senate Bill S1504

2011-2012 Legislative Session

Prohibits the unauthorized sale of veterans' commemorative property by cemeteries

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Archive: Last Bill Status - Passed Senate


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Mar 05, 2012 referred to veterans' affairs
delivered to assembly
passed senate
Jan 23, 2012 advanced to third reading
Jan 19, 2012 2nd report cal.
Jan 18, 2012 1st report cal.80
Jan 04, 2012 referred to veterans, homeland security and military affairs
returned to senate
died in assembly
Mar 14, 2011 referred to veterans' affairs
delivered to assembly
passed senate
Mar 01, 2011 advanced to third reading
Feb 28, 2011 2nd report cal.
Feb 16, 2011 1st report cal.99
Jan 07, 2011 referred to veterans, homeland security and military affairs

Votes

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Jan 18, 2012 - Veterans, Homeland Security and Military Affairs committee Vote

S1504
13
0
committee
13
Aye
0
Nay
0
Aye with Reservations
0
Absent
1
Excused
0
Abstained
show Veterans, Homeland Security and Military Affairs committee vote details

Veterans, Homeland Security and Military Affairs Committee Vote: Jan 18, 2012

excused (1)

Feb 15, 2011 - Veterans, Homeland Security and Military Affairs committee Vote

S1504
14
0
committee
14
Aye
0
Nay
0
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Veterans, Homeland Security and Military Affairs committee vote details

Veterans, Homeland Security and Military Affairs Committee Vote: Feb 15, 2011

Co-Sponsors

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S1504 - Bill Details

See Assembly Version of this Bill:
A2885
Current Committee:
Law Section:
General Business Law
Laws Affected:
Add §450-b, amd §450-a, Gen Bus L
Versions Introduced in 2009-2010 Legislative Session:
S769, A2015

S1504 - Bill Texts

view 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.

view sponsor memo
BILL NUMBER:S1504

TITLE OF BILL:
An act
to amend the navigation law, in relation to providing an exemption from
certain laws for operators
of law enforcement vessels responding
to emergencies on the navigable waters of the state

PURPOSE: This bill exempts law enforcement from laws
which regulate
vessels on the navigable waters of the state while in the course of
responding to emergencies.

SUMMARY OF PROVISIONS: Adds a new section 39-b of the
Navigation Law
to provide an exemption from certain laws for law enforcement vessels
responding to emergencies on the navigable waters of the state.

JUSTIFICATION: The New York State Harbormaster & Bay
Constable
Association have raised a concern that NYS Navigation Law does not
exempt bona fide law enforcement agencies from deviating from the
State Law when responding to emergencies or in pursuit of law
enforcement activities. Such exemptions currently exist in the NYS
Vehicle and Traffic Law with regards to police and emergency vehicles.

This omission may become an issue of liability on the part of State,
County and Local government. This legislation will remedy the
situation.

LEGISLATIVE HISTORY: 2002-2008: Passed Senate;
2009-10: Senate
Tourism, Recreation & Sports Development; 2011-12: Passed Senate.

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: This act shall take effect immediately.

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

                                  1504

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             January 7, 2011
                               ___________

Introduced  by  Sens. LARKIN, ADDABBO -- read twice and ordered printed,
  and when printed to be committed to the Committee on  Veterans,  Home-
  land Security and Military Affairs

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.
                                                           LBD05793-01-1

S. 1504                             2

  (B) SERVED IN ACTIVE DUTY IN A FORCE OF ANY  ORGANIZED  STATE  MILITIA
(NOT  INCLUDING  THE  INACTIVE  NATIONAL GUARD AND NOT INCLUDING THE NEW
YORK GUARD WHEN IN AN INACTIVE STATUS) IN A FULL TIME STATUS; AND
  (2)  WAS  RELEASED  FROM  SUCH  SERVICE OTHERWISE THAN BY DISHONORABLE
DISCHARGE OR WAS FURLOUGHED TO THE RESERVE.
  (D) "VETERAN'S COMMEMORATIVE PROPERTY" MEANS ANY MONUMENT,  HEADSTONE,
MARKER,  MEMORIAL,  PLAQUE,  STATUE, VASE, URN, DECORATION, FLAG HOLDER,
BADGE, SHIELD, ITEM OF MEMORABILIA OR OTHER EMBELLISHMENT, THAT:
  (1) IS OVER SEVENTY-FIVE YEARS OLD;
  (2) IDENTIFIES OR COMMEMORATES  ANY  VETERAN  OR  GROUP  OF  VETERANS,
INCLUDING  BUT NOT LIMITED TO ANY VETERANS' ORGANIZATION OR ANY MILITARY
UNIT, COMPANY, BATTALION, OR DIVISION; AND
  (3) HAS BEEN PLACED IN ANY CEMETERY.
  2. EXCEPT AS OTHERWISE PROVIDED IN SUBDIVISION THREE OF THIS  SECTION,
IT  SHALL  BE  UNLAWFUL  FOR ANY PERSON, FIRM, ASSOCIATION, PARTNERSHIP,
LIMITED PARTNERSHIP, LIMITED LIABILITY  COMPANY,  CORPORATION  OR  OTHER
ENTITY  TO  ENGAGE  IN  THE  PURCHASE, SALE OR TRANSFER OF ANY VETERAN'S
COMMEMORATIVE PROPERTY. A VIOLATION OF THE PROVISIONS OF  THIS  SUBDIVI-
SION SHALL CONSTITUTE A CLASS B MISDEMEANOR AS DEFINED IN THE PENAL LAW.
  3.  (A)  ANY  UNINCORPORATED ASSOCIATION, PUBLIC CEMETERY CORPORATION,
FAMILY CEMETERY CORPORATION,  PRIVATE  CEMETERY  CORPORATION,  RELIGIOUS
CORPORATION  OR  MUNICIPAL  CORPORATION THAT OWNS OR CONTROLS A CEMETERY
WHERE ANY VETERAN'S COMMEMORATIVE PROPERTY HAS BEEN PLACED MAY  PETITION
THE  BOARD  FOR PERMISSION TO SELL, TRADE OR TRANSFER ALL OR ANY PART OF
SUCH VETERAN'S COMMEMORATIVE PROPERTY. THE CRITERIA FOR  APPROVING  SUCH
SALE,  TRADE OR TRANSFER OF SUCH VETERAN'S COMMEMORATIVE PROPERTY ARE AS
FOLLOWS:
  (1) SUCH VETERAN'S COMMEMORATIVE PROPERTY IS  AT  REASONABLE  RISK  OF
PHYSICALLY  DETERIORATING SO THAT IT WILL BECOME UNRECOGNIZABLE AS IDEN-
TIFYING OR COMMEMORATING THE VETERAN OR  GROUP  OF  VETERANS  ORIGINALLY
IDENTIFIED OR COMMEMORATED THEREBY;
  (2)  SUCH  VETERAN'S  COMMEMORATIVE  PROPERTY  IS PROPOSED TO BE SOLD,
TRADED OR TRANSFERRED TO A SUITABLE PERSON, FIRM, ASSOCIATION,  PARTNER-
SHIP,  LIMITED  PARTNERSHIP,  LIMITED  LIABILITY COMPANY, CORPORATION OR
OTHER ENTITY THAT WILL PRESERVE THE CURRENT CONDITION OF SUCH  VETERAN'S
COMMEMORATIVE  PROPERTY  AND PLACE SUCH VETERAN'S COMMEMORATIVE PROPERTY
IN A SUITABLE PLACE THAT WILL  COMMEMORATE  SUCH  VETERAN  OR  GROUP  OF
VETERANS;
  (3)  THE  PETITIONER  NEEDS  TO SELL, TRADE OR TRANSFER SUCH VETERAN'S
COMMEMORATIVE PROPERTY TO ENSURE THAT SUFFICIENT FUNDS ARE AVAILABLE  TO
SUITABLY  MAINTAIN THE CEMETERY WHERE SUCH VETERAN'S COMMEMORATIVE PROP-
ERTY WAS PLACED, AND THE SPECIFIC LOT, PLOT, GRAVE, BURIAL PLACE, NICHE,
CRYPT OR OTHER PLACE OF INTERMENT OF SUCH VETERAN OR GROUP OF  VETERANS,
SO  THAT  SUCH  PLACES WILL RETAIN THE RESPECT THAT SUCH HALLOWED PLACES
DESERVE;
  (4) THE VETERAN'S COMMEMORATIVE PROPERTY THAT IS TO BE SOLD, TRADED OR
TRANSFERRED SHALL BE REPLACED AT ITS ORIGINAL SITE BY A FITTING REPLACE-
MENT COMMEMORATIVE PROPERTY, MONUMENT OR MARKER THAT APPROPRIATELY IDEN-
TIFIES AND COMMEMORATES SUCH VETERAN OR GROUP OF VETERANS;
  (5) IF THE VETERAN'S COMMEMORATIVE PROPERTY  TO  BE  SOLD,  TRADED  OR
TRANSFERRED  IS  REASONABLY KNOWN TO THE PETITIONER TO HAVE BEEN DONATED
TO THE PETITIONER BY  ANY  VETERANS'  ORGANIZATION,  INCLUDING  BUT  NOT
LIMITED TO THE GRAND ARMY OF THE REPUBLIC, THE SONS OF UNION VETERANS OF
THE CIVIL WAR, THE SONS OF CONFEDERATE VETERANS, THE VETERANS OF FOREIGN
WARS,  THE  DISABLED AMERICAN VETERANS, THE UNITED SPANISH WAR VETERANS,
THE JEWISH WAR VETERANS OF THE UNITED STATES,  INC.,  THE  CATHOLIC  WAR

S. 1504                             3

VETERANS,  INC.,  THE  AMERICAN LEGION, AMVETS, THE AMERICAN VETERANS OF
WORLD WAR II, THE ITALIAN AMERICAN WAR VETERANS  OF  THE  UNITED  STATES
INCORPORATED,  THE MASONIC WAR VETERANS OF THE STATE OF NEW YORK, INCOR-
PORATED,  THE  SOCIETY  OF  THE  CINCINNATI, OR ANY OTHER CORPORATION OR
ASSOCIATION OF VETERANS, THAT SUCH SALE, TRADE OR  TRANSFER  SHALL  HAVE
BEEN CONSENTED TO BY SUCH VETERANS' ORGANIZATION; AND
  (6)  IF THE PETITIONER IS NOT THE OWNER OF THE VETERAN'S COMMEMORATIVE
PROPERTY THAT IS TO BE SOLD, TRADED OR TRANSFERRED, THAT THE  PETITIONER
IS  AUTHORIZED  BY THE OWNER OF SUCH VETERAN'S COMMEMORATIVE PROPERTY OR
BY OPERATION OF LAW, OTHER THAN THIS SECTION, TO SELL, TRADE OR TRANSFER
SUCH VETERAN'S COMMEMORATIVE PROPERTY AND TO RETAIN AND USE THE PROCEEDS
OF SUCH SALE, TRADE OR TRANSFER.
  (B) A PETITION UNDER PARAGRAPH (A) OF THIS SUBDIVISION SHALL BE DELIV-
ERED TO THE DIVISION OF CEMETERIES WITHIN THE DEPARTMENT OF STATE.  UPON
THE  DELIVERY OF ANY SUCH PETITION TO THE DIVISION OF CEMETERIES, EITHER
THE BOARD OR THE DIVISION OF CEMETERIES SHALL FIX A DATE, TIME AND PLACE
OF THE HEARING. THE DATE FIXED  FOR  SUCH  HEARING  SHALL  BE  WITHIN  A
REASONABLE  TIME,  NOT TO EXCEED ONE HUNDRED DAYS, AFTER THE PETITION IS
RECEIVED BY THE DIVISION OF CEMETERIES.
  (C) THE PETITIONER SHALL SERVE NOTICE OF THE HEARING AND A COPY OF THE
PETITION UPON THE PERSONS AND ENTITIES MENTIONED IN  SUBPARAGRAPHS  TWO,
THREE,  FOUR,  FIVE,  SIX AND SEVEN OF PARAGRAPH (D) OF THIS SUBDIVISION
WHO COULD REASONABLY BE ASCERTAINED AND CONTACTED BY THE PETITIONER  AND
UPON SUCH OTHER PERSON OR PERSONS AS MAY BE DIRECTED BY THE BOARD OR THE
DIVISION  OF  CEMETERIES.  SERVICE OF THE NOTICE OF HEARING AND PETITION
SHALL BE MADE IN SUCH MANNER AND BY SUCH DATE AS SHALL BE  SPECIFIED  BY
THE BOARD OR THE DIVISION OF CEMETERIES.
  (D)  AT  SUCH  HEARING,  THE  FOLLOWING PERSONS AND ENTITIES, OR THEIR
REPRESENTATIVES, MAY BE HEARD:
  (1) THE PETITIONER,
  (2) ANY PERSON OR ENTITY, OTHER THAN THE PETITIONER, WHO IS THE  OWNER
OF THE VETERAN'S COMMEMORATIVE PROPERTY IN QUESTION,
  (3)  ANY  VETERAN'S ORGANIZATION THAT DONATED THE VETERAN'S COMMEMORA-
TIVE PROPERTY IN QUESTION TO THE PETITIONER,
  (4) THE FAMILY OF EACH VETERAN  AT  WHOSE  LOT,  PLOT,  GRAVE,  BURIAL
PLACE, NICHE, CRYPT OR OTHER PLACE OF INTERMENT THE VETERAN'S COMMEMORA-
TIVE PROPERTY IN QUESTION IS OR WAS PLACED,
  (5) THE DIVISION OF VETERANS' AFFAIRS,
  (6) THE DIVISION OF MILITARY AND NAVAL AFFAIRS,
  (7) THE OFFICE OF PARKS, RECREATION AND HISTORIC PRESERVATION, AND
  (8)  ANY OTHER MEMBER OF THE PUBLIC WHO WOULD LIKE TO OFFER WRITTEN OR
ORAL TESTIMONY. TESTIMONY MAY BE  HEARD  IN  PERSON  OR  BY  COUNSEL  OR
SUBMITTED IN WRITING.
  (E)  THE BOARD SHALL RENDER ITS DECISION IN WRITING, WITHIN SIXTY DAYS
OF THE HEARING, AND SHALL FORWARD A COPY  THEREOF  TO  EACH  PERSON  WHO
APPEARED  AT  THE HEARING. ANY ORDER OR DETERMINATION OF THE BOARD SHALL
BE SUBJECT TO JUDICIAL REVIEW  PURSUANT  TO  PARAGRAPH  (D)  OF  SECTION
FIFTEEN HUNDRED FOUR OF THE NOT-FOR-PROFIT CORPORATION LAW. ANY ORDER OR
DETERMINATION  OF  THE  BOARD  GRANTING THE PETITION IN WHOLE OR IN PART
MAY, AT THE DISCRETION OF THE BOARD, SPECIFY THE  MANNER  IN  WHICH  THE
PETITIONER  IS TO USE OR APPLY THE PROCEEDS OF THE SALE, TRADE OR TRANS-
FER. IN PARTICULAR, BUT NOT BY WAY OF LIMITATION, IF THE  PETITIONER  IS
AN  UNINCORPORATED  ASSOCIATION  OR  CORPORATION  THAT IS SUBJECT TO THE
PROVISIONS OF ARTICLE FIFTEEN OF THE NOT-FOR-PROFIT CORPORATION LAW, ANY
ORDER OR DETERMINATION OF THE BOARD GRANTING THE PETITION IN WHOLE OR IN
PART MAY, AT THE DISCRETION OF THE BOARD, SPECIFY THAT PETITIONER DEPOS-

S. 1504                             4

IT THE PROCEEDS OF THE SALE, TRADE OR TRANSFER IN THE PERMANENT  MAINTE-
NANCE FUND MAINTAINED BY PETITIONER PURSUANT TO PARAGRAPH (A) OF SECTION
FIFTEEN HUNDRED SEVEN OF THE NOT-FOR-PROFIT CORPORATION LAW.
  (F)  THE BOARD SHALL ADOPT SUCH REGULATIONS REGARDING PETITIONS, HEAR-
INGS AND PROCEDURES UNDER THIS SUBDIVISION AS MAY BE APPROPRIATE.
  S 2. Section 450-a of the general business law, as  added  by  chapter
478 of the laws of 1979, is amended to read as follows:
  S  450-a.  Unauthorized  sale  of  cemetery  markers and flag holders.
Except for a veterans' organization,  those  businesses  which  normally
carry  on such trade, or are authorized by veterans' organizations to do
so, it shall be unlawful for any person,  firm,  association  or  corpo-
ration  to engage in the buying or selling of metal cemetery markers and
flag holders bearing the insignia of any veterans'  organization  placed
upon  the  graves  of  veterans.  A  violation of the provisions of this
section shall constitute a violation and shall be punishable by  a  fine
of  not  more  than  five  hundred dollars or not more than fifteen days
imprisonment or both.  NOTHING IN THIS SECTION SHALL PROHIBIT THE  SALE,
TRADE  OR  TRANSFER  OF ANY METAL CEMETERY MARKER OR FLAG HOLDER BEARING
THE INSIGNIA OF ANY VETERANS' ORGANIZATION IF SUCH METAL CEMETERY MARKER
OR FLAG HOLDER  IS  VETERAN'S  COMMEMORATIVE  PROPERTY,  AS  DEFINED  IN
SECTION  FOUR  HUNDRED  FIFTY-B OF THIS ARTICLE, AND SUCH SALE, TRADE OR
TRANSFER SHALL HAVE BEEN AUTHORIZED BY THE CEMETERY BOARD IN  ACCORDANCE
WITH THE PROVISIONS OF SUCH SECTION.
  S 3. This act shall take effect on the one hundred eightieth day after
it  shall  have become a law; provided, however, that the cemetery board
in the division of cemeteries in the department of state may  promulgate
rules  and  regulations  prior  to  such effective date to implement the
provisions of this act.

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