S1012-2013 Actions

• Jan 9, 2013: REFERRED TO FINANCE

S1012-2013 Memo

BILL NUMBER:S1012

TITLE OF BILL:
An act
to amend the state finance law and the environmental conservation law,
in relation to enacting the "Adirondack sportsmen's club preservation
act"

PURPOSE:
To establish the "Adirondack sportsmen's club preservation act."

SUMMARY OF PROVISIONS:
Section 1- Contains the short title.

Section 2- States the legislative findings. The provisions of this act
are 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 activities.

Section 3- Amends paragraph (d) of subdivision 6 of section 92-s of
the state finance law, stating that the moneys from the open space
account shall be available, pursuant to appropriation, for any open
space land conservation project undertaken with a willing seller
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.

Section 4- Amends section 54-0301 of the environmental conservation
law by defining "open space projects" to mean acquisition projects
undertaken with willing sellers.

Section 5- Amends subdivision 6 of section 54-0303 of the
environmental conservation law, by omitting existing language and
adding " the use of eminent domain in connection with any open space
land conservation project 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."

Section 6- Contains the effective date

JUSTIFICATION:
Hunting and fishing camps are an important piece of the fabric of the
Adirondacks. Generations 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 estimated 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 important environmental and
habitat preservation.

LEGISLATIVE HISTORY:
2011-12 S. 2487 Referred to Finance Committee


2009-19 S. 4789 Referred to Finance Committee

FISCAL IMPLICATIONS: None to the State

EFFECTIVE DATE:
This act shall take effect immediately

S1012-2013 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                         1012
 2013-2014 Regular Sessions
 I N  SENATE
 (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.

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