Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jun 18, 2012 |
referred to rules |
Senate Bill S7761
2011-2012 Legislative Session
Sponsored By
(R, C) 58th Senate District
Archive: Last Bill Status - In Senate Committee Rules Committee
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
2011-S7761 (ACTIVE) - Details
- Current Committee:
- Senate Rules
- Law Section:
- General Municipal Law
- Laws Affected:
- Amd §858, Gen Mun L
- Versions Introduced in Other Legislative Sessions:
-
2013-2014:
S3592
2015-2016: S1152
2017-2018: S2285
2019-2020: S945
2011-S7761 (ACTIVE) - Sponsor Memo
BILL NUMBER:S7761 TITLE OF BILL: An act to amend the general municipal law, in relation to designating payments made pursuant to payment in lieu of taxes agreements as "taxes or other lawful charges" PURPOSE OR GENERAL IDEA OF BILL: The bill provides that Payments In Lieu of Taxes may be designated as "taxes or other lawful charges" SUMMARY OF SPECIFIC PROVISIONS: Section 1 of the bill amends Subdivision 15 of section 858 of the general municipal law by adding a new paragraph that provides that payments in lieu of taxes may be designated as "taxes or other lawful charges" by the agency entering into such agreements and the amounts due will become liens on the subject property with priority superior to all existing and future claims or encumbrances on the subject property. The agency may bring an action to collect amounts due after said lien date. Section 2 provides that this act shall take effect 120 days after enactment. JUSTIFICATION: The bill provides Industrial Development Agency's entering into
2011-S7761 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 7761 I N S E N A T E June 18, 2012 ___________ Introduced by Sen. O'MARA -- read twice and ordered printed, and when printed to be committed to the Committee on Rules AN ACT to amend the general municipal law, in relation to designating payments made pursuant to payment in lieu of taxes agreements as "taxes or other lawful charges" THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision 15 of section 858 of the general municipal law, as added by chapter 356 of the laws of 1993, is amended to read as follows: (15) To enter into agreements requiring payments in lieu of taxes. Such agreements shall be in writing and in addition to other terms shall contain: the amount due annually to each affected tax jurisdiction (or a formula by which the amount due can be calculated), the name and address of the person, office or agency to which payment shall be delivered, the date on which payment shall be made, and the date on which payment shall be considered delinquent if not paid. Unless otherwise agreed by the affected tax jurisdictions, any such agreement shall provide that payments in lieu of taxes shall be allocated among affected tax juris- dictions in proportion to the amount of real property tax and other taxes which would have been received by each affected tax jurisdiction had the project not been tax exempt due to the status of the agency involved in the project. A copy of any such agreement shall be delivered to each affected tax jurisdiction within fifteen days of signing the agreement. In the absence of any such written agreement, payments in lieu of taxes made by an agency shall be allocated in the same proportions as they had been prior to January first, nineteen hundred ninety-three for so long as the agency's activities render a project non-taxable by affected tax jurisdictions. NOTWITHSTANDING ANY OTHER GENERAL, SPECIAL OR LOCAL LAW, PAYMENTS UNDER SUCH AGREEMENTS MAY BE DESIGNATED AS "TAXES OR OTHER LAWFUL CHARGES" BY THE AGENCY ENTERING INTO SUCH AGREEMENTS. UPON SUCH DESIGNATION, AND FOR THE PERIOD THAT PAYMENTS ARE MADE UNDER THE RESPECTIVE AGREEMENTS, THE AMOUNTS DUE SHALL BECOME LIENS ON THE SUBJECT PROPERTY, WITH PRIORITY SUPERIOR TO ALL EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
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