Senate Bill S1012

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

                                  1012

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

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

AN ACT to amend the state finance law and the environmental conservation
  law, in relation to enacting the "Adirondack sportsmen's club  preser-
  vation act"

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

  Section 1. Short title. This act shall be known and may  be  cited  as
the "Adirondack sportsmen's club preservation act".
  S  2.  Legislative findings. The legislature hereby finds that hunting
and fishing camps are an important fabric of the  Adirondacks.    Gener-
ations of families have been traveling to the Adirondacks to participate
in  these  important  American pastimes. The economy of this area of the
state is dependent on tourism and recreational activities.  It is  esti-
mated  that  tens  of  millions of dollars annually is injected into the
local economy from members of sportsmen's clubs through the purchase  of
goods  and  services.  Not  only is there an economic benefit from these
clubs, their members are true stewards of the land, and  provide  impor-
tant environmental and habitat preservation.
  The provisions of this act, in the case of the conveyance of privately
owned  land  to the state of New York when a sportsmen's club is located
upon such land, is intended to grant any such club the  right  of  first
refusal  to purchase or attain a long term lease of the land utilized by
the club and additional land including, but not  limited  to,  a  deeded
right  of way at fair market value. Sportsmen's clubs shall be deemed to
retain exclusive access to and usage rights  for  hunting  and  fishing,
while  allowing  public access to the land for other recreational activ-
ities.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01123-01-3

              

S. 1012                             2

  S 3. Paragraph (d) of subdivision 6  of  section  92-s  of  the  state
finance  law,  as  amended  by section 13 of part E of chapter 61 of the
laws of 2000, is amended to read as follows:
  (d) Moneys from the open space account shall be available, pursuant to
appropriation,  for  any open space land conservation project UNDERTAKEN
WITH A WILLING SELLER, bio-diversity stewardship and  research  pursuant
to chapter five hundred fifty-four of the laws of nineteen hundred nine-
ty-three,  for  the  purposes  of  agricultural  and farmland protection
activities as authorized by article twenty-five-AAA of  the  agriculture
and  markets law, non-point source abatement and control projects pursu-
ant to section 17-1409 of the environmental conservation law and section
eleven-b of the soil and water  conservation  districts  law,  for  Long
Island  Central  Pine  Barrens  area planning or Long Island south shore
estuary reserve planning pursuant to title thirteen  of  article  fifty-
four  of  the  environmental  conservation  law,  and  for operation and
management of the Albany  Pine  Bush  preserve  commission  pursuant  to
subdivision  two  of  section  54-0303 of the environmental conservation
law.  PROVIDED, THAT SUCH MONEYS SHALL NOT BE USED TO ACQUIRE  LANDS  ON
WHICH  HUNTING AND FISHING CAMPS ARE LOCATED IF THE LEASE AGREEMENTS ARE
TO BE DISCONTINUED.
  S 4. Section 54-0301 of the environmental conservation law,  as  added
by chapter 610 of the laws of 1993, is amended to read as follows:
S 54-0301. [Definitions] DEFINITION.
  For  purposes  of  this title, "open space land conservation projects"
shall mean acquisition projects UNDERTAKEN WITH WILLING SELLERS, includ-
ing the purchase of conservation easements undertaken by the commission-
er and/or the commissioner  of  the  office  of  parks,  recreation  and
historic  preservation  listed  in the state open space land acquisition
plan prepared pursuant to title 2 of article 49 of this chapter.
  S 5. Subdivision 6 of section 54-0303 of the  environmental  conserva-
tion  law,  as  added  by chapter 610 of the laws of 1993, is amended to
read as follows:
  6. [No monies shall be expended for acquisition by] THE USE OF eminent
domain [of] IN CONNECTION WITH any open space land conservation  project
[except  in  accordance with the state land acquisition policy set forth
in section 49-0203 of this chapter]  SHALL  BE  LIMITED  TO  LANDS  WITH
RESPECT  TO  WHICH  THE OWNER OR LEASEHOLDER HAS CONSENTED TO THE USE OF
EMINENT DOMAIN OR WHERE THE USE OF EMINENT DOMAIN IS REQUIRED  TO  QUIET
TITLE.
  S 6. This act shall take effect immediately.