Assembly Bill A4160

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 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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2021-A4160 (ACTIVE) - Details

See Senate Version of this Bill:
S1647
Current Committee:
Assembly Veterans' 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: A2015, S769
2011-2012: A2885, S1504
2013-2014: A3105, S284
2015-2016: A3110, S2208
2017-2018: A7168, S2390
2019-2020: A3207, S1654
2023-2024: A1823, S1128

2021-A4160 (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-A4160 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4160
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 1, 2021
                                ___________
 
 Introduced by M. of A. COLTON, NOLAN, LAVINE -- Multi-Sponsored by -- M.
   of  A.    GUNTHER,  RA  --  read once and referred to the Committee on
   Veterans' 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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