Establishes the veterans' memorials preservation act.
TITLE OF BILL: An act establishing the veterans' memorials preservation act
PURPOSE: This bill seeks to provide statutory protection for war memorials throughout New York State.
SUMMARY OF SPECIFIC PROVISIONS: This act would provide for legal protection for veterans war memorials in New York State by establishing official recognition for the importance these memorials serve in honoring the sacrifices of our veterans.
It would further provide for the preservation of the military history of New York State and the United States of America and insure that future generations understand the significance of what our veterans did to preserve the democracy and the freedoms Americans are so privileged to enjoyed.
JUSTIFICATION: Currently there are no laws protecting war memorials in New York State.
This omission has resulted in many war memorials being destroyed for short sighted and selfish reasons by persons with abject disregard for the sacrifices of our veterans and the importance war memorials serve to preserve our history and our legacy of freedom.
This legislation would protect war memorials, so that as time goes by they would not be wantonly destroyed, deconstructed, desecrated, altered, or moved. As a result, this legislation would also help to guarantee that the valuable purpose veterans war memorials serve in our society will not be diminished.
PRIOR LEGISLATIVE HISTORY: 2008 - S.7879-A Passed Senate (59-0)
FISCAL IMPACT: None Noted.
EFFECTIVE DATE: This act would take effect immediately.
STATE OF NEW YORK ________________________________________________________________________ 3209 2011-2012 Regular Sessions IN SENATE February 11, 2011 ___________Introduced by Sen. NOZZOLIO -- read twice and ordered printed, and when printed to be committed to the Committee on Veterans, Homeland Securi- ty and Military Affairs AN ACT establishing the veterans' memorials preservation 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 "veterans' memorials preservation act". S 2. Definitions. For the purposes of this act: (a) a "memorial" is any park, monument, field, open land, grove of trees, building, structure, artwork, tablet, plaque, wall, or any other structure that has been donated to, or constructed by, a public entity as a memorial to veterans of any war, conflict, or police action engaged in by the armed forces of the United States, or any one of the United States, or the New York national guard. (b) a "public entity" is any governmental body of any kind, including, but not limited to, the state, a city, town, village, borough, school district, or public authority. S 3. Memorials shall be preserved and be open to the public. (a) Any public entity that has created or received a gift of a memorial shall not alter, destroy, reconfigure, adjust, change, modify, or move such memorial, or cause or permit any person to commit such acts; provided, however, that such acts are permitted when reasonably necessary. (b) Any public entity that has created a memorial or accepted a gift of a memorial shall maintain the memorial in a reasonable manner. (c) A public entity shall not restrict access to a memorial except as reasonably necessary. S 4. This act shall take effect immediately.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD05640-01-1