senate Bill S5381A

Provides for the establishment of a state veteran's cemetery

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 13 / May / 2011
    • REFERRED TO VETERANS, HOMELAND SECURITY AND MILITARY AFFAIRS
  • 17 / May / 2011
    • REPORTED AND COMMITTED TO FINANCE
  • 07 / Jun / 2011
    • 1ST REPORT CAL.1109
  • 13 / Jun / 2011
    • 2ND REPORT CAL.
  • 14 / Jun / 2011
    • ADVANCED TO THIRD READING
  • 15 / Jun / 2011
    • AMENDED ON THIRD READING (T) 5381A
  • 21 / Jun / 2011
    • PASSED SENATE
  • 21 / Jun / 2011
    • DELIVERED TO ASSEMBLY
  • 21 / Jun / 2011
    • REFERRED TO WAYS AND MEANS
  • 04 / Jan / 2012
    • DIED IN ASSEMBLY
  • 04 / Jan / 2012
    • RETURNED TO SENATE
  • 04 / Jan / 2012
    • REFERRED TO VETERANS, HOMELAND SECURITY AND MILITARY AFFAIRS
  • 18 / Jan / 2012
    • REPORTED AND COMMITTED TO FINANCE
  • 06 / Mar / 2012
    • 1ST REPORT CAL.307
  • 07 / Mar / 2012
    • 2ND REPORT CAL.
  • 12 / Mar / 2012
    • ADVANCED TO THIRD READING
  • 21 / Jun / 2012
    • COMMITTED TO RULES

Summary

Relates to the powers and duties of the division of veterans' affairs to establish, operate and maintain state veterans' cemeteries.

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Bill Details

See Assembly Version of this Bill:
A1386A
Versions:
S5381
S5381A
Legislative Cycle:
2011-2012
Current Committee:
Senate Rules
Law Section:
Executive Law
Laws Affected:
Amd ยง353, Exec L

Sponsor Memo

BILL NUMBER:S5381A

TITLE OF BILL:
An act
to amend the executive law, in relation to providing for the
establishment of a state veteran's cemetery

PURPOSE:
This legislation will allow the State of New York to authorize the
division of veteran's affairs to establish, maintain and care for a
state veteran's cemetery.

SUMMARY OF PROVISIONS:
Section One - amends section 353 of the executive law is amended by
adding a new subdivision 20 to establish and operate a state
veterans' cemetery and submit an application to the federal government.

Section One - makes the funds needed available for such application
process and allows the division to enter into agreements with any
political subdivisions of the state for assistance in the operation
of the cemetery. The political subdivisions or agencies will meet any
applicable federal standards and requirements for the perpetual
operation and maintenance of the veterans cemetery. That being said,
the division and the state will have sole responsibility for the
perpetual maintenance and care of the state veterans cemetery. The
state director will also promulgate rules and regulations governing
that submission of requests and proposals by a political subdivision,
agency or instrumentality of the state desiring to establish, operate
and maintain a veteran's cemetery.

Section One - allows the division to accept federal grant funds,
funding from political subdivision of the state and federal plot
allowance payments to assist in the operation of the cemetery, all of
which will be used solely for the purpose of such cemetery. The land
upon which the cemetery is established will be owned by the state and
will be used solely for the purpose of the cemetery. Any costs
associated with the acquisition of real property on which such
cemetery will be sited will be considered a cost of the establishment
of the cemetery.

Section One - states in the event that the political subdivision or
agency fails to perform its obligations under the contract the state
director can certify to the comptroller any unpaid amounts of amounts
necessary for the state to perform any failed duties. If the funds
needed are not available the state may pursue any and all available
legal remedies to enforce the terms of the contract.

Section One - stipulates the state will be responsible to the
government of the United States for any costs associated with the
establishment, operation and maintenance of state veteran's
cemeteries and for meeting any applicable federal standards and

requirements for the perpetual operation and maintenance of such
cemeteries.

Section Two - This act shall take effect immediately.

JUSTIFICATION:
New York State presently exists in a dangerous and uncertain world.
Like in generations before, 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. Such a program is a necessary and
prudent step toward recognizing the commitment and sacrifice our
state's veterans have made. By the terms of this bill, a partnership
will be developed with the New York State Division of Veterans Affairs.

This legislation seeks to direct New York State's Veteran recognition
and services in a responsible, thoughtful manner, using experience
and intelligence to seek 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.

FISCAL IMPLICATIONS:
Savings to the State of New York.

EFFECTIVE DATE:
This legislation will take effect immediately.

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

                                 5381--A
    Cal. No. 1109

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                              May 13, 2011
                               ___________

Introduced  by Sens. BALL, LARKIN -- read twice and ordered printed, and
  when printed to be committed to the Committee  on  Veterans,  Homeland
  Security  and Military Affairs -- reported favorably from said commit-
  tee and committed to the Committee on Finance  --  reported  favorably
  from  said committee, ordered to first and second report, ordered to a
  third reading, amended and ordered reprinted, retaining its  place  in
  the order of third reading

AN  ACT  to  amend  the  executive law, in relation to providing for the
  establishment of a state veteran's cemetery

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

  Section  1.  Subdivision  12  of  section 353 of the executive law, as
added by chapter 613 of the laws of 1984, is amended to read as follows:
  12. To make application to the government of the United States or  any
political  subdivision, agency or instrumentality thereof, for funds for
the purpose of acquiring lands for, establishing,  operating  and  main-
taining veteran's cemeteries in this state; to enter into contracts with
any  political  subdivision,  agency or instrumentality of the state for
the establishment, operation and maintenance of veteran's cemeteries  in
this state; and to evaluate, monitor and otherwise oversee the operation
of veteran's cemeteries [provided, however,]
  (A)  THE STATE DIRECTOR SHALL PROMULGATE RULES AND REGULATIONS GOVERN-
ING THE SUBMISSION OF REQUESTS AND PROPOSALS BY A POLITICAL SUBDIVISION,
AGENCY OR INSTRUMENTALITY OF THE STATE DESIRING  TO  ESTABLISH,  OPERATE
AND MAINTAIN A STATE VETERAN'S CEMETERY.
  (B)  THE  STATE  MAY ENTER INTO A CONTRACT WITH ANY POLITICAL SUBDIVI-
SION, AGENCY OR INSTRUMENTALITY OF  THE  STATE  FOR  THE  ESTABLISHMENT,
OPERATION  AND  MAINTENANCE  OF A STATE VETERAN'S CEMETERY IN THE STATE.
ANY SUCH CONTRACT SHALL PROVIDE: that all costs of  such  establishment,
operation  and  maintenance,  TO  THE  EXTENT SUCH COSTS ARE NOT PAID OR
REIMBURSED BY THE GOVERNMENT OF THE UNITED STATES, shall be borne by the

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11621-04-1

S. 5381--A                          2

political subdivision, agency or instrumentality [with which  the  divi-
sion  has  contracted]  AND  THAT  THE  POLITICAL SUBDIVISION, AGENCY OR
INSTRUMENTALITY WILL MEET ANY APPLICABLE FEDERAL STANDARDS AND  REQUIRE-
MENTS  FOR  THE PERPETUAL OPERATION AND MAINTENANCE OF SUCH STATE VETER-
AN'S CEMETERY.
  (C) THE STATE SHALL ACQUIRE REAL PROPERTY AS NECESSARY AND APPROPRIATE
FOR THE ESTABLISHMENT OF A STATE  VETERAN'S  CEMETERY.  ALL  LANDS  UPON
WHICH SUCH CEMETERY IS ESTABLISHED SHALL BE OWNED BY THE STATE AND SHALL
BE  USED SOLELY FOR STATE VETERAN'S CEMETERY PURPOSES.  BY CONTRACT, THE
POLITICAL SUBDIVISION, AGENCY OR INSTRUMENTALITY SHALL  BE  REQUIRED  TO
ASSIST  THE  DIVISION  IN CHOOSING A SITE FOR SUCH STATE VETERAN'S CEME-
TERY. ANY COSTS ASSOCIATED WITH THE  ACQUISITION  OF  REAL  PROPERTY  ON
WHICH  SUCH  CEMETERY  WILL BE SITED SHALL BE DEEMED TO BE A COST OF THE
ESTABLISHMENT OF THE CEMETERY FOR PURPOSES OF THIS SECTION.
  (D) IN THE EVENT THAT THE POLITICAL SUBDIVISION, AGENCY OR  INSTRUMEN-
TALITY  FAILS  TO  PERFORM ITS OBLIGATIONS UNDER THE CONTRACT, THE STATE
DIRECTOR SHALL CERTIFY TO THE COMPTROLLER  ANY  UNPAID  AMOUNTS  OR  ANY
AMOUNTS  NECESSARY  FOR  THE  STATE  TO ASSUME THE OBLIGATIONS WHICH THE
POLITICAL SUBDIVISION, AGENCY OR INSTRUMENTALITY FAILED TO PERFORM,  AND
THE  COMPTROLLER  SHALL,  TO THE EXTENT NOT OTHERWISE PROHIBITED BY LAW,
WITHHOLD SUCH AMOUNT FROM ANY STATE AID OR OTHER AMOUNT PAYABLE TO  SUCH
POLITICAL  SUBDIVISION,  AGENCY  OR  INSTRUMENTALITY. TO THE EXTENT THAT
SUFFICIENT FUNDS ARE NOT AVAILABLE FOR SUCH WITHHOLDING, THE  STATE  MAY
PURSUE  ANY AND ALL AVAILABLE LEGAL REMEDIES TO ENFORCE THE TERMS OF THE
CONTRACT.
  (E) NOTWITHSTANDING THE PROVISIONS OF PARAGRAPH (B) OF  THIS  SUBDIVI-
SION,  THE  STATE  SHALL  BE RESPONSIBLE TO THE GOVERNMENT OF THE UNITED
STATES FOR ANY COSTS ASSOCIATED WITH THE  ESTABLISHMENT,  OPERATION  AND
MAINTENANCE OF STATE VETERAN'S CEMETERIES AND FOR MEETING ANY APPLICABLE
FEDERAL STANDARDS AND REQUIREMENTS FOR THE PERPETUAL OPERATION AND MAIN-
TENANCE OF SUCH CEMETERIES.
  S  2.  This act shall take effect immediately; provided, however, that
the division of veterans' affairs may process any request by a political
subdivision, agency or instrumentality for the establishment,  operation
and  maintenance  under consideration by such division on such effective
date prior to the promulgation of  rules  and  regulations  pursuant  to
subdivision  12  of  section  353  of  the  executive law, as amended by
section one of this act.

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