Senate Bill S284

2013-2014 Legislative Session

Prohibits the unauthorized sale of veterans' commemorative property by cemeteries

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Sponsored By

Archive: Last Bill Status - In Assembly Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2013-S284 (ACTIVE) - Details

See Assembly Version of this Bill:
A3105
Current Committee:
Assembly Veterans
Law Section:
General Business Law
Laws Affected:
Add §450-b, amd §450-a, Gen Bus L
Versions Introduced in Other Legislative Sessions:
2009-2010: S769, A2015
2011-2012: S1504, A2885
2015-2016: S2208, A3110
2017-2018: S2390, A7168
2019-2020: S1654, A3207
2021-2022: S1647, A4160
2023-2024: S1128, A1823

2013-S284 (ACTIVE) - Summary

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.

2013-S284 (ACTIVE) - Sponsor Memo

2013-S284 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   284

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sens. LARKIN, ADDABBO, AVELLA, BALL, CARLUCCI, GALLIVAN,
  RITCHIE, VALESKY -- read twice and ordered printed, and  when  printed
  to be committed to the Committee on Consumer Protection

AN  ACT  to amend the general business law, in relation to the unauthor-
  ized sale of veterans' commemorative property that has been placed  in
  a cemetery and the unauthorized sale of cemetery markers and flaghold-
  ers

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1.   The general business law  is  amended  by  adding  a  new
section 450-b to read as follows:
  S  450-B.  UNAUTHORIZED  SALE OF VETERAN'S COMMEMORATIVE PROPERTY THAT
HAS BEEN PLACED IN A CEMETERY. 1. FOR THE PURPOSES OF THIS SECTION,  THE
FOLLOWING TERMS HAVE THE FOLLOWING MEANINGS:
  (A)  "BOARD"  MEANS  THE  CEMETERY  BOARD  CREATED PURSUANT TO SECTION
FIFTEEN HUNDRED FOUR OF THE NOT-FOR-PROFIT CORPORATION LAW.
  (B) "CEMETERY" MEANS ANY REAL OR PERSONAL PROPERTY USED OR  MAINTAINED
AS  A  CEMETERY, MAUSOLEUM, COLUMBARIUM, LOT, PLOT, GRAVE, BURIAL PLACE,
NICHE, CRYPT, VAULT, OR OTHER PLACE OF INTERMENT OR TEMPORARY STORAGE OF
HUMAN REMAINS OR CREMATED HUMAN REMAINS, INCLUDING BUT  NOT  LIMITED  TO
ANY  CEMETERY,  MAUSOLEUM,  COLUMBARIUM, LOT, PLOT, GRAVE, BURIAL PLACE,
NICHE, CRYPT, VAULT, OR OTHER PLACE OF INTERMENT OR TEMPORARY STORAGE OF
HUMAN REMAINS OR CREMATED HUMAN REMAINS WHICH IS OWNED OR CONTROLLED  BY
ANY  UNINCORPORATED  ASSOCIATION,  PUBLIC  CEMETERY  CORPORATION, FAMILY
CEMETERY CORPORATION, PRIVATE  CEMETERY  CORPORATION,  RELIGIOUS  CORPO-
RATION OR MUNICIPAL CORPORATION, OR WHICH IS ABANDONED OR NOT CONTROLLED
BY ANY EXISTING BOARD OR BODY.
  (C) "VETERAN" MEANS A DECEASED PERSON WHO:
  (1)(A)  SERVED  IN  THE ACTIVE MILITARY OR NAVAL SERVICE OF THE UNITED
STATES DURING A WAR IN WHICH THE UNITED STATES ENGAGED; OR

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
              

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