N.Y. Veterans' Services Law § 24: New York state veterans' cemeteries

§ 24. New York state veterans' cemeteries. 1. Legislative intent. The

legislature finds and determines that the devoted service and sacrifice

of veterans deserve important, unique and eternal recognition by the

state of New York. That it is by means of the devoted service and

sacrifice 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,

improvement, 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 appropriate 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 department

of veterans' services, and its commissioner, 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 commissioner shall issue, on behalf of the department, a public

request for information for any local government desiring to have the

first state veterans' cemetery located within its political subdivision.

Such request shall specify the type of information to be provided,

including, at a minimum, a detailed map of the site including potential

transportation routes, the history of the site, the types of burials the

site could accommodate, and the estimated number of veterans within a

seventy-five mile radius of the site. Such requests for information

shall be returnable to the department by no later than sixty days

following the issuance of the requests for information. Requests for

information issued by and returned to the department shall be publicly

available and posted on the department's website.

(a-1) Following the deadline for the return of requests for

information pursuant to paragraph (a) of this subdivision, the

department, in cooperation with the United States Department of Veterans

Affairs, and in consultation with, and upon the support of the

department of state division of cemeteries, 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:

(i) Potential site locations for such cemetery, with full

consideration as to the needs of the veterans population; only locations

within local governments that have submitted a request for information

pursuant to paragraph (a) of this subdivision shall be considered and

each such submission shall be considered;

(ii) The size of the cemetery and types of grave sites;

(iii) The number of annual interments at the cemetery;

(iv) Transportation 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, including but not limited to

staffing costs to maintain 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;

(ix) Cost of maintenance;

(x) Data on the population that would be served by the site;

(xi) The average age of the population in the area covered;

(xii) The mortality rate of the veteran population for the area;

(xiii) Surrounding land use;

(xiv) Topography of the land;

(xv) Site characteristics;

(xvi) Cost of land acquisition;

(xvii) The location of existing cemeteries including but not limited

to national veterans' cemeteries, county veterans' cemeteries,

cemeteries that have plots devoted to veterans, not-for-profit

cemeteries and any other burial ground devoted to veterans and any other

type of burial grounds devoted to the interment of human remains that is

of public record; and

(xviii) Such other and further items as the commissioner of the

department deems necessary for the first state veterans' cemetery to be

successful.

A report of the investigation and study conclusions shall be delivered

to the governor, 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 one hundred eighty days after the

department has commenced the conduct of the investigation and study.

(a-2) Upon the completion of the investigation and study, the results

shall be provided to the selection committee. The selection committee

shall consist of nine members as follows:

(i) The commissioner of the department of veterans' services, or his

or her representative;

(ii) The director of the division of the budget, or his or her

representative;

(iii) Three members appointed by the governor, two of whom shall be

veterans;

(iv) Two members appointed by the temporary president of the senate,

at least one of whom shall be a veteran; and

(v) Two members appointed by the speaker of the assembly, at least one

of whom shall be a veteran.

(a-3) The selection committee shall be subject to articles six and

seven of the public officers law. The selection committee shall evaluate

the results of the study and, upon a majority vote, make a determination

as to the location of the first state veterans' cemetery. In making this

determination, the committee's consideration shall, at a minimum,

include:

(i) The findings established by the study;

(ii) The submitted responses to the requests for information issued

pursuant to paragraph (a) of this subdivision;

(iii) The guidelines for receipt of federal funding specified in 38

USC 2408, 38 CFR 39, and any other relevant federal statute or

regulation;

(iv) The possibility of funding from private individuals,

corporations, or foundations; and

(v) Any other consideration that would facilitate the successful

operation of the first state veterans' cemetery.

(b) The commissioner of the department, the commissioner of the office

of general services, and the chair of the division of cemeteries shall

determine the amount of money necessary to fund the non-reimbursable

costs of a state veterans' cemetery, such as operation and maintenance,

for a period of not less than ten years, provided that such amount shall

not include monies that would be recoverable by the cemetery pursuant to

a charge of fee for the provision of a gravesite for a non-veteran

spouse or eligible dependent. Prior to submitting any application for

funding from the government of the United States in accordance with the

grant requirements specified in 38 USC 2408, 38 CFR 30, and other

relevant federal statutes or regulations, for the purpose of seeking

funds to support the construction, establishment, expansion,

improvement, support, operation or maintenance of New York state's

veterans' cemeteries, the director of the division of the budget and the

office of the state comptroller must 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 that there are sufficient funds to cover such

amount; 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 the budget and the office

of the state comptroller shall consider, but are not limited to, the

following factors:

(i) physical attributes of the veterans cemetery, including size,

location, and terrain;

(ii) 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.

(c) Once the certification that there are sufficient funds pursuant to

paragraph (b) of this subdivision has been made, and no later than

thirty days following the selection of the site pursuant to paragraph

(a-3) of this subdivision, the commissioner, in consultation with the

management board of the first New York state veterans' cemetery, shall

commence the application process 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 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 veterans' cemetery. Such grant application shall be based on a

site selected pursuant to paragraph (a-3) of this subdivision, and shall

be consistent with the guidelines for receipt of federal funding

pursuant to the relevant provisions of federal law.

(d) A management board for the first New York state veterans' cemetery

shall be appointed pursuant to subdivision three of this section.

(e) The commissioner 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

guidelines 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 commissioner 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,

columbarium niches, headstones, grave markers, indoor interment

facilities, committal-service shelters, 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

cemetery'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;

(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 curtilage 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

families interred in the cemetery;

(9) Guidelines and standards for the procurement of land for the

cemetery 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;

(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

relevant provisions of federal, state and local law, the regulations

promulgated thereunder, and the requirements contained in the grants

awarded or pursued from the federal government, or any source of private

funding;

(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

relevant provisions of federal, state and local law, the regulations

promulgated thereunder, and the requirements contained in the grants

awarded or pursued from the federal government, or any source of private

funding;

(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 any local government desiring to

have the first state veterans' cemetery located within its political

subdivision, including, but not limited to:

(1) 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;

(2) 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;

(3) That all lands upon which such cemetery is constructed and

established 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;

(4) Such other and further requirements as the commissioner 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.

(f) Upon the approval of the application for funding from the

government of the United States, made pursuant to paragraph (c) of this

subdivision, the commissioner, 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 (e) 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 nine members,

including the commissioner of the department who shall serve as chair,

and four members, appointed by the governor. Of such four members, not

fewer than two shall be a veteran of the United States as defined in

section one of this article or a member of the New York army national

guard or the New York air national guard, or the New York naval militia.

Two members shall be appointed by the temporary president of the senate,

and two members shall be appointed by the speaker of the state assembly.

At least one of the members appointed by the temporary president of the

senate and at least one of the members appointed by the speaker of the

assembly shall be a veteran of the United States as defined in section

one of this article or a member of the New York army national guard or

the New York air national guard, or the New York naval militia. No

member shall receive any compensation for his or her service, but

members who are not state officials may be reimbursed for their actual

and necessary expenses, including travel expenses incurred in

performance of their duties. The management board may consult with any

federal, state or local entity for the purposes of advancing its

purposes, mission and duties.

(b) The management board shall advise, by majority vote, the

commissioner 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 commissioner 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 department, 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

governor, 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 department

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

director 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 department may, at the discretion of the commissioner, at any

time after five years from the completion of construction of the most

recently constructed and established state veterans' cemetery, in

cooperation with the United States Department of Veterans Affairs,

conduct an investigation and study on the issue of the construction and

establishment of additional New York state veterans' cemeteries. A

report of the investigation and study required to be conducted shall be

delivered to the governor, 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 department has commenced the conduct of the investigation and

study.

(d) If the commissioner, pursuant to the investigation and study

conducted pursuant to this subdivision, determines that there shall be

an additional state veterans' cemetery in New York state, the

commissioner 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 commissioner, 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 department under

paragraph (e) of subdivision two of this section.