S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10782
 
                           I N  A S S E M B L Y
 
                               July 10, 2020
                                ___________
 
 Introduced  by  COMMITTEE  ON  RULES -- (at request of M. of A. Barrett,
   Buttenschon) -- read once and referred to the Committee  on  Veterans'
   Affairs
 
 AN  ACT to amend the executive law, in relation to costs associated with
   the establishment of New York state veterans' cemeteries
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Paragraphs (b) and (g) of subdivision 2 of section 365 of
 the executive law, paragraph (b) as added by section  5  of  part  W  of
 chapter  57  of the laws of 2013, the opening paragraph of paragraph (b)
 and paragraph (g) as amended by section 11 of part AA of chapter  56  of
 the laws of 2019, are amended to read as follows:
   (b) [Prior to the commencement of the investigation and study pursuant
 to  paragraph  (a)  of this subdivision, the director of the division of
 veterans' services, the director of the division of the budget, the] THE
 director of the department of state's division of  cemeteries,  and  the
 office of the state comptroller must certify to the governor, the tempo-
 rary  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] AT  THE  COMMENCEMENT  OF  THE  APPLICATION
 PROCESS  PURSUANT  TO PARAGRAPH (E) OF THIS SUBDIVISION THERE ARE moneys
 sufficient, adjusted to reflect projected future inflation, to fund  the
 NON-REIMBURSABLE  COSTS  RELATED  TO FUTURE operation[,] AND maintenance
 [and the provision of perpetual care] of a state veterans' cemetery  for
 a period of not less than [fifteen] TEN 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; 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD16706-03-0

 A. 10782                            2
 
 certification, the director of the division of veterans'  services,  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  comp-
 troller 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 NON-REIMBURSABLE fiscal cost, charge or assessment that
 would be incurred by the cemetery.
   (g) Nothing in this section shall be construed to authorize the  divi-
 sion  of  veterans'  services  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  para-
 graph (d) of this subdivision, or submitting] SUBMIT 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 seek-
 ing   funds  to  support  the  construction,  establishment,  expansion,
 improvement, support, operation, OR 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 certi-
 fied]  COMPLETION OF THE CERTIFICATION pursuant to paragraph (b) of this
 subdivision.
   § 2. Section 353 of the executive law  is  amended  by  adding  a  new
 subdivision 25 to read as follows:
   25.  TO  MAKE  WIDELY AVAILABLE TO THE PUBLIC VIA, AMONG OTHER THINGS,
 PUBLICATION ON THE DIVISION'S WEBSITE AND FREE MOBILE APPLICATION PURSU-
 ANT TO SUBDIVISION FOURTEEN-A OF THIS SECTION, INFORMATION REGARDING THE
 VETERANS REMEMBRANCE AND CEMETERY MAINTENANCE AND OPERATION FUND  ESTAB-
 LISHED PURSUANT TO SECTION NINETY-SEVEN-MMMM OF THE STATE FINANCE LAW.
   § 3. This act shall take effect immediately.