Senate Bill S6910

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

                                  6910

                            I N  S E N A T E

                              March 4, 2016
                               ___________

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

AN  ACT  to  amend  the public authorities law, in relation to method of
  collection of charges by certain public authorities

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

  Section  1.  The  public  authorities  law  is amended by adding a new
section 1197-u to read as follows:
  S 1197-U. CHARGES BY AUTHORITY; METHOD OF COLLECTION. ALL RATES,  FEES
AND  OTHER  CHARGES  FOR  THE  USE  OR AVAILABILITY OF THE FACILITIES OR
SERVICES OR COMMODITIES PROVIDED OR MADE AVAILABLE BY THE AUTHORITY  AND
BILLED DIRECTLY BY THE AUTHORITY TO THE USER OR SERVICE RECIPIENT PURSU-
ANT  TO  A  CLASSIFICATION  OF PERSON ADOPTED BY THE AUTHORITY AS HEREIN
PROVIDED SHALL BE A LIEN UPON  THE  REAL  PROPERTY  UPON  WHICH,  OR  IN
CONNECTION  WITH  WHICH, SERVICES ARE PROVIDED OR ARE MADE AVAILABLE, AS
AND FROM THE FIRST DATE FIXED FOR A PAYMENT  OF  SUCH  RATES,  FEES  AND
OTHER CHARGES. ANY SUCH LIEN SHALL TAKE PRECEDENCE OVER ALL OTHER LIENS,
OR  ENCUMBRANCES, EXCEPT TAXES OR ASSESSMENTS. THE CHIEF FINANCIAL OFFI-
CER OF THE AUTHORITY SHALL PREPARE AND TRANSMIT TO THE BOARD  OF  DIREC-
TORS OF THE COUNTY, ON OR BEFORE THE FIRST DAY OF NOVEMBER IN EACH YEAR,
A  LIST  OF  THOSE  PROPERTIES  USING  SUCH FACILITIES OR FOR WHICH SUCH
FACILITIES, SERVICES OR COMMODITIES WERE PROVIDED OR MADE AVAILABLE  AND
FROM  WHICH  THE PAYMENT OF RATES, FEES AND OTHER CHARGES ARE IN ARREARS
FOR A PERIOD OF NINETY DAYS OR MORE AFTER THE LAST DAY FIXED FOR PAYMENT
OF SUCH RATES, FEES AND OTHER CHARGES WITHOUT PENALTY.  THE  LIST  SHALL
CONTAIN A BRIEF DESCRIPTION OF SUCH PROPERTIES, THE NAMES OF THE PERSONS
OR CORPORATIONS LIABLE TO PAY FOR THE SAME, AND THE AMOUNT CHARGEABLE TO
EACH,  INCLUDING  PENALTIES  AND  INTEREST,  AS  APPLICABLE, COMPUTED TO
DECEMBER THIRTY-FIRST OF THAT YEAR. THE BOARD OF  DIRECTORS  SHALL  LEVY
SUCH SUMS AGAINST THE PROPERTIES LIABLE AND SHALL STATE THE AMOUNT THER-
EOF IN A SEPARATE COLUMN IN THE ANNUAL TAX ROLLS OF THE COUNTY UNDER THE
HEADING  "WATER  CHARGE". SUCH AMOUNTS, EXCLUDING PENALTIES AND INTEREST
IMPOSED BY THE COUNTY WHEN COLLECTED BY THE COUNTY COLLECTOR OR  RECEIV-

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

                                                           LBD13822-02-6

S. 6910                             2

ERS  OF  TAXES, SHALL BE PAID OVER TO THE CHIEF FINANCIAL OFFICER OF THE
AUTHORITY. COUNTY IMPOSED PENALTIES AND INTEREST SHALL  BE  RETAINED  BY
THE  COUNTY  COLLECTOR OR RECEIVER OF TAXES WHICH SHALL BECOME A PART OF
THE GENERAL FUNDS OF THE COUNTY. ALL OF THE PROVISIONS OF THE TAX LAW OF
THE  STATE  GOVERNING  ENFORCEMENT  AND  COLLECTION  OF  UNPAID TAXES OR
ASSESSMENTS FOR SPECIAL IMPROVEMENTS  NOT  INCONSISTENT  HEREWITH  SHALL
APPLY  TO  THE  COLLECTION OF SUCH UNPAID RATES, RENTALS, FEES AND OTHER
CHARGES.
  S 2. The public authorities law is amended by a adding a  new  section
1198-u to read as follows:
  S  1198-U. CHARGES BY AUTHORITY; METHOD OF COLLECTION. ALL RATES, FEES
AND OTHER CHARGES FOR THE USE  OR  AVAILABILITY  OF  THE  FACILITIES  OR
SERVICES  OR COMMODITIES PROVIDED OR MADE AVAILABLE BY THE AUTHORITY AND
BILLED DIRECTLY BY THE AUTHORITY TO THE USER OR SERVICE RECIPIENT PURSU-
ANT TO A CLASSIFICATION OF PERSON ADOPTED BY  THE  AUTHORITY  AS  HEREIN
PROVIDED  SHALL  BE  A  LIEN  UPON  THE  REAL PROPERTY UPON WHICH, OR IN
CONNECTION WITH WHICH, SERVICES ARE PROVIDED OR ARE MADE  AVAILABLE,  AS
AND  FROM  THE  FIRST  DATE  FIXED FOR A PAYMENT OF SUCH RATES, FEES AND
OTHER CHARGES. ANY SUCH LIEN SHALL TAKE PRECEDENCE OVER ALL OTHER LIENS,
OR ENCUMBRANCES, EXCEPT TAXES OR ASSESSMENTS. THE CHIEF FINANCIAL  OFFI-
CER  OF  THE AUTHORITY SHALL PREPARE AND TRANSMIT TO THE BOARD OF DIREC-
TORS OF THE COUNTY, ON OR BEFORE THE FIRST DAY OF NOVEMBER IN EACH YEAR,
A LIST OF THOSE PROPERTIES USING  SUCH  FACILITIES  OR  FOR  WHICH  SUCH
FACILITIES,  SERVICES OR COMMODITIES WERE PROVIDED OR MADE AVAILABLE AND
FROM WHICH THE PAYMENT OF RATES, FEES AND OTHER CHARGES ARE  IN  ARREARS
FOR A PERIOD OF NINETY DAYS OR MORE AFTER THE LAST DAY FIXED FOR PAYMENT
OF  SUCH  RATES,  FEES AND OTHER CHARGES WITHOUT PENALTY. THE LIST SHALL
CONTAIN A BRIEF DESCRIPTION OF SUCH PROPERTIES, THE NAMES OF THE PERSONS
OR CORPORATIONS LIABLE TO PAY FOR THE SAME, AND THE AMOUNT CHARGEABLE TO
EACH, INCLUDING PENALTIES  AND  INTEREST,  AS  APPLICABLE,  COMPUTED  TO
DECEMBER  THIRTY-FIRST  OF  THAT YEAR. THE BOARD OF DIRECTORS SHALL LEVY
SUCH SUMS AGAINST THE PROPERTIES LIABLE AND SHALL STATE THE AMOUNT THER-
EOF IN A SEPARATE COLUMN IN THE ANNUAL TAX ROLLS OF THE COUNTY UNDER THE
HEADING "WATER CHARGE". SUCH AMOUNTS, EXCLUDING PENALTIES  AND  INTEREST
IMPOSED  BY THE COUNTY WHEN COLLECTED BY THE COUNTY COLLECTOR OR RECEIV-
ERS OF TAXES, SHALL BE PAID OVER TO THE CHIEF FINANCIAL OFFICER  OF  THE
AUTHORITY.  COUNTY  IMPOSED  PENALTIES AND INTEREST SHALL BE RETAINED BY
THE COUNTY COLLECTOR OR RECEIVER OF TAXES WHICH SHALL BECOME A  PART  OF
THE GENERAL FUNDS OF THE COUNTY. ALL OF THE PROVISIONS OF THE TAX LAW OF
THE  STATE  GOVERNING  ENFORCEMENT  AND  COLLECTION  OF  UNPAID TAXES OR
ASSESSMENTS FOR SPECIAL IMPROVEMENTS  NOT  INCONSISTENT  HEREWITH  SHALL
APPLY  TO  THE  COLLECTION OF SUCH UNPAID RATES, RENTALS, FEES AND OTHER
CHARGES.
  S 3. This act shall take effect on the one hundred eightieth day after
it shall have become a law.