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S705Senate2015-2016 SessionSame asA2228

Relates to the reporting of alienation of municipal parkland

Sponsor José M. SerranoSD-29Affects Local Government
Status
In Assembly Committee
Local Governments
Impact
Pending
Passage
Pending

Bill progress

Step 5 of 7

In Assembly · Local Governments

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Sponsors

Primary sponsor
José M. Serrano

Senator · Senate District 29

No co-sponsors yet.

History

  1. Referred to local governments
  2. Delivered to assembly
  3. Passed senateVote 52–7
  4. Advanced to third reading
  5. 2nd report cal.
  6. Amended 705a
  7. 1st report cal.230
  8. Referred to cultural affairs, tourism, parks and recreation
  9. Returned to senate
  10. Died in assembly
  11. Referred to local governments
  12. Delivered to assembly
Show 5 earlier actions
  1. Passed senateVote 51–9
  2. Advanced to third reading
  3. 2nd report cal.
  4. 1st report cal.487
  5. Referred to cultural affairs, tourism, parks and recreation

Companion bill

The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.

A2228Assembly

Relates to the reporting of alienation of municipal parkland

In Assembly Committee · Local Governments · Sponsor Steven Englebright

Full text

The text isn't available here yet. Check nysenate.gov.

Sponsor's memo

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

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.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.