Bill Text: NY A02793 | 2023-2024 | General Assembly | Amended

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Bill Title: Classifies military monuments and memorials as parkland; provides military monuments or memorials erected or constructed on property of a municipal corporation shall require authorization by an act of the legislature prior to any change in status including alienation, development, leasing, transfer, sale or discontinuance.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Vetoed) 2023-12-08 - tabled [A02793 Detail]

Download: New_York-2023-A02793-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         2793--A

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                    January 27, 2023
                                       ___________

        Introduced  by  M. of A. OTIS -- read once and referred to the Committee
          on Veterans' Affairs -- committee discharged,  bill  amended,  ordered
          reprinted as amended and recommitted to said committee

        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

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02367-02-3
        A. 2793--A                          2

     1  shall also be sent by certified mail to the chief executive  officer  of
     2  the  municipal  corporation,  if one exists, prior to the publication of
     3  the notice requirements required by this subdivision. Military monuments
     4  or  memorials  erected  or  constructed pursuant to sections two hundred
     5  twenty-six of the county law, eighty-one of the  town  law,  seventy-two
     6  and  seventy-a  of  this  article on property of a municipal corporation
     7  shall require authorization by an act of the legislature  prior  to  any
     8  change  in  status including alienation, development, leasing, transfer,
     9  sale or discontinuance.
    10    § 2. This act shall take effect immediately.