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.
STATE OF NEW YORK
________________________________________________________________________
2328
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.
LBD02367-01-3
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.
