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SB5800 Summary:

BILL NO    S05800A

SAME AS    SAME AS A08037

SPONSOR    DEFRANCISCO

COSPNSR    

MLTSPNSR   

Amd SS2306 & 2334, Pub Auth L

Relates to financial assistance provided by the Auburn industrial development
authority.
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SB5800 Text:

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________

                                        5800--A

                              2013-2014 Regular Sessions

                                   I N  S E N A T E

                                     June 14, 2013
                                      ___________

       Introduced  by  Sen.  DeFRANCISCO -- read twice and ordered printed, and
         when printed to be committed to the Committee on Corporations, Author-
         ities and Commissions -- committee discharged, bill  amended,  ordered
         reprinted as amended and recommitted to said committee

       AN  ACT  to  amend  the public authorities law, in relation to financial
         assistance provided by the Auburn industrial development authority

         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:

    1    Section 1. The opening paragraph of section 2306 of the public author-
    2  ities  law, as amended by chapter 556 of the laws of 1973, is amended to
    3  read as follows:
    4    The purposes of the authority shall be to promote, develop,  encourage
    5  and  assist  in  the acquiring, constructing, reconstructing, improving,
    6  maintaining, equipping and furnishing industrial,  manufacturing,  ware-
    7  house,  commercial  and  research facilities and facilities for use by a
    8  federal agency or a  medical  facility  including  industrial  pollution
    9  control  facilities, which may include transportation facilities includ-
   10  ing but not limited to those relating to water, highway, rail  and  air,
   11  in  one  or more areas of the city, and thereby advance the job opportu-
   12  nities, health, general prosperity and economic welfare of the people of
   13  said city and to improve their medical  care  and  standard  of  living;
   14  provided, however, that the authority shall not undertake any project if
   15  the  completion  thereof would result in the removal of an industrial or
   16  manufacturing plant of the project occupant from one area of  the  state
   17  to  another area of the state or in abandonment of one or more plants or
   18  facilities of the project applicant located within the state,  provided,
   19  however,  that  neither  restriction  shall apply if the authority shall
   20  determine on the basis of the application before it that the project  is
   21  reasonably  necessary  to  discourage the project occupant from removing
   22  such other plant or facility to a  location  outside  the  state  or  is
   23  reasonably necessary to preserve the competitive position of the project

        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD11515-03-3
       S. 5800--A                          2

    1  occupant in its respective industry. EXCEPT AS OTHERWISE PROVIDED FOR IN
    2  THIS SECTION, NO FINANCIAL ASSISTANCE OF THE AUTHORITY SHALL BE PROVIDED
    3  IN RESPECT OF ANY PROJECT WHERE FACILITIES OR PROPERTY THAT ARE PRIMARI-
    4  LY  USED  IN  MAKING RETAIL SALES TO CUSTOMERS WHO PERSONALLY VISIT SUCH
    5  FACILITIES CONSTITUTE MORE THAN ONE-THIRD OF THE TOTAL PROJECT COST. FOR
    6  THE PURPOSES OF THIS ARTICLE, "RETAIL SALES" SHALL MEAN: (I) SALES BY  A
    7  REGISTERED  VENDOR  UNDER  ARTICLE TWENTY-EIGHT OF THE TAX LAW PRIMARILY
    8  ENGAGED IN THE RETAIL SALE OF TANGIBLE PERSONAL PROPERTY, AS DEFINED  IN
    9  SUBPARAGRAPH  (I) OF PARAGRAPH FOUR OF SUBDIVISION (B) OF SECTION ELEVEN
   10  HUNDRED ONE OF THE TAX LAW; OR (II) SALES OF A SERVICE TO  SUCH  CUSTOM-
   11  ERS.  EXCEPT,  HOWEVER,  THAT  TOURISM DESTINATION PROJECTS SHALL NOT BE
   12  PROHIBITED BY THIS PARAGRAPH. FOR THE PURPOSE OF THIS PARAGRAPH,  "TOUR-
   13  ISM  DESTINATION"  SHALL  MEAN A LOCATION OR FACILITY WHICH IS LIKELY TO
   14  ATTRACT A SIGNIFICANT NUMBER  OF  VISITORS  FROM  OUTSIDE  THE  ECONOMIC
   15  DEVELOPMENT  REGION  AS ESTABLISHED BY SECTION TWO HUNDRED THIRTY OF THE
   16  ECONOMIC DEVELOPMENT LAW, IN WHICH THE PROJECT IS LOCATED.
   17    NOTWITHSTANDING THE PROVISIONS OF THIS SECTION TO THE  CONTRARY,  SUCH
   18  FINANCIAL ASSISTANCE MAY, HOWEVER, BE PROVIDED TO A PROJECT WHERE FACIL-
   19  ITIES  OR  PROPERTY  THAT  ARE  PRIMARILY USED IN MAKING RETAIL SALES OF
   20  GOODS OR SERVICES TO CUSTOMERS WHO PERSONALLY VISIT SUCH  FACILITIES  TO
   21  OBTAIN  SUCH  GOODS  OR  SERVICES  CONSTITUTE MORE THAN ONE-THIRD OF THE
   22  TOTAL PROJECT COST, WHERE: (I) THE PREDOMINANT PURPOSE  OF  THE  PROJECT
   23  WOULD  BE  TO  MAKE AVAILABLE GOODS OR SERVICES WHICH WOULD NOT, BUT FOR
   24  THE PROJECT, BE REASONABLY ACCESSIBLE TO THE RESIDENTS OF  THE  CITY  OF
   25  AUBURN  BECAUSE  OF A LACK OF REASONABLY ACCESSIBLE RETAIL TRADE FACILI-
   26  TIES OFFERING SUCH GOODS OR SERVICES; OR (II) THE PROJECT IS LOCATED  IN
   27  A  HIGHLY DISTRESSED AREA.  WITH RESPECT TO PROJECTS AUTHORIZED PURSUANT
   28  TO THIS PARAGRAPH NO PROJECT SHALL  BE  APPROVED  UNLESS  THE  AUTHORITY
   29  SHALL  FIND  AFTER  THE  PUBLIC HEARING REQUIRED BY SECTION TWENTY-THREE
   30  HUNDRED SEVEN OF THIS TITLE THAT UNDERTAKING THE PROJECT WILL SERVE  THE
   31  PUBLIC  PURPOSES OF THIS ARTICLE BY PRESERVING PERMANENT, PRIVATE SECTOR
   32  JOBS OR INCREASING THE OVERALL NUMBER OF PERMANENT, PRIVATE SECTOR  JOBS
   33  IN  THE  STATE.    WHERE  THE  AUTHORITY  MAKES SUCH A FINDING, PRIOR TO
   34  PROVIDING FINANCIAL ASSISTANCE TO THE  PROJECT  BY  THE  AUTHORITY,  THE
   35  CHIEF EXECUTIVE OFFICER OF THE CITY OF AUBURN SHALL CONFIRM THE PROPOSED
   36  ACTION  OF THE AUTHORITY. To carry out said purpose, the authority shall
   37  have power:
   38    S 2. Section 2334 of the public authorities law, as added  by  chapter
   39  915 of the laws of 1969, is amended to read as follows:
   40    S 2334. Termination of the authority. Whenever all of the bonds issued
   41  by  the  authority  shall  have  been  redeemed  or  cancelled,  AND ALL
   42  STRAIGHT-LEASE TRANSACTIONS HAVE BEEN TERMINATED,  the  authority  shall
   43  cease  to exist and all rights, titles, and interest and all obligations
   44  and liabilities thereof vested in or possessed by  the  authority  shall
   45  thereupon vest in and be possessed by the city of Auburn.
   46    S  3.  This  act shall take effect on the thirtieth day after it shall
   47  have become a law.
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