NY State Senate Bill 2009-S5995

Archive: Last Bill Status - On Floor Calendar

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

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Actions

View Actions

Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 03, 2010	amended on third reading 5995a
Apr 20, 2010	advanced to third reading
Apr 19, 2010	2nd report cal.
Apr 14, 2010	1st report cal.389
Jan 06, 2010	referred to local government
Jun 19, 2009	referred to rules

Votes

- Apr 14, 2010 - Local Government Committee Vote
  S5995
  
  Aye
  
  7
  
  Nay
  
  0
  
  Aye with Reservations
  
  1
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  
  0
  - - Local Government Committee Vote: Apr 14, 2010
      
      aye (7)
      
      Bonacic
      
      Little
      
      Morahan
      
      Oppenheimer
      
      Stewart-Cousins
      
      Thompson
      
      Valesky
      
      aye wr (1)
      
      Johnson

Bill Amendments

Original

A (Active)

2009-S5995 - Details

See Assembly Version of this Bill:: A8772
Law Section:: Suffolk County Tax Act
Laws Affected:: Add §46-a, Chap 311 of 1920
Versions Introduced in Other Legislative Sessions:: 2011-2012: S4229, A5554
2013-2014: A5790
2015-2016: A6465

2009-S5995 - Summary

Authorizes Suffolk county to sell certain delinquent tax liens on brownfield property to private buyers.

2009-S5995 - Sponsor Memo

                                 BILL NUMBER:  S5995

 TITLE OF BILL :
An act to amend the Suffolk county tax act, in relation to the sale of
delinquent tax liens on brownfields property

 PURPOSE :
The amendment would allow Suffolk County to sell or dispose of tax
liens for less than outstanding tax due on lien on parcels identifies
by the County as Brownfields except Superfund Sites. The sale or
disposal of the County tax liens on these parcels will satisfy open
real property tax liens and promote the return of these parcels to a
productive real property taxpaying use.

 SUMMARY OF PROVISIONS :
Adds a new section 46-a which would allow Suffolk County to sell or
dispose of tax liens for less than outstanding tax due on lien on
parcels identifies by the County as Brownfields except Superfund
sites. The sale or disposal of the County tax liens on these parcels
will satisfy open real property tax liens and promote the return of
these parcels to a productive real property taxpaying use.

 JUSTIFICATION :
Suffolk County acquires an interest and, in most instances, take title
by tax deed to real property for non-payment of taxes. However, the
County has decided not to take title for non-payment of real property

taxes on parcels identified as Brownfields. A parcel is identified as
a Brownfield site as a result of its past use and/or the presence of
known contamination on the site.

In many instances, the tax liens held by the County on ,Brownfield
parcels and the cost to remediate the property are, in most instances,
in excess of the appraised value of the property assuming the site is
without contamination. Allowing the Count, the option to sell or
dispose of the tax liens for less than the outstanding tax due on a
Brownfield parcel with the requirement that the buyer will remediate
the parcel will promote private developers to acquire the tax liens,
invest money to clean up the land, and convert these contaminated
non-taxpaying parcels into productive taxpaying use.

The Suffolk County Treasurer currently lists seventy-six parcels with
tax liens that are eligible for sale or disposal that the County has
been reluctant to take a tax deed due to the presence of contamination
on the property. The seventy-six parcels include approximately 215
acres of potentially contaminated, under utilized land that would be
remediated and restored to the tax rolls if the tax lien on the
property could be sold or transferred to a private developer.

 LEGISLATIVE HISTORY :
New Bill.

 FISCAL IMPACT ON THE STATE :
The amendment would have a long term benefit to the taxpayers by
returning these parcels, which are non producing tax revenue, to
productive, taxpaying use.

 EFFECTIVE DATE :
This act shall take immediately.

2009-S5995 - Bill Text download pdf

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

                                  5995

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                              June 19, 2009
                               ___________

Introduced  by  Sen.  FOLEY  -- read twice and ordered printed, and when
  printed to be committed to the Committee on Rules

AN ACT to amend the Suffolk county tax act, in relation to the  sale  of
  delinquent tax liens on brownfields property

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

  Section 1. Chapter 311 of the laws of 1920  constituting  the  Suffolk
county  tax  act  is  amended  by  adding  a new section 46-a to read as
follows:
  S 46-A. THE COUNTY SHALL HAVE THE RIGHT TO  ENTER  INTO  CONTRACTS  TO
SELL  SOME  OR ALL OF ITS DELINQUENT TAX LIENS ON PROPERTY IDENTIFIED AS
BROWNFIELD SITES  PURSUANT  TO  SECTION  27-1405  OF  THE  ENVIRONMENTAL
CONSERVATION  LAW,  EXCEPT  SUPERFUND SITES PLACED ON THE U.S.  ENVIRON-
MENTAL PROTECTION AGENCY'S  (USEPA)  NATIONAL  PRIORITY  LIST  (NPL)  AS
DEFINED  BY  THE COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION, AND
LIABILITIES ACT OF 1980 TO CLEAN UP  ABANDONED  HAZARDOUS  WASTE  SITES,
HELD  BY  SUCH  COUNTY  TO  ONE  OR  MORE PRIVATE PARTIES 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)  THE  COUNTY SHALL SET THE TERMS AND CONDITIONS OF THE CONTRACT OF
SALE AND ALL PRIOR CONTRACTS OF SALE SHALL BE DEEMED VALID AND SHALL  BE
ENFORCED UNDER THIS ACT AND THAT THE COUNTY MAY REQUIRE THE PURCHASER TO
REMEDIATE  THE PROPERTY IN ACCORDANCE WITH THE PROVISIONS OF TITLE 17 OF
ARTICLE 27 OF THE ENVIRONMENTAL CONSERVATION LAW AND TO PROMOTE  INVEST-
MENT IN AND DEVELOPMENT OF SUCH PARCELS.
  (C) THE COUNTY SHALL PROVIDE PROPERTY OWNERS WITH AT LEAST THIRTY 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 AND  SHALL
BE  DONE  BY  REGULAR MAIL TO THE LAST KNOWN ADDRESS. FAILURE TO PROVIDE
SUCH NOTICE BY THE COUNTY SHALL NOT IN ANY WAY AFFECT  THE  VALIDITY  OF

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11334-04-9

S. 5995                             2

ANY SUCH SALE OF A TAX LIEN OR TAX LIENS OR THE VALIDITY OF THE TAXES OR
INTEREST PRESCRIBED BY LAW WITH RESPECT THERETO.
  (D)  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.
  (E)  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, SHALL INCLUDE ATTORNEY'S FEES, COURT COSTS, TITLE FEES,
SERVICE OF PROCESS FEES, AND OTHER DISBURSEMENTS ALLOWED BY A  COURT  OF
COMPETENT  JURISDICTION UPON THE FILING OF SAID COURT WITH PROOF OF SAID
EXPENSES.
  (F) 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.

2009-S5995A (ACTIVE) - Details

See Assembly Version of this Bill:: A8772
Law Section:: Suffolk County Tax Act
Laws Affected:: Add §46-a, Chap 311 of 1920
Versions Introduced in Other Legislative Sessions:: 2011-2012: S4229, A5554
2013-2014: A5790
2015-2016: A6465

2009-S5995A (ACTIVE) - Summary

Authorizes Suffolk county to sell certain delinquent tax liens on brownfield property to private buyers.

2009-S5995A (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S5995A

 TITLE OF BILL :
An act to amend the Suffolk county tax act, in relation to the sale of
delinquent tax liens on brownfields property


 PURPOSE :
The amendment would allow Suffolk County to sell or dispose of tax
liens for less than outstanding tax due on lien on parcels identifies
by the County as Brownfields except Superfund Sites. The sale or
disposal of the County tax liens on these parcels will satisfy open
real property tax liens and promote the return of these parcels to a
productive real property taxpaying use.

 SUMMARY OF PROVISIONS :
Adds a new section 46-a which would allow Suffolk County to sell or
dispose of tax liens for less than outstanding tax due on lien on
parcels identifies by the County as Brownfields except Superfund
sites. The sale or disposal of the County tax liens on these parcels
will satisfy open real property tax liens and promote the return of
these parcels to a productive real property taxpaying use.

 JUSTIFICATION :
Suffolk County acquires an interest and, in most instances, take title
by tax deed to real property for non-payment of taxes. However, the

County has decided not to take title for non-payment of real property
taxes on parcels identified as Brownfields. A parcel is identified as
a Brownfield site as a result of its past use and/or the presence of
known contamination on the site.

In many instances, the tax liens held by the County on ,Brownfield
parcels and the cost to remediate the property are, in most instances,
in excess of the appraised value of the property assuming the site is
without contamination. Allowing the Count, the option to sell or
dispose of the tax liens for less than the outstanding tax due on a
Brownfield parcel with the requirement that the buyer will remediate
the parcel will promote private developers to acquire the tax liens,
invest money to clean up the land, and convert these contaminated
non-taxpaying parcels into productive taxpaying use.

The Suffolk County Treasurer currently lists seventy-six parcels with
tax liens that are eligible for sale or disposal that the County has
been reluctant to take a tax deed due to the presence of contamination
on the property. The seventy-six parcels include approximately 215
acres of potentially contaminated, under utilized land that would be
remediated and restored to the tax rolls if the tax lien on the
property could be sold or transferred to a private developer.

 LEGISLATIVE HISTORY :
New Bill.

 FISCAL IMPACT ON THE STATE :
The amendment would have a long term benefit to the taxpayers by
returning these parcels, which are non producing tax revenue, to
productive, taxpaying use.

 EFFECTIVE DATE :
This act shall take immediately.

2009-S5995A (ACTIVE) - Bill Text download pdf

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

                                 5995--A
    Cal. No. 389

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                              June 19, 2009
                               ___________

Introduced  by  Sen.  FOLEY  -- read twice and ordered printed, and when
  printed to be committed to the Committee on Rules  --  recommitted  to
  the  Committee  on  Local Government in accordance with Senate Rule 6,
  sec. 8 -- reported favorably from said committee, 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 amend the Suffolk county tax act, in relation to the sale of
  delinquent tax liens on brownfields property

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

  Section  1.  Chapter  311 of the laws of 1920 constituting the Suffolk
county tax act is amended by adding  a  new  section  46-a  to  read  as
follows:
  S  46-A.  THE  COUNTY  SHALL HAVE THE RIGHT TO ENTER INTO CONTRACTS TO
SELL SOME OR ALL OF ITS DELINQUENT TAX LIENS ON PROPERTY  IDENTIFIED  AS
BROWNFIELD  SITES  PURSUANT  TO  SECTION  27-1405  OF  THE ENVIRONMENTAL
CONSERVATION LAW, EXCEPT SUPERFUND SITES PLACED ON THE  U.S.    ENVIRON-
MENTAL  PROTECTION  AGENCY'S  (USEPA)  NATIONAL  PRIORITY  LIST (NPL) AS
DEFINED BY THE COMPREHENSIVE ENVIRONMENTAL RESPONSE,  COMPENSATION,  AND
LIABILITIES  ACT  OF  1980  TO CLEAN UP ABANDONED HAZARDOUS WASTE SITES,
HELD BY SUCH COUNTY TO ONE  OR  MORE  PRIVATE  PARTIES  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) THE COUNTY SHALL SET THE TERMS AND CONDITIONS OF THE  CONTRACT  OF
SALE  AND ALL PRIOR CONTRACTS OF SALE SHALL BE DEEMED VALID AND SHALL BE
ENFORCED UNDER THIS ACT AND THAT THE COUNTY SHALL REQUIRE THE  PURCHASER
TO  REMEDIATE THE PROPERTY IN ACCORDANCE WITH THE PROVISIONS OF TITLE 14
OF ARTICLE 27 OF THE  ENVIRONMENTAL  CONSERVATION  LAW  AND  TO  PROMOTE
INVESTMENT IN AND DEVELOPMENT OF SUCH PARCELS.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11334-05-0

S. 5995--A                          2

  (C) THE COUNTY SHALL PROVIDE PROPERTY OWNERS WITH AT LEAST THIRTY 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 AND  SHALL
BE  DONE  BY  REGULAR MAIL TO THE LAST KNOWN ADDRESS. FAILURE TO PROVIDE
SUCH  NOTICE  BY  THE COUNTY SHALL NOT IN ANY WAY AFFECT THE VALIDITY OF
ANY SUCH SALE OF A TAX LIEN OR TAX LIENS OR THE VALIDITY OF THE TAXES OR
INTEREST PRESCRIBED BY LAW WITH RESPECT THERETO.
  (D) 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.
  (E) 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, SHALL INCLUDE ATTORNEY'S FEES, COURT COSTS,  TITLE  FEES,
SERVICE  OF  PROCESS FEES, AND OTHER DISBURSEMENTS ALLOWED BY A COURT OF
COMPETENT JURISDICTION UPON THE FILING OF SAID COURT WITH PROOF OF  SAID
EXPENSES.
  (F)  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.

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Senate Bill S5995

Sponsored By

Archive: Last Bill Status - On Floor Calendar

Actions

Votes

Apr 14, 2010 - Local Government Committee Vote

Local Government Committee Vote: Apr 14, 2010

Bill Amendments

2009-S5995 - Details

2009-S5995 - Summary

2009-S5995 - Sponsor Memo

2009-S5995 - Bill Text download pdf

2009-S5995A (ACTIVE) - Details

2009-S5995A (ACTIVE) - Summary

2009-S5995A (ACTIVE) - Sponsor Memo

2009-S5995A (ACTIVE) - Bill Text download pdf

Comments

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Get Status Alerts for 2009-S5995

Senate Bill S5995

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Sponsored By

Brian X. Foley

Archive: Last Bill Status - On Floor Calendar

Actions

Votes

Bill Amendments

2009-S5995 - Details

2009-S5995 - Summary

2009-S5995 - Sponsor Memo

2009-S5995 - Bill Text download pdf

2009-S5995A (ACTIVE) - Details

2009-S5995A (ACTIVE) - Summary

2009-S5995A (ACTIVE) - Sponsor Memo

2009-S5995A (ACTIVE) - Bill Text download pdf

Comments