Bill S1759-2013

Includes the trustees of the freeholders and commonalty of the towns of Southampton, East Hampton and Southold as municipal corporations for the purposes of section 72-h of the general municipal law

Includes the trustees of the freeholders and commonalty of the towns of Southampton, East Hampton and Southold as municipal corporations for the purposes of section 72-h of the general municipal law.

Details

Actions

  • Oct 21, 2013: SIGNED CHAP.387
  • Oct 9, 2013: DELIVERED TO GOVERNOR
  • Apr 29, 2013: returned to senate
  • Apr 29, 2013: passed assembly
  • Apr 29, 2013: ordered to third reading cal.190
  • Apr 29, 2013: substituted for a1221
  • Feb 27, 2013: referred to local governments
  • Feb 27, 2013: DELIVERED TO ASSEMBLY
  • Feb 27, 2013: PASSED SENATE
  • Feb 12, 2013: ADVANCED TO THIRD READING
  • Feb 11, 2013: 2ND REPORT CAL.
  • Feb 5, 2013: 1ST REPORT CAL.46
  • Jan 9, 2013: REFERRED TO LOCAL GOVERNMENT

Votes

VOTE: COMMITTEE VOTE: - Local Government - Feb 5, 2013
Ayes (8): Martins, Ball, Boyle, Marchione, Ritchie, Gipson, Latimer, O'Brien

Memo

BILL NUMBER:S1759

TITLE OF BILL: An act in relation to including the trustees of the Freeholders and Commonalty of the town of Southampton, trustees of the Freeholders and Commonalty of the town of East Hampton and the trustees of the Freeholders and Commonalty of the town of Southold as municipal corporations for the purposes of section 72-h of the general municipal law; and providing for the repeal of certain provisions upon expiration thereof

PURPOSE: To include the trustees of the Freeholders and Commonalty of the Town of Southampton, the trustees of the Freeholders and Commonalty of the Town of East Hampton and the trustees of the Freeholders and Commonalty of the Town of Southold as municipal corporations for the purposes of Section 72-h of the General Municipal Law.

SUMMARY OF PROVISIONS:

Section 1. Provides that for the purposes of Section 72-h of the General Municipal Law, the term "municipal corporation" shall include: (a) the trustees of the Freeholders and Commonalty of the Town of Southampton; (b) the trustees of the Freeholders and Commonalty of the Town of East Hampton; and (c) the trustees of the Freeholders and Commonalty of the Town of Southold. Provided that for purposes of Section 72-h of the General Municipal Law, such trustees shall only be authorized to acquire interest in real property that is located within the town that such trustees represent. Real property sold, transferred, leased, exchanged or otherwise conveyed pursuant to this act shall not include real property which is made inalienable under the provisions of any general, special, common, or local law or of any charter.

Section 2. Provides that real property received by such trustees pursuant to this act shall not be sold, transferred, leased, exchanged or otherwise conveyed unless provided by an act of the Legislature.

Section 3. Effective immediately, provided that Section one of this act shall expire and be deemed repealed July 31, 2015.

JUSTIFICATION: Typically, the County of Suffolk transfers land pursuant to Section 72-h of the General Municipal Law. This section states that land transfers only occur to municipal corporations, which through definition are limited to county, town and village government. While not a taxing jurisdiction, the trustees of the Freeholders and Commonalty of the Town of Southampton, the trustees of the Freeholders and Commonalty of the Town of East Hampton and the trustees of the Freeholders and Commonalty of the Town of Southold are clearly a form of local elected government and would greatly benefit from the ability to receive land at no cost from the County to be placed under their stewardship. This legislation would provide that for the purposes of Section 72-h of the General Municipal Law, the term "municipal corporation" shall include the trustees of the Freeholders and Commonalty of the Town of Southampton, the trustees of the Freeholders and Commonalty of the Town of East Hampton and the trustees of the Freeholders and Commonalty of the Town of Southold.

LEGISLATIVE HISTORY: 2012 S.6917.

FISCAL IMPLICATIONS: None to the State.

EFFECTIVE DATE: This act shall take effect immediately; provided that Section one of this act shall expire and be deemed repealed July 31, 2015.


Text

STATE OF NEW YORK ________________________________________________________________________ S. 1759 A. 1221 2013-2014 Regular Sessions S E N A T E - A S S E M B L Y (PREFILED) January 9, 2013 ___________
IN SENATE -- Introduced by Sen. LAVALLE -- read twice and ordered print- ed, and when printed to be committed to the Committee on Local Govern- ment IN ASSEMBLY -- Introduced by M. of A. THIELE, LOSQUADRO -- read once and referred to the Committee on Local Governments AN ACT in relation to including the trustees of the Freeholders and Commonalty of the town of Southampton, trustees of the Freeholders and Commonalty of the town of East Hampton and the trustees of the Free- holders and Commonalty of the town of Southold as municipal corpo- rations for the purposes of section 72-h of the general municipal law; and providing for the repeal of certain provisions upon expiration thereof THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subject to the provisions of this act, for the purposes of section 72-h of the general municipal law, the term "municipal corpo- ration" shall include: (a) the trustees of the Freeholders and Commonal- ty of the town of Southampton; (b) the trustees of the Freeholders and Commonalty of the town of East Hampton; and (c) the trustees of the Freeholders and Commonalty of the town of Southold. Provided that for purposes of section 72-h of the general municipal law, such trustees shall only be authorized to acquire interest in real property that is located within the town that such trustees represent. Real property sold, transferred, leased, exchanged or otherwise conveyed pursuant to this act shall not include real property which is made inalienable under the provisions of any general, special, common, or local law or of any charter.
S 2. Real property received by such trustees pursuant to this act shall not be sold, transferred, leased, exchanged or otherwise conveyed unless provided by an act of the legislature. S 3. This act shall take effect immediately; provided that section one of this act shall expire and be deemed repealed July 31, 2015.

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