senate Bill S5314

Amended

Requires the commissioner of general services to maintain an inventory and audit of every state-owned real property or unappropriated state land that has been sold

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Sponsor

Bill Status


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

  • 16 / May / 2013
    • REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS
  • 21 / May / 2013
    • 1ST REPORT CAL.671
  • 22 / May / 2013
    • 2ND REPORT CAL.
  • 23 / May / 2013
    • ADVANCED TO THIRD READING
  • 29 / May / 2013
    • PASSED SENATE
  • 29 / May / 2013
    • DELIVERED TO ASSEMBLY
  • 29 / May / 2013
    • REFERRED TO WAYS AND MEANS
  • 07 / Jun / 2013
    • RECALLED FROM ASSEMBLY
  • 07 / Jun / 2013
    • RETURNED TO SENATE
  • 10 / Jun / 2013
    • VOTE RECONSIDERED - RESTORED TO THIRD READING
  • 10 / Jun / 2013
    • AMENDED ON THIRD READING 5314A
  • 17 / Jun / 2013
    • SUBSTITUTED BY A5172B

Summary

Requires the commissioner of general services to maintain an inventory and audit of every state-owned real property or unappropriated state land that has been sold, transferred, conveyed or exchanged and contain a reverter clause pursuant to the public lands law or the unconsolidated laws.

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Bill Details

Versions:
S5314
S5314A
Legislative Cycle:
2013-2014
Law Section:
Public Lands Law
Laws Affected:
Amd ยง2, Pub Lds L

Sponsor Memo

BILL NUMBER:S5314

TITLE OF BILL: An act to amend the public lands law, in relation to
the inventory of unappropriated state land sales

PURPOSE OR GENERAL IDEA OF BILL: The purpose of this bill is to create
an auditing system to track the disposition of state-owned and
un-appropriated state land. This bill would require the Commissioner
of General Services establish and maintain an inventory of all
state-owned real property and un-appropriated state land that has been
sold, transferred, conveyed or exchanged and contain a reverter clause
pursuant to the Public Lands Law or Unconsolidated Law.

JUSTIFICATION: The State has a limited supply of state-owned real
property and unappropriated state land. Article 2 and 3 of the Public
Lands Law provides for a structure in which State real property and
un-appropriated State land may be sold, transferred, conveyed and
exchanged. In addition, provisions of the Unconsolidated Law permit
certain state land to be sold, transferred, conveyed and exchanged.

Section 34 of the Public Lands Law and many chapters of the
Unconsolidated Laws require conveyed, exchanged, sold or transferred
land to be used for a specific public purpose. If the land is not used
for the designated purpose, the land title reverts back to the State.
There is no mechanism is in place to track if such land is being used
for the designated public purpose. This presents an avenue for misuse
of the land.

By requiring the Office of General Services to track and audit the
land transfers permitted by the Public Lands Law and Unconsolidated
Law, the State would be ensured that the conveyed land is being used
for the designated purpose. If the land is not being used, it would
revert back to the State.

PRIOR LEGISLATIVE HISTORY: 2011-12: S. 7817 Rules/No Same As 2009-10:
S.3563 Investigations and Government Operations/A. 1203 Passed
Assembly

FISCAL IMPLICATIONS: Minimal. Some costs would be associated with
establishing a registry and auditing each property every three years.

LOCAL FISCAL IMPLICATIONS: None

EFFECTIVE DATE: This act shall take effect immediately and applies
only to lands sold or transferred after that date.

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

                                  5314

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              May 16, 2013
                               ___________

Introduced  by  Sen.  MARCELLINO  -- read twice and ordered printed, and
  when printed to be committed to the Committee  on  Investigations  and
  Government Operations

AN  ACT  to  amend the public lands law, in relation to the inventory of
  unappropriated state land sales

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

  Section  1. The opening paragraph of subdivision 2 of section 2 of the
public lands law is designated paragraph a and  a  new  paragraph  b  is
added to read as follows:
  B.  THE COMMISSIONER OF GENERAL SERVICES SHALL ESTABLISH, MAINTAIN AND
HAVE THE CUSTODY OF AN INVENTORY OF ALL STATE-OWNED  REAL  PROPERTY  AND
UNAPPROPRIATED  STATE  LAND THAT HAS BEEN SOLD, TRANSFERRED, CONVEYED OR
EXCHANGED WHICH CONTAIN A REVERTER CLAUSE, PURSUANT TO ARTICLE THREE  OF
THIS  CHAPTER  AND  PURSUANT  TO  ANY LAND SALE, TRANSFER, CONVEYANCE OR
EXCHANGE WHICH CONTAIN A REVERTER CLAUSE, PROVIDED FOR IN THE  UNCONSOL-
IDATED  LAWS  OF  NEW YORK STATE. THE COMMISSIONER SHALL AUDIT EACH LAND
SALE, TRANSFER, CONVEYANCE OR EXCHANGE WHICH CONTAIN A REVERTER  CLAUSE,
TO  ENSURE EACH TRANSACTION HAS MET THE REQUIREMENTS OF ARTICLE THREE OF
THIS CHAPTER OR AS PROVIDED IN THE UNCONSOLIDATED LAW, WITHIN  ONE  YEAR
OF  THE  EFFECTIVE  DATE  OF  THIS  PARAGRAPH. EACH TRANSACTION SHALL BE
AUDITED EVERY THREE YEARS  THEREAFTER.  THE  COMMISSIONER  SHALL  REPORT
WITHIN  ONE YEAR AFTER THE EFFECTIVE DATE OF THIS PARAGRAPH AND ANNUALLY
THEREAFTER TO THE GOVERNOR AND LEGISLATURE A COPY OF THE INVENTORY,  THE
AUDIT  STATUS  OF  EACH  PARCEL  OF STATE LAND IN THE INVENTORY, AND THE
AUDIT FINDING OF EACH PARCEL OF STATE LAND IN THE INVENTORY.
  S 2. This act shall take effect immediately and  shall  apply  to  any
lands sold, transferred, conveyed or exchanged after the effective date.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09170-03-3

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