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.
- Jun 25, 2012: REFERRED TO RULES
BILL NUMBER:S7817 TITLE OF BILL: An act to amend the public lands law, in relation to the inventory of unappropriated state land sales PURPOSE: The purpose of this bill is to create an auditing system to track the disposition of state-owned and unappropriated state land. This bill would require the Commissioner of General Services establish and maintain an inventory of all state-owned real property and unappropriated state land that has been sold, transferred, conveyed or exchanged and contain a reverter clause pursuant to the Public Lands Law or Unconsolidated Law. SUMMARY OF PROVISIONS: Section 1: amends the opening paragraph of subdivision 2 of section 2 of the public lands law allowing the Commissioner of General Services to establish and maintain an inventory of all state-owned land which has been sold, transferred, conveyed or exchanged with a reverter clause and audit such transactions to ensure each met the requirements of article three of this chapter, or as provided in unconsolidated law within one year of the enactment of this bill and then every three years thereafter. The Commissioner will also report the Governor and the Legislature with a copy of the inventory and the audit status of each parcel and the audit finding. 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 unappropriated 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. LEGISLATIVE HISTORY: 2011: A.2305 (Destito) - Passed Assembly 2009-2010: A.1203 (Destito) - Passed Assembly FISCAL IMPLICATIONS: Minimal. Some costs would be associated with establishing a registry and auditing each property every three years. EFFECTIVE DATE: This act shall take effect immediately.
S T A T E O F N E W Y O R K ________________________________________________________________________ 7817 I N SENATE June 25, 2012 ___________ Introduced by Sen. MARCELLINO -- read twice and ordered printed, and when printed to be committed to the Committee on Rules 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. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD06376-01-1