S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         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:
    1    Section 1. Short title. This act shall be known and may  be  cited  as
    2  the "veterans' memorials preservation act".
    3    S 2. Definitions. For the purposes of this act:
    4    (a)  a  "memorial"  is  any park, monument, field, open land, grove of
    5  trees, building, structure, artwork, tablet, plaque, wall, or any  other
    6  structure  that  has been donated to, or constructed by, a public entity
    7  as a memorial to veterans of any war, conflict, or police action engaged
    8  in by the armed forces of the United States, or any one  of  the  United
    9  States, or the New York national guard.
   10    (b) a "public entity" is any governmental body of any kind, including,
   11  but  not  limited  to, the state, a city, town, village, borough, school
   12  district, or public authority.
   13    S 3. Memorials shall be preserved and be open to the public.  (a)  Any
   14  public  entity  that  has created or received a gift of a memorial shall
   15  not alter, destroy, reconfigure, adjust, change, modify,  or  move  such
   16  memorial,  or  cause or permit any person to commit such acts; provided,
   17  however, that such acts are permitted when reasonably necessary.
   18    (b) Any public entity that has created a memorial or accepted  a  gift
   19  of a memorial shall maintain the memorial in a reasonable manner.
   20    (c)  A public entity shall not restrict access to a memorial except as
   21  reasonably necessary.
   22    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