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NY A02885

Bill

Status

Introduced

1/20/2011

Primary Sponsor

Joseph Morelle

Click for details

Origin

Assembly

2011-2012 General Assembly

AI Summary

  • Establishes a new law making it illegal for any person or entity to buy, sell, or transfer veteran's commemorative property (monuments, headstones, markers, plaques, statues, urns, flag holders, etc.) that is over 75 years old and placed in a cemetery, with violations classified as Class B misdemeanors.

  • Allows cemetery corporations, religious organizations, and municipal corporations to petition the Cemetery Board for permission to sell or transfer veteran's commemorative property if it is at risk of deterioration, will be preserved by the buyer, and proceeds support cemetery maintenance.

  • Requires petitioners to provide notice and opportunity for hearing to veteran's organizations that may have donated the property, veteran families, the Division of Veterans' Affairs, and the public before the Cemetery Board can approve any sale.

  • Mandates the Cemetery Board render a written decision within 60 days of hearing and may specify how sale proceeds must be used, including depositing funds into a permanent maintenance fund for cemetery upkeep.

  • Amends existing law on cemetery markers and flag holders to clarify that sales of veteran's commemorative property over 75 years old are permitted only if authorized by the Cemetery Board under these new procedures.

Legislative Description

Prohibits the unauthorized sale, purchase, sale or transfer of any cemetery marker, flag holder, monument, statue or other physical memorabilia that is over 75 years old that commemorates the life or death of a veteran or group of veterans, including but not limited to a military unit, company, battalion or division, if such cemetery marker, flag holder, monument, statue or other physical memorabilia that commemorates the life or death of a veteran or group of veterans has been placed in any cemetery; makes violations a class B misdemeanor; permits cemeteries to make such sales upon application to the state cemetery board and upon certain conditions.

Last Action

referred to veterans' affairs

1/4/2012

Committee Referrals

Veterans' Affairs1/20/2011

Full Bill Text

No bill text available