S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3395
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 27, 2017
                                ___________
 
 Introduced  by  M.  of A. OTIS, PAULIN, SANTABARBARA, ABINANTI -- Multi-
   Sponsored by -- M. of A. McDONALD, SIMON -- read once and referred  to
   the Committee on Veterans' Affairs
 
 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:
 
   Section 1. Subdivision 2 of section 99-w of the general municipal law,
 as  added  by  chapter  439  of  the laws of 2012, is amended to read as
 follows:
   2. Prior to any change in status of a military  monument  or  military
 memorial  erected  or constructed pursuant to sections two hundred twen-
 ty-six of the county law, eighty-one of the town  law,  seventy-two  and
 seventy-seven-a of [the general municipal law] THIS ARTICLE or where the
 military  monument  or  military  memorial  receives a real property tax
 exemption pursuant to section four  hundred  forty-four-a  of  the  real
 property  tax  law,  the  legislative  body of the municipal corporation
 where the military monument or military memorial is situated shall adopt
 a local law, by a two-thirds vote of its members, or in the  case  of  a
 school  district  or  board of cooperative educational services a resol-
 ution, by a two-thirds vote of its members, to authorize such change  in
 status.  At  least  ninety days prior to the adoption of such local law,
 the municipal corporation shall hold at least one public  hearing.  Such
 public  hearing shall be on such notice as is required by section twenty
 of the municipal home rule law. Notice of such public hearing shall also
 be posted in at least five public places, and shall  be  advertised  for
 three  consecutive days in at least one newspaper of general circulation
 in the municipal corporation, which shall be the official  newspaper  if
 one  exists,  within  fifteen days of such public hearing. The municipal
 corporation shall also post such notice on its official website, if  one
 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.
              

                                                            LBD00207-01-7

 A. 3395                             2
 
 shall also be sent by certified mail to the chief executive  officer  of
 the  municipal  corporation,  if one exists, prior to the publication of
 the notice requirements required by this subdivision. MILITARY MONUMENTS
 OR  MEMORIALS  UNDER THIS SECTION SHALL BE CONSIDERED AS PARKLAND IN THE
 MUNICIPALITY WHEREIN SUCH PROPERTY EXISTS. ANY CHANGE IN STATUS APPROVED
 BY THE LOCAL ENTITY UNDER THIS SECTION SHALL NOT  BE  ALIENATED,  DEVEL-
 OPED,  LEASED,  TRANSFERRED,  SOLD OR DISCONTINUED FOR USE AS A MEMORIAL
 SITE UNLESS SUCH ACTION IS AUTHORIZED BY AN ACT OF THE LEGISLATURE.
   § 2. This act shall take effect immediately.