Bill S840-2011

Provides that certain actions for injury caused by domestic violence may be commenced within two years

Provides that certain actions for injury caused by domestic violence may be commenced within two years.

Details

Actions

  • Mar 12, 2012: COMMITTEE DISCHARGED AND COMMITTED TO RULES
  • Mar 9, 2012: NOTICE OF COMMITTEE CONSIDERATION - REQUESTED
  • Jan 4, 2012: REFERRED TO JUDICIARY
  • Mar 8, 2011: COMMITTEE DISCHARGED AND COMMITTED TO JUDICIARY
  • Jan 5, 2011: REFERRED TO CODES

Memo

BILL NUMBER:S840

TITLE OF BILL: An act to amend the general municipal law, in relation to restricting the formation of new development agencies in Erie county

PURPOSE OR GENERAL IDEA OF THE BILL: This bill would allow only the Erie County Industrial Development Agency to exempt state and county taxes, without prior approval. Further, this bill would require any town Industrial Development Agencies within Erie County to seek approval if they wish to exempt any taxes other than the individual town's property taxes.

SUMMARY OF SPECIFIC PROVISIONS: Section 1 amends section 891-a of the general municipal law by limiting the authority of town industrial development agencies located within Erie County to exempt certain taxes.

Section 2 amends section 898-a of the general municipal law stating section 891-a is controlling law in the event of any inconsistencies.

Section 3 amends section 901-a of the general municipal law stating section 891-a is controlling law in the event of any inconsistencies.

Section 4 amends section 914-a of the general municipal law stating section 891-a is controlling law in the event of any inconsistencies.

Section 5 amends section 925-t of the general municipal law stating section 891-a is controlling law in the event of any inconsistencies.

Section 6 amends section 925-v of the general municipal law stating section 891-a is controlling law in the event of any inconsistencies,

JUSTIFICATION: Currently, Erie County has 5 town IDAs (Amherst, Clarence, Concord, Hamburg, and Lancaster) in addition to the Erie County IDA. The ECIDA has power and authority to act on a county wide basis while the town IDAs can only act on projects within the boundaries of their town. This leads to competition between the town IDAs in attempting to lure businesses to their municipalities. The taxes generally waived by these town IDAs consist of-state and county taxes, as well as, the taxes of school districts and other municipalities. This results in the town IDAs competing to exempt taxes from the same general pool of tax revenue. The ECIDA is in a better position to oversee the tax exemptions granted to businesses and implement regional strategies for economic growth.

PRIOR LEGISLATIVE HISTORY:

2012: A.10560 Referred to Rules

FISCAL IMPLICATIONS: No fiscal implications to the state. State tax revenues should increase as the ECIDA will be the sole IDA which can exempt state taxes.

EFFECTIVE DATE: This act shall take effect immediately.


Text

STATE OF NEW YORK ________________________________________________________________________ 840 2011-2012 Regular Sessions IN SENATE (PREFILED) January 5, 2011 ___________
Introduced by Sen. STAVISKY -- read twice and ordered printed, and when printed to be committed to the Committee on Codes AN ACT to amend the civil practice law and rules, in relation to the time within which certain actions for injury caused by domestic violence may be commenced THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The civil practice law and rules is amended by adding a new section 215-a to read as follows: S 215-A. ACTIONS TO RECOVER DAMAGES FOR INJURY ARISING FROM ACTS OF DOMESTIC VIOLENCE. NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, AN ACTION TO RECOVER DAMAGES FOR INJURY ARISING FROM AN ACT OF DOMESTIC VIOLENCE, INCLUDING DISORDERLY CONDUCT, HARASSMENT, MENACING, RECKLESS ENDANGERMENT, KIDNAPPING, ASSAULT, ATTEMPTED ASSAULT, OR ATTEMPTED MURDER, COMMITTED AGAINST ANY PERSON OVER THE AGE OF SIXTEEN, ANY MARRIED PERSON OR ANY PARENT ACCOMPANIED BY HIS OR HER MINOR CHILD OR CHILDREN IN SITUATIONS IN WHICH SUCH PERSON OR SUCH PERSON'S CHILD IS A VICTIM OF SUCH ACTS, SHALL BE COMMENCED WITHIN TWO YEARS. NOTHING IN THIS SECTION SHALL BE CONSTRUED TO REQUIRE THAT A CRIMINAL CHARGE BE BROUGHT OR A CRIMINAL CONVICTION BE OBTAINED AS A CONDITION OF BRINGING A CIVIL CAUSE OF ACTION OR RECEIVING A CIVIL JUDGMENT PURSUANT TO THIS SECTION OR BE CONSTRUED TO REQUIRE THAT ANY OF THE RULES GOVERNING A CRIMINAL PROCEEDING BE APPLICABLE TO ANY SUCH CIVIL ACTION. S 2. This act shall take effect immediately.

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