Bill Text: NY A08286 | 2011-2012 | General Assembly | Introduced

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Bill Title: Provides a cap on the maximum class growth rate at two and one-half percent for fiscal year 2012 in special assessing units which are cities.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2011-09-23 - signed chap.541 [A08286 Detail]

Download: New_York-2011-A08286-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         8286
                              2011-2012 Regular Sessions
                                 I N  A S S E M B L Y
                                     June 10, 2011
                                      ___________
       Introduced  by M. of A. FARRELL -- read once and referred to the Commit-
         tee on Ways and Means
       AN ACT to amend the real property tax law, in relation to  the  determi-
         nation  of  adjusted base proportions in special assessing units which
         are cities for the fiscal year 2012
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.   Subdivision 1 of section 1803-a of the real property tax
    2  law is amended by adding a new paragraph (w) to read as follows:
    3    (W) NOTWITHSTANDING THE PROVISIONS OF PARAGRAPH (C) OF  THIS  SUBDIVI-
    4  SION  TO  THE  CONTRARY, IN A SPECIAL ASSESSING UNIT WHICH IS A CITY AND
    5  FOR CURRENT BASE PROPORTIONS TO BE DETERMINED IN SUCH SPECIAL  ASSESSING
    6  UNIT'S  FISCAL  YEAR TWO THOUSAND TWELVE, THE CURRENT BASE PROPORTION OF
    7  ANY CLASS SHALL NOT EXCEED THE  ADJUSTED  BASE  PROPORTION  OR  ADJUSTED
    8  PROPORTION,  WHICHEVER IS APPROPRIATE, OF THE IMMEDIATELY PRECEDING YEAR
    9  BY MORE THAN TWO AND A HALF PERCENT.  WHERE  THE  COMPUTATION  PERFORMED
   10  PURSUANT  TO  PARAGRAPH  (B) OF THIS SUBDIVISION WOULD OTHERWISE PRODUCE
   11  SUCH RESULT, THE CURRENT BASE PROPORTION OF SUCH CLASS OR CLASSES  SHALL
   12  BE LIMITED TO A TWO AND A HALF PERCENT INCREASE AND THE LEGISLATIVE BODY
   13  OF  SUCH  SPECIAL ASSESSING UNIT SHALL ALTER THE CURRENT BASE PROPORTION
   14  OF ANY OR ALL REMAINING CLASSES SO THAT THE  SUM  OF  THE  CURRENT  BASE
   15  PROPORTIONS EQUALS ONE.
   16    S  2. In the event the special assessing unit which is a city has sent
   17  out real property tax bills for its fiscal year  2012  before  this  act
   18  shall  have become a law, the city shall take such actions as are neces-
   19  sary, consistent with applicable state and  local  law,  to  effect  the
   20  provisions  of  section  one of this act, including, but not limited to,
   21  revising the current base proportions  and  adjusted  base  proportions,
   22  resetting  the real property tax rates and sending amended real property
   23  tax bills.  Provided, however, that nothing herein shall  be  deemed  to
   24  affect the obligation of any taxpayer with respect to the payment of any
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD13046-01-1
       A. 8286                             2
    1  installment  of real property tax for such fiscal year which was due and
    2  payable prior to the date such amended real property tax bills are sent;
    3  for this purpose, such obligations shall  be  determined  in  accordance
    4  with  the  applicable  provisions of law that were in effect immediately
    5  prior to the effective date of this act, and such city shall be  author-
    6  ized to determine the date on which amended bills are to be sent and the
    7  installments of real property tax which are to be reflected therein.
    8    S 3. This act shall take effect immediately.