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NY A07168

Bill

Status

Introduced

4/12/2017

Primary Sponsor

William Colton

Click for details

Origin

Assembly

2017-2018 General Assembly

AI Summary

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

  • Allows cemetery organizations to petition the cemetery board for permission to sell or transfer such property if it is deteriorating, will be preserved by the buyer, and funds are needed for cemetery maintenance.

  • Requires board approval petitions to meet six criteria including replacement with fitting commemorative property at the original site and consent from any veterans' organization that originally donated the item.

  • Establishes a hearing process where veterans' organizations, veteran families, and state agencies (Division of Veterans' Affairs, Division of Military and Naval Affairs, Office of Parks and Historic Preservation) may testify before the board issues a written decision within 60 days.

  • Board may specify how proceeds from approved sales be used, potentially requiring deposit into the permanent maintenance fund for cemetery upkeep under not-for-profit corporation law.

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

1/3/2018

Committee Referrals

Veterans' Affairs4/12/2017

Full Bill Text

No bill text available