Bill Text: NY S04522 | 2013-2014 | General Assembly | Introduced

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Bill Title: Relates to providing state aid to public school districts in which tax exempt entities are situated.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2014-01-08 - REFERRED TO LOCAL GOVERNMENT [S04522 Detail]

Download: New_York-2013-S04522-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         4522
                              2013-2014 Regular Sessions
                                   I N  S E N A T E
                                     April 8, 2013
                                      ___________
       Introduced  by  Sen. TKACZYK -- read twice and ordered printed, and when
         printed to be committed to the Committee on Local Government
       AN ACT to amend the real property tax  law,  in  relation  to  providing
         state aid to certain public school districts in which tax exempt enti-
         ties  are  situated;  and  providing for the repeal of such provisions
         upon expiration thereof
         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 546-a to read as follows:
    3    S 546-A. STATE AID; EXEMPT LANDS OF TAX EXEMPT  ENTITIES.  1.  IN  ANY
    4  PUBLIC  SCHOOL  DISTRICT  IN  WHICH MORE THAN TWENTY-FIVE PERCENT OF THE
    5  TOTAL ASSESSED VALUE OF REAL PROPERTY  THEREIN,  AS  DETERMINED  BY  THE
    6  ASSESSOR  OF  SUCH  DISTRICT, IS OWNED BY TAX EXEMPT ENTITIES, THE STATE
    7  SHALL MAKE PAYMENTS TO THOSE PUBLIC SCHOOL DISTRICTS IN ACCORDANCE  WITH
    8  THIS SECTION.
    9    2.  THE  COMPTROLLER  SHALL  CREATE  THE  FORM OF APPLICATION A PUBLIC
   10  SCHOOL DISTRICT MUST USE WHEN  MAKING  A  SUBMISSION  PURSUANT  TO  THIS
   11  SECTION.  THE  COMPTROLLER  SHALL  ALSO  ESTABLISH THE DATE BY WHICH ALL
   12  APPLICATIONS MUST BE SUBMITTED. NO APPLICATIONS  FOR  PAYMENT  SHALL  BE
   13  ACCEPTED AFTER THE DATE ESTABLISHED BY THE COMPTROLLER.
   14    3.  THE COMMISSIONER SHALL MAKE PAYMENTS, THE AGGREGATE OF WHICH SHALL
   15  NOT EXCEED TWO MILLION FIVE HUNDRED THOUSAND DOLLARS PER YEAR, TO PUBLIC
   16  SCHOOL DISTRICTS, ELIGIBLE PURSUANT TO SUBDIVISION ONE OF THIS  SECTION,
   17  THAT  HAVE MADE TIMELY APPLICATION THEREFOR. FOR EACH SUCH PUBLIC SCHOOL
   18  DISTRICT, THE PAYMENT SHALL BE COMPUTED AS FOLLOWS:
   19    (A) TAKE THE TOTAL VALUE OF REAL PROPERTY OWNED BY TAX EXEMPT ENTITIES
   20  IN THE PUBLIC SCHOOL DISTRICT MULTIPLIED BY THE APPLICABLE  EQUALIZATION
   21  RATE,
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD10008-03-3
       S. 4522                             2
    1    (B)  FROM  THAT SUBTRACT TWENTY-FIVE PERCENT OF THE TOTAL VALUE OF ALL
    2  PROPERTY IN THE PUBLIC SCHOOL  DISTRICT  MULTIPLIED  BY  THE  APPLICABLE
    3  EQUALIZATION RATE,
    4    (C)  MULTIPLY THE DIFFERENCE BY THE TAX RATE FOR THE APPLICABLE PUBLIC
    5  SCHOOL DISTRICT.
    6    4. IF THE TOTAL AGGREGATE  AMOUNT  OF  PAYMENTS  REQUESTED  BY  PUBLIC
    7  SCHOOL  DISTRICTS  EXCEEDS  THE TWO MILLION FIVE HUNDRED THOUSAND DOLLAR
    8  CAP ALLOWED UNDER SUBDIVISION THREE OF  THIS  SECTION,  THE  COMPTROLLER
    9  SHALL  MAKE  THE  PAYMENTS  TO  EACH PUBLIC SCHOOL DISTRICT ON A PROPOR-
   10  TIONATE BASIS.
   11    5. THE COMMISSIONER SHALL PROMULGATE ALL RULES AND REGULATIONS  NECES-
   12  SARY FOR THE IMPLEMENTATION OF THE PROVISIONS OF THIS SECTION.
   13    6.  WHEN  CALCULATING THE ASSESSED VALUE OF ANY PARCEL OF PROPERTY FOR
   14  PURPOSES OF THIS SECTION, THE VALUE IN ANY YEAR MAY NOT BE GREATER  THAN
   15  THE  BASE YEAR PLUS TWO PERCENT FOR EACH ADDITIONAL YEAR BEYOND THE BASE
   16  YEAR. THE BASE YEAR FOR ALL PROPERTY FOR PURPOSES OF THIS SECTION  SHALL
   17  BE  THE ASSESSED VALUE OF SUCH PROPERTY FOR THE TWO THOUSAND TWELVE--TWO
   18  THOUSAND THIRTEEN ASSESSMENT ROLL.
   19    7. THE ASSESSED VALUE OF ANY PROPERTY THAT RECEIVES TAX EXEMPT  STATUS
   20  AFTER THE EFFECTIVE DATE OF THIS SECTION MUST BE EQUIVALENT TO SIMILARLY
   21  SITUATED PARCELS. THE COMMISSIONER MAY REFUSE TO INCLUDE A PARCEL IN THE
   22  CALCULATIONS  REQUIRED  BY  THIS  SECTION IF THE COMMISSIONER DETERMINES
   23  THAT THE  ASSESSED  VALUE  OF  SUCH  PARCEL  IS  ARTIFICIALLY  HIGH  AND
   24  DISPROPORTIONATE TO THE TAXABLE PARCELS LOCATED WITHIN THE PUBLIC SCHOOL
   25  DISTRICTS.
   26    S  2. This act shall take effect on the first of January next succeed-
   27  ing the date on which it shall have become a  law  and  shall  apply  to
   28  assessment rolls prepared on the basis of taxable status dates occurring
   29  on  or  after  such effective date.  This act shall expire and be deemed
   30  repealed following the 2022-23 assessment role.  Effective  immediately,
   31  any  rules and regulations necessary to implement the provisions of this
   32  act on its effective date are authorized to be made on  or  before  such
   33  date.