S T A T E   O F   N E W   Y O R K
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                                  7235

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                             March 26, 2009
                               ___________

Introduced by M. of A. CUSICK, PHEFFER, LAVINE, COLTON, LUPARDO, WEISEN-
  BERG,  TITONE, SCHROEDER, GUNTHER, JAFFEE, CHRISTENSEN, COOK, LATIMER,
  MILLMAN, MAGNARELLI, ORTIZ, ROBINSON -- Multi-Sponsored by -- M. of A.
  ABBATE, BRADLEY, DelMONTE, GABRYSZAK, GALEF, HYER-SPENCER, JOHN, KOON,
  MAGEE, McDONOUGH, McENENY, REILLY, SWEENEY -- read once  and  referred
  to the Committee on Veterans' 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.
                                                           LBD10692-01-9