NY State Senate Bill 2017-S3691B

Senate Bill S3691B

Signed By Governor

2017-2018 Legislative Session

Relates to the placing of a lien for unpaid property taxes against the proceeds of a fire insurance policy on certain property located within a municipality

download bill text pdf

Archive: Last Bill Status Via A2784 - 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

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Oct 23, 2017	signed chap.342
Oct 11, 2017	delivered to governor
Jun 21, 2017	returned to assembly passed senate 3rd reading cal.332 substituted for s3691b
Jun 21, 2017	substituted by a2784b
Mar 13, 2017	advanced to third reading
Mar 08, 2017	2nd report cal.
Mar 07, 2017	1st report cal.332
Feb 27, 2017	print number 3691b
Feb 27, 2017	amend (t) and recommit to local government
Jan 31, 2017	print number 3691a
Jan 31, 2017	amend and recommit to local government
Jan 25, 2017	referred to local government

Votes

- Jun 21, 2017 - Floor Vote
  A2784
  
  62
  
  Aye
  
  0
  
  Nay
  
  1
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 21, 2017
      
      aye (62)
      
      Addabbo Jr.
      
      Akshar
      
      Alcantara
      
      Amedore
      
      Avella
      
      Bailey
      
      Benjamin
      
      Bonacic
      
      Boyle
      
      Breslin
      
      Brooks
      
      Carlucci
      
      Comrie
      
      Croci
      
      DeFrancisco
      
      Diaz
      
      Dilan
      
      Felder
      
      Flanagan
      
      Funke
      
      Gallivan
      
      Gianaris
      
      Golden
      
      Griffo
      
      Hamilton
      
      Hannon
      
      Helming
      
      Hoylman-Sigal
      
      Jacobs
      
      Kaminsky
      
      Kennedy
      
      Klein
      
      Krueger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Latimer
      
      Little
      
      Marcellino
      
      Marchione
      
      Montgomery
      
      Murphy
      
      O'Mara
      
      Ortt
      
      Parker
      
      Peralta
      
      Persaud
      
      Phillips
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Savino
      
      Serino
      
      Serrano
      
      Seward
      
      Squadron
      
      Stavisky
      
      Stewart-Cousins
      
      Tedisco
      
      Valesky
      
      Young
      
      absent (1)
      
      Sanders Jr.
  Mar 7, 2017 - Local Government Committee Vote
  S3691B
  
  9
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Local Government Committee Vote: Mar 7, 2017
      
      aye (9)
      
      Boyle
      
      Brooks
      
      Carlucci
      
      Kaminsky
      
      Latimer
      
      Marchione
      
      Murphy
      
      Ortt
      
      Ritchie

Bill Amendments

Original

B (Active)

2017-S3691 - Details

See Assembly Version of this Bill:: A2784
Law Section:: General Municipal Law
Laws Affected:: Amd §22, Gen Muni L
Versions Introduced in 2015-2016 Legislative Session:: A9588

2017-S3691 - Summary

Relates to the placing of a lien for unpaid property taxes against the proceeds of a fire insurance policy on any real property located within a municipality.

2017-S3691 - Sponsor Memo

                                 BILL NUMBER:  S3691

 TITLE OF BILL :  An act to amend the general municipal law, in
relation to the placing of a lien for unpaid property taxes against
the proceeds of a fire insurance policy on any real property located
within a municipality

 PURPOSE OR GENERAL IDEA OF BILL :

To expand the definition of real property under the general municipal
law to include one and two family residential structures such that
municipalities may impose a tax lien upon an owner's fire insurance
policy in the event that the owner does not remedy damage to their
property.

 SUMMARY OF SPECIFIC PROVISIONS :

Section 1. Amends paragraph (e) of subdivision 1 of section 22 of the
general municipal law, as added by chapter 569 of the laws of 1978, to
include one and two family structures in the definition of real
property.

Section 2. This act shall take effect immediately

 JUSTIFICATION :

Current state law allows a municipality to impose a lien against the
fire insurance policy of a real property owner in the event that the
owner does not remedy damage to their property caused by a fire.
Presently, this law applies to residential, commercial, and industrial
properties, but excludes one and two family residences. This bill
would amend the general municipal law to hold all property-owners
accountable for the condition of their real property.

In 2005, a fire in the City of Albany's first ward damaged a block of
several houses. While other property owners made an effort to secure
their structures, one homeowner chose not to do so. The result was
water damage and mold to the home of his neighbor. This bill seeks to
give municipal governments a mechanism to ensure that all property
owners affected by a fire make best efforts to secure their property
and protect surrounding structures. By placing a lien against fire
insurance proceeds paid to the owner of a single or two-family
residence when the owner refuses to remedy fire damage, local
governments will be able to put an end to such situations and ensure
the safety of all their property owners.

Additionally, this bill will ensure that property owners cannot simply
collect an insurance settlement and abandon their property. This will
reduce instances of vacant structures and improve quality of life for
all members of the community.

 PRIOR LEGISLATIVE HISTORY :

2015-16 A.9588

 FISCAL IMPLICATIONS :

None to the State.

 EFFECTIVE DATE :
This act shall take effect immediately.

2017-S3691 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3691
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 25, 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 the placing of
   a lien for unpaid property taxes against the proceeds of a fire insur-
   ance policy on any real property located within a municipality

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Paragraph (e) of subdivision 1 of section 22 of the general
 municipal law, as added by chapter 569 of the laws of 1978,  is  amended
 to read as follows:
   (e)  "Real  property"  means  property upon which there is erected any
 residential, commercial or industrial building or structure except a one
 or two OWNER-OCCUPIED family residential structure.
   § 2. This act shall take effect immediately.
 
 
 
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07645-01-7

2017-S3691A - Details

See Assembly Version of this Bill:: A2784
Law Section:: General Municipal Law
Laws Affected:: Amd §22, Gen Muni L
Versions Introduced in 2015-2016 Legislative Session:: A9588

2017-S3691A - Summary

Relates to the placing of a lien for unpaid property taxes against the proceeds of a fire insurance policy on any real property located within a municipality.

2017-S3691A - Sponsor Memo

                                 BILL NUMBER:  S3691A

 TITLE OF BILL :  An act to amend the general municipal law, in
relation to the placing of a lien for unpaid property taxes against
the proceeds of a fire insurance policy on any real property located
within a municipality

 PURPOSE OR GENERAL IDEA OF BILL :

To expand the definition of real property under the general municipal
law to include owner-occupied two family residential structures such
that municipalities may impose a tax lien upon an owner's fire
insurance policy in the event that the owner does not remedy damage to
their property.

 SUMMARY OF SPECIFIC PROVISIONS :

Section 1. Amends paragraph (e) of subdivision 1 of section 22 of the
general municipal law, as added by chapter 569 of the laws of 1978, to
include two family structures in the definition of real property.

Section 2. This act shall take effect immediately

 JUSTIFICATION :

Current state law allows a municipality to impose a lien against the

fire insurance policy of a real property owner in the event that the
owner does not remedy damage to their property caused by a fire.
Presently, this law applies to residential, commercial, and industrial
properties, but excludes two family residences. This bill would amend
the general municipal law to hold owner-occupied two family
property-owners accountable for the condition of their real property.

In 2005, a fire in the City of Albany's first ward damaged a block of
several houses. While other property owners made an effort to secure
their structures, one homeowner chose not to do so. The result was
water damage and mold to the home of his neighbor. This bill seeks to
give municipal governments a mechanism to ensure that all property
owners affected by a fire make best efforts to secure their property
and protect surrounding structures. By placing a lien against fire
insurance proceeds paid to the owner of a two-family residence when
the owner refuses to remedy fire damage, local governments will be
able to put an end to such situations and ensure the safety of all
their property owners.

Additionally, this bill will ensure that property owners cannot simply
collect an insurance settlement and abandon their property. This will
reduce instances of vacant structures and improve quality of life for
all members of the community.

 PRIOR LEGISLATIVE HISTORY :

This is a new bill.

 FISCAL IMPLICATIONS :

None to the State.

 EFFECTIVE DATE :
This act shall take effect immediately.

2017-S3691A - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  3691--A
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 25, 2017
                                ___________
 
 Introduced by Sen. MARCHIONE -- 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 amend the general municipal law, in relation to the placing of
   a lien for unpaid property taxes against the proceeds of a fire insur-
   ance policy on any real property located within a municipality
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Paragraph (e) of subdivision 1 of section 22 of the general
 municipal law, as added by chapter 569 of the laws of 1978,  is  amended
 to read as follows:
   (e)  "Real  property"  means  property upon which there is erected any
 residential, commercial or industrial building or  structure  except  [a
 one or two] AN OWNER-OCCUPIED TWO family residential structure.
   § 2. This act shall take effect immediately.
 
 
 
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07645-03-7

2017-S3691B (ACTIVE) - Details

See Assembly Version of this Bill:: A2784
Law Section:: General Municipal Law
Laws Affected:: Amd §22, Gen Muni L
Versions Introduced in 2015-2016 Legislative Session:: A9588

2017-S3691B (ACTIVE) - Summary

Relates to the placing of a lien for unpaid property taxes against the proceeds of a fire insurance policy on any real property located within a municipality.

2017-S3691B (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S3691B

 TITLE OF BILL :

An act to amend the general municipal law, in relation to the placing
of a lien for unpaid property taxes against the proceeds of a fire
insurance policy on certain real property located within a
municipality

 PURPOSE OR GENERAL IDEA OF BILL :

To expand the definition of real property under the general municipal
law to include non-owner-occupied two family residential structures
such that municipalities may impose a tax lien upon an owner's fire
insurance policy in the event that the owner does not remedy damage to
their property.

 SUMMARY OF SPECIFIC PROVISIONS :

Section 1. Amends paragraph (e) of subdivision 1 of section 22 of the
general municipal law, as added by chapter 569 of the laws of 1978, to
include non-owner-occupied two family structures in the definition of
real property.

Section 2. This act shall take effect immediately

 JUSTIFICATION :

Current state law allows a municipality to impose a lien against the
fire insurance policy of a real property owner in the event that the
owner does not remedy damage to their property caused by a fire.
Presently, this law applies to residential, commercial, and industrial
properties, but excludes one and two family residences.  This bill
would amend the general municipal law to hold property owners of
non-owner-occupied two family residential structures accountable for
the condition of their real property.

In 2005, a fire in the City of Albany's first ward damaged a block of
several houses. While other property owners made an effort to secure
their structures, one homeowner chose not to do so. The result was
water damage and mold to the home of his neighbor. This bill seeks to
give municipal governments a mechanism to ensure that property owners
affected by a fire make best efforts to secure their property and
protect surrounding structures. By placing a lien against fire
insurance proceeds paid to the owner of a two-family residence when
the owner refuses to remedy fire damage, local governments will be
able to put an end to such situations and ensure the safety of all
their property owners.

Additionally, this bill will ensure that property owners cannot simply
collect an insurance settlement and abandon their property. This will
reduce instances of vacant structures and improve quality of life for
all members of the community.

 LEGISLATIVE HISTORY :

2015-16 A.9588

 FISCAL IMPLICATIONS :

None to the State.

 EFFECTIVE DATE :
This act shall take effect immediately.

2017-S3691B (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  3691--B
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 25, 2017
                                ___________
 
 Introduced by Sen. MARCHIONE -- 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 -- committee discharged, bill amended,
   ordered reprinted as amended and recommitted to said committee

 AN ACT to amend the general municipal law, in relation to the placing of
   a lien for unpaid property taxes against the proceeds of a fire insur-
   ance policy on certain real property located within a municipality
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Paragraph (e) of subdivision 1 of section 22 of the general
 municipal  law,  as added by chapter 569 of the laws of 1978, is amended
 to read as follows:
   (e) "Real property" means property upon which  there  is  erected  any
 residential,  commercial  or  industrial building or structure except [a
 one or two] AN OWNER-OCCUPIED SINGLE FAMILY  RESIDENTIAL  STRUCTURE  AND
 OWNER-OCCUPIED TWO family residential [structure] STRUCTURES.
   § 2. This act shall take effect immediately.
 
 
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07645-07-7

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Senate Bill S3691B

Share this bill

Sponsored By

Kathleen A. Marchione

Archive: Last Bill Status Via A2784 - Signed by Governor

Bill Amendments

2017-S3691 - Details

2017-S3691 - Summary

2017-S3691 - Sponsor Memo

2017-S3691 - Bill Text download pdf

2017-S3691A - Details

2017-S3691A - Summary

2017-S3691A - Sponsor Memo

2017-S3691A - Bill Text download pdf

2017-S3691B (ACTIVE) - Details

2017-S3691B (ACTIVE) - Summary

2017-S3691B (ACTIVE) - Sponsor Memo

2017-S3691B (ACTIVE) - Bill Text download pdf

Comments