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NY A01823
Bill
Status
1/23/2023
Primary Sponsor
William Colton
Click for details
AI Summary
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Prohibits the purchase, sale, or transfer of veteran's commemorative property (monuments, headstones, markers, plaques, statues, urns, flag holders, or similar items over 75 years old that identify or commemorate veterans) placed in cemeteries, with violations classified as a class B misdemeanor.
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Allows cemetery corporations, religious corporations, municipal corporations, and unincorporated associations to petition the cemetery board for permission to sell veteran's commemorative property if the property is deteriorating, will be preserved by the buyer, and proceeds support cemetery maintenance.
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Requires cemetery board approval based on six criteria: deterioration risk, suitable preservation by transferee, financial necessity for cemetery maintenance, replacement with appropriate commemorative marker, consent from donating veterans' organizations, and proper ownership authorization.
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Establishes a hearing process with notification to relevant parties including veteran families, veterans' organizations, state divisions of veterans' affairs and military affairs, and the public, with board decisions rendered within 60 days and subject to judicial review.
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Takes effect 180 days after enactment and permits the cemetery board to promulgate implementing regulations prior to that date.
Legislative Description
Prohibits the unauthorized sale, purchase 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
1/3/2024