S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   11387
 
                           I N  A S S E M B L Y
 
                             October 22, 2018
                                ___________
 
 Introduced  by  COMMITTEE  ON RULES -- (at request of M. of A. Jones) --
   read once and referred to the Committee on Veterans' Affairs
 
 AN ACT to amend the executive law, in  relation  to  a  state  veterans'
   cemetery
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Paragraph (b) of subdivision 2 of section 365 of the execu-
 tive law, as added by section 5 of part W of chapter 57 of the  laws  of
 2013, is amended to read as follows:
   (b) [Prior to the commencement of the investigation and study pursuant
 to  paragraph (a) of this subdivision, the] 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
 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;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD16402-01-8

 A. 11387                            2
 
   (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.
   § 2. This act shall take effect immediately.