Bill Text: NY A02413 | 2015-2016 | General Assembly | Introduced

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Bill Title: Relates to payments in lieu of taxes.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2016-01-06 - referred to local governments [A02413 Detail]

Download: New_York-2015-A02413-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         2413
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                   January 16, 2015
                                      ___________
       Introduced by M. of A. ABINANTI -- read once and referred to the Commit-
         tee on Local Governments
       AN  ACT  to  amend the general municipal law, in relation to payments in
         lieu of taxes
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Subdivision 15 of section 858 of the general municipal law,
    2  as  added  by  chapter  356  of  the laws of 1993, is amended to read as
    3  follows:
    4    (15) To enter into agreements requiring payments  in  lieu  of  taxes.
    5  Such agreements shall be in writing and in addition to other terms shall
    6  contain: the amount due annually to each affected tax jurisdiction (or a
    7  formula by which the amount due can be calculated), the name and address
    8  of the person, office or agency to which payment shall be delivered, the
    9  date on which payment shall be made, and the date on which payment shall
   10  be  considered  delinquent  if not paid.  Unless otherwise agreed by the
   11  affected tax  jurisdictions,  any  such  agreement  shall  provide  that
   12  payments  in  lieu of taxes shall be allocated among affected tax juris-
   13  dictions in proportion to the amount of  real  property  tax  and  other
   14  taxes  which  would have been received by each affected tax jurisdiction
   15  had the project not been tax exempt due to  the  status  of  the  agency
   16  involved in the project. A copy of any such agreement shall be delivered
   17  to  each  affected  tax  jurisdiction within fifteen days of signing the
   18  agreement. In the absence of any such  written  agreement,  payments  in
   19  lieu  of  taxes  made  by  an  agency  shall  be  allocated  in the same
   20  proportions as they had been prior to January  first,  nineteen  hundred
   21  ninety-three  for  so  long  as the agency's activities render a project
   22  non-taxable by affected tax jurisdictions. PRIOR TO THE APPROVAL OF  ANY
   23  APPLICATION  FOR  A PAYMENT IN LIEU OF TAXES, THE AGREEMENT SHALL OBTAIN
   24  THE APPROVAL, BY THREE-FIFTHS MAJORITY, OF ALL  AFFECTED  TAX  JURISDIC-
   25  TIONS;
   26    S 2. This act shall take effect immediately.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD05630-01-5