Establishes the veterans' memorials preservation act.

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S3209-2011 Actions

• Jun 6, 2012: REPORTED AND COMMITTED TO FINANCE
• Jan 4, 2012: REFERRED TO VETERANS, HOMELAND SECURITY AND MILITARY AFFAIRS
• Mar 1, 2011: REPORTED AND COMMITTED TO FINANCE
• Feb 11, 2011: REFERRED TO VETERANS, HOMELAND SECURITY AND MILITARY AFFAIRS

S3209-2011 Meetings

Veterans, Homeland Security and Military Affairs: Mar 1, 2011, Veterans, Homeland Security and Military Affairs: Mar 14, 2011, Veterans, Homeland Security and Military Affairs: Jun 5, 2012

S3209-2011 Votes

S3209-2011 Memo

BILL NUMBER:S3209

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.

S3209-2011 Text

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

                                    3209

                         2011-2012 Regular Sessions

                              I N  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