What's happening
This bill classifies military monuments and memorials as parkland, requiring legislative approval for any changes to their status or use.
Why it matters
Redefines military monuments and memorials as “parkland,” granting them stronger legal protections similar to parks, which generally cannot be sold, developed, or repurposed without high-level approval.
Requires that any proposed change in the use, ownership, or status of these sites must first be approved by a two-thirds vote of the local legislative body and can only proceed further if specifically authorized by the state legislature, making removal or redevelopment much more difficult.
Mandates public notice and hearings before any such changes are even considered, ensuring greater transparency and public input in decisions that could affect military monuments or memorials.
Could significantly limit the ability of local governments or school districts to alter, move, or repurpose military monuments, memorials, or the land they occupy, reflecting an intention to preserve these sites for historical and commemorative purposes.
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Who cares
Municipal governments
The bill would classify covered military monuments and memorials as parkland and require state legislative authorization to alienate, develop, lease, transfer, sell or discontinue them as memorial sites, beyond existing local approval requirements.
Veterans and military memorial advocates
The bill would add a state legislative approval requirement before covered memorial sites could be sold, redeveloped or discontinued as memorial sites.
Developers and prospective buyers or lessees
Projects involving covered military memorial property would need authorization by an act of the Legislature, not just local approval.
State legislators
The bill would give the Legislature approval authority over specified changes involving covered military monuments and memorials.
Headline styles
Make Military Monuments Parkland
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to local government
- Referred to rules
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Protect Military Monuments as Parks
In Assembly Committee · Veterans' Affairs · Sponsor Steven Otis
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
6677
2019-2020 Regular Sessions
IN SENATE
August 30, 2019
Introduced by Sen. MAYER -- read twice and ordered printed, and when printed to be committed to the Committee on Rules
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 Assembly, 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 twenty-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 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
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01647-01-9
S. 6677 2
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, developed, 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.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the general municipal law, in relation to classifying military monuments and memorials as parkland
Purpose
To provide statutory protection for veterans' memorials on public prop- erty throughout New York State.
Summary of provisions
Section 1 amends subdivision 2 of section 99-w of the general municipal law to require that military monuments or memorials under this section shall be considered as parkland in the municipality wherein such proper- ty exists. Any change in status approved by the local entity under this section shall not be alienated, developed, leased, transferred, sold or discontinued for use as a memorial site unless such action is authorized by an act of the legislature.
Section 2 states that this law shall take effect immediately.
Justification
This legislation designates veterans memorials on publicly owned proper- ty as parkland and affords such property the protection of existing state procedures related to the alienation of parkland when such changes are considered. Currently, there are not adequate protections in law to protect veterans' memorials. This legislation will protect veterans' memorials to insure that the valuable purpose veterans memorials serve in our society will not be diminished.
Veterans monuments are deserving of additional protection. President Franklin Roosevelt held that view in 1933 when signed an executive order to bring historic battlefields and monuments under the control of the National Park Service. Included was the Saratoga Battlefield in Stillwa- ter.
By requiring the parkland alienation process for military monuments and memorials we will be providing appropriate protection and oversight before changes in the status of these sites can be approved.
Legislative history
A10168 (Otis) 2015-16 referred to veterans' affairs A3395 (Otis) 2017-18 referred to veterans' affairs
Fiscal implications
None.
Effective date
This act shall take effect immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.