S T A T E O F N E W Y O R K
________________________________________________________________________
6494
I N S E N A T E
February 16, 2012
___________
Introduced by Sens. MARTINS, OPPENHEIMER -- read twice and ordered
printed, and when printed to be committed to the Committee on Local
Government
AN ACT to amend the general municipal law, in relation to parkland
protection
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The general municipal law is amended by adding a new arti-
cle 19-C to read as follows:
ARTICLE 19-C
PARKLAND PROTECTION
SECTION 995. PRESERVATION OF PARKLAND BY PETITION AND REFERENDUM.
S 995. PRESERVATION OF PARKLAND BY PETITION AND REFERENDUM. A. THE
RESIDENTS OF ANY TOWN, CITY, VILLAGE OR COUNTY, MAY CIRCULATE A PETITION
TO PROVIDE FOR THE DEDICATION OF A PARCEL OF PROPERTY LOCATED WITHIN
SUCH TOWN, CITY, VILLAGE OR COUNTY AS PARKLAND. SUCH PETITION SHALL
PROVIDE AN EXACT LEGAL DESCRIPTION OF THE PROPERTY, WHICH SHALL BE
EITHER PROPERTY OWNED BY THE TOWN, CITY, VILLAGE OR COUNTY, OR PROPERTY
OWNED BY A PERSON OR CORPORATION WHERE THE OWNER OR AUTHORIZED OFFICER
OF WHICH HAS MADE A SWORN AUTHORIZATION CONSENTING TO HAVE SUCH PARCEL
OF PROPERTY CONVERTED EXCLUSIVELY AND PERMANENTLY TO PARKLAND PURPOSES.
THE COMPLETE LEGAL DESCRIPTION OF SUCH PARCEL, WHICH SHALL BE DESIGNATED
ON THE PETITION AS "LEGAL DESCRIPTION OF PARKLAND TO BE PRESERVED" SHALL
BE PRINTED ON THE PETITION UNDER THE TITLE: "PETITION FOR PRESERVATION
OF PARKLAND BY PRESERVATION OF PARKLAND BY REFERENDUM."
B. IF THE PARCEL THAT IS SUBJECT OF THE PETITION IS OWNED BY:
1. THE TOWN, THEN THE PETITION MUST BE CIRCULATED IN THE TOWN, WITH
ONLY ENROLLED VOTERS OF THE TOWN BEING ELIGIBLE TO SIGN THE PETITION;
2. THE CITY, THEN THE PETITION MUST BE CIRCULATED IN THE CITY, WITH
ONLY ENROLLED VOTERS OF THE CITY BEING ELIGIBLE TO SIGN THE PETITION;
3. THE VILLAGE, THEN THE PETITION MUST BE CIRCULATED IN THE VILLAGE,
WITH ONLY ENROLLED VOTERS OF THE VILLAGE BEING ELIGIBLE TO SIGN THE
PETITION;
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD14221-02-2
S. 6494 2
4. THE COUNTY, THEN THE PETITION MUST BE CIRCULATED IN THE COUNTY,
WITH ONLY ENROLLED VOTERS OF THE COUNTY BEING ABLE TO SIGN THE PETITION;
OR
5. A PERSON OR CORPORATION, WHERE THE OWNER OR AUTHORIZED OFFICER OF
WHICH HAS MADE A SWORN AUTHORIZATION CONSENTING TO HAVE SUCH PARCEL OF
PROPERTY CONVERTED EXCLUSIVELY AND PERMANENTLY TO USE FOR PARKLAND
PURPOSES, THEN THE PETITION MAY BE CIRCULATED IN THE TOWN, CITY, VILLAGE
OR COUNTY IN WHICH THE PARCEL IS LOCATED, AT THE SELECTION OF THE PETI-
TIONERS, WITH ONLY ENROLLED VOTERS OF SUCH SELECTED TOWN, CITY, VILLAGE
OR COUNTY BEING ELIGIBLE TO SIGN THE PETITION.
C. FOR A PETITION UNDER THIS SECTION TO BE VALID, IT MUST CONTAIN THE
NAMES AND ADDRESSES OF THREE PERSONS WHO HAVE AGREED TO SERVE AS A
COMMITTEE TO RECEIVE NOTICES.
D. UPON THE CONCLUSION OF THE CIRCULATION OF SUCH PETITION DESCRIBED
IN SUBDIVISION A OF THIS SECTION, THE PETITION MAY BE FILED WITH THE
COUNTY OR CITY BOARD OF ELECTIONS IN WHICH THE PARCEL OF PARKLAND IS
LOCATED. SUCH PETITION MUST CONTAIN SIGNATURES OF REGISTERED VOTERS OF
SUCH TOWN, CITY, VILLAGE OR COUNTY IN WHICH IT WAS CIRCULATED, IN AN
AMOUNT OF:
1. NOT LESS THAN FIVE PERCENT OF THE TOTAL NUMBER OF ENROLLED VOTERS
OF THE TOWN, IF THE PETITION WAS CIRCULATED IN A TOWN, OR ONE THOUSAND
ENROLLED VOTERS OF THE TOWN, WHICHEVER IS LESS;
2. NOT LESS THAN FIVE PERCENT OF THE TOTAL NUMBER OF ENROLLED VOTERS
OF THE CITY, IF THE PETITION WAS CIRCULATED IN A CITY, OR ONE THOUSAND
ENROLLED VOTERS OF THE CITY, WHICHEVER IS LESS, UNLESS THE CITY CONTAINS
A POPULATION OF ONE MILLION OR MORE PEOPLE;
3. NOT LESS THAN FIVE PERCENT OF THE TOTAL NUMBER OF ENROLLED VOTERS
OF THE CITY, IF THE PETITION WAS CIRCULATED IN A CITY, OR FIVE THOUSAND
ENROLLED VOTERS OF THE CITY, WHICHEVER IS LESS, IF THE CITY CONTAINS A
POPULATION OF ONE MILLION OR MORE PEOPLE;
4. NOT LESS THAN FIVE PERCENT OF THE TOTAL NUMBER OF ENROLLED VOTERS
OF THE VILLAGE, IF THE PETITION WAS CIRCULATED IN A VILLAGE, OR FIVE
HUNDRED ENROLLED VOTERS OF THE VILLAGE, WHICHEVER IS LESS;
5. NOT LESS THAN FIVE PERCENT OF THE TOTAL NUMBER OF ENROLLED VOTERS
OF THE COUNTY, IF THE PETITION WAS CIRCULATED IN A COUNTY, OR FIFTEEN
HUNDRED ENROLLED VOTERS OF THE COUNTY, WHICHEVER IS LESS, UNLESS THE
COUNTY IS WHOLLY CONTAINED WITHIN A CITY; AND
6. NOT LESS THAN FIVE PERCENT OF THE TOTAL NUMBER OF ENROLLED VOTERS
OF THE COUNTY, IF THE PETITION WAS CIRCULATED IN A COUNTY, OR THREE
THOUSAND ENROLLED VOTERS OF THE COUNTY, WHICHEVER IS LESS, IF THE COUNTY
IS WHOLLY CONTAINED WITHIN A CITY.
E. FOR THE PETITION TO BE VALID IT MUST CONTAIN A SUFFICIENT NUMBER
OF SIGNATURES, AS SET FORTH IN PARAGRAPH D OF THIS SECTION, COLLECTED
WITHIN ONE HUNDRED TWENTY DAYS OF THE EARLIEST DATE OF A SIGNATURE ON
THE PETITION SO FILED. IF THE PETITION HAS A SIGNIFICANT NUMBER OF
SIGNATURES, THEN THE BOARD OF ELECTIONS SHALL PLACE A REFERENDUM ON THE
BALLOT, AT THE NEXT GENERAL ELECTION AT WHICH CANDIDATES APPEAR, ASKING
THE VOTERS WHETHER THE PARCEL WHICH IS SUBJECT OF THE PETITION SHALL BE
DEDICATED AS PARKLAND. IN THE REFERENDUM THE BOARD SHALL INCLUDE THE
LEGAL DESCRIPTION OF THE PROPERTY CONTAINED IN THE PETITION. IF THE
PETITION IS FILED WITH THE BOARD OF ELECTIONS AFTER THE TWENTIETH DAY IN
SEPTEMBER BUT BEFORE THE THIRTY-FIRST OF DECEMBER, THEN THE BOARD OF
ELECTIONS SHALL PLACE THE REFERENDUM ON THE BALLOT AT THE GENERAL
ELECTION AT WHICH CANDIDATES APPEAR OF THE FOLLOWING YEAR. THE REFEREN-
DUM SHALL APPEAR ON THE BALLOT OF THE TOWN, CITY, VILLAGE OR COUNTY IN
WHICH IT WAS CIRCULATED.
S. 6494 3
F. UPON THE CERTIFICATION OF THE ELECTION BY THE BOARD OF ELECTIONS,
IF THE BOARD OF ELECTIONS DETERMINES THAT THE ELECTORS OF THE TOWN,
CITY, VILLAGE OR COUNTY, HAVE VOTED IN FAVOR OF DEDICATING SUCH PARCEL
AS PARKLAND, THEN THE COMMISSIONERS OF THE BOARD OF ELECTIONS SHALL
NOTIFY THE CLERK OF SUCH DEDICATION OF SUCH PARCEL AS PARKLAND WITH THE
RECORDS OF THE TOWN, CITY, VILLAGE OR COUNTY, AND SUCH PARCEL SHALL
THEREAFTER BE DETERMINED TO BE DEDICATED AS PARKLAND CONSISTENT WITH THE
PUBLIC TRUST DOCTRINE OF THE CONSTITUTION OF THE STATE OF NEW YORK.
G. ANY PARKLAND DEDICATED BY MEANS OF A PETITION AND REFERENDUM UNDER
THIS SECTION MAY BE ALIENABLE PURSUANT TO AN ACT OF THE STATE LEGISLA-
TURE AS CONSISTENT WITH THE PUBLIC TRUST DOCTRINE OF THE CONSTITUTION OF
THE STATE OF NEW YORK.
S 2. This act shall take effect on the one hundred twentieth day after
it shall have become a law.