S5381A-2011 - NY Senate Open Legislation - Provides for the establishment of a state veteran's cemetery

Relates to the powers and duties of the division of veterans' affairs to establish, operate and maintain state veterans' cemeteries.

Sponsor: BALL / Co-sponsor(s): ADDABBO, BONACIC, CARLUCCI, FUSCHILLO, GALLIVAN, LANZA, LARKIN, LITTLE, MARTINS, MAZIARZ, NOZZOLIO, O'MARA, ZELDIN / Committee: RULES
Law Section: Executive Law / Law: Amd S353, Exec L

S5381A-2011 Actions

Jun 21, 2012: COMMITTED TO RULES
Mar 12, 2012: ADVANCED TO THIRD READING
Mar 7, 2012: 2ND REPORT CAL.
Mar 6, 2012: 1ST REPORT CAL.307
Jan 18, 2012: REPORTED AND COMMITTED TO FINANCE
Jan 4, 2012: REFERRED TO VETERANS, HOMELAND SECURITY AND MILITARY AFFAIRS
Jan 4, 2012: returned to senate
Jan 4, 2012: died in assembly
Jun 21, 2011: referred to ways and means
Jun 21, 2011: DELIVERED TO ASSEMBLY
Jun 21, 2011: PASSED SENATE
Jun 15, 2011: AMENDED ON THIRD READING (T) 5381A
Jun 14, 2011: ADVANCED TO THIRD READING
Jun 13, 2011: 2ND REPORT CAL.
Jun 7, 2011: 1ST REPORT CAL.1109
May 17, 2011: REPORTED AND COMMITTED TO FINANCE
May 13, 2011: REFERRED TO VETERANS, HOMELAND SECURITY AND MILITARY AFFAIRS

S5381A-2011 Meetings

Finance: Mar 6, 2012, Veterans, Homeland Security and Military Affairs: Jan 18, 2012

S5381A-2011 Calendars

S5381A-2011 Votes

VOTE: COMMITTEE VOTE: - Veterans, Homeland Security and Military Affairs - May 17, 2011

Ayes (14): Ball, Flanagan, Golden, Griffo, Grisanti, Larkin, McDonald, Zeldin, Addabbo, Avella, Stewart-Cousins, Carlucci, Klein, Savino

VOTE: COMMITTEE VOTE: - Finance - Jun 7, 2011

Ayes (28): DeFrancisco, Johnson, Alesi, Bonacic, Farley, Flanagan, Fuschillo, Golden, Griffo, Hannon, Lanza, Larkin, LaValle, Little, Marcellino, Nozzolio, Robach, Saland, Seward, Young, Breslin, Diaz, Dilan, Gianaris, Oppenheimer, Parker, Stavisky, Stewart-Cousins
Ayes W/R (7): Krueger, Duane, Kruger, Montgomery, Peralta, Perkins, Rivera

VOTE: FLOOR VOTE: - Jun 21, 2011

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

VOTE: COMMITTEE VOTE: - Veterans, Homeland Security and Military Affairs - Jan 18, 2012

Ayes (13): Ball, Flanagan, Golden, Griffo, Grisanti, McDonald, Zeldin, Addabbo, Avella, Stewart-Cousins, Carlucci, Klein, Savino
Excused (1): Larkin

VOTE: COMMITTEE VOTE: - Finance - Mar 6, 2012

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

S5381A-2011 Memo

BILL NUMBER:S5381

TITLE OF BILL:
An act
to amend the executive law, in relation to authorizing the division of
veterans' affairs to establish, maintain and care for a state veterans'
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. That being said, the division and the state will
have sale responsibility for the perpetual maintenance and care of
the state veterans cemetery.

Section One - allows the division may 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.

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:
To be determined.


EFFECTIVE DATE:
This act shall take effect immediately.

S5381A-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 5381--A
 Cal. No. 1109
 2011-2012 Regular Sessions
 I N  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 the
 EXPLANATION--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.

S5381A-2011: Provides for the establishment of a state veteran's cemetery