senate Bill S1261A

Signed By Governor
2009-2010 Legislative Session

Authorizes the city of Schenectady to enter into a contract to sell some or all of the delinquent tax liens held by such city to a private party

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Archive: Last Bill Status Via A4554 - Signed by Governor


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jul 11, 2009 signed chap.100
Jul 09, 2009 delivered to governor
returned to assembly
passed senate
home rule request
3rd reading cal.215
substituted for s1261b
Jul 09, 2009 substituted by a4554c
May 18, 2009 amended on third reading (t) 1261b
Apr 28, 2009 advanced to third reading
Apr 27, 2009 2nd report cal.
Apr 22, 2009 1st report cal.215
Feb 13, 2009 print number 1261a
amend and recommit to local government
Jan 28, 2009 referred to local government

Votes

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Bill Amendments

Original
A
B (Active)
Original
A
B (Active)

S1261 - Bill Details

S1261 - Bill Texts

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Authorizes the city of Schenectady to enter into a contract to sell some or all of the delinquent tax liens held by such city to a private party under certain conditions; requires 30 days notice to owners; provides for repeal as of December 31, 2011.

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BILL NUMBER: S1261

TITLE OF BILL :

An act to amend chapter 177 of the laws of 2004 authorizing the city
of Schenectady to enter into a contract to sell some or all of the
delinquent tax liens held by such city to a private party, in relation
to renewing such authorization; and providing for the repeal of such
provisions


PURPOSE :

This bill continues the authority of the City of Schenectady to sell
delinquent tax liens to a private party.

SUMMARY OF PROVISIONS :

This bill amends Chapter 177 of the Laws of 2004 by renewing the
ability of the City of Schenectady to enter into contracts to sell its
delinquent tax liens to private parties. Such authority shall expire
as of December 31, 2012. The bill also enacts certain notification and
procedural requirements which have been established in similar laws
enacted for other cities (such as Chapter 505 of 2006 for the City of
Amsterdam, and Chapter 44 of 2007 for the City of Gloversville).

EXISTING LAW :

Chapter 177 of the Laws of 2004 authorized the City of Schenectady to
enter into a contract by December 31, 2004 for the sale of tax liens
to a private party. In accordance with such law, the City entered
into, and has continued, such a contract.

JUSTIFICATION :

This bill was requested by the city of Schenectady (resolution
2008-203). Schenectady was the first municipality in New York State to
receive the authority to enter into a contract for the sale of tax
liens to a private party. Schenectady's tax lien sales have been
highly successful. raising significant funds for the city, and
generally improving conditions for delinquent taxpayers, who are able
to negotiate flexible repayment terms with the private purchaser.
Since the original law, other cities have sought, and have received,
special legislative authority to conduct similar sales. This
legislation will ensure that the City of Schenectady continues, to
have the authority to enter into new contracts for the sale of
delinquent tax liens. The bill also establishes notification and
procedural requirements for the City of Schenectady which are
consistent with the requirements that have been enacted in the past
couple of years for other cities which have been granted the authority
to sell delinquent tax liens.

LEGISLATIVE HISTORY :

Similar to S.8796 of 2008.

FISCAL IMPLICATIONS :

None.

LOCAL FISCAL IMPLICATIONS :

This legislation will permit the City of Schenectady to continue to
benefit from the sale of tax liens to a private party. The amount of
revenue to the city will depend on the amount of tax delinquencies.

EFFECTIVE DATE :
This act shall take effect immediately, and shall expire and be deemed
repealed on and after December 31, 2012.
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The Bill text is not available.

S1261A - Bill Details

S1261A - Bill Texts

view summary

Authorizes the city of Schenectady to enter into a contract to sell some or all of the delinquent tax liens held by such city to a private party under certain conditions; requires 30 days notice to owners; provides for repeal as of December 31, 2011.

view sponsor memo
BILL NUMBER: S1261A

TITLE OF BILL :

An act to amend chapter 177 of the laws of 2004 authorizing the city
of Schenectady to enter into a contract to sell some or all of the
delinquent tax liens held by such city to a private party, in relation
to renewing such authorization; and providing for the repeal of such
provisions


PURPOSE :

This bill continues the authority of the City of Schenectady to sell
delinquent tax liens to a private party.

SUMMARY OF PROVISIONS :

This bill amends Chapter 177 of the Laws of 2004 by renewing the
ability of the City of Schenectady to enter into contracts to sell its
delinquent tax liens to private parties. The bill provides that, until
December 31, 2009, the City of Schenectady may enter into such
contracts. The bill also enacts certain notification and procedural
requirements which have been established in similar laws enacted for
other cities (such as Chapter 505 of 2006 for the City of Amsterdam,
and Chapter 44 of 2007 for the City of Gloversville). This legislation
will expire on December 31, 2011.

EXISTING LAW :

Chapter 177 of the Laws of 2004 authorized the City of Schenectady to
enter into a contract by December 31, 2004 for the sale of tax liens
to a private party. In accordance with such law, the City entered
into, and has continued, such a contract.

JUSTIFICATION :

This bill was requested by the city of Schenectady (resolution
2008-203). Schenectady was the first municipality in New York State to
receive the authority to enter into a contract for the sale of tax
liens to a private party. Schenectady's tax lien sales have been
highly successful, raising significant funds for the city, and
generally improving conditions for delinquent taxpayers, who are able
to negotiate flexible repayment terms with the private purchaser.
Since the original law, other cities have sought, and have received,
special legislative authority to conduct similar sales.

This legislation will ensure that the City of Schenectady continues to
have the authority to enter into new contracts for the sale of
delinquent tax liens. The bill also establishes notification and
procedural requirements for the City of Schenectady which are
consistent with the requirements that have been enacted in the past
couple of years for other cities which have been granted the authority
to sell delinquent tax liens.

LEGISLATIVE HISTORY :

Similar to S.8796 of 2008.

FISCAL IMPLICATIONS :

None.

LOCAL FISCAL IMPLICATIONS :


This legislation will permit the City of Schenectady to continue to
benefit from the sale of tax liens to a private party. The amount of
revenue to the city will depend on the amount of tax delinquencies.

EFFECTIVE DATE :
This act shall take effect immediately, and shall expire and be deemed
repealed on and after December 31, 2011.
view full text
The Bill text is not available.

S1261B (ACTIVE) - Bill Details

S1261B (ACTIVE) - Bill Texts

view summary

Authorizes the city of Schenectady to enter into a contract to sell some or all of the delinquent tax liens held by such city to a private party under certain conditions; requires 30 days notice to owners; provides for repeal as of December 31, 2011.

view sponsor memo
BILL NUMBER: S1261B

TITLE OF BILL :

An act to authorize the city of Schenectady to enter into a contract
to sell some or all of the delinquent tax liens held by such city to a
private party; and providing for the repeal of such provisions upon
expiration thereof


PURPOSE :

This bill continues the ability of the City of Schenectady to sell
delinquent tax liens to a private party.

SUMMARY OF PROVISIONS :

The bill provides that the City of Schenectady may, until December 31,
2009, enter into a contract to sell some or all of its delinquent tax
liens to private parties. This authority applies to liens which have
been attached to real property on or before January 31, 2010. The bill
also enacts certain notification and procedural requirements which
have been established in similar laws enacted for other cities (such
as Chapter 505 of 2006 for the City of Amsterdam, and Chapter 44 of
2007 for the City of Gloversville).

EXISTING LAW :

Chapter 177 of the Laws of 2004 authorized the City of Schenectady to
enter into a contract for the sale of tax liens to a private party.

JUSTIFICATION :

This bill was requested by the city of Schenectady (resolution
2008-203). Schenectady was the first municipality in New York State to
be authorized to enter into a contract for the sale of tax liens to a
private party. Schenectady's tax lien sales have been highly
successful, raising significant funds for the city while also
generally improving conditions for delinquent taxpayers who are able
to negotiate flexible repayment terms with the private purchaser.
Since the original law, other cities have sought, and have received,
special legislative authority to conduct similar sales. This
legislation will ensure the continued ability of the City of
Schenectady to enter into new contracts for the sale of delinquent tax
liens. The bill also establishes notification and procedural
requirements for the City of Schenectady which are consistent with the
requirements that have been enacted in the past couple of years for
other cities which have been granted the authority to sell delinquent
tax liens.

LEGISLATIVE HISTORY :

Similar to S.8796 of 2008.

FISCAL IMPLICATIONS :

None to the State.

LOCAL FISCAL IMPLICATIONS :

This legislation will permit the City of Schenectady to continue to
obtain revenue from the sale of tax liens to a private party. The
amount of revenue to the city will depend on the amount of tax
delinquencies and the contract that is negotiated.

EFFECTIVE DATE :
This act shall take effect immediately, and shall expire and be deemed
repealed on and after December 31,2011.
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                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 1261--B
    Cal. No. 215

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            January 28, 2009
                               ___________

Introduced  by  Sen.  FARLEY -- read twice and ordered printed, and when
  printed to be committed  to  the  Committee  on  Local  Government  --
  committee  discharged,  bill amended, ordered reprinted as amended and
  recommitted to said committee -- reported favorably from said  commit-
  tee,  ordered  to first and second report, ordered to a third reading,
  amended and ordered reprinted, retaining its place  in  the  order  of
  third reading

AN  ACT to authorize the city of Schenectady to enter into a contract to
  sell some or all of the delinquent tax liens held by such  city  to  a
  private  party;  and  providing for the repeal of such provisions upon
  expiration thereof

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

  Section  1.  Notwithstanding  any provision of any general, special or
local law to the contrary and until December 31, 2009, the City of Sche-
nectady may enter into a contract to sell some or all of the  delinquent
tax  liens  held  by  it which have been attached to real property on or
before January 31, 2010, to a private party, subject  to  the  following
conditions:
  (a)  The  consideration  to  be paid may be more or less than the face
amount of the tax liens sold.
  (b) Property owners shall be given at least 30 days advance notice  of
such sale in the same form and manner as is provided by subdivision 2 of
section  1190  of  the  real  property  tax law. Failure to provide such
notice or the failure of the addressee to receive the same shall not  in
any  way  affect  the validity of any sale of a tax lien or tax liens or
the validity of the taxes or interest prescribed  by  law  with  respect
thereto.
  (c)  The City of Schenectady shall set the terms and conditions of the
contract of sale.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04244-08-9

S. 1261--B                          2

  (d) The tax lien purchaser must 30 days prior to the  commencement  of
any  foreclosure  action  provide  to  the City of Schenectady a list of
liens to be foreclosed. The City of Schenectady may, at its sole  option
and  discretion, repurchase a lien or liens on the foreclosure list from
the  tax lien purchaser. The repurchase price shall be the amount of the
lien or liens and may include any accrued interest  and  reasonable  and
necessary  collection  fees  incurred by the tax lien purchaser. The tax
lien purchaser shall provide the foreclosure list to the City  of  Sche-
nectady,  along  with  the  applicable repurchase price of each lien, by
certified mail, and the City of Schenectady  shall  have  30  days  from
receipt  to  notify the tax lien purchaser of its option to purchase one
or more of the liens.  If the City of Schenectady opts to  purchase  the
lien,  it  shall provide payment within 30 days of receipt of the repur-
chase price of said lien or liens.   If the City  of  Schenectady  shall
fail to opt to repurchase the lien or liens the tax lien purchaser shall
have the right to commence a foreclosure action immediately.
  (e)  The  sale of a tax lien pursuant to this act shall not operate to
shorten the otherwise applicable redemption period or change the  other-
wise applicable interest rate.
  (f)  Upon  the  expiration of the redemption period prescribed by law,
the purchaser of a delinquent tax lien, or its  successors  or  assigns,
may  foreclose  the  lien  as  in  an  action to foreclose a mortgage as
provided in section 1194 of the real property tax law. The procedure  in
such  action shall be the procedure prescribed by article 13 of the real
property actions and proceedings law for the foreclosure  of  mortgages.
At any time following the commencement of an action to foreclose a lien,
the amount required to redeem the lien, or the amount received upon sale
of  a  property,  may include reasonable and necessary collection costs,
attorneys' fees, legal costs, allowances, and disbursements.
  (g) The provisions of title 5 of article 11 of the real  property  tax
law  shall  apply so far as is practicable to a contract for the sale of
tax liens pursuant to this act.
  S 2. This act shall take effect immediately and shall  expire  and  be
deemed repealed on and after December 31, 2011.

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