Bill Text: NY S04908 | 2011-2012 | General Assembly | Introduced

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Bill Title: Requires municipalities which sell, transfer or lease community garden real property to use proceeds therefrom for community garden purposes.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2012-01-04 - REFERRED TO AGRICULTURE [S04908 Detail]

Download: New_York-2011-S04908-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         4908
                              2011-2012 Regular Sessions
                                   I N  S E N A T E
                                    April 29, 2011
                                      ___________
       Introduced  by  Sen.  KLEIN  -- read twice and ordered printed, and when
         printed to be committed to the Committee on Agriculture
       AN ACT to amend the agriculture and markets law, in relation to  provid-
         ing assistance for community gardens
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. The agriculture and markets law is amended by adding a  new
    2  section 31-j to read as follows:
    3    S  31-J.  SALE  OF COMMUNITY GARDENS PROPERTY. WHENEVER A MUNICIPALITY
    4  SELLS, TRANSFERS OR LEASES REAL PROPERTY WHICH WAS USED AS  A  COMMUNITY
    5  GARDEN  AT  ANY  TIME  WITHIN FIVE YEARS PRIOR TO SUCH SALE, TRANSFER OR
    6  LEASE, AND SUCH REAL PROPERTY BEING SOLD, TRANSFERRED OR LEASED WILL  BE
    7  USED  FOR  A  PURPOSE OTHER THAN COMMUNITY GARDEN PURPOSES, SUCH MUNICI-
    8  PALITY SHALL DEPOSIT TWENTY PERCENT OF  THE  PROCEEDS  FROM  SUCH  SALE,
    9  TRANSFER OR LEASE INTO A SEPARATE ACCOUNT TO BE DESIGNATED THE "COMMUNI-
   10  TY  GARDENS ACCOUNT".  FUNDS FROM SUCH ACCOUNT SHALL BE USED EXCLUSIVELY
   11  FOR THE PURPOSES OF PURCHASING, ACQUIRING OR LEASING REAL PROPERTY TO BE
   12  USED AS COMMUNITY GARDENS, OR COSTS FOR IMPROVING COMMUNITY GARDEN PROP-
   13  ERTY.  IN ADDITION, SUCH FUNDS MAY BE USED TO PROVIDE SUPPLIES AND MATE-
   14  RIALS NEEDED BY COMMUNITY GARDENS AND PROVIDING TECHNICAL AND  FINANCIAL
   15  ASSISTANCE, IN CONSULTATION WITH THE OFFICE, TO NOT-FOR-PROFIT ORGANIZA-
   16  TIONS,  NEIGHBORHOOD ASSOCIATIONS, SCHOOLS AND OTHER GROUPS THAT SPONSOR
   17  OR PROPOSE TO SPONSOR A COMMUNITY GARDEN.
   18    S 2. This act shall take effect on the one hundred eightieth day after
   19  it shall have become a law.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD02478-02-1