senate Bill S706

2011-2012 Legislative Session

Clarifies the state's obligation to make payments with respect to certain lands

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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 environmental conservation
Jan 05, 2011 referred to environmental conservation

S706 - Bill Details

See Assembly Version of this Bill:
A2124
Current Committee:
Senate Environmental Conservation
Law Section:
Environmental Conservation
Laws Affected:
Amd §4, Chap 774 of 1989; amd §1, Chap 99 of 2010
Versions Introduced in 2009-2010 Legislative Session:
S8407, A11480A

S706 - Bill Texts

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Clarifies the state's obligation to make payments with respect to certain lands acquired by the department of environmental conservation.

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BILL NUMBER:S706

TITLE OF BILL:
An act
to amend chapter 774 of the laws of 1989 amending the real property tax
law relating to certain state lands subject to taxation, in relation to
clarifying the state's obligation to make payments with respect to
certain lands; and to amend chapter 99 of the laws of 2010, relating
to making appropriations for the support of government, in relation
to taxes on public lands

PURPOSE:
The purpose of this bill is to clarify the state's responsibility for
certain tax payments and payments in lieu of taxes for certain lands
acquired.

EXISTING LAW:
Chapter 774 of the laws of 1989 requires the state to make payments in
lieu of taxes (PILOT) to certain counties, towns and school districts
in the event that the state of New York acting through the DEC
acquires specific lands within the Hemlock and Canadice Lakes
watershed from the city of Rochester.

SUMMARY OF SPECIFIC PROVISIONS:
Section 1 of this bill amends section 4 of Chapter 774 of the Laws of
1989 to clarify that any payments in lieu of taxes due by the State
on real property acquired by the Department of Environmental
conservation (DEC) that is subject to agreements entered into, by and
between the City of Rochester and the Livingston County, the towns of
Conesus and Livonia and the Livonia Central School District effective
January 1, 1989, as specified in section 3 of such chapter law,
shall, in the absence of any specific appropriation for that purpose
be encompassed in the amount appropriated for payments of taxes on
state lands pursuant to sections 532 through 546 of the Real property
Tax Law. The bill further provides that any payments and assessments
shall not be subject to the approval of the state Beard of Real
Property Services.

Section 2 makes a technical amendment to the 2010 budget, authorizing
state appropriations to make payments levied under in Section 1 of
this legislation.

Section 3 sets an immediate effective date.

JUSTIFICATION:
While existing law (Chapter 774 of the Laws of 1989) requires the
state to make PILOT payments for certain lands in the Hemlock and
Canandice lake watersheds in the event such lands are acquired by the
state acting through DEC, this legislation clarifies that the state
will make such PILOTs from the amount appropriated for payments of
taxes on state lands s in accordance with the provisions of Section
532 through 546 of the
Real Property Tax Law in the absence of a specific appropriation for
such purpose.


This clarification of the existing law will ensure that the state is
able to meet its current obligation to make payments in lieu of taxes
pursuant to the statutory language that has been in effect since 1989.

PRIOR LEGISLATIVE HISTORY:
2010 Referred to Rules

FISCAL IMPLICATIONS:
Minimal.

EFFECTIVE DATE:
This act shall take effect immediately.

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

                                   706

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced  by  Sen.  ROBACH -- read twice and ordered printed, and when
  printed to be committed to the Committee on Environmental Conservation

AN ACT to amend chapter 774 of the laws of 1989 amending the real  prop-
  erty  tax  law relating to certain state lands subject to taxation, in
  relation to clarifying the state's obligation to  make  payments  with
  respect to certain lands; and to amend chapter 99 of the laws of 2010,
  relating  to  making  appropriations for the support of government, in
  relation to taxes on public lands

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

  Section  1.  Section 4 of chapter 774 of the laws of 1989 amending the
real property tax law relating to certain state lands subject  to  taxa-
tion is amended to read as follows:
  S  4.  The  agreements  referred to in section three of this act shall
[enure] INURE to the benefit of and bind the people of the state of  New
York  in  the  event that the lands which are the subject of said agree-
ments are acquired by the people of the state of New York acting through
the department of environmental conservation. Upon  any  acquisition  of
such   lands  by  the  department  of  environmental  conservation,  the
provisions of section 532 of the real property tax law shall  not  apply
to the lands so acquired but the [taxation thereof] PAYMENTS DUE THEREON
shall be governed by the agreements referred to in section three of this
act  for  the duration of such agreement.  IN THE EVENT THAT NO SPECIFIC
APPROPRIATION SHALL HAVE BEEN MADE FOR THAT PURPOSE, THE  AMOUNT  APPRO-
PRIATED  FOR  PAYMENTS  OF TAXES ON STATE LANDS PURSUANT TO SECTIONS 532
THROUGH 546 OF THE REAL PROPERTY TAX LAW SHALL BE  DEEMED  TO  ENCOMPASS
THE  STATE'S  OBLIGATION  TO MAKE THE PAYMENTS REQUIRED BY THIS SECTION,
NOTWITHSTANDING ANY LAW TO THE  CONTRARY,  PROVIDED  THAT  NEITHER  SUCH
PAYMENTS  NOR  THE  ASSESSMENTS  OF  THE  PARCELS TO WHICH SUCH PAYMENTS
RELATE SHALL BE SUBJECT TO THE APPROVAL OF THE STATE BOARD OF REAL PROP-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02064-01-1

S. 706                              2

ERTY SERVICES. The taxation of such  lands  will  be  governed  by  such
section 532 at such time as the agreements cease to be effective.
  S  2.  Section 1 of chapter 99 of the laws of 2010, relating to making
appropriations for the support of government,  is  amended  to  read  as
follows:

           MISCELLANEOUS - ALL STATE DEPARTMENTS AND AGENCIES

                          GENERAL STATE CHARGES

General Fund/State Operations
State Purposes Account - 003

GENERAL STATE CHARGES ........................................ 5,000,000
                                                          --------------

Notwithstanding any law to the contrary, for
  taxes  on public lands and payments pursu-
  ant to sections 532  through  546  of  the
  real  property  tax  law [(09TX10ER)], AND
  PAYMENTS PURSUANT TO SECTION 4 OF  CHAPTER
  774 OF THE LAWS OF 1989....................... 5,000,000
                                            --------------
  S 3. This act shall take effect immediately.

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