Senate Bill S5776

Vetoed By Governor
2013-2014 Legislative Session

Relates to permitted use of funds of an industrial development agency

download bill text pdf

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Archive: Last Bill Status - Vetoed by Governor


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Vetoed By Governor
  • Signed By Governor

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2013-S5776 (ACTIVE) - Details

See Assembly Version of this Bill:
A8025
Law Section:
General Municipal Law
Laws Affected:
Amd ยง862, Gen Muni L

2013-S5776 (ACTIVE) - Summary

Relates to permitting funds of an industrial development agency to be used for certain retail projects in areas affected by disaster emergencies.

2013-S5776 (ACTIVE) - Sponsor Memo

2013-S5776 (ACTIVE) - Bill Text download pdf

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

                                  5776

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              June 14, 2013
                               ___________

Introduced  by  Sen. MARTINS -- read twice and ordered printed, and when
  printed to be committed to the Committee on Local Government

AN ACT to amend the general municipal law, in relation  to  restrictions
  on funds of industrial development agencies

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

  Section 1. Subdivision 2 of section 862 of the general municipal  law,
as  added  by  section 1 of part J of chapter 59 of the laws of 2013, is
amended to read as follows:
  (2) (a) Except as provided in paragraph (b) of  this  subdivision,  no
financial  assistance  of the agency shall be provided in respect of any
project where facilities or property that are primarily used  in  making
retail  sales  to customers who personally visit such facilities consti-
tute 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 subpara-
graph (i) of paragraph four of subdivision (b) of section eleven hundred
one of the tax law; or (ii)  sales  of  a  service  to  such  customers.
Except,  however, that tourism destination projects shall not be prohib-
ited by this subdivision. For the purpose of  this  paragraph,  "tourism
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.
  (b) Notwithstanding the provisions of paragraph (a) of  this  subdivi-
sion,  financial assistance may, however, be provided to a project where
facilities 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10855-03-3
              

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