senate Bill S1916A

2011-2012 Legislative Session

Provides for a review process of proposals to alienate municipal parkland

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Archive: Last Bill Status - In Committee


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 27, 2012 print number 1916a
amend and recommit to cultural affairs, tourism, parks and recreation
Jan 04, 2012 referred to cultural affairs, tourism, parks and recreation
Jan 14, 2011 referred to cultural affairs, tourism, parks and recreation

Bill Amendments

Original
A (Active)
Original
A (Active)

Co-Sponsors

S1916 - Details

Current Committee:
Law Section:
Parks, Recreation and Historic Preservation Law
Laws Affected:
Add Art 16 §§16.01 - 16.15, Pks & Rec L
Versions Introduced in 2009-2010 Legislative Session:
S7128A

S1916 - Summary

Provides for a review process of proposals to alienate municipal parkland.

S1916 - Sponsor Memo

S1916 - Bill Text download pdf

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

                                  1916

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            January 14, 2011
                               ___________

Introduced  by  Sens. SERRANO, PARKER -- read twice and ordered printed,
  and when printed to be committed to the Committee on Cultural Affairs,
  Tourism, Parks and Recreation

AN ACT to amend the parks, recreation and historic preservation law,  in
  relation  to  providing  for a review process of proposals to alienate
  municipal parkland

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

  Section  1.  The  parks,  recreation  and historic preservation law is
amended by adding a new article 16 to read as follows:
                               ARTICLE 16
                      MUNICIPAL PARKLAND ALIENATION
SECTION 16.01 DECLARATION OF POLICY.
        16.03 DEFINITIONS.
        16.05 MUNICIPAL PARKLAND ALIENATION.
        16.07 PARKLAND ALIENATION PROPOSAL REVIEW.
        16.09 PARKLAND ALIENATION REPORTING.
        16.11 PARKLAND ALIENATION ENFORCEMENT.
        16.13 STATE AUDITS.
        16.15 PUBLIC TRUST DOCTRINE NOT AFFECTED.
  S 16.01 DECLARATION OF POLICY. THE LEGISLATURE FINDS AND DECLARES THAT
MUNICIPALLY OWNED PARKLAND ENHANCES THE QUALITY OF LIFE, COMMUNITY CHAR-
ACTER, AND ECONOMIC VITALITY OF LOCAL COMMUNITIES AND  PROVIDES  HEALTHY
AND  AFFORDABLE  RECREATIONAL  AND EDUCATIONAL OPPORTUNITIES TO NEW YORK
STATE RESIDENTS AND VISITORS.  ONCE LOST, MUNICIPAL PARKLAND  IS  DIFFI-
CULT  TO  RECOVER.  ACCORDINGLY,  THE  DISCONTINUATION  OR ALIENATION OF
MUNICIPAL PARKLAND SHOULD BE ACCOMPANIED BY REPLACEMENT WITH  COMPARABLE
PARKLAND TO BE AVAILABLE TO THE COMMUNITY AND RESIDENTS OF THE STATE.
  NEW  YORK  STATE  COURTS  HAVE  LONG  HELD  THAT MUNICIPAL PARKLAND IS
SUBJECT TO A "PUBLIC TRUST" FOR THE BENEFIT OF THE PUBLIC. FOR MORE THAN
A CENTURY, NEW YORK STATE COURTS HAVE UPHELD THE REQUIREMENT THAT MUNIC-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00293-01-1

Co-Sponsors

S1916A (ACTIVE) - Details

Current Committee:
Law Section:
Parks, Recreation and Historic Preservation Law
Laws Affected:
Add Art 16 §§16.01 - 16.15, Pks & Rec L
Versions Introduced in 2009-2010 Legislative Session:
S7128A

S1916A (ACTIVE) - Summary

Provides for a review process of proposals to alienate municipal parkland.

S1916A (ACTIVE) - Sponsor Memo

S1916A (ACTIVE) - Bill Text download pdf

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

                                 1916--A

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            January 14, 2011
                               ___________

Introduced  by  Sens. SERRANO, PARKER -- read twice and ordered printed,
  and when printed to be committed to the Committee on Cultural Affairs,
  Tourism, Parks and Recreation  --  recommitted  to  the  Committee  on
  Cultural  Affairs,  Tourism,  Parks  and Recreation in accordance with
  Senate Rule 6, sec. 8 -- committee discharged, bill  amended,  ordered
  reprinted as amended and recommitted to said committee

AN  ACT to amend the parks, recreation and historic preservation law, in
  relation to providing for a review process of  proposals  to  alienate
  municipal parkland

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

  Section 1. The parks, recreation  and  historic  preservation  law  is
amended by adding a new article 16 to read as follows:
                               ARTICLE 16
                      MUNICIPAL PARKLAND ALIENATION
SECTION 16.01 DECLARATION OF POLICY.
        16.03 DEFINITIONS.
        16.05 MUNICIPAL PARKLAND ALIENATION.
        16.07 PARKLAND ALIENATION PROPOSAL REVIEW.
        16.09 PARKLAND ALIENATION REPORTING.
        16.11 PARKLAND ALIENATION ENFORCEMENT.
        16.13 STATE AUDITS.
        16.15 PUBLIC TRUST DOCTRINE NOT AFFECTED.
  S 16.01 DECLARATION OF POLICY. THE LEGISLATURE FINDS AND DECLARES THAT
MUNICIPALLY OWNED PARKLAND ENHANCES THE QUALITY OF LIFE, COMMUNITY CHAR-
ACTER,  AND  ECONOMIC VITALITY OF LOCAL COMMUNITIES AND PROVIDES HEALTHY
AND AFFORDABLE RECREATIONAL AND EDUCATIONAL OPPORTUNITIES  TO  NEW  YORK
STATE  RESIDENTS  AND VISITORS.  ONCE LOST, MUNICIPAL PARKLAND IS DIFFI-
CULT TO RECOVER.  ACCORDINGLY,  THE  DISCONTINUATION  OR  ALIENATION  OF
MUNICIPAL  PARKLAND SHOULD BE ACCOMPANIED BY REPLACEMENT WITH COMPARABLE
PARKLAND TO BE AVAILABLE TO THE COMMUNITY AND RESIDENTS OF THE STATE.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00293-02-2

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