senate Bill S5209

2013-2014 Legislative Session

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

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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 08, 2014 referred to finance
returned to senate
died in assembly
Jun 13, 2013 referred to ways and means
delivered to assembly
passed senate
Jun 10, 2013 advanced to third reading
Jun 05, 2013 2nd report cal.
Jun 04, 2013 1st report cal.1009
May 14, 2013 referred to finance

Votes

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Co-Sponsors

S5209 - Bill Details

See Assembly Version of this Bill:
A7493
Current Committee:
Law Section:
State Finance Law
Laws Affected:
Add ยง54-m, St Fin L

S5209 - Bill Texts

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

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BILL NUMBER:S5209

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 Madison, Oneida,
Cayuga and Seneca to receive reimbursement from New York State on a
year to year basis fox property taxes that Indian Nations refuse 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 Madison, Oneida,
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. 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 counties 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

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

                                  5209

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              May 14, 2013
                               ___________

Introduced  by Sens. NOZZOLIO, GRIFFO, SEWARD, VALESKY -- read twice and
  ordered printed, and when printed to be committed to the Committee  on
  Finance

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 MADISON,  ONEI-
DA, 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.
                                                           LBD10700-01-3

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