Relates to the powers and duties of the division of veterans' affairs to establish, operate and maintain state veterans' cemeteries.
Ayes (61): Adams, Addabbo, Alesi, Avella, Ball, Bonacic, Breslin, Carlucci, DeFrancisco, Diaz, Duane, Espaillat, Farley, Flanagan, Fuschillo, Gallivan, Gianaris, Golden, Griffo, Grisanti, Hannon, Hassell-Thomps, Huntley, Johnson, Kennedy, Klein, Krueger, Kruger, Lanza, Larkin, LaValle, Libous, Little, Marcellino, Martins, Maziarz, McDonald, Montgomery, Nozzolio, O'Mara, Oppenheimer, Parker, Peralta, Perkins, Ranzenhofer, Ritchie, Rivera, Robach, Saland, Sampson, Savino, Serrano, Seward, Skelos, Smith, Squadron, Stavisky, Stewart-Cousin, Valesky, Young, Zeldin
Nays (1): Dilan
Ayes (33): DeFrancisco, Johnson, Alesi, Bonacic, Farley, Flanagan, Fuschillo, Golden, Griffo, Hannon, Lanza, Larkin, LaValle, Little, Marcellino, Nozzolio, Robach, Saland, Seward, Young, Breslin, Diaz, Dilan, Duane, Gianaris, Montgomery, Parker, Peralta, Perkins, Rivera, Stavisky, Stewart-Cousins, Squadron
Ayes W/R (1): Krueger
Excused (1): Oppenheimer
TITLE OF BILL: An act to amend the executive law, in relation to providing for the establishment of a state veteran's cemetery
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: This is a new bill.
FISCAL IMPLICATIONS: Savings to the State of New York.
EFFECTIVE DATE: This legislation will take effect immediately.
STATE OF NEW YORK ________________________________________________________________________ 5381--A Cal. No. 1109 2011-2012 Regular Sessions IN SENATE 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: Section 1. Subdivision 12 of section 353 of the executive law, as added by chapter 613 of the laws of 1984, is amended to read as follows: 12. To make application to the government of the United States or any political subdivision, agency or instrumentality thereof, for funds for the purpose of acquiring lands for, establishing, operating and main- taining veteran's cemeteries in this state; to enter into contracts with any political subdivision, agency or instrumentality of the state for the establishment, operation and maintenance of veteran's cemeteries in this state; and to evaluate, monitor and otherwise oversee the operation of veteran's cemeteries
[provided, however,](A) THE STATE DIRECTOR SHALL PROMULGATE RULES AND REGULATIONS GOVERN- ING THE SUBMISSION OF REQUESTS AND PROPOSALS BY A POLITICAL SUBDIVISION, AGENCY OR INSTRUMENTALITY OF THE STATE DESIRING TO ESTABLISH, OPERATE AND MAINTAIN A STATE VETERAN'S CEMETERY. (B) THE STATE MAY ENTER INTO A CONTRACT WITH ANY POLITICAL SUBDIVI- SION, AGENCY OR INSTRUMENTALITY OF THE STATE FOR THE ESTABLISHMENT, OPERATION AND MAINTENANCE OF A STATE VETERAN'S CEMETERY IN THE STATE. ANY SUCH CONTRACT SHALL PROVIDE: that all costs of such establishment, operation and maintenance, TO THE EXTENT SUCH COSTS ARE NOT PAID OR REIMBURSED BY THE GOVERNMENT OF THE UNITED STATES, shall be borne by theEXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD11621-04-1 S. 5381--A 2
political subdivision, agency or instrumentality
[with which the divi- sion has contracted]AND THAT THE POLITICAL SUBDIVISION, AGENCY OR INSTRUMENTALITY WILL MEET ANY APPLICABLE FEDERAL STANDARDS AND REQUIRE- MENTS FOR THE PERPETUAL OPERATION AND MAINTENANCE OF SUCH STATE VETER- AN'S CEMETERY. (C) THE STATE SHALL ACQUIRE REAL PROPERTY AS NECESSARY AND APPROPRIATE FOR THE ESTABLISHMENT OF A STATE VETERAN'S CEMETERY. ALL LANDS UPON WHICH SUCH CEMETERY IS ESTABLISHED SHALL BE OWNED BY THE STATE AND SHALL BE USED SOLELY FOR STATE VETERAN'S CEMETERY PURPOSES. BY CONTRACT, THE POLITICAL SUBDIVISION, AGENCY OR INSTRUMENTALITY SHALL BE REQUIRED TO ASSIST THE DIVISION IN CHOOSING A SITE FOR SUCH STATE VETERAN'S CEME- TERY. ANY COSTS ASSOCIATED WITH THE ACQUISITION OF REAL PROPERTY ON WHICH SUCH CEMETERY WILL BE SITED SHALL BE DEEMED TO BE A COST OF THE ESTABLISHMENT OF THE CEMETERY FOR PURPOSES OF THIS SECTION. (D) IN THE EVENT THAT THE POLITICAL SUBDIVISION, AGENCY OR INSTRUMEN- TALITY FAILS TO PERFORM ITS OBLIGATIONS UNDER THE CONTRACT, THE STATE DIRECTOR SHALL CERTIFY TO THE COMPTROLLER ANY UNPAID AMOUNTS OR ANY AMOUNTS NECESSARY FOR THE STATE TO ASSUME THE OBLIGATIONS WHICH THE POLITICAL SUBDIVISION, AGENCY OR INSTRUMENTALITY FAILED TO PERFORM, AND THE COMPTROLLER SHALL, TO THE EXTENT NOT OTHERWISE PROHIBITED BY LAW, WITHHOLD SUCH AMOUNT FROM ANY STATE AID OR OTHER AMOUNT PAYABLE TO SUCH POLITICAL SUBDIVISION, AGENCY OR INSTRUMENTALITY. TO THE EXTENT THAT SUFFICIENT FUNDS ARE NOT AVAILABLE FOR SUCH WITHHOLDING, THE STATE MAY PURSUE ANY AND ALL AVAILABLE LEGAL REMEDIES TO ENFORCE THE TERMS OF THE CONTRACT. (E) NOTWITHSTANDING THE PROVISIONS OF PARAGRAPH (B) OF THIS SUBDIVI- SION, THE STATE SHALL 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 MAIN- TENANCE OF SUCH CEMETERIES. S 2. This act shall take effect immediately; provided, however, that the division of veterans' affairs may process any request by a political subdivision, agency or instrumentality for the establishment, operation and maintenance under consideration by such division on such effective date prior to the promulgation of rules and regulations pursuant to subdivision 12 of section 353 of the executive law, as amended by section one of this act.