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NY A02885
Bill
Status
1/20/2011
Primary Sponsor
Joseph Morelle
Click for details
AI Summary
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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.
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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.
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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.
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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.
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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