Bill Text: NY A04588 | 2009-2010 | General Assembly | Amended

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Bill Title: Requires the establishment of a commercial assessment ratio for a county with a population of more than nine hundred twenty-three thousand, but less than nine hundred twenty-four thousand.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Engrossed - Dead) 2009-05-26 - REFERRED TO LOCAL GOVERNMENT [A04588 Detail]

Download: New_York-2009-A04588-Amended.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        4588--A
                              2009-2010 Regular Sessions
                                 I N  A S S E M B L Y
                                   February 5, 2009
                                      ___________
       Introduced  by M. of A. BRADLEY, GALEF, PAULIN, LATIMER -- read once and
         referred to the Committee on Real Property Taxation  --  reported  and
         referred  to  the Committee on Ways and Means -- committee discharged,
         bill amended, ordered reprinted as amended  and  recommitted  to  said
         committee
       AN  ACT  to  amend  the real property tax law, in relation to creating a
         county commercial assessment ratio
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  The  real  property  tax  law  is amended by adding a new
    2  section 1215 to read as follows:
    3    S 1215. ESTABLISHMENT OF A COUNTY COMMERCIAL ASSESSMENT RATIO.  1. FOR
    4  PURPOSES OF THIS SECTION:
    5    (A) "MARKET VALUE RATIO" MEANS THE RATIO OF  ASSESSED  VALUE  TO  FULL
    6  VALUE OF THE TAXABLE REAL PROPERTY ON A FINAL ASSESSMENT ROLL;
    7    (B)  "MAJOR  TYPE  B" PROPERTY MEANS A GROUP OF TAXABLE PARCELS DESIG-
    8  NATED AS COMMERCIAL PROPERTY INCLUDING APARTMENTS, INDUSTRIAL  PROPERTY,
    9  RECREATION  AND ENTERTAINMENT PROPERTY, TAXABLE COMMUNITY SERVICES PROP-
   10  ERTY, AND PUBLIC SERVICES PROPERTY NOT CONTAINED WITH MAJOR TYPE D PROP-
   11  ERTY: EXCEPT IN A HOMESTEAD ASSESSING UNIT, MAJOR TYPE B  PROPERTY  ALSO
   12  INCLUDES RESIDENTIAL PROPERTY NOT IN MAJOR TYPE A;
   13    (C) "NON-REASSESSMENT MUNICIPALITY" MEANS ANY MUNICIPALITY THAT IS NOT
   14  DESIGNATED AS A REASSESSMENT MUNICIPALITY;
   15    (D) "MAJOR TYPE A" PROPERTY MEANS RESIDENTIAL REAL PROPERTY OTHER THAN
   16  APARTMENTS,  EXCEPT  THAT  FOR  A HOMESTEAD ASSESSING UNIT, MAJOR TYPE A
   17  DESIGNATES THE HOMESTEAD CLASS AS DEFINED IN  SECTION  NINETEEN  HUNDRED
   18  ONE OF THIS CHAPTER; AND
   19    (E)  "MAJOR  TYPE D" DESIGNATES PUBLIC SERVICES UTILITY REAL PROPERTY,
   20  NOT INCLUDING CEILING RAILROAD AND SPECIAL FRANCHISE PROPERTY.
   21    2. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, FOR  AN
   22  ASSESSING  UNIT  CONTAINED  IN ANY COUNTY WITH A POPULATION OF MORE THAN
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD03364-03-9
       A. 4588--A                          2
    1  NINE  HUNDRED  TWENTY-THREE  THOUSAND  BUT  LESS   THAN   NINE   HUNDRED
    2  TWENTY-FOUR THOUSAND AS DETERMINED BY THE TWO THOUSAND FEDERAL DECENNIAL
    3  CENSUS  THERE  SHALL  BE  ESTABLISHED  A  COMMERCIAL ASSESSMENT RATIO AS
    4  FOLLOWS:
    5    (A)  SIXTY  DAYS PRIOR TO THE DATE FOR FILING THE TENTATIVE ASSESSMENT
    6  ROLL OF AN ASSESSING UNIT, THE STATE BOARD SHALL ESTABLISH  THE  COMMER-
    7  CIAL  ASSESSMENT  RATIO FOR SUCH CITY, TOWN OR VILLAGE PROVIDED THAT (I)
    8  THE STATE BOARD IS REQUIRED BY LAW TO  ESTABLISH  A  STATE  EQUALIZATION
    9  RATE  FOR SUCH CITY, TOWN OR VILLAGE, AND HAS ESTABLISHED SUCH EQUALIZA-
   10  TION RATE, AND (II) THAT SUCH CITY, TOWN OR VILLAGE  IS  NOT  A  SPECIAL
   11  ASSESSING  UNIT AS DEFINED IN SECTION EIGHTEEN HUNDRED ONE OF THIS CHAP-
   12  TER, AND (III) THE CITY, TOWN OR VILLAGE IS NOT COMPLETING A REVALUATION
   13  OR UPDATE. IN THE CASE OF A CITY IN A COUNTY HAVING A COUNTY  DEPARTMENT
   14  OF  ASSESSMENT  WITH  THE POWER TO ASSESS REAL PROPERTY, THE STATE BOARD
   15  ALSO SHALL ESTABLISH A COMMERCIAL ASSESSMENT RATIO FOR THAT  PORTION  OF
   16  THE  COUNTY  ROLL CONTAINING THE ASSESSMENTS OF TAXABLE REAL PROPERTY IN
   17  SUCH CITY.
   18    (B) SUCH COMMERCIAL ASSESSMENT RATIO SHALL BE THE MARKET  VALUE  RATIO
   19  FOR  MAJOR  TYPE  B  PROPERTY FOR NON-REASSESSMENT MUNICIPALITIES ESTAB-
   20  LISHED PURSUANT TO THE RULES, REGULATIONS AND PROCEDURES PROMULGATED  BY
   21  THE STATE BOARD FOR THE ESTABLISHMENT OF STATE EQUALIZATION RATES.
   22    (C) NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION ONE OF THIS SECTION,
   23  A  CITY,  TOWN,  OR  VILLAGE MAY BY LOCAL LAW PROVIDE THAT NO COMMERCIAL
   24  ASSESSMENT RATIO SHALL BE APPLICABLE WITHIN ITS JURISDICTION.
   25    S 2. Subparagraph 3 of paragraph (b) of subdivision 3 of  section  720
   26  of  the  real  property tax law is amended by adding a new clause (e) to
   27  read as follows:
   28    (E) IN ASSESSING UNITS THAT  HAVE  AN  ESTABLISHED  COUNTY  COMMERCIAL
   29  ASSESSMENT  RATIO  OTHER  THAN  SPECIAL  ASSESSING  UNITS  AS DEFINED IN
   30  SECTION EIGHTEEN HUNDRED ONE OF THIS CHAPTER, AND UPON THE REVIEW OF  AN
   31  ASSESSMENT OF MAJOR TYPE B PROPERTY AS DEFINED IN SECTION TWELVE HUNDRED
   32  FIFTEEN OF THIS CHAPTER, THE COMMERCIAL ASSESSMENT RATIO ESTABLISHED FOR
   33  THE ROLL CONTAINING THE ASSESSMENT UNDER REVIEW.
   34    S  3. This act shall take effect immediately and shall apply beginning
   35  with the 2009 assessment roll.