Senate Bill S1708

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1708
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 10, 2017
                                ___________
 
 Introduced by Sen. MARCHIONE -- 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 excluding
   capital projects in a municipality from the tax cap  if  the  projects
   were approved by the voters of the municipality

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subparagraph (iv) of paragraph  (g)  of  subdivision  2  of
 section  3-c of the general municipal law, as added by section 1 of part
 A of chapter 97 of the laws of 2011, is amended and a  new  subparagraph
 (v) is added to read as follows:
   (iv)  in  years  in which the normal contribution rate of the New York
 state teachers' retirement system, as defined by paragraph a of subdivi-
 sion two of  section  five  hundred  seventeen  of  the  education  law,
 increases  by  more than two percentage points from the previous year, a
 tax levy necessary for expenditures for the coming fiscal year for local
 government employer  contributions  to  the  New  York  state  teachers'
 retirement system caused by growth in the normal contribution rate minus
 two percentage points[.]; AND
   (V)  A TAX LEVY NECESSARY FOR EXPENDITURES TO FUND CAPITAL PROJECTS IN
 A COUNTY, CITY, TOWN OR VILLAGE, INCLUDING THE  CONSTRUCTION  OF  ROADS,
 SEWERS, WATERLINE AND BRIDGES, PROVIDED THE CAPITAL PROJECT WAS APPROVED
 BY  AN AFFIRMATIVE VOTE OF SIXTY PERCENT OF THE ELECTORS OF SUCH COUNTY,
 CITY, TOWN OR VILLAGE.   THE DEPARTMENT OF TAXATION  AND  FINANCE  SHALL
 ESTABLISH GUIDELINES AS TO WHAT, IF ANY, ADDITIONAL CAPITAL PROJECTS MAY
 BE SUBJECT TO THE PROVISIONS OF THIS SUBPARAGRAPH.
   §  2.  Section 3-c of the general municipal law is amended by adding a
 new subdivision 8 to read as follows:
   8. A COUNTY, CITY, TOWN, OR VILLAGE MAY ADOPT A TAX LEVY IN SUPPORT OF
 EXPENDITURES FOR CAPITAL PROJECTS AS PROVIDED  BY  SUBPARAGRAPH  (V)  OF
 PARAGRAPH  (G)  OF SUBDIVISION TWO OF THIS SECTION ONLY IF THE GOVERNING
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD06964-01-7

 S. 1708                             2
 
 BODY OF SUCH COUNTY, CITY, TOWN, OR VILLAGE FIRST ENACTS, BY A  MAJORITY
 VOTE  OF  THE  TOTAL  VOTING  POWER OF SUCH BODY, A LOCAL LAW SUBJECT TO
 MANDATORY REFERENDUM. NOTWITHSTANDING ANY  PROVISION  TO  THE  CONTRARY,
 SUCH  LOCAL  LAW  SHALL  BECOME  OPERATIVE AS PRESCRIBED THEREIN ONLY IF
 APPROVED AT A GENERAL OR SPECIAL ELECTION PURSUANT  TO  SECTION  TWENTY-
 THREE  OF  THE  MUNICIPAL HOME RULE LAW BY THE AFFIRMATIVE VOTE OF SIXTY
 PERCENT OF THE QUALIFIED ELECTORS OF SUCH COUNTY, CITY, TOWN OR  VILLAGE
 VOTING UPON THE PROPOSITION.
   § 3. This act shall take effect immediately; provided, however, that:
   a.  the amendments to section 3-c of the general municipal law made by
 sections one and two of this act shall not affect  the  repeal  of  such
 section and shall be deemed repealed therewith; and
   b.   the department of taxation and finance shall establish guidelines
 concerning additional capital projects as provided in  subparagraph  (v)
 of  paragraph (g) of subdivision 2 of section 3-c of the general munici-
 pal law as added by section one of this act within  sixty  days  of  the
 effective date of this act.