senate Bill S4914

2011-2012 Legislative Session

Provides for payment of state aid on account of state lands in the counties of Cayuga, Seneca and Wayne comprising the northern Montezuma wildlife management area

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Archive: Last Bill Status - In Committee


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 04, 2012 referred to investigations and government operations
Apr 29, 2011 referred to investigations and government operations

S4914 - Bill Details

See Assembly Version of this Bill:
A8011
Current Committee:
Law Section:
Public Lands Law
Laws Affected:
Add §19-c, Pub Lds L
Versions Introduced in 2009-2010 Legislative Session:
S3277, A5573

S4914 - Bill Texts

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Directs state aid to be payable to any municipal corporation or special district that contains land in the counties of Cayuga, Seneca and Wayne comprising the northern Montezuma wildlife management area.

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BILL NUMBER:S4914

TITLE OF BILL:
An act
to amend the public lands law, in relation to the payment of
state aid on account of state lands in the counties of Cayuga, Seneca
and Wayne comprising the northern Montezuma wildlife management area

PURPOSE:
The purpose of this bill is to provide for the payment of State aid to
State lands under the jurisdiction of the DEC located in the counties
of Cayuga, Seneca and Wayne comprising the Northern Montezuma
Wildlife Management Area.

SUMMARY OF PROVISIONS:
Bill section one would provide for the payment of State aid on State
lands under the jurisdiction of the DEC located in the counties of
Cayuga, Seneca and Wayne comprising the Northern Montezuma wildlife
Management Area. The amount of State aid would be determined by
applying the annual tax relief rate(s) for each taxing district in
which the property is located to the assessed value of the lands as
entered on the 1999 town assessment rolls, adjusted for any change in
the level of assessment. Payments would be made on lands now owned by
the State and also on lands that are acquired· in the future.

Bill section 2 would make the bill effective immediately and provide
that the first payment of State aid would be based upon assessment
rolls completed in the year 2004.

EXISTING LAW:
Sections 19a and 19b of the Public Lands Law currently provide for the
payment of State aid on account of certain State lands, and sections
532, 534 and 536 of the Real Property Tax Law make certain State
lands taxable for some or all local government purposes. However,
none of those sections apply to state lands in the counties of
Cayuga, Seneca or Wayne comprising the Northern Montezuma wildlife
Management Area.

JUSTIFICATION:
The lands that would be the subject of State aid payments are clearly
of a Statewide benefit. The Northern Montezuma wildlife Management
Area (NMWMA) is an important part of the very unique Montezuma
Wetlands Complex and is included in one of only six State Bird
Conservation Areas. The entire Complex totals 16,779 acres of land
and is managed through the cooperative effort of DEC, the United
States Fish and wildlife Service and private individuals and
organizations. DEC manages approximately 6,450 acres.

The NMWMA, along with the remainder of the complex, provides critical
habitat for resident and migratory water birds, songbirds, raptors
and other wildlife including many rare and protected species such as
the endangered peregrine falcon, black tern and short-eared owl, the
threatened bald eagle, pied-billed grebe, least bittern and northern
harrier, and the American bittern, osprey and cerulean warbler which
are of special concern. The area also is one of the most significant
stopover and foraging locations for shorebirds in upstate New York,


regularly hosting 1,000 or more of such individuals from over 25
species. Moreover, the area also supports breeding colonies of great
blue herons and black-crowned night herons, and hosts one of the
largest fall swallow concentrations in the state. In addition to
providing habitat to scores of wildlife, the area provides
recreation, education and interpretive opportunities to an estimated
150,000 visitors annually, including 10,000 children on school trips.
with the completion of the recently announced Crusoe center, these
opportunities will be significantly expanded in the future.

Despite the many state-wide benefits provided by the area, the impact
of the current status of the lands as exempt from real property
taxation falls solely on the owners of taxable real property within
the municipalities. This bill would remedy this situation by
providing state aid payments based upon the applicable local tax
rate(s) in any given year, as applied against the assessments of
those lands on the 1999 final assessment roll of the town(s) in which
the lands are located payments would be made on the lands now owned
by the state, such as those mentioned above, as well as on future
acquisitions under the jurisdiction of DEC.

PRIOR LEGISLATIVE HISTORY:
S.6166 of 2004
S.1947 of 2005/2006
S.326 of 2007/2008
S.3277 of 2009/2010

FISCAL IMPLICATIONS:
Based upon 1999-2000 school tax rates, and 2000 county and town tax
rates, it is estimated that the amount of state aid that would be due
under this bill would be approximately $86,000.

EFFECTIVE DATE:
Immediately.

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

                                  4914

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             April 29, 2011
                               ___________

Introduced  by Sen. NOZZOLIO -- read twice and ordered printed, and when
  printed to be committed to the Committee on Investigations and Govern-
  ment Operations

AN ACT to amend the public lands law, in  relation  to  the  payment  of
  state  aid on account of state lands in the counties of Cayuga, Seneca
  and Wayne comprising the northern Montezuma wildlife management area

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

  Section  1.  The  public  lands law is amended by adding a new section
19-c to read as follows:
  S 19-C. STATE AID; STATE LANDS COMPRISING THE NORTHERN MONTEZUMA WILD-
LIFE MANAGEMENT AREA.   1. STATE  AID  SHALL  BE  PAYABLE  ANNUALLY,  AS
PROVIDED  IN  THIS  SECTION,  TO  ANY  MUNICIPAL  CORPORATION OR SPECIAL
DISTRICT, AS SUCH TERMS ARE DEFINED IN SECTION ONE HUNDRED  TWO  OF  THE
REAL  PROPERTY  TAX LAW AND HEREINAFTER COLLECTIVELY REFERRED TO AS "TAX
DISTRICT", THAT CONTAINS LAND IN THE  COUNTIES  OF  CAYUGA,  SENECA  AND
WAYNE  COMPRISING  THE NORTHERN MONTEZUMA WILDLIFE MANAGEMENT AREA OWNED
BY THE STATE AND UNDER THE JURISDICTION OF THE  DEPARTMENT  OF  ENVIRON-
MENTAL CONSERVATION.
  2.  THE  STATE  AID  SO PAYABLE SHALL BE EQUAL TO THE TAXES THAT WOULD
HAVE BEEN IMPOSED BY APPLYING THE CURRENT TAX RATE FOR THE TAX  DISTRICT
TO  THE  ASSESSMENT  OF  THE LAND IN THE DISTRICT, EXCLUSIVE OF IMPROVE-
MENTS, UNDER THE JURISDICTION OF THE DEPARTMENT OF ENVIRONMENTAL CONSER-
VATION APPEARING ON THE APPROPRIATE TOWN ASSESSMENT  ROLL  COMPLETED  IN
TWO  THOUSAND  THREE,  WHENEVER  ACQUIRED BY THE STATE, ADJUSTED FOR ANY
CHANGE IN LEVEL OF ASSESSMENT.
  3. STATE AID SHALL BE PAYABLE UPON APPLICATION OF THE COUNTY TREASURER
ON BEHALF OF THE TAX DISTRICTS  TO  THE  STATE  COMPTROLLER  ON  A  FORM
PRESCRIBED  BY  THE STATE COMPTROLLER CONTAINING SUCH INFORMATION AS THE
STATE COMPTROLLER SHALL REQUIRE.
  S 2. This act shall take effect immediately and the first  payment  of
state aid shall be based upon assessment rolls completed in 2011.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00600-01-1

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