senate Bill S5864

Provides state assistance to certain counties in which an Indian nation is located

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 18 / Jun / 2013
    • REFERRED TO RULES
  • 21 / Jun / 2013
    • ORDERED TO THIRD READING CAL.1630
  • 21 / Jun / 2013
    • PASSED SENATE
  • 21 / Jun / 2013
    • DELIVERED TO ASSEMBLY
  • 24 / Jun / 2013
    • REFERRED TO WAYS AND MEANS
  • 08 / Jan / 2014
    • DIED IN ASSEMBLY
  • 08 / Jan / 2014
    • RETURNED TO SENATE
  • 08 / Jan / 2014
    • REFERRED TO FINANCE
  • 20 / May / 2014
    • 1ST REPORT CAL.851
  • 21 / May / 2014
    • 2ND REPORT CAL.
  • 28 / May / 2014
    • ADVANCED TO THIRD READING
  • 10 / Jun / 2014
    • PASSED SENATE
  • 10 / Jun / 2014
    • DELIVERED TO ASSEMBLY
  • 10 / Jun / 2014
    • REFERRED TO WAYS AND MEANS

Summary

Provides state assistance to the counties of Cayuga and Seneca in which an Indian nation is located.

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Bill Details

See Assembly Version of this Bill:
A8087
Versions:
S5864
Legislative Cycle:
2013-2014
Current Committee:
Law Section:
State Finance Law
Laws Affected:
Add ยง54-m, St Fin L

Sponsor Memo

BILL NUMBER:S5864

TITLE OF BILL:
An act
to amend the state finance law, in relation to state
assistance to certain counties in which an Indian nation is located

PURPOSE:

This bill provides a mechanism for the counties of Cayuga and
Seneca to receive reimbursement from New York State on a year to year
basis for property taxes that the Cayuga Indian Nation refuses to
pay. Although these tax revenues remain uncollected, counties are
required to pay municipalities and school districts within such
counties amounts equal to-such uncollected taxes, even though such
taxes have not been remitted by certain Indian Nations. This Bill
would make the counties whole for these property tax shortfalls.

SUMMARY OF PROVISIONS:

Section 1. Amends the state finance law by
adding new section 54-m - State assistance to eligible counties in
which an Indian Nation is located. This section creates a new
appropriation in the next fiscal year which provides funds to the
eligible counties of Cayuga, and Seneca for reimbursement of monies
expended by them to pay municipalities and school districts tax
revenue due from Indian Nations but unpaid by Indian Nations and
uncollectable by judicial proceedings.

Section 2. Contains the Effective Date -immediately.

JUSTIFICATION:

In a decision dated August 20, 2012, United States District Court
Judge Charles J. Siragusa granted the Cayuga Indian Nation of New
York a preliminary injunction prohibiting Seneca County from
foreclosing on certain real property owned by the Nation within the
boundaries of the 64,000-acre Cayuga Indian Reservation acknowledged
by the 1794 Treaty of Canandaigua.

The Court followed the Second Circuit Court of Appeal's decision in
Oneida Indian Nation of New York v. Madison County and Oneida County,
605 F.3d 149 (2d Cir. 2010) in holding that the doctrine of tribal
sovereign immunity from suit precludes the foreclosure actions
against the Cayuga Nation.

This decision is currently being appealed by Seneca County and will
take many years before resolutions of these claims are reached.
During the pendency of this case, counties are prohibited from
foreclosing on lands owned or recently acquired by Indian Nations.
This decision causes a significant hardship on the affected counties.
Indian Nations are actively acquiring properties on the open market

and then claiming immunity from property taxation. Regardless of
whether or not property taxes are collected from an Indian nation,
counties are required by law to pay the amount equal to those
uncollected taxes to school districts and municipalities in each
county. Under this scenario counties are left with large expenditures
with no revenue to offset them. These expenditures cause the
taxpayers of each county to suffer a higher property tax burden.

This Bill provides a mechanism for Cayuga County and Seneca County to
seek reimbursement from the State for these expenditures. Ultimately,
the resolution of these Indian claims is a federal matter and should
be funded by our federal government. Until, our federal government
takes responsibility for these unresolved Indian controversies, the
State of New York should bear the burden of Indian claims of immunity
from taxation and provide relief to local taxpayers of this
tremendous burden.

LEGISLATIVE HISTORY:

New.

FISCAL IMPLICATIONS:

To be determined county by county on yearly basis.

LOCAL FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

Immediate.

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

                                  5864

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              June 18, 2013
                               ___________

Introduced  by Sen. NOZZOLIO -- read twice and ordered printed, and when
  printed to be committed to the Committee on Rules

AN ACT to amend the state finance law, in relation to  state  assistance
  to certain counties in which an Indian nation is located

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The state finance law is amended by adding  a  new  section
54-m to read as follows:
  S  54-M.  STATE  ASSISTANCE  TO  ELIGIBLE  COUNTIES IN WHICH AN INDIAN
NATION IS LOCATED. 1. DEFINITIONS. WHEN USED  IN  THIS  SECTION,  UNLESS
OTHERWISE  EXPRESSLY  STATED,  "ELIGIBLE  COUNTY"  SHALL MEAN CAYUGA AND
SENECA COUNTIES.
  2. WITHIN THE AMOUNT APPROPRIATED THEREFOR, AN ELIGIBLE  COUNTY  SHALL
RECEIVE  AN  AMOUNT  EQUAL  TO  ITS  PRIOR YEAR PAYMENTS MADE TO MUNICI-
PALITIES AND SCHOOL DISTRICTS FOR PROPERTY TAXES LEVIED UPON  AN  INDIAN
NATION BUT UNPAID BY SUCH INDIAN NATION.
  3.  STATE  AID  PAYMENTS  MADE  TO AN ELIGIBLE COUNTY PURSUANT TO THIS
SECTION SHALL BE USED TO MAKE AN ELIGIBLE COUNTY WHOLE  FOR  PAYMENT  OF
UNCOLLECTED TAXES TO MUNICIPALITIES AND SCHOOL DISTRICTS THEREIN AND MAY
BE DEPOSITED INTO AN ELIGIBLE COUNTY'S FUND WITHOUT RESTRICTIONS.
  4.  PAYMENTS OF STATE AID PURSUANT TO THIS SECTION SHALL BE MADE ON OR
BEFORE JUNE THIRTIETH OF EACH STATE FISCAL  YEAR  TO  THE  CHIEF  FISCAL
OFFICER  OF  EACH  ELIGIBLE COUNTY AND ON AUDIT AND WARRANT OF THE STATE
COMPTROLLER OUT OF MONEYS  APPROPRIATED  BY  THE  LEGISLATURE  FOR  SUCH
PURPOSE  TO  THE CREDIT OF THE LOCAL ASSISTANCE FUND IN THE GENERAL FUND
OF THE STATE TREASURY.
  S 2. This act shall take effect immediately.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10700-02-3

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