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S T A T E O F N E W Y O R K
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10409
I N A S S E M B L Y
March 3, 2026
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Introduced by M. of A. LUNSFORD -- read once and referred to the Commit-
tee on Local Governments
AN ACT to amend the general municipal law, in relation to excluding
child day care providers from restrictions on receiving financial
assistance from industrial development agencies
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Paragraph (a) of subdivision 2 of section 862 of the gener-
2 al municipal law, as added by section 1 of part J of chapter 59 of the
3 laws of 2013, is amended to read as follows:
4 (a) Except as provided in paragraph (b) of this subdivision, no finan-
5 cial assistance of the agency shall be provided in respect of any
6 project where facilities or property that are primarily used in making
7 retail sales to customers who personally visit such facilities consti-
8 tute more than one-third of the total project cost. For the purposes of
9 this article, "retail sales" shall mean: (i) sales by a registered
10 vendor under article twenty-eight of the tax law primarily engaged in
11 the retail sale of tangible personal property, as defined in subpara-
12 graph (i) of paragraph four of subdivision (b) of section eleven hundred
13 one of the tax law; or (ii) sales of a service to such customers.
14 Except, however, that tourism destination projects shall not be prohib-
15 ited by this subdivision. For the purpose of this paragraph, "tourism
16 destination" shall mean a location or facility which is likely to
17 attract a significant number of visitors from outside the economic
18 development region as established by section two hundred thirty of the
19 economic development law, in which the project is located. PROVIDED
20 FURTHER, HOWEVER, THAT CHILD DAY CARE PROVIDERS, AS SUCH TERM IS DEFINED
21 PURSUANT TO PARAGRAPH (B) OF SUBDIVISION ONE OF SECTION THREE HUNDRED
22 NINETY OF THE SOCIAL SERVICES LAW, SHALL NOT BE PROHIBITED BY THIS
23 SUBDIVISION.
24 § 2. This act shall take effect immediately.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD14570-01-6