Bill S7362-2009

Provides that real property tax exemption for professional basketball and hockey franchises in a city of one million or more shall be subject to local law

Provides that the real property tax exemption for professional basketball and hockey franchises in a city of one million or more shall be subject to enactment of a local law by the legislative body of such city.

Details

Actions

  • Apr 7, 2010: RECOMMIT, ENACTING CLAUSE STRICKEN
  • Mar 31, 2010: REFERRED TO CITIES

Memo

 BILL NUMBER:  S7362

TITLE OF BILL : An act to amend the real property tax law, in relation to authorizing the local legislative body of a city having a population of one million or more the authority to grant an exemption for real property used for professional major league sports

PURPOSE : Provides that real property tax exemption for professional basketball and hockey franchises in a city of one million or more shall be subject to local law.

SUMMARY OF PROVISIONS : The bill amends section 429 of the real property tax law, "real property used for professional major league sports," to require that the owners of Madison Square Garden pay real property taxes. The Garden currently enjoys a curiously worded exemption from taxes, based on the fact that it meets the following criteria, which are applicable to no other property in New York:

1. It is located in a city with a population of one million or more, and used by both a professional major league hockey team which is a member of the National Hockey League and a professional major league basketball team which is a member of the National Basketball Association to play their home games.

2. It is exempt from taxation to the extent that the taxes are the obligation by lease or otherwise of the owners of franchises for such teams, provided that such owners enter into a written agreement with the chief executive officer of the municipality in which such property is located to play their home games within such municipality for a period of at least ten consecutive years.

3. The tax exemption is granted on the date the agreement is executed and applies to taxes which become due and payable after the agreement is executed. The Exemption continues as long as both of the professional teams play their home games there and no longer.

4. The exemption also applies to improvements used for the provision of facilities or services related to sports, entertainment, expositions, conventions or trade shows.

5. If one or both of said teams ceases to play their home games at the property at any time, the tax exemption ceases immediately.

The amendment adds new language to the section/ to make it clear that the property is still subject to taxation, and that the full amount of such taxes are and shall be the obligations of the owners of such property, and may not be made obligations by lease or otherwise of the owners of the teams referred to hereinabove. The amendment also makes it clear that any provision in a lease, agreement, or any other written instrument requiring that any such taxes or their equivalent in the form of any charges of any kind whatsoever, imposed by whatever name, be made obligations of the owners of such teams shall be void on and after the effective date of this act as against state policy.

JUSTIFICATION : No exemption is granted in perpetuity. The purpose of this bill is to eliminate the exemption/ but to insure that fans are not penalized by the owners of the facility, in the form of passing onto them any charges or other costs as a proxy for the taxes the owners must pay.

LEGISLATIVE HISTORY : New bill. FISCAL IMPLICATIONS : None.

EFFECTIVE DATE : This act shall take effect on the thirtieth day after it shall have become a law.

Text

STATE OF NEW YORK ________________________________________________________________________ 7362 IN SENATE March 31, 2010 ___________
Introduced by Sen. PERALTA -- read twice and ordered printed, and when printed to be committed to the Committee on Cities AN ACT to amend the real property tax law, in relation to authorizing the local legislative body of a city having a population of one million or more the authority to grant an exemption for real property used for professional major league sports THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 429 of the real property tax law, as added by chap- ter 459 of the laws of 1982, is amended to read as follows: S 429. Real property used for professional major league sports. Real property within a city having a population of one million or more, used by both a professional major league hockey team which is a member of the National Hockey League and a professional major league basketball team which is a member of the National Basketball Association to play their home games [shall] MAY be exempt from taxation to the extent said taxes are the obligation by lease or otherwise of the owners of franchises for such teams, provided THAT THE LEGISLATIVE BODY OF SUCH CITY ADOPTS A LOCAL LAW PROVIDING FOR SUCH EXEMPTION AND that such owners enter into a written agreement with the chief executive officer of the municipality in which such property is located to play their home games within such municipality for a period of at least ten consecutive years. The tax exemption provided herein shall be granted to real property being used, in whole or in part, for the aforesaid purposes on the date such agree- ment is executed and shall apply to taxes which become due and payable after the aforestated agreement is executed and shall continue with respect to such property as long as both of said teams play their home games therein and no longer. Such exemption shall not apply with respect to any improvement to such property made after the date such agreement is executed which improvement is not used for the provision of facili- ties or services related to sports, entertainment, expositions, conventions or trade shows. If one or both of said teams shall cease to play their home games in said property at any time, the tax exemption provided herein shall cease immediately and such property shall imme-
diately be restored to the tax rolls and thereupon become subject to taxation and shall be taxed pro rata for the unexpired portion of the taxable year. S 2. This act shall take effect on the thirtieth day after it shall have become a law.

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