senate Bill S343

2011-2012 Legislative Session

Eliminates requirement for consent of an authority having jurisdiction over state land in the Adirondack park when the location of a highway thereon is changed

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Archive: Last Bill Status - Passed Senate


  • 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
Feb 06, 2012 referred to transportation
delivered to assembly
passed senate
Jan 30, 2012 advanced to third reading
Jan 24, 2012 2nd report cal.
Jan 23, 2012 1st report cal.106
Jan 04, 2012 referred to transportation
returned to senate
died in assembly
Jun 15, 2011 referred to transportation
delivered to assembly
passed senate
Feb 08, 2011 advanced to third reading
Feb 07, 2011 2nd report cal.
Feb 01, 2011 1st report cal.49
Jan 05, 2011 referred to transportation

Votes

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Jan 23, 2012 - Transportation committee Vote

S343
14
1
committee
14
Aye
1
Nay
4
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Transportation committee vote details

Transportation Committee Vote: Jan 23, 2012

nay (1)

Feb 1, 2011 - Transportation committee Vote

S343
12
0
committee
12
Aye
0
Nay
7
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Transportation committee vote details

Transportation Committee Vote: Feb 1, 2011

S343 - Bill Details

See Assembly Version of this Bill:
A149
Current Committee:
Law Section:
Highway Law
Laws Affected:
Amd ยง212, Hway L
Versions Introduced in 2009-2010 Legislative Session:
S321, A448

S343 - Bill Texts

view summary

Eliminates, for highways in the Adirondack park, the requirement for the approval and consent of the state authority having jurisdiction over state land when the location of a highway on such land is altered or changed, or use of such highway is discontinued.

view sponsor memo
BILL NUMBER:S343

TITLE OF BILL:
An act
to amend the highway law, in relation
to changing the location
of highways over certain lands owned and occupied by the state
in the Adirondack park

PURPOSE:
To amend the highway law to remove the ability of the State to modify,
abandon or close roads within the Adirondack Park.

SUMMARY OF PROVISIONS:
Section 1- Amends Section 212 of the highway law, as amended by
chapter 161 of the laws of 1988 to add a new subsection 2 that reads
The provisions of this section shall not apply to any highway within
the Adirondack park, as defined in subdivision one of section 9-0101
of the environmental conservation law.

Section 2- Effective date.

EXISTING LAW:
Section 211 of the highway laws allows the state to modify, abandon or
close town roads that pass through lands owned and controlled by the
state.

JUSTIFICATION:
Within the Adirondack Park, the State has closed existing town roads
on several occasions since 1970. Over the past twelve years, the
State has acquired hundreds of thousands of additional acres within
the Park on which many town roads are located. For instance, in 2006
the state proposed to close the West River Road in the Town of Wells,
Hamilton County despite the opposition of the town board who wishes
to continue to maintain it and keep it open to the public.

Section 212 of the highway law, grants the State unlimited authority
and disregards the wishes of local governments. Furthermore, the
closing of town roads by the State disrupts local transportation
without compensation to the local community.

The introduction of this legislation has been requested by the
Adirondack Park Local Government Review Board and is also supported
by the Adirondack Conservation Council.

LEGISLATIVE HISTORY:
2009/10: S.321 Transportation; A.448 Transportation
2007/08: S.4113 Transportation; A.7082 Transportation.

FISCAL IMPLICATIONS:
None to the State

EFFECTIVE DATE:
This act shall take effect immediately.


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

    S. 343                                                    A. 149

                       2011-2012 Regular Sessions

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

                               (PREFILED)

                             January 5, 2011
                               ___________

IN  SENATE -- Introduced by Sen. LITTLE -- read twice and ordered print-
  ed, and when printed to be committed to the Committee  on  Transporta-
  tion

IN  ASSEMBLY -- Introduced by M. of A. SAYWARD -- read once and referred
  to the Committee on Transportation

AN ACT to amend the highway law, in relation to changing the location of
  highways over certain lands owned and occupied by  the  state  in  the
  Adirondack park

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

  Section 1. Section 212 of the highway law, as amended by  chapter  161
of the laws of 1988, is amended to read as follows:
  S  212.  Changing  location  of  highways over certain lands owned and
occupied by the state. 1. If a highway  passes  over  or  through  lands
wholly  owned and occupied by the state, the location of such portion of
such highway as passes through such lands may be altered and changed, or
the same may be abandoned or the use thereof as a  highway  discontinued
with the consent and approval of the state authority having jurisdiction
or  control  over  such  lands  by  an  order  directing  such change in
location, abandonment or discontinuance.  Such  order  shall  contain  a
description  of  that  portion  of the highway the location of which has
been changed, abandoned or discontinued, and a description  of  the  new
location  thereof, if any, and shall be filed in the office of the state
authority having control of such lands.
  2. THE PROVISIONS OF THIS SECTION SHALL NOT APPLY TO ANY HIGHWAY WITH-
IN THE ADIRONDACK PARK, AS DEFINED IN SUBDIVISION ONE OF SECTION  9-0101
OF THE ENVIRONMENTAL CONSERVATION LAW.
  S 2. This act shall take effect immediately.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01285-01-1

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