NY State Senate Bill S1355

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
Mar 31, 2022	referred to local governments delivered to assembly passed senate
Mar 07, 2022	advanced to third reading
Mar 03, 2022	2nd report cal.
Mar 02, 2022	1st report cal.613
Jan 05, 2022	referred to cultural affairs, tourism, parks and recreation returned to senate died in assembly
Feb 03, 2021	referred to local governments delivered to assembly passed senate
Feb 01, 2021	advanced to third reading
Jan 26, 2021	2nd report cal.
Jan 25, 2021	1st report cal.181
Jan 11, 2021	referred to cultural affairs, tourism, parks and recreation

Votes

view votes

Mar 31, 2022 - floor Vote

S1355

floor

Aye

Nay

Absent

Excused

Abstained

Mar 1, 2022 - Cultural Affairs, Tourism, Parks and Recreation committee Vote

S1355

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

show Cultural Affairs, Tourism, Parks and Recreation committee vote details

Cultural Affairs, Tourism, Parks and Recreation Committee Vote: Mar 1, 2022

aye (5)

aye wr (2)

Feb 3, 2021 - floor Vote

S1355

floor

Aye

Nay

Absent

Excused

Abstained

Jan 25, 2021 - Cultural Affairs, Tourism, Parks and Recreation committee Vote

S1355

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

show Cultural Affairs, Tourism, Parks and Recreation committee vote details

Cultural Affairs, Tourism, Parks and Recreation Committee Vote: Jan 25, 2021

aye (5)

aye wr (2)

Co-Sponsors

S1355 (ACTIVE) - Details

See Assembly Version of this Bill:: A8083
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
2017-2018: S3051, A1954
2019-2020: S180, A3264
2023-2024: S252

S1355 (ACTIVE) - Summary

Relates to the reporting of alienation of municipal parkland.

S1355 (ACTIVE) - Sponsor Memo

 
BILL NUMBER: S1355

SPONSOR: SERRANO
 
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 replace-
ment parkland.

 
SUMMARY OF SPECIFIC PROVISIONS:

*Defines "municipal parkland," "municipal, parkland alienation," "muni-
cipality," and "parkland alienation legislation."

*Provides that any municipality that has received alienation authori-
zation 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 park-
land 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 alien-
ation.

Municipally owned parkland greatly enhances the quality of life, commu-
nity 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 replace-
ment parkland to be made available to the community.

 
PRIOR LEGISLATIVE HISTORY:

2019/2020:S.180A:Passed Senate.
2017/2018:S.3051A:Passed Senate.
2015/2016:S.705A:Passed Senate.
2013/2014:S.5600:Passed Senate.

 
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.

S1355 (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1355
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 11, 2021
                                ___________
 
 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.
                                                            LBD03303-01-1

 S. 1355                             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. This act shall take effect on the first of January next  succeed-
 ing the date on which it shall have become a law.  Effective immediately
 the  addition,  amendment and/or repeal of any rule or regulation neces-
 sary for the implementation of  this  act  on  its  effective  date  are
 authorized to be made on or before such date.

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The New York State Senate

senate Bill S1355

Sponsored By

Archive: Last Bill Status - Passed Senate

Your Voice

Actions

Votes

Mar 31, 2022 - floor Vote

Floor Vote: Mar 31, 2022

Mar 1, 2022 - Cultural Affairs, Tourism, Parks and Recreation committee Vote

Cultural Affairs, Tourism, Parks and Recreation Committee Vote: Mar 1, 2022

Feb 3, 2021 - floor Vote

Floor Vote: Feb 3, 2021

Jan 25, 2021 - Cultural Affairs, Tourism, Parks and Recreation committee Vote

Cultural Affairs, Tourism, Parks and Recreation Committee Vote: Jan 25, 2021

Co-Sponsors

S1355 (ACTIVE) - Details

S1355 (ACTIVE) - Summary

S1355 (ACTIVE) - Sponsor Memo

S1355 (ACTIVE) - Bill Text download pdf

Comments

senate Bill S1355

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Sponsored By

José M. Serrano

Archive: Last Bill Status - Passed Senate

Your Voice

Actions

Votes

Mar 31, 2022 - floor Vote

Floor Vote: Mar 31, 2022

Mar 1, 2022 - Cultural Affairs, Tourism, Parks and Recreation committee Vote

Cultural Affairs, Tourism, Parks and Recreation Committee Vote: Mar 1, 2022

Feb 3, 2021 - floor Vote

Floor Vote: Feb 3, 2021

Jan 25, 2021 - Cultural Affairs, Tourism, Parks and Recreation committee Vote

Cultural Affairs, Tourism, Parks and Recreation Committee Vote: Jan 25, 2021

Co-Sponsors

Michelle Hinchey

Brad Hoylman-Sigal

Elijah Reichlin-Melnick

S1355 (ACTIVE) - Details

S1355 (ACTIVE) - Summary

S1355 (ACTIVE) - Sponsor Memo

S1355 (ACTIVE) - Bill Text download pdf

Comments