Senate Bill S3449

                                 BILL NUMBER:  S3449

 TITLE OF BILL :  An act to repeal section 429 of the real property
tax law relating to real property used for professional major league
sports

 PURPOSE :  To require payment of taxes by the owners of Madison
Square Garden.

 SUMMARY OF PROVISIONS :  The bill repeals 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 he 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 immediately.