S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5426
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 8, 2017
                                ___________
 
 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:
   § 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.
              

                                                            LBD05914-01-7

 A. 5426                             2
 
 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

 A. 5426                             3

 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

 A. 5426                             4
 
 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

 A. 5426                             5
 
   (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

 A. 5426                             6
 
 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,]

 A. 5426                             7
 
   (G) NO LATER THAN JANUARY FIRST, TWO THOUSAND NINETEEN,  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

 A. 5426                             8
 
 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.
   § 2. This act shall take effect immediately.