S T A T E   O F   N E W   Y O R K
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                                   7168
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              April 12, 2017
                                ___________
 
 Introduced by M. of A. COLTON, NOLAN, SKOUFIS, LAVINE -- Multi-Sponsored
   by  -- M. of A. GUNTHER, RAIA -- read once and referred to the Commit-
   tee 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.
                                                            LBD03983-01-7
              

 A. 7168                             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

 A. 7168                             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-

 A. 7168                             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.
   § 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:
   §  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.
   § 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
 of the division of cemeteries of the department of state may  promulgate
 rules  and  regulations  prior  to  such effective date to implement the
 provisions of this act on such date.