senate Bill S4266A

2013-2014 Legislative Session

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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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 08, 2014 referred to investigations and government operations
Jun 13, 2013 print number 4266a
amend and recommit to investigations and government operations
Mar 18, 2013 referred to investigations and government operations

Bill Amendments

Original
A (Active)
Original
A (Active)

S4266 - Bill Details

Current Committee:
Senate Investigations And Government Operations
Law Section:
Public Lands Law
Laws Affected:
Amd §2, Pub Lds L
Versions Introduced in Previous Legislative Sessions:
2011-2012: A2305, S7317, S7817
2009-2010: A1203, S3563

S4266 - Bill Texts

view 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.

view sponsor memo
BILL NUMBER:S4266

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: 2012: A.9112 (Englebright) - Passed
Assembly 2011: A.2305 (Destito) -Passed Assembly 2009-2010: A.1203
(Destito) - 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.

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

                                  4266

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                             March 18, 2013
                               ___________

Introduced  by  Sen. LATIMER -- 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 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.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09170-01-3

S4266A (ACTIVE) - Bill Details

Current Committee:
Senate Investigations And Government Operations
Law Section:
Public Lands Law
Laws Affected:
Amd §2, Pub Lds L
Versions Introduced in Previous Legislative Sessions:
2011-2012: A2305, S7317, S7817
2009-2010: A1203, S3563

S4266A (ACTIVE) - Bill Texts

view 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.

view sponsor memo
BILL NUMBER:S4266A

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: 2012: A.9112 (Englebright) - Passed
Assembly 2011: A.2305 (Destito) -Passed Assembly 2009-2010: A.1203
(Destito) - 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 180 days after passage

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

                                 4266--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                             March 18, 2013
                               ___________

Introduced  by  Sen. LATIMER -- read twice and ordered printed, and when
  printed to be committed to the Committee on Investigations and Govern-
  ment  Operations  --  committee  discharged,  bill  amended,   ordered
  reprinted as amended and recommitted to said committee

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 on the one hundred eightieth day after
it shall have become a law.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09170-06-3

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