S T A T E   O F   N E W   Y O R K
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                                  6494

                            I N  S E N A T E

                            February 16, 2012
                               ___________

Introduced  by  Sens.  MARTINS,  OPPENHEIMER  --  read twice and ordered
  printed, and when printed to be committed to the  Committee  on  Local
  Government

AN  ACT  to  amend  the  general  municipal law, in relation to parkland
  protection

  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 arti-
cle 19-C to read as follows:
                              ARTICLE 19-C
                           PARKLAND PROTECTION
SECTION 995. PRESERVATION OF PARKLAND BY PETITION AND REFERENDUM.
  S 995. PRESERVATION OF PARKLAND BY PETITION AND REFERENDUM.    A.  THE
RESIDENTS OF ANY TOWN, CITY, VILLAGE OR COUNTY, MAY CIRCULATE A PETITION
TO  PROVIDE  FOR  THE  DEDICATION OF A PARCEL OF PROPERTY LOCATED WITHIN
SUCH TOWN, CITY, VILLAGE OR COUNTY  AS  PARKLAND.  SUCH  PETITION  SHALL
PROVIDE  AN  EXACT  LEGAL  DESCRIPTION  OF  THE PROPERTY, WHICH SHALL BE
EITHER PROPERTY OWNED BY THE TOWN, CITY, VILLAGE OR COUNTY, OR  PROPERTY
OWNED  BY  A PERSON OR CORPORATION WHERE THE OWNER OR AUTHORIZED OFFICER
OF WHICH HAS MADE A SWORN AUTHORIZATION CONSENTING TO HAVE  SUCH  PARCEL
OF  PROPERTY CONVERTED EXCLUSIVELY AND PERMANENTLY TO PARKLAND PURPOSES.
THE COMPLETE LEGAL DESCRIPTION OF SUCH PARCEL, WHICH SHALL BE DESIGNATED
ON THE PETITION AS "LEGAL DESCRIPTION OF PARKLAND TO BE PRESERVED" SHALL
BE PRINTED ON THE PETITION UNDER THE TITLE: "PETITION  FOR  PRESERVATION
OF PARKLAND BY PRESERVATION OF PARKLAND BY REFERENDUM."
  B. IF THE PARCEL THAT IS SUBJECT OF THE PETITION IS OWNED BY:
  1.  THE  TOWN,  THEN THE PETITION MUST BE CIRCULATED IN THE TOWN, WITH
ONLY ENROLLED VOTERS OF THE TOWN BEING ELIGIBLE TO SIGN THE PETITION;
  2. THE CITY, THEN THE PETITION MUST BE CIRCULATED IN  THE  CITY,  WITH
ONLY ENROLLED VOTERS OF THE CITY BEING ELIGIBLE TO SIGN THE PETITION;
  3.  THE  VILLAGE, THEN THE PETITION MUST BE CIRCULATED IN THE VILLAGE,
WITH ONLY ENROLLED VOTERS OF THE VILLAGE  BEING  ELIGIBLE  TO  SIGN  THE
PETITION;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14221-02-2
              

S. 6494                             2

  4.  THE  COUNTY,  THEN  THE PETITION MUST BE CIRCULATED IN THE COUNTY,
WITH ONLY ENROLLED VOTERS OF THE COUNTY BEING ABLE TO SIGN THE PETITION;
OR
  5.  A  PERSON OR CORPORATION, WHERE THE OWNER OR AUTHORIZED OFFICER OF
WHICH HAS MADE A SWORN AUTHORIZATION CONSENTING TO HAVE SUCH  PARCEL  OF
PROPERTY  CONVERTED  EXCLUSIVELY  AND  PERMANENTLY  TO  USE FOR PARKLAND
PURPOSES, THEN THE PETITION MAY BE CIRCULATED IN THE TOWN, CITY, VILLAGE
OR COUNTY IN WHICH THE PARCEL IS LOCATED, AT THE SELECTION OF THE  PETI-
TIONERS,  WITH ONLY ENROLLED VOTERS OF SUCH SELECTED TOWN, CITY, VILLAGE
OR COUNTY BEING ELIGIBLE TO SIGN THE PETITION.
  C. FOR A PETITION UNDER THIS SECTION TO BE VALID, IT MUST CONTAIN  THE
NAMES  AND  ADDRESSES  OF  THREE  PERSONS  WHO HAVE AGREED TO SERVE AS A
COMMITTEE TO RECEIVE NOTICES.
  D. UPON THE CONCLUSION OF THE CIRCULATION OF SUCH  PETITION  DESCRIBED
IN  SUBDIVISION  A  OF  THIS SECTION, THE PETITION MAY BE FILED WITH THE
COUNTY OR CITY BOARD OF ELECTIONS IN WHICH THE  PARCEL  OF  PARKLAND  IS
LOCATED.   SUCH PETITION MUST CONTAIN SIGNATURES OF REGISTERED VOTERS OF
SUCH TOWN, CITY, VILLAGE OR COUNTY IN WHICH IT  WAS  CIRCULATED,  IN  AN
AMOUNT OF:
  1.  NOT  LESS THAN FIVE PERCENT OF THE TOTAL NUMBER OF ENROLLED VOTERS
OF THE TOWN, IF THE PETITION WAS CIRCULATED IN A TOWN, OR  ONE  THOUSAND
ENROLLED VOTERS OF THE TOWN, WHICHEVER IS LESS;
  2.  NOT  LESS THAN FIVE PERCENT OF THE TOTAL NUMBER OF ENROLLED VOTERS
OF THE CITY, IF THE PETITION WAS CIRCULATED IN A CITY, OR  ONE  THOUSAND
ENROLLED VOTERS OF THE CITY, WHICHEVER IS LESS, UNLESS THE CITY CONTAINS
A POPULATION OF ONE MILLION OR MORE PEOPLE;
  3.  NOT  LESS THAN FIVE PERCENT OF THE TOTAL NUMBER OF ENROLLED VOTERS
OF THE CITY, IF THE PETITION WAS CIRCULATED IN A CITY, OR FIVE  THOUSAND
ENROLLED  VOTERS  OF THE CITY, WHICHEVER IS LESS, IF THE CITY CONTAINS A
POPULATION OF ONE MILLION OR MORE PEOPLE;
  4. NOT LESS THAN FIVE PERCENT OF THE TOTAL NUMBER OF  ENROLLED  VOTERS
OF  THE  VILLAGE,  IF  THE PETITION WAS CIRCULATED IN A VILLAGE, OR FIVE
HUNDRED ENROLLED VOTERS OF THE VILLAGE, WHICHEVER IS LESS;
  5. NOT LESS THAN FIVE PERCENT OF THE TOTAL NUMBER OF  ENROLLED  VOTERS
OF  THE  COUNTY,  IF THE PETITION WAS CIRCULATED IN A COUNTY, OR FIFTEEN
HUNDRED ENROLLED VOTERS OF THE COUNTY, WHICHEVER  IS  LESS,  UNLESS  THE
COUNTY IS WHOLLY CONTAINED WITHIN A CITY; AND
  6.  NOT  LESS THAN FIVE PERCENT OF THE TOTAL NUMBER OF ENROLLED VOTERS
OF THE COUNTY, IF THE PETITION WAS CIRCULATED  IN  A  COUNTY,  OR  THREE
THOUSAND ENROLLED VOTERS OF THE COUNTY, WHICHEVER IS LESS, IF THE COUNTY
IS WHOLLY CONTAINED WITHIN A CITY.
  E.    FOR THE PETITION TO BE VALID IT MUST CONTAIN A SUFFICIENT NUMBER
OF SIGNATURES, AS SET FORTH IN PARAGRAPH D OF  THIS  SECTION,  COLLECTED
WITHIN  ONE  HUNDRED  TWENTY DAYS OF THE EARLIEST DATE OF A SIGNATURE ON
THE PETITION SO FILED. IF THE  PETITION  HAS  A  SIGNIFICANT  NUMBER  OF
SIGNATURES,  THEN THE BOARD OF ELECTIONS SHALL PLACE A REFERENDUM ON THE
BALLOT, AT THE NEXT GENERAL ELECTION AT WHICH CANDIDATES APPEAR,  ASKING
THE  VOTERS WHETHER THE PARCEL WHICH IS SUBJECT OF THE PETITION SHALL BE
DEDICATED AS PARKLAND. IN THE REFERENDUM THE  BOARD  SHALL  INCLUDE  THE
LEGAL  DESCRIPTION  OF  THE  PROPERTY CONTAINED IN THE PETITION.  IF THE
PETITION IS FILED WITH THE BOARD OF ELECTIONS AFTER THE TWENTIETH DAY IN
SEPTEMBER BUT BEFORE THE THIRTY-FIRST OF DECEMBER,  THEN  THE  BOARD  OF
ELECTIONS  SHALL  PLACE  THE  REFERENDUM  ON  THE  BALLOT AT THE GENERAL
ELECTION AT WHICH CANDIDATES APPEAR OF THE FOLLOWING YEAR. THE  REFEREN-
DUM  SHALL  APPEAR ON THE BALLOT OF THE TOWN, CITY, VILLAGE OR COUNTY IN
WHICH IT WAS CIRCULATED.

S. 6494                             3

  F. UPON THE CERTIFICATION OF THE ELECTION BY THE BOARD  OF  ELECTIONS,
IF  THE  BOARD  OF  ELECTIONS  DETERMINES THAT THE ELECTORS OF THE TOWN,
CITY, VILLAGE OR COUNTY, HAVE VOTED IN FAVOR OF DEDICATING  SUCH  PARCEL
AS  PARKLAND,  THEN  THE  COMMISSIONERS  OF THE BOARD OF ELECTIONS SHALL
NOTIFY  THE CLERK OF SUCH DEDICATION OF SUCH PARCEL AS PARKLAND WITH THE
RECORDS OF THE TOWN, CITY, VILLAGE OR  COUNTY,  AND  SUCH  PARCEL  SHALL
THEREAFTER BE DETERMINED TO BE DEDICATED AS PARKLAND CONSISTENT WITH THE
PUBLIC TRUST DOCTRINE OF THE CONSTITUTION OF THE STATE OF NEW YORK.
  G.  ANY PARKLAND DEDICATED BY MEANS OF A PETITION AND REFERENDUM UNDER
THIS SECTION MAY BE ALIENABLE PURSUANT TO AN ACT OF THE  STATE  LEGISLA-
TURE AS CONSISTENT WITH THE PUBLIC TRUST DOCTRINE OF THE CONSTITUTION OF
THE STATE OF NEW YORK.
  S 2. This act shall take effect on the one hundred twentieth day after
it shall have become a law.