Senate Bill S7362

                                 BILL NUMBER:  S7362

 TITLE OF BILL :
An act to amend the real property tax law, in relation to authorizing
the local legislative body of a city having a population of one
million or more the authority to grant an exemption for real property
used for professional major league sports


 PURPOSE :
Provides that real property tax exemption for professional basketball
and hockey franchises in a city of one million or more shall be
subject to local law.

 SUMMARY OF PROVISIONS :
The bill amends section 429 of the real property tax law, "real
property used for professional major league sports," to require that
the owners of Madison Square Garden pay real property taxes. The
Garden currently enjoys a curiously worded exemption from taxes, based
on the fact that it meets the following criteria, which are applicable
to no other property in New York:

1. It is located in a city with a population of one million or more,
and used by both a professional major league hockey team which is a
member of the National Hockey League and a professional major league
basketball team which is a member of the National Basketball
              

Association to play their home games.

2. It is exempt from taxation to the extent that the taxes are the
obligation by lease or otherwise of the owners of franchises for such
teams, provided that such owners enter into a written agreement with
the chief executive officer of the municipality in which such property
is located to play their home games within such municipality for a
period of at least ten consecutive years.

3. The tax exemption is granted on the date the agreement is executed
and applies to taxes which become due and payable after the agreement
is executed. The Exemption continues as long as both of the
professional teams play their home games there and no longer.

4. The exemption also applies to improvements used for the provision
of facilities or services related to sports, entertainment,
expositions, conventions or trade shows.

5. If one or both of said teams ceases to play their home games at the
property at any time, the tax exemption ceases immediately.

The amendment adds new language to the section/ to make it clear that
the property is still subject to taxation, and that the full amount of
such taxes are and shall be the obligations of the owners of such
property, and may not be made obligations by lease or otherwise of the
owners of the teams referred to hereinabove. The amendment also makes
it clear that any provision in a lease, agreement, or any other
written instrument requiring that any such taxes or their equivalent
in the form of any charges of any kind whatsoever, imposed by whatever
name, be made obligations of the owners of such teams shall be void on
and after the effective date of this act as against state policy.

 JUSTIFICATION :
No exemption is granted in perpetuity. The purpose of this bill is to
eliminate the exemption/ but to insure that fans are not penalized by
the owners of the facility, in the form of passing onto them any
charges or other costs as a proxy for the taxes the owners must pay.

 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.