Bill Text: NY S04601 | 2015-2016 | General Assembly | Introduced


Bill Title: Authorizes a real property tax exemption for senior citizens in the town of Southampton equal to the exemption amount under the enhanced STAR program.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2016-01-06 - REFERRED TO AGING [S04601 Detail]

Download: New_York-2015-S04601-Introduced.html
                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
           S. 4601                                                  A. 6691
                              2015-2016 Regular Sessions
                             S E N A T E - A S S E M B L Y
                                    March 30, 2015
                                      ___________
       IN SENATE -- Introduced by Sen. LAVALLE -- read twice and ordered print-
         ed, and when printed to be committed to the Committee on Aging
       IN  ASSEMBLY  -- Introduced by M. of A. THIELE -- read once and referred
         to the Committee on Real Property Taxation
       AN ACT to amend the real property tax law, in relation  to  providing  a
         real  property  tax  exemption  for the senior citizens in the town of
         Southampton
         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 425-b to read as follows:
    3    S 425-B. REAL PROPERTY EXEMPTION PROGRAM FOR SENIOR CITIZENS  FOR  THE
    4  TOWN  OF  SOUTHAMPTON.  1.  GENERALLY.  WHEN  REAL PROPERTY RECEIVES THE
    5  ENHANCED STAR EXEMPTION FROM  SCHOOL  DISTRICT  TAXATION  AUTHORIZED  BY
    6  SECTION  FOUR  HUNDRED TWENTY-FIVE OF THIS TITLE, THE PROPERTY  SHALL BE
    7  DESIGNATED AS ELIGIBLE FOR A TOWN TAX EXEMPTION IN THE TOWN OF SOUTHAMP-
    8  TON ON THE SAME ASSESSMENT ROLL IN THE MANNER PROVIDED BY THIS  SECTION,
    9  AND  THE QUALIFIED OWNER-APPLICANT OR OWNER-APPLICANTS SHALL BE ENTITLED
   10  TO A TOWN TAX EXEMPTION IN  THE  SAME  AMOUNT  OF  THE  ENHANCED    STAR
   11  EXEMPTION  AUTHORIZED  BY SECTION FOUR HUNDRED TWENTY-FIVE OF THIS TITLE
   12  PROVIDED THAT THE TOWN  BOARD  OF  SOUTHAMPTON,  AFTER  PUBLIC  HEARING,
   13  ADOPTS A LOCAL LAW IMPLEMENTING THE PROVISIONS OF THIS SECTION. NO SEPA-
   14  RATE APPLICATION NEED BE FILED FOR SUCH TAX EXEMPTION.
   15    2. TOWN OF SOUTHAMPTON REAL PROPERTY TAX EXEMPTION. (A) SUBJECT TO THE
   16  PROVISIONS OF PARAGRAPH (B) OF THIS SUBDIVISION, THE ASSESSMENT FOR EACH
   17  ELIGIBLE  PARCEL  SHALL  BE  EQUAL TO   THE EXEMPT AMOUNT DETERMINED FOR
   18  PURPOSES OF THE ENHANCED  STAR  EXEMPTION  AUTHORIZED  BY  SECTION  FOUR
   19  HUNDRED  TWENTY-FIVE  OF  THIS TITLE FOR THE ASSESSING UNIT IN WHICH THE
   20  PARCEL IS LOCATED PURSUANT TO THE ENACTMENT OF A LOCAL LAW BY  THE  TOWN
   21  OF SOUTHAMPTON.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD08167-01-5
       S. 4601                             2                            A. 6691
    1    (B)  NOTWITHSTANDING  THE PROVISIONS OF PARAGRAPH (A) OF THIS SUBDIVI-
    2  SION, IN NO EVENT SHALL  THE  TOWN  OF  SOUTHAMPTON  REAL  PROPERTY  TAX
    3  EXEMPTION  ASSESSMENT  OF A PARCEL EXCEED THE  TAXABLE ASSESSED VALUE OF
    4  THAT PARCEL FOR COUNTY PURPOSES.
    5    3. ENTRY ON ASSESSMENT ROLL; EFFECT. EACH PARCEL WHICH IS ELIGIBLE FOR
    6  A TOWN OF SOUTHAMPTON REAL PROPERTY TAX EXEMPTION SHALL BE DESIGNATED AS
    7  SUCH  BY  THE ASSESSOR ON THE ASSESSMENT ROLL, PROVIDED, HOWEVER, THAT A
    8  TOWN OF SOUTHAMPTON REAL PROPERTY TAX EXEMPTION  SHALL  NOT  AFFECT  THE
    9  TOTAL OR TAXABLE ASSESSED VALUE OF ANY PARCEL FOR ANY PURPOSE, AND SHALL
   10  NOT  BE  CONSIDERED WHEN DETERMINING THE TAX RATE OF THE TOWN OR FOR ANY
   11  PURPOSE OTHER THAN  DETERMINING THE EXEMPTION TO WHICH THE  OWNER-APPLI-
   12  CANT  OR  OWNER-APPLICANTS ARE ENTITLED UNDER SECTION FOUR HUNDRED TWEN-
   13  TY-FIVE OF THIS TITLE.
   14    4. EXCEPTIONS. CO-OPERATIVE APARTMENT UNITS AND MOBILE HOMES. WHEN  AN
   15  ENHANCED STAR EXEMPTION IS GRANTED PURSUANT TO PARAGRAPH (K) OF SUBDIVI-
   16  SION  TWO  OF SECTION FOUR HUNDRED TWENTY-FIVE OF THIS TITLE IN RELATION
   17  TO A CO-OPERATIVE APARTMENT UNIT, OR PURSUANT TO PARAGRAPH (1)  OF  SUCH
   18  SUBDIVISION  IN RELATION TO A MOBILE HOME WHICH IS SEPARATELY OWNED FROM
   19  BUT ASSESSED WITH THE LAND ON WHICH IT IS LOCATED, AND SUCH CO-OPERATIVE
   20  APARTMENT UNIT OR MOBILE HOME IS ALSO ELIGIBLE FOR A TOWN OF SOUTHAMPTON
   21  REAL PROPERTY TAX EXEMPTION PURSUANT  TO  THIS  SECTION,  THE  EXEMPTION
   22  SHALL BE APPLIED TO THE PARCEL ITSELF. THE ASSESSOR SHALL PREPARE A LIST
   23  OR DATA FILE IDENTIFYING SUCH OWNER-APPLICANT OR OWNER-APPLICANTS, THEIR
   24  MAILING  ADDRESSES,  AND  THE  TAXABLE  ASSESSED VALUE FOR TOWN PURPOSES
   25  ATTRIBUTABLE TO THEIR RESPECTIVE CO-OPERATIVE APARTMENT UNITS OR  MOBILE
   26  HOMES,  AND  SHALL SUBMIT THE SAME TO THE STATE BOARD WITHIN THIRTY DAYS
   27  AFTER THE COMPLETION OF THE FINAL ASSESSMENT ROLL.  SUCH  LIST  OR  DATA
   28  FILE  SHALL  BE PREPARED IN SUCH FORM AND MANNER AS MAY BE PRESCRIBED BY
   29  THE STATE BOARD OF REAL PROPERTY SERVICES.
   30    5. CORRECTION OF AN INCORRECT ENTRY. AN INCORRECT ENTRY ON AN  ASSESS-
   31  MENT  ROLL  OF  A TOWN OF SOUTHAMPTON REAL PROPERTY TAX EXEMPTION MAY BE
   32  CORRECTED IN THE MANNER PROVIDED BY LAW FOR THE CORRECTION OF AN  INCOR-
   33  RECT  ENTRY  OF  THE  STAR  EXEMPTION AUTHORIZED BY SECTION FOUR HUNDRED
   34  TWENTY-FIVE OF THIS TITLE. A DENIAL OF A TOWN OF SOUTHAMPTON REAL  PROP-
   35  ERTY  TAX  EXEMPTION  SHALL  BE  SUBJECT  TO ADMINISTRATIVE AND JUDICIAL
   36  REVIEW IN THE MANNER PROVIDED BY LAW FOR THE  REVIEW OF ASSESSMENTS.
   37    6. INCONSISTENT LAWS SUPERSEDED. THE PROVISIONS OF THIS SECTION  SHALL
   38  APPLY TO ALL ASSESSING UNITS LOCATED WITHIN THE TOWN OF SOUTHAMPTON.
   39    S 2. This act shall take effect immediately.
feedback