senate Bill S2390

2017-2018 Legislative Session

Prohibits the unauthorized sale of veterans' commemorative property by cemeteries

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Sponsored By

Current 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

view actions (16)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Mar 05, 2018 referred to veterans' affairs
delivered to assembly
passed senate
Feb 28, 2018 advanced to third reading
Feb 27, 2018 2nd report cal.
Feb 13, 2018 1st report cal.512
Jan 03, 2018 referred to veterans, homeland security and military affairs
returned to senate
died in assembly
Mar 30, 2017 referred to veterans' affairs
delivered to assembly
passed senate
Mar 08, 2017 advanced to third reading
Mar 07, 2017 2nd report cal.
Mar 06, 2017 1st report cal.307
Jan 13, 2017 referred to veterans, homeland security and military affairs

Votes

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Feb 12, 2018 - Veterans, Homeland Security and Military Affairs committee Vote

S2390
13
0
committee
13
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 12, 2018

Mar 6, 2017 - Veterans, Homeland Security and Military Affairs committee Vote

S2390
13
0
committee
13
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: Mar 6, 2017

Co-Sponsors

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S2390 - Details

See Assembly Version of this Bill:
A7168
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
2013-2014: S284, A3105
2015-2016: S2208, A3110

S2390 - 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.

S2390 - Sponsor Memo

S2390 - Bill Text download pdf


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

                                  2390

                       2017-2018 Regular Sessions

                            I N  S E N A T E

                            January 13, 2017
                               ___________

Introduced  by Sens. LARKIN, ADDABBO, AKSHAR, AVELLA, BONACIC, CARLUCCI,
  CROCI, DeFRANCISCO, GALLIVAN, ORTT, RITCHIE, VALESKY -- read twice and
  ordered printed, and when printed to be committed to the Committee  on
  Veterans, Homeland 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:
  §  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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