NY State Senate Bill 2013-S1759

Senate Bill S1759

Signed By Governor

2013-2014 Legislative Session

Includes the trustees of the freeholders and commonalty of the towns of Southampton, East Hampton and Southold as municipal corporations for the purposes of section 72-h of the general municipal law

download bill text pdf

Archive: Last Bill Status - Signed by Governor

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Oct 21, 2013	signed chap.387
Oct 09, 2013	delivered to governor
Apr 29, 2013	returned to senate passed assembly ordered to third reading cal.190 substituted for a1221
Feb 27, 2013	referred to local governments delivered to assembly passed senate
Feb 12, 2013	advanced to third reading
Feb 11, 2013	2nd report cal.
Feb 05, 2013	1st report cal.46
Jan 09, 2013	referred to local government

Votes

- Feb 27, 2013 - Floor Vote
  S1759
  
  62
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Feb 27, 2013
      
      aye (62)
      
      Adams
      
      Addabbo Jr.
      
      Avella
      
      Bonacic
      
      Boyle
      
      Breslin
      
      Carlucci
      
      DeFrancisco
      
      Diaz
      
      Dilan
      
      Espaillat
      
      Farley
      
      Felder
      
      Flanagan
      
      Fuschillo
      
      Gallivan
      
      Gianaris
      
      Gipson
      
      Golden
      
      Griffo
      
      Grisanti
      
      Hannon
      
      Hassell-Thompson
      
      Hoylman-Sigal
      
      Kennedy
      
      Klein
      
      Krueger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Latimer
      
      Libous
      
      Little
      
      Marcellino
      
      Marchione
      
      Martins
      
      Maziarz
      
      Montgomery
      
      Nozzolio
      
      O'Brien
      
      O'Mara
      
      Parker
      
      Peralta
      
      Perkins
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Sampson
      
      Sanders Jr.
      
      Savino
      
      Serrano
      
      Seward
      
      Skelos
      
      Smith
      
      Squadron
      
      Stavisky
      
      Stewart-Cousins
      
      Tkaczyk
      
      Valesky
      
      Young
      
      Zeldin
      
      excused (1)
      
      Ball
  Feb 5, 2013 - Local Government Committee Vote
  S1759
  
  8
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Local Government Committee Vote: Feb 5, 2013
      
      aye (8)
      
      Ball
      
      Boyle
      
      Gipson
      
      Latimer
      
      Marchione
      
      Martins
      
      O'Brien
      
      Ritchie

2013-S1759 (ACTIVE) - Details

See Assembly Version of this Bill:: A1221
Law Section:: General Municipal
Versions Introduced in 2011-2012 Legislative Session:: S6917, A9808

2013-S1759 (ACTIVE) - Summary

Includes the trustees of the freeholders and commonalty of the towns of Southampton, East Hampton and Southold as municipal corporations for the purposes of section 72-h of the general municipal law.

2013-S1759 (ACTIVE) - Sponsor 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.

2013-S1759 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

    S. 1759                                                  A. 1221

                       2013-2014 Regular Sessions

                      S E N A T E - A S S E M B L Y

                               (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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