A10145-2011 Actions

• May 9, 2012: referred to local governments

A10145-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 10145
 I N  ASSEMBLY
 May 9, 2012
 
 Introduced  by M. of A. GALEF -- read once and referred to the Committee
 on Local Governments
 

AN ACT to amend the general  municipal  law,  in  relation  to  parkland
 protection
 

THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM
 BLY, DO ENACT AS FOLLOWS:

 

Section 1. The general municipal law is amended by adding a new  arti
 cle 19-C to read as follows:

 ARTICLE 19-C
 PARKLAND PROTECTION
 SECTION 995. PRESERVATION OF PARKLAND BY PETITION AND REFERENDUM.
 

S  995.  PRESERVATION  OF PARKLAND BY PETITION AND REFERENDUM.  A. THE
 RESIDENTS OF ANY TOWN, CITY, VILLAGE OR COUNTY, MAY CIRCULATE A PETITION
 TO PROVIDE FOR THE DEDICATION OF A PARCEL  OF  PROPERTY  LOCATED  WITHIN
 SUCH  TOWN,  CITY,  VILLAGE  OR  COUNTY AS PARKLAND. SUCH PETITION SHALL
 PROVIDE AN EXACT LEGAL DESCRIPTION  OF  THE  PROPERTY,  WHICH  SHALL  BE
 EITHER  PROPERTY OWNED BY THE TOWN, CITY, VILLAGE OR COUNTY, OR PROPERTY
 OWNED BY A PERSON OR CORPORATION WHERE THE OWNER OR  AUTHORIZED  OFFICER
 OF  WHICH  HAS MADE A SWORN AUTHORIZATION CONSENTING TO HAVE SUCH PARCEL
 OF PROPERTY CONVERTED EXCLUSIVELY AND PERMANENTLY TO PARKLAND  PURPOSES.
 THE COMPLETE LEGAL DESCRIPTION OF SUCH PARCEL, WHICH SHALL BE DESIGNATED
 ON THE PETITION AS "LEGAL DESCRIPTION OF PARKLAND TO BE PRESERVED" SHALL
 BE  PRINTED  ON THE PETITION UNDER THE TITLE: "PETITION FOR PRESERVATION
 OF PARKLAND BY PRESERVATION OF PARKLAND BY REFERENDUM."
 B. IF THE PARCEL THAT IS SUBJECT OF THE PETITION IS OWNED BY:

 1. THE TOWN, THEN THE PETITION MUST BE CIRCULATED IN  THE  TOWN,  WITH
 ONLY ENROLLED VOTERS OF THE TOWN BEING ELIGIBLE TO SIGN THE PETITION;
 2.  THE  CITY,  THEN THE PETITION MUST BE CIRCULATED IN THE CITY, WITH
 ONLY ENROLLED VOTERS OF THE CITY BEING ELIGIBLE TO SIGN THE PETITION;
 3. THE VILLAGE, THEN THE PETITION MUST BE CIRCULATED IN  THE  VILLAGE,
 WITH  ONLY  ENROLLED  VOTERS  OF  THE VILLAGE BEING ELIGIBLE TO SIGN THE
 PETITION;
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD14221-02-2
 
       A. 10145                            2
 4. THE COUNTY, THEN THE PETITION MUST BE  CIRCULATED  IN  THE  COUNTY,
 WITH ONLY ENROLLED VOTERS OF THE COUNTY BEING ABLE TO SIGN THE PETITION;
 OR
 5.  A  PERSON OR CORPORATION, WHERE THE OWNER OR AUTHORIZED OFFICER OF
 WHICH HAS MADE A SWORN AUTHORIZATION CONSENTING TO HAVE SUCH  PARCEL  OF
 PROPERTY  CONVERTED  EXCLUSIVELY  AND  PERMANENTLY  TO  USE FOR PARKLAND
 PURPOSES, THEN THE PETITION MAY BE CIRCULATED IN THE TOWN, CITY, VILLAGE
 OR COUNTY IN WHICH THE PARCEL IS LOCATED, AT THE SELECTION OF THE  PETI
 TIONERS,  WITH ONLY ENROLLED VOTERS OF SUCH SELECTED TOWN, CITY, VILLAGE
 OR COUNTY BEING ELIGIBLE TO SIGN THE PETITION.
 C. FOR A PETITION UNDER THIS SECTION TO BE VALID, IT MUST CONTAIN  THE
 NAMES  AND  ADDRESSES  OF  THREE  PERSONS  WHO HAVE AGREED TO SERVE AS A
 COMMITTEE TO RECEIVE NOTICES.
 D. UPON THE CONCLUSION OF THE CIRCULATION OF SUCH  PETITION  DESCRIBED
 IN  SUBDIVISION  A  OF  THIS SECTION, THE PETITION MAY BE FILED WITH THE
 COUNTY OR CITY BOARD OF ELECTIONS IN WHICH THE  PARCEL  OF  PARKLAND  IS
 LOCATED.   SUCH PETITION MUST CONTAIN SIGNATURES OF REGISTERED VOTERS OF
 SUCH TOWN, CITY, VILLAGE OR COUNTY IN WHICH IT  WAS  CIRCULATED,  IN  AN
 AMOUNT OF:

 1.  NOT  LESS THAN FIVE PERCENT OF THE TOTAL NUMBER OF ENROLLED VOTERS
 OF THE TOWN, IF THE PETITION WAS CIRCULATED IN A TOWN, OR  ONE  THOUSAND
 ENROLLED VOTERS OF THE TOWN, WHICHEVER IS LESS;
 2.  NOT  LESS THAN FIVE PERCENT OF THE TOTAL NUMBER OF ENROLLED VOTERS
 OF THE CITY, IF THE PETITION WAS CIRCULATED IN A CITY, OR  ONE  THOUSAND
 ENROLLED VOTERS OF THE CITY, WHICHEVER IS LESS, UNLESS THE CITY CONTAINS
 A POPULATION OF ONE MILLION OR MORE PEOPLE;
 3.  NOT  LESS THAN FIVE PERCENT OF THE TOTAL NUMBER OF ENROLLED VOTERS
 OF THE CITY, IF THE PETITION WAS CIRCULATED IN A CITY, OR FIVE  THOUSAND
 ENROLLED  VOTERS  OF THE CITY, WHICHEVER IS LESS, IF THE CITY CONTAINS A
 POPULATION OF ONE MILLION OR MORE PEOPLE;
 4. NOT LESS THAN FIVE PERCENT OF THE TOTAL NUMBER OF  ENROLLED  VOTERS
 OF  THE  VILLAGE,  IF  THE PETITION WAS CIRCULATED IN A VILLAGE, OR FIVE
 HUNDRED ENROLLED VOTERS OF THE VILLAGE, WHICHEVER IS LESS;
 5. NOT LESS THAN FIVE PERCENT OF THE TOTAL NUMBER OF  ENROLLED  VOTERS
 OF  THE  COUNTY,  IF THE PETITION WAS CIRCULATED IN A COUNTY, OR FIFTEEN
 HUNDRED ENROLLED VOTERS OF THE COUNTY, WHICHEVER  IS  LESS,  UNLESS  THE
 COUNTY IS WHOLLY CONTAINED WITHIN A CITY; AND
 6.  NOT  LESS THAN FIVE PERCENT OF THE TOTAL NUMBER OF ENROLLED VOTERS
 OF THE COUNTY, IF THE PETITION WAS CIRCULATED  IN  A  COUNTY,  OR  THREE
 THOUSAND ENROLLED VOTERS OF THE COUNTY, WHICHEVER IS LESS, IF THE COUNTY
 IS WHOLLY CONTAINED WITHIN A CITY.
 E.    FOR THE PETITION TO BE VALID IT MUST CONTAIN A SUFFICIENT NUMBER
 OF SIGNATURES, AS SET FORTH IN PARAGRAPH D OF  THIS  SECTION,  COLLECTED
 WITHIN  ONE  HUNDRED  TWENTY DAYS OF THE EARLIEST DATE OF A SIGNATURE ON
 THE PETITION SO FILED. IF THE  PETITION  HAS  A  SIGNIFICANT  NUMBER  OF
 SIGNATURES,  THEN THE BOARD OF ELECTIONS SHALL PLACE A REFERENDUM ON THE
 BALLOT, AT THE NEXT GENERAL ELECTION AT WHICH CANDIDATES APPEAR,  ASKING
 THE  VOTERS WHETHER THE PARCEL WHICH IS SUBJECT OF THE PETITION SHALL BE
 DEDICATED AS PARKLAND. IN THE REFERENDUM THE  BOARD  SHALL  INCLUDE  THE
 LEGAL  DESCRIPTION  OF  THE  PROPERTY CONTAINED IN THE PETITION.  IF THE
 PETITION IS FILED WITH THE BOARD OF ELECTIONS AFTER THE TWENTIETH DAY IN
 SEPTEMBER BUT BEFORE THE THIRTY-FIRST OF DECEMBER,  THEN  THE  BOARD  OF
 ELECTIONS  SHALL  PLACE  THE  REFERENDUM  ON  THE  BALLOT AT THE GENERAL
 ELECTION AT WHICH CANDIDATES APPEAR OF THE FOLLOWING YEAR. THE  REFEREN
 DUM  SHALL  APPEAR ON THE BALLOT OF THE TOWN, CITY, VILLAGE OR COUNTY IN
 WHICH IT WAS CIRCULATED.
 
       A. 10145                            3
 F. UPON THE CERTIFICATION OF THE ELECTION BY THE BOARD  OF  ELECTIONS,
 IF  THE  BOARD  OF  ELECTIONS  DETERMINES THAT THE ELECTORS OF THE TOWN,
 CITY, VILLAGE OR COUNTY, HAVE VOTED IN FAVOR OF DEDICATING  SUCH  PARCEL
 AS  PARKLAND,  THEN  THE  COMMISSIONERS  OF THE BOARD OF ELECTIONS SHALL
 NOTIFY  THE CLERK OF SUCH DEDICATION OF SUCH PARCEL AS PARKLAND WITH THE
 RECORDS OF THE TOWN, CITY, VILLAGE OR  COUNTY,  AND  SUCH  PARCEL  SHALL
 THEREAFTER BE DETERMINED TO BE DEDICATED AS PARKLAND CONSISTENT WITH THE
 PUBLIC TRUST DOCTRINE OF THE CONSTITUTION OF THE STATE OF NEW YORK.
 G.  ANY PARKLAND DEDICATED BY MEANS OF A PETITION AND REFERENDUM UNDER
 THIS SECTION MAY BE ALIENABLE PURSUANT TO 

AN ACT OF THE  STATE  LEGISLA
 TURE AS CONSISTENT WITH THE PUBLIC TRUST DOCTRINE OF THE CONSTITUTION OF
 THE STATE OF NEW YORK.
 

S 2. This act shall take effect on the one hundred twentieth day after
 it shall have become a law.

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