Actions

Meetings

Local Government: Jun 6, 2011

Calendars

Active List: Jun 15, 2011 , Floor Calendar: Jun 7, 2011 , Floor Calendar: Jun 13, 2011 , Floor Calendar: Jun 14, 2011 , Floor Calendar: Jun 15, 2011

Votes

Memo

BILL NUMBER:S5137

TITLE OF BILL: An act to amend the general municipal law, in relation to industrial development agency's financing of automobile racing facilities

PURPOSE: To allow Industrial Development Agencies to finance automobile racing facilities.

SUMMARY OF PROVISIONS: º 1 Amends section 852 of the general municipal law, as amended by chapter 541 to declare that it is the policy of NYS to protect and promote its inhabitants by the conservation, protection and improvement of the natural, cultural, historic and environmental resources and to control all forms of pollution generated by operation of industrial, manufacturing, warehousing, commercial, recreation, horse racing facilities, railroad facilities, automobile racing facilities and research facilities and grant development agencies the rights and powers to industrial pollution control facilities.

º2 Subdivision 4 of section 854 of the general municipal law is amended to define "Project" as any land, building or other improvement, and all real and personal properties located within the State of New York and within or outside or partially within and partially outside the municipality for whose benefit the agency was created. No agency shall use its funds in respect of any project wholly or partially outside the municipality for whose benefit the agency was created without the prior consent by the governing body or bodies of all the other municipalities in which a part or parts of the project are to be located.

º3 Section 854 of the general municipal law is amended by adding a new subdivision 20 to define an "automobile racing facility" as any closed-course motorsports complex and its ancillary grounds that has at least fifty thousand fixed seats for race patrons and hosts at least one NASCAR Sprint Cup series race and at least two other nationally recognized racing events each calendar year.

º4 The opening paragraph of section 858 of the general municipal law, is amended to cite, the purpose of the agency shall be to promote, develop, encourage and assist in the acquiring, constructing, reconstructing, improving, maintaining, equipping and furnishing industrial, manufacturing, warehousing, commercial, research and recreational facilities.

JUSTIFICATION: Currently, General Municipal Law does not allow Automobile Racing Facilities to be eligible for financing through Industrial

Development Agencies. While Industrial Development Agencies in New York State are created to promote the economic welfare, recreation opportunities and prosperity of the inhabitants of a municipality or county, it is the IDA's function to actively attract and encourage development. By allowing IDA's to finance automobile racing facilities, this legislation would greatly enhance tourism to the area, foster economic growth, and support job creation which would greatly benefit New York State and its citizens during this time of economic trial.

LEGISLATIVE HISTORY: New Bill.

FISCAL IMPLICATIONS: None to the state.

EFFECTIVE DATE: Immediately.

Text

STATE OF NEW YORK
________________________________________________________________________

S. 5137                                                  A. 7386

2011-2012 Regular Sessions

S E N A T E - A S S E M B L Y

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:

  Section  1.  The  second  undesignated paragraph of section 852 of the
general municipal law, as amended by chapter 541 of the laws of 1982, is
amended to read as follows:
  It is hereby further declared to  be  the  policy  of  this  state  to
protect  and  promote the health of the inhabitants of this state by the
conservation, protection and improvement of the natural and cultural  or
historic  resources  and  environment and to control land, sewer, water,
air, noise or general environmental pollution derived from the operation
of industrial, manufacturing, warehousing, commercial, recreation, horse
racing facilities, railroad facilities, AUTOMOBILE RACING FACILITIES and
research facilities and to grant such  industrial  development  agencies
the  rights  and  powers provided by this article with respect to indus-
trial pollution control facilities.
  S 2. Subdivision 4 of section 854 of the  general  municipal  law,  as
amended  by  chapter  541  of  the  laws  of 1982, is amended to read as
follows:
  (4) "Project" - shall mean any land, any building  or  other  improve-
ment,  and  all real and personal properties located within the state of
New York and within or outside or partially within and partially outside
the municipality for whose benefit the agency  was  created,  including,
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

necessary or desirable in connection therewith, or  incidental  thereto,
whether  or  not  now in existence or under construction, which shall be
suitable for manufacturing, warehousing, research, commercial or  indus-
trial  purposes  or  other  economically  sound  purposes identified and
called for to implement a state designated urban cultural  park  manage-
ment  plan  as provided in title G of the parks, recreation and historic
preservation law and which may include or mean an  industrial  pollution
control facility, a recreation facility, educational or cultural facili-
ty,  a  horse racing facility [or], a railroad facility OR AN AUTOMOBILE
RACING FACILITY, provided, however, no agency shall  use  its  funds  in
respect  of any project wholly or partially outside the municipality for
whose benefit the agency was created without the prior  consent  thereto
by the governing body or bodies of all the other municipalities in which
a part or parts of the project is, or is to be, located.
  S  3.  Section 854 of the general municipal law is amended by adding a
new subdivision 20 to read as follows:
  (20) "AUTOMOBILE RACING FACILITY" SHALL MEAN ANY CLOSED-COURSE MOTORS-
PORTS COMPLEX AND ITS ANCILLARY GROUNDS THAT HAS AT LEAST FIFTY THOUSAND
FIXED SEATS FOR RACE PATRONS AND HOSTS AT LEAST ONE  NASCAR  SPRINT  CUP
SERIES  RACE  AND AT LEAST TWO OTHER NATIONALLY RECOGNIZED RACING EVENTS
EACH CALENDAR YEAR.
  S 4. The opening paragraph of section 858  of  the  general  municipal
law,  as  amended by chapter 659 of the laws of 1997, is amended to read
as follows:
  The purposes of the agency shall be to promote, develop, encourage and
assist in the acquiring, constructing, reconstructing, improving,  main-
taining,  equipping  and furnishing industrial, manufacturing, warehous-
ing, commercial, research and recreation facilities including industrial
pollution control facilities, educational or cultural facilities,  rail-
road  facilities,  horse racing facilities, AUTOMOBILE RACING FACILITIES
and continuing care retirement communities, provided, however, that,  of
agencies governed by this article, only agencies created for the benefit
of  a  county  and the agency created for the benefit of the city of New
York shall be authorized to provide financial assistance in any  respect
to  a  continuing care retirement community, and thereby advance the job
opportunities, health, general prosperity and economic  welfare  of  the
people of the state of New York and to improve their recreation opportu-
nities,  prosperity  and standard of living; and to carry out the afore-
said purposes, each agency shall have the following powers:
  S 5. This act shall take effect immediately.