Assembly Bill A10168

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  10168

                          I N  A S S E M B L Y

                              May 13, 2016
                               ___________

Introduced  by M. of A. OTIS -- Multi-Sponsored by -- M. of A. PAULIN --
  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
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

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

                                                           LBD14808-02-6

A. 10168                            2

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.
  S 2. This act shall take effect immediately.