NY State Senate Bill 2009-S3055

Archive: Last Bill Status - In Senate Committee Local Government Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2010	referred to local government
Mar 10, 2009	referred to local government

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2009-S3055 (ACTIVE) - Details

See Assembly Version of this Bill:: A5348
Current Committee:: Senate Local Government
Law Section:: Real Property Tax Law
Laws Affected:: Amd §425, RPT L
Versions Introduced in Other Legislative Sessions:: 2011-2012: S2376, A6214
2013-2014: S3050, A2641

2009-S3055 (ACTIVE) - Summary

Provides school tax exemption relief (STAR) to small business with 20 or fewer employees.

2009-S3055 (ACTIVE) - Sponsor Memo

2009-S3055 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  3055

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             March 10, 2009
                               ___________

Introduced  by  Sens.  SEWARD,  ALESI,  BONACIC, DeFRANCISCO, FUSCHILLO,
  GOLDEN, LARKIN,  MAZIARZ,  MORAHAN,  NOZZOLIO,  PADAVAN,  RANZENHOFER,
  VOLKER  --  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 extending  the
  benefits of the STAR program to small businesses

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivision 3 of section 425 of the real property tax  law,
as  added  by  section  1  of part B of chapter 389 of the laws of 1997,
paragraph (a) as amended by chapter 264 of the laws of  2000,  paragraph
(d)  as added by chapter 443 of the laws of 2003, paragraph (e) as added
by section 2 of part W of chapter 57 of the laws of 2008, is amended  to
read as follows:
  3.   Eligibility  requirements.  (a)  Property  use.  To  qualify  for
exemption pursuant to this section, the property must be a one,  two  or
three family residence, a farm dwelling, A SMALL BUSINESS or residential
property  held  in  condominium or cooperative form of ownership. If the
property is not an eligible type of property, but a portion of the prop-
erty is partially used by the owner as a primary residence, that portion
which is so used shall be entitled to the  exemption  provided  by  this
section;  provided  that  in  no  event  shall  the exemption exceed the
assessed value attributable to that portion.
  (b) Primary residence. The property must serve as  the  primary  resi-
dence  of  one  or  more  of the owners thereof, UNLESS SUCH PROPERTY IS
OWNED BY A SMALL BUSINESS AS DEFINED IN PARAGRAPH (F) OF  THIS  SUBDIVI-
SION.
  (c)  Trusts.  If  legal  title  to the property is held by one or more
trustees, the beneficial owner or owners shall  be  deemed  to  own  the
property for purposes of this subdivision.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02289-01-9

S. 3055                             2

  (d)  Farm  dwellings  not owned by the resident. (i) If legal title to
the farm dwelling is held by an S-corporation or by a C-corporation, the
exemption shall be granted if the property serves as the  primary  resi-
dence of a shareholder of such corporation.
  (ii) If the legal title to the farm dwelling is held by a partnership,
the  exemption  shall  be  granted if the property serves as the primary
residence of one or more of the partners.
  (iii) Any information deemed necessary  to  establish  shareholder  or
partner status for eligibility purposes shall be considered confidential
and exempt from the freedom of information law.
  (e)  Dwellings  owned by limited partnerships. (i) If legal title to a
dwelling is held by a limited partnership, the exemption shall be grant-
ed if the property serves as the primary residence of one or more of the
partners, provided that the limited partnership which holds title to the
property does not engage in any commercial activity,  that  the  limited
partnership  was  lawfully created to hold title solely for estate plan-
ning and asset protection purposes, and that the partner or partners who
primarily reside thereon personally pay all of the real  property  taxes
and other costs associated with the property's ownership.
  (ii)  Any information deemed necessary to establish partner status for
eligibility purposes shall be considered confidential  and  exempt  from
the freedom of information law.
  (F)  FOR  THE  PURPOSES  OF THIS SUBDIVISION THE TERM "SMALL BUSINESS"
SHALL MEAN A BUSINESS WHICH EMPLOYS TWENTY PERSONS OR LESS.
  S 2. This act shall take effect immediately and  shall  apply  to  all
taxable years beginning on and after January 1, 2010.

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Senate Bill S3055

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