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.