Provides for the establishment of a state veteran's cemetery

13 Co-sponsors

• Joseph P. Addabbo Jr.
• John J. Bonacic
• David Carlucci
• Charles J. Fuschillo Jr.
• Patrick M. Gallivan
• Andrew J. Lanza
• William J. Larkin Jr.
• Betty Little
• Jack M. Martins
• George D. Maziarz
• Michael F. Nozzolio
• Thomas F. O'Mara
• Lee M. Zeldin

BILL NUMBER:S5381A

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.