NY S02390

Prohibits any person or entity from purchasing, selling, or transferring veteran's commemorative property over 75 years old that identifies or commemorates veterans or military units, monuments, headstones, flags holders, or similar items placed in cemeteries, making violations a class B misdemeanor.

Allows cemetery corporations, religious corporations, and municipal corporations to petition the state cemetery board for permission to sell or transfer veteran's commemorative property if it is at risk of deterioration and will be replaced with a suitable replacement marker.

Requires cemetery board approval based on six criteria, including that property will be transferred to someone who will preserve it, proceeds will maintain the cemetery and veteran burial sites, and consent from any veterans' organization that originally donated the property.

Establishes a hearing process where veterans' families, veterans' organizations, the division of veterans' affairs, and the public may testify, with the board issuing a written decision within 60 days that is subject to judicial review.

Amends existing law to clarify that the prohibition on selling cemetery markers and flag holders does not apply to veteran's commemorative property that has been authorized for sale by the cemetery board under this new section.