senate Bill S5800A

Signed By Governor
2013-2014 Legislative Session

Relates to financial assistance provided by the Auburn industrial development authority

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Archive: Last Bill Status - 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 31, 2013 signed chap.304
Jul 19, 2013 delivered to governor
Jun 21, 2013 returned to senate
passed assembly
ordered to third reading rules cal.711
substituted for a8037
Jun 20, 2013 referred to ways and means
delivered to assembly
passed senate
ordered to third reading cal.1545
committee discharged and committed to rules
Jun 15, 2013 print number 5800a
amend and recommit to corporations, authorities and commissions
Jun 14, 2013 referred to corporations, authorities and commissions

Votes

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Bill Amendments

Original
A (Active)
Original
A (Active)

S5800 - Bill Details

See Assembly Version of this Bill:
A8037
Law Section:
Public Authorities Law
Laws Affected:
Amd §§2306 & 2334, Pub Auth L

S5800 - Bill Texts

view summary

Relates to financial assistance provided by the Auburn industrial development authority.

view sponsor memo
BILL NUMBER:S5800

TITLE OF BILL:
An act
to amend the public authorities law, in relation to financial assistance
provided by the Auburn industrial development authority

PURPOSE:

This bill relates to the financial assistance provided by the Auburn
industrial development authority.

SUMMARY OF PROVISIONS:

Section 1 - Amends the opening paragraph of section 2306 of the public
authorities law, as amended by chapter 556 of the laws of 1973.

Section 2 - Amends section 2334 of the public authorities law, as
added by chapter 915 of the laws of 1969.

Section 3 - Effective Date

JUSTIFICATION:

This bill is a chapter amendment to the enacting 2013-14 budget. The
city of Auburn was inadvertently excluded from changes to the IDA law
which this bill will rectify.

LEGISLATIVE HISTORY:

New bill

FISCAL IMPLICATIONS:

None

EFFECTIVE DATE:

This act shall take effect on the thirtieth day after it shall have
become a law.

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

                                  5800

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              June 14, 2013
                               ___________

Introduced  by  Sen.  DeFRANCISCO -- read twice and ordered printed, and
  when printed to be committed to the Committee on Corporations, Author-
  ities and Commissions

AN ACT to amend the public authorities law,  in  relation  to  financial
  assistance provided by the Auburn industrial development authority

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

  Section 1. The opening paragraph of section 2306 of the public author-
ities law, as amended by chapter 556 of the laws of 1973, is amended  to
read as follows:
  The  purposes of the authority shall be to promote, develop, encourage
and assist in the acquiring,  constructing,  reconstructing,  improving,
maintaining,  equipping  and furnishing industrial, manufacturing, ware-
house, commercial and research facilities and facilities for  use  by  a
federal  agency  or  a  medical  facility including industrial pollution
control facilities, which may include transportation facilities  includ-
ing  but  not limited to those relating to water, highway, rail and air,
in one or more areas of the city, and thereby advance the  job  opportu-
nities, health, general prosperity and economic welfare of the people of
said  city  and  to  improve  their medical care and standard of living;
provided, however, that the authority shall not undertake any project if
the completion thereof would result in the removal of an  industrial  or
manufacturing  plant  of the project occupant from one area of the state
to another area of the state or in abandonment of one or more plants  or
facilities  of the project applicant located within the state, provided,
however, that neither restriction shall apply  if  the  authority  shall
determine  on the basis of the application before it that the project is
reasonably necessary to discourage the project  occupant  from  removing
such  other  plant  or  facility  to  a location outside the state or is
reasonably necessary to preserve the competitive position of the project
occupant in its respective industry. EXCEPT AS OTHERWISE PROVIDED FOR IN

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11515-02-3

S. 5800                             2

THIS SECTION, NO FINANCIAL ASSISTANCE OF THE AUTHORITY SHALL BE PROVIDED
IN RESPECT OF ANY PROJECT WHERE FACILITIES OR PROPERTY THAT ARE PRIMARI-
LY USED IN MAKING RETAIL SALES TO CUSTOMERS WHO  PERSONALLY  VISIT  SUCH
FACILITIES CONSTITUTE 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
SUBPARAGRAPH (I) OF PARAGRAPH FOUR OF SUBDIVISION (B) OF SECTION  ELEVEN
HUNDRED  ONE  OF THE TAX LAW; OR (II) SALES OF A SERVICE TO SUCH CUSTOM-
ERS. EXCEPT, HOWEVER, THAT TOURISM DESTINATION  PROJECTS  SHALL  NOT  BE
PROHIBITED  BY THIS PARAGRAPH. FOR THE PURPOSE OF THIS PARAGRAPH, "TOUR-
ISM 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.
  NOTWITHSTANDING  THE  PROVISIONS OF THIS SECTION TO THE CONTRARY, SUCH
FINANCIAL ASSISTANCE MAY, HOWEVER, BE PROVIDED TO A PROJECT WHERE FACIL-
ITIES 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
WOULD BE TO MAKE AVAILABLE GOODS OR SERVICES WHICH WOULD  NOT,  BUT  FOR
THE  PROJECT,  BE  REASONABLY ACCESSIBLE TO THE RESIDENTS OF THE CITY OF
AUBURN BECAUSE OF A LACK OF REASONABLY ACCESSIBLE RETAIL  TRADE  FACILI-
TIES  OFFERING SUCH GOODS OR SERVICES; OR (II) THE PROJECT IS LOCATED IN
A HIGHLY DISTRESSED AREA; OR (III) THE PROJECT IS LOCATED IN THE CITY OF
AUBURN AND CAYUGA COUNTY HAS BEEN DECLARED A DISASTER EMERGENCY  BY  THE
GOVERNOR 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.    WITH
RESPECT  TO  PROJECTS AUTHORIZED PURSUANT TO SUBPARAGRAPH (I) OR (II) OF
THIS PARAGRAPH NO PROJECT SHALL BE APPROVED UNLESS THE  AUTHORITY  SHALL
FIND  AFTER  THE PUBLIC HEARING REQUIRED BY SECTION TWENTY-THREE HUNDRED
SEVEN 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 AUTHORITY MAKES SUCH A  FINDING,  PRIOR  TO  PROVIDING
FINANCIAL  ASSISTANCE  TO THE PROJECT BY THE AUTHORITY, THE CHIEF EXECU-
TIVE OFFICER OF THE CITY OF AUBURN SHALL CONFIRM THE PROPOSED ACTION  OF
THE  AUTHORITY.  To  carry  out  said  purpose, the authority shall have
power:
  S 2. Section 2334 of the public authorities law, as added  by  chapter
915 of the laws of 1969, is amended to read as follows:
  S 2334. Termination of the authority. Whenever all of the bonds issued
by  the  authority  shall  have  been  redeemed  or  cancelled,  AND ALL
STRAIGHT-LEASE TRANSACTIONS HAVE BEEN TERMINATED,  the  authority  shall
cease  to exist and all rights, titles, and interest and all obligations
and liabilities thereof vested in or possessed by  the  authority  shall
thereupon vest in and be possessed by the city of Auburn.
  S  3.  This  act shall take effect on the thirtieth day after it shall
have become a law.

S5800A (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A8037
Law Section:
Public Authorities Law
Laws Affected:
Amd §§2306 & 2334, Pub Auth L

S5800A (ACTIVE) - Bill Texts

view summary

Relates to financial assistance provided by the Auburn industrial development authority.

view sponsor memo
BILL NUMBER:S5800A REVISED 6/17/13

TITLE OF BILL: An act to amend the public authorities law, in
relation to financial assistance provided by the Auburn industrial
development authority

PURPOSE: This bill relates to the financial assistance provided by
the Auburn industrial development authority.

SUMMARY OF PROVISIONS:

Section 1 - Amends the opening paragraph of section 2306 of the public
authorities law, as amended by chapter 556 of the laws of 1973.

Section 2 - Amends section 2334 of the public authorities law, as
added by chapter 915 of the laws of 1969.

Section 3 - Effective Date

JUSTIFICATION: This bill is a chapter amendment to Budget Bill
S.2609-D Part J of the 2013-14 budget. The city of Auburn was
inadvertently excluded from changes in the law pertaining to IDA tax
credits which this bill will rectify.

LEGISLATIVE HISTORY: New bill

FISCAL IMPLICATIONS: None

EFFECTIVE DATE: This act shall take effect on the thirtieth day after
it shall have become a law.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 5800--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              June 14, 2013
                               ___________

Introduced  by  Sen.  DeFRANCISCO -- read twice and ordered printed, and
  when printed to be committed to the Committee on Corporations, Author-
  ities and Commissions -- committee discharged, bill  amended,  ordered
  reprinted as amended and recommitted to said committee

AN  ACT  to  amend  the public authorities law, in relation to financial
  assistance provided by the Auburn industrial development authority

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

  Section 1. The opening paragraph of section 2306 of the public author-
ities  law, as amended by chapter 556 of the laws of 1973, is amended to
read as follows:
  The purposes of the authority shall be to promote, develop,  encourage
and  assist  in  the acquiring, constructing, reconstructing, improving,
maintaining, equipping and furnishing industrial,  manufacturing,  ware-
house,  commercial  and  research facilities and facilities for use by a
federal agency or a  medical  facility  including  industrial  pollution
control  facilities, which may include transportation facilities includ-
ing but not limited to those relating to water, highway, rail  and  air,
in  one  or more areas of the city, and thereby advance the job opportu-
nities, health, general prosperity and economic welfare of the people of
said city and to improve their medical  care  and  standard  of  living;
provided, however, that the authority shall not undertake any project if
the  completion  thereof would result in the removal of an industrial or
manufacturing plant of the project occupant from one area of  the  state
to  another area of the state or in abandonment of one or more plants or
facilities of the project applicant located within the state,  provided,
however,  that  neither  restriction  shall apply if the authority shall
determine on the basis of the application before it that the project  is
reasonably  necessary  to  discourage the project occupant from removing
such other plant or facility to a  location  outside  the  state  or  is
reasonably necessary to preserve the competitive position of the project

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11515-03-3

S. 5800--A                          2

occupant in its respective industry. EXCEPT AS OTHERWISE PROVIDED FOR IN
THIS SECTION, NO FINANCIAL ASSISTANCE OF THE AUTHORITY SHALL BE PROVIDED
IN RESPECT OF ANY PROJECT WHERE FACILITIES OR PROPERTY THAT ARE PRIMARI-
LY  USED  IN  MAKING RETAIL SALES TO CUSTOMERS WHO PERSONALLY VISIT SUCH
FACILITIES CONSTITUTE 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
SUBPARAGRAPH  (I) OF PARAGRAPH FOUR OF SUBDIVISION (B) OF SECTION ELEVEN
HUNDRED ONE OF THE TAX LAW; OR (II) SALES OF A SERVICE TO  SUCH  CUSTOM-
ERS.  EXCEPT,  HOWEVER,  THAT  TOURISM DESTINATION PROJECTS SHALL NOT BE
PROHIBITED BY THIS PARAGRAPH. FOR THE PURPOSE OF THIS PARAGRAPH,  "TOUR-
ISM  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.
  NOTWITHSTANDING THE PROVISIONS OF THIS SECTION TO THE  CONTRARY,  SUCH
FINANCIAL ASSISTANCE MAY, HOWEVER, BE PROVIDED TO A PROJECT WHERE FACIL-
ITIES  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
WOULD  BE  TO  MAKE AVAILABLE GOODS OR SERVICES WHICH WOULD NOT, BUT FOR
THE PROJECT, BE REASONABLY ACCESSIBLE TO THE RESIDENTS OF  THE  CITY  OF
AUBURN  BECAUSE  OF A LACK OF REASONABLY ACCESSIBLE RETAIL TRADE FACILI-
TIES OFFERING SUCH GOODS OR SERVICES; OR (II) THE PROJECT IS LOCATED  IN
A  HIGHLY DISTRESSED AREA.  WITH RESPECT TO PROJECTS AUTHORIZED PURSUANT
TO THIS PARAGRAPH NO PROJECT SHALL  BE  APPROVED  UNLESS  THE  AUTHORITY
SHALL  FIND  AFTER  THE  PUBLIC HEARING REQUIRED BY SECTION TWENTY-THREE
HUNDRED SEVEN 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  AUTHORITY  MAKES SUCH A FINDING, PRIOR TO
PROVIDING FINANCIAL ASSISTANCE TO THE  PROJECT  BY  THE  AUTHORITY,  THE
CHIEF EXECUTIVE OFFICER OF THE CITY OF AUBURN SHALL CONFIRM THE PROPOSED
ACTION  OF THE AUTHORITY. To carry out said purpose, the authority shall
have power:
  S 2. Section 2334 of the public authorities law, as added  by  chapter
915 of the laws of 1969, is amended to read as follows:
  S 2334. Termination of the authority. Whenever all of the bonds issued
by  the  authority  shall  have  been  redeemed  or  cancelled,  AND ALL
STRAIGHT-LEASE TRANSACTIONS HAVE BEEN TERMINATED,  the  authority  shall
cease  to exist and all rights, titles, and interest and all obligations
and liabilities thereof vested in or possessed by  the  authority  shall
thereupon vest in and be possessed by the city of Auburn.
  S  3.  This  act shall take effect on the thirtieth day after it shall
have become a law.

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