Bill S7731-2011

Provides that municipalities made coterminous may qualify for certain tax programs

Provides that municipalities made coterminous may qualify for the citizen empowerment tax credit and the local government citizens re-organization empowerment grant program.

Details

Actions

  • Aug 17, 2012: APPROVAL MEMO.10
  • Aug 17, 2012: SIGNED CHAP.435
  • Aug 6, 2012: DELIVERED TO GOVERNOR
  • Jun 21, 2012: returned to senate
  • Jun 21, 2012: passed assembly
  • Jun 21, 2012: ordered to third reading rules cal.560
  • Jun 21, 2012: substituted for a10738
  • Jun 20, 2012: referred to ways and means
  • Jun 20, 2012: DELIVERED TO ASSEMBLY
  • Jun 20, 2012: PASSED SENATE
  • Jun 20, 2012: ORDERED TO THIRD READING CAL.1402
  • Jun 15, 2012: REFERRED TO RULES

Meetings

Votes

Memo

BILL NUMBER:S7731

TITLE OF BILL: An act to amend the state finance law, in relation to providing that municipalities made coterminous may qualify for the citizen empowerment tax credit and the local government citizens re-organization empowerment grant program

PURPOSE: To expand the definition of the term "consolidation" for purposes of the "citizen empowerment tax credit" and the "local government citizens re-organization empowerment grant program" to include the creation of a coterminous village and town government.

SUMMARY OF PROVISIONS: Section 1. Amends subparagraph (ii) of paragraph p of subdivision 10 of section 54 of the state finance law to include a town, which is deemed the surviving municipality in a coterminous consolidation of the borders of a town and village, as an eligible municipality for the citizen empowerment tax credit. Additionally, the Secretary of State is authorized to make rules and regulations to implement the tax credit in circumstances where the secretary determines that a coterminous consolidation of the borders of town and village will result in a savings to taxpayers.

Section 2. Amends clause 2 of subparagraph (i) of paragraph q of subdivision 10 of section 54 of the state finance law to include "the making of the boundaries of a town and village existing on July first, two thousand twelve coterminous in a manner which would qualify the town for a citizen empowerment tax credit" within the definition of "local government re-organization" for the purposes of the local government citizens reorganization empowerment grant program.

Section 3. Effective Date.

JUSTIFICATION: Current law does not include the creation of a coterminous village and town government within the definition of consolidation for the purpose of the "citizen empowerment tax credit" or the "local government citizens reorganization empowerment grant program." However, this form of consolidation is an option of consolidation of some services for some municipalities and should not be excluded from state benefits of consolidation.

LEGISLATIVE HISTORY: New bill.

FISCAL IMPLICATIONS: To be determined

EFFECTIVE DATE: This act shall take effect immediately.


Text

STATE OF NEW YORK ________________________________________________________________________ 7731 IN SENATE June 15, 2012 ___________
Introduced by Sen. BONACIC -- read twice and ordered printed, and when printed to be committed to the Committee on Rules AN ACT to amend the state finance law, in relation to providing that municipalities made coterminous may qualify for the citizen empower- ment tax credit and the local government citizens re-organization empowerment grant program THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subparagraph (ii) of paragraph p of subdivision 10 of section 54 of the state finance law, as amended by section 2 of part K of chapter 57 of the laws of 2011, is amended to read as follows: (ii) Within the annual amounts appropriated therefor, surviving muni- cipalities following a consolidation or dissolution occurring on or after the state fiscal year commencing April first, two thousand seven shall be awarded additional annual aid, starting in the state fiscal year following the state fiscal year in which such consolidation or dissolution took effect, equal to fifteen percent of the combined amount of real property taxes levied by all of the municipalities participating in the consolidation or dissolution in the local fiscal year prior to the local fiscal year in which such consolidation or dissolution took effect. In instances of the dissolution of a village located in more than one town, such additional aid shall equal the sum of fifteen percent of the real property taxes levied by such village in the village fiscal year prior to the village fiscal year in which such dissolution took effect plus fifteen percent of the average amount of real property taxes levied by the towns in which the village was located in the town fiscal year prior to the town fiscal year in which such dissolution took effect, and shall be divided among such towns based on the percentage of such village's population that resided in each such town as of the most recent federal decennial census. In no case shall the additional aid pursuant to this paragraph exceed one million dollars. Such additional aid shall be apportioned and paid to the chief fiscal officer of each eligible municipality on or before September twenty-fifth of each such state fiscal year on audit and warrant of the state comptroller out of
moneys appropriated by the legislature for such purpose to the credit of the local assistance fund. FOR THE PURPOSES OF BEING ELIGIBLE FOR A CITIZEN EMPOWERMENT TAX CREDIT, IN ADDITION TO ANY OTHER MUNICIPALITY WHICH IS ELIGIBLE, A TOWN SHALL BE DEEMED THE SURVIVING MUNICIPALITY IN THE CASE OF A TOWN AND VILLAGE EXISTING AS OF JULY FIRST, TWO THOUSAND TWELVE, WHICH THEREAFTER, BUT NOT BEFORE, SHARE A COTERMINOUS BOUNDARY. IN THE CASE OF A TOWN WHICH QUALIFIES FOR A CITIZEN EMPOWERMENT TAX CREDIT AS A RESULT OF SHARING A COTERMINOUS BOUNDARY WITH A VILLAGE, THE SECRETARY OF STATE IS AUTHORIZED TO MAKE RULES AND REGULATIONS TO IMPLE- MENT THE TAX CREDIT IN CIRCUMSTANCES WHERE THE SECRETARY DETERMINES SUCH COTERMINOUS NATURE WILL RESULT IN SAVINGS TO TAXPAYERS. S 2. Clause 2 of subparagraph (i) of paragraph q of subdivision 10 of section 54 of the state finance law, as added by section 3 of part K of chapter 57 of the laws of 2011, is amended to read as follows: (2) For the purposes of this paragraph, "local government re-organiza- tion" shall mean the consolidation or dissolution of a local government entity in accordance with article seventeen-A of the general municipal law OR THE MAKING OF THE BOUNDARIES OF A TOWN AND VILLAGE EXISTING ON JULY FIRST, TWO THOUSAND TWELVE COTERMINOUS IN A MANNER WHICH WOULD QUALIFY THE TOWN FOR A CITIZEN EMPOWERMENT TAX CREDIT. S 3. This act shall take effect immediately.

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