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NY A03110

Bill

Status

Introduced

1/22/2015

Primary Sponsor

Joseph Morelle

Click for details

Origin

Assembly

2015-2016 General Assembly

AI Summary

  • Prohibits any person or entity from purchasing, selling, or transferring veteran's commemorative property (monuments, headstones, markers, plaques, urns, flag holders, etc.) that is over 75 years old and placed in cemeteries, with violations constituting a Class B misdemeanor.

  • Allows cemetery corporations and associations to petition the Cemetery Board for permission to sell, trade, or transfer veteran's commemorative property if the property is deteriorating, will be preserved by the buyer, and is replaced with a fitting replacement marker at the original site.

  • Requires petitioners to notify the Division of Cemeteries, veteran's organizations that may have donated the property, veteran families, and the public; the Cemetery Board must hold a hearing and render a written decision within 60 days.

  • Permits the Cemetery Board to specify how sale proceeds must be used, including requiring nonprofit cemeteries to deposit proceeds into their permanent maintenance fund.

  • Amends existing law to clarify that metal cemetery markers and flag holders bearing veterans' insignia may be sold only if they qualify as veteran's commemorative property and have been authorized by the Cemetery Board.

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

1/6/2016

Committee Referrals

Veterans' Affairs1/22/2015

Full Bill Text

No bill text available