|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Jan 08, 2014||referred to cultural affairs, tourism, parks and recreation|
|Jan 09, 2013||referred to cultural affairs, tourism, parks and recreation|
senate Bill S917
Archive: Last Bill Status -
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S917 - Details
S917 - Summary
Requires the commissioner of parks, recreation and historic preservation to acquire the mineral interests under all land acquired or received by the state for the office of parks, recreation and historic preservation, unless the commissioner of parks, recreation and historic preservation finds that the land is of great significance and importance to the state.
S917 - Sponsor Memo
BILL NUMBER:S917 TITLE OF BILL: An act to amend the parks, recreation and historic preservation law, in relation to requiring the office of parks, recreation and historic preservation to acquire all mineral rights to real property acquired by such office PURPOSE OF THE BILL: The purpose of the bill is to ensure that OPRHP acquires the minerals rights when acquiring property for state park, historic preservation and other uses under its jurisdiction. The bill provides for certain exceptions for lands of great significance and importance. SUMMARY OF PROVISIONS: The bill amends Section 3.17, Subdivision 1 of the Parks, Recreation and Historic preservation Law, to require that real property acquired, received, held or administered by the OPRHP commissioner include the mineral rights on and under such lands. The bill does allow acquisition and acceptance of lands of great significant and importance without the mineral rights. Such acquisitions or acceptances would be subject an analytical report prepared by OPRHP, that justifies and provides the rationale for such acquisition" including but not limited to a description of the property, the significance and importance or the land to the state, and the
S917 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 917 2013-2014 Regular Sessions I N S E N A T E (PREFILED) January 9, 2013 ___________ Introduced by Sen. SERRANO -- 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 requiring the office of parks, recreation and historic preservation to acquire all mineral rights to real property acquired by such office THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision 1 of section 3.17 of the parks, recreation and historic preservation law, as amended by chapter 727 of the laws of 1978, is amended to read as follows: 1. Notwithstanding any other provision of law, the commissioner may acquire such property as may be necessary for the purposes and functions of the office, within the amounts appropriated or available therefore. Such property may be acquired pursuant to the provisions of the eminent domain procedure law, or by purchase, lease, exchange, grant, condemna- tion, gift, devise, bequest, or by any other lawful means. No real prop- erty shall be so acquired unless the title thereto is approved by the attorney general. PROVIDED, FURTHER, THAT NO REAL PROPERTY SHALL BE ACQUIRED, RECEIVED, HELD OR ADMINISTERED BY THE COMMISSIONER UNLESS THE MINERAL RIGHTS ON AND UNDER SUCH LAND ARE ALSO ACQUIRED BY THE COMMIS- SIONER IN THE NAME OF THE PEOPLE OF THE STATE OF NEW YORK; PROVIDED, HOWEVER, THAT THE COMMISSIONER MAY ACQUIRE, RECEIVE, HOLD OR ADMINISTER REAL PROPERTY TO WHICH HE OR SHE HAS NOT ACQUIRED THE MINERAL RIGHTS THERETO IN ANY CASE IN WHICH THE COMMISSIONER FINDS THAT SUCH REAL PROP- ERTY IS OF GREAT SIGNIFICANCE AND IMPORTANCE TO THE STATE. PRIOR TO THE ACQUISITION, RECEIPT, HOLDING OR ADMINISTRATION OF REAL PROPERTY BY THE OFFICE TO WHICH THE COMMISSIONER HAS NOT ACQUIRED THE MINERAL RIGHTS THERETO, THE COMMISSIONER SHALL ISSUE AN ANALYTICAL REPORT THAT PROVIDES EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
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