NY State Senate Bill 2017-S8956

Senate Bill S8956

2017-2018 Legislative Session

Relates to requiring notice and confirmation of such notice by affected local taxing jurisdictions and school districts prior to approval of projects by industrial development agencies

download bill text pdf

Archive: Last Bill Status - In Senate Committee Rules 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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 07, 2018	referred to rules

2017-S8956 (ACTIVE) - Details

See Assembly Version of this Bill:: A10373
Current Committee:: Senate Rules
Law Section:: General Municipal Law
Laws Affected:: Amd §§859-a & 874, Gen Muni L; amd §§1953-a, 1963-a, 2307 & 2315, Pub Auth L
Versions Introduced in Other Legislative Sessions:: 2019-2020: S2769, S7831, A2947
2021-2022: S3256, A10056

2017-S8956 (ACTIVE) - Summary

Relates to requiring notice and confirmation of such notice by affected local taxing jurisdictions and school districts prior to approval of projects by industrial development agencies.

2017-S8956 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S8956

SPONSOR: COMRIE
 
TITLE OF BILL:  An act to amend the general municipal law and the
public authorities law, in relation to requiring notice and confirmation
of such notice by affected local taxing jurisdictions and school
districts prior to approval of projects by industrial development agen-
cies

 
PURPOSE OR GENERAL IDEA OF BILL:

This bill would ensure that important notifications required by law to
be given by Industrial Development Agencies (IDAs) are received by
affected local taxing jurisdictions.

 
SUMMARY OF PROVISIONS:

This bill amends General Municipal Law and Public Authorities Law to
require IDAs to send notifications of proposed financial incentives for
a project and any reasons for deviation from their uniform tax exemption
policy to affected local taxing jurisdictions by certified mail, return

receipt requested. If the affected local taxing jurisdiction is a school
district, notifications are required to be sent to the school board and
district superintendent of the school district.

 
DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE):

This amendment expands the notifications that would be required to be
sent by certified mail, return receipt requested and places these
requirements on the Troy and Auburn IDAs, which are separately author-
ized in Public Authorities Law.

 
JUSTIFICATION:

Industrial Development Agencies (IDAs) deliver economic incentives to
business and industry, strengthen the local tax base and support local
job creation. In order to ensure this mission, IDAs must work coopera-
tively with local governments, economic development partners and school
districts. This bill will ensure coordination and transparency among
stakeholders without inhibiting economic growth or having a negative
impact on school district revenues or local taxpayers.

 
PRIOR LEGISLATIVE HISTORY:

New bill for 2018 A10373-A Solages

04/18/18 referred to local governments
05/23/18 amend (t) and recommit to local governments
05/23/18 print number 10373a
05/31/18 reported
05/31/18 advanced to third reading cal.1044
06/06/18 passed assembly 139-0
06/06/18 delivered to senate
06/06/18 REFERRED TO RULES

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None.

 
EFFECTIVE DATE:
This act shall take effect on the first of January next succeeding the
date on which it shall have become a law.

2017-S8956 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8956
 
                             I N  S E N A T E
 
                               June 7, 2018
                                ___________
 
 Introduced  by  Sen.  COMRIE -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 AN ACT to amend the general municipal law  and  the  public  authorities
   law,  in  relation to requiring notice and confirmation of such notice
   by affected local taxing jurisdictions and school districts  prior  to
   approval of projects by industrial development agencies

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 859-a of the general municipal law  is  amended  by
 adding a new subdivision 1-a to read as follows:
   1-A.  THE AGENCY SHALL DELIVER A COPY OF THE RESOLUTION ADOPTED PURSU-
 ANT TO SUBDIVISION ONE OF THIS SECTION BY CERTIFIED MAIL, RETURN RECEIPT
 REQUESTED, TO THE CHIEF EXECUTIVE OFFICER OF EACH AFFECTED LOCAL  TAXING
 JURISDICTION.  WHEN  THE  AFFECTED LOCAL TAXING JURISDICTION IS A SCHOOL
 DISTRICT, THE AGENCY SHALL DELIVER A COPY OF SUCH RESOLUTION  BY  CERTI-
 FIED  MAIL,  RETURN  RECEIPT REQUESTED, TO THE SCHOOL BOARD AND DISTRICT
 SUPERINTENDENT OF EACH AFFECTED SCHOOL DISTRICT.
   § 2. Paragraph (b) of subdivision 4 of  section  874  of  the  general
 municipal law, as amended by chapter 357 of the laws of 1993, is amended
 to read as follows:
   (b)  The  agency  shall  establish  a procedure for deviation from the
 uniform tax exemption policy required pursuant to this subdivision.  The
 agency  shall  set  forth in writing the reasons for deviation from such
 policy, and shall further  notify  BY  CERTIFIED  MAIL,  RETURN  RECEIPT
 REQUESTED, the affected local taxing jurisdictions of the proposed devi-
 ation  from  such  policy  and the reasons therefor.   WHEN THE AFFECTED
 LOCAL TAXING JURISDICTION IS A SCHOOL DISTRICT, THE AGENCY SHALL  NOTIFY
 BY  CERTIFIED  MAIL,  RETURN  RECEIPT  REQUESTED,  THE  SCHOOL BOARD AND
 DISTRICT SUPERINTENDENT OF EACH AFFECTED SCHOOL DISTRICT.
   § 3. Section 1953-a of the public authorities law is amended by adding
 a new subdivision 1-a to read as follows:
   1-A. THE AUTHORITY SHALL DELIVER A  COPY  OF  THE  RESOLUTION  ADOPTED
 PURSUANT  TO  SUBDIVISION  ONE OF THIS SECTION BY CERTIFIED MAIL, RETURN
 RECEIPT REQUESTED, TO THE CHIEF EXECUTIVE OFFICER OF EACH  AFFECTED  TAX
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD15439-04-8

 S. 8956                             2
 
 JURISDICTION.  WHEN  THE AFFECTED TAX JURISDICTION IS A SCHOOL DISTRICT,
 THE AUTHORITY SHALL DELIVER A COPY OF SUCH RESOLUTION BY CERTIFIED MAIL,
 RETURN RECEIPT REQUESTED, TO THE SCHOOL BOARD AND  DISTRICT  SUPERINTEN-
 DENT OF EACH AFFECTED SCHOOL DISTRICT.
   § 4. Subdivision 2 of section 1963-a of the public authorities law, as
 amended  by  chapter  357  of  the  laws  of 1993, is amended to read as
 follows:
   2. The authority shall establish a procedure for  deviation  from  the
 uniform  tax  exemption  policy  required  pursuant to this section. The
 authority shall set forth in writing the reasons for deviation from such
 policy, and shall further  notify  BY  CERTIFIED  MAIL,  RETURN  RECEIPT
 REQUESTED, the affected tax jurisdictions of the proposed deviation from
 such  policy  and the reasons therefor.  WHEN THE AFFECTED TAX JURISDIC-
 TION IS A SCHOOL DISTRICT, THE AUTHORITY SHALL NOTIFY BY CERTIFIED MAIL,
 RETURN RECEIPT REQUESTED, THE SCHOOL BOARD AND  DISTRICT  SUPERINTENDENT
 OF EACH AFFECTED SCHOOL DISTRICT.
   § 5. Section 2307 of the public authorities law is amended by adding a
 new subdivision 1-a to read as follows:
   1-A.  THE  AUTHORITY  SHALL  DELIVER  A COPY OF THE RESOLUTION ADOPTED
 PURSUANT TO SUBDIVISION ONE OF THIS SECTION BY  CERTIFIED  MAIL,  RETURN
 RECEIPT  REQUESTED,  TO THE CHIEF EXECUTIVE OFFICER OF EACH AFFECTED TAX
 JURISDICTION. WHEN THE AFFECTED TAX JURISDICTION IS A  SCHOOL  DISTRICT,
 THE AUTHORITY SHALL DELIVER A COPY OF SUCH RESOLUTION BY CERTIFIED MAIL,
 RETURN  RECEIPT  REQUESTED, TO THE SCHOOL BOARD AND DISTRICT SUPERINTEN-
 DENT OF EACH AFFECTED SCHOOL DISTRICT.
   § 6. Subdivision 2 of section 2315 of the public authorities  law,  as
 amended  by  chapter  357  of  the  laws  of 1993, is amended to read as
 follows:
   2. The authority shall establish a procedure for  deviation  from  the
 uniform  tax  exemption  policy  required  pursuant to this section. The
 authority shall set forth in writing the reasons for deviation from such
 policy, and shall further  notify  BY  CERTIFIED  MAIL,  RETURN  RECEIPT
 REQUESTED, the affected local taxing jurisdictions of the proposed devi-
 ation  from  such policy and the reasons therefor. WHEN THE AFFECTED TAX
 JURISDICTION IS A SCHOOL DISTRICT, THE AUTHORITY SHALL NOTIFY BY  CERTI-
 FIED  MAIL,  RETURN  RECEIPT  REQUESTED,  THE  SCHOOL BOARD AND DISTRICT
 SUPERINTENDENT OF EACH AFFECTED SCHOOL DISTRICT.
   § 7. This act shall take effect on the first of January next  succeed-
 ing the date on which it shall have become a law.

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