§ 99-w. Land for monument erection. 1. The following terms whenever
used or referred to in this section shall have the following meanings
unless a different meaning clearly appears in the context:

(a) "military action or period of war" means the American Revolution;
American Civil War; Spanish-American War; the Mexican border period;
World War I; World War II; the hostilities known as the Korean War; the
hostilities known as the Vietnam War; the Persian Gulf conflict
including but not limited to Operation Enduring Freedom; Operation Iraqi
Freedom and Operation New Dawn; and military operations other than war:
Panama; Bosnia; Somalia and Haiti;

(b) "military monument" means any structure or part of any structure
that was erected or later dedicated with the intent to honor a current
or former member or members of the armed forces or to mark or
commemorate a military action, battle or period of war, including but
not limited to, a tablet, plaque, wall, building, or structure;

(c) "military memorial" means a park, field, grove of trees, land or
artwork surrounding a military monument;

(d) "change in status" means a military monument or military memorial
that will be alienated, leased, transferred, sold, moved or discontinued
for use as a memorial site;

(e) "municipal corporation" means a county, city, town, village,
school district or board of cooperative educational services; and

(f) "legislative body" means the board of supervisors, board of
aldermen, common council, council, commission, town board, board of
trustees or other elective governing board or body of a municipality now
or hereafter vested by state statute, charter or other law with
jurisdiction to initiate and adopt local laws and ordinances, whether or
not such local laws or ordinances require approval of the elective chief
executive officer or other official or body to become effective;
provided however, in the case of a school district shall mean the board
of education, board of trustees or sole trustee, as the case may be; and
provided further, in the case of a board of cooperative educational
services shall mean the elected members of the board of cooperative
educational services.

2. Prior to any change in status of a military monument or military
memorial erected or constructed pursuant to sections two hundred
twenty-six of the county law, eighty-one of the town law, seventy-two
and seventy-seven-a of the general municipal law 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 resolution, 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
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.