senate Bill S1759

Signed by Governor

Includes the trustees of the freeholders and commonalty of the towns of Southampton, East Hampton and Southold as municipal corporations for the purposes of section 72-h of the general municipal law

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Sponsor

Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed by Governor
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actions

  • 09 / Jan / 2013
    • REFERRED TO LOCAL GOVERNMENT
  • 05 / Feb / 2013
    • 1ST REPORT CAL.46
  • 11 / Feb / 2013
    • 2ND REPORT CAL.
  • 12 / Feb / 2013
    • ADVANCED TO THIRD READING
  • 27 / Feb / 2013
    • PASSED SENATE
  • 27 / Feb / 2013
    • DELIVERED TO ASSEMBLY
  • 27 / Feb / 2013
    • REFERRED TO LOCAL GOVERNMENTS
  • 29 / Apr / 2013
    • SUBSTITUTED FOR A1221
  • 29 / Apr / 2013
    • ORDERED TO THIRD READING CAL.190
  • 29 / Apr / 2013
    • PASSED ASSEMBLY
  • 29 / Apr / 2013
    • RETURNED TO SENATE
  • 09 / Oct / 2013
    • DELIVERED TO GOVERNOR
  • 21 / Oct / 2013
    • SIGNED CHAP.387

Summary

Includes the trustees of the freeholders and commonalty of the towns of Southampton, East Hampton and Southold as municipal corporations for the purposes of section 72-h of the general municipal law.

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Bill Details

See Assembly Version of this Bill:
A1221
Versions:
S1759
Legislative Cycle:
2013-2014
Law Section:
General Municipal
Versions Introduced in 2011-2012 Legislative Cycle:
A9808A, S6917A, A9808A

Sponsor Memo

BILL NUMBER:S1759

TITLE OF BILL: An act in relation to including the trustees of the
Freeholders and Commonalty of the town of Southampton, trustees of the
Freeholders and Commonalty of the town of East Hampton and the
trustees of the Freeholders and Commonalty of the town of Southold as
municipal corporations for the purposes of section 72-h of the general
municipal law; and providing for the repeal of certain provisions upon
expiration thereof

PURPOSE: To include the trustees of the Freeholders and Commonalty of
the Town of Southampton, the trustees of the Freeholders and
Commonalty of the Town of East Hampton and the trustees of the
Freeholders and Commonalty of the Town of Southold as municipal
corporations for the purposes of Section 72-h of the General Municipal
Law.

SUMMARY OF PROVISIONS:

Section 1. Provides that for the purposes of Section 72-h of the
General Municipal Law, the term "municipal corporation" shall include:
(a) the trustees of the Freeholders and Commonalty of the Town of
Southampton; (b) the trustees of the Freeholders and Commonalty of the
Town of East Hampton; and (c) the trustees of the Freeholders and
Commonalty of the Town of Southold. Provided that for purposes of
Section 72-h of the General Municipal Law, such trustees shall only be
authorized to acquire interest in real property that is located within
the town that such trustees represent. Real property sold,
transferred, leased, exchanged or otherwise conveyed pursuant to this
act shall not include real property which is made inalienable under
the provisions of any general, special, common, or local law or of any
charter.

Section 2. Provides that real property received by such trustees
pursuant to this act shall not be sold, transferred, leased, exchanged
or otherwise conveyed unless provided by an act of the Legislature.

Section 3. Effective immediately, provided that Section one of this
act shall expire and be deemed repealed July 31, 2015.

JUSTIFICATION: Typically, the County of Suffolk transfers land
pursuant to Section 72-h of the General Municipal Law. This section
states that land transfers only occur to municipal corporations, which
through definition are limited to county, town and village government.
While not a taxing jurisdiction, the trustees of the Freeholders and
Commonalty of the Town of Southampton, the trustees of the Freeholders
and Commonalty of the Town of East Hampton and the trustees of the
Freeholders and Commonalty of the Town of Southold are clearly a form
of local elected government and would greatly benefit from the ability
to receive land at no cost from the County to be placed under their
stewardship. This legislation would provide that for the purposes of
Section 72-h of the General Municipal Law, the term "municipal
corporation" shall include the trustees of the Freeholders and
Commonalty of the Town of Southampton, the trustees of the Freeholders
and Commonalty of the Town of East Hampton and the trustees of the
Freeholders and Commonalty of the Town of Southold.


LEGISLATIVE HISTORY: 2012 S.6917.

FISCAL IMPLICATIONS: None to the State.

EFFECTIVE DATE: This act shall take effect immediately; provided that
Section one of this act shall expire and be deemed repealed July 31,
2015.

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

    S. 1759                                                  A. 1221

                       2013-2014 Regular Sessions

                      S E N A T E - A S S E M B L Y

                               (PREFILED)

                             January 9, 2013
                               ___________

IN SENATE -- Introduced by Sen. LAVALLE -- read twice and ordered print-
  ed, and when printed to be committed to the Committee on Local Govern-
  ment

IN ASSEMBLY -- Introduced by M. of A. THIELE, LOSQUADRO -- read once and
  referred to the Committee on Local Governments

AN  ACT  in  relation  to  including the trustees of the Freeholders and
  Commonalty of the town of Southampton, trustees of the Freeholders and
  Commonalty of the town of East Hampton and the trustees of  the  Free-
  holders  and  Commonalty  of  the town of Southold as municipal corpo-
  rations for the purposes of section 72-h of the general municipal law;
  and providing for the repeal of  certain  provisions  upon  expiration
  thereof

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

  Section 1. Subject to the provisions of this act, for the purposes  of
section  72-h  of  the general municipal law, the term "municipal corpo-
ration" shall include: (a) the trustees of the Freeholders and Commonal-
ty of the town of Southampton; (b) the trustees of the  Freeholders  and
Commonalty  of  the  town  of  East Hampton; and (c) the trustees of the
Freeholders and Commonalty of the town of Southold.  Provided  that  for
purposes  of  section  72-h  of the general municipal law, such trustees
shall only be authorized to acquire interest in real  property  that  is
located  within  the  town  that  such trustees represent. Real property
sold, transferred, leased, exchanged or otherwise conveyed  pursuant  to
this act shall not include real property which is made inalienable under
the  provisions  of any general, special, common, or local law or of any
charter.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03500-01-3

S. 1759                             2                            A. 1221

  S 2. Real property received by such  trustees  pursuant  to  this  act
shall  not be sold, transferred, leased, exchanged or otherwise conveyed
unless provided by an act of the legislature.
  S 3. This act shall take effect immediately; provided that section one
of this act shall expire and be deemed repealed July 31, 2015.

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