Senate Bill S7157

2009-2010 Legislative Session

Requires signatures for payments in lieu of taxes

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Sponsored By

Archive: Last Bill Status - In Senate Committee Local Government Committee


  • 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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Bill Amendments

co-Sponsors

2009-S7157 - Details

See Assembly Version of this Bill:
A10033
Current Committee:
Senate Local Government
Law Section:
General Municipal Law
Laws Affected:
Amd §§905 & 902, Gen Muni L
Versions Introduced in 2011-2012 Legislative Session:
S3887, A6865

2009-S7157 - Summary

Requires signatures of chief executives of local municipalities for payments in lieu of payments prior to the grant of application or the effectiveness of any such grant for a payment in lieu of taxes by an industrial development agency or any other agency that affects a municipality; makes related provisions.

2009-S7157 - Sponsor Memo

2009-S7157 - Bill Text download pdf

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

                                  7157

                            I N  S E N A T E

                             March 17, 2010
                               ___________

Introduced  by  Sen.  HANNON -- 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  and  the  public  authorities
  law, in relation to payments in lieu of taxes

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

  Section 1. The general municipal  law  is  amended  by  adding  a  new
section 25 to read as follows:
  S 25. PAYMENT IN LIEU OF TAXES REQUIRE CERTAIN SIGNATURE. PRIOR TO THE
GRANT  OF ANY APPLICATION AND/OR THE EFFECTIVENESS OF ANY SUCH GRANT FOR
A PAYMENT IN LIEU OF TAXES BY AN INDUSTRIAL DEVELOPMENT  AGENCY  OR  ANY
OTHER  SUCH  AGENCY  THAT AFFECTS A MUNICIPALITY, THE WRITTEN CONSENT OF
THE CHIEF EXECUTIVE OFFICER OF THE AFFECTED MUNICIPAL  TAX  JURISDICTION
SHALL BE REQUIRED.
  S  2.  The  public  authorities law is amended by adding a new section
2858 to read as follows:
  S 2858. PAYMENT IN LIEU OF TAXES REQUIRE CERTAIN SIGNATURE.  PRIOR  TO
THE  GRANT OF ANY APPLICATION AND/OR THE EFFECTIVENESS OF ANY SUCH GRANT
FOR A PAYMENT IN LIEU OF TAXES BY AN INDUSTRIAL  DEVELOPMENT  AGENCY  OR
ANY  OTHER  SUCH AGENCY THAT AFFECTS A MUNICIPALITY, THE WRITTEN CONSENT
OF THE CHIEF EXECUTIVE OFFICER OF THE AFFECTED MUNICIPAL  TAX  JURISDIC-
TION SHALL BE REQUIRED.
  S 3. This act shall take effect immediately.




 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD16164-05-0


              

co-Sponsors

2009-S7157A - Details

See Assembly Version of this Bill:
A10033
Current Committee:
Senate Local Government
Law Section:
General Municipal Law
Laws Affected:
Amd §§905 & 902, Gen Muni L
Versions Introduced in 2011-2012 Legislative Session:
S3887, A6865

2009-S7157A - Summary

Requires signatures of chief executives of local municipalities for payments in lieu of payments prior to the grant of application or the effectiveness of any such grant for a payment in lieu of taxes by an industrial development agency or any other agency that affects a municipality; makes related provisions.

2009-S7157A - Sponsor Memo

2009-S7157A - Bill Text download pdf

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

                                 7157--A

                            I N  S E N A T E

                             March 17, 2010
                               ___________

Introduced by Sens. HANNON, DeFRANCISCO -- read twice and ordered print-
  ed, and when printed to be committed to the Committee on Local Govern-
  ment  --  committee  discharged,  bill  amended,  ordered reprinted as
  amended and recommitted to said committee

AN ACT to amend the general municipal law  and  the  public  authorities
  law, in relation to payments in lieu of taxes

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

  Section 1. The general municipal  law  is  amended  by  adding  a  new
section 859-c to read as follows:
  S 859-C.  PAYMENT IN LIEU OF TAXES REQUIRE CERTAIN SIGNATURE. PRIOR TO
THE  GRANT OF ANY APPLICATION AND/OR THE EFFECTIVENESS OF ANY SUCH GRANT
FOR A PAYMENT IN LIEU OF TAXES (PILOT) BY THE AGENCY OR ANY  OTHER  SUCH
AGENCY  THAT  AFFECTS  A  MUNICIPALITY, THE WRITTEN CONSENT OF THE CHIEF
EXECUTIVE OFFICER OF THE AFFECTED MUNICIPAL TAX  JURISDICTION  SHALL  BE
REQUIRED.
  1.  THE  AGENCY  SHALL  OBTAIN THE APPROVAL, BY SUPER-MAJORITY, OF THE
LOCAL ELECTED BOARD OF TRUSTEES OR OTHER ELECTED BODY BEFORE  ANY  PILOT
AGREEMENT CAN BE GRANTED IN AN INCORPORATED AREA, CITY OR TOWN.
  2.  THE AGENCY SHALL OBTAIN A VILLAGE SPECIFIC, TOWN SPECIFIC, OR CITY
SPECIFIC IMPACT ANALYSIS TO DETERMINE THE IMPACT OF THE PLANNED PILOT ON
THE TAX BASE OF TAXING BODIES IN THE COMMUNITY WHERE THE PILOT  WILL  BE
LOCATED.
  3.  THE  DEVELOPER  SHALL BEAR ALL COST RELATED TO THE REQUIRED IMPACT
STUDY.
  4. THE LOCAL MUNICIPALITY AND THE  AGENCY  SHALL  JOINTLY  SELECT  THE
ORGANIZATION ASSIGNED TO DO THE IMPACT ANALYSIS.
  5.  THE  AGENCY'S  BOARD OF DIRECTORS SHALL CONSIST OF REPRESENTATIVES
FROM EACH OF THE FOLLOWING ENTITIES:
  (A) COUNTY;
  (B) TOWN;
  (C) CITY;
  (D) VILLAGE; AND

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD16164-07-0
              

co-Sponsors

2009-S7157B (ACTIVE) - Details

See Assembly Version of this Bill:
A10033
Current Committee:
Senate Local Government
Law Section:
General Municipal Law
Laws Affected:
Amd §§905 & 902, Gen Muni L
Versions Introduced in 2011-2012 Legislative Session:
S3887, A6865

2009-S7157B (ACTIVE) - Summary

Requires signatures of chief executives of local municipalities for payments in lieu of payments prior to the grant of application or the effectiveness of any such grant for a payment in lieu of taxes by an industrial development agency or any other agency that affects a municipality; makes related provisions.

2009-S7157B (ACTIVE) - Sponsor Memo

2009-S7157B (ACTIVE) - Bill Text download pdf

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

                                 7157--B

                            I N  S E N A T E

                             March 17, 2010
                               ___________

Introduced by Sens. HANNON, DeFRANCISCO -- read twice and ordered print-
  ed, and when printed to be committed to the Committee on Local Govern-
  ment  --  committee  discharged,  bill  amended,  ordered reprinted as
  amended and recommitted to said  committee  --  committee  discharged,
  bill  amended,  ordered  reprinted  as amended and recommitted to said
  committee

AN ACT to amend the general municipal law, in relation to  the  town  of
  Hempstead  industrial  development agency and the Nassau county indus-
  trial 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  (PILOT)  AGREEMENT  BY  THE  AGENCY  FOR A PROJECT LOCATED IN THE
VILLAGE OF FREEPORT OR THE VILLAGE OF HEMPSTEAD, THE WRITTEN CONSENT  OF
THE  CHIEF  EXECUTIVE OFFICER OF THE AFFECTED VILLAGE SHALL BE OBTAINED.
THE AGENCY SHALL ALSO OBTAIN THE APPROVAL, BY THREE-FIFTHS MAJORITY,  OF
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.
              

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