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NY A03105
Bill
Status
1/23/2013
Primary Sponsor
Joseph Morelle
Click for details
AI Summary
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Prohibits any person or entity from purchasing, selling, or transferring veterans' commemorative property (monuments, headstones, markers, plaques, urns, flag holders, and similar items over 75 years old) placed in cemeteries, with violations constituting a Class B misdemeanor.
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Allows cemetery organizations to petition the Cemetery Board for permission to sell or transfer veterans' commemorative property if it is deteriorating, will be preserved by the buyer, funds are needed for cemetery maintenance, and a fitting replacement will be installed at the original site.
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Requires petitioners to obtain consent from any veterans' organizations that originally donated the property and to serve notice on affected veterans' families, relevant state divisions, and the public before a hearing.
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Establishes a hearing process before the Cemetery Board with a decision required within 60 days, subject to judicial review, and allows the Board to specify how sale proceeds must be used.
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Amends existing law on unauthorized sale of cemetery markers and flag holders to permit such sales when authorized by the Cemetery Board under the new veterans' commemorative property provisions.
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
1/8/2014