senate Bill S5800A

Signed by Governor

Relates to financial assistance provided by the Auburn industrial development authority

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Sponsor

Bill Status


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

  • 14 / Jun / 2013
    • REFERRED TO CORPORATIONS, AUTHORITIES AND COMMISSIONS
  • 15 / Jun / 2013
    • AMEND AND RECOMMIT TO CORPORATIONS, AUTHORITIES AND COMMISSIONS
  • 15 / Jun / 2013
    • PRINT NUMBER 5800A
  • 20 / Jun / 2013
    • COMMITTEE DISCHARGED AND COMMITTED TO RULES
  • 20 / Jun / 2013
    • ORDERED TO THIRD READING CAL.1545
  • 20 / Jun / 2013
    • PASSED SENATE
  • 20 / Jun / 2013
    • DELIVERED TO ASSEMBLY
  • 20 / Jun / 2013
    • REFERRED TO WAYS AND MEANS
  • 21 / Jun / 2013
    • SUBSTITUTED FOR A8037
  • 21 / Jun / 2013
    • ORDERED TO THIRD READING RULES CAL.711
  • 21 / Jun / 2013
    • PASSED ASSEMBLY
  • 21 / Jun / 2013
    • RETURNED TO SENATE
  • 19 / Jul / 2013
    • DELIVERED TO GOVERNOR
  • 31 / Jul / 2013
    • SIGNED CHAP.304

Summary

Relates to financial assistance provided by the Auburn industrial development authority.

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Bill Details

See Assembly Version of this Bill:
A8037
Versions:
S5800
S5800A
Legislative Cycle:
2013-2014
Law Section:
Public Authorities Law
Laws Affected:
Amd ยงยง2306 & 2334, Pub Auth L

Sponsor Memo

BILL NUMBER:S5800A REVISED 6/17/13

TITLE OF BILL: An act to amend the public authorities law, in
relation to financial assistance provided by the Auburn industrial
development authority

PURPOSE: This bill relates to the financial assistance provided by
the Auburn industrial development authority.

SUMMARY OF PROVISIONS:

Section 1 - Amends the opening paragraph of section 2306 of the public
authorities law, as amended by chapter 556 of the laws of 1973.

Section 2 - Amends section 2334 of the public authorities law, as
added by chapter 915 of the laws of 1969.

Section 3 - Effective Date

JUSTIFICATION: This bill is a chapter amendment to Budget Bill
S.2609-D Part J of the 2013-14 budget. The city of Auburn was
inadvertently excluded from changes in the law pertaining to IDA tax
credits which this bill will rectify.

LEGISLATIVE HISTORY: New bill

FISCAL IMPLICATIONS: None

EFFECTIVE DATE: This act shall take effect on the thirtieth day after
it shall have become a law.

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

                                 5800--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              June 14, 2013
                               ___________

Introduced  by  Sen.  DeFRANCISCO -- read twice and ordered printed, and
  when printed to be committed to the Committee on Corporations, Author-
  ities and Commissions -- committee discharged, bill  amended,  ordered
  reprinted as amended and recommitted to said committee

AN  ACT  to  amend  the public authorities law, in relation to financial
  assistance provided by the Auburn industrial development authority

  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 2306 of the public author-
ities  law, as amended by chapter 556 of the laws of 1973, is amended to
read as follows:
  The purposes of the authority shall be to promote, develop,  encourage
and  assist  in  the acquiring, constructing, reconstructing, improving,
maintaining, equipping and furnishing industrial,  manufacturing,  ware-
house,  commercial  and  research facilities and facilities for use by a
federal agency or a  medical  facility  including  industrial  pollution
control  facilities, which may include transportation facilities includ-
ing but not limited to those relating to water, highway, rail  and  air,
in  one  or more areas of the city, and thereby advance the job opportu-
nities, health, general prosperity and economic welfare of the people of
said city and to improve their medical  care  and  standard  of  living;
provided, however, that the authority shall not undertake any project if
the  completion  thereof would result in the removal of an industrial or
manufacturing plant of the project occupant from one area of  the  state
to  another area of the state or in abandonment of one or more plants or
facilities of the project applicant located within the state,  provided,
however,  that  neither  restriction  shall apply if the authority shall
determine on the basis of the application before it that the project  is
reasonably  necessary  to  discourage the project occupant from removing
such other plant or facility to a  location  outside  the  state  or  is
reasonably necessary to preserve the competitive position of the project

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11515-03-3

S. 5800--A                          2

occupant in its respective industry. EXCEPT AS OTHERWISE PROVIDED FOR IN
THIS SECTION, NO FINANCIAL ASSISTANCE OF THE AUTHORITY SHALL BE PROVIDED
IN RESPECT OF ANY PROJECT WHERE FACILITIES OR PROPERTY THAT ARE PRIMARI-
LY  USED  IN  MAKING RETAIL SALES TO CUSTOMERS WHO PERSONALLY VISIT SUCH
FACILITIES CONSTITUTE MORE THAN ONE-THIRD OF THE TOTAL PROJECT COST. FOR
THE PURPOSES OF THIS ARTICLE, "RETAIL SALES" SHALL MEAN: (I) SALES BY  A
REGISTERED  VENDOR  UNDER  ARTICLE TWENTY-EIGHT OF THE TAX LAW PRIMARILY
ENGAGED IN THE RETAIL SALE OF TANGIBLE PERSONAL PROPERTY, AS DEFINED  IN
SUBPARAGRAPH  (I) OF PARAGRAPH FOUR OF SUBDIVISION (B) OF SECTION ELEVEN
HUNDRED ONE OF THE TAX LAW; OR (II) SALES OF A SERVICE TO  SUCH  CUSTOM-
ERS.  EXCEPT,  HOWEVER,  THAT  TOURISM DESTINATION PROJECTS SHALL NOT BE
PROHIBITED BY THIS PARAGRAPH. FOR THE PURPOSE OF THIS PARAGRAPH,  "TOUR-
ISM  DESTINATION"  SHALL  MEAN A LOCATION OR FACILITY WHICH IS LIKELY TO
ATTRACT A SIGNIFICANT NUMBER  OF  VISITORS  FROM  OUTSIDE  THE  ECONOMIC
DEVELOPMENT  REGION  AS ESTABLISHED BY SECTION TWO HUNDRED THIRTY OF THE
ECONOMIC DEVELOPMENT LAW, IN WHICH THE PROJECT IS LOCATED.
  NOTWITHSTANDING THE PROVISIONS OF THIS SECTION TO THE  CONTRARY,  SUCH
FINANCIAL ASSISTANCE MAY, HOWEVER, BE PROVIDED TO A PROJECT WHERE FACIL-
ITIES  OR  PROPERTY  THAT  ARE  PRIMARILY USED IN MAKING RETAIL SALES OF
GOODS OR SERVICES TO CUSTOMERS WHO PERSONALLY VISIT SUCH  FACILITIES  TO
OBTAIN  SUCH  GOODS  OR  SERVICES  CONSTITUTE MORE THAN ONE-THIRD OF THE
TOTAL PROJECT COST, WHERE: (I) THE PREDOMINANT PURPOSE  OF  THE  PROJECT
WOULD  BE  TO  MAKE AVAILABLE GOODS OR SERVICES WHICH WOULD NOT, BUT FOR
THE PROJECT, BE REASONABLY ACCESSIBLE TO THE RESIDENTS OF  THE  CITY  OF
AUBURN  BECAUSE  OF A LACK OF REASONABLY ACCESSIBLE RETAIL TRADE FACILI-
TIES OFFERING SUCH GOODS OR SERVICES; OR (II) THE PROJECT IS LOCATED  IN
A  HIGHLY DISTRESSED AREA.  WITH RESPECT TO PROJECTS AUTHORIZED PURSUANT
TO THIS PARAGRAPH NO PROJECT SHALL  BE  APPROVED  UNLESS  THE  AUTHORITY
SHALL  FIND  AFTER  THE  PUBLIC HEARING REQUIRED BY SECTION TWENTY-THREE
HUNDRED SEVEN OF THIS TITLE THAT UNDERTAKING THE PROJECT WILL SERVE  THE
PUBLIC  PURPOSES OF THIS ARTICLE BY PRESERVING PERMANENT, PRIVATE SECTOR
JOBS OR INCREASING THE OVERALL NUMBER OF PERMANENT, PRIVATE SECTOR  JOBS
IN  THE  STATE.    WHERE  THE  AUTHORITY  MAKES SUCH A FINDING, PRIOR TO
PROVIDING FINANCIAL ASSISTANCE TO THE  PROJECT  BY  THE  AUTHORITY,  THE
CHIEF EXECUTIVE OFFICER OF THE CITY OF AUBURN SHALL CONFIRM THE PROPOSED
ACTION  OF THE AUTHORITY. To carry out said purpose, the authority shall
have power:
  S 2. Section 2334 of the public authorities law, as added  by  chapter
915 of the laws of 1969, is amended to read as follows:
  S 2334. Termination of the authority. Whenever all of the bonds issued
by  the  authority  shall  have  been  redeemed  or  cancelled,  AND ALL
STRAIGHT-LEASE TRANSACTIONS HAVE BEEN TERMINATED,  the  authority  shall
cease  to exist and all rights, titles, and interest and all obligations
and liabilities thereof vested in or possessed by  the  authority  shall
thereupon vest in and be possessed by the city of Auburn.
  S  3.  This  act shall take effect on the thirtieth day after it shall
have become a law.

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