Bill S919-2011

Provides that leases of state park lands require the lessee to make payments in lieu of taxes to school districts within which the lands to be leased are located

Provides that leases of state park lands require the lessee to make payments in lieu of taxes to school districts within which the lands to be leased are located.

Details

Actions

  • Jan 4, 2012: REFERRED TO LOCAL GOVERNMENT
  • Jun 24, 2011: COMMITTED TO RULES
  • Mar 7, 2011: ADVANCED TO THIRD READING
  • Mar 3, 2011: 2ND REPORT CAL.
  • Mar 2, 2011: 1ST REPORT CAL.155
  • Jan 5, 2011: REFERRED TO LOCAL GOVERNMENT

Meetings

Calendars

Votes

VOTE: COMMITTEE VOTE: - Local Government - Mar 2, 2011
Ayes (8): Martins, Ball, Little, McDonald, Ritchie, Stewart-Cousins, Oppenheimer, Klein

Memo

BILL NUMBER:S919

TITLE OF BILL: An act to amend the real property tax law, in relation to payments in lieu of taxes for the lease of state park lands

PURPOSE: This legislation provides that leases of state park lands require the lessee to make payments in lieu of taxes to school districts within which the lands to be leased are located.

SUMMARY OF PROVISIONS: The Real Property Tax Law is amended by adding a new section 405 to provide that leases of state park lands require the lessee to make payments in lieu of taxes to school districts within which the lands to be leased are located.

JUSTIFICATION: As school districts across the State struggle to deal with the rising costs of educating children at an equitable price to the taxpayer, the districts and the taxpayers benefit greatly from as many business entities on the tax rolls as possible.

For-profit entities with leases operating in public state parks should make payments in lieu of taxes (PILOTs) to school districts within which the lands to be leased are located. This legislation would require businesses entering into a lease to operate in State parkland to enter into a PILOT agreement with local school districts.

LEGISLATIVE HISTORY: S.4377 of 2008 S.578 of 2009-2010

FISCAL IMPLICATIONS: None to the State.

EFFECTIVE DATE: This act shall take effect immediately and shall apply to all leases of state park land entered into on or after such date.


Text

STATE OF NEW YORK ________________________________________________________________________ 919 2011-2012 Regular Sessions IN SENATE (PREFILED) January 5, 2011 ___________
Introduced by Sen. MARCELLINO -- read twice and ordered printed, and when printed to be committed to the Committee on Local Government AN ACT to amend the real property tax law, in relation to payments in lieu of taxes for the lease of state park lands THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The real property tax law is amended by adding a new section 405 to read as follows: S 405. LEASE OF STATE PARK LANDS; PAYMENTS IN LIEU OF TAXES. NO PERSON, FIRM, PARTNERSHIP, CORPORATION OR ANY OTHER BUSINESS ENTITY OPERATED ON A FOR PROFIT BASIS SHALL ENTER INTO A LEASE AGREEMENT WITH THE STATE OF NEW YORK FOR THE LEASE OF LANDS USED BY THE STATE AS A STATE PARK, UNLESS SUCH LEASE AGREEMENT SHALL PROVIDE THAT SUCH PERSON, FIRM, PARTNERSHIP, CORPORATION OR OTHER BUSINESS ENTITY OPERATED ON A FOR PROFIT BASIS MAKE PAYMENTS IN LIEU OF TAXES TO EACH SCHOOL DISTRICT WITHIN WHICH THE LANDS TO BE LEASED ARE LOCATED. SUCH PAYMENTS IN LIEU OF TAXES SHALL BE IN AN AMOUNT EQUAL TO OR GREATER THAN THE AMOUNT OF REAL PROPERTY TAXES THAT SHALL HAVE BEEN PAID ON SUCH PROPERTY HAD SUCH PROPERTY NOT BEEN EXEMPT FROM REAL PROPERTY TAXES PURSUANT TO SECTION FOUR HUNDRED FOUR OF THIS ARTICLE OR ANY OTHER PROVISION OF LAW. IF SUCH LEASED PROPERTY LIES WITHIN MORE THAN ONE SCHOOL DISTRICT, SUCH PAYMENTS IN LIEU OF TAXES SHALL BE DISTRIBUTED BETWEEN SUCH SCHOOL DISTRICTS ON A PRO RATA BASIS WITH RESPECT TO THE PERCENTAGE OF LAND THAT LIES WITHIN EACH SUCH SCHOOL DISTRICT. S 2. This act shall take effect immediately and shall apply to all leases of state park lands entered into on or after such date.

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