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.
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.
STATE OF NEW YORK ________________________________________________________________________ 2658 2013-2014 Regular Sessions IN SENATE 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