NY State Senate Bill 2015-S7981A

Senate Bill S7981A

Signed By Governor

2015-2016 Legislative Session

Relates to the village of Plandome Manor entering into contracts to sell delinquent tax liens

download bill text pdf

Archive: Last Bill Status - Signed by Governor

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Aug 19, 2016	signed chap.280
Aug 08, 2016	delivered to governor
Jun 17, 2016	returned to senate passed assembly home rule request ordered to third reading rules cal.508 substituted for a10604 referred to ways and means
Jun 16, 2016	delivered to assembly passed senate ordered to third reading cal.1947 committee discharged and committed to rules
Jun 07, 2016	print number 7981a
Jun 07, 2016	amend (t) and recommit to local government
Jun 02, 2016	referred to local government

Votes

- Jun 16, 2016 - Floor Vote
  S7981A
  
  62
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 16, 2016
      
      aye (62)
      
      Addabbo Jr.
      
      Akshar
      
      Amedore
      
      Avella
      
      Bonacic
      
      Boyle
      
      Breslin
      
      Carlucci
      
      Comrie
      
      Croci
      
      DeFrancisco
      
      Dilan
      
      Espaillat
      
      Farley
      
      Felder
      
      Flanagan
      
      Funke
      
      Gallivan
      
      Gianaris
      
      Golden
      
      Griffo
      
      Hamilton
      
      Hannon
      
      Hassell-Thompson
      
      Hoylman-Sigal
      
      Kaminsky
      
      Kennedy
      
      Klein
      
      Krueger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Latimer
      
      Little
      
      Marcellino
      
      Marchione
      
      Martins
      
      Montgomery
      
      Murphy
      
      Nozzolio
      
      O'Mara
      
      Ortt
      
      Panepinto
      
      Parker
      
      Peralta
      
      Perkins
      
      Persaud
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Sanders Jr.
      
      Savino
      
      Serino
      
      Serrano
      
      Seward
      
      Squadron
      
      Stavisky
      
      Stewart-Cousins
      
      Valesky
      
      Venditto
      
      Young
      
      excused (1)
      
      Diaz
  Jun 16, 2016 - Rules Committee Vote
  S7981A
  
  24
  
  Aye
  
  0
  
  Nay
  
  1
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: Jun 16, 2016
      
      aye (24)
      
      Bonacic
      
      Breslin
      
      Carlucci
      
      DeFrancisco
      
      Dilan
      
      Espaillat
      
      Farley
      
      Flanagan
      
      Gianaris
      
      Hannon
      
      Hassell-Thompson
      
      Krueger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Little
      
      Marcellino
      
      Nozzolio
      
      Parker
      
      Perkins
      
      Robach
      
      Seward
      
      Stewart-Cousins
      
      Valesky
      
      aye wr (1)
      
      Montgomery

Bill Amendments

Original

A (Active)

2015-S7981 - Details

See Assembly Version of this Bill:: A10604
Law Section:: Real Property

2015-S7981 - Summary

Relates to the village of Plandome Manor entering into contracts to sell delinquent tax liens.

2015-S7981 - Sponsor Memo

                                 BILL NUMBER:  S7981

 TITLE OF BILL :

An act authorizing the village of Plandome Manor to enter into a
contract to sell some or all of the delinquent tax liens held by such
municipality to a private party; and providing for the repeal of such
provisions upon expiration thereof

 PURPOSE OF THE BILL :

To allow the village of Plandome Manor to use various options, at
their discretion, in the collection and disposition of delinquent
taxes above and beyond the options presently available to them.

 SUMMARY OF PROVISIONS :

Section 1 grants the village the Plandome Manor the authority to enter
into a contract to sell some or all of its delinquent tax liens to
private parties. Also, the village of Plandome Manor shall set the
terms and conditions of the contract of sale. Finally, the sunset date
of the underlying statute would be set to December 31, 2019.

Section 2 Establishes the effective date.

 JUSTIFICATION :

The village of Plandome Manor is owed tens of thousands of dollars in
unpaid property taxes and that this municipality should be given the
opportunity to utilize as many procedural methods as possible to
collect the monies owed from the unpaid taxes. Such uncollected taxes
adversely impact the municipality's ability to meet their operating
expenditures and provide for the delivery of necessary and essential
local government services, amplifying the risk of future real property
tax increases and negatively impacting those taxpayers who timely
remit payment. There exists limited means for municipalities to
expedite the collection of such delinquent taxes and that it is in the
public interest to increase the number of methods available to
municipalities to expedite such collections.  Many delinquencies often
remain unpaid thereby creating a lien against the affected real
property. The assignment or sale of such tax liens, either
individually or in bulk, will enable municipalities to expedite the
receipt of anticipated revenues and provide a new funding source for
municipalities that have significant budgetary problems.

 LEGISLATIVE HISTORY :

New bill

 FISCAL IMPLICATIONS :

To be determined.

 EFFECTIVE DATE :
This act shall take effect immediately.

2015-S7981 - Bill Text download pdf

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

                                  7981

                            I N  S E N A T E

                              June 2, 2016
                               ___________

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

AN ACT authorizing the  village  of  Plandome  Manor  to  enter  into  a
  contract  to sell some or all of the delinquent tax liens held by such
  municipality to a private party; and providing for the repeal of  such
  provisions upon expiration thereof

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

  Section 1. Notwithstanding any provision of any  general,  special  or
local  law to the contrary, the village of Plandome Manor may enter into
a contract to sell some or all of the delinquent tax liens held by it to
a private party, subject to the following conditions:
  (a) The consideration to be paid for a  sale  of  the  delinquent  tax
liens  held  by  it  may be more or less than the face amount of the tax
liens sold.
  (b) Property owners shall be given at least 30 days advance notice  of
such sale in the same form and manner as is provided by subdivision 2 of
section  1190  of  the  real  property  tax law. Failure to provide such
notice or the failure of the addressee to receive the same shall not  in
any  way  affect  the validity of any sale of a tax lien or tax liens or
the validity of the taxes or interest prescribed  by  law  with  respect
thereto.
  (c)  The  sale of a tax lien pursuant to this act shall not operate to
shorten the otherwise applicable redemption period or change the  other-
wise applicable interest rate.
  (d)  Upon  the  expiration of the redemption period prescribed by law,
the purchaser of a delinquent tax lien, or its  successors  or  assigns,
may  foreclose  the  lien  as  in  an  action to foreclose a mortgage as
provided in section 1194 of the real property tax law. The procedure  in
such  action shall be the procedure prescribed by article 13 of the real
property actions and proceedings law for the foreclosure  of  mortgages.
At any time following the commencement of an action to foreclose a lien,
the amount required to redeem the lien, or the amount received upon sale

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD15730-01-6

S. 7981                             2

of  a property, shall include reasonable and necessary collection costs,
attorneys' fees, legal costs, allowances, and disbursements.
  (e)  The  provisions of title 5 of article 11 of the real property tax
law shall apply so far as is practicable to a contract for the  sale  of
tax liens pursuant to this act.
  S  2. This act shall take effect immediately and shall expire December
31, 2019 when upon such date the provisions of this act shall be  deemed
repealed.

2015-S7981A (ACTIVE) - Details

See Assembly Version of this Bill:: A10604
Law Section:: Real Property

2015-S7981A (ACTIVE) - Summary

Relates to the village of Plandome Manor entering into contracts to sell delinquent tax liens.

2015-S7981A (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S7981A

 TITLE OF BILL :

An act to authorize the village of Plandome Manor to enter into a
contract to sell or pledge as collateral for a loan some or all of the
delinquent liens held by such village to a private party or engage a
private party to collect some or all of the delinquent tax liens held
by it; and providing for the repeal of such provisions upon expiration
thereof

 PURPOSE OF THE BILL :

To allow the village of Plandome Manor to use various options, at
their discretion, in the collection and disposition of delinquent
taxes above and beyond the options presently available to them.

 SUMMARY OF PROVISIONS :

Section 1 and section 2 authorize the village the Plandome Manor to
enter into a contract to sell some or all of its delinquent tax liens
to private parties, and allows the village to set the terms and
conditions of sale.

Section 3 establishes the effective date and sunset date.

 JUSTIFICATION :

The village of Plandome Manor is owed tens of thousands of dollars in
unpaid property taxes and that this municipality should be given the
opportunity to utilize as many procedural methods as possible to
collect the monies owed from the unpaid taxes. Such uncollected taxes
adversely impact the municipality's ability to meet their operating
expenditures and provide for the delivery of necessary and essential
local government services, amplifying the risk of future real property
tax increases and negatively impacting those taxpayers who timely
remit payment. There exists limited means for municipalities to
expedite the collection of such delinquent taxes and that it is in the
public interest to increase the number of methods available to
municipalities to expedite such collections. Many delinquencies often
remain unpaid thereby creating a lien against the affected real
property. The assignment or sale of such tax liens, either
individually or in bulk, will enable municipalities to expedite the
receipt of anticipated revenues and provide a new funding source for
municipalities that have significant budgetary problems.

 LEGISLATIVE HISTORY :

New bill

 FISCAL IMPLICATIONS :

To be determined.

 EFFECTIVE DATE :
This act shall take effect immediately.

2015-S7981A (ACTIVE) - Bill Text download pdf

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

                                 7981--A

                            I N  S E N A T E

                              June 2, 2016
                               ___________

Introduced  by  Sen. MARTINS -- read twice and ordered printed, and when
  printed to be committed  to  the  Committee  on  Local  Government  --
  committee  discharged,  bill amended, ordered reprinted as amended and
  recommitted to said committee

AN ACT to authorize the village  of  Plandome  Manor  to  enter  into  a
  contract to sell or pledge as collateral for a loan some or all of the
  delinquent  liens  held by such village to a private party or engage a
  private party to collect some or all of the delinquent tax liens  held
  by it; and providing for the repeal of such provisions upon expiration
  thereof

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

  Section 1. Notwithstanding any provision of any  general,  special  or
local  law to the contrary, the village of Plandome Manor may enter into
a contract to sell some or all of the delinquent tax liens held by it to
a private party, subject to the following conditions:
  (a) The consideration to be paid for a  sale  of  the  delinquent  tax
liens  held  by  it  may be more or less than the face amount of the tax
liens sold.
  (b) Property owners shall be given at least 30 days advance notice  of
sale in the same form and manner as provided by subdivision 2 of section
1190 of the real property tax law. Failure to provide such notice or the
failure of the addressee to receive the same shall not in any way affect
the  validity  of any sale of a tax lien or tax liens or the validity of
the taxes or interest prescribed by law with respect thereto.
  (c) The village of Plandome Manor shall set the terms  and  conditions
of the contract of sale or loan.
  (d)  The  tax lien purchaser must 30 days prior to the commencement of
any foreclosure action provide to the village of Plandome Manor  a  list
of  liens  to  be  foreclosed. The village of Plandome Manor may, at its
sole option and discretion, repurchase a lien or liens on  the  foreclo-
sure list from the tax lien purchaser. The repurchase price shall be the
amount  of  the  lien  or liens plus any accrued interest and collection
fees incurred by the tax lien purchaser through the date of  repurchase.

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

                                                           LBD15730-02-6

S. 7981--A                          2

The tax lien purchaser shall provide the foreclosure list to the village
of  Plandome  Manor,  along with the applicable repurchase price of each
lien, by certified mail, and the village of Plandome Manor shall have 30
days  from  receipt  to  notify  the tax lien purchaser of its option to
purchase one or more of the liens. If the village of Plandome Manor opts
to purchase the lien, it shall provide payment within 30 days of receipt
of the repurchase price of said lien or liens. If the village  of  Plan-
dome  Manor  shall  fail  to  repurchase  the lien or liens the tax lien
purchaser shall have the right to commence a  foreclosure  action  imme-
diately upon notice from the village of Plandome Manor of its refusal or
at the expiration of the 30 day review period whichever occurs first.
  (e)  The  sale of a tax lien pursuant to this act shall not operate to
shorten the otherwise applicable redemption period or change the  other-
wise applicable interest rate.
  (f)  Upon  the  expiration of the redemption period prescribed by law,
the purchaser of a delinquent tax lien, or its  successors  or  assigns,
may  foreclose  the  lien  as  in  an  action to foreclose a mortgage as
provided in section 1194 of the real property tax law. The procedure  in
such  action shall be the procedure prescribed by article 13 of the real
property actions and proceedings law for the foreclosure  of  mortgages.
At any time following the commencement of an action to foreclose a lien,
the amount required to redeem the lien, or the amount received upon sale
of  a property, shall include reasonable and necessary collection costs,
attorneys' fees, legal costs, allowances, and disbursements.
  (g) The provisions of title 5 of article 11 of the real  property  tax
law  shall  apply so far as is practicable to a contract for the sale of
tax liens pursuant to this act.
  S 2. Notwithstanding any provision of any general,  special  or  local
law  to  the  contrary,  the  village of Plandome Manor may enter into a
contract to pledge as collateral for a loan some or all  of  the  delin-
quent  tax  liens held by it to a third party or engage a third party to
collect some or all of the delinquent tax liens held by  it  subject  to
the following conditions:
  (a)  Any  loan provided under this section shall bear an interest rate
to be determined by the village of Plandome Manor.
  (b) Any contract for the collection of delinquent tax  liens  the  fee
paid  by  the  village  of  Plandome  Manor  shall not exceed 10% of the
outstanding balance of the tax lien being collected and said  fee  shall
be borne by the delinquent taxpayer.
  S  3. This act shall take effect immediately and shall expire December
31, 2019 when upon such date the provisions of this act shall be  deemed
repealed.

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