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NY A03207
Bill
Status
1/28/2019
Primary Sponsor
William Colton
Click for details
AI Summary
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Prohibits the unauthorized purchase, sale, or transfer of veteran's commemorative property (monuments, headstones, markers, flags, urns, and similar items) that is over 75 years old and placed in cemeteries; violations constitute a Class B misdemeanor.
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Allows cemetery organizations to petition the state cemetery board for permission to sell such property if it faces physical deterioration, will be preserved by the buyer, and proceeds fund cemetery maintenance.
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Requires cemetery board approval based on six criteria: reasonable risk of deterioration, suitable buyer willing to preserve the property, financial necessity for cemetery maintenance, replacement with fitting commemorative marker, consent from donating veterans' organizations if applicable, and owner authorization.
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Establishes a hearing process before the cemetery board with notice to veteran families, veterans' organizations, division of veterans' affairs, and the public; board must decide within 60 days and decisions are subject to judicial review.
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Amends existing law regarding cemetery markers and flag holders to permit sales authorized by the cemetery board under the new provisions, effective 180 days after enactment.
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
1/8/2020