STATE OF NEW YORK
________________________________________________________________________
S. 5137 A. 7386
2011-2012 Regular Sessions
SENATE - ASSEMBLY
May 3, 2011
___________
IN SENATE -- Introduced by Sen. O'MARA -- 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. MORELLE -- read once and referred
to the Committee on Local Governments
AN ACT to amend the general municipal law, in relation to industrial
development agency's financing of automobile racing facilities
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The second undesignated paragraph of section 852 of the
2 general municipal law, as amended by chapter 541 of the laws of 1982, is
3 amended to read as follows:
4 It is hereby further declared to be the policy of this state to
5 protect and promote the health of the inhabitants of this state by the
6 conservation, protection and improvement of the natural and cultural or
7 historic resources and environment and to control land, sewer, water,
8 air, noise or general environmental pollution derived from the operation
9 of industrial, manufacturing, warehousing, commercial, recreation, horse
10 racing facilities, railroad facilities, automobile racing facilities and
11 research facilities and to grant such industrial development agencies
12 the rights and powers provided by this article with respect to indus-
13 trial pollution control facilities.
14 § 2. Subdivision 4 of section 854 of the general municipal law, as
15 amended by chapter 541 of the laws of 1982, is amended to read as
16 follows:
17 (4) "Project" - shall mean any land, any building or other improve-
18 ment, and all real and personal properties located within the state of
19 New York and within or outside or partially within and partially outside
20 the municipality for whose benefit the agency was created, including,
21 but not limited to, machinery, equipment and other facilities deemed
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD10988-01-1
S. 5137 2 A. 7386
1 necessary or desirable in connection therewith, or incidental thereto,
2 whether or not now in existence or under construction, which shall be
3 suitable for manufacturing, warehousing, research, commercial or indus-
4 trial purposes or other economically sound purposes identified and
5 called for to implement a state designated urban cultural park manage-
6 ment plan as provided in title G of the parks, recreation and historic
7 preservation law and which may include or mean an industrial pollution
8 control facility, a recreation facility, educational or cultural facili-
9 ty, a horse racing facility [or], a railroad facility or an automobile
10 racing facility, provided, however, no agency shall use its funds in
11 respect of any project wholly or partially outside the municipality for
12 whose benefit the agency was created without the prior consent thereto
13 by the governing body or bodies of all the other municipalities in which
14 a part or parts of the project is, or is to be, located.
15 § 3. Section 854 of the general municipal law is amended by adding a
16 new subdivision 20 to read as follows:
17 (20) "Automobile racing facility" shall mean any closed-course motors-
18 ports complex and its ancillary grounds that has at least fifty thousand
19 fixed seats for race patrons and hosts at least one NASCAR Sprint Cup
20 series race and at least two other nationally recognized racing events
21 each calendar year.
22 § 4. The opening paragraph of section 858 of the general municipal
23 law, as amended by chapter 659 of the laws of 1997, is amended to read
24 as follows:
25 The purposes of the agency shall be to promote, develop, encourage and
26 assist in the acquiring, constructing, reconstructing, improving, main-
27 taining, equipping and furnishing industrial, manufacturing, warehous-
28 ing, commercial, research and recreation facilities including industrial
29 pollution control facilities, educational or cultural facilities, rail-
30 road facilities, horse racing facilities, automobile racing facilities
31 and continuing care retirement communities, provided, however, that, of
32 agencies governed by this article, only agencies created for the benefit
33 of a county and the agency created for the benefit of the city of New
34 York shall be authorized to provide financial assistance in any respect
35 to a continuing care retirement community, and thereby advance the job
36 opportunities, health, general prosperity and economic welfare of the
37 people of the state of New York and to improve their recreation opportu-
38 nities, prosperity and standard of living; and to carry out the afore-
39 said purposes, each agency shall have the following powers:
40 § 5. This act shall take effect immediately.
