STATE OF NEW YORK ________________________________________________________________________ 887 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' cemetery 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. LBD03314-01-9

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.