S T A T E O F N E W Y O R K ________________________________________________________________________ 1445--A 2013-2014 Regular Sessions I N S E N A T E (PREFILED) January 9, 2013 ___________ Introduced by Sens. FLANAGAN, SAVINO -- read twice and ordered printed, and when printed to be committed to the Committee on Investigations and Government Operations -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the public lands law, in relation to making surplus state-owned real property available to municipalities and counties THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: 1 Section 1. Subdivision 1 of section 33 of the public lands law, as 2 amended by chapter 360 of the laws of 1983, is amended to read as 3 follows: 4 1. (A) PRIOR TO THE PUBLIC SALE OF UNAPPROPRIATED STATE LAND, THE 5 DEPARTMENT MUST FIRST OFFER TO SELL SUCH LAND FOR FAIR MARKET VALUE TO 6 THE MUNICIPALITY IN WHICH IT IS LOCATED. THE GOVERNING BODY OF SUCH 7 MUNICIPALITY SHALL HAVE FORTY-FIVE DAYS IN WHICH TO ADVISE THE COMMIS- 8 SIONER OF GENERAL SERVICES WHETHER OR NOT IT WISHES TO ACQUIRE SUCH 9 UNAPPROPRIATED STATE LAND FOR A PUBLIC PURPOSE. IF IT WISHES TO ACQUIRE 10 SUCH UNAPPROPRIATED STATE LAND, SUCH MUNICIPALITY SHALL HAVE SIXTY DAYS 11 FROM SO NOTIFYING THE COMMISSIONER IN WHICH TO CONCLUDE THE NEGOTIATION 12 OF THE SALE. IF THE MUNICIPALITY NOTIFIES THE COMMISSIONER THAT IT DOES 13 NOT WISH TO ACQUIRE SUCH UNAPPROPRIATED STATE LAND, OR IF THE NEGOTI- 14 ATION FOR THE SALE THEREOF IS NOT CONCLUDED WITHIN THE SIXTY DAY PERIOD 15 PROVIDED THEREFOR, THE COMMISSIONER SHALL OFFER SUCH UNAPPROPRIATED 16 STATE LAND FOR SALE TO THE COUNTY (EXCEPT A COUNTY WHOLLY CONTAINED 17 WITHIN A CITY) IN WHICH SUCH UNAPPROPRIATED STATE LAND IS LOCATED. THE 18 GOVERNING BODY OF SUCH COUNTY SHALL HAVE FORTY-FIVE DAYS IN WHICH TO 19 ADVISE THE COMMISSIONER WHETHER OR NOT IT WISHES TO ACQUIRE SUCH UNAP- 20 PROPRIATED STATE LAND FOR A PUBLIC PURPOSE. IF IT WISHES TO ACQUIRE SUCH 21 UNAPPROPRIATED STATE LAND, THE COUNTY SHALL HAVE SIXTY DAYS FROM SO 22 NOTIFYING THE COMMISSIONER IN WHICH TO CONCLUDE THE NEGOTIATION OF THE EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD04516-03-3 S. 1445--A 2 1 SALE. IF SUCH UNAPPROPRIATED STATE LAND IS NOT TO BE SOLD TO A MUNICI- 2 PALITY OR COUNTY FOR A PUBLIC PURPOSE AS PROVIDED IN THIS PARAGRAPH, 3 SUCH UNAPPROPRIATED STATE LAND MAY BE DISPOSED OF PURSUANT TO PARAGRAPH 4 (B) OF THIS SUBDIVISION. FOR THE PURPOSES OF THIS SECTION "MUNICIPALITY" 5 SHALL MEAN A CITY, TOWN, OR VILLAGE. 6 (B) The commissioner of general services may, from time to time, sell 7 unappropriated state lands at public auction or by sealed bids in such 8 parcels as he deems for the best interests of the state. Previous to 9 every sale, he shall fix the lowest sum at which each lot may be sold, 10 and shall designate at least one newspaper in the county where the lands 11 to be sold are situated, in which the commissioner shall cause notice of 12 the time, place and description of sale to be published, at least once a 13 week for four weeks, successively, before the sale. Such notice need not 14 be published in any other paper or papers, and any statute requiring 15 additional publication of notices or advertisements by state officers or 16 a department, board, bureau or commission of the state shall not apply 17 to such notice. The commissioner may designate a representative of his 18 office to conduct such sale. All such sales shall be held at the county 19 seat of the county where the property is situated, unless otherwise 20 directed by the commissioner. 21 Upon such sales of unappropriated state land to a purchaser procured 22 by any licensed real estate broker and the payment of the purchase price 23 in the amount offered by such broker in behalf of the purchaser, the 24 commissioner of general services is authorized to pay, subject to such 25 terms and conditions as the commissioner may prescribe, a commission to 26 such broker out of monies available therefor. Uniform rates of commis- 27 sion shall, from time to time, be fixed by the commissioner but shall 28 not exceed six percentum of the purchase price. No commission shall be 29 paid for the procuring of any sale unless (1) written authority of the 30 broker to make such offer on a form acceptable to the commissioner, 31 signed by the person for whom he is acting, shall be filed with the 32 commissioner before the day of the sale and unless (2) the broker shall 33 furnish to the commissioner evidence in such form and extent as he may 34 require establishing that the purchaser was procured as the result of 35 the broker's services. In no event shall a broker who is paid a commis- 36 sion by the commissioner as herein provided accept any other commission 37 or fee from any person or source for brokerage services relating to the 38 sale of such unappropriated state land. 39 S 2. This act shall take effect January 1, 2014.