BILL NUMBER:  S3906

 TITLE OF BILL :  An act to amend the executive law, in relation to
the establishment of the New York state veterans cemetery act

 PURPOSE :

This bill would amend the executive law, to establish a New York state
veterans cemetery funding promotion program within the New York State
Division of Veterans' Affairs.

 SUMMARY OF PROVISIONS :

This bill would add a new section 368-a to the executive law, to
establish a New York state veterans cemetery funding promotion program
within the Division of Veterans Affairs.

Pursuant to this bill, the purpose of this promotion program, would be
to encourage the giving of financial contributions, by individuals,
groups and corporations, to the Veterans Remembrance and Cemetery
Maintenance and Operation Fund, which was established by act of the
state legislature in 2013, as a means to provide funding for state
veterans cemeteries, to be built and maintained in accordance with the
New York State Veterans Cemetery program (also established in law in
2013 by section 368 of the executive law).

              

This bill, would additionally require the Division, in accordance with
the promotion program, to establish, produce and conduct programs,
projects, and materials, designed to encourage the giving of financial
contributions, by individuals, groups and corporations, to the
Veterans Remembrance and Cemetery Maintenance and Operation Fund, in
order to support the construction and maintenance of New York State
Veterans Cemeteries. This bill would further direct the Division to
seek, and apply on behalf of the state of New York, for grants and
contributions, from governments and/or other institutional funding
sources, for deposit in, and use by, the fund.

Finally, this bill would require the division to produce an annual
report, on or before December 15, on the activities, operations and
progress of the promotion program.

 JUSTIFICATION :

In 2013, the legislature enacted for the first time in history, a New
York State Veterans Cemetery Program Under the terms of this program,
a Veterans Remembrance and Cemetery Maintenance and Operation Fund,
was established as a means to provide funding for the construction,
maintenance and operation of such cemeteries At this time, the
legislature also appropriated $500,000 into such fund, and established
a tax check off box on all state tax returns, to allow for gifts to be
made to the fund.

As federal monies are available for state veteran cemetery
construction, but not for perpetual maintenance, the law that created
the New York State Veterans Cemetery Program (section 368 of the
executive law) provided that in order for the Division of Veterans
Affairs to authorize the designation or construction of a state
veterans cemetery, the Veterans Remembrance and Cemetery Maintenance
and Operation Fund must have within its account, an endowment amount
equal to fifteen years of perpetual maintenance funds for such
cemetery. For an average size veterans cemetery, such would constitute
a requirement of having the fund contain approximately between six to
seven million dollars before a state veterans cemetery could be
constructed or designated. Due to the declining effectiveness of tax
check off boxes, when most returns are now filed electronically, as of
January 2015, the fund contained less than $600,000.
This bill would seek to have the Division of Veterans Affairs promote
charitable giving to the fund, in order to raise money, and accelerate
the time, for the construction or designation of the first state
veterans cemetery. Such would provide additional funding for this
purpose, and supplement the proceeds raised by the tax check off box.
Similar programs of private giving, such as those targeted to build
the WWII memorial in Washington, D.C. have proven highly successful.
It is hoped that the promotion program directed by this bill could
have similar results.

 LEGISLATIVE HISTORY :

2015-16 - S. 2941a - Passed Senate/A. 8189 - Veterans' Affairs
Committee.

 FISCAL IMPLICATIONS :

None noted, as this program could be achieved within current resource
allocations.

 EFFECTIVE DATE :
Immediate.