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S04909 Summary:

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S04909 Committee Votes:

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S04909 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         4909--B
            Cal. No. 247
 
                               2015-2016 Regular Sessions
 
                    IN SENATE
 
                                     April 23, 2015
                                       ___________
 
        Introduced  by Sens. CROCI, BOYLE -- read twice and ordered printed, and
          when printed to be committed to the Committee on Corporations, Author-
          ities and Commissions -- recommitted to the Committee on Corporations,
          Authorities and Commissions in accordance with Senate Rule 6,  sec.  8
          -- reported favorably from said committee, ordered to first and second
          report,  ordered  to  a  third reading, amended and ordered reprinted,
          retaining its place in the order of third reading -- again amended and
          ordered reprinted, retaining its place in the order of third reading
 
        AN ACT to amend the public authorities  law,in  relation  to  method  of
          collection of charges by the Suffolk county water authority
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. The public authorities law  is  amended  by  adding  a  new
     2  section 1078-f to read as follows:
     3    §  1078-f. Charges by authority; method of collection. All rates, fees
     4  and other charges for the use  or  availability  of  the  facilities  or
     5  services  or commodities provided or made available by the authority and
     6  billed directly by the authority to the user or service recipient pursu-
     7  ant to a classification of person adopted by  the  authority  as  herein
     8  provided  shall  be  a  lien  upon  the  real property upon which, or in
     9  connection with which, services are provided or are made  available,  as
    10  and  from  the  first  date  fixed for a payment of such rates, fees and
    11  other charges. Any such lien shall take precedence over all other liens,
    12  or encumbrances, except taxes or assessments. The chief financial  offi-
    13  cer of the authority shall prepare and transmit to the receiver of taxes
    14  and  assessments, on or before the first day of November in each year, a
    15  list of those properties using such facilities or for which such facili-
    16  ties, services or commodities were provided or made available  and  from
    17  which  the payment of rates, fees and other charges are in arrears for a
    18  period of ninety days or more after the last day fixed  for  payment  of
    19  such  rates,  fees  and  other  charges  without penalty. The list shall
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10191-06-6
        S. 4909--B                          2
 
     1  contain a brief description of such properties, the names of the persons
     2  or corporations liable to pay for the same, and the amount chargeable to
     3  each, including penalties  and  interest,  as  applicable,  computed  to
     4  December  thirty-first  of  that year. The receiver of taxes and assess-
     5  ments shall levy such sums against the properties liable and shall state
     6  the amount thereof in a separate column in the annual tax rolls  of  the
     7  county  under the heading "water charge." Such amounts, excluding penal-
     8  ties and interest imposed by the county when  collected  by  the  county
     9  collector  or receivers of taxes, shall be paid over to the chief finan-
    10  cial officer of the authority. County  imposed  penalties  and  interest
    11  shall  be  retained  by  the county collector or receiver of taxes which
    12  shall become a part of the general funds  of  the  county.  All  of  the
    13  provisions  of  the  tax  law  of  the  state  governing enforcement and
    14  collection of unpaid taxes or assessments for special  improvements  not
    15  inconsistent  herewith  shall  apply  to  the  collection of such unpaid
    16  rates, rentals, fees and other charges.
    17    § 2. This act shall take effect immediately.