Bill Text: NY A03078 | 2011-2012 | General Assembly | Introduced

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Bill Title: Relates to school district libraries and certain tax levies; provides that a school district may levy library taxes in only one part of the school district.

Spectrum: Strong Partisan Bill (Republican 19-1)

Status: (Introduced - Dead) 2012-02-08 - enacting clause stricken [A03078 Detail]

Download: New_York-2011-A03078-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         3078
                              2011-2012 Regular Sessions
                                 I N  A S S E M B L Y
                                   January 24, 2011
                                      ___________
       Introduced  by M. of A. CALHOUN, CROUCH, KOLB, HAWLEY -- Multi-Sponsored
         by -- M. of A.  BURLING, BUTLER, FINCH, FITZPATRICK,  GIGLIO,  JORDAN,
         McDONOUGH,  J. MILLER,  RABBITT, SAYWARD, TEDISCO, THIELE -- read once
         and referred to the Committee on Libraries and Education Technology
       AN ACT to amend the real property tax law  and  the  education  law,  in
         relation to school district libraries
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Section 1308 of the real property tax  law  is  amended  to
    2  read as follows:
    3    S 1308. Property subject to levy. [Except as provided in section thir-
    4  teen hundred ten of this chapter, school] SCHOOL district taxes shall be
    5  levied by the school authorities upon all real property within the boun-
    6  daries  of  the  district which is not by law exempt from such taxation.
    7  Such taxes shall be levied against each parcel of such real property. In
    8  all cases the levy shall be deemed as against the real property  itself.
    9  A  SCHOOL DISTRICT MAY LEVY LIBRARY TAXES IN ONLY ONE PART OF THE SCHOOL
   10  DISTRICT. The name of the owner, last known owner or reputed owner shall
   11  be regarded as an aid to identify such parcel.   A mistake in  any  such
   12  name shall not affect the validity of the levy against the parcel.
   13    S  2.  Section  261 of the education law, as amended by chapter 476 of
   14  the laws of 1977, is amended to read as follows:
   15    S 261. Incorporation.  Within one month after taking office, the first
   16  board of trustees of any such public library  or  Indian  library  shall
   17  apply  to  the  regents for a charter in accordance with the vote estab-
   18  lishing the library.  IF IT SHALL APPEAR TO THE REGENTS THAT THE SERVICE
   19  AREA PROPOSED FOR ANY SUCH PUBLIC LIBRARY  INCLUDES  ANY  AREAS  ALREADY
   20  SERVED  BY A CHARTERED LIBRARY, THE REGENTS SHALL DISAPPROVE SUCH APPLI-
   21  CATION AND THE CHARTER SHALL NOT BE GRANTED.
   22    S 3. Section 263 of the education law, as renumbered by chapter 273 of
   23  the laws of 1950, is amended to read as follows:
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD02729-01-1
       A. 3078                             2
    1    S 263. Reports. 1. Every  library  or  museum,  other  than  a  school
    2  library,  which enjoys any exemption from taxation or receives state aid
    3  or other privilege not usually accorded to business  corporations  shall
    4  make  the  report required by section two hundred fifteen of this [chap-
    5  ter]  ARTICLE, and such report shall relieve the institution from making
    6  any report now required by statute or charter to be made to the legisla-
    7  ture or to any department, court or other authority of the state.  These
    8  reports shall be summarized and transmitted to the  legislature  by  the
    9  regents with the annual reports of the university.
   10    2.  EVERY SCHOOL LIBRARY SHALL, ON OR BEFORE JANUARY THIRTY-FIRST, TWO
   11  THOUSAND TWELVE, REVIEW THEIR CHARTER TO DETERMINE IF ANY  PART  OF  ITS
   12  LIBRARY  SERVICE AREA INCLUDES PARCELS OF LAND ALREADY SERVED BY A CHAR-
   13  TERED LIBRARY. IF SUCH A SITUATION EXISTS, THE LIBRARY MUST FILE A CHAR-
   14  TER AMENDMENT WITH THE REGENTS, CHANGING THE SERVICE AREA OF THE LIBRARY
   15  TO EXCLUDE ANY SUCH PARCELS OF LAND.
   16    S 4. Subdivision 1 of section 272 of the education law is  amended  by
   17  adding a new paragraph m to read as follows:
   18    M.  THE  COMMISSIONER SHALL, FOR THE FIRST FIVE YEARS AFTER THE EFFEC-
   19  TIVE DATE OF THIS PARAGRAPH, HOLD HARMLESS, WITH FUNDING FROM THE STATE,
   20  ANY SCHOOL LIBRARIES WHICH LOSE  REVENUE  OVER  THE  PRIOR  YEAR  SOLELY
   21  BECAUSE  OF  THE  IMPACT  OF  THE AMENDMENTS TO SECTION THIRTEEN HUNDRED
   22  EIGHT OF THE REAL PROPERTY TAX LAW AND SECTIONS  TWO  HUNDRED  SIXTY-ONE
   23  AND  TWO  HUNDRED SIXTY-THREE OF THIS ARTICLE BY THE CHAPTER OF THE LAWS
   24  OF TWO THOUSAND TEN WHICH ADDED THIS PARAGRAPH IN THE FOLLOWING  AMOUNT:
   25  ONE  HUNDRED PERCENT OF SUCH AMOUNT IN THE FIRST YEAR; EIGHTY PERCENT OF
   26  SUCH AMOUNT IN THE SECOND YEAR; SIXTY PERCENT  OF  SUCH  AMOUNT  IN  THE
   27  THIRD  YEAR;  FORTY  PERCENT  OF  SUCH AMOUNT IN THE FOURTH YEAR; TWENTY
   28  PERCENT OF SUCH AMOUNT IN THE FIFTH YEAR; AND THEREAFTER  SUCH  PAYMENTS
   29  SHALL CEASE TO BE ALLOWED.
   30    S  5.  This  act shall take effect on the ninetieth day after it shall
   31  have become a law.