Bill Text: NY S02328 | 2023-2024 | General Assembly | Amended


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: (Introduced) 2023-06-08 - SUBSTITUTED BY A2793A [S02328 Detail]

Download: New_York-2023-S02328-Amended.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                         2328--A

                               2023-2024 Regular Sessions

                    IN SENATE

                                    January 19, 2023
                                       ___________

        Introduced  by  Sens.  MAYER, SKOUFIS -- read twice and ordered printed,
          and when printed to be committed to the Committee on Local  Government
          --  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

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02367-03-3

        S. 2328--A                          2

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