S T A T E   O F   N E W   Y O R K
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                                  2403

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            January 18, 2011
                               ___________

Introduced by M. of A. CUSICK, PHEFFER, LAVINE, COLTON, LUPARDO, WEISEN-
  BERG,  TITONE,  SCHROEDER,  GUNTHER,  JAFFEE,  COOK, LATIMER, MILLMAN,
  MAGNARELLI, ORTIZ, ROBINSON, CASTRO -- Multi-Sponsored by -- M. of  A.
  ABBATE, CASTELLI, GABRYSZAK, GALEF, 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.
                                                           LBD05640-01-1