NY State Senate Bill 2009-S1964

Senate Bill S1964

2009-2010 Legislative Session

Requires school district representation among the membership of an industrial development agency

download bill text pdf

Archive: Last Bill Status - In Senate Committee Local Government Committee

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

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2010	referred to local government
Feb 10, 2009	referred to local government

2009-S1964 (ACTIVE) - Details

See Assembly Version of this Bill:: A2094
Current Committee:: Senate Local Government
Law Section:: General Municipal Law
Laws Affected:: Amd §856, Gen Muni L
Versions Introduced in 2011-2012 Legislative Session:: A3068

2009-S1964 (ACTIVE) - Summary

Requires school district representation and participation on boards of industrial development agencies.

2009-S1964 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S1964

 TITLE OF BILL :  An act to amend the general municipal law, in
relation to school district representation in industrial development
agencies

 PURPOSE :

To provide for school district representation on the boards of
Industrial Development Agencies.

 SUMMARY OF PROVISIONS :

Section 856 of the General Municipal Law is amended to provide for
school district representation on the boards of Industrial Development
Agencies.

 JUSTIFICATION :

Industrial Development Agencies are designed to promote economic
development in part by holding title to real property in such a way as
to make the property exempt from taxation. While the careful use of
Industrial Development Agencies has led to strengthened economies and
new jobs in some regions of the state, unrestricted tax abatement
shifts the burden to those taxpayers remaining on the tax rolls
without exemptions.

School districts throughout the state are affected by decisions on tax
abatement without any direct representation on the Industrial
Development Agency boards. Because they have an essential interest in
the tax base which supports their schools, school districts should be
provided with a full and adequate opportunity to participate in the
decision making process affecting the abatement of any taxable
properties within the district.

School district representation on the Industrial Development Agency
boards would furthermore provide those boards with new perspectives
and insights which would help those boards to make more informed and
effective decisions regarding regional economic development.

 LEGISLATIVE HISTORY :

2001-02: S.882/A.1727 No action.
2003-04: S.659/A.2657 No action.
2005-06: S.2226/A.4442 Referred to Local Government
2007-08: S.2627/A.4510 Referred to Local Government

 FISCAL IMPLICATIONS :

None.

 EFFECTIVE DATE :
One hundred twentieth day after it becomes law.

2009-S1964 (ACTIVE) - Bill Text download pdf

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

                                  1964

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            February 10, 2009
                               ___________

Introduced  by  Sen.  STACHOWSKI  -- 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  school
  district representation in industrial development agencies

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

  Section 1. Subdivision 2 of section 856 of the general municipal  law,
as  amended  by  chapter  356 of the laws of 1993, is amended to read as
follows:
  2. An agency shall be a corporate governmental agency, constituting  a
public benefit corporation.  Except as otherwise provided by special act
of  the  legislature, an agency shall consist of not less than three nor
more than [seven] EIGHT members, ONE OF WHOM SHALL BE  A  PUBLIC  SCHOOL
REPRESENTATIVE APPOINTED UPON THE RECOMMENDATION MADE PURSUANT TO SUBDI-
VISION  FOUR  OF  THIS  SECTION,  IF  A RESOLUTION PROVIDING THEREFOR IS
ADOPTED, who shall be appointed by the governing body  of  each  munici-
pality  and who shall serve at the pleasure of the appointing authority.
Such members may include representatives  of  local  government,  school
boards,  organized  labor and business.  A member shall continue to hold
office until [his] SUCH MEMBER'S successor is appointed and  has  quali-
fied.  The governing body of each municipality shall designate the first
chairman  and file with the secretary of state a certificate of appoint-
ment or reappointment of any member.   Such  members  shall  receive  no
compensation  for  their services but shall be entitled to the necessary
expenses, including traveling expenses, incurred  in  the  discharge  of
their duties.
  S  2.  Subdivision  4  of  section 856 of the general municipal law is
renumbered subdivision 5 and a new subdivision 4 is  added  to  read  as
follows:
  4. ONE MEMBER OF EACH AGENCY SHALL, IF THE SCHOOL DISTRICT OR BOARD OF
COOPERATIVE  EDUCATIONAL SERVICES WITHIN THE JURISDICTION OF SUCH INDUS-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03280-01-9

S. 1964                             2

TRIAL DEVELOPMENT AGENCY ADOPTS A RESOLUTION PROVIDING  THEREFOR,  BE  A
PUBLIC  SCHOOL  REPRESENTATIVE  FROM  WITHIN  THE MUNICIPALITY FOR WHOSE
BENEFIT SUCH AGENCY IS ESTABLISHED.  THE  PUBLIC  SCHOOL  REPRESENTATIVE
SHALL  BE APPOINTED UPON THE RECOMMENDATION OF THE BOARD OF EDUCATION OR
BOARD OF COOPERATIVE EDUCATIONAL SERVICES MADE  BY  ITS  ADOPTION  OF  A
RESOLUTION  IN  SUPPORT  OF SUCH CANDIDATE AS FOLLOWS: (I) FOR A TOWN OR
VILLAGE INDUSTRIAL DEVELOPMENT AGENCY, BY THE BOARD OF EDUCATION LOCATED
WITHIN THE TOWN OR VILLAGE OR ANY PART THEREOF; (II) FOR A COUNTY INDUS-
TRIAL DEVELOPMENT  AGENCY,  BY  THE  BOARD  OF  COOPERATIVE  EDUCATIONAL
SERVICES LOCATED WITHIN THE COUNTY OR ANY PART THEREOF; (III) FOR A CITY
INDUSTRIAL DEVELOPMENT AGENCY, BY THE CITY BOARD OF EDUCATION. IN A CASE
WHERE  THERE IS MORE THAN ONE BOARD OF EDUCATION OR BOARD OF COOPERATIVE
EDUCATIONAL SERVICES WITHIN THE MUNICIPALITY SERVED  BY  THE  INDUSTRIAL
DEVELOPMENT AGENCY OR ANY PART THEREOF, THEN THE REPRESENTATIVE SHALL BE
NOMINATED  BY  MUTUAL AGREEMENT OF SUCH BOARDS OF EDUCATION OR BOARDS OF
COOPERATIVE EDUCATIONAL SERVICES CHOOSING TO HAVE  A  REPRESENTATIVE  ON
THE AGENCY. THE PUBLIC SCHOOL REPRESENTATIVE SHALL BRING THE PERSPECTIVE
OF  SUCH  BOARDS  OF  EDUCATION  OR  BOARDS  OF  COOPERATIVE EDUCATIONAL
SERVICES TO THE AGENCY AND REPORT TO SUCH BOARDS OF EDUCATION OR  BOARDS
OF  COOPERATIVE EDUCATIONAL SERVICES AT A REGULAR MEETING AT LEAST ANNU-
ALLY.
  S 3. Subdivision 5 of section 856 of the  general  municipal  law,  as
added  by  chapter 1030 of the laws of 1969 and as renumbered by section
two of this act, is amended to read as follows:
  5. Any one or more of the members of an agency may be an  official  or
an  employee  of  the municipality OR A SCHOOL DISTRICT CONTAINED WITHIN
THE MUNICIPALITY.  In the event that an official or an employee  of  the
municipality  OR  A  SCHOOL  DISTRICT  CONTAINED WITHIN THE MUNICIPALITY
shall be appointed as a member of the agency, acceptance or retention of
such appointment shall not be deemed a forfeiture of [his] SUCH MEMBER'S
municipal OR SCHOOL DISTRICT office or employment, or incompatible ther-
ewith or affect [his] SUCH MEMBER'S tenure or compensation in  any  way.
The  term  of  office  of a member of an agency who is an official or an
employee of the municipality OR A SCHOOL DISTRICT CONTAINED  WITHIN  THE
MUNICIPALITY  when  appointed  as a member thereof by special act of the
legislature creating the industrial development agency  shall  terminate
at the expiration of the term of [his] SUCH MEMBER'S municipal OR SCHOOL
DISTRICT office.
  S 4. This act shall take effect on the one hundred twentieth day after
it shall have become a law.

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