Requires the commissioner of general services to maintain an inventory and audit of every state-owned real property or unappropriated state land that has been sold, transferred, conveyed or exchanged and contain a reverter clause pursuant to the public lands law or the unconsolidated laws.
Ayes (61): Adams, Addabbo, Avella, Ball, Bonacic, Boyle, Breslin, Carlucci, DeFrancisco, Dilan, Espaillat, Farley, Felder, Flanagan, Fuschillo, Gallivan, Gianaris, Gipson, Golden, Griffo, Grisanti, Hannon, Hassell-Thomps, Hoylman, Kennedy, Klein, Krueger, Lanza, Larkin, Latimer, LaValle, Libous, Little, Marcellino, Marchione, Martins, Maziarz, Montgomery, Nozzolio, O'Brien, O'Mara, Parker, Peralta, Perkins, Ranzenhofer, Rivera, Robach, Sampson, Sanders, Savino, Serrano, Seward, Skelos, Smith, Squadron, Stavisky, Stewart-Cousin, Tkaczyk, Valesky, Young, Zeldin
Excused (2): Diaz, Ritchie
TITLE OF BILL: An act to amend the public lands law, in relation to the inventory of unappropriated state land sales
PURPOSE OR GENERAL IDEA OF BILL: The purpose of this bill is to create an auditing system to track the disposition of state-owned and un-appropriated state land. This bill would require the Commissioner of General Services establish and maintain an inventory of all state-owned real property and un-appropriated state land that has been sold, transferred, conveyed or exchanged and contain a reverter clause pursuant to the Public Lands Law or Unconsolidated Law.
JUSTIFICATION: The State has a limited supply of state-owned real property and unappropriated state land. Article 2 and 3 of the Public Lands Law provides for a structure in which State real property and un-appropriated State land may be sold, transferred, conveyed and exchanged. In addition, provisions of the Unconsolidated Law permit certain state land to be sold, transferred, conveyed and exchanged.
Section 34 of the Public Lands Law and many chapters of the Unconsolidated Laws require conveyed, exchanged, sold or transferred land to be used for a specific public purpose. If the land is not used for the designated purpose, the land title reverts back to the State. There is no mechanism is in place to track if such land is being used for the designated public purpose. This presents an avenue for misuse of the land.
By requiring the Office of General Services to track and audit the land transfers permitted by the Public Lands Law and Unconsolidated Law, the State would be ensured that the conveyed land is being used for the designated purpose. If the land is not being used, it would revert back to the State.
PRIOR LEGISLATIVE HISTORY: 2011-12: S. 7817 Rules/No Same As 2009-10: S.3563 Investigations and Government Operations/A. 1203 Passed Assembly
FISCAL IMPLICATIONS: Minimal. Some costs would be associated with establishing a registry and auditing each property every three years.
LOCAL FISCAL IMPLICATIONS: None
EFFECTIVE DATE: This act shall take effect immediately and applies only to lands sold or transferred after that date.
STATE OF NEW YORK ________________________________________________________________________ 5314 2013-2014 Regular Sessions IN SENATE May 16, 2013 ___________Introduced by Sen. MARCELLINO -- read twice and ordered printed, and when printed to be committed to the Committee on Investigations and Government Operations AN ACT to amend the public lands law, in relation to the inventory of unappropriated state land sales THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The opening paragraph of subdivision 2 of section 2 of the public lands law is designated paragraph a and a new paragraph b is added to read as follows: B. THE COMMISSIONER OF GENERAL SERVICES SHALL ESTABLISH, MAINTAIN AND HAVE THE CUSTODY OF AN INVENTORY OF ALL STATE-OWNED REAL PROPERTY AND UNAPPROPRIATED STATE LAND THAT HAS BEEN SOLD, TRANSFERRED, CONVEYED OR EXCHANGED WHICH CONTAIN A REVERTER CLAUSE, PURSUANT TO ARTICLE THREE OF THIS CHAPTER AND PURSUANT TO ANY LAND SALE, TRANSFER, CONVEYANCE OR EXCHANGE WHICH CONTAIN A REVERTER CLAUSE, PROVIDED FOR IN THE UNCONSOL- IDATED LAWS OF NEW YORK STATE. THE COMMISSIONER SHALL AUDIT EACH LAND SALE, TRANSFER, CONVEYANCE OR EXCHANGE WHICH CONTAIN A REVERTER CLAUSE, TO ENSURE EACH TRANSACTION HAS MET THE REQUIREMENTS OF ARTICLE THREE OF THIS CHAPTER OR AS PROVIDED IN THE UNCONSOLIDATED LAW, WITHIN ONE YEAR OF THE EFFECTIVE DATE OF THIS PARAGRAPH. EACH TRANSACTION SHALL BE AUDITED EVERY THREE YEARS THEREAFTER. THE COMMISSIONER SHALL REPORT WITHIN ONE YEAR AFTER THE EFFECTIVE DATE OF THIS PARAGRAPH AND ANNUALLY THEREAFTER TO THE GOVERNOR AND LEGISLATURE A COPY OF THE INVENTORY, THE AUDIT STATUS OF EACH PARCEL OF STATE LAND IN THE INVENTORY, AND THE AUDIT FINDING OF EACH PARCEL OF STATE LAND IN THE INVENTORY. S 2. This act shall take effect immediately and shall apply to any lands sold, transferred, conveyed or exchanged after the effective date.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD09170-03-3