Bill Text: NY A09533 | 2013-2014 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Authorizes towns with a population between fifty-six thousand seven hundred and fifty-six thousand eight hundred based upon the two thousand ten federal census to enact a hospitality business investment real property tax exemption.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2014-06-19 - substituted by s7229b [A09533 Detail]

Download: New_York-2013-A09533-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
           S. 7229                                                  A. 9533
                             S E N A T E - A S S E M B L Y
                                      May 6, 2014
                                      ___________
       IN SENATE -- Introduced by Sen. LAVALLE -- read twice and ordered print-
         ed, and when printed to be committed to the Committee on Local Govern-
         ment
       IN  ASSEMBLY  -- Introduced by M. of A. THIELE -- read once and referred
         to the Committee on Real Property Taxation
       AN ACT in relation to authorizing the town  of  Southampton,  county  of
         Suffolk  to  enact a hospitality business investment real property tax
         exemption
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1. Notwithstanding any provision of law to the contrary, real
    2  property within the town of Southampton, county of Suffolk  constructed,
    3  altered,  installed  or  improved, subsequent to January 1, 2015 for the
    4  purpose of hospitality business activity, as defined in section five  of
    5  this  act,  shall be exempt from taxation and special ad valorem levies,
    6  except for special ad valorem levies for fire district, fire  protection
    7  district  and  fire  alarm  district purposes, to the extent hereinafter
    8  provided.
    9    S 2. (a) Such real property shall be exempt for a period of  one  year
   10  to  the  extent  of  fifty  per centum of the increase in assessed value
   11  thereof attributable to such construction, alteration,  installation  or
   12  improvement  and for an additional period of nine years provided, howev-
   13  er, that the extent of such exemption shall be  decreased  by  five  per
   14  centum  each  year  during such additional period of nine years and such
   15  exemption shall be computed with respect to the  "exemption  base".  The
   16  exemption  base shall be the increase in assessed value as determined in
   17  the initial year of such ten year period  following  the  filing  of  an
   18  original application.
   19    (b)  The  following  table shall illustrate the computation of the tax
   20  exemption:
   21              Year of exemption          Percentage of exemption
   22                      1                             50
   23                      2                             45
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD14898-02-4
       S. 7229                             2                            A. 9533
    1                      3                             40
    2                      4                             35
    3                      5                             30
    4                      6                             25
    5                      7                             20
    6                      8                             15
    7                      9                             10
    8                      10                            5
    9    (c)  No  such exemption shall be granted unless (1) such construction,
   10  alteration, installation or improvement was commenced subsequent to  the
   11  first  day  of  January,  2015 or such later date as may be specified by
   12  local law or resolution; (2) the cost of such construction,  alteration,
   13  installation  or  improvement  exceeds  the  sum of one hundred thousand
   14  dollars or such greater amount as may  be  specified  by  local  law  or
   15  resolution;  and  (3)  such  construction,  alteration,  installation or
   16  improvement is completed as may be evidenced by a certificate  of  occu-
   17  pancy or other appropriate documentation as provided by the owner.
   18    (d)  For  purposes  of  this  act  the terms construction, alteration,
   19  installation and improvement shall not include ordinary maintenance  and
   20  repairs.
   21    S  3.  Such  exemption  shall  be granted only upon application by the
   22  owner of such real property on a form prescribed by the commissioner  of
   23  taxation  and finance. Such application shall be filed with the assessor
   24  of the town on or before the appropriate taxable status date of the town
   25  within one year from the date of completion of such construction, alter-
   26  ation, installation or improvement.
   27    S 4. If the assessor is satisfied that the applicant is entitled to an
   28  exemption pursuant to this act, he or she shall approve the  application
   29  and  such  real  property  shall  thereafter be exempt from taxation and
   30  special ad valorem levies, except for special ad valorem levies for fire
   31  district, fire protection district and fire alarm district purposes,  as
   32  herein  provided  commencing with the assessment roll prepared after the
   33  taxable status date referred to  in  section  three  of  this  act.  The
   34  assessed  value  of any exemption granted pursuant to this section shall
   35  be entered by the assessor on the assessment roll with the taxable prop-
   36  erty, with the amount of the exemption shown in a separate column.
   37    S 5. The provisions of this act shall  only  apply  to  real  property
   38  within  the  town of Southampton used primarily for hospitality business
   39  activity. For the purposes of this act, "hospitality business  activity"
   40  shall  mean  the  commercial  furnishing  of accommodations to overnight
   41  transient guests, including but not limited to hotels, motels,  and  bed
   42  and  breakfasts. A transient guest shall be defined as one whose stay on
   43  such property is daily or weekly, but not  to  exceed  31  days  in  any
   44  calendar year.
   45    S  6. In the event that real property granted an exemption pursuant to
   46  this section ceases to be used  primarily  for  eligible  purposes,  the
   47  exemption granted pursuant to this section shall cease.
   48    S  7.  In the town of Southampton, any local government, by local law,
   49  and any school district, by resolution,  may  reduce  the  percentum  of
   50  exemption  otherwise  allowed  pursuant  to this act; provided, however,
   51  that a project in course of construction and exemptions  existing  prior
   52  in  time  to  passage  of  any such local law or resolution shall not be
   53  subject to any such reduction  so  effected.  Any  local  government  or
   54  school  district that has reduced the percentum of exemption pursuant to
   55  this section may thereafter, by local law or resolution as the case  may
   56  be,  increase the percentum of exemption up to any percentum not exceed-
       S. 7229                             3                            A. 9533
    1  ing the maximum allowed by section two of this act, whichever is  appli-
    2  cable,  provided,  however,  that any such local law or resolution shall
    3  apply only to construction, alterations, installations, or  improvements
    4  commenced  subsequent  to the effective date of such local law or resol-
    5  ution. A copy of all such local laws or resolutions shall be filed  with
    6  the assessor of the town and the commissioner of taxation and finance.
    7    S 8. This act shall take effect immediately.