senate Bill S2658

2013-2014 Legislative Session

Establishes the New York state veterans cemetery act

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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 08, 2014 referred to veterans, homeland security and military affairs
Jan 23, 2013 referred to veterans, homeland security and military affairs

Co-Sponsors

S2658 - Bill Details

Current Committee:
Senate Veterans, Homeland Security And Military Affairs
Law Section:
Executive Law
Laws Affected:
Add ยง369, Exec L
Versions Introduced in 2011-2012 Legislative Session:
S2424A

S2658 - Bill Texts

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Establishes the "New York state veterans cemetery act"; directs the division to conduct an investigation and study on the issue of the establishment of a New York state veterans cemetery program.

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BILL NUMBER:S2658

TITLE OF BILL:
An act
to amend the executive law, in relation to the establishment of the New
York state veterans cemetery act

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:
6/21/11 Passed Senate
6/21/12 Committed to Rules

FISCAL IMPLICATIONS: Savings to the State of New York.

EFFECTIVE DATE:
This legislation will take effect immediately.

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

                                  2658

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 23, 2013
                               ___________

Introduced  by  Sen.  BALL  --  read twice and ordered printed, and when
  printed to be committed to the Committee on Veterans, Homeland Securi-
  ty and Military Affairs

AN ACT to amend the executive law, in relation to the  establishment  of
  the New York state veterans cemetery act

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

  Section 1. Short title.  This act shall be known and may be  cited  as
the "New York state veterans cemetery act".
  S  2. The executive law is amended by adding a new section 369 to read
as follows:
  S 369. VETERANS CEMETERY PROGRAM.  THE DIVISION IS HEREBY DIRECTED  TO
CONDUCT  AN INVESTIGATION AND STUDY ON THE ISSUE OF THE ESTABLISHMENT OF
A NEW YORK STATE VETERANS CEMETERY PROGRAM WHICH WILL  BE  A  BENEFICIAL
AND  ACCEPTABLE SOLUTION FOR SERVING THE VETERANS OF THE STATE.  AS SOON
AS POSSIBLE AFTER THE COMMENCEMENT OF SUCH  STUDY,  THE  DIVISION  SHALL
SUBMIT  TO THE FEDERAL VETERANS ADMINISTRATION CEMETERY GRANTS PROGRAM A
PRE-APPLICATION FOR THE ESTABLISHMENT OF  ONE  OR  MORE  VETERANS  CEME-
TERIES.    SUCH  INVESTIGATION AND STUDY SHALL BE COMPLETED ON OR BEFORE
DECEMBER THIRTY-FIRST, TWO THOUSAND THIRTEEN.  WITHIN NINETY DAYS OF THE
COMPLETION OF SUCH INVESTIGATION AND STUDY, THE DIVISION WHICH WILL BE A
BENEFICIAL AND ACCEPTABLE SOLUTION FOR SERVING THE VETERANS OF THE STATE
SHALL COMPLETE AND DELIVER, TO THE CHAIR  OF  THE  SENATE  COMMITTEE  ON
VETERANS,  HOMELAND  SECURITY  AND MILITARY AFFAIRS AND THE CHAIR OF THE
ASSEMBLY COMMITTEE ON VETERANS' AFFAIRS A REPORT ON  SUCH  INVESTIGATION
AND  STUDY,  CONTAINING RECOMMENDATIONS TO THE LEGISLATURE ON THE ESTAB-
LISHMENT OF A NEW YORK STATE VETERANS CEMETERY PROGRAM. SUCH RECOMMENDA-
TIONS SHALL INCLUDE WHAT MEASURES NEED TO BE  TAKEN  BY  THIS  STATE  TO
ESTABLISH SUCH A PROGRAM, WHAT LAWS SHOULD BE AMENDED OR ADDED TO ESTAB-
LISH  SUCH  A PROGRAM, AND WHAT FISCAL RESOURCES WOULD NEED TO BE APPRO-
PRIATED AND EXPENDED, IF ANY, TO ESTABLISH SUCH A PROGRAM.
  S 3. This act shall take effect immediately.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07149-01-3

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