senate Bill S1145

2013-2014 Legislative Session

Authorizes cities or towns to impose a tax on real estate transfers and authorizes municipalities to create community preservation funds

download bill text pdf

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Archive: Last Bill Status - In Senate Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (2)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2014 referred to environmental conservation
Jan 09, 2013 referred to environmental conservation

S1145 - Details

Law Section:
Environmental Conservation Law
Laws Affected:
Amd §49-0209, En Con L; add §248, Gen Muni L; add Art 31-H §§1449-aaaaaa - 1449-oooooo, Tax L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S1447
2009-2010: S381

S1145 - Summary

Authorizes cities or towns to impose a tax on real estate transfers and authorizes municipalities to create community preservation funds.

S1145 - Sponsor Memo

S1145 - Bill Text download pdf

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

                                  1145

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sen. BRESLIN -- read twice and ordered printed, and when
  printed to be committed to the Committee on Environmental Conservation

AN ACT to amend the environmental conservation law, the general  munici-
  pal  law  and the tax law, in relation to authorizing cities and towns
  to impose a tax on real  estate  transfers,  and  authorizing  munici-
  palities to create community preservation funds

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

  Section 1. Paragraph g of subdivision 2  of  section  49-0209  of  the
environmental  conservation  law, as added by chapter 596 of the laws of
2007, is amended to read as follows:
  g. review any community preservation project plans PREPARED  BY  TOWNS
WITHIN  THE  REGION  developed  pursuant to section six-s of the general
municipal law.
  S 2. The general municipal law is amended by adding a new section  248
to read as follows:
  S  248. COMMUNITY PRESERVATION FUNDS.  1. AS USED IN THIS SECTION, THE
FOLLOWING WORDS AND TERMS SHALL HAVE THE FOLLOWING MEANINGS:
  (A) "COMMUNITY PRESERVATION" OR "PRESERVATION OF COMMUNITY  CHARACTER"
SHALL  MEAN AND INCLUDE ANY OF THE PURPOSES OUTLINED IN SUBDIVISION FIVE
OF THIS SECTION.
  (B) "BOARD" MEANS THE ADVISORY BOARD REQUIRED PURSUANT TO  SUBDIVISION
SIX OF THIS SECTION.
  (C) "TAX" MEANS THE REAL ESTATE TRANSFER TAX PAYABLE ON A REAL PROPER-
TY  CONVEYANCE PURSUANT TO SECTION FOURTEEN HUNDRED FORTY-NINE-BBBBBB OF
THE TAX LAW, BUT SHALL HAVE A DIFFERENT MEANING IF THE  CONTEXT  CLEARLY
INDICATES SUCH AS THE REAL ESTATE TRANSFER TAX IMPOSED PURSUANT TO ARTI-
CLE THIRTY-ONE OF THE TAX LAW.
  (D)  "FUND"  MEANS THE COMMUNITY PRESERVATION FUND CREATED PURSUANT TO
SUBDIVISION TWO OF THIS SECTION.

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

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