§ 24 — New York state veterans' cemeteries

§ 24. New York state veterans' cemeteries. 1. Legislative intent. The\nlegislature finds and determines that the devoted service and sacrifice\nof veterans deserve important, unique and eternal recognition by the\nstate of New York. That it is by means of the devoted service and\nsacrifice of veterans that the liberty, freedom and prosperity enjoyed\nby all New Yorkers is maintained and preserved.\n The legislature further finds and determines that to provide this\nimportant, unique and eternal recognition, the state shall establish a\nprogram of New York state veterans' cemeteries in New York. Such program\nshall provide for the construction, establishment, expansion,\nimprovement, support, operation, maintenance and the provision of\nperpetual care for state veterans' cemeteries in this state, and thereby\nfor the memorialization and remembrance of individual veterans and their\nservice to their community, state and nation.\n The legislature additionally finds and determines that it is therefore\nnecessary to provide for the construction and establishment of one or\nmore New York state veterans' cemeteries, and that to thereafter,\nprovide for the expansion, improvement, support, operation, maintenance\nand the provision of perpetual care of all such cemeteries so\nconstructed and established. The legislature also finds and determines\nthat it is appropriate to have the responsibility for the construction,\nestablishment, expansion, improvement, support, operation, maintenance\nand the provision of perpetual care for veterans' cemeteries in this\nstate, to be under the oversight and direction of the state department\nof veterans' services, and its commissioner, individually, and as chair\nof the management board, for each such veterans' cemetery so constructed\nand established.\n 2. The establishment of the first New York state veterans' cemetery.\n(a) The commissioner shall issue, on behalf of the department, a public\nrequest for information for any local government desiring to have the\nfirst state veterans' cemetery located within its political subdivision.\nSuch request shall specify the type of information to be provided,\nincluding, at a minimum, a detailed map of the site including potential\ntransportation routes, the history of the site, the types of burials the\nsite could accommodate, and the estimated number of veterans within a\nseventy-five mile radius of the site. Such requests for information\nshall be returnable to the department by no later than sixty days\nfollowing the issuance of the requests for information. Requests for\ninformation issued by and returned to the department shall be publicly\navailable and posted on the department's website.\n (a-1) Following the deadline for the return of requests for\ninformation pursuant to paragraph (a) of this subdivision, the\ndepartment, in cooperation with the United States Department of Veterans\nAffairs, and in consultation with, and upon the support of the\ndepartment of state division of cemeteries, is hereby directed to\nconduct an investigation and study on the issue of the construction and\nestablishment of the first New York state veterans' cemetery. Such\ninvestigation and study shall include, but not be limited to:\n (i) Potential site locations for such cemetery, with full\nconsideration as to the needs of the veterans population; only locations\nwithin local governments that have submitted a request for information\npursuant to paragraph (a) of this subdivision shall be considered and\neach such submission shall be considered;\n (ii) The size of the cemetery and types of grave sites;\n (iii) The number of annual interments at the cemetery;\n (iv) Transportation accessibility to the cemetery by veterans, their\nfamilies and the general public;\n (v) Costs for construction of the cemetery;\n (vi) Costs of operation of the cemetery, including but not limited to\nstaffing costs to maintain the cemetery;\n (vii) Scalability of the cemetery for future growth and expansion;\n (viii) Potential for funding for the cemetery from federal, local and\nprivate sources;\n (ix) Cost of maintenance;\n (x) Data on the population that would be served by the site;\n (xi) The average age of the population in the area covered;\n (xii) The mortality rate of the veteran population for the area;\n (xiii) Surrounding land use;\n (xiv) Topography of the land;\n (xv) Site characteristics;\n (xvi) Cost of land acquisition;\n (xvii) The location of existing cemeteries including but not limited\nto national veterans' cemeteries, county veterans' cemeteries,\ncemeteries that have plots devoted to veterans, not-for-profit\ncemeteries and any other burial ground devoted to veterans and any other\ntype of burial grounds devoted to the interment of human remains that is\nof public record; and\n (xviii) Such other and further items as the commissioner of the\ndepartment deems necessary for the first state veterans' cemetery to be\nsuccessful.\n A report of the investigation and study conclusions shall be delivered\nto the governor, the temporary president of the senate, the speaker of\nthe assembly and the chair of the senate committee on veterans, homeland\nsecurity and military affairs, and the chair of the assembly committee\non veterans' affairs by no later than one hundred eighty days after the\ndepartment has commenced the conduct of the investigation and study.\n (a-2) Upon the completion of the investigation and study, the results\nshall be provided to the selection committee. The selection committee\nshall consist of nine members as follows:\n (i) The commissioner of the department of veterans' services, or his\nor her representative;\n (ii) The director of the division of the budget, or his or her\nrepresentative;\n (iii) Three members appointed by the governor, two of whom shall be\nveterans;\n (iv) Two members appointed by the temporary president of the senate,\nat least one of whom shall be a veteran; and\n (v) Two members appointed by the speaker of the assembly, at least one\nof whom shall be a veteran.\n (a-3) The selection committee shall be subject to articles six and\nseven of the public officers law. The selection committee shall evaluate\nthe results of the study and, upon a majority vote, make a determination\nas to the location of the first state veterans' cemetery. In making this\ndetermination, the committee's consideration shall, at a minimum,\ninclude:\n (i) The findings established by the study;\n (ii) The submitted responses to the requests for information issued\npursuant to paragraph (a) of this subdivision;\n (iii) The guidelines for receipt of federal funding specified in 38\nUSC 2408, 38 CFR 39, and any other relevant federal statute or\nregulation;\n (iv) The possibility of funding from private individuals,\ncorporations, or foundations; and\n (v) Any other consideration that would facilitate the successful\noperation of the first state veterans' cemetery.\n (b) The commissioner of the department, the commissioner of the office\nof general services, and the chair of the division of cemeteries shall\ndetermine the amount of money necessary to fund the non-reimbursable\ncosts of a state veterans' cemetery, such as operation and maintenance,\nfor a period of not less than ten years, provided that such amount shall\nnot include monies that would be recoverable by the cemetery pursuant to\na charge of fee for the provision of a gravesite for a non-veteran\nspouse or eligible dependent. Prior to submitting any application for\nfunding from the government of the United States in accordance with the\ngrant requirements specified in 38 USC 2408, 38 CFR 30, and other\nrelevant federal statutes or regulations, for the purpose of seeking\nfunds to support the construction, establishment, expansion,\nimprovement, support, operation or maintenance of New York state's\nveterans' cemeteries, the director of the division of the budget and the\noffice of the state comptroller must certify to the governor, the\ntemporary president of the senate, the speaker of the assembly, the\nchair of the senate finance committee and the chair of the assembly ways\nand means committee that there are sufficient funds to cover such\namount; provided further that such moneys may include the veterans\nremembrance and cemetery maintenance and operation fund created pursuant\nto section ninety-seven-mmmm of the state finance law. In making such a\ncertification, the director of the division of the budget and the office\nof the state comptroller shall consider, but are not limited to, the\nfollowing factors:\n (i) physical attributes of the veterans cemetery, including size,\nlocation, and terrain;\n (ii) staffing costs, cost of equipment and equipment maintenance, and\nsecurity costs;\n (iii) relevant state and federal requirements and specifications for\ninterment and perpetual care;\n (iv) estimates provided by the United States Department of Veterans\nAffairs;\n (v) any other non-reimbursable fiscal cost, charge or assessment that\nwould be incurred by the cemetery.\n (c) Once the certification that there are sufficient funds pursuant to\nparagraph (b) of this subdivision has been made, and no later than\nthirty days following the selection of the site pursuant to paragraph\n(a-3) of this subdivision, the commissioner, in consultation with the\nmanagement board of the first New York state veterans' cemetery, shall\ncommence the application process for funding from the government of the\nUnited States, in accordance with the grant requirements specified in\nsection 2408 of title 38 of the United States code, part 39 of title 38\nof the code of federal regulations, and any other relevant federal\nstatute or regulation, for the purpose of seeking funds to support the\nconstruction, establishment, expansion, improvement, support, operation,\nmaintenance and the provision of perpetual care of New York state's\nfirst veterans' cemetery. Such grant application shall be based on a\nsite selected pursuant to paragraph (a-3) of this subdivision, and shall\nbe consistent with the guidelines for receipt of federal funding\npursuant to the relevant provisions of federal law.\n (d) A management board for the first New York state veterans' cemetery\nshall be appointed pursuant to subdivision three of this section.\n (e) The commissioner shall promulgate rules and regulations governing:\n (i) The guidelines and standards for the construction, establishment,\nexpansion, improvement, support, operation, maintenance and the\nprovision of perpetual care for a state veterans' cemetery. Such\nguidelines shall include, but not be limited to:\n (1) The size and terrain of the cemetery;\n (2) The management and operation of the cemetery, including but not\nlimited to:\n (A) Hours of operation;\n (B) Employees, employee relations, and employee duties;\n (C) The conduct and practice of events, ceremonies and programs;\n (D) The filing and compliance of the cemetery with state and federal\nregulators; and\n (E) Such other and further operational and management practices and\nprocedures as the commissioner shall determine to be necessary for the\nsuccessful operation of a state veterans' cemetery.\n (3) The layout of plots;\n (4) The locations of building and infrastructure, including but not\nlimited to:\n (A) Electrical lines and facilities;\n (B) Waterlines, irrigation systems, and drainage facilities;\n (C) Trees, flowers and other plantings;\n (D) Non gravesite memorials, gravesite memorials, mausoleums,\ncolumbarium niches, headstones, grave markers, indoor interment\nfacilities, committal-service shelters, signage, flag poles, and other\nmemorial gathering spaces or infrastructure;\n (E) Roadways, pedestrian pathways, parking sites, curbs and curb cuts;\n (F) Ponds, lakes and other water sites;\n (G) Retaining walls, gates, fences, security systems or other devices\nfor cemetery protection; and\n (H) Any other buildings, structures or infrastructure necessary for\nthe safe, efficient and effective operation of the cemetery;\n (5) The qualifications for interment, consistent with the provisions\nof state and federal law and any requirements pursuant to the receipt of\nfederal, state, local or private funds;\n (6) The location and placement of interments;\n (7) Consistent with the provisions of state and federal law and any\nrequirements pursuant to the receipt of federal, state, local or private\nfunds, the financial management of the cemetery, including but not\nlimited to:\n (A) The procedures for the protection and implementation of the\ncemetery's annual budget;\n (B) The seeking, collecting, deposit and expenditure of operating\nfunds pursuant to the cemetery's budget;\n (C) The seeking, collecting, deposit and expenditure of capital funds\npursuant to the cemetery's capital plan;\n (D) The seeking, collecting, deposit and expenditure of emergency\nfunds to address an unexpected event;\n (E) The assessment, charging, collection and deposit of fees and\ncharges;\n (F) The management of cemetery finances, both current and future, with\nrespect to investments; and\n (G) Such other and further procedures and activities concerning the\nfinancial management of the cemetery;\n (8) The provision of perpetual care for the cemetery, including but\nnot limited to:\n (A) The frequency, standards and methods for the beautification and\nmaintenance of grounds, memorials, gravesites, buildings, ceremonial\nsites, or other locations within, or upon the curtilage of the cemetery;\n (B) The frequency, standards and methods for the provision of flags,\npatriotic and military symbols, and other honorary items, at each\ngravesite and throughout the cemetery; and\n (C) Such other and further standards as are necessary to assure the\nproper perpetual care of the cemetery in a manner befitting the highest\nlevel of honor and respect deserving to those veterans and their\nfamilies interred in the cemetery;\n (9) Guidelines and standards for the procurement of land for the\ncemetery providing that the state veterans' cemetery, and all the\nproperty upon which it resides shall be owned in fee simple absolute by\nthe state of New York;\n (10) Guidelines and standards for the practices and procedures for the\nconstruction and establishment of a state veterans' cemetery, including\ncontracting and purchasing for construction services, professional\nservices, legal services, architectural services, consulting services,\nas well as the procurement of materials, all consistent with the\nrelevant provisions of federal, state and local law, the regulations\npromulgated thereunder, and the requirements contained in the grants\nawarded or pursued from the federal government, or any source of private\nfunding;\n (11) Guidelines and standards for the practices and procedures for the\nexpansion and improvement of a state veterans' cemetery, including\ncontracting and purchasing for construction services, professional\nservices, legal services, architectural services, consulting services,\nas well as the procurement of materials, all consistent with the\nrelevant provisions of federal, state and local law, the regulations\npromulgated thereunder, and the requirements contained in the grants\nawarded or pursued from the federal government, or any source of private\nfunding;\n (12) Any other guidelines and standards that would facilitate the\nsuccessful construction, establishment, expansion, improvement, support,\noperation, maintenance and the provision of perpetual care for the state\nveterans' cemetery;\n (ii) Guidelines and standards for any local government desiring to\nhave the first state veterans' cemetery located within its political\nsubdivision, including, but not limited to:\n (1) The requirement that the local government will comply with all\nstate and federal statutes and regulations concerning the construction,\nestablishment, expansion, improvement, support, operation, maintenance\nand the provision of perpetual care of the state veterans' cemetery, and\nshall satisfy any and all applicable state and federal standards and\nrequirements for the perpetual care of the state veterans' cemetery;\n (2) That the state veterans' cemetery, and all the property upon which\nit resides shall be owned in fee simple absolute by the state of New\nYork;\n (3) That all lands upon which such cemetery is constructed and\nestablished shall be used solely for state veterans' cemetery purposes,\nand for the purpose of providing the honor and remembrance of veterans\nand their service through ceremonies and programs;\n (4) Such other and further requirements as the commissioner may deem\nprudent in the facilitation of the successful siting and operation of a\nstate veterans' cemetery in the jurisdiction of the local government;\nand\n (iii) Such other and further guidelines and standards as are necessary\nfor the successful construction, establishment, expansion, improvement,\nsupport, operation, maintenance and the provision of perpetual care for\na state veterans' cemetery.\n (f) Upon the approval of the application for funding from the\ngovernment of the United States, made pursuant to paragraph (c) of this\nsubdivision, the commissioner, upon consultation with the management\nboard, shall commence the process of construction and establishment of\nthe first state veterans' cemetery. Such process shall be consistent\nwith the relevant provisions of local, state and federal law, and the\nrules and regulations established pursuant to paragraph (e) of this\nsubdivision.\n 3. Management boards of New York state veterans' cemeteries. (a) For\neach New York state veterans' cemetery there shall be a management\nboard. Each such management board shall consist of nine members,\nincluding the commissioner of the department who shall serve as chair,\nand four members, appointed by the governor. Of such four members, not\nfewer than two shall be a veteran of the United States as defined in\nsection one of this article or a member of the New York army national\nguard or the New York air national guard, or the New York naval militia.\nTwo members shall be appointed by the temporary president of the senate,\nand two members shall be appointed by the speaker of the state assembly.\nAt least one of the members appointed by the temporary president of the\nsenate and at least one of the members appointed by the speaker of the\nassembly shall be a veteran of the United States as defined in section\none of this article or a member of the New York army national guard or\nthe New York air national guard, or the New York naval militia. No\nmember shall receive any compensation for his or her service, but\nmembers who are not state officials may be reimbursed for their actual\nand necessary expenses, including travel expenses incurred in\nperformance of their duties. The management board may consult with any\nfederal, state or local entity for the purposes of advancing its\npurposes, mission and duties.\n (b) The management board shall advise, by majority vote, the\ncommissioner on issues concerning the construction, establishment,\nexpansion, improvement, support, operation, maintenance and the\nprovision of perpetual care for the veterans' cemetery, including but\nnot limited to issues of financial concern, employment relations,\ncemetery policy, cemetery events and programs, and such other and\nfurther issues as the board and commissioner shall deem important.\n 4. Additional state veterans' cemeteries. (a) Not later than ten years\nafter the construction and establishment of the first New York state\nveterans' cemetery, and every ten years thereafter, the department, in\ncooperation with the United States Department of Veterans Affairs, shall\nconduct an investigation and study on the issue of the construction and\nestablishment of additional New York state veterans' cemeteries. Such\ninvestigation and study shall consider, but not be limited to, the study\nparameters established pursuant to paragraph (a) of subdivision two of\nthis section. A report of the investigation and study required to be\nconducted pursuant to this subdivision shall be delivered to the\ngovernor, the temporary president of the senate, the speaker of the\nassembly and the chair of the senate committee on veterans, homeland\nsecurity and military affairs, and the chair of the assembly committee\non veterans' affairs, by no later than ninety days after the department\nhas commenced the conduct of the investigation and study;\n (b) The report of the investigation and study required to be conducted\npursuant to this subdivision shall provide a determination by the\ndirector as to whether the state should construct and establish one or\nmore additional veterans' cemeteries, and shall state the reasoning and\nbasis for such determination; and\n (c) The department may, at the discretion of the commissioner, at any\ntime after five years from the completion of construction of the most\nrecently constructed and established state veterans' cemetery, in\ncooperation with the United States Department of Veterans Affairs,\nconduct an investigation and study on the issue of the construction and\nestablishment of additional New York state veterans' cemeteries. A\nreport of the investigation and study required to be conducted shall be\ndelivered to the governor, the temporary president of the senate, the\nspeaker of the assembly and the chair of the senate committee on\nveterans, homeland security and military affairs, and the chair of the\nassembly committee on veterans' affairs, by no later than ninety days\nafter the department has commenced the conduct of the investigation and\nstudy.\n (d) If the commissioner, pursuant to the investigation and study\nconducted pursuant to this subdivision, determines that there shall be\nan additional state veterans' cemetery in New York state, the\ncommissioner shall provide for the construction and establishment of\nsuch new veterans' cemetery pursuant to the same guidelines and\nstandards for the construction and establishment of the first state\nveterans' cemetery under this section.\n 5. Expansion and improvement of existing state veterans' cemeteries.\nThe commissioner, in consultation with the management board of a state\nveterans' cemetery, may provide for the expansion and/or improvement of\nthe cemetery. Such expansion and improvement shall be conducted in\naccordance with the rules and regulations of the department under\nparagraph (e) of subdivision two of this section.\n