senate Bill S5776

Vetoed By Governor
2013-2014 Legislative Session

Relates to permitted use of funds of an industrial development agency

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Archive: Last Bill Status - Vetoed by Governor


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Sep 27, 2013 vetoed memo.222
Sep 17, 2013 delivered to governor
Jun 21, 2013 returned to senate
passed assembly
ordered to third reading rules cal.663
substituted for a8025
Jun 17, 2013 referred to local governments
delivered to assembly
passed senate
ordered to third reading cal.1409
committee discharged and committed to rules
Jun 14, 2013 referred to local government

Votes

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S5776 - Bill Details

See Assembly Version of this Bill:
A8025
Law Section:
General Municipal Law
Laws Affected:
Amd ยง862, Gen Muni L

S5776 - Bill Texts

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Relates to permitting funds of an industrial development agency to be used for certain retail projects in areas affected by disaster emergencies.

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BILL NUMBER:S5776

TITLE OF BILL: An act to amend the general municipal law, in relation
to restrictions on funds of industrial development agencies

PURPOSE: To allow for the approval of Industrial Development Agency
projects for property specifically used in making retail sales in
areas directly impacted negatively by a natural disaster.

SUMMARY OF PROVISIONS: Section one amends section 862 of the general
municipal law subdivision 2 to allow projects in a county impacted by
a natural disaster to be eligible for projects for property
specifically used in making retail sales.

Section two sets the effective date.

JUSTIFICATION: The storm commonly known as Hurricane Sandy was by most
estimates as one of the most destructive and deadly storms to hit the
United States since 1980. Sandy caused widespread destruction massive
flooding and prolonged power outages. Many local governments
throughout the State were severely affected by the flooding and the
extraordinary costs of repairing the damage are considerable.

In addition to the destruction of the homes of our residents, many
downtown areas also experienced property damage and loss. This bill
will allow local Industrial Development Agencies to finance projects
in the local downtown areas that were impacted by Sandy, in order to
provide relief to get small businesses back up and running and address
the issue of rebuilding our communities after Sandy holistically.

LEGISLATIVE HISTORY: This is a new bill.

FISCAL IMPLICATIONS: None to the state.

EFFECTIVE DATE: This act shall take effect immediately and shall be
deemed to have been in full force and effect on the same date and in
the same manner as section 1 of part J of chapter 59 of the laws of
2013 took effect; provided that this act shall apply to any
declaration that occurred on or after October 1, 2012.

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

                                  5776

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              June 14, 2013
                               ___________

Introduced  by  Sen. MARTINS -- read twice and ordered printed, and when
  printed to be committed to the Committee on Local Government

AN ACT to amend the general municipal law, in relation  to  restrictions
  on funds of industrial development agencies

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

  Section 1. Subdivision 2 of section 862 of the general municipal  law,
as  added  by  section 1 of part J of chapter 59 of the laws of 2013, is
amended to read as follows:
  (2) (a) Except as provided in paragraph (b) of  this  subdivision,  no
financial  assistance  of the agency shall be provided in respect of any
project where facilities or property that are primarily used  in  making
retail  sales  to customers who personally visit such facilities consti-
tute more than one-third of the total project cost. For the purposes  of
this  article,  "retail  sales"  shall  mean:  (i) sales by a registered
vendor under article twenty-eight of the tax law  primarily  engaged  in
the  retail  sale  of tangible personal property, as defined in subpara-
graph (i) of paragraph four of subdivision (b) of section eleven hundred
one of the tax law; or (ii)  sales  of  a  service  to  such  customers.
Except,  however, that tourism destination projects shall not be prohib-
ited by this subdivision. For the purpose of  this  paragraph,  "tourism
destination"  shall  mean  a  location  or  facility  which is likely to
attract a significant number  of  visitors  from  outside  the  economic
development  region  as established by section two hundred thirty of the
economic development law, in which the project is located.
  (b) Notwithstanding the provisions of paragraph (a) of  this  subdivi-
sion,  financial assistance may, however, be provided to a project where
facilities or property that are primarily used in making retail sales of
goods or services to customers who personally visit such  facilities  to
obtain  such  goods  or  services  constitute more than one-third of the
total project cost, where: (i) the predominant purpose  of  the  project

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10855-03-3

S. 5776                             2

would  be  to  make available goods or services which would not, but for
the project, be reasonably accessible to  the  residents  of  the  city,
town,  or  village  within  which  the proposed project would be located
because  of  a  lack  of  reasonably  accessible retail trade facilities
offering such goods or services; [or] (ii) the project is located  in  a
highly distressed area; OR (III) THE PROJECT IS LOCATED IN A COUNTY THAT
CONTAINS  AN  AREA  WITH  RESPECT  TO  WHICH THE GOVERNOR HAS DECLARED A
DISASTER EMERGENCY PURSUANT TO SECTION  TWENTY-EIGHT  OF  THE  EXECUTIVE
LAW, PROVIDED THE ADOPTION OF A RESOLUTION BY THE AGENCY WITH RESPECT TO
THE  PROJECT  OCCURS  WITHIN EIGHTEEN MONTHS OF SUCH DECLARATION AND THE
PROJECT INCLUDES FACILITIES OR PROPERTY THAT SUSTAINED DIRECT DAMAGE  OR
WAS NEGATIVELY ECONOMICALLY IMPACTED AS A RESULT OF THE DISASTER.
  (c)  With respect to projects authorized pursuant to SUBPARAGRAPHS (I)
AND (II) OF paragraph (b) of  this  subdivision,  no  project  shall  be
approved  unless the agency shall find after the public hearing required
by section eight hundred fifty-nine-a of this title that undertaking the
project will serve the public purposes of  this  article  by  preserving
permanent,  private  sector  jobs  or  increasing  the overall number of
permanent, private sector jobs in the state. Where the agency makes such
a finding, prior to providing financial assistance to the project by the
agency, the chief executive officer of the municipality for whose  bene-
fit  the  agency  was  created  shall confirm the proposed action of the
agency.
  S 2. This act shall take effect immediately and  shall  be  deemed  to
have  been  in  full  force  and effect on the same date and in the same
manner as section 1 of part J of chapter 59 of the  laws  of  2013  took
effect;  provided  that  this  act  shall  apply to any declaration that
occurred on or after October 1, 2012.

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