senate Bill S1476

2011-2012 Legislative Session

Authorizes the state to acquire from the federal government the Montrose VA

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Archive: Last Bill Status - In Committee


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 04, 2012 referred to health
Jan 07, 2011 referred to health

S1476 - Bill Details

See Assembly Version of this Bill:
A1424
Current Committee:
Law Section:
Public Health Law
Laws Affected:
Amd ยง403 Pub Health L

S1476 - Bill Texts

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Authorizes the state to acquire from the federal government the Franklin Delano Roosevelt campus of the department of veterans affairs Hudson Valley health care system at Montrose.

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BILL NUMBER:S1476

TITLE OF BILL:
An act
to amend the public health law, in relation to authorizing the state to
acquire from the federal government the Franklin Delano Roosevelt campus
of the department of veterans affairs Hudson Valley health care system
at Montrose

PURPOSE:
Authorizes the state to acquire from the federal government
the Montrose VA.

SUMMARY OF SPECIFIC PROVISIONS:
Section one of the bill grants the
commissioner, with approval of the director of the budget and the
director of the division of veterans affairs, authority to acquire
portions of the Franklin Delano Roosevelt campus of the department of
veterans affairs Hudson Valley health care system at Montrose if at
any time they are no longer used for veteran's services, in order
that they may be used for veteran's purposes.

Section two of this bill provides for an immediate effective date.

JUSTIFICATION:
The Franklin Delano Roosevelt Campus of the Department
of Veteran's Affairs in Montrose, New York, is sacred ground. Many
Veterans have resided at this facility and have known it as their
only home for many years.

Originally known as Crugers Point Park, the land was optioned to the
Veterans' Administration by Westchester County Executive Herbert
Gerlach on February 13, 1945 for the construction of the first
Veterans' facility in the nation. This land was deeded for Veteran's
services, and today is also home to the twenty-five acre New York
State Veteran's Home at Montrose.

One of seventy-two lands acquired by the Veterans' Administration for
the purpose of constructing a V.A. Hospital-s, the Franklin Delano
Roosevelt campus was unique to the Veterans' Administration
construction program as the only departure from a main building
design, and the campus was dedicated to memorialize President
Franklin Delano Roosevelt upon its opening in 1949. Additionally, the
campus occupies the original site of the Boscobel House, already
placed on the National Register of Historic Places.

In recent years, many of the critical services offered at this
facility, which sits across the Hudson River from the united states
Military Academy West Point and caters to one of the State's largest
Veterans populations, have been moved to other facilities and
portions of the campus have fallen into disrepair.

Sitting on what is perhaps the last prime, undeveloped riverfront
property along the Hudson River within thirty miles of New York City,
in recent times, Montrose has attracted the gaze of developers who
seek to make use of the Enhanced Use Lease provision of the United


States Code. One proposal left only 12 acres out of the 184 total
acres for Veteran's services.

We cannot ask those who have given so much for us all, and their
families, to travel long distances for these services elsewhere in
order to construct luxury condominiums. This land should remain
sacred ground, forever used for Veteran's services, as was originally
intended.

Any development to the ground should be earmarked solely for veterans.
This legislation would authorize the Commissioner of Health to
acquire those portions of the site no longer used for Veteran's
services to ensure the majority of the land will be kept, and
increased for Veteran's medical and other services, job training,
education, new skills development and more services for women Veterans.

PRIOR LEGISLATIVE HISTORY:
2010 - A.10604 - Held for Consideration in Public Health.

FISCAL IMPLICATIONS:
Varies. The costs of the acquisition could range
from fair market value when acquisition is authorized and made by
purchase, to nothing, if the land were to be acquired by grant or
condemnation.

EFFECTIVE DATE:
This act shall take effect immediately.

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

    S. 1476                                                  A. 1424

                       2011-2012 Regular Sessions

                      S E N A T E - A S S E M B L Y

                             January 7, 2011
                               ___________

IN  SENATE -- Introduced by Sen. BALL -- read twice and ordered printed,
  and when printed to be committed to the Committee on Health

IN ASSEMBLY -- Introduced by M. of  A.  CASTELLI,  GALEF,  KATZ,  ORTIZ,
  SALADINO, FINCH -- read once and referred to the Committee on Health

AN  ACT  to  amend the public health law, in relation to authorizing the
  state to acquire from  the  federal  government  the  Franklin  Delano
  Roosevelt  campus  of the department of veterans affairs Hudson Valley
  health care system at Montrose

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

  Section 1. Section 403 of the public health law is amended by adding a
new subdivision 3 to read as follows:
  3.  NOTWITHSTANDING  ANY  OTHER  INCONSISTENT  PROVISIONS  OF LAW, THE
COMMISSIONER, WITH APPROVAL OF THE DIRECTOR OF THE BUDGET AND THE DIREC-
TOR OF THE DIVISION OF VETERANS AFFAIRS,  MAY  ACQUIRE  OR  CONTRACT  TO
ACQUIRE  FROM THE FEDERAL GOVERNMENT BY GRANT, PURCHASE, CONDEMNATION OR
OTHERWISE, THE FRANKLIN DELANO ROOSEVELT CAMPUS  OF  THE  DEPARTMENT  OF
VETERANS  AFFAIRS  HUDSON  VALLEY HEALTH CARE SYSTEM AT MONTROSE, EXCEPT
THOSE STRUCTURES BUILT OR ACQUIRED BY THE FEDERAL GOVERNMENT  WHICH  ARE
BEING  USED FOR VETERANS' PURPOSES, OR ANY INTEREST THEREIN, SUBJECT, IF
ACQUIRED BY CONDEMNATION TO THE PROCEDURES  SET  FORTH  IN  THE  EMINENT
DOMAIN PROCEDURE LAW; PROVIDED THAT SUCH PROPERTIES BE USED BY THE STATE
FOR VETERANS' PURPOSES. FOR THE PURPOSES OF THIS SUBDIVISION, "VETERANS'
PURPOSES" SHALL NOT ENCOMPASS THOSE PROPERTY USES THAT ARE BROUGHT ABOUT
AS  A  RESULT OF THE ENHANCED USE LEASE PROCEDURES SET FORTH IN SECTIONS
EIGHTY-ONE HUNDRED SIXTY-ONE THROUGH EIGHTY-ONE  HUNDRED  SIXTY-NINE  OF
TITLE THIRTY-EIGHT OF THE UNITED STATES CODE.
  S 2. This act shall take effect immediately.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05509-01-1

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