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BILL NUMBER:S7256A

TITLE OF BILL: An act to amend the general municipal law, in relation to the acquisition of land for the erection of monuments

PURPOSE: To provide statutory protection for veterans' memorials on public property throughout New York State.

SUMMARY OF PROVISIONS: Section 1 provides that public property which has been designated by any state or local governing body as a "veterans' memorial," and used for locating a memorial to the veterans of any war or conflict engaged in by the united States, shall not be alienated, developed, leased, transferred, sold or discontinued for use as a memorial site without approval by the state legislature. A "local governing body" is defined as the legislative body of a village, town or city outside the city of New York, or a county within the city of New York, and a "state governing body" is defined as the New York State legislature.

Section 2 provides the effective date, which is immediate.

JUSTIFICATION: Currently, there are not adequate protections in the law for veterans' memorials. This legislation provides that when a state or local governing body chooses to designate a "veterans' memorial" on publicly owned property, the memorial site will receive significant resulting protections. By prohibiting haphazard destruction of, or alteration to, such property, this legislation will ensure greater consistency in honoring the sacrifices of our veterans. This legislation also benefits our youth and future generations by reinforcing deeply held lessons and ideals regarding our national history and continuing shared values of freedom and democracy.

LEGISLATIVE HISTORY: New bill.

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: Immediately.

Text

STATE OF NEW YORK
________________________________________________________________________

7256--A

IN SENATE

May 2, 2012
___________

Introduced  by  Sens.  McDONALD,  OPPENHEIMER  -- read twice and ordered
  printed, and when printed to be committed to the Committee  on  Veter-
  ans,  Homeland  Security and Military 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 the acquisi-
  tion of land for the erection of monuments

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.    The  general  municipal  law is amended by adding a new
section 99-w to read as follows:
  S 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 INCLUD-
ING BUT NOT LIMITED TO OPERATION ENDURING FREEDOM; OPERATION IRAQI FREE-
DOM 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 COMMEM-
ORATE 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05839-12-2
S. 7256--A                          2

  (F) "LEGISLATIVE BODY" MEANS THE BOARD OF SUPERVISORS, BOARD OF ALDER-
MEN, COMMON COUNCIL, COUNCIL, COMMISSION, TOWN BOARD, BOARD OF  TRUSTEES
OR OTHER ELECTIVE GOVERNING BOARD OR BODY OF A MUNICIPALITY NOW OR HERE-
AFTER 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  TWEN-
TY-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 MONU-
MENT OR MILITARY MEMORIAL RECEIVES A REAL PROPERTY TAX EXEMPTION  PURSU-
ANT  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.
  S 2. This act shall take effect immediately.