senate Bill S6929

Signed By Governor
2011-2012 Legislative Session

Extends the authority for villages to hold tax lien sales

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Archive: Last Bill Status Via A9816 - 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 18, 2012 signed chap.154
Jul 06, 2012 delivered to governor
Jun 06, 2012 returned to assembly
passed senate
3rd reading cal.697
substituted for s6929
Jun 06, 2012 substituted by a9816
May 08, 2012 advanced to third reading
May 07, 2012 2nd report cal.
May 02, 2012 1st report cal.697
Apr 13, 2012 referred to local government

Votes

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S6929 - Bill Details

See Assembly Version of this Bill:
A9816
Law Section:
Villages
Laws Affected:
Amd §6, Chap 602 of 1993

S6929 - Bill Texts

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Extends the authority for villages to hold tax lien sales.

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BILL NUMBER:S6929

TITLE OF BILL:
An act
to amend chapter 602 of the laws of 1993 amending the real property tax
law relating to the enforcement of the collection of delinquent real
property taxes and to the collection of taxes by banks, in relation to
the enforcement of the collection of taxes in certain villages

PURPOSE OR GENERAL IDEA OF BILL:
To extend for three additional years the authority for villages to
hold annual tax lien sales as a means of enforcing collection of
delinquent taxes.

SUMMARY OF SPECIFIC PROVISIONS:
Amends subdivision (c) of §6 of Chapter 602 of the Laws of 1993, to
provide that any village which adopted a local law by September 1,
1994, authorizing such village to continue to enforce unpaid property
taxes by tax lien sale, may continue to hold tax lien sales for
village taxes which become liens in 2013, 2014 and 2015.

JUSTIFICATION:
Chapter 602 of the Laws of 1993, which became effective on January 1,
1995, comprehensively reformed the method by which local governments
enforce the collection of unpaid real property taxes. Part of that
reform included eliminating municipal authority to enforce unpaid
taxes via tax lien sales. However, Chapter 602 authorized counties,
cities and towns with local charters that included tax enforcement
provisions including tax lien sales - to opt out of the new
enforcement system by adopting a local law prior to July 1, 1994. To
address the needs of the 165 villages for whom their county does not
enforce village taxes, the Legislature then enacted Chapter 532 of
the Laws of 1994, amending Chapter 602 to provide that any village
using tax lien sales as a means of tax enforcement was authorized to
enact a local law retaining the right to continue to hold annual tax
lien sales for village taxes that became liens in 1995, 1996 and
1997. This was then extended several times to allow for tax lien
sales through 2012. More than 100 villages passed such a local law,
and continue to rely upon tax lien sales.

A tax lien sale is NOT the public sale of property, but rather the
public sale of the current year's delinquent property taxes on a
property. By selling such liens, villages are able to recoup the
-outstanding delinquent taxes owed the village, including interest
penalties and charges.

Additionally, the public notice of the impending sale of tax liens
serves to encourage delinquent taxpayers to remit full payment of
their property taxes. For many villages, particularly in the
downstate region, annual tax lien sales serve as a critical cash flow
device. without such tax lien sales, villages would be required to
raise an additional amount
of property taxes to cover delinquencies. This bill would allow
villages to continue to use tax lien sales for village taxes levied
in 2013, 2014 and 2015.


PRIOR LEGISLATIVE HISTORY:
This is a new bill. The previous extension of this legislation was
included in Chapter 230 of the Laws of 2009.

FISCAL IMPLICATIONS:
None to the State. will enable tax enforcing villages to continue
holding tax lien sales to reduce their tax delinquency liability,
thereby relieving pressure on the property tax.

EFFECTIVE DATE:
This act shall take effect immediately.

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

    S. 6929                                                  A. 9816

                      S E N A T E - A S S E M B L Y

                             April 13, 2012
                               ___________

IN SENATE -- Introduced by Sen. MARTINS -- read twice and ordered print-
  ed, and when printed to be committed to the Committee on Local Govern-
  ment

IN  ASSEMBLY -- Introduced by M. of A. SCHIMEL -- read once and referred
  to the Committee on Real Property Taxation

AN ACT to amend chapter 602 of the laws of 1993 amending the real  prop-
  erty  tax  law relating to the enforcement of the collection of delin-
  quent real property taxes and to the collection of taxes by banks,  in
  relation  to  the  enforcement  of  the collection of taxes in certain
  villages

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

  Section  1. Subdivision (c) of section 6 of chapter 602 of the laws of
1993 amending the real property tax law relating to the  enforcement  of
the  collection  of delinquent real property taxes and to the collection
of taxes by banks, as amended by chapter 230 of the  laws  of  2009,  is
amended to read as follows:
  (c)  A  village which conducted a tax sale in 1993 pursuant to section
1454 of the real property tax law is hereby authorized to adopt a  local
law  without referendum, no later than September 1, 1994, providing that
the collection of taxes that shall become liens on or after  January  1,
1995  and on or before December 31, [2012] 2015 shall be enforced pursu-
ant to title 3 of article 14 of the real property tax law, as  the  same
shall  have  been in effect on the last day preceding the effective date
of this act. A copy of such local law shall  be  filed  with  the  state
board of equalization and assessment no later than October 1, 1994.
  S  2.  This  act  shall take effect immediately and shall be deemed to
have been in full force and effect on and after July 26, 1994.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD15262-01-2

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