2013 New York Consolidated Laws
EXC - Executive
Article 17 - (350 - 368) VETERANS' AFFAIRS
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 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
  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;
    (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.
    (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
  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  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 cemetery 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 later than ninety days following the issuance of the report,
  pursuant to the rules and regulations issued under paragraph (h) 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) No later than sixty days following the deadline for the return  of
  requests  for  proposals  pursuant to paragraph (c) 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
  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 New York state veterans cemetery.
    (e)  No  later  than  thirty  days following the selection of the site
  pursuant  to  paragraph  (d)  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 (d)
  of this subdivision, and shall be consistent  with  the  guidelines  for
  receipt  of  federal  funding  pursuant  to  the  relevant provisions of
  federal law.
    (f) 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
  division of veterans' affairs to commence  an  investigation  and  study
  pursuant  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
  paragraph (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,
  improvement,  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) 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 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,
  improvement,  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
  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;
    (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
  government 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
  government of the United States, made pursuant to paragraph (e) 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.