Prohibits the unauthorized sale of veterans' commemorative property by cemeteries

9 Co-sponsors

• Joseph P. Addabbo Jr.
• Tony Avella
• Greg Ball
• John J. Bonacic
• David Carlucci
• Patrick M. Gallivan
• Terry Gipson
• Patty Ritchie
• David J. Valesky

BILL NUMBER:S284

Title of bill

An act to amend the general business law, in relation to the unauthorized sale of veterans' commemorative property that has been placed in a cemetery and the unauthorized sale of cemetery markers and flagholders

Purpose

This bill prohibits the unauthorized sale of veteran commemorative cemetery markers, flag holders, monuments, statues or other physical memorabilia that are over 75 years old by cemeteries if such property is currently placed or located within a cemetery.

Summary of provisions

Section 1: Adds a new general business law section 450-b to prohibit the unauthorized sale of veteran cemetery markers, flag holders, statues or other monuments that are over 75 years old and which are currently located in a cemetery by any individual or corporation. The bill allows cemetery corporations to engage in the purchase, sale or transfer of such veteran cemetery markers, statues or other monuments that are over 75 years old if the cemetery corporation obtains permission from the New York State Cemetery Board. The Board can authorize the purchase, sale or transfer of cemetery commemorative statutes or monuments if five conditions are satisfied. The five conditions that need to be satisfied will help to ensure that veteran grave markers or other veteran monuments will be preserved from physical deterioration and only transferred to individuals or corporations that will help to preserve such personal property. Cemetery property can only be transferred after a public hearing is conducted by the Board and veterans groups have been notified of such hearing.

Section 2: Amends General Business Law section 450-a to ensure that the provisions of section 450-b created by this act will not affect the ability of veterans organizations to sell or trade cemetery markers and flag holders.

Existing law

There is presently no law that specifically regulates the sale of historic veteran cemetery markers or monuments.

Justification

This legislation addresses a problem that was first brought to the bill sponsor's attention by the Sons of Union Veterans of the Civil War, Department of New York. It seems that particularly with Civil War veteran grave yards, that the cemetery markers. statues and monuments are becoming valuable because of their age and the ornate style in which they were designed and constructed. Further, that these valuable historic cemetery markers are being sold by cemetery Corporations. Civil War veteran groups maintain that many of these Civil War monuments erected in cemeteries were donated by veteran groups after the civil war and are, in equitable terms, the property of the veteran's groups and the communities in which they are situated. Further, that these Civil War monuments should remain where they were

placed to help commemorate the sacrifices made by Civil War veterans. This bill curtails the unauthorized purchase, sale or transfer of veteran statues, gravestones, monuments or other personal property that commemorates the life and death of these veterans.

Legislative history

See a similar bill S.3784-B of 2003/2004, Passed the State Senate in 2004 S.4835 of 2007/2008 - Passed Senate S.769 of 2009/2010 S.1504 of 2011/2012 - Passed Senate

Fiscal implications

None.

Local fiscal implications

None.

Effective date

On the 180th day after it shall have become law, with provisions.