NY State Senate Bill 2013-S4213

Senate Bill S4213

2013-2014 Legislative Session

Provides for the establishment and operation of state veterans cemeteries by the division of veterans' affairs; repealer

download bill text pdf

Archive: Last Bill Status - Stricken

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 17, 2013	recommit, enacting clause stricken
Mar 14, 2013	referred to veterans, homeland security and military affairs

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2013-S4213 (ACTIVE) - Details

Law Section:: Tax Law
Laws Affected:: Add §627-a, Tax L; add §97-mmmm, St Fin L; rpld §353 subs 12 & 12-a, amd §353, add §365, Exec L

2013-S4213 (ACTIVE) - Summary

Establishes the personal income tax gift for honor and remembrance of veterans; establishes the veterans remembrance and cemetery maintenance and operation fund; provides for the establishment and operation of state veterans cemeteries by the division of veterans affairs.

2013-S4213 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S4213

TITLE OF BILL:  An act to amend the tax law, the state finance law and
the executive law, in relation to gifts for honor and remembrance of
veterans, the establishment of the veterans remembrance and cemetery
maintenance and operation fund, and to repeal certain provisions of
the executive law relating thereto

PURPOSE: This bill would create a program to establish the first New
York State Veterans Cemetery.

SUMMARY OF PROVISIONS:  This bill would amend the tax law, the state
finance law, and the executive law to create a state veterans cemetery
program for the construction, establishment, expansion, improvement,
support, operation, maintenance and the provision of perpetual care
for a veterans cemetery.

This program, overseen and managed by the New York State Division of
Veterans Affairs, would create a the first New York State veterans
cemetery, and provide for a program for its operation, maintenance and
perpetual care. To support the cemetery, this bill would also
establish a tax check off box on state tax returns, and a Veterans
Remembrance and Cemetery Maintenance and Operation Fund.

JUSTIFICATION:  New York State proudly is home to one of the largest
number of veterans in the United States. Through countless

generations, our veterans have answered the call and have placed
themselves as the defenders of our freedoms and liberties.

This bill seeks to provide the mechanism for the establishment of a
New York State Veterans Cemetery Program.

Presently, 42 states maintain at least one state veterans cemetery.
The construction and design of such state veterans cemeteries is
supported through a federal grant program operated under the oversight
of the United States Veterans Administration.  This bill would provide
for the establishment of the first New York State Veterans Cemetery.
The cemetery would be established through a program administered by
the New York State Division of Veterans Affairs.

This new program is a necessary and prudent step toward recognizing
the commitment and sacrifice our state's veterans have made, and would
be accomplished in cooperation with both the federal government and
the locality in which the cemetery would be sited. Upon thoughtful
study and investigation, this bill would establish a framework,
together with a tax check off program and a state created Veterans
Remembrance and Memorial Fund, to finance perpetual care and the costs
of this cemetery program.

Pursuant to this bill, New York State's Veterans will at long last
receive the eternal recognition and they have earned, in a manner
which seeks to deliver the best possible outcome for those who have
given so much of themselves for all the people of our State.

LEGISLATIVE HISTORY:  This is a new bill (although a similar bill
S.2424-a passed the Senate in 2011, 60-0)


FISCAL IMPLICATIONS:  A $500,000 accompanying re-appropriation from
the 2012-2013 budget would be made in support of this bill, which
could be 100 percent reimbursable from the federal government pursuant
to its Veterans Administration grant program. Additionally, this bill
would also establish a tax check off program for Veterans Cemeteries
and a Veterans Remembrance and Memorial Fund to receive grants and the
monies collected from the tax check off.

EFFECTIVE DATE:  This act would take effect immediately.

2013-S4213 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  4213

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                             March 14, 2013
                               ___________

Introduced  by  Sen.  BALL  --  read twice and ordered printed, and when
  printed to be committed to the Committee on Veterans, Homeland Securi-
  ty and Military Affairs

AN ACT to amend the tax law, the state finance  law  and  the  executive
  law,  in  relation to gifts for honor and remembrance of veterans, the
  establishment of the veterans remembrance and cemetery maintenance and
  operation fund, and to repeal certain provisions of the executive  law
  relating thereto

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The tax law is amended by adding a  new  section  627-a  to
read as follows:
  S 627-A. GIFT FOR HONOR AND REMEMBRANCE OF VETERANS. EFFECTIVE FOR ANY
TAX YEAR COMMENCING ON OR AFTER JANUARY FIRST, TWO THOUSAND THIRTEEN, AN
INDIVIDUAL  IN  ANY TAXABLE YEAR MAY ELECT TO CONTRIBUTE TO THE VETERANS
REMEMBRANCE AND CEMETERY MAINTENANCE AND OPERATION FUND.  SUCH  CONTRIB-
UTION  SHALL  BE  IN  ANY  WHOLE  DOLLAR AMOUNT AND SHALL NOT REDUCE THE
AMOUNT OF STATE TAX OWED BY  SUCH  INDIVIDUAL.  THE  COMMISSIONER  SHALL
INCLUDE  SPACE ON THE PERSONAL INCOME TAX RETURN TO ENABLE A TAXPAYER TO
MAKE SUCH CONTRIBUTION. NOTWITHSTANDING ANY OTHER PROVISION OF LAW,  ALL
REVENUES  COLLECTED  PURSUANT  TO  THIS SECTION SHALL BE CREDITED TO THE
VETERANS REMEMBRANCE AND CEMETERY MAINTENANCE  AND  OPERATION  FUND  AND
USED  ONLY FOR THOSE PURPOSES ENUMERATED IN SECTION NINETY-SEVEN-MMMM OF
THE STATE FINANCE LAW.
  S 2. The state finance law is amended by adding a new section  97-mmmm
to read as follows:
  S 97-MMMM. VETERANS REMEMBRANCE AND CEMETERY MAINTENANCE AND OPERATION
FUND. 1. THERE IS HEREBY ESTABLISHED IN THE JOINT CUSTODY OF THE COMMIS-
SIONER OF TAXATION AND FINANCE, THE DIRECTOR OF THE DIVISION OF VETERANS
AFFAIRS AND THE COMPTROLLER, A SPECIAL FUND TO BE KNOWN AS THE "VETERANS
REMEMBRANCE AND CEMETERY MAINTENANCE AND OPERATION FUND".

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09883-01-3

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.

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