Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jun 10, 2016 |
print number 1038b |
Jun 10, 2016 |
amend and recommit to cultural affairs, tourism, parks and recreation |
Jun 09, 2016 |
print number 1038a |
Jun 09, 2016 |
amend and recommit to cultural affairs, tourism, parks and recreation |
Jan 06, 2016 |
referred to cultural affairs, tourism, parks and recreation |
Jan 08, 2015 |
referred to cultural affairs, tourism, parks and recreation |
Senate Bill S1038B
2015-2016 Legislative Session
Sponsored By
(D) Senate District
Archive: Last Bill Status - In Senate Committee Cultural Affairs, Tourism, Parks And Recreation Committee
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
Bill Amendments
2015-S1038 - Details
- See Assembly Version of this Bill:
- A10703
- Current Committee:
- Senate Cultural Affairs, Tourism, Parks And Recreation
- Law Section:
- Parks, Recreation and Historic Preservation Law
- Laws Affected:
- Add Art 16 §§16.01 - 16.15, Pks & Rec L
- Versions Introduced in Other Legislative Sessions:
-
2013-2014:
S4951
2017-2018: S1365, A2695
2019-2020: A2384
2015-S1038 - Summary
Provides for a review process of proposals to alienate municipal parkland; requires replacement lands to be of similar or greater acreage and fair market value than the parcel to be alienated; provides that such replacement lands must be contiguous or within one mile of the parcel that is being alienated; makes related provisions.
2015-S1038 - Sponsor Memo
BILL NUMBER:S1038 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. This bill will require that replacement parkland must be three times the size of the current acreage that is authorized for alienation and must be contiguous or within one mile of the parcel that is being alienated. In addition, at least one of the three replacement parcels must be comprise of one lot that is equal in size to that being alienated. SUMMARY OF PROVISIONS: Section 1 of the bill amends the parks, recreation and historic preservation law by adding a new article 16 that includes the following provisions:
2015-S1038 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 1038 2015-2016 Regular Sessions I N S E N A T E January 8, 2015 ___________ Introduced by Sen. AVELLA -- 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. LBD01963-01-5
2015-S1038A - Details
- See Assembly Version of this Bill:
- A10703
- Current Committee:
- Senate Cultural Affairs, Tourism, Parks And Recreation
- Law Section:
- Parks, Recreation and Historic Preservation Law
- Laws Affected:
- Add Art 16 §§16.01 - 16.15, Pks & Rec L
- Versions Introduced in Other Legislative Sessions:
-
2013-2014:
S4951
2017-2018: S1365, A2695
2019-2020: A2384
2015-S1038A - Summary
Provides for a review process of proposals to alienate municipal parkland; requires replacement lands to be of similar or greater acreage and fair market value than the parcel to be alienated; provides that such replacement lands must be contiguous or within one mile of the parcel that is being alienated; makes related provisions.
2015-S1038A - Sponsor Memo
BILL NUMBER: S1038A 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. This bill will require that replacement parkland must be of similar or greater acreage and fair market value than the parcel to be alienated and must be contiguous or within one mile of the parcel that is being alienated. SUMMARY OF PROVISIONS : Section 1 of the bill amends the parks, recreation and historic preservation law by adding a new article 16 that includes the following provisions: Section 16.01 provides a declaration of policy. Section 16.03 defines "municipal parkland," "municipal parkland
2015-S1038A - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 1038--A 2015-2016 Regular Sessions I N S E N A T E January 8, 2015 ___________ Introduced by Sen. AVELLA -- 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. LBD01963-02-6
2015-S1038B (ACTIVE) - Details
- See Assembly Version of this Bill:
- A10703
- Current Committee:
- Senate Cultural Affairs, Tourism, Parks And Recreation
- Law Section:
- Parks, Recreation and Historic Preservation Law
- Laws Affected:
- Add Art 16 §§16.01 - 16.15, Pks & Rec L
- Versions Introduced in Other Legislative Sessions:
-
2013-2014:
S4951
2017-2018: S1365, A2695
2019-2020: A2384
2015-S1038B (ACTIVE) - Summary
Provides for a review process of proposals to alienate municipal parkland; requires replacement lands to be of similar or greater acreage and fair market value than the parcel to be alienated; provides that such replacement lands must be contiguous or within one mile of the parcel that is being alienated; makes related provisions.
2015-S1038B (ACTIVE) - Sponsor Memo
BILL NUMBER: S1038B 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. This bill will require that replacement parkland must be of similar or greater acreage and fair market value than the parcel to be alienated and must be contiguous or within one mile of the parcel that is being alienated. SUMMARY OF PROVISIONS : Section 1 of the bill amends the parks, recreation and historic preservation law by adding a new article 16 that includes the following provisions: Section 16.01 provides a declaration of policy.
2015-S1038B (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 1038--B 2015-2016 Regular Sessions I N S E N A T E January 8, 2015 ___________ Introduced by Sen. AVELLA -- 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 -- 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 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD01963-04-6
Comments
Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.
Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.
Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.