NY State Senate Bill 2017-S1260

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

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
Jan 03, 2018	referred to local government
Jan 06, 2017	referred to local government

2017-S1260 (ACTIVE) - Details

See Assembly Version of this Bill:: A8621
Current Committee:: Senate Local Government
Law Section:: Real Property Tax Law
Laws Affected:: Add Art 3-A §370, RPT L
Versions Introduced in Other Legislative Sessions:: 2011-2012: S5872, A9577
2013-2014: S1488, A1866
2015-2016: S453, A2031
2019-2020: S1914, A146
2021-2022: S950, A6050

2017-S1260 (ACTIVE) - Summary

Relates to reductions of payments in lieu of taxes; provides that where such payment agreement is to be reduced due to a reassessment of the parcel of real property such agreement is related to, such reduction shall be phased in over 10 years if the reduction would negatively affect the revenues of a local government by more than 5%.

2017-S1260 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S1260

 TITLE OF BILL :  An act to amend the real property tax law, in
relation to payment in lieu of taxes agreements

 PURPOSE :

This bill requires businesses that make payments in lieu of taxes
(PILOTs) to local governments and school districts to spread the
negative impact of a reassessment over a ten year period.

 SUMMARY OF PROVISIONS :

The real property tax law is amended by adding a new section 370 to
require businesses that make payments in lieu of taxes (PILOTs) to
provide local governments and school districts to spread the negative
impact of a reassessment over a ten year period.

Ten year phase out period would only come into affect if the negative
financial impact

 JUSTIFICATION :

Many businesses have been enticed to areas through a development
program known as a PILOT, payment in lieu of taxes. The program
exempts certain businesses from property taxes in exchange for

payments to the county, towns and school districts where they are
located. Some PILOT agreements have provisions that allow the business
to challenge property tax assessments and win a credit against future
payments if found to be a valid challenge.

A successful challenge would create a substantial and potentially
crushing reduction in revenue to a locality and school district that
relies on PILOT payments. The potential impact to a school district or
locality could be devastating. Localities and school districts, in
these most difficult financial times, should be allowed to spread the
impact over a ten year period if the reduction would constitute 5% or
more of total revenue. Such a phase out would allow for planning and
budgeting decisions to be made that would reflect the reduction in
PILOT payments and lessen the impact on the taxpayer.

 LEGISLATIVE HISTORY :

S.453 of 2015/16.

 FISCAL IMPLICATIONS :

None.

 EFFECTIVE DATE :
This act shall take effect immediately.

2017-S1260 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1260
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                              January 6, 2017
                                ___________
 
 Introduced  by  Sen.  MARCELLINO  -- read twice and ordered printed, and
   when printed to be committed to the Committee on Local Government
 
 AN ACT to amend the real property tax law, in  relation  to  payment  in
   lieu of taxes agreements
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The real property tax law is amended by adding a new  arti-
 cle 3-A to read as follows:
                                ARTICLE 3-A
                    PAYMENT IN LIEU OF TAXES AGREEMENTS
 SECTION 370. PAYMENT IN LIEU OF TAXES AGREEMENTS.
   §  370.  PAYMENT  IN  LIEU OF TAXES AGREEMENTS. 1. FOR THE PURPOSES OF
 THIS SECTION:
   (A) "LOCAL GOVERNMENT" SHALL MEAN ANY MUNICIPAL CORPORATION AS DEFINED
 PURSUANT TO SECTION TWO OF THE  GENERAL  MUNICIPAL  LAW  OR  ANY  SCHOOL
 DISTRICT OR BOARD OF COOPERATIVE EDUCATIONAL SERVICES.
   (B)  "PAYMENT  IN  LIEU OF TAXES AGREEMENT" OR "PILOT AGREEMENT" SHALL
 MEAN AN AGREEMENT ENTERED INTO BETWEEN A LOCAL  GOVERNMENT  AND  ANOTHER
 PARTY  WHEREBY  SUCH  OTHER  PARTY COMPENSATES SUCH LOCAL GOVERNMENT FOR
 SOME OR ALL OF THE TAX REVENUE LOST DUE TO THE  NATURE  OF  THE  USE  OR
 OWNERSHIP  OF  A PARCEL OF REAL PROPERTY BY SUCH OTHER PARTY. THE AMOUNT
 OF SUCH PAYMENT IN LIEU OF TAXES IS  BASED  ON  AN  ASSESSMENT  OF  SUCH
 PARCEL OF REAL PROPERTY.
   2.  IF THE AMOUNT OF ANY PAYMENT IN LIEU OF TAXES IS REDUCED, DUE TO A
 REASSESSMENT OF THE PARCEL OF REAL PROPERTY SUCH  AGREEMENT  IS  RELATED
 TO,  AND SUCH REDUCTION WOULD NEGATIVELY IMPACT THE TOTAL REVENUE OF ANY
 LOCAL GOVERNMENT BY MORE THAN FIVE PERCENT, SUCH REDUCTION  IN  PAYMENTS
 IN LIEU OF TAXES SHALL BE PHASED IN OVER A TEN YEAR PERIOD.
   § 2. This act shall take effect immediately.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05988-01-7

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 S1260

Sponsored By

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

2017-S1260 (ACTIVE) - Details

2017-S1260 (ACTIVE) - Summary

2017-S1260 (ACTIVE) - Sponsor Memo

2017-S1260 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S1260

Share this bill

Sponsored By

Carl L. Marcellino

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

2017-S1260 (ACTIVE) - Details

2017-S1260 (ACTIVE) - Summary

2017-S1260 (ACTIVE) - Sponsor Memo

2017-S1260 (ACTIVE) - Bill Text download pdf

Comments