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S02328 Summary:

Amd §99-w, Gen Muni L
Classifies military monuments and memorials as parkland; provides that no such monument or memorial shall be alienated, developed, leased, transferred, sold or discontinued for use as a memorial site without the approval of the legislature.
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S02328 Actions:

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S02328 Text:

                STATE OF NEW YORK
                               2023-2024 Regular Sessions
                    IN SENATE
                                    January 19, 2023
        Introduced  by  Sen.  MAYER  -- read twice and ordered printed, and when
          printed to be committed to the Committee on Local Government
        AN ACT to amend the general municipal law, in  relation  to  classifying
          military monuments and memorials as parkland
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Subdivision 2 of section 99-w of the general municipal law,
     2  as added by chapter 439 of the laws of  2012,  is  amended  to  read  as
     3  follows:
     4    2.  Prior  to  any change in status of a military monument or military
     5  memorial erected or constructed pursuant to sections two  hundred  twen-
     6  ty-six  of  the  county law, eighty-one of the town law, seventy-two and
     7  seventy-seven-a of [the general municipal law] this article or where the
     8  military monument or military memorial  receives  a  real  property  tax
     9  exemption  pursuant  to  section  four  hundred forty-four-a of the real
    10  property tax law, the legislative  body  of  the  municipal  corporation
    11  where the military monument or military memorial is situated shall adopt
    12  a  local  law,  by a two-thirds vote of its members, or in the case of a
    13  school district or board of cooperative educational  services  a  resol-
    14  ution,  by a two-thirds vote of its members, to authorize such change in
    15  status. At least ninety days prior to the adoption of  such  local  law,
    16  the  municipal  corporation shall hold at least one public hearing. Such
    17  public hearing shall be on such notice as is required by section  twenty
    18  of the municipal home rule law. Notice of such public hearing shall also
    19  be  posted  in  at least five public places, and shall be advertised for
    20  three consecutive days in at least one newspaper of general  circulation
    21  in  the  municipal corporation, which shall be the official newspaper if
    22  one exists, within fifteen days of such public  hearing.  The  municipal
    23  corporation  shall also post such notice on its official website, if one
    24  exists, for at least fifteen days prior to such hearing. Written  notice
    25  shall  also  be sent by certified mail to the chief executive officer of
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.

        S. 2328                             2
     1  the municipal corporation, if one exists, prior to  the  publication  of
     2  the notice requirements required by this subdivision. Military monuments
     3  or  memorials  under this section shall be considered as parkland in the
     4  municipality wherein such property exists. Any change in status approved
     5  by  the  local  entity under this section shall not be alienated, devel-
     6  oped, leased, transferred, sold or discontinued for use  as  a  memorial
     7  site unless such action is authorized by an act of the legislature.
     8    § 2. This act shall take effect immediately.
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