Senate Bill S7761

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

                                  7761

                            I N  S E N A T E

                              June 18, 2012
                               ___________

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

AN ACT to amend the general municipal law, in  relation  to  designating
  payments  made  pursuant  to  payment  in  lieu of taxes agreements as
  "taxes or other lawful charges"

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

  Section 1. Subdivision 15 of section 858 of the general municipal law,
as  added  by  chapter  356  of  the laws of 1993, is amended to read as
follows:
  (15) To enter into agreements requiring payments  in  lieu  of  taxes.
Such agreements shall be in writing and in addition to other terms shall
contain: the amount due annually to each affected tax jurisdiction (or a
formula by which the amount due can be calculated), the name and address
of the person, office or agency to which payment shall be delivered, the
date on which payment shall be made, and the date on which payment shall
be  considered  delinquent  if  not paid. Unless otherwise agreed by the
affected tax  jurisdictions,  any  such  agreement  shall  provide  that
payments  in  lieu of taxes shall be allocated among affected tax juris-
dictions in proportion to the amount of  real  property  tax  and  other
taxes  which  would have been received by each affected tax jurisdiction
had the project not been tax exempt due to  the  status  of  the  agency
involved in the project. A copy of any such agreement shall be delivered
to  each  affected  tax  jurisdiction within fifteen days of signing the
agreement. In the absence of any such  written  agreement,  payments  in
lieu  of  taxes  made  by  an  agency  shall  be  allocated  in the same
proportions as they had been prior to January  first,  nineteen  hundred
ninety-three  for  so  long  as the agency's activities render a project
non-taxable by affected tax  jurisdictions.  NOTWITHSTANDING  ANY  OTHER
GENERAL,  SPECIAL  OR  LOCAL  LAW, PAYMENTS UNDER SUCH AGREEMENTS MAY BE
DESIGNATED AS "TAXES OR OTHER LAWFUL CHARGES"  BY  THE  AGENCY  ENTERING
INTO  SUCH  AGREEMENTS.  UPON  SUCH DESIGNATION, AND FOR THE PERIOD THAT
PAYMENTS ARE MADE UNDER THE RESPECTIVE AGREEMENTS, THE AMOUNTS DUE SHALL
BECOME LIENS ON THE SUBJECT PROPERTY,  WITH  PRIORITY  SUPERIOR  TO  ALL

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

                                                           LBD16218-01-2

S. 7761                             2

EXISTING AND FUTURE CLAIMS OR ENCUMBRANCES ON THE SUBJECT PROPERTY.  THE
LIEN  SHALL  ATTACH  ON  A CALENDAR YEAR BASIS ON FEBRUARY FIRST OF EACH
CALENDAR YEAR IN AN AMOUNT EQUAL TO ALL PAYMENTS DUE UNDER  THE  RESPEC-
TIVE  AGREEMENTS IN SAID CALENDAR YEAR AND SAID LIEN SHALL HAVE PRIORITY
AND PARITY AS IF A TAX LIEN UNDER SECTION NINE  HUNDRED  TWELVE  OF  THE
REAL PROPERTY TAX LAW. THE AGENCY MAY BRING AN ACTION TO COLLECT AMOUNTS
DUE  AFTER  SAID  LIEN DATE UNDER SECTION ELEVEN HUNDRED TWENTY-THREE OF
THE REAL PROPERTY TAX LAW AS THE ENFORCING OFFICER, SUBJECT TO COMPLYING
WITH TITLE THREE OF ARTICLE ELEVEN OF THE REAL PROPERTY TAX LAW, EXCEPT-
ING, HOWEVER, SECTION ELEVEN HUNDRED TWENTY-TWO OF THE REAL PROPERTY TAX
LAW WHERE IN LIEU THEREOF, THE AGENCY SHALL FILE THE  SUBJECT  AGREEMENT
IN  THE  COUNTY  CLERK'S OFFICE WITH A DESIGNATION OF PAYMENTS WHICH ARE
DELINQUENT;
  S 2. This act shall take effect on the one hundred twentieth day after
it shall have become a law.