NY State Senate Bill 2017-S4346A

Senate Bill S4346A

Signed By Governor

2017-2018 Legislative Session

Relates to exempting the real property of a land bank from certain sewer rent and user charges imposed by the state of New York and by any of its political subdivisions

download bill text pdf

Archive: Last Bill Status Via A6474 - 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
Oct 23, 2017	signed chap.349
Oct 11, 2017	delivered to governor
Jun 21, 2017	returned to assembly passed senate 3rd reading cal.302 substituted for s4346a
Jun 21, 2017	substituted by a6474a
Jun 05, 2017	amended on third reading 4346a
Mar 06, 2017	advanced to third reading
Mar 02, 2017	2nd report cal.
Mar 01, 2017	1st report cal.302
Feb 10, 2017	referred to corporations, authorities and commissions

Votes

- Jun 21, 2017 - Floor Vote
  A6474
  
  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 1, 2017 - Corporations, Authorities And Commissions Committee Vote
  S4346A
  
  6
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Corporations, Authorities And Commissions Committee Vote: Mar 1, 2017
      
      aye (6)
      
      Alcantara
      
      Amedore
      
      Larkin
      
      Ortt
      
      Ranzenhofer
      
      Squadron

Bill Amendments

Original

A (Active)

2017-S4346 - Details

See Assembly Version of this Bill:: A6474
Law Section:: Not-for-Profit Corporation Law
Laws Affected:: Amd §1608, N-PC L

2017-S4346 - Summary

Relates to exempting the real property of a land bank from certain sewer rent and user charges imposed by the state of New York and by any of its political subdivisions.

2017-S4346 - Sponsor Memo

                                 BILL NUMBER:  S4346

 TITLE OF BILL :  An act to amend the not-for-profit corporation law,
in relation to exempting the real property of a land bank from certain
sewer rent and user charges imposed by the state of New York and by
any of its political subdivisions

 PURPOSE :

To exempt land banks from sewer rent and other user charges imposed by
the State or localities

 SUMMARY OF PROVISIONS :

A chapter amendment, this bill amends chapter 441 of the laws of 2016
to specifically exempt land banks from sewer rent and other user
charges imposed by the State or localities

 EXISTING LAW :

Land Banks are currently exempt from taxation by the state and any of
its political subdivisions as well as from special ad valorem levies
and special assessments, a clarification inserted last year.

 JUSTIFICATION :

Land banks are created by a locality or in an agreement with multiple
locality. The funding land banks receive are either from private
donation for the public good, or from the State or local government.
Any tax or fee paid by the land bank to the state or locality is
either its own funds being returned to it or prevention from putting
properties back into the property tax rolls undercutting the purpose
of land banks.

Upon the creation of land banks in statute, they were originally
exempt from all taxation. However, as municipalities explore more ways
to pay for the services it provides, they have come up with other ways
to charge is citizens and businesses or have interpreted exemptions
narrowly. It is against the legislative intent that created land banks
to allow them to be taxed in this manner and undermines the purpose of
the land bank to only reduce the benefits that a land bank can provide
to its enacting jurisdiction.

This legislation amends legislation enacted last year that makes it
clear that land banks are not subject to state or local taxation,
something that was important upon the creation of land banks in
statute and important to its overarching purpose in the community
which it operates: to address blight and abandoned properties and turn
them into tax paying, community enhancing properties.

There were manners of taxation that are not clearly delineated in last
year's chapter, this bill aims to correct that and exempt land banks
from all taxation, as the original intent states.

 LEGISLATIVE HISTORY :

New bill amending chapter 441 of the laws of 2016

 FISCAL IMPLICATIONS :

Not determined

 EFFECTIVE DATE :
Immediately

2017-S4346 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4346
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             February 10, 2017
                                ___________
 
 Introduced  by  Sen. VALESKY -- read twice and ordered printed, and when
   printed to be committed to the Committee on Corporations,  Authorities
   and Commissions
 
 AN  ACT  to  amend  the  not-for-profit  corporation law, in relation to
   exempting the real property of a land bank from certain sewer rent and
   user charges imposed by the state of New York and by any of its  poli-
   tical subdivisions
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Paragraph (a) of section 1608 of the not-for-profit  corpo-
 ration law, as amended by chapter 441 of the laws of 2016, is amended to
 read as follows:
   (a) The real property of a land bank and its income and operations are
 exempt  from  all  taxation  by  the state of New York and by any of its
 political subdivisions. The real property of a land bank shall be exempt
 from: (I) all special ad  valorem  levies  and  special  assessments  as
 defined  in  section  one hundred two of the real property tax law; (II)
 SEWER RENT IMPOSED UNDER ARTICLE FOURTEEN-F  OF  THE  GENERAL  MUNICIPAL
 LAW; AND (III) ANY AND ALL USER CHARGES IMPOSED BY THE STATE OF NEW YORK
 AND  BY  ANY  OF  ITS  POLITICAL SUBDIVISIONS. Notwithstanding any other
 general, special or local law relating to fees of clerks, no clerk shall
 charge or collect a fee for filing, recording  or  indexing  any  paper,
 document,  map or proceeding filed, recorded or indexed for a land bank,
 or an officer thereof acting in an official capacity, nor for furnishing
 a transcript, certification or copy  of  any  paper,  document,  map  or
 proceeding to be used for land bank purposes.
   § 2. This act shall take effect immediately.
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09872-01-7

2017-S4346A (ACTIVE) - Details

See Assembly Version of this Bill:: A6474
Law Section:: Not-for-Profit Corporation Law
Laws Affected:: Amd §1608, N-PC L

2017-S4346A (ACTIVE) - Summary

Relates to exempting the real property of a land bank from certain sewer rent and user charges imposed by the state of New York and by any of its political subdivisions.

2017-S4346A (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S4346A

 TITLE OF BILL :  An act to amend the not-for-profit corporation law,
in relation to exempting the real property of a land bank from certain
sewer rent and user charges imposed by the state of New York and by
any of its political subdivisions

 PURPOSE :

To exempt land banks from sewer rent and other user charges imposed by
the State or localities

 SUMMARY OF PROVISIONS :

A chapter amendment, this bill amends chapter 441 of the laws of 2016
to specifically exempt land banks from sewer rent and other user
charges imposed by the State or localities

 EXISTING LAW :

Land Banks are currently exempt from taxation by the state and any of
its political subdivisions as well as from special ad valorem levies
and special assessments, a clarification inserted last year.

 JUSTIFICATION :

Land banks are created by a locality or in an agreement with multiple
locality. The funding land banks receive are either from private
donation for the public good, or from the State or local government.
Any tax or fee paid by the land bank to the state or locality is
either its own funds being returned to it or prevention from putting
properties back into the property tax rolls undercutting the purpose
of land banks.

Upon the creation of land banks in statute, they were originally
exempt from all taxation. However, as municipalities explore more ways
to pay for the services it provides, they have come up with other ways
to charge is citizens and businesses or have interpreted exemptions
narrowly. It is against the legislative intent that created land banks
to allow them to be taxed in this manner and undermines the purpose of
the land bank to only reduce the benefits that a land bank can provide
to its enacting jurisdiction.

This legislation amends legislation enacted last year that makes it
clear that land banks are not subject to state or local taxation,
something that was important upon the creation of land banks in
statute and important to its overarching purpose in the community
which it operates: to address blight and abandoned properties and turn
them into tax paying, community enhancing properties.

There were manners of taxation that are not clearly delineated in last
year's chapter, this bill aims to correct that and exempt land banks
from all taxation, as the original intent states.

 LEGISLATIVE HISTORY :

New bill amending chapter 441 of the laws of 2016

 FISCAL IMPLICATIONS :

Not determined

 EFFECTIVE DATE :
Immediately

2017-S4346A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4346--A
     Cal. No. 302
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             February 10, 2017
                                ___________
 
 Introduced  by  Sen. VALESKY -- read twice and ordered printed, and when
   printed to be committed to the Committee on Corporations,  Authorities
   and  Commissions -- reported favorably from said committee, ordered to
   first and second report, ordered  to  a  third  reading,  amended  and
   ordered reprinted, retaining its place in the order of third reading
 
 AN  ACT  to  amend  the  not-for-profit  corporation law, in relation to
   exempting the real property of a land bank from certain sewer rent and
   user charges imposed by the state of New York and by any of its  poli-
   tical subdivisions
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Paragraph (a) of section 1608 of the not-for-profit  corpo-
 ration law, as amended by chapter 441 of the laws of 2016, is amended to
 read as follows:
   (a) The real property of a land bank and its income and operations are
 exempt  from  all  taxation  by  the state of New York and by any of its
 political subdivisions. The real property of a land bank shall be exempt
 from: (I) all special ad  valorem  levies  and  special  assessments  as
 defined  in  section  one hundred two of the real property tax law; (II)
 SEWER RENT IMPOSED UNDER ARTICLE FOURTEEN-F  OF  THE  GENERAL  MUNICIPAL
 LAW;  AND (III) ANY AND ALL USER CHARGES IMPOSED BY ANY MUNICIPAL CORPO-
 RATION, SPECIAL DISTRICT OR OTHER POLITICAL SUBDIVISIONS OF  THE  STATE,
 PROVIDED, HOWEVER, THAT REAL PROPERTY OF A LAND BANK FOR WHICH SUCH LAND
 BANK  RECEIVES  RENT,  FEES,  OR  OTHER CHARGES FOR THE USE OF SUCH REAL
 PROPERTY SHALL NOT BE EXEMPT FROM SUBPARAGRAPHS (II) AND (III)  OF  THIS
 PARAGRAPH.  Notwithstanding  any  other  general,  special  or local law
 relating to fees of clerks, no clerk shall charge or collect a  fee  for
 filing,  recording  or  indexing  any paper, document, map or proceeding
 filed, recorded or indexed for a land bank, or an officer thereof acting
 in an official capacity, nor for furnishing a transcript,  certification
 or  copy  of  any paper, document, map or proceeding to be used for land
 bank purposes.
   § 2. This act shall take effect immediately.

 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09872-03-7

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