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

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A1386A-2011 Actions

• Jan 4, 2012: referred to veterans' affairs
• Jun 17, 2011: print number 1386a
• Jun 17, 2011: amend (t) and recommit to ways and means
• Feb 8, 2011: reported referred to ways and means
• Jan 5, 2011: referred to veterans' affairs

A1386A-2011 Text

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

                                   1386--A

                         2011-2012 Regular Sessions

                            I N  ASSEMBLY

                                 (PREFILED)

                               January 5, 2011
                                 ___________

  Introduced  by  M.  of  A.  ORTIZ, CANESTRARI, NOLAN, SCHROEDER, HAWLEY,
    LUPARDO, LATIMER, M. MILLER, REILLY, SCHIMEL -- Multi-Sponsored by  --
    M.  of  A.  CASTELLI,  CUSICK,  McDONOUGH,  McENENY  --  read once and
    referred to  the  Committee  on  Veterans'  Affairs  --  reported  and
    referred  to  the Committee on Ways and Means -- committee discharged,
    bill amended, ordered reprinted as amended  and  recommitted  to  said
    committee

  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

   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD03630-02-1

 A. 1386--A                          2

  REIMBURSED BY THE GOVERNMENT OF THE UNITED STATES, shall be borne by the
  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.