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:
1 Section 1. Subdivision 12 of section 353 of the executive law, as
2 added by chapter 613 of the laws of 1984, is amended to read as follows:
3 12. To make application to the government of the United States or any
4 political subdivision, agency or instrumentality thereof, for funds for
5 the purpose of acquiring lands for, establishing, operating and main-
6 taining veteran's cemeteries in this state; to enter into contracts with
7 any political subdivision, agency or instrumentality of the state for
8 the establishment, operation and maintenance of veteran's cemeteries in
9 this state; and to evaluate, monitor and otherwise oversee the operation
10 of veteran's cemeteries [provided, however,]
11 (A) THE STATE DIRECTOR SHALL PROMULGATE RULES AND REGULATIONS GOVERN-
12 ING THE SUBMISSION OF REQUESTS AND PROPOSALS BY A POLITICAL SUBDIVISION,
13 AGENCY OR INSTRUMENTALITY OF THE STATE DESIRING TO ESTABLISH, OPERATE
14 AND MAINTAIN A STATE VETERAN'S CEMETERY.
15 (B) THE STATE MAY ENTER INTO A CONTRACT WITH ANY POLITICAL SUBDIVI-
16 SION, AGENCY OR INSTRUMENTALITY OF THE STATE FOR THE ESTABLISHMENT,
17 OPERATION AND MAINTENANCE OF A STATE VETERAN'S CEMETERY IN THE STATE.
18 ANY SUCH CONTRACT SHALL PROVIDE: that all costs of such establishment,
19 operation and maintenance, TO THE EXTENT SUCH COSTS ARE NOT PAID OR
20 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
1 political subdivision, agency or instrumentality [with which the divi-
2 sion has contracted] AND THAT THE POLITICAL SUBDIVISION, AGENCY OR
3 INSTRUMENTALITY WILL MEET ANY APPLICABLE FEDERAL STANDARDS AND REQUIRE-
4 MENTS FOR THE PERPETUAL OPERATION AND MAINTENANCE OF SUCH STATE VETER-
5 AN'S CEMETERY.
6 (C) THE STATE SHALL ACQUIRE REAL PROPERTY AS NECESSARY AND APPROPRIATE
7 FOR THE ESTABLISHMENT OF A STATE VETERAN'S CEMETERY. ALL LANDS UPON
8 WHICH SUCH CEMETERY IS ESTABLISHED SHALL BE OWNED BY THE STATE AND SHALL
9 BE USED SOLELY FOR STATE VETERAN'S CEMETERY PURPOSES. BY CONTRACT, THE
10 POLITICAL SUBDIVISION, AGENCY OR INSTRUMENTALITY SHALL BE REQUIRED TO
11 ASSIST THE DIVISION IN CHOOSING A SITE FOR SUCH STATE VETERAN'S CEME-
12 TERY. ANY COSTS ASSOCIATED WITH THE ACQUISITION OF REAL PROPERTY ON
13 WHICH SUCH CEMETERY WILL BE SITED SHALL BE DEEMED TO BE A COST OF THE
14 ESTABLISHMENT OF THE CEMETERY FOR PURPOSES OF THIS SECTION.
15 (D) IN THE EVENT THAT THE POLITICAL SUBDIVISION, AGENCY OR INSTRUMEN-
16 TALITY FAILS TO PERFORM ITS OBLIGATIONS UNDER THE CONTRACT, THE STATE
17 DIRECTOR SHALL CERTIFY TO THE COMPTROLLER ANY UNPAID AMOUNTS OR ANY
18 AMOUNTS NECESSARY FOR THE STATE TO ASSUME THE OBLIGATIONS WHICH THE
19 POLITICAL SUBDIVISION, AGENCY OR INSTRUMENTALITY FAILED TO PERFORM, AND
20 THE COMPTROLLER SHALL, TO THE EXTENT NOT OTHERWISE PROHIBITED BY LAW,
21 WITHHOLD SUCH AMOUNT FROM ANY STATE AID OR OTHER AMOUNT PAYABLE TO SUCH
22 POLITICAL SUBDIVISION, AGENCY OR INSTRUMENTALITY. TO THE EXTENT THAT
23 SUFFICIENT FUNDS ARE NOT AVAILABLE FOR SUCH WITHHOLDING, THE STATE MAY
24 PURSUE ANY AND ALL AVAILABLE LEGAL REMEDIES TO ENFORCE THE TERMS OF THE
25 CONTRACT.
26 (E) NOTWITHSTANDING THE PROVISIONS OF PARAGRAPH (B) OF THIS SUBDIVI-
27 SION, THE STATE SHALL BE RESPONSIBLE TO THE GOVERNMENT OF THE UNITED
28 STATES FOR ANY COSTS ASSOCIATED WITH THE ESTABLISHMENT, OPERATION AND
29 MAINTENANCE OF STATE VETERAN'S CEMETERIES AND FOR MEETING ANY APPLICABLE
30 FEDERAL STANDARDS AND REQUIREMENTS FOR THE PERPETUAL OPERATION AND MAIN-
31 TENANCE OF SUCH CEMETERIES.
32 S 2. This act shall take effect immediately; provided, however, that
33 the division of veterans' affairs may process any request by a political
34 subdivision, agency or instrumentality for the establishment, operation
35 and maintenance under consideration by such division on such effective
36 date prior to the promulgation of rules and regulations pursuant to
37 subdivision 12 of section 353 of the executive law, as amended by
38 section one of this act.