Senate Bill S863

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

                                 863--A
    Cal. No. 77

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced  by  Sen.  YOUNG  -- read twice and ordered printed, and when
  printed to be committed  to  the  Committee  on  Local  Government  --
  reported  favorably  from  said committee, ordered to first and second
  report, ordered to a third reading,  amended  and  ordered  reprinted,
  retaining its place in the order of third reading

AN ACT to amend the real property tax law, in relation to establishing a
  residential-commercial  exemption  program  in  certain  counties; and
  providing for the repeal of such provisions upon the expiration there-
  of

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

  Section  1.  The  real  property  tax  law  is amended by adding a new
section 485-n to read as follows:
  S 485-N.  RESIDENTIAL-COMMERCIAL EXEMPTION PROGRAM. 1. DEFINITIONS. AS
USED IN THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEAN-
INGS:
  (A) "APPLICANT" MEANS ANY PERSON OBLIGATED TO PAY REAL PROPERTY  TAXES
ON REAL PROPERTY FOR WHICH AN EXEMPTION FROM TAXES UNDER THIS SECTION IS
SOUGHT.
  (B) "BENEFIT AREA" MEANS THE AREA WITHIN A MUNICIPALITY, DESIGNATED BY
LOCAL  LAW, TO WHICH AN EXEMPTION, ESTABLISHED PURSUANT TO THIS SECTION,
APPLIES.
  (C) "COMMERCIAL CONSTRUCTION WORK" MEANS THE MODERNIZATION,  REHABILI-
TATION, EXPANSION OR OTHER IMPROVEMENT OF COMMERCIAL USE PROPERTY OR THE
PORTION OF MIXED-USE PROPERTY TO BE USED FOR COMMERCIAL PURPOSES.
  (D) "COMMERCIAL PURPOSE OR USE" MEANS THE BUYING, SELLING OR OTHERWISE
PROVIDING  OF  GOODS  OR  SERVICES,  INCLUDING  HOTEL SERVICES, OR OTHER
LAWFUL BUSINESS OR COMMERCIAL ACTIVITIES PERMITTED UPON MIXED-USE  PROP-
ERTY.

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

                                                           LBD02688-03-1

S. 863--A                           2

  (E) "COMMERCIAL USE PROPERTY" MEANS REAL PROPERTY ON WHICH WILL EXIST,
AFTER  COMPLETION  OF  COMMERCIAL CONSTRUCTION WORK, A BUILDING USED FOR
COMMERCIAL PURPOSES OR USE.
  (F)  "MIXED-USE  PROPERTY"  MEANS  REAL  PROPERTY ON WHICH WILL EXIST,
AFTER COMPLETION OF RESIDENTIAL CONSTRUCTION WORK OR  A  COMBINATION  OF
RESIDENTIAL CONSTRUCTION WORK AND COMMERCIAL CONSTRUCTION WORK, A BUILD-
ING OR STRUCTURE USED FOR BOTH RESIDENTIAL AND COMMERCIAL PURPOSES.
  (G) "MUNICIPALITY" MEANS ANY TOWN, CITY, VILLAGE OR OTHER TAXING ENTI-
TY  LOCATED  IN A COUNTY HAVING A POPULATION OF NOT LESS THAN SIXTY-FOUR
THOUSAND THREE HUNDRED  AND  NOT  MORE  THAN  SIXTY-FOUR  THOUSAND  FOUR
HUNDRED  AS  DETERMINED BY THE FEDERAL DECENNIAL CENSUS FOR THE YEAR TWO
THOUSAND.
  (H) "RESIDENTIAL CONSTRUCTION WORK" MEANS THE CREATION, MODERNIZATION,
REHABILITATION, EXPANSION OR OTHER IMPROVEMENT OF DWELLING UNITS,  OTHER
THAN  DWELLING UNITS IN A HOTEL, IN THE PORTION OF MIXED-USE PROPERTY TO
BE USED FOR RESIDENTIAL PURPOSES.
  2. A MUNICIPALITY MAY, BY LOCAL LAW, PROVIDE FOR THE EXEMPTION OF REAL
PROPERTY IN A DESIGNATED BENEFIT AREA FROM TAXATION AS PROVIDED IN  THIS
SECTION. UPON THE ADOPTION OF SUCH A LOCAL LAW, THE COUNTY IN WHICH SUCH
MUNICIPALITY  IS LOCATED MAY, BY LOCAL LAW, AND ANY SCHOOL DISTRICT, ALL
OR PART OF WHICH IS LOCATED IN SUCH MUNICIPALITY,  MAY,  BY  RESOLUTION,
EXEMPT  SUCH  PROPERTY  FROM  ITS TAXATION IN THE SAME MANNER AND TO THE
SAME EXTENT AS SUCH MUNICIPALITY HAS DONE.
  3. UPON THE ADOPTION OF SUCH A LOCAL LAW THE COMMERCIAL  USE  PROPERTY
OR MIXED-USE PROPERTY THAT WAS CONVERTED, CREATED, MODERNIZED, REHABILI-
TATED, EXPANDED OR OTHERWISE IMPROVED, SHALL BE EXEMPT FROM TAXATION AND
SPECIAL  AD  VALOREM  LEVIES AS PROVIDED FOR IN SUBDIVISION FOUR OF THIS
SECTION.
  4. (A) (I) FOR A PERIOD OF TWELVE YEARS FOLLOWING THE APPROVAL  OF  AN
APPLICATION,  THE  INCREASE IN ASSESSED VALUE OF SUCH PROPERTY ATTRIBUT-
ABLE TO SUCH CONVERSION, CREATION, MODERNIZATION, REHABILITATION, EXPAN-
SION OR OTHER IMPROVEMENT SHALL BE EXEMPT AS  PROVIDED  IN  SUBPARAGRAPH
(II) OF THIS PARAGRAPH. SUCH EXEMPTION SHALL BE COMPUTED WITH RESPECT TO
THE  "EXEMPTION  BASE".  THE EXEMPTION BASE SHALL BE DETERMINED FOR EACH
YEAR IN WHICH THERE IS AN INCREASE IN  ASSESSED  VALUE  SO  ATTRIBUTABLE
FROM THAT OF THE PREVIOUS YEAR'S ASSESSED VALUE.
  (II)  THE  FOLLOWING  SHALL  DETERMINE  THE  COMPUTATION  OF  THE  TAX
EXEMPTION:

YEAR OF EXEMPTION   PERCENTAGE OF EXEMPTION
   1 THROUGH 8      100% OF EXEMPTION BASE
   9                80% OF EXEMPTION BASE
   10               60% OF EXEMPTION BASE
   11               40% OF EXEMPTION BASE
   12               20% OF EXEMPTION BASE

  (B) NO SUCH EXEMPTION SHALL BE GRANTED UNLESS:
  (I) SUCH CONVERSION, CREATION, MODERNIZATION,  REHABILITATION,  EXPAN-
SION  OR OTHER IMPROVEMENT WAS COMMENCED SUBSEQUENT TO THE DATE ON WHICH
THE MUNICIPALITY'S LOCAL LAW TOOK EFFECT; AND
  (II) THE COST OF SUCH CONVERSION  EXCEEDS  THE  SUM  OF  TEN  THOUSAND
DOLLARS OR SUCH GREATER AMOUNT AS MAY BE SPECIFIED BY LOCAL LAW.
  (C)  FOR  PURPOSES  OF  THIS  SECTION  THE TERM "CONVERSION, CREATION,
MODERNIZATION, REHABILITATION, EXPANSION OR OTHER IMPROVEMENT" SHALL NOT
INCLUDE ORDINARY MAINTENANCE AND REPAIRS.

S. 863--A                           3

  (D) NO SUCH EXEMPTION SHALL BE GRANTED CONCURRENT WITH  OR  SUBSEQUENT
TO  ANY  OTHER  REAL PROPERTY TAX EXEMPTION GRANTED TO THE SAME IMPROVE-
MENTS TO REAL PROPERTY, EXCEPT, WHERE DURING THE PERIOD OF SUCH PREVIOUS
EXEMPTION, PAYMENTS IN LIEU OF TAXES OR OTHER PAYMENTS WERE MADE TO  THE
MUNICIPALITY  IN AN AMOUNT THAT WOULD HAVE BEEN EQUAL TO OR GREATER THAN
THE AMOUNT OF REAL PROPERTY TAXES THAT WOULD  HAVE  BEEN  PAID  ON  SUCH
IMPROVEMENTS  HAD  SUCH  PROPERTY  BEEN GRANTED AN EXEMPTION PURSUANT TO
THIS SECTION. IN SUCH CASE, AN EXEMPTION SHALL BE GRANTED FOR  A  NUMBER
OF  YEARS  EQUAL  TO  THE TWELVE YEAR EXEMPTION GRANTED PURSUANT TO THIS
SECTION LESS THE NUMBER OF YEARS THE PROPERTY WOULD HAVE BEEN PREVIOUSLY
EXEMPT FROM REAL PROPERTY TAXES.
  5. SUCH EXEMPTION SHALL BE GRANTED ONLY UPON APPLICATION BY THE  OWNER
OF REAL PROPERTY ON A FORM PRESCRIBED BY THE COMMISSIONER. SUCH APPLICA-
TION  SHALL  BE  FILED  WITH  THE ASSESSOR OF THE MUNICIPALITY OR COUNTY
HAVING THE POWER TO ASSESS PROPERTY FOR TAXATION ON OR BEFORE THE APPRO-
PRIATE TAXABLE STATUS DATE OF SUCH MUNICIPALITY OR COUNTY.
  6. IF THE ASSESSOR IS SATISFIED THAT THE APPLICANT IS ENTITLED  TO  AN
EXEMPTION PURSUANT TO THIS SECTION, HE OR SHE SHALL APPROVE THE APPLICA-
TION AND SUCH REAL PROPERTY SHALL THEREAFTER BE EXEMPT FROM TAXATION AND
SPECIAL  AD  VALOREM  LEVIES AS PROVIDED IN THIS SECTION COMMENCING WITH
THE ASSESSMENT ROLL PREPARED AFTER THE TAXABLE STATUS DATE  REFERRED  TO
IN  SUBDIVISION  FIVE  OF  THIS  SECTION.    THE  ASSESSED  VALUE OF ANY
EXEMPTION GRANTED PURSUANT TO THIS  SECTION  SHALL  BE  ENTERED  BY  THE
ASSESSOR  ON  THE  ASSESSMENT  ROLL  WITH THE TAXABLE PROPERTY, WITH THE
AMOUNT OF THE EXEMPTION SHOWN IN A SEPARATE COLUMN.
  S 2. This act shall take effect immediately, and shall expire  and  be
deemed repealed twelve years after such date.

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

                                 863--B
    Cal. No. 77

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced  by  Sens. YOUNG, GALLIVAN -- read twice and ordered printed,
  and when printed to be committed to the Committee on Local  Government
  -- reported favorably from said committee, ordered to first and second
  report,  ordered  to  a  third reading, amended and ordered reprinted,
  retaining its place in the order of third reading -- passed by  Senate
  and  delivered  to the Assembly, recalled, vote reconsidered, restored
  to a third reading, amended and ordered reprinted, retaining its place
  in the order of third reading

AN ACT to amend the real property tax law, in relation to establishing a
  residential-commercial exemption  program  in  certain  counties;  and
  providing for the repeal of such provisions upon the expiration there-
  of

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

  Section 1. The real property tax  law  is  amended  by  adding  a  new
section 485-n to read as follows:
  S 485-N.  RESIDENTIAL-COMMERCIAL EXEMPTION PROGRAM. 1. DEFINITIONS. AS
USED IN THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEAN-
INGS:
  (A)  "APPLICANT" MEANS ANY PERSON OBLIGATED TO PAY REAL PROPERTY TAXES
ON REAL PROPERTY FOR WHICH AN EXEMPTION FROM TAXES UNDER THIS SECTION IS
SOUGHT.
  (B) "BENEFIT AREA" MEANS THE AREA WITHIN A MUNICIPALITY, DESIGNATED BY
LOCAL LAW, TO WHICH AN EXEMPTION, ESTABLISHED PURSUANT TO THIS  SECTION,
APPLIES.
  (C)  "COMMERCIAL CONSTRUCTION WORK" MEANS THE MODERNIZATION, REHABILI-
TATION, EXPANSION OR OTHER IMPROVEMENT OF COMMERCIAL USE PROPERTY OR THE
PORTION OF MIXED-USE PROPERTY TO BE USED FOR COMMERCIAL PURPOSES.
  (D) "COMMERCIAL PURPOSE OR USE" MEANS THE BUYING, SELLING OR OTHERWISE
PROVIDING OF GOODS OR  SERVICES,  INCLUDING  HOTEL  SERVICES,  OR  OTHER

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                      [ ] is old law to be omitted.
                                                           LBD02688-06-1

S. 863--B                           2

LAWFUL  BUSINESS OR COMMERCIAL ACTIVITIES PERMITTED UPON MIXED-USE PROP-
ERTY.
  (E) "COMMERCIAL USE PROPERTY" MEANS REAL PROPERTY ON WHICH WILL EXIST,
AFTER  COMPLETION  OF  COMMERCIAL CONSTRUCTION WORK, A BUILDING USED FOR
COMMERCIAL PURPOSES OR USE.
  (F) "MIXED-USE PROPERTY" MEANS REAL  PROPERTY  ON  WHICH  WILL  EXIST,
AFTER  COMPLETION  OF  RESIDENTIAL CONSTRUCTION WORK OR A COMBINATION OF
RESIDENTIAL CONSTRUCTION WORK AND COMMERCIAL CONSTRUCTION WORK, A BUILD-
ING OR STRUCTURE USED FOR BOTH RESIDENTIAL AND COMMERCIAL PURPOSES.
  (G) "MUNICIPALITY" MEANS ANY TOWN, CITY, VILLAGE OR OTHER TAXING ENTI-
TY LOCATED IN A COUNTY HAVING A POPULATION OF NOT LESS  THAN  SIXTY-FIVE
THOUSAND THREE HUNDRED NINETY AND NOT MORE THAN SIXTY-FIVE THOUSAND FOUR
HUNDRED  AS  DETERMINED BY THE FEDERAL DECENNIAL CENSUS FOR THE YEAR TWO
THOUSAND TEN.
  (H) "RESIDENTIAL CONSTRUCTION WORK" MEANS THE CREATION, MODERNIZATION,
REHABILITATION, EXPANSION OR OTHER IMPROVEMENT OF DWELLING UNITS,  OTHER
THAN  DWELLING UNITS IN A HOTEL, IN THE PORTION OF MIXED-USE PROPERTY TO
BE USED FOR RESIDENTIAL PURPOSES.
  2. (A) A MUNICIPALITY, OTHER THAN  A  COUNTY  OR  SCHOOL  DISTRICT  AS
PROVIDED  IN  THIS SECTION, MAY, BY LOCAL LAW, PROVIDE FOR THE EXEMPTION
OF REAL PROPERTY IN A DESIGNATED BENEFIT AREA FROM TAXATION AS  PROVIDED
IN  THIS  SECTION.  SUBSEQUENT  TO THE ADOPTION OF SUCH A LOCAL LAW, THE
COUNTY IN WHICH SUCH MUNICIPALITY IS LOCATED MAY, BY LOCAL LAW, AND  ANY
SCHOOL  DISTRICT,  ALL OR PART OF WHICH IS LOCATED IN SUCH MUNICIPALITY,
MAY, BY RESOLUTION, EXEMPT SUCH PROPERTY FROM ITS TAXATION IN  THE  SAME
MANNER AND TO THE SAME EXTENT AS SUCH MUNICIPALITY HAS DONE.
  (B)   SUCH   LOCAL   LAW  SHALL  PROVIDE  FOR  THE  APPOINTMENT  OF  A
COMMERCIAL/MIXED USE INCENTIVE BOARD  WHICH  SHALL  BE  RESPONSIBLE  FOR
DESIGNATING  THE  BENEFIT AREA TO BE EXEMPT FROM TAXATION AS PROVIDED IN
THIS SECTION. THE MEMBERSHIP AND COMPOSITION OF SUCH BOARD SHALL BE  SET
FORTH IN LOCAL LAW. SUCH BOARD SHALL PRESENT A PLAN TO THE LOCAL GOVERN-
ING  BODY  CONCERNING  THE  VARIOUS TYPES OF COMMERCIAL AND/OR MIXED-USE
PROPERTIES WHICH MAY BE GRANTED AN EXEMPTION PURSUANT TO  THIS  SECTION.
IN  ADDITION  SUCH  PLAN SHALL IDENTIFY DESIGNATED BENEFIT AREAS, WITHIN
WHICH SUCH EXEMPTION  MAY  BE  OFFERED.  IN  DEVELOPING  SUCH  PLAN  THE
COMMERCIAL/MIXED  USE INCENTIVE BOARD SHALL CONSIDER THE PLANNING OBJEC-
TIVES OF THE MUNICIPALITY AND THE NECESSITY  OF  THE  EXEMPTION  TO  THE
ATTRACTION  OF COMMERCIAL AND MIXED USE DEVELOPMENT AS IDENTIFIED BY THE
MUNICIPALITY  AND  THE  ECONOMIC  BENEFIT  TO  THE  AREA  OF   PROVIDING
EXEMPTIONS  TO COMMERCIAL AND MIXED-USE PROPERTIES. IN INSTANCES WHERE A
MUNICIPALITY HAS PREVIOUSLY DESIGNED A BUSINESS DISTRICT ENCOMPASSING  A
DEFINED  AREA  WHICH WAS SUBJECT TO PUBLIC INPUT AND WAS APPROVED BY AND
RECEIVED FUNDING FOR ECONOMIC DEVELOPMENT PURPOSES FROM A STATE  AGENCY,
THE  MUNICIPALITY  MAY UTILIZE THE DEFINED BOUNDARIES OF SUCH PREVIOUSLY
DEFINED AREA, OR A COMBINATION OF SUCH BOUNDARIES SUBJECT TO  REVIEW  BY
THE COMMERCIAL/MIXED-USE INCENTIVE BOARD.
  3.  UPON  THE ADOPTION OF SUCH A LOCAL LAW THE COMMERCIAL USE PROPERTY
OR MIXED-USE PROPERTY THAT WAS CONVERTED, CREATED, MODERNIZED, REHABILI-
TATED, EXPANDED OR OTHERWISE IMPROVED, SHALL BE EXEMPT FROM TAXATION AND
SPECIAL AD VALOREM LEVIES AS PROVIDED FOR IN SUBDIVISION  FOUR  OF  THIS
SECTION.
  4.  (A)  (I) FOR A PERIOD OF TWELVE YEARS FOLLOWING THE APPROVAL OF AN
APPLICATION, THE INCREASE IN ASSESSED VALUE OF SUCH  PROPERTY  ATTRIBUT-
ABLE TO SUCH CONVERSION, CREATION, MODERNIZATION, REHABILITATION, EXPAN-
SION  OR  OTHER  IMPROVEMENT SHALL BE EXEMPT AS PROVIDED IN SUBPARAGRAPH
(II) OF THIS PARAGRAPH. SUCH EXEMPTION SHALL BE COMPUTED WITH RESPECT TO

S. 863--B                           3

THE "EXEMPTION BASE". THE EXEMPTION BASE SHALL BE  DETERMINED  FOR  EACH
YEAR  IN  WHICH  THERE  IS AN INCREASE IN ASSESSED VALUE SO ATTRIBUTABLE
FROM THAT OF THE PREVIOUS YEAR'S ASSESSED VALUE.
  (II)  THE  FOLLOWING  SHALL  DETERMINE  THE  COMPUTATION  OF  THE  TAX
EXEMPTION:

YEAR OF EXEMPTION   PERCENTAGE OF EXEMPTION
   1 THROUGH 8      100% OF EXEMPTION BASE
   9                80% OF EXEMPTION BASE
   10               60% OF EXEMPTION BASE
   11               40% OF EXEMPTION BASE
   12               20% OF EXEMPTION BASE

  (B) NO SUCH EXEMPTION SHALL BE GRANTED UNLESS:
  (I) SUCH CONVERSION, CREATION, MODERNIZATION,  REHABILITATION,  EXPAN-
SION  OR OTHER IMPROVEMENT WAS COMMENCED SUBSEQUENT TO THE DATE ON WHICH
THE MUNICIPALITY'S LOCAL LAW TOOK EFFECT; AND
  (II) THE COST OF SUCH CONVERSION  EXCEEDS  THE  SUM  OF  TEN  THOUSAND
DOLLARS OR SUCH GREATER AMOUNT AS MAY BE SPECIFIED BY LOCAL LAW.
  (C)  FOR  PURPOSES  OF  THIS  SECTION  THE TERM "CONVERSION, CREATION,
MODERNIZATION, REHABILITATION, EXPANSION OR OTHER IMPROVEMENT" SHALL NOT
INCLUDE ORDINARY MAINTENANCE AND REPAIRS.
  (D) NO SUCH EXEMPTION SHALL BE GRANTED CONCURRENT WITH  OR  SUBSEQUENT
TO  ANY  OTHER  REAL PROPERTY TAX EXEMPTION GRANTED TO THE SAME IMPROVE-
MENTS TO REAL PROPERTY, EXCEPT, WHERE DURING THE PERIOD OF SUCH PREVIOUS
EXEMPTION, PAYMENTS IN LIEU OF TAXES OR OTHER PAYMENTS WERE MADE TO  THE
MUNICIPALITY  IN AN AMOUNT THAT WOULD HAVE BEEN EQUAL TO OR GREATER THAN
THE AMOUNT OF REAL PROPERTY TAXES THAT WOULD  HAVE  BEEN  PAID  ON  SUCH
IMPROVEMENTS  HAD  SUCH  PROPERTY  BEEN GRANTED AN EXEMPTION PURSUANT TO
THIS SECTION. IN SUCH CASE, AN EXEMPTION SHALL BE GRANTED FOR  A  NUMBER
OF  YEARS  EQUAL  TO  THE TWELVE YEAR EXEMPTION GRANTED PURSUANT TO THIS
SECTION LESS THE NUMBER OF YEARS THE PROPERTY WOULD HAVE BEEN PREVIOUSLY
EXEMPT FROM REAL PROPERTY TAXES.
  5. SUCH EXEMPTION SHALL BE GRANTED ONLY UPON APPLICATION BY THE  OWNER
OF REAL PROPERTY ON A FORM PRESCRIBED BY THE COMMISSIONER. SUCH APPLICA-
TION  SHALL  BE  FILED  WITH  THE ASSESSOR OF THE MUNICIPALITY OR COUNTY
HAVING THE POWER TO ASSESS PROPERTY FOR TAXATION ON OR BEFORE THE APPRO-
PRIATE TAXABLE STATUS DATE OF SUCH MUNICIPALITY OR COUNTY.
  6. IF THE ASSESSOR IS SATISFIED THAT THE APPLICANT IS ENTITLED  TO  AN
EXEMPTION PURSUANT TO THIS SECTION, HE OR SHE SHALL APPROVE THE APPLICA-
TION AND SUCH REAL PROPERTY SHALL THEREAFTER BE EXEMPT FROM TAXATION AND
SPECIAL  AD  VALOREM  LEVIES AS PROVIDED IN THIS SECTION COMMENCING WITH
THE ASSESSMENT ROLL PREPARED AFTER THE TAXABLE STATUS DATE  REFERRED  TO
IN  SUBDIVISION  FIVE  OF  THIS  SECTION.    THE  ASSESSED  VALUE OF ANY
EXEMPTION GRANTED PURSUANT TO THIS  SECTION  SHALL  BE  ENTERED  BY  THE
ASSESSOR  ON  THE  ASSESSMENT  ROLL  WITH THE TAXABLE PROPERTY, WITH THE
AMOUNT OF THE EXEMPTION SHOWN IN A SEPARATE COLUMN.
  S 2. This act shall take effect immediately, and shall expire  and  be
deemed repealed twelve years after such date.