|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 S928
Archive: Last Bill Status - In Committee
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S928 - Details
S928 - Sponsor Memo
BILL NUMBER:S928 TITLE OF BILL: 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 PURPOSE OR GENERAL IDEA OF BILL: Municipally owned parkland is vital to local communities. Once lost, municipal parkland is difficult to recover. The alienation of municipal parkland should be limited to instances of compelling public need where no other alternative is available, and should be accompanied by replacement parkland. SUMMARY OF SPECIFIC PROVISIONS: *Defines "municipal parkland," "municipal parkland alienation," "municipality," "parkland alienation legislation," "state or federal grant funding," and "public trust doctrine." *Provides requirements for municipalities seeking to alienate parkland. *Provides for exemptions when replacement parkland shall not be required by legislation. *Provides for necessary language in parkland alienation legislation.
S928 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 928 2013-2014 Regular Sessions I N S E N A T E (PREFILED) January 9, 2013 ___________ 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 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
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