NY State Senate Bill S3051A

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

view actions (16)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 06, 2018	referred to local governments delivered to assembly passed senate ordered to third reading cal.1541
Jun 05, 2018	committee discharged and committed to rules
Jan 03, 2018	referred to cultural affairs, tourism, parks and recreation returned to senate died in assembly
Jun 19, 2017	referred to local governments delivered to assembly passed senate
Feb 28, 2017	amended on third reading 3051a
Feb 14, 2017	advanced to third reading
Feb 13, 2017	2nd report cal.
Feb 07, 2017	1st report cal.182
Jan 19, 2017	referred to cultural affairs, tourism, parks and recreation

Votes

Bill Amendments

Original

A (Active)

Original

A (Active)

S3051 - Details

See Assembly Version of this Bill:: A1954
Law Section:: Parks, Recreation and Historic Preservation Law
Laws Affected:: Add Art 16 §§16.01 - 16.05, Pks & Rec L
Versions Introduced in Other Legislative Sessions:: 2013-2014: S5600, A10066
2015-2016: S705, A2228
2019-2020: S180, A3264
2021-2022: S1355, A8083
2023-2024: S252

S3051 - Summary

Relates to the reporting of alienation of municipal parkland.

S3051 - Sponsor Memo

 BILL NUMBER:  S3051

 TITLE OF BILL :  An act to amend the parks, recreation and historic
preservation law, in relation to the reporting of alienation of
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," and "parkland alienation legislation."

*Provides that any municipality that has received alienation
authorization through enactment of municipal parkland alienation
legislation shall submit a report to the Office of Parks, Recreation
and Historic Preservation.

*Provides for enforcement powers by the attorney general for
violations of this act by a municipality.

 JUSTIFICATION :

For more than a century, New York courts have held that municipal
parkland is subject to a "public trust" for the benefit of the public.
As a result, courts have rules that municipal parkland may not be
alienated without prior enactment of state legislation authorizing
such alienation.

Municipally owned parkland greatly enhances the quality of life,
community character, and economic vitality of communities throughout
New York State by providing healthy, affordable, and educational
opportunities to New Yorkers and tourists. Unfortunately, once lost
municipal parkland is difficult, if not impossible, to recover.
Therefore, the alienation of parkland should be limited to instances
of compelling public need where no other alternative is available and
should be accompanied by replacement parkland to be made available to
the community.

 PRIOR LEGISLATIVE HISTORY :

2015/2016: S.705A: Passed Senate. Delivered to Assembly-Referred to
Local Governments.
2013/2014: S.5600: Passed Senate. Delivered to Assembly-Referred to
Local Governments.

 FISCAL IMPLICATIONS :

None by the State.

 EFFECTIVE DATE :
This act shall take effect on January 1, 2018.

S3051 - Bill Text download pdf


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

                                  3051

                       2017-2018 Regular Sessions

                            I N  S E N A T E

                            January 19, 2017
                               ___________

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 the reporting of alienation of 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 DEFINITIONS.
        16.03 PARKLAND ALIENATION REPORTING.
        16.05 PARKLAND ALIENATION ENFORCEMENT.
  § 16.01 DEFINITIONS. WHEN USED IN THIS ARTICLE:
  1.  "MUNICIPAL PARKLAND" SHALL MEAN REAL PROPERTY OR INTERESTS THEREIN
THAT IS OWNED BY A MUNICIPALITY THAT PROVIDES PUBLIC  PARK,  RECREATION,
OR  OPEN  SPACE  PROTECTION PURPOSES. MUNICIPAL PARKLAND INCLUDES: LANDS
THAT HAVE BEEN DEDICATED FOR SUCH PURPOSES BY THE MUNICIPALITY THROUGH A
FORMAL RESOLUTION OR SIMILAR ACTION; LANDS THAT HAVE BEEN  PURCHASED  OR
ACCEPTED FOR SUCH PURPOSES; OR LANDS THAT CURRENTLY OR HISTORICALLY HAVE
BEEN AVAILABLE TO AND USED BY THE PUBLIC FOR SUCH PURPOSES.
  2.  "MUNICIPAL PARKLAND ALIENATION" SHALL MEAN ANY ACTION BY A MUNICI-
PALITY TO SELL, LEASE, DISCONTINUE, OR CHANGE THE USE OF MUNICIPAL PARK-
LAND.
  3. "MUNICIPALITY" SHALL MEAN A COUNTY,  TOWN,  CITY,  OR  VILLAGE.  IT
SHALL  ALSO  MEAN  A  SCHOOL  DISTRICT OR OTHER POLITICAL SUBDIVISION IN
INSTANCES WHERE SUCH ENTITY HAS OBTAINED STATE OR FEDERAL GRANT  FUNDING
FOR THE CREATION OF MUNICIPAL PARKLAND.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03244-01-7

S. 3051                             2

  4. "PARKLAND ALIENATION LEGISLATION" SHALL MEAN LEGISLATION INTRODUCED
IN THE STATE LEGISLATURE AUTHORIZING A MUNICIPALITY TO ALIENATE PARKLAND
UNDER ITS JURISDICTION.
  §  16.03  PARKLAND  ALIENATION  REPORTING.  ANY  MUNICIPALITY THAT HAS
RECEIVED ALIENATION AUTHORIZATION THROUGH ENACTMENT OF  MUNICIPAL  PARK-
LAND ALIENATION LEGISLATION SHALL SUBMIT A REPORT TO THE OFFICE NO LATER
THAN  DECEMBER THIRTY-FIRST OF THE CALENDAR YEAR FOLLOWING THE ENACTMENT
OF THE LEGISLATION. SUCH REPORT SHALL BE SIGNED  BY  THE  MUNICIPALITY'S
CHIEF EXECUTIVE OFFICER AND SHALL INCLUDE:
  1.  A  NARRATIVE  DESCRIPTION OF THE STATUS OF THE PARKLAND ALIENATION
ACTIONS AUTHORIZED AND REQUIRED IN THE LEGISLATION; AND
  2. AN ATTESTATION THAT THE MUNICIPALITY HAS COMPLIED WITH  ALL  CONDI-
TIONS  OF  THE PARKLAND ALIENATION LEGISLATION, INCLUDING THE DEDICATION
OF ANY REQUIRED REPLACEMENT PARKLAND OR, IN THE CASE  OF  UTILITY  EASE-
MENTS, THE DEDICATION OF FUNDING FOR THE ACQUISITION OF ADDITIONAL PARK-
LAND OR CAPITAL IMPROVEMENTS TO EXISTING PARKLAND FACILITIES; OR
  3.  IN  THE EVENT THAT ANY CONDITION OF THE PARKLAND ALIENATION LEGIS-
LATION HAS NOT BEEN FULLY COMPLIED WITH, THE MUNICIPALITY SHALL  PROVIDE
THE  OFFICE  WITH  AN INTERIM REPORT DETAILING THE STATUS OF ITS ACTIONS
AND AN EXPLANATION AS TO WHY CERTAIN CONDITIONS HAVE NOT BEEN MET, ALONG
WITH THE ANTICIPATED DATE BY WHICH SUCH  CONDITIONS  WILL  BE  MET.  THE
MUNICIPALITY  SHALL CONTINUE TO FILE INTERIM REPORTS ANNUALLY UNTIL SUCH
TIME AS THE CONDITIONS HAVE BEEN  MET  AND  A  FINAL  REPORT  IS  FILED.
UNLESS  A LONGER TIME PERIOD IS SPECIFIED IN THE LEGISLATION AUTHORIZING
THE ALIENATION, IF THE CONDITIONS OF THE ALIENATION HAVE NOT BEEN MET BY
DECEMBER THIRTY-FIRST OF THE THIRD CALENDAR YEAR FOLLOWING THE ENACTMENT
OF PARKLAND ALIENATION LEGISLATION, THE MUNICIPALITY SHALL BE SUBJECT TO
ENFORCEMENT PURSUANT TO SECTION 16.05 OF THIS ARTICLE.
  § 16.05 PARKLAND ALIENATION  ENFORCEMENT.  AN  ACTION  FOR  INJUNCTIVE
RELIEF  AS PROVIDED IN THIS SECTION AGAINST A MUNICIPALITY VIOLATING ANY
PROVISION OF THIS ARTICLE MAY BE BROUGHT BY THE  ATTORNEY  GENERAL  UPON
REFERRAL  BY  THE  OFFICE  OR UPON HIS OR HER OWN INITIATIVE.  A MUNICI-
PALITY MAY BE ENJOINED FROM ALIENATING PARKLAND WHERE  IT  ACTS  OR  HAS
ACTED  IN FURTHERANCE OF PARKLAND ALIENATION WITHOUT COMPLIANCE WITH THE
REQUIREMENTS OF THIS ARTICLE, INCLUDING REPORTING REQUIREMENTS AND PARK-
LAND ALIENATION LEGISLATION REQUIREMENTS.
  § 2. The state commissioner of parks, recreation and historic  preser-
vation  is  authorized  to  promulgate  such guidelines and/or rules and
regulations as he or she deems necessary to implement the provisions  of
this act on or before its effective date.
  § 3. This act shall take effect January 1, 2019.

S3051A (ACTIVE) - Details

See Assembly Version of this Bill:: A1954
Law Section:: Parks, Recreation and Historic Preservation Law
Laws Affected:: Add Art 16 §§16.01 - 16.05, Pks & Rec L
Versions Introduced in Other Legislative Sessions:: 2013-2014: S5600, A10066
2015-2016: S705, A2228
2019-2020: S180, A3264
2021-2022: S1355, A8083
2023-2024: S252

S3051A (ACTIVE) - Summary

Relates to the reporting of alienation of municipal parkland.

S3051A (ACTIVE) - Sponsor Memo

 BILL NUMBER:  S3051A

 TITLE OF BILL :  An act to amend the parks, recreation and historic
preservation law, in relation to the reporting of alienation of
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," and "parkland alienation legislation."

*Provides that any municipality that has received alienation
authorization through enactment of municipal parkland alienation
legislation shall submit a report to the Office of Parks, Recreation
and Historic Preservation.

*Provides for enforcement powers by the attorney general for
violations of this act by a municipality.

 JUSTIFICATION :

For more than a century, New York courts have held that municipal
parkland is subject to a "public trust" for the benefit of the public.
As a result, courts have rules that municipal parkland may not be
alienated without prior enactment of state legislation authorizing
such alienation.

Municipally owned parkland greatly enhances the quality of life,
community character, and economic vitality of communities throughout
New York State by providing healthy, affordable, and educational
opportunities to New Yorkers and tourists. Unfortunately, once lost
municipal parkland is difficult, if not impossible, to recover.
Therefore, the alienation of parkland should be limited to instances
of compelling public need where no other alternative is available and
should be accompanied by replacement parkland to be made available to
the community.

 PRIOR LEGISLATIVE HISTORY :

2015/2016: S.705A: Passed Senate. Delivered to Assembly-Referred to
Local Governments.
2013/2014: S.5600: Passed Senate. Delivered to Assembly-Referred to
Local Governments.

 FISCAL IMPLICATIONS :

None by the State.

 EFFECTIVE DATE :
This act shall take effect on the first of January next succeeded the
date on which it shall have become law.

S3051A (ACTIVE) - Bill Text download pdf


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

                                 3051--A
    Cal. No. 182

                       2017-2018 Regular Sessions

                            I N  S E N A T E

                            January 19, 2017
                               ___________

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  --  reported  favorably  from  said  committee,
  ordered  to  first  and  second  report,  ordered  to a third reading,
  amended and ordered reprinted, retaining its place  in  the  order  of
  third reading

AN  ACT to amend the parks, recreation and historic preservation law, in
  relation to the reporting of alienation of 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 DEFINITIONS.
        16.03 PARKLAND ALIENATION REPORTING.
        16.05 PARKLAND ALIENATION ENFORCEMENT.
  § 16.01 DEFINITIONS. WHEN USED IN THIS ARTICLE:
  1. "MUNICIPAL PARKLAND" SHALL MEAN REAL PROPERTY OR INTERESTS  THEREIN
THAT  IS  OWNED BY A MUNICIPALITY THAT PROVIDES PUBLIC PARK, RECREATION,
OR OPEN SPACE PROTECTION PURPOSES. MUNICIPAL  PARKLAND  INCLUDES:  LANDS
THAT HAVE BEEN DEDICATED FOR SUCH PURPOSES BY THE MUNICIPALITY THROUGH A
FORMAL  RESOLUTION  OR SIMILAR ACTION; LANDS THAT HAVE BEEN PURCHASED OR
ACCEPTED FOR SUCH PURPOSES; OR LANDS THAT CURRENTLY OR HISTORICALLY HAVE
BEEN AVAILABLE TO AND USED BY THE PUBLIC FOR SUCH PURPOSES.
  2. "MUNICIPAL PARKLAND ALIENATION" SHALL MEAN ANY ACTION BY A  MUNICI-
PALITY TO SELL, LEASE, DISCONTINUE, OR CHANGE THE USE OF MUNICIPAL PARK-
LAND.
  3.  "MUNICIPALITY"  SHALL  MEAN  A  COUNTY, TOWN, CITY, OR VILLAGE. IT
SHALL ALSO MEAN A SCHOOL DISTRICT  OR  OTHER  POLITICAL  SUBDIVISION  IN

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

                                                           LBD03244-03-7

S. 3051--A                          2

INSTANCES  WHERE SUCH ENTITY HAS OBTAINED STATE OR FEDERAL GRANT FUNDING
FOR THE CREATION OF MUNICIPAL PARKLAND.
  4. "PARKLAND ALIENATION LEGISLATION" SHALL MEAN LEGISLATION INTRODUCED
IN THE STATE LEGISLATURE AUTHORIZING A MUNICIPALITY TO ALIENATE PARKLAND
UNDER ITS JURISDICTION.
  §  16.03  PARKLAND  ALIENATION  REPORTING.  ANY  MUNICIPALITY THAT HAS
RECEIVED ALIENATION AUTHORIZATION THROUGH ENACTMENT OF  MUNICIPAL  PARK-
LAND ALIENATION LEGISLATION SHALL SUBMIT A REPORT TO THE OFFICE NO LATER
THAN  DECEMBER THIRTY-FIRST OF THE CALENDAR YEAR FOLLOWING THE ENACTMENT
OF THE LEGISLATION. SUCH REPORT SHALL BE SIGNED  BY  THE  MUNICIPALITY'S
CHIEF EXECUTIVE OFFICER AND SHALL INCLUDE:
  1.  A  NARRATIVE  DESCRIPTION OF THE STATUS OF THE PARKLAND ALIENATION
ACTIONS AUTHORIZED AND REQUIRED IN THE LEGISLATION; AND
  2. AN ATTESTATION THAT THE MUNICIPALITY HAS COMPLIED WITH  ALL  CONDI-
TIONS  OF  THE PARKLAND ALIENATION LEGISLATION, INCLUDING THE DEDICATION
OF ANY REQUIRED REPLACEMENT PARKLAND OR, IN THE CASE  OF  UTILITY  EASE-
MENTS, THE DEDICATION OF FUNDING FOR THE ACQUISITION OF ADDITIONAL PARK-
LAND OR CAPITAL IMPROVEMENTS TO EXISTING PARKLAND FACILITIES; OR
  3.  IN  THE EVENT THAT ANY CONDITION OF THE PARKLAND ALIENATION LEGIS-
LATION HAS NOT BEEN FULLY COMPLIED WITH, THE MUNICIPALITY SHALL  PROVIDE
THE  OFFICE  WITH  AN INTERIM REPORT DETAILING THE STATUS OF ITS ACTIONS
AND AN EXPLANATION AS TO WHY CERTAIN CONDITIONS HAVE NOT BEEN MET, ALONG
WITH THE ANTICIPATED DATE BY WHICH SUCH  CONDITIONS  WILL  BE  MET.  THE
MUNICIPALITY  SHALL CONTINUE TO FILE INTERIM REPORTS ANNUALLY UNTIL SUCH
TIME AS THE CONDITIONS HAVE BEEN  MET  AND  A  FINAL  REPORT  IS  FILED.
UNLESS  A LONGER TIME PERIOD IS SPECIFIED IN THE LEGISLATION AUTHORIZING
THE ALIENATION, IF THE CONDITIONS OF THE ALIENATION HAVE NOT BEEN MET BY
DECEMBER THIRTY-FIRST OF THE THIRD CALENDAR YEAR FOLLOWING THE ENACTMENT
OF PARKLAND ALIENATION LEGISLATION, THE MUNICIPALITY SHALL BE SUBJECT TO
ENFORCEMENT PURSUANT TO SECTION 16.05 OF THIS ARTICLE.
  § 16.05 PARKLAND ALIENATION  ENFORCEMENT.  AN  ACTION  FOR  INJUNCTIVE
RELIEF  AS PROVIDED IN THIS SECTION AGAINST A MUNICIPALITY VIOLATING ANY
PROVISION OF THIS ARTICLE MAY BE BROUGHT BY THE  ATTORNEY  GENERAL  UPON
REFERRAL  BY  THE  OFFICE  OR UPON HIS OR HER OWN INITIATIVE.  A MUNICI-
PALITY MAY BE ENJOINED FROM ALIENATING PARKLAND WHERE  IT  ACTS  OR  HAS
ACTED  IN FURTHERANCE OF PARKLAND ALIENATION WITHOUT COMPLIANCE WITH THE
REQUIREMENTS OF THIS ARTICLE, INCLUDING REPORTING REQUIREMENTS AND PARK-
LAND ALIENATION LEGISLATION REQUIREMENTS.
  § 2. The state commissioner of parks, recreation and historic  preser-
vation  is  authorized  to  promulgate  such guidelines and/or rules and
regulations as he or she deems necessary to implement the provisions  of
this act on or before its effective date.
  §  3. This act shall take effect on the first of January next succeed-
ing the date on which it shall have become a law.

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The New York State Senate

senate Bill S3051A

Sponsored By

Archive: Last Bill Status - Passed Senate

Your Voice

Actions

Votes

Jun 6, 2018 - floor Vote

Floor Vote: Jun 6, 2018

Jun 5, 2018 - Rules committee Vote

Rules Committee Vote: Jun 5, 2018

Jun 19, 2017 - floor Vote

Floor Vote: Jun 19, 2017

Feb 7, 2017 - Cultural Affairs, Tourism, Parks and Recreation committee Vote

Committee Vote: Feb 7, 2017

Bill Amendments

S3051 - Details

S3051 - Summary

S3051 - Sponsor Memo

S3051 - Bill Text download pdf

S3051A (ACTIVE) - Details

S3051A (ACTIVE) - Summary

S3051A (ACTIVE) - Sponsor Memo

S3051A (ACTIVE) - Bill Text download pdf

Comments

senate Bill S3051A

Share this bill

Sponsored By

José M. Serrano

Archive: Last Bill Status - Passed Senate

Your Voice

Actions

Votes

Jun 6, 2018 - floor Vote

Floor Vote: Jun 6, 2018

Jun 5, 2018 - Rules committee Vote

Rules Committee Vote: Jun 5, 2018

Jun 19, 2017 - floor Vote

Floor Vote: Jun 19, 2017

Feb 7, 2017 - Cultural Affairs, Tourism, Parks and Recreation committee Vote

Committee Vote: Feb 7, 2017

Bill Amendments

S3051 - Details

S3051 - Summary

S3051 - Sponsor Memo

S3051 - Bill Text download pdf

S3051A (ACTIVE) - Details

S3051A (ACTIVE) - Summary

S3051A (ACTIVE) - Sponsor Memo

S3051A (ACTIVE) - Bill Text download pdf

Comments