  and  in consultation with, [and upon the support of]
the department of state division of cemeteries, is  hereby  directed  to
conduct  an investigation and study on the issue of the construction and
establishment of the first New York state veterans cemetery. Such inves-
tigation and study shall include, but not be limited to:
  (i) Potential site locations for such cemetery,  with  full  consider-
ation as to the needs of the veterans population;
  (ii) The size of the cemetery and types of grave sites;
  (iii) The number of annual interments at the cemetery;
  (iv)  Transportation  accessibility to the cemetery by veterans, their
families and the general public;
  (v) Costs for construction of the cemetery;
  (vi) Costs of operation of the cemetery, including but not limited  to
staffing costs to maintain the cemetery;
  (vii) Scalability of the cemetery for future growth and expansion;
  (viii)  Potential for funding for the cemetery from federal, local and
private sources;
  (ix) Cost of maintenance;
  (x) Data on the population that would be served by the site;
  (xi) The average age of the population in the area covered;
  (xii) The mortality rate of the veteran population for the area;
  (xiii) Surrounding land use;
  (xiv) Topography of the land;
  (xv) Site characteristics;
  (xvi) Cost of land acquisition;
  (xvii) The location of existing cemeteries including but  not  limited
to  national  veterans'  cemeteries,  county veterans' cemeteries, ceme-
teries that have plots devoted to  veterans,  not-for-profit  cemeteries
and  any  other  burial ground devoted to veterans and any other type of
burial grounds devoted to the interment of  human  remains  that  is  of
public record; and
  (xviii)  Such  other and further items as the director of the division
deems necessary for the first state veterans cemetery to be successful.
  A report of the investigation and study conclusions shall be delivered
to the governor, the temporary president of the senate, the  speaker  of
the assembly and the chair of the senate committee on veterans, homeland
security  and  military affairs, and the chair of the assembly committee
on veterans' affairs by no later than one hundred eighty days after  the
division has commenced the conduct of the investigation and study.
  (b) [Prior to the commencement of the investigation and study pursuant
to  paragraph  (a)  of this subdivision, the director of the division of
veterans' affairs, the director of  the  division  of  the  budget,  the
director  of  the  department of state's division of cemeteries, and the
office of the state comptroller must certify to the governor, the tempo-
rary president of the senate, the speaker of the assembly, the chair  of
the  senate  finance  committee  and  the chair of the assembly ways and
means committee that the veterans remembrance and  cemetery  maintenance
and operation fund, created pursuant to section ninety-seven-mmmm of the
state  finance  law,  contains  moneys  sufficient,  adjusted to reflect
projected future inflation, to fund the operation, maintenance  and  the
provision  of  perpetual care of a state veterans' cemetery for a period

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of not less than fifteen years, provided  that  such  amount  shall  not
include  any amount that shall be reimbursed or contributed to the ceme-
tery from the government of the United States or any amount  that  would
be  recoverable  by  the  cemetery  pursuant  to a charge of fee for the
provision of a grave site for a non-veteran spouse or family member.  In
making  such  a certification, the director of the division of veterans'
affairs, the director of the division of the budget, the director of the
department of state's division of cemeteries,  and  the  office  of  the
state  comptroller shall consider, but are not limited to, the following
factors:
  (i) physical attributes of  the  veterans  cemetery,  including  size,
location, and terrain;
  (ii)  management  and  operation,  including  staffing  costs, cost of
equipment and equipment maintenance, and security costs;
  (iii) relevant state and federal requirements and  specifications  for
interment and perpetual care;
  (iv)  estimates  provided  by the United States department of veterans
affairs;
  (v) any other fiscal cost, charge or assessment that would be incurred
by the cemetery.
  (c) By no] NO later than ninety days following  the  issuance  of  the
report,  pursuant  to  the  rules and regulations issued under paragraph
[(h)] (F) of this subdivision, the director shall issue,  on  behalf  of
the  division, a request for proposals for any local government desiring
to have the first state veterans cemetery located within  its  political
subdivision.    Such  request  for  proposals shall be returnable to the
division by no later than sixty  days  following  the  issuance  of  the
request for proposals.
  [(d)]  (C)  No  later  than  sixty days following the deadline for the
return of requests for proposals pursuant to paragraph [(c)] (B) of this
subdivision, the director, in consultation with the management board  of
the  first New York state veterans cemetery, shall select a site for the
first New York state veterans cemetery.  In  selecting  such  site,  the
director shall consider:
  (i)  The investigation and study, and the report produced by the same,
pursuant to paragraph (a) of this subdivision;
  (ii) The submitted responses to  the  requests  for  proposals  issued
pursuant to paragraph (b) of this subdivision;
  (iii)  The  guidelines  for  receipt  of  federal funding specified in
section 2408 of title 38 of the United States code, part 39 of title  38
of the code of federal regulations, and any other relevant federal stat-
ute or regulation;
  (iv) The possibility of funding from private individuals, corporations
or foundations; and
  (v) Any other consideration that would facilitate the successful oper-
ation of the first New York state veterans cemetery.
  [(e)]  (D)  No  later  than thirty days following the selection of the
site pursuant to paragraph [(d)] (C) of this subdivision, the  director,
in  consultation  with  the management board of the first New York state
veterans cemetery, shall commence the application  process  for  funding
from  the  government of the United States, in accordance with the grant
requirements specified in section 2408 of title 38 of the United  States
code,  part  39  of title 38 of the code of federal regulations, and any
other relevant federal statute or regulation, for the purpose of seeking
funds to support the construction,  establishment,  expansion,  improve-
ment,  support,  operation,  maintenance  and the provision of perpetual

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care of New York state's first veterans cemetery. Such grant application
shall be based on a site selected pursuant to  paragraph  [(d)]  (C)  of
this  subdivision,  and  shall  be  consistent  with  the guidelines for
receipt of federal funding pursuant to the relevant provisions of feder-
al law.
  [(f)]  (E)  A  management  board for the first New York state veterans
cemetery shall be  appointed  pursuant  to  subdivision  three  of  this
section.
  [(g) Nothing in this section shall be construed to authorize the divi-
sion  of veterans' affairs to commence an investigation and study pursu-
ant to  paragraph  (a)  of  this  subdivision,  issuing  a  request  for
proposals  pursuant  to  paragraph  (c) of this subdivision, selecting a
site for the first New York state veterans cemetery  pursuant  to  para-
graph (d) of this subdivision, or submitting any application for funding
from  the  government  of the United States in accordance with the grant
requirements specified in section 2408 of title 38 of the United  States
code,  part 30 of title 38 of the code of federal regulations, and other
relevant federal statutes or regulations, for  the  purpose  of  seeking
funds  to  support  the construction, establishment, expansion, improve-
ment, support, operation, maintenance and  the  provision  of  perpetual
care  of  New York state's first veterans cemetery pursuant to paragraph
(e) of this subdivision until the funds in the veterans remembrance  and
cemetery  maintenance and operation fund have been certified pursuant to
paragraph (b) of this subdivision.
  (h)] (F) The director shall promulgate rules and  regulations  govern-
ing:
  (i)  The guidelines and standards for the construction, establishment,
expansion,  improvement,  support,  operation,   maintenance   and   the
provision  of  perpetual care for a state veterans cemetery. Such guide-
lines shall include, but not be limited to:
  (1) The size and terrain of the cemetery;
  (2) The management and operation of the cemetery,  including  but  not
limited to:
  (A) Hours of operation;
  (B) Employees, employee relations, and employee duties;
  (C) The conduct and practice of events, ceremonies and programs;
  (D)  The  filing and compliance of the cemetery with state and federal
regulators; and
  (E) Such other and further operational and  management  practices  and
procedures  as  the  director  shall  determine  to be necessary for the
successful operation of a state veterans cemetery.
  (3) The layout of plots;
  (4) The locations of building and infrastructure,  including  but  not
limited to:
  (A) Electrical lines and facilities;
  (B) Waterlines, irrigation systems, and drainage facilities;
  (C) Trees, flowers and other plantings;
  (D)  Non  gravesite memorials, gravesite memorials, mausoleums, colum-
barium niches, headstones, grave markers, indoor  interment  facilities,
committal-service  shelters,  signage,  flag  poles,  and other memorial
gathering spaces or infrastructure;
  (E) Roadways, pedestrian pathways, parking sites, curbs and curb cuts;
  (F) Ponds, lakes and other water sites;
  (G) Retaining walls, gates, fences, security systems or other  devices
for cemetery protection; and

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  (H)  Any  other  buildings, structures or infrastructure necessary for
the safe, efficient and effective operation of the cemetery;
  (5)  The  qualifications for interment, consistent with the provisions
of state and federal law and any requirements pursuant to the receipt of
federal, state, local or private funds;
  (6) The location and placement of interments;
  (7) Consistent with the provisions of state and federal  law  and  any
requirements pursuant to the receipt of federal, state, local or private
funds,  the  financial  management  of  the  cemetery, including but not
limited to:
  (A) The procedures for the protection and implementation of the  ceme-
tery's annual budget;
  (B)  The  seeking,  collecting,  deposit  and expenditure of operating
funds pursuant to the cemetery's budget;
  (C) The seeking, collecting, deposit and expenditure of capital  funds
pursuant to the cemetery's capital plan;
  (D)  The  seeking,  collecting,  deposit  and expenditure of emergency
funds to address an unexpected event;
  (E) The assessment, charging,  collection  and  deposit  of  fees  and
charges;
  (F) The management of cemetery finances, both current and future, with
respect to investments; and
  (G)  Such  other  and further procedures and activities concerning the
financial management of the cemetery;
  (8) The provision of perpetual care for the  cemetery,  including  but
not limited to:
  (A)  The  frequency,  standards and methods for the beautification and
maintenance of grounds,  memorials,  gravesites,  buildings,  ceremonial
sites, or other locations within, or upon the curtilage of the cemetery;
  (B)  The  frequency, standards and methods for the provision of flags,
patriotic and military  symbols,  and  other  honorary  items,  at  each
gravesite and throughout the cemetery; and
  (C)  Such  other  and further standards as are necessary to assure the
proper perpetual care of the cemetery in a manner befitting the  highest
level  of  honor and respect deserving to those veterans and their fami-
lies interred in the cemetery;
  (9) Guidelines and standards for the procurement of land for the ceme-
tery providing that the state veterans cemetery, and  all  the  property
upon which it resides shall be owned in fee simple absolute by the state
of New York;
  (10) Guidelines and standards for the practices and procedures for the
construction  and  establishment of a state veterans cemetery, including
contracting  and  purchasing  for  construction  services,  professional
services,  legal  services, architectural services, consulting services,
as well as the procurement of materials, all consistent with  the  rele-
vant provisions of federal, state and local law, the regulations promul-
gated  thereunder,  and the requirements contained in the grants awarded
or pursued from the federal government, or any source of  private  fund-
ing;
  (11) Guidelines and standards for the practices and procedures for the
expansion  and  improvement  of  a  state  veterans  cemetery, including
contracting  and  purchasing  for  construction  services,  professional
services,  legal  services, architectural services, consulting services,
as well as the procurement of materials, all consistent with  the  rele-
vant provisions of federal, state and local law, the regulations promul-
gated  thereunder,  and the requirements contained in the grants awarded

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or pursued from the federal government, or any source of  private  fund-
ing;
  (12)  Any  other  guidelines  and  standards that would facilitate the
successful construction, establishment, expansion, improvement, support,
operation, maintenance and the provision of perpetual care for the state
veterans cemetery;
  (ii) Guidelines and standards for the request for  proposals  for  any
local  government  desiring  to  have  the first state veterans cemetery
located within its political subdivision, pursuant to paragraph  (b)  of
this subdivision, including, but not limited to:
  (1)  The form, requirements and standards required for submission of a
response to the request for proposals;
  (2) The requirement, if the director so elects, that a response  shall
require  the local government to agree to contract with the state of New
York that all costs for construction, establishment, expansion, improve-
ment, support, operation, maintenance and  the  provision  of  perpetual
care  of  the veterans cemetery shall be the sole responsibility of, and
paid by the local government, and that to the extent such costs are  not
paid  or reimbursed by the government of the United States, or a private
individual, corporation or foundation;
  (3) The requirement that the local government  will  comply  with  all
state  and federal statutes and regulations concerning the construction,
establishment, expansion, improvement, support,  operation,  maintenance
and  the provision of perpetual care of the state veterans cemetery, and
shall satisfy any and all applicable state  and  federal  standards  and
requirements for the perpetual care of the state veterans cemetery;
  (4)  That the state veterans cemetery, and all the property upon which
it resides shall be owned in fee simple absolute by  the  state  of  New
York;
  (5)  That all lands upon which such cemetery is constructed and estab-
lished shall be used solely for state veterans  cemetery  purposes,  and
for  the  purpose of providing the honor and remembrance of veterans and
their service through ceremonies and programs;
  (6) The requirement that a response shall require the local government
to agree to authorize the state of New York, in the event that the local
government fails to perform its obligations under the contract with  the
state  of New York, that the state director of the division of veterans'
affairs shall certify to the  comptroller  any  unpaid  amounts  or  any
amounts  necessary  for  the  state  to assume the obligations which the
local government failed to perform, and the comptroller  shall,  to  the
extent  not  otherwise  prohibited by law, withhold such amount from any
state aid or other amount payable  to  such  local  government;  to  the
extent that sufficient funds are not available for such withholding, the
state  may  pursue  any  and all available legal remedies to enforce the
terms of the contract entered into between the state and a local govern-
ment pursuant to this subdivision; and
  (7) Such other and further  requirements  as  the  director  may  deem
prudent  in the facilitation of the successful siting and operation of a
state veterans cemetery in the jurisdiction of the local government; and
  (iii) Such other and further guidelines and standards as are necessary
for the successful construction, establishment, expansion,  improvement,
support,  operation, maintenance and the provision of perpetual care for
a state veterans cemetery;
  [(i) Upon the approval of the application for funding from the govern-
ment of the United States, made pursuant to paragraph (e) of this subdi-
vision, the director, upon consultation with the management board,]

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  (G) NO LATER THAN JANUARY FIRST, TWO THOUSAND SEVENTEEN, THE  DIRECTOR
shall  commence  the  process  of  construction and establishment of the
first state veterans cemetery. Such process shall be consistent with the
relevant provisions of local, state and federal law, and the  rules  and
regulations established pursuant to paragraph [(h)] (F) of this subdivi-
sion.
  3.  Management  boards  of New York state veterans cemeteries. (a) For
each New York state veterans cemetery there shall be a management board.
Each such management board shall consist of nine members, including  the
director  of  the  division  who shall serve as chair, and four members,
appointed by the governor. Of such four  members,  not  fewer  than  two
shall  be  a  veteran of the United States army, the United States navy,
the United States air force, the United States  marines,  the  New  York
army national guard, the New York air national guard, the New York naval
militia, or a member who has served in a theater of combat operations of
the  United States coast guard or the United States merchant marine. Two
members shall be appointed by the temporary president of the senate, and
two members shall be appointed by the speaker of the state assembly.  At
least  one  of  the  members appointed by the temporary president of the
senate and at least one of the members appointed by the speaker  of  the
assembly shall be a veteran of the United States army, the United States
navy,  the  United  States air force, the United States marines, the New
York army national guard, the New York air national guard, the New  York
naval  militia,  or a member who has served in a theater of combat oper-
ations of the United States coast guard or the  United  States  merchant
marine. No member shall receive any compensation for his or her service,
but  members  who  are  not  state officials may be reimbursed for their
actual and necessary expenses, including  travel  expenses  incurred  in
performance  of  their duties. The management board may consult with any
federal, state or  local  entity  for  the  purposes  of  advancing  its
purposes, mission and duties.
  (b)  The management board shall advise, by majority vote, the director
on  issues  concerning  the  construction,   establishment,   expansion,
improvement,  support,  operation,  maintenance  and  the  provision  of
perpetual care for the veterans cemetery, including but not  limited  to
issues  of  financial  concern,  employment  relations, cemetery policy,
cemetery events and programs, and such other and further issues  as  the
board and director shall deem important.
  4.  Additional  state  veterans  cemeteries.  (a) Not later than [ten]
THREE years after the construction and establishment of  the  first  New
York  state veterans cemetery, and every ten years thereafter, the divi-
sion, in cooperation with  the  United  States  department  of  veterans
affairs,  shall  conduct  an investigation and study on the issue of the
construction and establishment of additional  New  York  state  veterans
cemeteries.  Such  investigation  and  study  shall consider, but not be
limited to, the study parameters established pursuant to  paragraph  (a)
of  subdivision  two  of this section. A report of the investigation and
study required to be conducted pursuant to  this  subdivision  shall  be
delivered  to  the  governor, the temporary president of the senate, the
speaker of the assembly and the chair of the senate committee on  veter-
ans, homeland security and military affairs, and the chair of the assem-
bly  committee  on veterans' affairs, by no later than ninety days after
the division has commenced the conduct of the investigation and study;
  (b) The report of the investigation and study required to be conducted
pursuant to this subdivision shall provide a determination by the direc-
tor as to whether the state should construct and establish one  or  more

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additional  veterans cemeteries, and shall state the reasoning and basis
for such determination; and
  (c)  The  division may, at the discretion of the director, at any time
after five years from the completion of construction of the most recent-
ly constructed and established state veterans cemetery,  in  cooperation
with the United States department of veterans affairs, conduct an inves-
tigation and study on the issue of the construction and establishment of
additional  New York state veterans cemeteries. A report of the investi-
gation and study required to be conducted  shall  be  delivered  to  the
governor,  the  temporary  president  of  the senate, the speaker of the
assembly and the chair of the senate  committee  on  veterans,  homeland
security  and  military affairs, and the chair of the assembly committee
on veterans' affairs, by no later than ninety days  after  the  division
has commenced the conduct of the investigation and study.
  (d) If the director, pursuant to the investigation and study conducted
pursuant  to  this  subdivision, determines that there shall be an addi-
tional state veterans cemetery in New York  state,  the  director  shall
provide  for  the  construction  and  establishment of such new veterans
cemetery  pursuant  to  the  same  guidelines  and  standards  for   the
construction  and  establishment  of  the  first state veterans cemetery
under this section.
  5. Expansion and improvement of existing  state  veterans  cemeteries.
The  director,  in  consultation  with  the  management board of a state
veterans cemetery, may provide for the expansion and/or  improvement  of
the  cemetery.  Such  expansion  and  improvement  shall be conducted in
accordance with the rules and regulations of the  division  under  para-
graph [(h)] (F) of subdivision two of this section.
  S 2. This act shall take effect immediately.