Senate Bill S1647

2021-2022 Legislative Session

Prohibits the unauthorized sale of veterans' commemorative property by cemeteries

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Veterans, Homeland Security And Military Affairs 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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2021-S1647 (ACTIVE) - Details

See Assembly Version of this Bill:
A4160
Current Committee:
Senate Veterans, Homeland Security And Military Affairs
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
2017-2018: S2390, A7168
2019-2020: S1654, A3207
2023-2024: S1128, A1823

2021-S1647 (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.

2021-S1647 (ACTIVE) - Sponsor Memo

2021-S1647 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1647
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 14, 2021
                                ___________
 
 Introduced  by  Sens.  SKOUFIS,  ADDABBO, BIAGGI, FELDER, THOMAS -- 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.
                                                            LBD05672-01-1
              

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