assembly Bill A8097

Signed by Governor

Requires signatures of mayors of the villages of Hempstead and Freeport for payments in lieu of taxes from town of Hempstead and Nassau IDA's

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Sponsor

HOOPER

Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed by Governor
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actions

  • 18 / Jun / 2013
    • REFERRED TO LOCAL GOVERNMENTS
  • 19 / Jun / 2013
    • REPORTED REFERRED TO WAYS AND MEANS
  • 20 / Jun / 2013
    • REPORTED REFERRED TO RULES
  • 20 / Jun / 2013
    • REPORTED
  • 20 / Jun / 2013
    • RULES REPORT CAL.677
  • 20 / Jun / 2013
    • ORDERED TO THIRD READING RULES CAL.677
  • 21 / Jun / 2013
    • PASSED ASSEMBLY
  • 21 / Jun / 2013
    • DELIVERED TO SENATE
  • 21 / Jun / 2013
    • REFERRED TO RULES
  • 21 / Jun / 2013
    • ORDERED TO THIRD READING CAL.1635
  • 21 / Jun / 2013
    • PASSED SENATE
  • 21 / Jun / 2013
    • VOTE RECONSIDERED - RESTORED TO THIRD READING
  • 21 / Jun / 2013
    • RECOMMITTED TO RULES
  • 08 / Jan / 2014
    • DIED IN SENATE
  • 08 / Jan / 2014
    • RETURNED TO ASSEMBLY
  • 08 / Jan / 2014
    • ORDERED TO THIRD READING CAL.398
  • 19 / Jun / 2014
    • PASSED ASSEMBLY
  • 19 / Jun / 2014
    • DELIVERED TO SENATE
  • 19 / Jun / 2014
    • ORDERED TO THIRD READING CAL.1660
  • 19 / Jun / 2014
    • PASSED SENATE
  • 19 / Jun / 2014
    • RETURNED TO ASSEMBLY
  • 05 / Dec / 2014
    • DELIVERED TO GOVERNOR
  • 17 / Dec / 2014
    • SIGNED CHAP.493

Summary

Requires signatures of chief executives of the villages of Hempstead and Freeport for payments in lieu of taxes prior to the grant of application or the effectiveness of any such grant for a payment for projects approved by the Nassau county industrial development agency and the town of Hempstead industrial development agency.

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Bill Details

See Senate Version of this Bill:
S7785
Versions:
A8097
Legislative Cycle:
2013-2014
Law Section:
General Municipal Law
Laws Affected:
Amd ยงยง905 & 922, Gen Muni L
view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  8097

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                              June 18, 2013
                               ___________

Introduced by M. of A. HOOPER -- read once and referred to the Committee
  on Local Governments

AN  ACT  to  amend the general municipal law, in relation to payments in
  lieu of taxes for projects approved by the town  of  Hempstead  indus-
  trial development agency and the Nassau county industrial agency

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

  Section 1. The opening paragraph of section 905 of the general munici-
pal law is designated subdivision 1 and three new subdivisions 2, 3  and
4 are added to read as follows:
  2.  PRIOR  TO THE APPROVAL OF ANY APPLICATION FOR A PAYMENT IN LIEU OF
TAXES (HEREINAFTER REFERRED TO IN THIS SECTION AS "PILOT") AGREEMENT  BY
THE  AGENCY  FOR  A  PROJECT  LOCATED  IN THE VILLAGE OF FREEPORT OR THE
VILLAGE OF HEMPSTEAD,  THE  CHIEF  EXECUTIVE  OFFICER  OF  THE  AFFECTED
VILLAGE  SHALL  BE  CONSULTED.    THE AGENCY SHALL ALSO CONSULT WITH THE
VILLAGE GOVERNING BODY PRIOR TO ANY PILOT AGREEMENT  BEING  APPROVED  BY
THE  AGENCY  FOR  A  PROJECT  LOCATED  IN THE VILLAGE OF FREEPORT OR THE
VILLAGE OF HEMPSTEAD. IN ADDITION, THE AGENCY  SHALL  OBTAIN  AN  IMPACT
ANALYSIS  TO  DETERMINE THE IMPACT ON THE VILLAGE OF THE PROJECT AND THE
PLANNED PILOT AGREEMENT. THE APPLICANT FOR SUCH  PILOT  AGREEMENT  SHALL
BEAR  THE  COSTS RELATED TO THE REQUIRED IMPACT ANALYSIS. THE AGENCY AND
THE VILLAGE GOVERNING BODY SHALL JOINTLY SELECT A  QUALIFIED  ENTITY  TO
CONDUCT  THE IMPACT ANALYSIS. THE MEMBERSHIP OF THE AGENCY, WHEN REVIEW-
ING APPLICATIONS AND APPROVING PILOT AGREEMENTS FOR PROJECTS LOCATED  IN
THE  VILLAGE  OF  FREEPORT OR THE VILLAGE OF HEMPSTEAD, SHALL INCLUDE AT
LEAST ONE MEMBER OF SUCH VILLAGE'S GOVERNING BODY AND AT LEAST THREE  AT
LARGE MEMBERS DRAWN FROM A CROSS SECTION OF THE VILLAGE COMMUNITY.
  3.  THE  AGENCY SHALL REVIEW ANY PILOT AGREEMENT FOR A PROJECT LOCATED
IN THE VILLAGE OF FREEPORT OR THE VILLAGE OF HEMPSTEAD AFTER  THE  THIRD
YEAR  OF ENTERING INTO SUCH PILOT AGREEMENT, AND EVERY THIRD YEAR THERE-
AFTER, AND ADJUST THE PILOT AGREEMENT ACCORDINGLY BASED  ON  CHANGES  TO

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05704-02-3

A. 8097                             2

THE  ASSESSED VALUE AND TAX RATE OF ALL OTHER REAL PROPERTIES LOCATED IN
SUCH VILLAGES.  THE AGENCY SHALL PROVIDE A WRITTEN REPORT TO THE VILLAGE
OF FREEPORT AND THE VILLAGE OF HEMPSTEAD DOCUMENTING ANY AND  ALL  VARI-
ANCES  OR  CHANGES  TO  THE PROJECTED REVENUES OF SUCH VILLAGES FROM ANY
SUCH PILOT AGREEMENT.
  4. A PILOT AGREEMENT FOR A PROJECT LOCATED IN THE VILLAGE OF  FREEPORT
OR THE VILLAGE OF HEMPSTEAD SHALL NOT BE RENEWED OR RENEGOTIATED UNTIL A
FULL  AUDIT HAS BEEN COMPLETED OF THE ACCOUNTS OF THE PARTY OBLIGATED TO
MAKE PAYMENTS IN LIEU OF TAXES PURSUANT TO THE PILOT AGREEMENT WITH  THE
AGENCY. THE AGENCY AND THE VILLAGE GOVERNING BODY SHALL JOINTLY CHOOSE A
QUALIFIED  ENTITY TO CONDUCT SUCH AUDIT.  THE PARTY THAT IS OBLIGATED TO
MAKE PAYMENTS IN LIEU OF TAXES PURSUANT TO THE PILOT AGREEMENT WITH  THE
AGENCY  SHALL  BEAR  THE  COSTS  OF PREPARING SUCH AUDIT. THE VILLAGE OF
FREEPORT OR THE VILLAGE OF HEMPSTEAD MAY REQUEST FROM THE OFFICE OF  THE
STATE  COMPTROLLER  AN AUDIT OR REVIEW OF THE AUDIT PRIOR TO THE RENEWAL
OR RENEGOTIATION OF A PILOT AGREEMENT  FOR  A  PROJECT  LOCATED  IN  THE
VILLAGE OF FREEPORT OR THE VILLAGE OF HEMPSTEAD.
  S  2.  The  opening  paragraph of section 922 of the general municipal
law, as amended by chapter 474 of the laws of 1988, is designated subdi-
vision 1 and three new subdivisions 2, 3 and 4  are  added  to  read  as
follows:
  2.  PRIOR  TO THE APPROVAL OF ANY APPLICATION FOR A PAYMENT IN LIEU OF
TAXES (HEREINAFTER REFERRED TO IN THIS SECTION AS "PILOT") AGREEMENT  BY
THE  AGENCY  FOR  A  PROJECT  LOCATED  IN THE VILLAGE OF FREEPORT OR THE
VILLAGE OF HEMPSTEAD,  THE  CHIEF  EXECUTIVE  OFFICER  OF  THE  AFFECTED
VILLAGE  SHALL  BE  CONSULTED.    THE AGENCY SHALL ALSO CONSULT WITH THE
VILLAGE GOVERNING BODY PRIOR TO ANY PILOT AGREEMENT  BEING  APPROVED  BY
THE  AGENCY  FOR  A  PROJECT  LOCATED  IN THE VILLAGE OF FREEPORT OR THE
VILLAGE OF HEMPSTEAD. IN ADDITION, THE AGENCY  SHALL  OBTAIN  AN  IMPACT
ANALYSIS  TO  DETERMINE THE IMPACT ON THE VILLAGE OF THE PROJECT AND THE
PLANNED PILOT AGREEMENT. THE APPLICANT FOR SUCH  PILOT  AGREEMENT  SHALL
BEAR  THE  COSTS RELATED TO THE REQUIRED IMPACT ANALYSIS. THE AGENCY AND
THE VILLAGE GOVERNING BODY SHALL JOINTLY SELECT A  QUALIFIED  ENTITY  TO
CONDUCT  THE IMPACT ANALYSIS. THE MEMBERSHIP OF THE AGENCY, WHEN REVIEW-
ING APPLICATIONS AND APPROVING PILOT AGREEMENTS FOR PROJECTS LOCATED  IN
THE  VILLAGE  OF  FREEPORT OR THE VILLAGE OF HEMPSTEAD, SHALL INCLUDE AT
LEAST ONE MEMBER OF SUCH VILLAGE'S GOVERNING BODY AND AT LEAST THREE  AT
LARGE MEMBERS DRAWN FROM A CROSS SECTION OF THE VILLAGE COMMUNITY.
  3.  THE  AGENCY SHALL REVIEW ANY PILOT AGREEMENT FOR A PROJECT LOCATED
IN THE VILLAGE OF FREEPORT OR THE VILLAGE OF HEMPSTEAD AFTER  THE  THIRD
YEAR  OF ENTERING INTO SUCH PILOT AGREEMENT, AND EVERY THIRD YEAR THERE-
AFTER, AND ADJUST THE PILOT AGREEMENT ACCORDINGLY BASED  ON  CHANGES  TO
THE  ASSESSED VALUE AND TAX RATE OF ALL OTHER REAL PROPERTIES LOCATED IN
SUCH VILLAGES.
  4. A PILOT AGREEMENT FOR A PROJECT LOCATED IN THE VILLAGE OF  FREEPORT
OR THE VILLAGE OF HEMPSTEAD SHALL NOT BE RENEWED OR RENEGOTIATED UNTIL A
FULL  AUDIT HAS BEEN COMPLETED OF THE ACCOUNTS OF THE PARTY OBLIGATED TO
MAKE PAYMENTS IN LIEU OF TAXES PURSUANT TO THE PILOT AGREEMENT WITH  THE
AGENCY. THE AGENCY AND THE VILLAGE GOVERNING BODY SHALL JOINTLY CHOOSE A
QUALIFIED  ENTITY TO CONDUCT SUCH AUDIT.  THE PARTY THAT IS OBLIGATED TO
MAKE PAYMENTS IN LIEU OF TAXES PURSUANT TO THE PILOT AGREEMENT WITH  THE
AGENCY  SHALL  BEAR  THE  COSTS  OF PREPARING SUCH AUDIT. THE VILLAGE OF
FREEPORT OR THE VILLAGE OF HEMPSTEAD MAY REQUEST FROM THE OFFICE OF  THE
STATE  COMPTROLLER  AN AUDIT OR REVIEW OF THE AUDIT PRIOR TO THE RENEWAL
OR RENEGOTIATION OF A PILOT AGREEMENT  FOR  A  PROJECT  LOCATED  IN  THE
VILLAGE OF FREEPORT OR THE VILLAGE OF HEMPSTEAD.

A. 8097                             3

  S 3. This act shall take effect immediately.

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