Bill Text: NY A10782 | 2019-2020 | General Assembly | Introduced

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Bill Title: Relates to costs associated with the establishment of New York state veterans' cemeteries.

Spectrum: Partisan Bill (Democrat 5-0)

Status: (Passed) 2020-12-15 - APPROVAL MEMO.49 [A10782 Detail]

Download: New_York-2019-A10782-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          10782

                   IN ASSEMBLY

                                      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:

     1    Section  1.  Paragraphs (b) and (g) of subdivision 2 of section 365 of
     2  the executive law, paragraph (b) as added by section  5  of  part  W  of
     3  chapter  57  of the laws of 2013, the opening paragraph of paragraph (b)
     4  and paragraph (g) as amended by section 11 of part AA of chapter  56  of
     5  the laws of 2019, are amended to read as follows:
     6    (b) [Prior to the commencement of the investigation and study pursuant
     7  to  paragraph  (a)  of this subdivision, the director of the division of
     8  veterans' services, the director of the division of the budget, the] The
     9  director of the department of state's division of  cemeteries,  and  the
    10  office of the state comptroller must certify to the governor, the tempo-
    11  rary  president of the senate, the speaker of the assembly, the chair of
    12  the senate finance committee and the chair  of  the  assembly  ways  and
    13  means  committee that [the veterans remembrance and cemetery maintenance
    14  and operation fund, created pursuant to section ninety-seven-mmmm of the
    15  state finance law, contains] at  the  commencement  of  the  application
    16  process  pursuant  to paragraph (e) of this subdivision there are moneys
    17  sufficient, adjusted to reflect projected future inflation, to fund  the
    18  non-reimbursable  costs  related  to future operation[,] and maintenance
    19  [and the provision of perpetual care] of a state veterans' cemetery  for
    20  a period of not less than [fifteen] ten years, provided that such amount
    21  shall not include [any amount that shall be reimbursed or contributed to
    22  the  cemetery  from  the  government of the United States or] any amount
    23  that would be recoverable by the cemetery pursuant to a  charge  of  fee
    24  for  the  provision  of  a grave site for a non-veteran spouse or family
    25  member; provided further that  such  moneys  may  include  the  veterans
    26  remembrance and cemetery maintenance and operation fund created pursuant
    27  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

     1  certification, the director of the division of veterans'  services,  the
     2  director  of  the division of the budget, the director of the department
     3  of state's division of cemeteries, and the office  of  the  state  comp-
     4  troller shall consider, but are not limited to, the following factors:
     5    (i)  physical  attributes  of  the  veterans cemetery, including size,
     6  location, and terrain;
     7    (ii) [management and operation, including]  staffing  costs,  cost  of
     8  equipment and equipment maintenance, and security costs;
     9    (iii)  relevant  state and federal requirements and specifications for
    10  interment and perpetual care;
    11    (iv) estimates provided by the United States  department  of  veterans
    12  affairs;
    13    (v)  any other non-reimbursable fiscal cost, charge or assessment that
    14  would be incurred by the cemetery.
    15    (g) Nothing in this section shall be construed to authorize the  divi-
    16  sion  of  veterans'  services  to  [commence  an investigation and study
    17  pursuant to paragraph (a) of this subdivision,  issuing  a  request  for
    18  proposals  pursuant  to  paragraph  (c) of this subdivision, selecting a
    19  site for the first New York state veterans' cemetery pursuant  to  para-
    20  graph (d) of this subdivision, or submitting] submit any application for
    21  funding  from the government of the United States in accordance with the
    22  grant requirements specified in section 2408 of title 38 of  the  United
    23  States code, part 30 of title 38 of the code of federal regulations, and
    24  other relevant federal statutes or regulations, for the purpose of seek-
    25  ing   funds  to  support  the  construction,  establishment,  expansion,
    26  improvement, support, operation, or maintenance [and  the  provision  of
    27  perpetual  care] of New York state's [first] veterans' cemetery pursuant
    28  to paragraph (e) of this subdivision until the [funds  in  the  veterans
    29  remembrance and cemetery maintenance and operation fund have been certi-
    30  fied]  completion of the certification pursuant to paragraph (b) of this
    31  subdivision.
    32    § 2. Section 353 of the executive law  is  amended  by  adding  a  new
    33  subdivision 25 to read as follows:
    34    25.  To  make  widely available to the public via, among other things,
    35  publication on the division's website and free mobile application pursu-
    36  ant to subdivision fourteen-a of this section, information regarding the
    37  veterans remembrance and cemetery maintenance and operation fund  estab-
    38  lished pursuant to section ninety-seven-mmmm of the state finance law.
    39    § 3. This act shall take effect immediately.