S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        6460--C
                              2009-2010 Regular Sessions
                                 I N  A S S E M B L Y
                                     March 4, 2009
                                      ___________
       Introduced  by M. of A. PERALTA -- read once and referred to the Commit-
         tee on Real Property Taxation -- committee discharged,  bill  amended,
         ordered  reprinted  as  amended  and  recommitted to said committee --
         again reported from said committee with amendments, ordered  reprinted
         as  amended  and  recommitted  to said committee -- recommitted to the
         Committee on Real Property Taxation in accordance with  Assembly  Rule
         3,  sec. 2 -- committee discharged, bill amended, ordered reprinted as
         amended and recommitted to said committee
       AN ACT to amend the real property tax law, in  relation  to  authorizing
         the  local  legislative  body  of  a  city  having a population of one
         million or more the authority to grant an exemption for real  property
         used for professional major league sports
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Section 429 of the real property tax law, as added by chap-
    2  ter 459 of the laws of 1982, is amended to read as follows:
    3    S 429. Real property used for professional major league  sports.  Real
    4  property  within a city having a population of one million or more, used
    5  by both a professional major league hockey team which is a member of the
    6  National Hockey League and a professional major league  basketball  team
    7  which  is  a member of the National Basketball Association to play their
    8  home games [shall] MAY be exempt from taxation to the extent said  taxes
    9  are the obligation by lease or otherwise of the owners of franchises for
   10  such  teams,  provided  THAT  THE LEGISLATIVE BODY OF SUCH CITY ADOPTS A
   11  LOCAL LAW PROVIDING FOR SUCH EXEMPTION AND that such owners enter into a
   12  written agreement with the chief executive officer of  the  municipality
   13  in  which  such property is located to play their home games within such
   14  municipality for a period of at least ten  consecutive  years.  The  tax
   15  exemption  provided herein shall be granted to real property being used,
   16  in whole or in part, for the aforesaid purposes on the date such  agree-
   17  ment  is  executed and shall apply to taxes which become due and payable
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD09975-06-0
       A. 6460--C                          2
    1  after the aforestated agreement is  executed  and  shall  continue  with
    2  respect  to  such property as long as both of said teams play their home
    3  games therein and no longer. Such exemption shall not apply with respect
    4  to  any  improvement to such property made after the date such agreement
    5  is executed which improvement is not used for the provision  of  facili-
    6  ties   or   services  related  to  sports,  entertainment,  expositions,
    7  conventions or trade shows. If one or both of said teams shall cease  to
    8  play  their  home  games in said property at any time, the tax exemption
    9  provided herein shall cease immediately and such  property  shall  imme-
   10  diately  be  restored  to  the tax rolls and thereupon become subject to
   11  taxation and shall be taxed pro rata for the unexpired  portion  of  the
   12  taxable year.
   13    S  2.  This  act shall take effect on the thirtieth day after it shall
   14  have become a law.