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A07936 Summary:

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A07936 Committee Votes:

A07936 Floor Votes:

A07936 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          7936
 
                               2015-2016 Regular Sessions
 
                   IN ASSEMBLY
 
                                      June 1, 2015
                                       ___________
 
        Introduced  by M. of A. FARRELL -- read once and referred to the Commit-
          tee on Ways and Means
 
        AN ACT to amend the real property tax law and the administrative code of
          the city of New York, in relation to tax abatement for certain  indus-
          trial  and  commercial  properties  in a city with a population of one
          million or more
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  Subdivision  1 of section 489-gggggg of the real property
     2  tax law, as added by chapter 119 of the laws of 2008, is amended to read
     3  as follows:
     4    1. Commission members. Any city  enacting  a  local  law  pursuant  to
     5  section  four hundred eighty-nine-bbbbbb of this title shall establish a
     6  temporary commercial incentive area boundary commission  to  consist  of
     7  [the  deputy mayor for economic development and planning] a deputy mayor
     8  designated by the mayor, the commissioner of finance, the chair  of  the
     9  city  planning  commission,  the  director of management and budget, the
    10  borough presidents, the speaker of the city council and a public  member
    11  appointed  by  the  mayor  to serve at the mayor's pleasure. Each member
    12  except the public member shall have the power to designate an  alternate
    13  to  represent  him  or  her  at  commission meetings to exercise all the
    14  rights and powers of such member, including the right to vote,  provided
    15  that such designation be made in writing to the chair of the commission.
    16  The  deputy  mayor [for economic development and planning] designated by
    17  the mayor shall serve as commission chair. Each borough president  shall
    18  be  entitled  to vote only on the designation of areas within his or her
    19  borough. Commission members who shall be officers or employees  of  such
    20  city  shall  serve  without  compensation  but  shall  be reimbursed for
    21  expenses necessarily incurred in the performance of  their  duties.  Any
    22  other  commission member shall receive as exclusive compensation for his
    23  or her services one hundred dollars  per  diem,  or  another  reasonable
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10779-01-5
        A. 7936                             2
 
     1  amount  as  determined by the deputy mayor [for economic development and
     2  planning] designated by the mayor, provided,  however,  that  the  total
     3  compensation  paid  to  any  such member shall not exceed twelve hundred
     4  dollars  for  any calendar year, or another reasonable amount determined
     5  by the deputy mayor [for economic development and  planning]  designated
     6  by  the mayor. A majority of members of such commission entitled to vote
     7  on a matter shall constitute a quorum for such issue. Decisions shall be
     8  made by majority vote of those present entitled to  vote  on  a  matter.
     9  Notwithstanding any other law to the contrary, no officer or employee of
    10  the  state  or any of its subdivisions or any public benefit corporation
    11  shall be deemed to have forfeited his or her office or employment or any
    12  benefits provided under the retirement and social security law or  under
    13  any  public  retirement  system  maintained  by  the state or any of its
    14  subdivisions by reason of accepting membership on such commission.
    15    § 2. Paragraphs (a) and (f) of subdivision 2 of section 489-gggggg  of
    16  the  real property tax law, as added by chapter 119 of the laws of 2008,
    17  are amended to read as follows:
    18    (a) The commission shall meet in two thousand  nine  or  two  thousand
    19  fifteen  and  at least once every five years thereafter to determine the
    20  boundaries of special commercial abatement areas which it is authorized,
    21  but not required, to designate  pursuant  to  this  section.  The  areas
    22  designated by the commission established pursuant to title two-D of this
    23  article  in effect as of June thirtieth, two thousand eight shall remain
    24  in effect until the first taxable status date after the  local  legisla-
    25  tive  body  approves a new designation pursuant to paragraph (d) of this
    26  subdivision or, if the local legislative body does  not  approve  a  new
    27  designation  before  January  first,  two  thousand  sixteen,  then, for
    28  purposes of applications for special commercial abatement area benefits,
    29  the areas designated by the commission  established  pursuant  to  title
    30  two-D of this article in effect as of June thirtieth, two thousand eight
    31  shall  remain  in  effect  until  December  thirty-first,  two  thousand
    32  fifteen.
    33    (f) If the commission fails to meet [for more than five years] in  two
    34  thousand  fifteen, all new applications for special commercial abatement
    35  area benefits postmarked after [the fifth  anniversary  of  the  commis-
    36  sion's  last  meeting] December thirty-first, two thousand fifteen shall
    37  be deemed applications for regular area benefits.
    38    § 3. Subdivision a of section 11-274 of the administrative code of the
    39  city of New York, as added by local law number 47 of  the  city  of  New
    40  York for the year 2008, is amended to read as follows:
    41    a. Commission members. There shall be a temporary commercial incentive
    42  area  boundary  commission  to consist of [the deputy mayor for economic
    43  development and planning] a deputy mayor designated by  the  mayor,  the
    44  commissioner  of finance, the chair of the city planning commission, the
    45  director of management and budget, the borough presidents,  the  speaker
    46  of  the city council and a public member appointed by the mayor to serve
    47  at the mayor's pleasure. Each member except the public member shall have
    48  the power to designate an alternate to represent him or her  at  commis-
    49  sion  meetings  to  exercise  all  the rights and powers of such member,
    50  including the right to vote, provided that such designation be  made  in
    51  writing  to the chair of the commission.  The deputy mayor [for economic
    52  development and planning] designated by the mayor shall serve as commis-
    53  sion chair. Each borough president shall be entitled to vote only on the
    54  designation of areas within his or her borough. Commission  members  who
    55  shall  be officers or employees of such city shall serve without compen-
    56  sation but shall be reimbursed for expenses necessarily incurred in  the
        A. 7936                             3
 
     1  performance  of  their duties. Any other commission member shall receive
     2  as exclusive compensation for his or her services  one  hundred  dollars
     3  per diem, or another reasonable amount as determined by the deputy mayor
     4  [for  economic  development  and  planning]  designated  by  the  mayor,
     5  provided, however, that the total compensation paid to any  such  member
     6  shall not exceed twelve hundred dollars for any calendar year, or anoth-
     7  er reasonable amount determined by the deputy mayor [for economic devel-
     8  opment  and planning] designated by the mayor.  A majority of members of
     9  such commission entitled to vote on a matter shall constitute  a  quorum
    10  for such issue.  Decisions shall be made by majority vote of those pres-
    11  ent  entitled  to vote on a matter. Notwithstanding any other law to the
    12  contrary, no officer or employee of the state or any of its subdivisions
    13  or any public benefit corporation shall be deemed to have forfeited  his
    14  or  her  office or employment or any benefits provided under the retire-
    15  ment and social security law or under any public retirement system main-
    16  tained by the state or any of its subdivisions by  reason  of  accepting
    17  membership on such commission.
    18    §  4.  Paragraphs  1  and  6 of subdivision b of section 11-274 of the
    19  administrative code of the city of New   York, as  added  by  local  law
    20  number 47 of the city of New York for the year 2008, are amended to read
    21  as follows:
    22    (1)  The  commission  shall  meet in two thousand nine or two thousand
    23  fifteen and at least once every five years thereafter to  determine  the
    24  boundaries of special commercial abatement areas which it is authorized,
    25  but  not  required,  to  designate  pursuant  to this section. The areas
    26  designated by the commission established  pursuant  to  title  two-D  of
    27  article  four  of the real property tax law in effect as of June thirti-
    28  eth, two thousand eight shall remain in effect until the  first  taxable
    29  status  date  after the city council approves a new designation pursuant
    30  to paragraph (4) of this subdivision or, if the local  legislative  body
    31  does  not  approve  a new designation before January first, two thousand
    32  sixteen, then, for  purposes  of  applications  for  special  commercial
    33  abatement  area  benefits, the areas designated by the commission estab-
    34  lished pursuant to title two-D of article four of the real property  tax
    35  law  in  effect as of June thirtieth, two thousand eight shall remain in
    36  effect until December thirty-first, two thousand fifteen.
    37    (6) If the commission fails to meet [for more than five years] in  two
    38  thousand  fifteen, all new applications for special commercial abatement
    39  area benefits postmarked after [the fifth  anniversary  of  the  commis-
    40  sion's  last  meeting] December thirty-first, two thousand fifteen shall
    41  be deemed applications for regular area benefits.
    42    § 5. This act shall take effect immediately.