- Summary
- Actions
- Committee Votes
- Floor Votes
- Memo
- Text
- LFIN
- Chamber Video/Transcript
S06219 Summary:
BILL NO | S06219A |
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SAME AS | SAME AS A08082 |
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SPONSOR | BENJAMIN |
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COSPNSR | BIAGGI, HARCKHAM, HOYLMAN, KAPLAN, METZGER, MYRIE, SALAZAR, SKOUFIS, STAVISKY |
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MLTSPNSR | |
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Amd §467-a, RPT L | |
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Relates to wages and supplements for building service employees employed at certain properties held in the cooperative or condominium form of ownership receiving a tax abatement, affidavits certifying the payment of prevailing wages to building service workers are made public record and may be produced before a court or administrative tribunal. |
S06219 Actions:
BILL NO | S06219A | |||||||||||||||||||||||||||||||||||||||||||||||||
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05/23/2019 | REFERRED TO LOCAL GOVERNMENT | |||||||||||||||||||||||||||||||||||||||||||||||||
06/03/2019 | AMEND (T) AND RECOMMIT TO LOCAL GOVERNMENT | |||||||||||||||||||||||||||||||||||||||||||||||||
06/03/2019 | PRINT NUMBER 6219A | |||||||||||||||||||||||||||||||||||||||||||||||||
06/19/2019 | ORDERED TO THIRD READING CAL.1788 | |||||||||||||||||||||||||||||||||||||||||||||||||
06/20/2019 | PASSED SENATE | |||||||||||||||||||||||||||||||||||||||||||||||||
06/20/2019 | DELIVERED TO ASSEMBLY | |||||||||||||||||||||||||||||||||||||||||||||||||
06/20/2019 | referred to ways and means | |||||||||||||||||||||||||||||||||||||||||||||||||
06/20/2019 | substituted for a8082 | |||||||||||||||||||||||||||||||||||||||||||||||||
06/20/2019 | ordered to third reading rules cal.609 | |||||||||||||||||||||||||||||||||||||||||||||||||
06/20/2019 | passed assembly | |||||||||||||||||||||||||||||||||||||||||||||||||
06/20/2019 | returned to senate | |||||||||||||||||||||||||||||||||||||||||||||||||
12/30/2019 | DELIVERED TO GOVERNOR | |||||||||||||||||||||||||||||||||||||||||||||||||
02/08/2020 | POCKET VETO - VETO.295 |
S06219 Committee Votes:
Go to topS06219 Floor Votes:
Yes
Abbate
Yes
Crespo
ER
Gantt
Yes
LiPetri
Yes
Perry
Yes
Simon
Yes
Abinanti
No
Crouch
No
Garbarino
Yes
Lupardo
Yes
Pheffer Amato
Yes
Simotas
Yes
Arroyo
Yes
Cruz
Yes
Giglio
Yes
Magnarelli
Yes
Pichardo
Yes
Smith
No
Ashby
Yes
Cusick
Yes
Glick
No
Malliotakis
Yes
Pretlow
No
Smullen
Yes
Aubry
Yes
Cymbrowitz
No
Goodell
No
Manktelow
Yes
Quart
Yes
Solages
Yes
Barclay
Yes
Davila
Yes
Gottfried
Yes
McDonald
Yes
Ra
Yes
Stec
Yes
Barnwell
Yes
De La Rosa
Yes
Griffin
ER
McDonough
Yes
Raia
Yes
Steck
Yes
Barrett
Yes
DenDekker
Yes
Gunther
Yes
McMahon
Yes
Ramos
Yes
Stern
Yes
Barron
Yes
DeStefano
No
Hawley
Yes
Mikulin
ER
Raynor
Yes
Stirpe
Yes
Benedetto
Yes
Dickens
Yes
Hevesi
No
Miller B
Yes
Reilly
No
Tague
Yes
Bichotte
Yes
Dilan
Yes
Hunter
Yes
Miller MG
Yes
Reyes
Yes
Taylor
Yes
Blake
Yes
Dinowitz
Yes
Hyndman
Yes
Miller ML
Yes
Richardson
Yes
Thiele
No
Blankenbush
No
DiPietro
Yes
Jacobson
No
Montesano
Yes
Rivera
ER
Titus
No
Brabenec
Yes
D'Urso
Yes
Jaffee
Yes
Morinello
Yes
Rodriguez
Yes
Vanel
Yes
Braunstein
No
Eichenstein
Yes
Jean-Pierre
Yes
Mosley
Yes
Romeo
Yes
Walczyk
Yes
Bronson
Yes
Englebright
Yes
Johns
Yes
Niou
Yes
Rosenthal D
Yes
Walker
Yes
Buchwald
Yes
Epstein
Yes
Jones
Yes
Nolan
Yes
Rosenthal L
Yes
Wallace
Yes
Burke
Yes
Fahy
Yes
Joyner
Yes
Norris
Yes
Rozic
No
Walsh
No
Buttenschon
Yes
Fall
Yes
Kim
Yes
O'Donnell
Yes
Ryan
Yes
Weinstein
Yes
Byrne
Yes
Fernandez
No
Kolb
Yes
Ortiz
Yes
Salka
Yes
Weprin
Yes
Byrnes
Yes
Finch
No
Lalor
Yes
Otis
No
Santabarbara
Yes
Williams
Yes
Cahill
No
Fitzpatrick
Yes
Lavine
No
Palmesano
ER
Sayegh
Yes
Woerner
Yes
Carroll
No
Friend
No
Lawrence
Yes
Palumbo
No
Schimminger
Yes
Wright
Yes
Colton
Yes
Frontus
Yes
Lentol
Yes
Paulin
Yes
Schmitt
Yes
Zebrowski
Yes
Cook
Yes
Galef
Yes
Lifton
ER
Peoples-Stokes
Yes
Seawright
Yes
Mr. Speaker
‡ Indicates voting via videoconference
S06219 Text:
Go to top STATE OF NEW YORK ________________________________________________________________________ 6219--A 2019-2020 Regular Sessions IN SENATE May 23, 2019 ___________ Introduced by Sens. BENJAMIN, BIAGGI, SALAZAR -- read twice and ordered printed, and when printed to be committed to the Committee on Local Government -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the real property tax law, in relation to wages and supplements for building service employees employed at certain proper- ties held in the cooperative or condominium form of ownership receiv- ing a tax abatement 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 467-a of the real property tax law 2 is amended by adding three new paragraphs (i), (j) and (k) to read as 3 follows: 4 (i) "Prevailing wage" means the rate of wages and supplemental bene- 5 fits paid in the locality to workers in the same trade or occupation and 6 annually determined by the comptroller in accordance with the provisions 7 of section two hundred thirty-four of the labor law. 8 (j) "Qualified property" means (i) a property with an average unit 9 assessed value of less than or equal to sixty thousand dollars; or (ii) 10 a property with respect to which an applicant has submitted an affidavit 11 certifying that all building service employees employed or to be 12 employed at the property shall receive the applicable prevailing wage 13 for the duration of such property's tax abatement. 14 (k) "Building service employee" means any person who is regularly 15 employed at a building who performs work in connection with the care or 16 maintenance of such building. "Building service employee" includes, but 17 is not limited to, watchman, guard, doorman, building cleaner, porter, 18 handyman, janitor, gardener, groundskeeper, elevator operator and start- 19 er, and window cleaner, but shall not include persons regularly sched- 20 uled to work fewer than eight hours per week in the building. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD11995-02-9S. 6219--A 2 1 § 2. Paragraphs (f) and (g) of subdivision 2 of section 467-a of the 2 real property tax law, paragraph (f) as amended by chapter 97 of the 3 laws of 2013, paragraph (g) as added by chapter 273 of the laws of 1996, 4 are amended and a new paragraph (i) is added to read as follows: 5 (f) For purposes of this subdivision, a qualified property shall be 6 deemed not to be receiving complete or partial real property tax 7 exemption or tax abatement if the qualified property is, or certain 8 dwelling units therein are, receiving benefits pursuant to section four 9 hundred, four hundred two, four hundred four, four hundred six, four 10 hundred eight, four hundred ten, four hundred ten-a, four hundred 11 twelve, four hundred twelve-a, four hundred sixteen, four hundred eigh- 12 teen, four hundred twenty-a, four hundred twenty-b, four hundred twen- 13 ty-five, four hundred thirty-six, four hundred fifty-eight, four hundred 14 fifty-eight-a, four hundred fifty-nine-c, four hundred sixty-two, four 15 hundred sixty-seven, four hundred sixty-seven-b, four hundred ninety- 16 nine-bbb, or four hundred ninety-nine-bbbb of this article, or if the 17 qualified property is receiving a tax abatement but not a tax exemption 18 pursuant to section four hundred eighty-nine of this article. 19 (g) If the billable assessed value of a qualified property is reduced 20 after the assessment roll becomes final, any abatement already granted 21 pursuant to this section shall be adjusted accordingly. The difference 22 between the original abatement and the adjusted abatement shall be 23 deducted from any credit otherwise due. 24 (i) Notwithstanding any other provision of this section, beginning in 25 the fiscal year commencing in calendar year two thousand twenty no 26 dwelling unit in a property other than a qualified property shall be 27 eligible to receive a tax abatement under this section. 28 § 3. Paragraph (d) of subdivision 3 of section 467-a of the real prop- 29 erty tax law, as added by chapter 273 of the laws of 1996, is amended to 30 read as follows: 31 (d) The commissioner of finance shall determine the form of the appli- 32 cation and the information which it shall contain. The information 33 contained in the application shall be provided with respect to the qual- 34 ified property as of the taxable status date for the fiscal year to 35 which the application relates. Such information shall include, but need 36 not be limited to: 37 (i) physical data, such as a description of the qualified property, 38 stating the number of stories, the number of dwelling and non-dwelling 39 units, unit designations with their locations, approximate area of each 40 unit, number of rooms in each unit, common interest of or number of 41 shares allocated to each unit, and the total number of shares in a coop- 42 erative apartment corporation; 43 (ii) the names and social security or tax identification numbers of 44 owners of all units; 45 (iii) the names and social security or tax identification numbers of 46 sponsors owning units; and 47 (iv) the name and address of the person designated by the board of 48 directors or board of managers for receipt of notices issued pursuant to 49 this section. 50 § 4. Subdivisions 4, 7 and 8 of section 467-a of the real property tax 51 law, subdivision 4 as amended by chapter 453 of the laws of 2011, subdi- 52 vision 7 as amended by chapter 4 of the laws of 2013 and subdivision 8 53 as separately amended by sections 11 and 19 of chapter 4 of the laws of 54 2013, are amended to read as follows: 55 4. Except in accordance with proper judicial order or as otherwise 56 provided by law, neither the commissioner of finance, nor any officer orS. 6219--A 3 1 employee of a department of finance of a city having a population of one 2 million or more, nor any person who, pursuant to this subdivision, is 3 authorized to inspect the application or statements in connection there- 4 with required by this section, shall disclose or make known the contents 5 of any such application or statements. Except as provided in this subdi- 6 vision, the officers charged with the custody of any such application or 7 statements shall not be required to produce them in any action or 8 proceeding in any court or before any administrative tribunal, but any 9 such application or statements may be produced on behalf of the depart- 10 ment of finance. An affidavit certifying that all building service 11 employees employed or to be employed at the qualified property shall 12 receive the applicable prevailing wage may be produced in any action or 13 proceeding in any court or before any administrative tribunal. Such 14 affidavit shall be considered a public record. Nothing in this subdivi- 15 sion shall be construed to prohibit delivery to an owner of a dwelling 16 unit of a qualified property situated in a city having a population of 17 one million or more of a copy of any application or statements pertain- 18 ing to such dwelling unit, upon request and with personally identifying 19 information redacted. Nothing in this subdivision shall be construed to 20 prohibit the delivery of a certified copy of any such application or 21 statements to the United States of America or any department thereof, 22 the state of New York or any department thereof, or a city having a 23 population of one million or more or any department thereof, provided 24 any such application or statements are required for official business; 25 nor to prohibit the inspection for official business of any such appli- 26 cation or statements by the tax commission of a city having a population 27 of one million or more, or by the corporation counsel or other legal 28 representative of a city having a population of one million or more, or 29 by any person engaged or retained by the department of finance on an 30 independent contract basis; nor to prohibit the publication of statis- 31 tics so classified as to prevent the identification of any particular 32 application or statements. The foregoing provisions of this subdivision 33 prohibiting disclosure of the contents of applications or statements 34 shall not apply to physical data relating to the qualified property 35 described therein. 36 7. The commissioner of finance shall be authorized to promulgate rules 37 necessary to effectuate the purposes of this section. Notwithstanding 38 any other provision of law to the contrary, such rules may include, but 39 need not be limited to, denial, termination or revocation of any abate- 40 ment pursuant to this section if building service workers are not paid 41 the prevailing wage or if any dwelling unit in a qualified property held 42 in the condominium form of ownership or a qualified property held in the 43 cooperative form of ownership has real property taxes, water and sewer 44 charges, payments in lieu of taxes or other municipal charges due and 45 owing, unless such real property taxes, water and sewer charges, 46 payments in lieu of taxes or other municipal charges are currently being 47 paid in timely installments pursuant to a written agreement with the 48 department of finance or other appropriate agency. 49 8. Except to the extent that the owner of a dwelling unit of a quali- 50 fied property situated in a city having a population of one million or 51 more may request a redacted copy of any application or statements 52 pertaining to such dwelling unit, as provided in subdivision four of 53 this section, the information contained in applications or statements in 54 connection therewith filed with the commissioner of finance pursuant to 55 subdivision three, three-a, three-b, three-c, three-d or three-e of thisS. 6219--A 4 1 section shall not be subject to disclosure under article six of the 2 public officers law. 3 § 5. This act shall take effect immediately.