Bill Text: NY S07679 | 2013-2014 | General Assembly | Introduced

New York Senate Bill 7679 (Prior Session Legislation)

Introduced

Bill Title: Makes certain findings and determinations with respect to certain payments to the Hampton Bays Public Library from the Town of Southampton, county of Suffolk, from its community preservation fund in relation to the limit upon real property tax levies by local governments.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2014-06-20 - RECOMMITTED TO RULES [S07679 Detail]

Download: New_York-2013-S07679-Introduced.html

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
           S. 7679                                                  A. 9909
                             S E N A T E - A S S E M B L Y
                                     May 28, 2014
                                      ___________
       IN SENATE -- Introduced by Sen. LAVALLE -- read twice and ordered print-
         ed, and when printed to be committed to the Committee on Local Govern-
         ment
       IN  ASSEMBLY  -- Introduced by M. of A. THIELE -- read once and referred
         to the Committee on Libraries and Education Technology
       AN ACT making  certain  findings  and  determinations  with  respect  to
         certain  payments  to the Hampton Bays Public Library from the Town of
         Southampton, county of Suffolk, from its community  preservation  fund
         in  relation  to  the  limit  upon  real  property tax levies by local
         governments
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1. Legislative findings. The Hampton Bays public library is a
    2  free association library organized pursuant to the laws of the state  of
    3  New  York.  Revenues for the library are raised by a property tax levied
    4  upon the residents of the Hampton Bays union free  school  district.  As
    5  such  the  Hampton  Bays public library is considered a local government
    6  pursuant to section 3-c of the  general  municipal  law,  limiting  real
    7  property tax levies by local governments. Further, pursuant to section 2
    8  of  chapter  330 of the laws of 2011, the Hampton Bays public library is
    9  also eligible for payments from  the  town  of  Southampton,  county  of
   10  Suffolk,  from  its community preservation fund.  Such payments are made
   11  to mitigate the impact of lost property tax revenues from  lands  wholly
   12  exempt  from  taxation  as a result of their acquisition by the federal,
   13  state or local government for the preservation of community character as
   14  defined in subdivision 4 of section 64-e of the town law.  Such payments
   15  are considered to be payments in lieu of taxes pursuant to  section  3-c
   16  of  the  general  municipal  law.  Such  payments in lieu of taxes are a
   17  factor in the calculation of the tax levy limit pursuant to said law.
   18    In 2014, the Hampton Bays public library was  entitled  to  a  payment
   19  from the town of Southampton pursuant to section 2 of chapter 330 of the
   20  laws of 2011 in the amount of $36,281. However, due to an administrative
   21  error,  said  payment was not made in 2014. The town of Southampton will
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD15385-01-4
       S. 7679                             2                            A. 9909
    1  be making both the 2014 payment and the 2015 payment to the Hampton Bays
    2  public library as part of the town budget for 2015.
    3    Without state legislation, the 2014 payment and 2015 payment will both
    4  be  attributed  to  2015, the coming fiscal year, as part of the Hampton
    5  Bays public library's calculation of its tax levy  limit  for  the  2015
    6  library  budget.  The impact will be to set an artificially low tax levy
    7  limit for the Hampton Bays public library for 2015. Specifically,  with-
    8  out  state  legislation,  the Hampton Bays public library will require a
    9  sixty percent supermajority for library budget adoption because the  tax
   10  levy  limit will be exceeded. The tax levy limit will be exceeded solely
   11  because of the 2014 payment being made in 2015. It will also make  resi-
   12  dents  of  the  Hampton Bays union free school district ineligible for a
   13  tax rebate from the state of New York with regard to any increase in the
   14  library tax levy.
   15    It is the intent of this  act  to  permit  the  Hampton  Bays  library
   16  district  to  include the payment in the amount of $36,281 for 2014 from
   17  the town of Southampton, as a payment in lieu of taxes as a payment  for
   18  the  prior fiscal year and not the coming fiscal year in the calculation
   19  of its tax levy limit for 2015.
   20    S 2. Notwithstanding any provision of law to the contrary, the payment
   21  in the amount of $36,281 for the year 2014 from the town of Southampton,
   22  county of Suffolk, from its community preservation fund to mitigate  the
   23  impact of lost property tax revenues from lands wholly exempt from taxa-
   24  tion  as  a  result  of their acquisition by the federal, state or local
   25  government for the preservation of community  character  as  defined  in
   26  subdivision  4  of  section  64-e  of the town law shall be added to the
   27  prior fiscal year and not subtracted for the coming fiscal year for  the
   28  purposes of calculating its tax levy limit for the year 2015.
   29    S 3. This act shall take effect immediately.