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.

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S7817-2011 Actions

• Jun 25, 2012: REFERRED TO RULES

S7817-2011 Memo

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.

S7817-2011 Text

                      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