2023 New York Laws › VET - Veterans' Services Law › Article 1 - Department of Veterans' Services › 24 - New York State Veterans' Cemeteries.

§  24. 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  department
of  veterans' services, and its commissioner, 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 commissioner shall issue, on behalf of the department, 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  department  by  no later than sixty days
following the issuance of the requests  for  information.  Requests  for
information  issued  by and returned to the department shall be publicly
available and posted on the department's website.
(a-1)  Following  the  deadline  for  the  return  of   requests   for
information   pursuant   to  paragraph  (a)  of  this  subdivision,  the
department, 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 commissioner of the
department 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
department 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 commissioner of the department of veterans' 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 commissioner of the department, 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 commissioner, 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 commissioner 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 commissioner 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 commissioner 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 commissioner, 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  (e)  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 commissioner of the department 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  as  defined  in
section  one  of  this article or a member of the New York army national
guard or the New York air national guard, or the New York naval militia.
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 as defined  in  section
one  of  this article or a member of the New York army national guard or
the New York air national guard, or  the  New  York  naval  militia.  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
commissioner  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 commissioner 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 department, 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  department
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 department may, at the discretion of the commissioner, 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 department has commenced the conduct of the investigation and
study.
(d) If the commissioner,  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
commissioner  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  commissioner,  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  department  under
paragraph (e) of subdivision two of this section.