Assembly Bill A6163

2011-2012 Legislative Session

Relates to charges for counsel or experts fees in proceedings to review special franchise assessments

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Archive: Last Bill Status - In Assembly 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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2011-A6163 (ACTIVE) - Details

See Senate Version of this Bill:
S2386
Current Committee:
Assembly Real Property Taxation
Law Section:
Real Property Tax Law
Laws Affected:
Amd §742, RPT L
Versions Introduced in 2009-2010 Legislative Session:
S3045

2011-A6163 (ACTIVE) - Summary

Provides that charges for counsel or experts designated by the attorney general in proceedings to review special franchise assessments shall be borne by the state and not the assessing unit.

2011-A6163 (ACTIVE) - Bill Text download pdf 

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

                                  6163

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                              March 8, 2011
                               ___________

Introduced  by M. of A. MAGEE -- read once and referred to the Committee
  on Real Property Taxation

AN ACT to amend the real property tax law, in relation  to  charges  for
  counsel or experts in certain review proceedings

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

  Section 1. Section 742 of the real property tax law, subdivision 1  as
amended  by  chapter  732  of  the laws of 1983, the section heading and
subdivision 1 as further amended by section 1 of part W of chapter 56 of
the laws of 2010, is amended to read as follows:
  S 742.  Appearance by commissioner in proceeding to review  a  special
franchise  assessment.  [1.] In any proceeding to review a special fran-
chise assessment, the commissioner may appear by counsel  designated  by
the  attorney general.   The attorney general or such counsel may employ
experts.  The compensation of such counsel and experts and their  neces-
sary  expenses  incurred  in such proceeding and upon any appeal therein
shall be BORNE BY THE STATE AND SHALL NOT BE a charge upon the assessing
unit upon whose rolls appears the assessment sought to be reviewed  [and
the amount thereof shall be audited, allowed and paid in the same manner
as  other  claims against the assessing unit.  Where the assessment of a
special franchise in more than one assessing unit  is  reviewed  in  one
proceeding,  separate  accounts for such compensation and expenses shall
be rendered to the proper officer of each of the  assessing  units.  Any
charge  imposed  pursuant  to  this  subdivision  shall  be  limited  to
proceedings commenced by a special franchise owner.
  2.  If provision has not been made for the payment of such expense  in
any  year, the officers who are empowered by law to make such provisions
in any assessing unit shall raise such amount as may be necessary in any
manner provided by law and shall pay such expense therefrom].
  S 2. This act shall take effect immediately.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05747-02-1

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