S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8791
 
                             I N  S E N A T E
 
                               July 16, 2020
                                ___________
 
 Introduced  by  Sen.  BROOKS -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 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
 certification,  the  director of the division of veterans' services, the
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

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

 S. 8791                             2

 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.