NY State Senate Bill 2021-S8230

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
May 03, 2022	reference changed to cities 2
Feb 07, 2022	referred to local government

2021-S8230 (ACTIVE) - Details

See Assembly Version of this Bill:: A3270
Current Committee:: Senate Local Government
Law Section:: General Municipal Law
Laws Affected:: Amd §3-c, Gen Muni L
Versions Introduced in Other Legislative Sessions:: 2015-2016: A9610
2017-2018: A2953
2019-2020: A6624
2023-2024: S1019, A1269

2021-S8230 (ACTIVE) - Summary

Establishes limits upon local government tax levies.

2021-S8230 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S8230

SPONSOR: COONEY
 
TITLE OF BILL:

An act to amend the general municipal law, in relation to establishing
limits upon local government tax levies

 
PURPOSE OR GENERAL IDEA OF BILL:

To exclude business improvement district tax assessments from local tax
cap calculations.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 - Amends paragraphs (e) and (h) of subdivision 2 of section
3-c of the general municipal law to remove business improvement
districts from the definition of "local government" and tax levies
designed to fund business improvement districts from the definition of
"tax."

Section 2- Amends subparagraph (iv) of paragraph (g) of subdivision 2 of

section 3-c of the general municipal law to remove tax levies designed
to fund business improvement districts from the definition of "tax levy
limit."

Section 3 - Effective date

 
JUSTIFICATION:

Business improvement districts (BIDs) are one of the state's most
successful public/private sector partnerships for revitalizing downtown
retail and commercial corridors. In a BID private property owners come
together and agree to tax themselves over and above any other tax levied
on them by a municipality or school district so that the visual charac-
ter and economic health of their downtowns and/or commercial corridors
can be improved. These BID assessments are then used to fund critical
investments in streetscape improvements, supplemental sanitation
services, street beautification, supplemental security services, market-
ing, and special events. All of these services are designed to breathe
new life and investment into older, underutilized, and in many cases
vacant commercial corridors.

The implementation of a local tax cap in New York State has no doubt
benefited taxpayers. It is critical that local governments continue to
abide by the strictures of the tax cap. It has helped our state to grow
economically and to limit spending and ease the burden on local taxpay-
ers. BIDs represent a unique set of circumstances where business owners
within the BID have agreed to be taxed at a higher rate. The BID tax
rate should not be included in the local municipality tax cap calcu-
lation as it places an additional burden on the host municipality in
which the BID resides and affects the municipality as a whole on their
delivery of services to its residents. This is unfair to the munici-
pality and its residents. Additionally, it is worth reinforcing that
members of the BID stepped forward and voted for an increased tax, with-
out the intent to penalize the community at large.

 
PRIOR LEGISLATIVE HISTORY:

A.9610 2015-2016

A.2953 2017-2018

A.6624 2019-2020

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2021-S8230 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8230
 
                             I N  S E N A T E
 
                             February 7, 2022
                                ___________
 
 Introduced  by  Sen.  COONEY -- 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  establishing
   limits upon local government tax levies
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Paragraphs (e) and (h) of subdivision 2 of section  3-c  of
 the general municipal law, as added by section 1 of part A of chapter 97
 of the laws of 2011, are amended to read as follows:
   (e)  "Local  government"  means  a  county,  city, town, village, fire
 district, or special district including but not limited  to  a  district
 created  pursuant  to article twelve or twelve-A, or governed by article
 thirteen of the town law, or created pursuant to article five-A,  five-B
 or  five-D  of the county law, [chapter five hundred sixteen of the laws
 of nineteen hundred twenty-eight,] or chapter two hundred  seventy-three
 of  the  laws  of  nineteen  hundred thirty-nine, and shall include town
 improvements provided pursuant to articles three-A and twelve-C  of  the
 town  law  but  shall  not  include the city of New York or the counties
 contained therein OR SPECIAL DISTRICTS ESTABLISHED PURSUANT  TO  ARTICLE
 NINETEEN-A OF THIS CHAPTER.
   (h)  "Tax"  or  "taxes"  shall  include (i) a charge imposed upon real
 property by or on behalf of a county,  city,  town,  village  or  school
 district  for municipal or school district purposes, and (ii) special ad
 valorem levies and special assessments as defined in subdivisions  four-
 teen and fifteen of section one hundred two of the real property tax law
 BUT  NOT  INCLUDING AD VALOREM LEVIES AND SPECIAL ASSESSMENTS AUTHORIZED
 TO BE ESTABLISHED AND IMPOSED PURSUANT TO SECTION NINE HUNDRED  EIGHTY-J
 OF THIS CHAPTER.
   §  2.  Subparagraph  (iv) of paragraph (g) of subdivision 2 of section
 3-c of the general municipal law, as added by section 1  of  part  A  of
 chapter  97  of  the laws of 2011, is amended and a new paragraph (v) is
 added to read as follows:
   (iv) in years in which the normal contribution rate of  the  New  York
 state teachers' retirement system, as defined by paragraph a of subdivi-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD07385-01-1
 S. 8230                             2
 
 sion  two  of  section  five  hundred  seventeen  of  the education law,
 increases by more than two percentage points from the previous  year,  a
 tax levy necessary for expenditures for the coming fiscal year for local
 government  employer  contributions  to  the  New  York  state teachers'
 retirement system caused by growth in the normal contribution rate minus
 two percentage points[.];
   (V) AD VALOREM LEVIES AND SPECIAL ASSESSMENTS AUTHORIZED TO BE  ESTAB-
 LISHED  AND  IMPOSED  PURSUANT  TO SECTION NINE HUNDRED EIGHTY-J OF THIS
 CHAPTER.
   § 3. This act shall take effect immediately.

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Senate Bill S8230

Sponsored By

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

2021-S8230 (ACTIVE) - Details

2021-S8230 (ACTIVE) - Summary

2021-S8230 (ACTIVE) - Sponsor Memo

2021-S8230 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S8230

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Sponsored By

Jeremy A. Cooney

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

2021-S8230 (ACTIVE) - Details

2021-S8230 (ACTIVE) - Summary

2021-S8230 (ACTIVE) - Sponsor Memo

2021-S8230 (ACTIVE) - Bill Text download pdf

Comments