Bill Text: NY A00887 | 2019-2020 | General Assembly | Introduced

Bill Title: Relates to a state veterans' cemetery; removes certain requirements for the establishment of such cemetery.

Spectrum: Bipartisan Bill

Status: (Introduced) 2020-01-08 - referred to veterans' affairs [A00887 Detail]

Download: New_York-2019-A00887-Introduced.html

                STATE OF NEW YORK
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    January 14, 2019
        Introduced  by M. of A. JONES -- read once and referred to the Committee
          on Veterans, Homeland Security and Military Affairs
        AN ACT to amend the executive law, in  relation  to  a  state  veterans'
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Paragraph (b) of subdivision 2 of section 365 of the execu-
     2  tive law, as added by section 5 of part W of chapter 57 of the  laws  of
     3  2013, is amended to read as follows:
     4    (b) [Prior to the commencement of the investigation and study pursuant
     5  to  paragraph (a) of this subdivision, the] The director of the division
     6  of veterans' affairs, the director of the division of  the  budget,  the
     7  director  of  the  department of state's division of cemeteries, and the
     8  office of the state comptroller must certify to the governor, the tempo-
     9  rary president of the senate, the speaker of the assembly, the chair  of
    10  the  senate  finance  committee  and  the chair of the assembly ways and
    11  means committee that the veterans remembrance and  cemetery  maintenance
    12  and operation fund, created pursuant to section ninety-seven-mmmm of the
    13  state  finance  law,  contains  moneys  sufficient,  adjusted to reflect
    14  projected future inflation, to fund the operation, maintenance  and  the
    15  provision  of  perpetual care of a state veterans' cemetery for a period
    16  of not less than fifteen years, provided  that  such  amount  shall  not
    17  include  any amount that shall be reimbursed or contributed to the ceme-
    18  tery from the government of the United States or any amount  that  would
    19  be  recoverable  by  the  cemetery  pursuant  to a charge of fee for the
    20  provision of a grave site for a non-veteran spouse or family member.  In
    21  making  such  a certification, the director of the division of veterans'
    22  affairs, the director of the division of the budget, the director of the
    23  department of state's division of cemeteries,  and  the  office  of  the
    24  state  comptroller shall consider, but are not limited to, the following
    25  factors:
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.

        A. 887                              2
     1    (i) physical attributes of  the  veterans  cemetery,  including  size,
     2  location, and terrain;
     3    (ii)  management  and  operation,  including  staffing  costs, cost of
     4  equipment and equipment maintenance, and security costs;
     5    (iii) relevant state and federal requirements and  specifications  for
     6  interment and perpetual care;
     7    (iv)  estimates  provided  by the United States department of veterans
     8  affairs;
     9    (v) any other fiscal cost, charge or assessment that would be incurred
    10  by the cemetery.
    11    § 2. This act shall take effect immediately.