|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Jun 10, 2014||referred to ways and means|
delivered to assembly
|May 28, 2014||advanced to third reading|
|May 21, 2014||2nd report cal.|
|May 20, 2014||1st report cal.851|
|Jan 08, 2014||referred to finance|
returned to senate
died in assembly
|Jun 24, 2013||referred to ways and means|
|Jun 21, 2013||delivered to assembly|
ordered to third reading cal.1630
|Jun 18, 2013||referred to rules|
senate Bill S5864
Provides state assistance to certain counties in which an Indian nation is located
Archive: Last Bill Status - Passed Senate
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
view actions (14)
Jun 10, 2014 - floor VoteS5864535floor53Aye5Nay0Absent3Excused0Abstained
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Floor Vote: Jun 10, 2014aye (53)
May 20, 2014 - Finance committee VoteS5864255committee25Aye5Nay7Aye with Reservations0Absent0Excused0Abstained
Jun 21, 2013 - floor VoteS5864612floor61Aye2Nay0Absent0Excused0Abstained
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Floor Vote: Jun 21, 2013aye (61)
Jun 21, 2013 - Rules committee VoteS5864211committee21Aye1Nay3Aye with Reservations0Absent0Excused0Abstained
- show floor vote details
S5864 - Bill Details
- See Assembly Version of this Bill:
- Current Committee:
- Law Section:
- State Finance Law
- Laws Affected:
- Add §54-m, St Fin L
S5864 - Bill Texts
Provides state assistance to the counties of Cayuga and Seneca in which an Indian nation is located.
view sponsor memo
TITLE OF BILL:
to amend the state finance law, in relation to state
assistance to certain counties in which an Indian nation is located
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.
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
To be determined county by county on yearly basis.
LOCAL FISCAL IMPLICATIONS:
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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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