Senate Bill S5167

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

                                  5167

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             April 27, 2009
                               ___________

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

AN ACT to amend the legislative law, the municipal home rule law and the
  statute of local governments, in relation to the alienation of  public
  parkland

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

  Section 1. The legislative law is amended by adding a new section 52-a
to read as follows:
  S 52-A. REQUIREMENTS FOR LEGISLATION TO ALIENATE PUBLIC  PARKLAND.  1.
HOME-RULE  MESSAGE  IN ALIENATION OF PUBLIC PARKLAND BILLS. A BILL WHICH
ENACTS OR AMENDS ANY PROVISION OF LAW  RELATING  TO  THE  ALIENATION  OF
PUBLIC  PARKLAND  OF  THE  STATE  OF NEW YORK OR OF ANY OF ITS POLITICAL
SUBDIVISIONS SHALL CONTAIN A HOME-RULE MESSAGE. SUCH  HOME-RULE  MESSAGE
SHALL BE ADOPTED ONLY AFTER A MANDATED REVIEW OF SIXTY DAYS BY THE LOCAL
COMMUNITY BOARD.
  2.  REPLACEMENT  OF PUBLIC PARKLAND. A BILL WHICH ENACTS OR AMENDS ANY
PROVISION OF LAW RELATING TO THE ALIENATION OF PUBLIC  PARKLAND  OF  THE
STATE  OF  NEW YORK OR ANY OF ITS POLITICAL SUBDIVISIONS SHALL CONTAIN A
GENERAL CONFIGURATION AND FUNCTION FOR REPLACEMENT OF SUCH PARKLAND BY A
PARK OR PLAYGROUND THAT IS GEOGRAPHICALLY CLOSE TO SUCH ALIENATED  PARK-
LAND.
  3.  GRANTING  PRIVATE  ENTITIES USE OF PUBLIC PARKLAND. WHEN A MUNICI-
PALITY GRANTS A PRIVATE ENTITY THE RIGHT TO USE OR OPERATE PUBLIC  PARK-
LAND  WITHIN  THE  STATE OF NEW YORK OR OF ANY OF ITS POLITICAL SUBDIVI-
SIONS, THERE SHALL BE A CLEAR  STATEMENT  AS  TO  WHETHER  THE  TYPE  OF
PRIVATIZATION  AGREEMENT CREATED IS A LEASE, A FRANCHISE, OR A REVOCABLE
PERMIT.
  4. THE PROVISIONS OF THIS SECTION SHALL ONLY APPLY  TO  MUNICIPALITIES
WITH A POPULATION OF ONE MILLION OR MORE.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01463-01-9
              

S. 5167                             2

  S 2. The municipal home rule law is amended by adding a new section 12
to read as follows:
  S  12.  LEGISLATIVE  ACTION TO ALIENATE PARKLAND; REQUIREMENTS.  WHERE
CERTAIN PARKLAND IS IMPRESSED WITH A PUBLIC TRUST, THEREBY NECESSITATING
STATE LEGISLATIVE ACTION TO ALIENATE SUCH REAL PROPERTY, PRIOR  TO  SUCH
LEGISLATIVE  ACTION,  THE  REQUIREMENTS  OF  SECTION  FIFTY-TWO-A OF THE
LEGISLATIVE LAW SHALL APPLY.
  S 3. The statute of local governments  is  amended  by  adding  a  new
section 11-a to read as follows:
  S  11-A. LEGISLATIVE ACTION TO ALIENATE PARKLAND; REQUIREMENTS.  WHERE
CERTAIN PARKLAND IS IMPRESSED WITH A PUBLIC TRUST, THEREBY NECESSITATING
STATE LEGISLATIVE ACTION TO ALIENATE SUCH REAL PROPERTY, PRIOR  TO  SUCH
LEGISLATIVE  ACTION,  THE  REQUIREMENTS  OF  SECTION  FIFTY-TWO-A OF THE
LEGISLATIVE LAW SHALL APPLY.
  S 4. This act shall take effect immediately.