S. 4213 2
2. SUCH FUND SHALL CONSIST OF ALL REVENUES RECEIVED BY THE DEPARTMENT
OF TAXATION AND FINANCE, PURSUANT TO THE PROVISIONS OF SECTION SIX
HUNDRED TWENTY-SEVEN-A OF THE TAX LAW, AND ALL OTHER MONEYS APPROPRI-
ATED, CREDITED, OR TRANSFERRED THERETO FROM ANY OTHER FUND OR SOURCE
PURSUANT TO LAW. FOR EACH STATE FISCAL YEAR, THERE SHALL BE APPROPRIATED
TO THE FUND BY THE STATE, IN ADDITION TO ALL OTHER MONEYS REQUIRED TO BE
DEPOSITED INTO SUCH FUND, AN AMOUNT EQUAL TO THE AMOUNTS OF MONIES
COLLECTED AND DEPOSITED INTO THE FUND PURSUANT TO SECTION SIX HUNDRED
TWENTY-SEVEN-A OF THE TAX LAW, AND THE AMOUNTS OF MONEYS RECEIVED AND
DEPOSITED INTO THE FUND FROM GRANTS, GIFTS AND BEQUESTS DURING THE
PRECEDING CALENDAR YEAR, AS CERTIFIED BY THE COMPTROLLER. NOTHING IN
THIS SECTION SHALL PREVENT THE STATE FROM SOLICITING AND RECEIVING
GRANTS, GIFTS OR BEQUESTS FOR THE PURPOSES OF THE FUND AS DEFINED IN
THIS SECTION AND DEPOSITING THEM INTO THE FUND ACCORDING TO LAW.
3. ON OR BEFORE THE FIRST DAY OF FEBRUARY OF EACH CALENDAR YEAR, THE
COMPTROLLER SHALL 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, THE
AMOUNT OF MONEY DEPOSITED IN VETERANS REMEMBRANCE AND CEMETERY MAINTE-
NANCE AND OPERATION FUND DURING THE PRECEDING CALENDAR YEAR AS THE
RESULT OF REVENUE DERIVED PURSUANT TO SECTION SIX HUNDRED TWENTY-SEVEN-A
OF THE TAX LAW, AND FROM ALL GRANTS, GIFTS AND BEQUESTS.
4. MONEYS OF THE FUND SHALL BE EXPENDED ONLY FOR THE CONSTRUCTION,
ESTABLISHMENT, EXPANSION, IMPROVEMENT, SUPPORT, OPERATION, MAINTENANCE
AND THE PROVISION OF PERPETUAL CARE OF STATE VETERANS CEMETERIES. AS
USED IN THIS SECTION, "THE CONSTRUCTION, ESTABLISHMENT, EXPANSION,
IMPROVEMENT, SUPPORT, OPERATION, MAINTENANCE AND THE PROVISION OF
PERPETUAL CARE OF STATE VETERANS CEMETERIES" SHALL INCLUDE, BUT NOT BE
LIMITED TO:
(A) THE PURCHASE, LEASING OR IMPROVEMENT OF LAND FOR THE PURPOSE OF
THE CONSTRUCTION, ESTABLISHMENT, EXPANSION, IMPROVEMENT, SUPPORT, OPERA-
TION, MAINTENANCE AND THE PROVISION OF PERPETUAL CARE OF STATE VETERANS
CEMETERIES;
(B) THE PURCHASE, LEASING, CONSTRUCTION OR IMPROVEMENT OF BUILDINGS OR
INFRASTRUCTURE FOR THE PURPOSE OF THE CONSTRUCTION, ESTABLISHMENT,
EXPANSION, IMPROVEMENT, SUPPORT, OPERATION, MAINTENANCE AND THE
PROVISION OF PERPETUAL CARE OF STATE VETERANS CEMETERIES;
(C) THE PURCHASE OR LEASING OF EQUIPMENT, TOOLS, BUILDING MATERIALS,
LANDSCAPING MATERIALS, MARKERS, MONUMENTS, HEADSTONES, FLAGS, FLAG
POLES, OR RELATED REMEMBRANCE OR CEMETERY ITEMS FOR THE CONSTRUCTION,
ESTABLISHMENT, EXPANSION, IMPROVEMENT, SUPPORT, OPERATION, MAINTENANCE
AND THE PROVISION OF PERPETUAL CARE OF STATE VETERANS CEMETERIES;
(D) THE PAYMENT OF SALARIES, WAGES, BENEFITS, PROFESSIONAL SERVICE
FEES, CONTRACT FEES, ASSOCIATION FEES, OR OTHER CHARGES NECESSARY FOR
THE CONSTRUCTION, ESTABLISHMENT, EXPANSION, IMPROVEMENT, SUPPORT, OPERA-
TION, MAINTENANCE AND THE PROVISION OF PERPETUAL CARE OF STATE VETERANS
CEMETERIES; AND/OR
(E) THE PURCHASE OF ANY OTHER ITEM OR SERVICE NECESSARY FOR THE
CONSTRUCTION, ESTABLISHMENT, EXPANSION, IMPROVEMENT, SUPPORT, OPERATION,
MAINTENANCE AND THE PROVISION OF PERPETUAL CARE OF A STATE VETERANS
CEMETERY.
5. MONEYS SHALL BE PAYABLE FROM THE FUND ON THE AUDIT AND WARRANT OF
THE COMPTROLLER ON VOUCHERS APPROVED AND CERTIFIED BY THE DIRECTOR OF
VETERANS AFFAIRS.
S 3. Subdivision 12 of section 353 of the executive law is REPEALED
and a new subdivision 12 is added to read as follows:
S. 4213 3
12. (A) FOR THE PURPOSE OF PROVIDING FOR THE CONSTRUCTION, ESTABLISH-
MENT, EXPANSION, IMPROVEMENT, SUPPORT, OPERATION, MAINTENANCE AND THE
PROVISION OF PERPETUAL CARE FOR STATE VETERANS CEMETERIES, TO SEEK FUND-
ING FROM, AND MAKE APPLICATION FOR FUNDING TO:
(1) THE GOVERNMENT OF THE UNITED STATES, INCLUDING ANY AGENCY OR
PUBLIC AUTHORITY THEREOF;
(2) THE GOVERNMENT OF THE STATE OF NEW YORK, INCLUDING ANY AGENCY OR
PUBLIC AUTHORITY THEREOF;
(3) ANY POLITICAL SUBDIVISION OF THE GOVERNMENT OF THE STATE OF NEW
YORK, INCLUDING ANY AGENCY OR PUBLIC AUTHORITY THEREOF; OR
(4) ANY PRIVATE INDIVIDUAL, CORPORATION OR FOUNDATION;
(B) PURSUANT TO SECTION THREE HUNDRED SIXTY-FIVE OF THIS ARTICLE, TO
PROVIDE THE CONSTRUCTION, ESTABLISHMENT, EXPANSION, IMPROVEMENT,
SUPPORT, OPERATION, MAINTENANCE AND THE PROVISION OF PERPETUAL CARE FOR
STATE VETERANS CEMETERIES;
(C) TO SERVE AS JOINT CUSTODIAN OF, AND PROVIDE FOR THE EXPENDITURE OF
MONEYS FROM, THE VETERANS REMEMBRANCE AND CEMETERY MAINTENANCE AND OPER-
ATION FUND, ESTABLISHED PURSUANT TO SECTION NINETY-SEVEN-MMMM OF THE
STATE FINANCE LAW; AND
(D) TO EVALUATE, MONITOR AND OTHERWISE OVERSEE THE OPERATION OF VETER-
ANS CEMETERIES IN THIS STATE.
S 4. Subdivision 12-a of section 353 of the executive law is REPEALED.
S 5. The executive law is amended by adding a new section 365 to read
as follows:
S 365. NEW YORK STATE VETERANS CEMETERIES. 1. LEGISLATIVE INTENT. THE
LEGISLATURE FINDS AND DETERMINES THAT THE DEVOTED SERVICE AND SACRIFICE
OF VETERANS DESERVES IMPORTANT, UNIQUE AND ETERNAL RECOGNITION BY THE
STATE OF NEW YORK. THAT IT IS BY MEANS OF THE DEVOTED SERVICE AND SACRI-
FICE 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, IMPROVE-
MENT, 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 APPRO-
PRIATE 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, 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:
S. 4213 4
(I) POTENTIAL SITE LOCATIONS FOR SUCH CEMETERY, WITH FULL CONSIDER-
ATION AS TO THE NEEDS OF THE VETERANS POPULATION;
(II) THE GEOGRAPHICAL SIZE OF THE CEMETERY;
(III) THE NUMBER OF ANNUAL INTERMENTS AT THE CEMETERY;
(IV) 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;
(VII) SCALABILITY OF THE CEMETERY FOR FUTURE GROWTH AND EXPANSION;
(VIII) POTENTIAL FOR FUNDING FOR THE CEMETERY FROM FEDERAL, LOCAL AND
PRIVATE SOURCES; AND
(IX) SUCH OTHER AND FURTHER ITEMS AS THE DIRECTOR OF THE DIVISION
DEEMS NECESSARY FOR THE FIRST STATE VETERANS CEMETERY TO BE SUCCESSFUL.
THE INVESTIGATION AND STUDY CONDUCTED PURSUANT TO THIS PARAGRAPH SHALL
BE CONCLUDED BY NO LATER THAN OCTOBER THIRTY-FIRST, TWO THOUSAND THIR-
TEEN, AND A REPORT OF ITS CONCLUSIONS SHALL BE DELIVERED TO THE GOVER-
NOR, 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 NOVEMBER ELEVENTH, TWO THOUSAND THIRTEEN.
(B) BY NO LATER THAN DECEMBER FIRST, TWO THOUSAND THIRTEEN, PURSUANT
TO THE RULES AND REGULATIONS ISSUED UNDER PARAGRAPH (F) OF THIS SUBDIVI-
SION, 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 THEIR POLITICAL SUBDIVISION. SUCH
REQUEST FOR PROPOSALS SHALL BE RETURNABLE TO THE DIVISION BY NO LATER
THAN JANUARY THIRTY-FIRST, TWO THOUSAND FOURTEEN.
(C) NO LATER THAN FEBRUARY FIFTEENTH, TWO THOUSAND FOURTEEN, 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 STAT-
UTE OR REGULATION;
(IV) THE POSSIBILITY OF FUNDING FROM PRIVATE INDIVIDUALS, CORPORATIONS
OR FOUNDATIONS; AND
(V) ANY OTHER CONSIDERATION THAT WOULD FACILITATE THE SUCCESSFUL OPER-
ATION OF THE FIRST NEW YORK STATE VETERANS CEMETERY.
(D) NO LATER THAN MARCH FIRST, TWO THOUSAND FOURTEEN, THE DIRECTOR, IN
CONSULTATION WITH THE MANAGEMENT BOARD OF THE FIRST NEW YORK STATE
VETERANS CEMETERY, SHALL MAKE AN APPLICATION FOR FUNDING FROM THE
GOVERNMENT OF THE UNITED STATES, IN ACCORDANCE WITH THE GRANT REQUIRE-
MENTS 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 VETERAN CEMETERY. SUCH GRANT APPLICATION SHALL BE
BASED ON A SITE SELECTED PURSUANT TO PARAGRAPH (C) OF THIS SUBDIVISION,
S. 4213 5
AND SHALL BE CONSISTENT WITH THE GUIDELINES FOR RECEIPT OF FEDERAL FUND-
ING PURSUANT TO THE RELEVANT PROVISIONS OF FEDERAL LAW.
(E) THE GOVERNOR SHALL APPOINT A MANAGEMENT BOARD FOR THE FIRST NEW
YORK STATE VETERANS CEMETERY PURSUANT TO SUBDIVISION THREE OF THIS
SECTION. THE GOVERNOR SHALL PRESENT APPOINTMENTS FOR CONFIRMATION BY
THE SENATE FOR THE MANAGEMENT BOARD OF THE FIRST NEW YORK STATE VETERANS
CEMETERY BY NO LATER THAN JANUARY FIFTEENTH, TWO THOUSAND FOURTEEN.
(F) 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 GUIDE-
LINES 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, HEAD-
STONES, GRAVE MARKERS, INDOOR INTERMENT FACILITIES, 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 CEME-
TERY'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;
S. 4213 6
(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 CARTILAGE 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 FAMI-
LIES INTERRED IN THE CEMETERY; AND
(9) GUIDELINES AND STANDARDS FOR THE PROCUREMENT OF LAND FOR THE CEME-
TERY 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, EXCEPT THAT UPON ELECTION OF THE DIRECTOR, IN CONSULTATION
WITH THE MANAGEMENT BOARD, MAY PERMIT THE INDIVIDUAL BURIAL PLOTS TO BE
OWNED BY THE VETERAN OR VETERAN FAMILY MEMBER, OR THEIR DESCENDENTS
AUTHORIZED TO BE INTERRED IN SUCH PLOTS;
(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 RELE-
VANT PROVISIONS OF FEDERAL, STATE AND LOCAL LAW, THE REGULATIONS PROMUL-
GATED THEREUNDER, AND THE REQUIREMENTS CONTAINED IN THE GRANTS AWARDED
OR PURSUED FROM THE FEDERAL GOVERNMENT, OR ANY SOURCE OF PRIVATE FUND-
ING;
(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 RELE-
VANT PROVISIONS OF FEDERAL, STATE AND LOCAL LAW, THE REGULATIONS PROMUL-
GATED THEREUNDER, AND THE REQUIREMENTS CONTAINED IN THE GRANTS AWARDED
OR PURSUED FROM THE FEDERAL GOVERNMENT, OR ANY SOURCE OF PRIVATE FUND-
ING;
(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 THEIR 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, IMPROVE-
MENT, SUPPORT, OPERATION, MAINTENANCE AND THE PROVISION OF PERPETUAL
CARE OF THE VETERANS CEMETERY SHALL BE THE SOLE RESPONSIBILITY OF, AND
S. 4213 7
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, EXCEPT THAT UPON ELECTION OF THE DIRECTOR, IN CONSULTATION WITH
THE MANAGEMENT BOARD, MAY PERMIT THE INDIVIDUAL BURIAL PLOTS TO BE OWNED
BY THE VETERAN OR VETERAN FAMILY MEMBER, OR THEIR DESCENDANTS AUTHORIZED
TO BE INTERRED TO IN SUCH PLOTS;
(5) THAT ALL LANDS UPON WHICH SUCH CEMETERY IS CONSTRUCTED AND ESTAB-
LISHED 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, IF THE DIRECTOR SO ELECTS, 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 OBLI-
GATIONS UNDER THE CONTRACT WITH THE STATE OF NEW YORK, THAT THE COMP-
TROLLER MAY RECOUP 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 PROHIB-
ITED BY LAW, WITHHOLD SUCH AMOUNT FROM ANY STATE AID OR OTHER AMOUNT
PAYABLE TO SUCH LOCAL GOVERNMENT; 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;
(G) UPON THE ACCUMULATION OF SUFFICIENT FUNDS IN THE VETERANS REMEM-
BRANCE AND CEMETERY MAINTENANCE AND OPERATION FUND, TO PROVIDE FOR THE
DESIGN, CONSTRUCTION AND ESTABLISHMENT OF A STATE VETERANS CEMETERY, AND
FOR THE SUPPORT, OPERATION, MAINTENANCE AND THE PROVISION OF PERPETUAL
CARE OF SUCH CEMETERY FOR A PERIOD OF NOT LESS THAN TEN YEARS, ACCORDING
TO ESTIMATES IN THE BUDGET ADOPTED BY THE MANAGEMENT BOARD PURSUANT TO
THE GUIDELINES AND PROCEDURES ESTABLISHED IN PARAGRAPH (F) 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 (F) 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 SEVEN MEMBERS, INCLUDING THE
DIRECTOR OF THE DIVISION WHO SHALL SERVE AS CHAIR, AND SIX MEMBERS,
APPOINTED BY THE GOVERNOR UPON ADVICE AND CONSENT OF THE SENATE. OF SUCH
SIX MEMBERS, NOT LESS THAN FIVE 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
S. 4213 8
IN A THEATER OF COMBAT OPERATIONS OF THE UNITED STATES COAST GUARD OR
THE UNITED STATES MERCHANT MARINES.
(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 GOVER-
NOR, 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 DIREC-
TOR 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 RECENT-
LY CONSTRUCTED AND ESTABLISHED STATE VETERANS CEMETERY, IN COOPERATION
WITH THE UNITED STATES DEPARTMENT OF VETERANS AFFAIRS, CONDUCT AN INVES-
TIGATION AND STUDY ON THE ISSUE OF THE CONSTRUCTION AND ESTABLISHMENT OF
ADDITIONAL NEW YORK STATE VETERANS CEMETERIES. A REPORT OF THE INVESTI-
GATION AND STUDY REQUIRED TO BE CONDUCTED SHALL BE DELIVERED TO THE
GOVERNOR, THE TEMPORARY PRESIDENT OF THE SENATE, THE SPEAKER OF THE
ASSEMBLY, THE CHAIR OF THE SENATE COMMITTEE ON VETERANS, HOMELAND SECU-
RITY 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 ADDI-
TIONAL 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 PARA-
GRAPH (F) OF SUBDIVISION TWO OF THIS SECTION.
S 6. This act shall take effect immediately.