NY State Senate Bill 2013-S7229B

Senate Bill S7229B

Signed By Governor

2013-2014 Legislative Session

Authorizes towns with a population between fifty-six thousand seven hundred and fifty-six thousand eight hundred to enact a hospitality business investment real property tax exemption

download bill text pdf

Archive: Last Bill Status - Signed by Governor

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Nov 21, 2014	signed chap.470
Nov 10, 2014	delivered to governor
Jun 19, 2014	returned to senate passed assembly ordered to third reading rules cal.560 substituted for a9533b
Jun 11, 2014	referred to real property taxation delivered to assembly passed senate
Jun 10, 2014	ordered to third reading cal.1271 committee discharged and committed to rules
May 30, 2014	print number 7229b
May 30, 2014	amend (t) and recommit to local government
May 15, 2014	print number 7229a
May 15, 2014	amend (t) and recommit to local government
May 06, 2014	referred to local government

Votes

- Jun 11, 2014 - Floor Vote
  S7229B
  
  57
  
  Aye
  
  1
  
  Nay
  
  0
  
  Absent
  
  3
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 11, 2014
      
      aye (57)
      
      Addabbo Jr.
      
      Avella
      
      Ball
      
      Boyle
      
      Breslin
      
      Carlucci
      
      DeFrancisco
      
      Diaz
      
      Dilan
      
      Farley
      
      Felder
      
      Flanagan
      
      Gallivan
      
      Gianaris
      
      Gipson
      
      Golden
      
      Griffo
      
      Grisanti
      
      Hannon
      
      Hoylman-Sigal
      
      Kennedy
      
      Klein
      
      Krueger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Latimer
      
      Libous
      
      Little
      
      Marcellino
      
      Marchione
      
      Martins
      
      Maziarz
      
      Montgomery
      
      Nozzolio
      
      O'Brien
      
      O'Mara
      
      Parker
      
      Peralta
      
      Perkins
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Sampson
      
      Sanders Jr.
      
      Savino
      
      Serrano
      
      Seward
      
      Skelos
      
      Squadron
      
      Stavisky
      
      Stewart-Cousins
      
      Tkaczyk
      
      Valesky
      
      Young
      
      Zeldin
      
      nay (1)
      
      Bonacic
      
      excused (3)
      
      Espaillat
      
      Hassell-Thompson
      
      Smith
  Jun 10, 2014 - Rules Committee Vote
  S7229B
  
  20
  
  Aye
  
  2
  
  Nay
  
  2
  
  Aye with Reservations
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: Jun 10, 2014
      
      aye (20)
      
      Breslin
      
      Carlucci
      
      Dilan
      
      Espaillat
      
      Farley
      
      Flanagan
      
      Hannon
      
      LaValle
      
      Larkin
      
      Libous
      
      Little
      
      Marcellino
      
      Maziarz
      
      Montgomery
      
      Nozzolio
      
      Parker
      
      Seward
      
      Skelos
      
      Stewart-Cousins
      
      Valesky
      
      nay (2)
      
      Bonacic
      
      Krueger
      
      aye wr (2)
      
      Gianaris
      
      Perkins
      
      excused (1)
      
      Hassell-Thompson

Bill Amendments

Original

B (Active)

2013-S7229 - Details

See Assembly Version of this Bill:: A9533
Law Section:: Suffolk County

2013-S7229 - Summary

Authorizes towns with a population between fifty-six thousand seven hundred and fifty-six thousand eight hundred based upon the two thousand ten federal census to enact a hospitality business investment real property tax exemption.

2013-S7229 - Sponsor Memo

                                BILL NUMBER:S7229

TITLE OF BILL:  An act in relation to authorizing the town of
Southampton, county of Suffolk to enact a hospitality business
investment real property tax exemption

PURPOSE OR GENERAL IDEA OF BILL: To authorize the Town of Southampton,
County of Suffolk to enact a hospitality business investment real
property tax exemption

SUMMARY OF SPECIFIC PROVISIONS: Section 1. Provides that real property
within the Town of Southampton, County of Suffolk construction,
altered, installed or improved, subsequent to January 1, 2015 for the
purpose of hospitality business activity, as defined in Section 5 of
this act, shall be exempt from taxation and special ad valorem levies,
except for special ad valorem levies for fire district, fire
protection district and fire alarm district purposes.

Section 2. Provides the year and percentage of exemption.

Section 3. Provides that the exemption shall be granted only upon
application by the owner of such real property on a form prescribed by
the Commissioner of Taxation and Finance. Requires such application to
be filed with the assessor of the town on or before the appropriate
taxable status date of the town within one year from the date of
completion of such construction, alteration, installation or

improvement.

Section 4. Provides that if the assessor is satisfied that the
applicant is entitled to an exemption and approves the application,
that such real property shall thereafter be exempt from taxation and
special ad valorem levies, except for special ad valorem levies for
fire district, fire protection district and fire alarm district
purposes, commencing with the assessment roll prepared after the
taxable status date referred provided for in Section 3 of this act),
upon the assessors approval of the exemption.

Section 5. Limits the provisions of this act to real property within
the Town of Southampton used primarily for hospitality business
activity. For the purposes of this act, "hospitality business
activity" shall mean the commercial furnishing of accommodations to
over-night transient guests, including, but not limited to hotels,
motels, and bed and breakfasts. A "transient guest" shall be defined
as one whose stay on such property is daily or weekly, but not to
exceed 31 days in any calendar year.

Section 6. If such real property ceases to be used primarily for
eligible purposes, the exemption granted shall cease.

Section 7. Provides guidelines relating to the adjustment of the
percentum of the exemption by adoption of a resolution by the Town of
Southampton.

Section 8. Immediate effective date.

JUSTIFICATION: Unlike the neighboring Towns of Riverhead, Brookhaven
and East Hampton, Southampton has a short supply of suitable hotels,


motels and similar hospitality related businesses. This short supply
can be blamed on a variety of factors including an over-reliance on
private, often illegal, home rentals and the aging, outdated condition
of exiting commercial hospitality establishments. If Southampton is to
accommodate its thriving, growing tourism industry it must expand and
improve its supply of hospitality enterprises, including hotels and
motels that cater to transient guests. Through use of this tax
exemption, Southampton hopes to attract professionals affiliated with
the Hospitality Industry to both update and construct transient guest
accommodations. Such enterprise would help fill the Town's void with
respect to these establishments and attract new and greater sources of
revenue.

PRIOR LEGISLATIVE HISTORY: 2014: New Legislation

FISCAL IMPLICATIONS: None to the state.

EFFECTIVE DATE: This act shall take effect immediately.

2013-S7229 - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

    S. 7229                                                  A. 9533

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

                               May 6, 2014
                               ___________

IN SENATE -- Introduced by Sen. LAVALLE -- 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. THIELE -- read once and referred
  to the Committee on Real Property Taxation

AN ACT in relation to authorizing the town  of  Southampton,  county  of
  Suffolk  to  enact a hospitality business investment real property tax
  exemption

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1. Notwithstanding any provision of law to the contrary, real
property within the town of Southampton, county of Suffolk  constructed,
altered,  installed  or  improved, subsequent to January 1, 2015 for the
purpose of hospitality business activity, as defined in section five  of
this  act,  shall be exempt from taxation and special ad valorem levies,
except for special ad valorem levies for fire district, fire  protection
district  and  fire  alarm  district purposes, to the extent hereinafter
provided.
  S 2. (a) Such real property shall be exempt for a period of  one  year
to  the  extent  of  fifty  per centum of the increase in assessed value
thereof attributable to such construction, alteration,  installation  or
improvement  and for an additional period of nine years provided, howev-
er, that the extent of such exemption shall be  decreased  by  five  per
centum  each  year  during such additional period of nine years and such
exemption shall be computed with respect to the  "exemption  base".  The
exemption  base shall be the increase in assessed value as determined in
the initial year of such ten year period  following  the  filing  of  an
original application.
  (b)  The  following  table shall illustrate the computation of the tax
exemption:
            Year of exemption          Percentage of exemption
                    1                             50
                    2                             45

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.

                                                           LBD14898-02-4

S. 7229                             2                            A. 9533

                    3                             40
                    4                             35
                    5                             30
                    6                             25
                    7                             20
                    8                             15
                    9                             10
                    10                            5
  (c)  No  such exemption shall be granted unless (1) such construction,
alteration, installation or improvement was commenced subsequent to  the
first  day  of  January,  2015 or such later date as may be specified by
local law or resolution; (2) the cost of such construction,  alteration,
installation  or  improvement  exceeds  the  sum of one hundred thousand
dollars or such greater amount as may  be  specified  by  local  law  or
resolution;  and  (3)  such  construction,  alteration,  installation or
improvement is completed as may be evidenced by a certificate  of  occu-
pancy or other appropriate documentation as provided by the owner.
  (d)  For  purposes  of  this  act  the terms construction, alteration,
installation and improvement shall not include ordinary maintenance  and
repairs.
  S  3.  Such  exemption  shall  be granted only upon application by the
owner of such real property on a form prescribed by the commissioner  of
taxation  and finance. Such application shall be filed with the assessor
of the town on or before the appropriate taxable status date of the town
within one year from the date of completion of such construction, alter-
ation, installation or improvement.
  S 4. If the assessor is satisfied that the applicant is entitled to an
exemption pursuant to this act, he or she shall approve the  application
and  such  real  property  shall  thereafter be exempt from taxation and
special ad valorem levies, except for special ad valorem levies for fire
district, fire protection district and fire alarm district purposes,  as
herein  provided  commencing with the assessment roll prepared after the
taxable status date referred to  in  section  three  of  this  act.  The
assessed  value  of any exemption granted pursuant to this section shall
be entered by the assessor on the assessment roll with the taxable prop-
erty, with the amount of the exemption shown in a separate column.
  S 5. The provisions of this act shall  only  apply  to  real  property
within  the  town of Southampton used primarily for hospitality business
activity. For the purposes of this act, "hospitality business  activity"
shall  mean  the  commercial  furnishing  of accommodations to overnight
transient guests, including but not limited to hotels, motels,  and  bed
and  breakfasts. A transient guest shall be defined as one whose stay on
such property is daily or weekly, but not  to  exceed  31  days  in  any
calendar year.
  S  6. In the event that real property granted an exemption pursuant to
this section ceases to be used  primarily  for  eligible  purposes,  the
exemption granted pursuant to this section shall cease.
  S  7.  In the town of Southampton, any local government, by local law,
and any school district, by resolution,  may  reduce  the  percentum  of
exemption  otherwise  allowed  pursuant  to this act; provided, however,
that a project in course of construction and exemptions  existing  prior
in  time  to  passage  of  any such local law or resolution shall not be
subject to any such reduction  so  effected.  Any  local  government  or
school  district that has reduced the percentum of exemption pursuant to
this section may thereafter, by local law or resolution as the case  may
be,  increase the percentum of exemption up to any percentum not exceed-

S. 7229                             3                            A. 9533

ing the maximum allowed by section two of this act, whichever is  appli-
cable,  provided,  however,  that any such local law or resolution shall
apply only to construction, alterations, installations, or  improvements
commenced  subsequent  to the effective date of such local law or resol-
ution. A copy of all such local laws or resolutions shall be filed  with
the assessor of the town and the commissioner of taxation and finance.
  S 8. This act shall take effect immediately.

2013-S7229A - Details

See Assembly Version of this Bill:: A9533
Law Section:: Suffolk County

2013-S7229A - Summary

2013-S7229A - Sponsor Memo

                                BILL NUMBER:S7229A

TITLE OF BILL:  An act in relation to authorizing towns with a
population between fifty-six thousand seven hundred and fifty-six
thousand eight hundred based upon the two thousand ten federal census
to enact a hospitality business investment real property tax exemption

PURPOSE OR GENERAL IDEA OF BILL:

To authorize towns with a population between fifty-six thousand seven
hundred and fifty-six thousand eight hundred based upon the two
thousand ten federal census (Town of Southampton, County of Suffolk)
to enact a hospitality business investment real property tax
exemption.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1. Provides that real property within the Town of Southampton,
County of Suffolk construction, altered, installed or improved,
subsequent to January 1, 2015 for the purpose of hospitality business
activity, as defined in Section 5 of this act, shall be exempt from
taxation and special ad valorem levies, except for special ad valorem
levies for fire district, fire protection district and fire alarm
district purposes.

Section 2. Provides the year and percentage of exemption.

Section 3. Provides that the exemption shall be granted only upon
application by the owner of such real property on a form prescribed by
the Commissioner of Taxation and Finance. Requires such application to
be filed with the assessor of the town on or before the appropriate
taxable status date of the town within one year from the date of
completion of such construction, alteration, installation or
improvement.

Section 4. Provides that if the assessor is satisfied that the
applicant is entitled to an exemption and approves the application,
that such real property shall thereafter be exempt from taxation and
special ad valorem levies, except for special ad valorem levies for
fire district, fire protection district and fire alarm district
purposes, commencing with the assessment roll prepared after the
taxable status date referred provided for in Section 3 of this act,
upon the assessors approval of the exemption.

Section 5. Limits the provisions of this act to real property within
the Town of Southampton used primarily for hospitality business
activity. For the purposes of this act, "hospitality business
activity" shall mean the commercial furnishing of accommodations to
over-night transient guests, including, but not limited to hotels,
motels, and bed and breakfasts. A "transient guest" shall be defined
as one whose stay on such property is daily or weekly, but not to
exceed 31 days in any calendar year.

Section 6. If such real property ceases to be used primarily for
eligible purposes, the exemption granted shall cease.


Section 7. Provides guidelines relating to the adjustment of the
percentum of the exemption by adoption of a resolution by the Town of
Southampton.

Section 8. Immediate effective date.

JUSTIFICATION:

Unlike the neighboring Towns of Riverhead, Brookhaven and East
Hampton, Southampton has a short supply of suitable hotels, motels and
similar hospitality related businesses. This short supply can be
blamed on a variety of factors including an over-reliance on private,
often illegal, home rentals and the aging, outdated condition of
exiting commercial hospitality establishments. If Southampton is to
accommodate its thriving, growing tourism industry it must expand and
improve its supply of hospitality enterprises, including hotels and
motels that cater to transient guests. Through use of this tax
exemption, Southampton hopes to attract professionals affiliated with
the Hospitality Industry to both update and construct transient guest
accommodations. Such enterprise would help fill the Town's void with
respect to these establishments and attract new and greater sources of
revenue.

PRIOR LEGISLATIVE HISTORY:

2014: New Legislation

FISCAL IMPLICATIONS:

None to the state.

EFFECTIVE DATE:

This act shall take effect immediately.

2013-S7229A - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

    S. 7229--A                                            A. 9533--A

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

                               May 6, 2014
                               ___________

IN SENATE -- Introduced by Sen. LAVALLE -- read twice and ordered print-
  ed, and when printed to be committed to the Committee on Local Govern-
  ment  --  committee  discharged,  bill  amended,  ordered reprinted as
  amended and recommitted to said committee

IN ASSEMBLY -- Introduced by M. of A. THIELE -- read once  and  referred
  to  the  Committee  on Real Property Taxation -- committee discharged,
  bill amended, ordered reprinted as amended  and  recommitted  to  said
  committee

AN  ACT  in  relation  to  authorizing  towns  with a population between
  fifty-six thousand seven hundred and fifty-six thousand eight  hundred
  based  upon the two thousand ten federal census to enact a hospitality
  business investment real property tax exemption

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1. Notwithstanding any provision of law to the contrary, real
property in towns with a population  between  fifty-six  thousand  seven
hundred and fifty-six thousand eight hundred based upon the two thousand
ten  federal  census constructed, altered, installed or improved, subse-
quent to January 1, 2015 for the purpose of hospitality business  activ-
ity,  as defined in section five of this act, shall be exempt from taxa-
tion and special ad valorem levies, except for special ad valorem levies
for fire district, fire protection  district  and  fire  alarm  district
purposes, to the extent hereinafter provided.
  S  2.  (a) Such real property shall be exempt for a period of one year
to the extent of fifty per centum of  the  increase  in  assessed  value
thereof  attributable  to such construction, alteration, installation or
improvement and for an additional period of nine years provided,  howev-
er,  that  the  extent  of such exemption shall be decreased by five per
centum each year during such additional period of nine  years  and  such
exemption  shall  be  computed with respect to the "exemption base". The
exemption base shall be the increase in assessed value as determined  in
the  initial  year  of  such  ten year period following the filing of an
original application.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.

                                                           LBD14898-03-4

S. 7229--A                          2                         A. 9533--A

  (b) The following table shall illustrate the computation  of  the  tax
exemption:
            Year of exemption          Percentage of exemption
                    1                             50
                    2                             45
                    3                             40
                    4                             35
                    5                             30
                    6                             25
                    7                             20
                    8                             15
                    9                             10
                    10                            5
  (c)  No  such exemption shall be granted unless (1) such construction,
alteration, installation or improvement was commenced subsequent to  the
first  day  of  January,  2015 or such later date as may be specified by
local law or resolution; (2) the cost of such construction,  alteration,
installation  or  improvement  exceeds  the  sum of one hundred thousand
dollars or such greater amount as may  be  specified  by  local  law  or
resolution;  and  (3)  such  construction,  alteration,  installation or
improvement is completed as may be evidenced by a certificate  of  occu-
pancy or other appropriate documentation as provided by the owner.
  (d)  For  purposes  of  this  act  the terms construction, alteration,
installation and improvement shall not include ordinary maintenance  and
repairs.
  S  3.  Such  exemption  shall  be granted only upon application by the
owner of such real property on a form prescribed by the commissioner  of
taxation  and finance. Such application shall be filed with the assessor
of the town on or before the appropriate taxable status date of the town
within one year from the date of completion of such construction, alter-
ation, installation or improvement.
  S 4. If the assessor is satisfied that the applicant is entitled to an
exemption pursuant to this act, he or she shall approve the  application
and  such  real  property  shall  thereafter be exempt from taxation and
special ad valorem levies, except for special ad valorem levies for fire
district, fire protection district and fire alarm district purposes,  as
herein  provided  commencing with the assessment roll prepared after the
taxable status date referred to  in  section  three  of  this  act.  The
assessed  value  of any exemption granted pursuant to this section shall
be entered by the assessor on the assessment roll with the taxable prop-
erty, with the amount of the exemption shown in a separate column.
  S 5. The provisions of this act shall  only  apply  to  real  property
within  the  town  used primarily for hospitality business activity. For
the purposes of this act, "hospitality business activity" shall mean the
commercial furnishing of accommodations to overnight  transient  guests,
including  but  not limited to hotels, motels, and bed and breakfasts. A
transient guest shall be defined as one whose stay on such  property  is
daily or weekly, but not to exceed 31 days in any calendar year.
  S  6. In the event that real property granted an exemption pursuant to
this section ceases to be used  primarily  for  eligible  purposes,  the
exemption granted pursuant to this section shall cease.
  S  7.  Any local government, by local law, and any school district, by
resolution, may reduce the  percentum  of  exemption  otherwise  allowed
pursuant  to  this  act;  provided, however, that a project in course of
construction and exemptions existing prior in time  to  passage  of  any
such  local law or resolution shall not be subject to any such reduction

S. 7229--A                          3                         A. 9533--A

so effected. Any local government or school district  that  has  reduced
the  percentum  of exemption pursuant to this section may thereafter, by
local law or resolution as the case may be, increase  the  percentum  of
exemption  up  to  any  percentum  not  exceeding the maximum allowed by
section two of this act, whichever  is  applicable,  provided,  however,
that  any such local law or resolution shall apply only to construction,
alterations, installations, or improvements commenced subsequent to  the
effective date of such local law or resolution. A copy of all such local
laws or resolutions shall be filed with the assessor of the town and the
commissioner of taxation and finance.
  S 8. This act shall take effect immediately.

2013-S7229B (ACTIVE) - Details

See Assembly Version of this Bill:: A9533
Law Section:: Suffolk County

2013-S7229B (ACTIVE) - Summary

2013-S7229B (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S7229B

TITLE OF BILL:  An act in relation to authorizing towns with a
population between fifty-six thousand seven hundred and fifty-six
thousand eight hundred based upon the latest decennial federal census
to enact a hospitality business investment real property tax exemption

PURPOSE OR GENERAL IDEA OF BILL: To authorize towns with a population
between fifty-six thousand seven hundred and fifty-six thousand eight
hundred based upon the latest decennial federal census (Town of
Southampton, County of Suffolk) to enact a hospitality business
investment real property tax exemption

SUMMARY OF SPECIFIC PROVISIONS: Section 1. Provides that real property
within the Town of Southampton, County of Suffolk construction,
altered, installed or improved, subsequent to January 1, 2015 for the
purpose of hospitality business activity, as defined in Section 5 of
this act, shall be exempt from taxation and special ad valorem levies
for town, special district, county and school district purposes,
exclusive of special ad valorem levies for fire district, fire
protection district and fire alarm district purposes.

Section 2. Provides the year and percentage of exemption.

Section 3. Provides that the exemption shall be granted only upon
application by the owner of such real property on a form prescribed by

the Commissioner of Taxation and Finance. Requires such application to
be filed with the assessor of the town on or before the appropriate
taxable status date of the town within one year from the date of
completion of such construction, alteration, installation or
improvement.

Section 4. Provides that if the assessor is satisfied that the
applicant is entitled to an exemption and approves the application,
that such real property shall thereafter be exempt from taxation and
special ad valorem levies, except for special ad valorem levies for
fire district, fire protection district and fire alarm district
purposes, commencing with the assessment roll prepared after the
taxable status date referred provided for in Section 3 of this act.

Section 5. Limits the provisions of this act to real property within
the Town of Southampton used primarily for hospitality business
activity. For the purposes of this act, "hospitality business
activity" shall mean the commercial furnishing of accommodations to
over-night transient guests, including, but not limited to hotels,
motels, and bed and breakfasts. A "transient guest" shall be defined
as one whose stay on such property is daily or weekly, but not to
exceed 31 days in any calendar year.

Section 6. If such real property ceases to be used primarily for
eligible purposes, the exemption granted shall cease.

Section 7. Provides guidelines relating to the adjustment of the
percentum of the exemption by adoption of a resolution by the Town of
Southampton.

Section 8. Immediate effective date.


JUSTIFICATION: Unlike the neighboring Towns of Riverhead, Brookhaven
and East Hampton, Southampton has a short supply of suitable hotels,
motels and similar hospitality related businesses. This short supply
can be blamed on a variety of factors including an over-reliance on
private, often illegal, home rentals and the aging, outdated condition
of exiting commercial hospitality establishments. If Southampton is to
accommodate its thriving, growing tourism industry it must expand and
improve its supply of hospitality enterprises, including hotels and
motels that cater to transient guests. Through use of this tax
exemption, Southampton hopes to attract professionals affiliated with
the Hospitality Industry to both update and construct transient guest
accommodations. Such enterprise would help fill the Town's void with
respect to these establishments and attract new and greater sources of
revenue.

PRIOR LEGISLATIVE HISTORY: 2014: New Legislation

FISCAL IMPLICATIONS: None to the state.

EFFECTIVE DATE: This act shall take effect immediately.

2013-S7229B (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 7229--B

                            I N  S E N A T E

                               May 6, 2014
                               ___________

Introduced  by  Sen. LAVALLE -- 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 -- committee discharged,  bill  amended,
  ordered reprinted as amended and recommitted to said committee

AN  ACT  in  relation  to  authorizing  towns  with a population between
  fifty-six thousand seven hundred and fifty-six thousand eight  hundred
  based  upon the latest decennial federal census to enact a hospitality
  business investment real property tax exemption

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1. Notwithstanding any provision of law to the contrary, real
property in towns with a population  between  fifty-six  thousand  seven
hundred  and  fifty-six  thousand  eight  hundred  based upon the latest
decennial federal census constructed, altered,  installed  or  improved,
subsequent  to  January  1, 2015 for the purpose of hospitality business
activity, as defined in section five of this act, shall be  exempt  from
taxation and special ad valorem levies for town, special district, coun-
ty  and school district purposes, exclusive of special ad valorem levies
for fire district, fire protection  district  and  fire  alarm  district
purposes, to the extent hereinafter provided.
  S  2.  (a) Such real property shall be exempt for a period of one year
to the extent of fifty per centum of  the  increase  in  assessed  value
thereof  attributable  to such construction, alteration, installation or
improvement and for an additional period of nine years provided,  howev-
er,  that  the  extent  of such exemption shall be decreased by five per
centum each year during such additional period of nine  years  and  such
exemption  shall  be  computed with respect to the "exemption base". The
exemption base shall be the increase in assessed value as determined  in
the  initial  year  of  such  ten year period following the filing of an
original application.
  (b) The following table shall illustrate the computation  of  the  tax
exemption:
            Year of exemption          Percentage of exemption

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.

                                                           LBD14898-04-4

S. 7229--B                          2

                    1                             50
                    2                             45
                    3                             40
                    4                             35
                    5                             30
                    6                             25
                    7                             20
                    8                             15
                    9                             10
                    10                            5
  (c)  No  such exemption shall be granted unless (1) such construction,
alteration, installation or improvement was commenced subsequent to  the
first  day  of  January,  2015 or such later date as may be specified by
local law or resolution; (2) the cost of such construction,  alteration,
installation  or  improvement  exceeds  the  sum of one hundred thousand
dollars or such greater amount as may  be  specified  by  local  law  or
resolution;  and  (3)  such  construction,  alteration,  installation or
improvement is completed as may be evidenced by a certificate  of  occu-
pancy or other appropriate documentation as provided by the owner.
  (d)  For  purposes  of  this  act  the terms construction, alteration,
installation and improvement shall not include ordinary maintenance  and
repairs.
  S  3.  Such  exemption  shall  be granted only upon application by the
owner of such real property on a form prescribed by the commissioner  of
taxation  and finance. Such application shall be filed with the assessor
of the town on or before the appropriate taxable status date of the town
within one year from the date of completion of such construction, alter-
ation, installation or improvement.
  S 4. If the assessor is satisfied that the applicant is entitled to an
exemption pursuant to this act, he or she shall approve the  application
and  such  real  property  shall  thereafter be exempt from taxation and
special ad valorem levies, except for special ad valorem levies for fire
district, fire protection district and fire alarm district purposes,  as
herein  provided  commencing with the assessment roll prepared after the
taxable status date referred to  in  section  three  of  this  act.  The
assessed  value  of any exemption granted pursuant to this section shall
be entered by the assessor on the assessment roll with the taxable prop-
erty, with the amount of the exemption shown in a separate column.
  S 5. The provisions of this act shall  only  apply  to  real  property
within  the  town  used primarily for hospitality business activity. For
the purposes of this act, "hospitality business activity" shall mean the
commercial furnishing of accommodations to overnight  transient  guests,
including  but  not limited to hotels, motels, and bed and breakfasts. A
transient guest shall be defined as one whose stay on such  property  is
daily or weekly, but not to exceed 31 days in any calendar year.
  S  6. In the event that real property granted an exemption pursuant to
this section ceases to be used  primarily  for  eligible  purposes,  the
exemption granted pursuant to this section shall cease.
  S  7.  Any local government, by local law, and any school district, by
resolution, may reduce the  percentum  of  exemption  otherwise  allowed
pursuant  to  this  act;  provided, however, that a project in course of
construction and exemptions existing prior in time  to  passage  of  any
such  local law or resolution shall not be subject to any such reduction
so effected. Any local government or school district  that  has  reduced
the  percentum  of exemption pursuant to this section may thereafter, by
local law or resolution as the case may be, increase  the  percentum  of

S. 7229--B                          3

exemption  up  to  any  percentum  not  exceeding the maximum allowed by
section two of this act, whichever  is  applicable,  provided,  however,
that  any such local law or resolution shall apply only to construction,
alterations,  installations, or improvements commenced subsequent to the
effective date of such local law or resolution. A copy of all such local
laws or resolutions shall be filed with the assessor of the town and the
commissioner of taxation and finance.
  S 8. This act shall take effect immediately.

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