S1759-2013 Actions

• 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

S1759-2013 Meetings

S1759-2013 Calendars

S1759-2013 Votes

S1759-2013 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shall expire and be deemed repealed July 31, 2015.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.

S1759-2013 Text

 S T A T E   O F   N E W   Y O R K
 
 S. 1759                                                  A. 1221
 2013-2014 Regular Sessions
 SENATE - ASSEMBLY
 (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.
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD03500-01-3
 
       S. 1759                             2                            A. 1221
 

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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