NY Exec L § 365 (2021)
2021 New York Laws EXC - Executive Article 17 - Veterans' Services 365 - New York State Veterans Cemeteries.

§  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 sacrifice  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, improvement,  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 appropriate  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 under the oversight and direction of the state division of veterans services, 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  director  shall  issue,  on  behalf  of the division, a public request for information for any local government desiring  to  have  the first  state veterans cemetery located within its political subdivision. Such request shall specify the  type  of  information  to  be  provided, including,  at a minimum, a detailed map of the site including potential transportation routes, the history of the site, the types of burials the site could accommodate, and the estimated number of  veterans  within  a seventy-five  mile  radius  of  the  site. Such requests for information shall be returnable  to  the  division  by  no  later  than  sixty  days following  the  issuance  of  the requests for information. Requests for information issued by and returned to the  division  shall  be  publicly available and posted on the division's website.  (a-1)   Following   the  deadline  for  the  return  of  requests  for information pursuant to paragraph (a) of this subdivision, 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 investigation and study shall include, but not be limited to:  (i)   Potential   site   locations   for   such  cemetery,  with  full consideration as to the needs of the veterans population; only locations within local governments that have submitted a request  for  information pursuant  to  paragraph  (a) of this subdivision shall be considered and each such submission shall be considered;  (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, cemeteries  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.  (a-2)  Upon the completion of the investigation and study, the results shall be provided to the selection committee.  The  selection  committee shall consist of nine members as follows:  (i)  The  director  of the division of veteran services, or his or her representative;  (ii) The director of the  division  of  the  budget,  or  his  or  her representative;  (iii)  Three  members  appointed by the governor, two of whom shall be veterans;  (iv) Two members appointed by the temporary president of  the  senate, at least one of whom shall be a veteran; and  (v) Two members appointed by the speaker of the assembly, at least one of whom shall be a veteran.  (a-3)  The  selection  committee  shall be subject to articles six and seven of the public officers law. The selection committee shall evaluate the results of the study and, upon a majority vote, make a determination as to the location of the first state veterans' cemetery. In making this determination,  the  committee's  consideration  shall,  at  a  minimum, include:  (i) The findings established by the study;  (ii)  The  submitted  responses to the requests for information issued pursuant to paragraph (a) of this subdivision;  (iii) The guidelines for receipt of federal funding  specified  in  38 USC  2408,  38  CFR  39,  and  any  other  relevant  federal  statute or regulation;  (iv)  The   possibility   of   funding   from   private   individuals, corporations, or foundations; and  (v)  Any  other  consideration  that  would  facilitate the successful operation of the first state veterans' cemetery.  (b) The director of the division, the commissioner of  the  office  of general  services,  and  the  chair  of the division of cemeteries shall  determine the amount of money necessary  to  fund  the  non-reimbursable costs  of a state veterans' cemetery, such as operation and maintenance, for a period of not less than ten years, provided that such amount shall not include monies that would be recoverable by the cemetery pursuant to a  charge  of  fee  for  the  provision of a gravesite for a non-veteran spouse or eligible dependent. Prior to submitting  any  application  for funding  from the government of the United States in accordance with the grant requirements specified in 38  USC  2408,  38  CFR  30,  and  other relevant  federal  statutes  or  regulations, for the purpose of seeking funds   to   support   the   construction,   establishment,   expansion, improvement,  support,  operation  or  maintenance  of  New York state's veterans' cemeteries, the director of the division of the budget and the office of the state  comptroller  must  certify  to  the  governor,  the temporary  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  there  are  sufficient  funds  to  cover  such amount;  provided  further  that  such  moneys  may include the veterans remembrance and cemetery maintenance and operation fund created pursuant to section ninety-seven-mmmm of the state finance law. In making such  a certification, the director of the division of the budget 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)  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 non-reimbursable fiscal cost, charge or assessment  that would be incurred by the cemetery.  (c) Once the certification that there are sufficient funds pursuant to paragraph  (b)  of  this  subdivision  has  been made, and no later than thirty days following the selection of the site  pursuant  to  paragraph (a-3)  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, improvement, support, operation, maintenance and the provision of perpetual  care  of  New  York  state's first veterans cemetery. Such grant application shall be based on a site selected  pursuant  to paragraph (a-3) of this subdivision, and shall be consistent with the guidelines for receipt of federal  funding  pursuant to the relevant provisions of federal law.  (d)  A management board for the first New York state veterans cemetery shall be appointed pursuant to subdivision three of this section.  (e) The director shall promulgate rules and regulations governing:  (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 guidelines 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, columbarium  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  (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 cemetery'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 families interred in the cemetery;  (9)  Guidelines  and  standards  for  the  procurement of land for the cemetery 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 relevant  provisions  of  federal,  state and local law, the regulations promulgated thereunder, and the requirements  contained  in  the  grants awarded or pursued from the federal government, or any source of private funding;  (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 relevant  provisions  of  federal,  state and local law, the regulations promulgated thereunder, and the requirements  contained  in  the  grants awarded or pursued from the federal government, or any source of private funding;  (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 any  local  government  desiring  to have  the  first  state  veterans' cemetery located within its political subdivision, including, but not limited to:  (1) 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;  (2)  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;  (3)  That  all  lands  upon  which  such  cemetery  is constructed and established 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;  (4) 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.  (f) Upon  the  approval  of  the  application  for  funding  from  the government  of the United States, made pursuant to paragraph (c) of this subdivision, the director, upon consultation with the management  board, 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) of this subdivision.   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 operations 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 years after the construction and establishment of the  first  New  York  state veterans  cemetery,  and  every  ten  years thereafter, the division, 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  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;  (b) The report of the investigation and study required to be conducted pursuant  to  this  subdivision  shall  provide  a  determination by the director as to whether the state should construct and establish  one  or more  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 recently  constructed  and  established  state  veterans  cemetery,   in cooperation  with  the  United  States  department  of veterans affairs, conduct an investigation and study on the issue of the construction  and establishment of additional New York state veterans cemeteries. A report of  the  investigation  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 additional 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 paragraph (h) of subdivision two of this section.