Bill Text: NY A05646 | 2013-2014 | General Assembly | Introduced

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Bill Title: Provides a real property tax rate freeze for persons over seventy years of age.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2014-01-08 - referred to real property taxation [A05646 Detail]

Download: New_York-2013-A05646-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         5646
                              2013-2014 Regular Sessions
                                 I N  A S S E M B L Y
                                     March 4, 2013
                                      ___________
       Introduced  by  M.  of  A.  ENGLEBRIGHT -- read once and referred to the
         Committee on Real Property Taxation
       AN ACT to amend the real property tax law, in relation to establishing a
         capped real property school tax rate for persons seventy years of  age
         or  older  who meet the eligibility requirements for the enhanced STAR
         exemption
         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 431 to read as follows:
    3    S 431. PERSONS SEVENTY YEARS OF AGE  OR  OVER;  CAPPED  REAL  PROPERTY
    4  SCHOOL  TAX RATE. 1. (A) RESIDENTIAL REAL PROPERTY OWNED AND OCCUPIED BY
    5  ONE OR MORE PERSONS, EACH OF WHOM IS SEVENTY YEARS OF AGE  OR  OVER  AND
    6  MEETS  EACH  OF  THE  REQUIREMENTS FOR THE ENHANCED EXEMPTION FOR SENIOR
    7  CITIZENS SET FORTH IN SECTION FOUR HUNDRED TWENTY-FIVE OF THIS  ARTICLE,
    8  OR RESIDENTIAL REAL PROPERTY OWNED AND OCCUPIED BY HUSBAND AND WIFE, ONE
    9  OF  WHOM  IS SEVENTY YEARS OF AGE OR OVER AND MEETS EACH OF THE REQUIRE-
   10  MENTS FOR THE ENHANCED  EXEMPTION  FOR  SENIOR  CITIZENS  SET  FORTH  IN
   11  SECTION  FOUR HUNDRED TWENTY-FIVE OF THIS ARTICLE, SHALL BE ELIGIBLE FOR
   12  THE CAPPED REAL PROPERTY SCHOOL TAX RATE  SET  FORTH  IN  THIS  SECTION,
   13  PROVIDED  THE SCHOOL DISTRICT, AFTER PUBLIC HEARING, ADOPTS A RESOLUTION
   14  PROVIDING THEREFOR.
   15    (B) FOR PURPOSES OF THIS  SECTION,  THE  TERM  "CAPPED  REAL  PROPERTY
   16  SCHOOL TAX RATE" SHALL MEAN THE LOWER OF:
   17    (I)  THE  REAL  PROPERTY  SCHOOL  TAX  RATE ESTABLISHED ON THE TAXABLE
   18  STATUS DATE NEXT SUCCEEDING THE DATE ON WHICH AN ELIGIBLE PERSON ATTAINS
   19  THE AGE OF SEVENTY YEARS; OR
   20    (II) THE REAL PROPERTY SCHOOL TAX  RATE  ESTABLISHED  ON  ANY  TAXABLE
   21  STATUS  DATE  SUBSEQUENT TO THE DATE ON WHICH AN ELIGIBLE PERSON ATTAINS
   22  THE AGE OF SEVENTY YEARS, WHICH IS LOWER THAN THE REAL  PROPERTY  SCHOOL
   23  TAX RATE ESTABLISHED PURSUANT TO SUBPARAGRAPH (I) OF THIS PARAGRAPH.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD06156-01-3
       A. 5646                             2
    1    (C) THE CAPPED REAL PROPERTY SCHOOL TAX RATE SHALL BE DETERMINED ANNU-
    2  ALLY  FOR  EACH ELIGIBLE PERSON SEVENTY YEARS OF AGE OR OLDER IN ACCORD-
    3  ANCE WITH THE PROVISIONS OF PARAGRAPHS (A) AND (B) OF THIS SUBDIVISION.
    4    2.  ANY  PERSON  ELIGIBLE FOR THE CAPPED REAL PROPERTY SCHOOL TAX RATE
    5  SHALL APPLY ANNUALLY FOR SUCH CAPPED RATE.  SUCH  APPLICATION  SHALL  BE
    6  MADE IN A MANNER AND FORM DETERMINED BY THE DEPARTMENT AND SHALL REQUIRE
    7  PROOF  OF  THE APPLICANT'S AGE. SUCH APPLICATION SHALL BE FILED WITH THE
    8  LOCAL ASSESSOR ON OR BEFORE THE TAXABLE STATUS DATE FOR SUCH DISTRICT.
    9    3. EVERY SCHOOL DISTRICT SHALL NOTIFY, OR CAUSE TO BE  NOTIFIED,  EACH
   10  PERSON  OWNING  RESIDENTIAL  REAL PROPERTY IN THE SCHOOL DISTRICT OF THE
   11  PROVISIONS OF THIS SECTION. THE PROVISIONS OF THIS  SUBDIVISION  MAY  BE
   12  MET  BY  A  NOTICE  SENT  TO SUCH PERSONS IN SUBSTANTIALLY THE FOLLOWING
   13  FORM: "RESIDENTIAL REAL PROPERTY OWNED BY PERSONS SEVENTY YEARS  OF  AGE
   14  OR  OLDER MAY BE ELIGIBLE FOR A CAPPED REAL PROPERTY SCHOOL TAX RATE. TO
   15  RECEIVE SUCH CAPPED RATE, ELIGIBLE OWNERS OF  QUALIFYING  PROPERTY  MUST
   16  FILE  AN APPLICATION WITH THEIR LOCAL ASSESSOR ON OR BEFORE THE APPLICA-
   17  BLE TAXABLE STATUS DATE. FOR FURTHER INFORMATION,  PLEASE  CONTACT  YOUR
   18  LOCAL ASSESSOR."
   19    4.  A SCHOOL DISTRICT WHICH PROVIDES A CAPPED REAL PROPERTY SCHOOL TAX
   20  RATE FOR PERSONS SEVENTY YEARS OF AGE OR OVER PURSUANT TO  THIS  SECTION
   21  SHALL  BE  ELIGIBLE FOR REIMBURSEMENT BY THE DEPARTMENT OF EDUCATION, AS
   22  APPROVED BY THE COMMISSIONER OF  EDUCATION,  IN  CONSULTATION  WITH  THE
   23  COMMISSIONER,  FOR ONE HUNDRED PERCENT OF THE DIRECT COST TO SUCH SCHOOL
   24  DISTRICT RESULTING FROM THE IMPLEMENTATION OF THIS SECTION. SUCH  DIRECT
   25  COST  SHALL BE CALCULATED PURSUANT TO REGULATIONS OF THE COMMISSIONER OF
   26  EDUCATION, IN CONSULTATION WITH  THE  COMMISSIONER.  A  CLAIM  FOR  SUCH
   27  REIMBURSEMENT SHALL BE MADE BY SUCH SCHOOL DISTRICT IN A MANNER AND FORM
   28  PRESCRIBED BY THE COMMISSIONER OF EDUCATION.
   29    S  2. This act shall take effect on the first of January next succeed-
   30  ing the date on which it shall have become a  law  and  shall  apply  to
   31  assessment rolls prepared on the basis of taxable status dates occurring
   32  on or after such date.