S3869-2013 - NY Senate Open Legislation - Establishes the veterans' memorials preservation act

Establishes the veterans' memorials preservation act.

Sponsor: NOZZOLIO / Co-sponsor(s): ADDABBO, AVELLA
Law Section: Veterans

S3869-2013 Actions

May 6, 2013: ADVANCED TO THIRD READING
May 1, 2013: 2ND REPORT CAL.
Apr 30, 2013: 1ST REPORT CAL.526
Mar 12, 2013: REPORTED AND COMMITTED TO FINANCE
Feb 25, 2013: REFERRED TO VETERANS, HOMELAND SECURITY AND MILITARY AFFAIRS

S3869-2013 Meetings

Finance: Apr 30, 2013, Veterans, Homeland Security and Military Affairs: Mar 12, 2013

S3869-2013 Calendars

Floor Calendar: May 1, 2013 , Floor Calendar: May 6, 2013 , Floor Calendar: May 7, 2013 , Floor Calendar: May 8, 2013 , Floor Calendar: May 20, 2013 , Floor Calendar: May 21, 2013 , Floor Calendar: May 22, 2013

S3869-2013 Votes

VOTE: COMMITTEE VOTE: - Veterans, Homeland Security and Military Affairs - Mar 12, 2013

Ayes (13): Ball, Carlucci, Flanagan, Golden, Griffo, Grisanti, Larkin, Zeldin, Addabbo, Avella, Gipson, Sampson, Sanders

VOTE: COMMITTEE VOTE: - Finance - Apr 30, 2013

Ayes (35): DeFrancisco, Bonacic, Farley, Flanagan, Fuschillo, Golden, Griffo, Grisanti, Hannon, Lanza, Larkin, LaValle, Little, Marcellino, Nozzolio, O'Mara, Ranzenhofer, Robach, Savino, Seward, Young, Diaz, Dilan, Rivera, Gianaris, Breslin, Montgomery, Parker, Peralta, Perkins, Stavisky, Squadron, Kennedy, Espaillat, Sampson
Excused (1): Krueger

S3869-2013 Memo

BILL NUMBER:S3869                REVISED 4/30/13

TITLE OF BILL:  An act establishing the veterans' memorials
preservation act

PURPOSE: This bill seeks to provide statutory protection for veteran's
memorials throughout New York State.

SUMMARY OF SPECIFIC PROVISIONS: This act would provide for legal
protection for veterans 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 veterans
memorials in New York State.

This omission has resulted in many veterans memorials being destroyed
for short sighted and selfish reasons by persons with abject disregard
for the sacrifices of our veterans and the importance memorials serve
to preserve our history and our legacy of freedom.

This legislation would protect veterans 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 memorials
serve in our society will not be diminished.

PRIOR LEGISLATIVE HISTORY: 2008 - S.7879-A Passed Senate (59-0)
2009/2010 - S.5347 2011/2012 - S.3209

FISCAL IMPACT: None Noted.

EFFECTIVE DATE: This act would take effect immediately.

S3869-2013 Text

 S T A T E   O F   N E W   Y O R K
 
                                          3869
 2013-2014 Regular Sessions
 I N  SENATE
 February 25, 2013
 
 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.
 LBD01450-01-3

S3869-2013: Establishes the veterans' memorials preservation act