senate Bill S1465A

Provides nonprofit organizations real property exemption, at local option, for those promptly applying that purchase after municipality's taxable status date

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 07 / Jan / 2011
    • REFERRED TO LOCAL GOVERNMENT
  • 02 / May / 2011
    • AMEND AND RECOMMIT TO LOCAL GOVERNMENT
  • 02 / May / 2011
    • PRINT NUMBER 1465A
  • 11 / May / 2011
    • 1ST REPORT CAL.624
  • 16 / May / 2011
    • 2ND REPORT CAL.
  • 17 / May / 2011
    • ADVANCED TO THIRD READING
  • 16 / Jun / 2011
    • PASSED SENATE
  • 16 / Jun / 2011
    • DELIVERED TO ASSEMBLY
  • 16 / Jun / 2011
    • REFERRED TO WAYS AND MEANS
  • 04 / Jan / 2012
    • DIED IN ASSEMBLY
  • 04 / Jan / 2012
    • RETURNED TO SENATE
  • 04 / Jan / 2012
    • REFERRED TO LOCAL GOVERNMENT
  • 29 / Feb / 2012
    • 1ST REPORT CAL.208
  • 01 / Mar / 2012
    • 2ND REPORT CAL.
  • 05 / Mar / 2012
    • ADVANCED TO THIRD READING
  • 20 / Mar / 2012
    • PASSED SENATE
  • 20 / Mar / 2012
    • DELIVERED TO ASSEMBLY
  • 20 / Mar / 2012
    • REFERRED TO WAYS AND MEANS

Summary

Grants a real property tax exemption, at the option of the local taxing authority, to nonprofit organizations that purchase real property after the particular municipality's levy of taxes or taxable status date if the organization files an application for exemption with the assessor.

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Bill Details

See Assembly Version of this Bill:
A7221
Versions:
S1465
S1465A
Legislative Cycle:
2011-2012
Current Committee:
Law Section:
Real Property Tax Law
Laws Affected:
Amd ยงยง420-a & 420-b, RPT L

Sponsor Memo

BILL NUMBER:S1465A

TITLE OF BILL:
An act
to amend the real property tax law, in relation to granting a real
property tax exemption to nonprofit organizations that purchase real
property after the taxable status date

This law shall take effect on the first of July next succeeding the
date on which it is passed.

PURPOSE OR GENERAL IDEA OF BILL:
To authorize local municipal corporations (after local law adopted) to
accept and administer nonprofit tax exemption applications after the
taxable status date under certain circumstances.

SUMMARY OF SPECIFIC PROVISIONS:
This bill would provider at the option of the locality, that when a
not-for-profit organization purchases property after the taxable
status date, it will be permitted to submit an application for a real
property tax exemption to the assessor. This bill also establishes
procedures to change the assessment roll and allow for the exemption
benefits granted upon purchase of property after the taxable status
date to be applied against the eligible individual's tax levy of the
subsequent year. If the municipal corporation has received
reimbursement for the tax credit owed to the not-for-profit
organization, the tax credit shall be paid to the municipal
corporation making the tax payment.

JUSTIFICATION:
Currently, nonprofit organizations that are eligible for a real
property tax exemption do not receive it immediately, after the
purchase of property. They must pay the full amount of taxes, in some
cases up to almost two years after purchasing the property. Since the
State has deemed it proper to immediately tax property sold by
someone receiving a real property tax exemption to a purchaser not
entitled to an exemption, it is equally proper to grant immediate
exempt status to property purchased by a nonprofit organization
eligible for real property tax exemption.

LEGISLATIVE HISTORY:
2007/08: S.3313A - Local Government
2005/06: S.4245 - Local Government
2003/04: S.447 - Local Government
2001/02: A.7589 - Passed Assembly
1999/00: A.2714 - Passed Assembly
1997/98: A. 3982 - Passed Assembly
1995-96: A.9080 - Reported to Ways & Means

FISCAL IMPLICATIONS:
None to the state.

EFFECTIVE DATE:
Ninetieth day succeeding enactment.


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

                                 1465--A

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             January 7, 2011
                               ___________

Introduced  by  Sen.  HANNON -- read twice and ordered printed, and when
  printed to be committed  to  the  Committee  on  Local  Government  --
  committee  discharged,  bill amended, ordered reprinted as amended and
  recommitted to said committee

AN ACT to amend the real property tax law, in  relation  to  granting  a
  real  property  tax exemption to nonprofit organizations that purchase
  real property after the taxable status date

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

  Section  1.   Subdivision 13 of section 420-a of the real property tax
law, as added by chapter 630 of the laws of 1997, is renumbered subdivi-
sion 15 and a new subdivision 16 is added to read as follows:
  16. (A) (I) FOR THE PURPOSES OF THIS  SUBDIVISION,  "MUNICIPAL  CORPO-
RATION"  SHALL  MEAN  A  COUNTY,  CITY, TOWN, VILLAGE OR SCHOOL DISTRICT
WHICH, AFTER PUBLIC HEARING, ADOPTS A LOCAL  LAW,  ORDINANCE  OR  RESOL-
UTION,  PROVIDING THAT THIS SUBDIVISION SHALL BE APPLICABLE TO NONPROFIT
ORGANIZATIONS WITHIN ITS JURISDICTION.  SUCH  LOCAL  LAW,  ORDINANCE  OR
RESOLUTION  SHALL  APPLY TO PROPERTY TRANSFERS OCCURRING ON OR AFTER THE
EFFECTIVE DATE OF SUCH LOCAL LAW, ORDINANCE OR  RESOLUTION.  A  COPY  OF
SUCH  LOCAL LAW, ORDINANCE OR RESOLUTION SHALL BE FILED WITH THE COMMIS-
SIONER.
  (II) WHERE A NONPROFIT ORGANIZATION THAT MEETS THE REQUIREMENTS FOR AN
EXEMPTION PURSUANT TO THIS SECTION, PURCHASES PROPERTY AFTER THE LEVY OF
TAXES, SUCH NONPROFIT ORGANIZATION MAY, IF PERMITTED  BY  A  LOCAL  LAW,
ORDINANCE  OR  RESOLUTION  OF  THE  MUNICIPAL  CORPORATION  IN WHICH THE
NONPROFIT ORGANIZATION IS LOCATED, FILE  AN  APPLICATION  FOR  EXEMPTION
WITH  THE  ASSESSOR  NO LATER THAN THE TIME SPECIFIED IN SUCH LOCAL LAW,
ORDINANCE OR RESOLUTION.   THE ASSESSOR SHALL MAKE  A  DETERMINATION  OF
WHETHER  THE  PARCEL  WOULD  HAVE QUALIFIED FOR EXEMPT STATUS ON THE TAX
ROLL ON WHICH THE TAXES WERE LEVIED, HAD TITLE TO THE PARCEL BEEN IN THE
NAME OF THE APPLICANT ON THE TAXABLE STATUS DATE APPLICABLE TO  THE  TAX

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05717-03-1

S. 1465--A                          2

ROLL. THE APPLICATION SHALL BE ON A FORM PRESCRIBED BY THE COMMISSIONER.
THE  ASSESSOR,  NO LATER THAN THIRTY DAYS AFTER RECEIPT OF SUCH APPLICA-
TION, SHALL NOTIFY BOTH  THE  APPLICANT  AND  THE  BOARD  OF  ASSESSMENT
REVIEW, BY FIRST CLASS MAIL, OF THE EXEMPT AMOUNT, IF ANY, AND THE RIGHT
OF THE OWNER TO A REVIEW OF THE EXEMPT AMOUNT UPON THE FILING OF A WRIT-
TEN  COMPLAINT.  SUCH  COMPLAINT  SHALL  BE  ON A FORM PRESCRIBED BY THE
COMMISSIONER AND SHALL BE FILED WITH  THE  BOARD  OF  ASSESSMENT  REVIEW
WITHIN  TWENTY  DAYS  OF  THE MAILING OF SUCH NOTICE. IF NO COMPLAINT IS
RECEIVED, THE BOARD OF ASSESSMENT REVIEW SHALL SO  NOTIFY  THE  ASSESSOR
AND  THE EXEMPT AMOUNT DETERMINED BY THE ASSESSOR SHALL BE FINAL. IF THE
APPLICANT FILES A COMPLAINT, THE BOARD OF ASSESSMENT REVIEW SHALL SCHED-
ULE A TIME AND PLACE FOR A HEARING WITH RESPECT THERETO  NO  LATER  THAN
THIRTY  DAYS AFTER THE MAILING OF THE NOTICE BY THE ASSESSOR.  THE BOARD
OF ASSESSMENT REVIEW SHALL MEET AND DETERMINE  THE  EXEMPT  AMOUNT,  AND
SHALL  IMMEDIATELY NOTIFY THE ASSESSOR AND THE APPLICANT, BY FIRST CLASS
MAIL, OF ITS DETERMINATION. THE AMOUNT OF EXEMPTION DETERMINED  PURSUANT
TO  THIS  PARAGRAPH  SHALL  BE  SUBJECT TO REVIEW AS PROVIDED IN ARTICLE
SEVEN OF THIS CHAPTER. SUCH A PROCEEDING SHALL BE COMMENCED WITHIN THIR-
TY DAYS OF THE MAILING OF THE NOTICE OF THE BOARD OF  ASSESSMENT  REVIEW
TO THE NEW OWNER AS PROVIDED IN THIS PARAGRAPH.
  (III) UPON RECEIPT OF A DETERMINATION OF THE EXEMPT AMOUNT AS PROVIDED
IN SUBPARAGRAPH (II) OF THIS PARAGRAPH, THE ASSESSOR SHALL DETERMINE THE
PRO  RATA  EXEMPTION  TO BE CREDITED TOWARD SUCH PROPERTY BY MULTIPLYING
THE TAX RATE OR TAX RATES FOR EACH MUNICIPAL  CORPORATION  WHICH  LEVIED
TAXES,  OR FOR WHICH TAXES WERE LEVIED, ON THE APPROPRIATE TAX ROLL USED
FOR THE FISCAL YEAR OR YEARS DURING WHICH THE  TRANSFER  OCCURRED  TIMES
THE EXEMPT AMOUNT, AS DETERMINED IN SUBPARAGRAPH (II) OF THIS PARAGRAPH,
TIMES  THE FRACTION OF EACH FISCAL YEAR OR YEARS REMAINING SUBSEQUENT TO
THE TRANSFER OF TITLE.  THE ASSESSOR SHALL IMMEDIATELY TRANSMIT A STATE-
MENT OF THE PRO RATA EXEMPTION CREDIT DUE TO EACH MUNICIPAL  CORPORATION
WHICH  LEVIED  TAXES OR FOR WHICH TAXES WERE LEVIED ON THE TAX ROLL USED
FOR THE FISCAL YEAR OR YEARS DURING WHICH THE TRANSFER OCCURRED  AND  TO
THE APPLICANT.
  (IV)  EACH  MUNICIPAL  CORPORATION  WHICH  RECEIVES NOTICE OF PRO RATA
EXEMPTION CREDITS PURSUANT TO THIS SUBDIVISION SHALL INCLUDE  AN  APPRO-
PRIATION  IN  ITS BUDGET FOR THE NEXT FISCAL YEAR EQUAL TO THE AGGREGATE
AMOUNT OF SUCH CREDITS TO BE  APPLIED  IN  THAT  FISCAL  YEAR.  WHERE  A
PARCEL,  THE  OWNER OF WHICH IS ENTITLED TO A PRO RATA EXEMPTION CREDIT,
IS SUBJECT TO TAXATION IN SAID NEXT FISCAL YEAR, THE RECEIVER OR COLLEC-
TOR SHALL APPLY THE CREDIT TO REDUCE THE AMOUNT OF TAXES  OWED  FOR  THE
PARCEL  IN SUCH FISCAL YEAR. PRO RATA EXEMPTION CREDITS IN EXCESS OF THE
AMOUNT OF TAXES, IF ANY, OWED FOR THE PARCEL SHALL BE PAID BY THE TREAS-
URER OF A MUNICIPAL CORPORATION WHICH LEVIES SUCH TAXES FOR OR ON BEHALF
OF THE MUNICIPAL CORPORATION TO ALL OWNERS OF PROPERTY ENTITLED TO  SUCH
CREDITS  WITHIN  THIRTY DAYS OF THE EXPIRATION OF THE WARRANT TO COLLECT
TAXES IN SAID NEXT FISCAL YEAR.   NOTWITHSTANDING THE  FOREGOING,  WHERE
THE  MUNICIPAL  CORPORATION  HAS  BEEN  REIMBURSED  BY ANOTHER MUNICIPAL
CORPORATION FOR THE TAX CREDIT TO BE PAID TO THE OWNER PURSUANT TO  THIS
SUBDIVISION,  SUCH  CREDIT  SHALL  BE PAID TO SUCH MUNICIPAL CORPORATION
INSTEAD OF SUCH OWNER.
  (B) (I) NOTWITHSTANDING  THE  PROVISIONS  OF  THIS  SECTION,  WHERE  A
NONPROFIT  ORGANIZATION  THAT  MEETS  THE  REQUIREMENTS FOR AN EXEMPTION
PURSUANT TO THIS SECTION, PURCHASES PROPERTY AFTER  THE  TAXABLE  STATUS
DATE BUT PRIOR TO THE LEVY OF TAXES, SUCH NONPROFIT ORGANIZATION MAY, IF
PERMITTED  BY  A  LOCAL  LAW,  ORDINANCE  OR RESOLUTION OF THE MUNICIPAL
CORPORATION IN WHICH THE NONPROFIT  ORGANIZATION  IS  LOCATED,  FILE  AN

S. 1465--A                          3

APPLICATION FOR AN EXEMPTION WITH THE ASSESSOR WITHIN THIRTY DAYS OF THE
TRANSFER  OF  TITLE  TO SUCH NONPROFIT ORGANIZATION.  THE ASSESSOR SHALL
MAKE A DETERMINATION WITHIN THIRTY DAYS AFTER RECEIPT OF  SUCH  APPLICA-
TION OF WHETHER THE APPLICANT WOULD QUALIFY FOR AN EXEMPTION PURSUANT TO
THIS SECTION ON THE ASSESSMENT ROLL IF TITLE HAD BEEN IN THE NAME OF THE
APPLICANT ON THE TAXABLE STATUS DATE APPLICABLE TO SUCH ASSESSMENT ROLL.
THE APPLICATION SHALL BE MADE ON A FORM PRESCRIBED BY THE COMMISSIONER.
  (II)  IF  THE  ASSESSOR'S DETERMINATION IS MADE PRIOR TO THE FILING OF
THE TENTATIVE ASSESSMENT ROLL,  THE  ASSESSOR  SHALL  ENTER  THE  EXEMPT
AMOUNT,  IF  ANY,  ON THE TENTATIVE ASSESSMENT ROLL AND, WITHIN TEN DAYS
AFTER FILING SUCH ROLL, NOTIFY THE APPLICANT OF THE APPROVAL  OR  DENIAL
OF  SUCH EXEMPTION, THE EXEMPT AMOUNT, IF ANY, AND THE APPLICANT'S RIGHT
TO REVIEW BY THE BOARD OF ASSESSMENT REVIEW.
  (III) IF THE ASSESSOR'S DETERMINATION IS MADE AFTER THE FILING OF  THE
TENTATIVE  ASSESSMENT  ROLL,  THE  ASSESSOR  SHALL PETITION THE BOARD OF
ASSESSMENT REVIEW TO CORRECT THE TENTATIVE OR FINAL ASSESSMENT  ROLL  IN
THE MANNER PROVIDED IN TITLE THREE OF ARTICLE FIVE OF THIS CHAPTER, WITH
RESPECT  TO  UNLAWFUL ENTRIES, IN THE CASE OF WHOLLY EXEMPT PARCELS, AND
WITH RESPECT OF  CLERICAL  ERRORS,  IN  THE  CASE  OF  PARTIALLY  EXEMPT
PARCELS,  IF THE ASSESSOR DETERMINES THAT AN EXEMPTION SHOULD BE GRANTED
AND, WITHIN TEN DAYS OF PETITIONING  THE  BOARD  OF  ASSESSMENT  REVIEW,
NOTIFY  THE  APPLICANT  OF THE APPROVAL OR DENIAL OF SUCH EXEMPTION, THE
AMOUNT OF SUCH EXEMPTION, IF ANY, AND THE APPLICANT'S RIGHT TO  ADMINIS-
TRATIVE  OR  JUDICIAL  REVIEW  OF SUCH DETERMINATION PURSUANT TO ARTICLE
FIVE OR SEVEN OF THIS CHAPTER, RESPECTIVELY.
  (C) IF, FOR ANY REASON, A DETERMINATION TO EXEMPT PROPERTY FROM  TAXA-
TION  AS PROVIDED IN PARAGRAPH (B) OF THIS SUBDIVISION IS NOT ENTERED ON
THE FINAL ASSESSMENT ROLL, THE ASSESSOR  SHALL  PETITION  THE  BOARD  OF
ASSESSMENT REVIEW TO CORRECT THE FINAL ASSESSMENT ROLL.
  (D)  IF,  FOR ANY REASON, THE PRO RATA TAX CREDIT AS PROVIDED IN PARA-
GRAPH (A) OF THIS SUBDIVISION IS NOT EXTENDED AGAINST THE TAX ROLL IMME-
DIATELY SUCCEEDING THE FISCAL YEAR DURING WHICH THE  TRANSFER  OCCURRED,
THE  ASSESSOR  SHALL  IMMEDIATELY NOTIFY THE MUNICIPAL CORPORATION WHICH
LEVIED THE TAX OR FOR WHICH THE TAXES WERE LEVIED OF THE AMOUNT  OF  PRO
RATA  EXEMPTION  CREDITS  FOR  THE YEAR IN WHICH SUCH TRANSFER OCCURRED.
SUCH MUNICIPAL CORPORATION SHALL PROCEED  AS  PROVIDED  IN  SUBPARAGRAPH
(IV) OF PARAGRAPH (A) OF THIS SUBDIVISION.
  (E)  IF, FOR ANY REASON, A DETERMINATION TO EXEMPT PROPERTY FROM TAXA-
TION AS PROVIDED IN PARAGRAPH (B) OF THIS SUBDIVISION IS NOT ENTERED  ON
THE  TAX ROLL FOR THE YEAR IMMEDIATELY SUCCEEDING THE FISCAL YEAR DURING
WHICH THE TRANSFER OCCURRED, THE ASSESSOR SHALL DETERMINE THE  PRO  RATA
TAX  EXEMPTION  CREDIT  FOR SUCH TAX ROLL BY MULTIPLYING THE TAX RATE OR
TAX RATES FOR EACH MUNICIPAL CORPORATION WHICH LEVIED TAXES OR FOR WHICH
TAXES WERE LEVIED TIMES THE EXEMPT AMOUNT AND SHALL  IMMEDIATELY  NOTIFY
SUCH  MUNICIPAL  CORPORATION  OR  CORPORATIONS OF THE PRO RATA EXEMPTION
CREDITS FOR SUCH TAX ROLL. SUCH MUNICIPAL CORPORATION SHALL ADD SUCH PRO
RATA EXEMPTION CREDITS FOR SUCH PROPERTY TO  ANY  OUTSTANDING  PRO  RATA
EXEMPTION  AMOUNTS AND PROCEED AS PROVIDED IN SUBPARAGRAPH (IV) OF PARA-
GRAPH (A) OF THIS SUBDIVISION.
  S 2.  Section 420-b of the real property tax law is amended by  adding
a new subdivision 8 to read as follows:
  8.  (A)  (I)  FOR  THE PURPOSES OF THIS SUBDIVISION, "MUNICIPAL CORPO-
RATION" SHALL MEAN A COUNTY, CITY,  TOWN,  VILLAGE  OR  SCHOOL  DISTRICT
WHICH,  AFTER  PUBLIC  HEARING,  ADOPTS A LOCAL LAW, ORDINANCE OR RESOL-
UTION, PROVIDING THAT THIS SUBDIVISION SHALL BE APPLICABLE TO  NONPROFIT
ORGANIZATIONS  WITHIN  ITS  JURISDICTION.  SUCH  LOCAL LAW, ORDINANCE OR

S. 1465--A                          4

RESOLUTION SHALL APPLY TO PROPERTY TRANSFERS OCCURRING ON OR  AFTER  THE
EFFECTIVE  DATE  OF  SUCH  LOCAL LAW, ORDINANCE OR RESOLUTION. A COPY OF
SUCH LOCAL LAW, ORDINANCE OR RESOLUTION SHALL BE FILED WITH THE  COMMIS-
SIONER.
  (II) WHERE A NONPROFIT ORGANIZATION THAT MEETS THE REQUIREMENTS FOR AN
EXEMPTION PURSUANT TO THIS SECTION, PURCHASES PROPERTY AFTER THE LEVY OF
TAXES,  SUCH  NONPROFIT  ORGANIZATION  MAY FILE, IF PERMITTED BY A LOCAL
LAW, ORDINANCE OR RESOLUTION OF THE MUNICIPAL CORPORATION IN  WHICH  THE
NONPROFIT ORGANIZATION IS LOCATED, AN APPLICATION FOR EXEMPTION WITH THE
ASSESSOR  NO  LATER THAN THE TIME SPECIFIED IN SUCH LOCAL LAW, ORDINANCE
OR RESOLUTION.  THE ASSESSOR SHALL MAKE A DETERMINATION OF  WHETHER  THE
PARCEL  WOULD  HAVE QUALIFIED FOR EXEMPT STATUS ON THE TAX ROLL ON WHICH
THE TAXES WERE LEVIED, HAD TITLE TO THE PARCEL BEEN IN THE NAME  OF  THE
APPLICANT  ON  THE  TAXABLE  STATUS DATE APPLICABLE TO THE TAX ROLL. THE
APPLICATION SHALL BE ON A  FORM  PRESCRIBED  BY  THE  COMMISSIONER.  THE
ASSESSOR,  NO  LATER THAN THIRTY DAYS AFTER RECEIPT OF SUCH APPLICATION,
SHALL NOTIFY BOTH THE APPLICANT AND THE BOARD OF ASSESSMENT  REVIEW,  BY
FIRST  CLASS  MAIL,  OF  THE EXEMPT AMOUNT, IF ANY, AND THE RIGHT OF THE
OWNER TO A REVIEW OF THE EXEMPT AMOUNT UPON  THE  FILING  OF  A  WRITTEN
COMPLAINT.  SUCH  COMPLAINT SHALL BE ON A FORM PRESCRIBED BY THE COMMIS-
SIONER AND SHALL BE FILED WITH THE BOARD  OF  ASSESSMENT  REVIEW  WITHIN
TWENTY  DAYS OF THE MAILING OF SUCH NOTICE. IF NO COMPLAINT IS RECEIVED,
THE BOARD OF ASSESSMENT REVIEW SHALL SO  NOTIFY  THE  ASSESSOR  AND  THE
EXEMPT  AMOUNT  DETERMINED BY THE ASSESSOR SHALL BE FINAL. IF THE APPLI-
CANT FILES A COMPLAINT, THE BOARD OF ASSESSMENT REVIEW SHALL SCHEDULE  A
TIME  AND  PLACE FOR A HEARING WITH RESPECT THERETO NO LATER THAN THIRTY
DAYS AFTER THE MAILING OF THE NOTICE BY THE  ASSESSOR.    THE  BOARD  OF
ASSESSMENT  REVIEW SHALL MEET AND DETERMINE THE EXEMPT AMOUNT, AND SHALL
IMMEDIATELY NOTIFY THE ASSESSOR AND THE APPLICANT, BY FIRST CLASS  MAIL,
OF  ITS  DETERMINATION.  THE  AMOUNT OF EXEMPTION DETERMINED PURSUANT TO
THIS PARAGRAPH SHALL BE SUBJECT TO REVIEW AS PROVIDED IN  ARTICLE  SEVEN
OF THIS CHAPTER. SUCH A PROCEEDING SHALL BE COMMENCED WITHIN THIRTY DAYS
OF  THE  MAILING  OF THE NOTICE OF THE BOARD OF ASSESSMENT REVIEW TO THE
NEW OWNER AS PROVIDED IN THIS PARAGRAPH.
  (III) UPON RECEIPT OF A DETERMINATION OF THE EXEMPT AMOUNT AS PROVIDED
IN SUBPARAGRAPH (II) OF THIS PARAGRAPH, THE ASSESSOR SHALL DETERMINE THE
PRO RATA EXEMPTION TO BE CREDITED TOWARD SUCH  PROPERTY  BY  MULTIPLYING
THE  TAX  RATE  OR TAX RATES FOR EACH MUNICIPAL CORPORATION WHICH LEVIED
TAXES, OR FOR WHICH TAXES WERE LEVIED, ON THE APPROPRIATE TAX ROLL  USED
FOR  THE  FISCAL  YEAR OR YEARS DURING WHICH THE TRANSFER OCCURRED TIMES
THE EXEMPT AMOUNT, AS DETERMINED IN SUBPARAGRAPH (II) OF THIS PARAGRAPH,
TIMES THE FRACTION OF EACH FISCAL YEAR OR YEARS REMAINING SUBSEQUENT  TO
THE TRANSFER OF TITLE.  THE ASSESSOR SHALL IMMEDIATELY TRANSMIT A STATE-
MENT  OF THE PRO RATA EXEMPTION CREDIT DUE TO EACH MUNICIPAL CORPORATION
WHICH LEVIED TAXES OR FOR WHICH TAXES WERE LEVIED ON THE TAX  ROLL  USED
FOR  THE  FISCAL YEAR OR YEARS DURING WHICH THE TRANSFER OCCURRED AND TO
THE APPLICANT.
  (IV) EACH MUNICIPAL CORPORATION WHICH  RECEIVES  NOTICE  OF  PRO  RATA
EXEMPTION  CREDITS  PURSUANT TO THIS SUBDIVISION SHALL INCLUDE AN APPRO-
PRIATION IN ITS BUDGET FOR THE NEXT FISCAL YEAR EQUAL TO  THE  AGGREGATE
AMOUNT  OF  SUCH  CREDITS  TO  BE  APPLIED  IN THAT FISCAL YEAR. WHERE A
PARCEL, THE OWNER OF WHICH IS ENTITLED TO A PRO RATA  EXEMPTION  CREDIT,
IS SUBJECT TO TAXATION IN SAID NEXT FISCAL YEAR, THE RECEIVER OR COLLEC-
TOR  SHALL  APPLY  THE CREDIT TO REDUCE THE AMOUNT OF TAXES OWED FOR THE
PARCEL IN SUCH FISCAL YEAR. PRO RATA EXEMPTION CREDITS IN EXCESS OF  THE
AMOUNT OF TAXES, IF ANY, OWED FOR THE PARCEL SHALL BE PAID BY THE TREAS-

S. 1465--A                          5

URER OF A MUNICIPAL CORPORATION WHICH LEVIES SUCH TAXES FOR OR ON BEHALF
OF  THE MUNICIPAL CORPORATION TO ALL OWNERS OF PROPERTY ENTITLED TO SUCH
CREDITS WITHIN THIRTY DAYS OF THE EXPIRATION OF THE WARRANT  TO  COLLECT
TAXES  IN  SAID  NEXT FISCAL YEAR.  NOTWITHSTANDING THE FOREGOING, WHERE
THE MUNICIPAL CORPORATION  HAS  BEEN  REIMBURSED  BY  ANOTHER  MUNICIPAL
CORPORATION  FOR THE TAX CREDIT TO BE PAID TO THE OWNER PURSUANT TO THIS
SUBDIVISION, SUCH CREDIT SHALL BE PAID  TO  SUCH  MUNICIPAL  CORPORATION
INSTEAD OF SUCH OWNER.
  (B)  (I)  NOTWITHSTANDING  THE  PROVISIONS  OF  THIS  SECTION, WHERE A
NONPROFIT ORGANIZATION THAT MEETS  THE  REQUIREMENTS  FOR  AN  EXEMPTION
PURSUANT  TO  THIS  SECTION, PURCHASES PROPERTY AFTER THE TAXABLE STATUS
DATE BUT PRIOR TO THE LEVY OF TAXES, SUCH NONPROFIT ORGANIZATION MAY, IF
PERMITTED BY A LOCAL LAW,  ORDINANCE  OR  RESOLUTION  OF  THE  MUNICIPAL
CORPORATION  IN  WHICH  THE  NONPROFIT  ORGANIZATION IS LOCATED, FILE AN
APPLICATION FOR AN EXEMPTION WITH THE ASSESSOR WITHIN THIRTY DAYS OF THE
TRANSFER OF TITLE TO SUCH NONPROFIT ORGANIZATION.   THE  ASSESSOR  SHALL
MAKE  A  DETERMINATION WITHIN THIRTY DAYS AFTER RECEIPT OF SUCH APPLICA-
TION OF WHETHER THE APPLICANT WOULD QUALIFY FOR AN EXEMPTION PURSUANT TO
THIS SECTION ON THE ASSESSMENT ROLL IF TITLE HAD BEEN IN THE NAME OF THE
APPLICANT ON THE TAXABLE STATUS DATE APPLICABLE TO SUCH ASSESSMENT ROLL.
THE APPLICATION SHALL BE MADE ON A FORM PRESCRIBED BY THE COMMISSIONER.
  (II) IF THE ASSESSOR'S DETERMINATION IS MADE PRIOR TO  THE  FILING  OF
THE  TENTATIVE  ASSESSMENT  ROLL,  THE  ASSESSOR  SHALL ENTER THE EXEMPT
AMOUNT, IF ANY, ON THE TENTATIVE ASSESSMENT ROLL AND,  WITHIN  TEN  DAYS
AFTER  FILING  SUCH ROLL, NOTIFY THE APPLICANT OF THE APPROVAL OR DENIAL
OF SUCH EXEMPTION, THE EXEMPT AMOUNT, IF ANY, AND THE APPLICANT'S  RIGHT
TO REVIEW BY THE BOARD OF ASSESSMENT REVIEW.
  (III)  IF THE ASSESSOR'S DETERMINATION IS MADE AFTER THE FILING OF THE
TENTATIVE ASSESSMENT ROLL, THE ASSESSOR  SHALL  PETITION  THE  BOARD  OF
ASSESSMENT  REVIEW  TO CORRECT THE TENTATIVE OR FINAL ASSESSMENT ROLL IN
THE MANNER PROVIDED IN TITLE THREE OF ARTICLE FIVE OF THIS CHAPTER, WITH
RESPECT TO UNLAWFUL ENTRIES, IN THE CASE OF WHOLLY EXEMPT  PARCELS,  AND
WITH  RESPECT  OF  CLERICAL  ERRORS,  IN  THE  CASE  OF PARTIALLY EXEMPT
PARCELS, IF THE ASSESSOR DETERMINES THAT AN EXEMPTION SHOULD BE  GRANTED
AND,  WITHIN  TEN  DAYS  OF  PETITIONING THE BOARD OF ASSESSMENT REVIEW,
NOTIFY THE APPLICANT OF THE APPROVAL OR DENIAL OF  SUCH  EXEMPTION,  THE
AMOUNT  OF SUCH EXEMPTION, IF ANY, AND THE APPLICANT'S RIGHT TO ADMINIS-
TRATIVE OR JUDICIAL REVIEW OF SUCH  DETERMINATION  PURSUANT  TO  ARTICLE
FIVE OR SEVEN OF THIS CHAPTER, RESPECTIVELY.
  (C)  IF, FOR ANY REASON, A DETERMINATION TO EXEMPT PROPERTY FROM TAXA-
TION AS PROVIDED IN PARAGRAPH (B) OF THIS SUBDIVISION IS NOT ENTERED  ON
THE  FINAL  ASSESSMENT  ROLL,  THE  ASSESSOR SHALL PETITION THE BOARD OF
ASSESSMENT REVIEW TO CORRECT THE FINAL ASSESSMENT ROLL.
  (D) IF, FOR ANY REASON, THE PRO RATA TAX CREDIT AS PROVIDED  IN  PARA-
GRAPH (A) OF THIS SUBDIVISION IS NOT EXTENDED AGAINST THE TAX ROLL IMME-
DIATELY  SUCCEEDING  THE FISCAL YEAR DURING WHICH THE TRANSFER OCCURRED,
THE ASSESSOR SHALL IMMEDIATELY NOTIFY THE  MUNICIPAL  CORPORATION  WHICH
LEVIED  THE  TAX OR FOR WHICH THE TAXES WERE LEVIED OF THE AMOUNT OF PRO
RATA EXEMPTION CREDITS FOR THE YEAR IN  WHICH  SUCH  TRANSFER  OCCURRED.
SUCH  MUNICIPAL  CORPORATION  SHALL  PROCEED AS PROVIDED IN SUBPARAGRAPH
(IV) OF PARAGRAPH (A) OF THIS SUBDIVISION.
  (E) IF, FOR ANY REASON, A DETERMINATION TO EXEMPT PROPERTY FROM  TAXA-
TION  AS PROVIDED IN PARAGRAPH (B) OF THIS SUBDIVISION IS NOT ENTERED ON
THE TAX ROLL FOR THE YEAR IMMEDIATELY SUCCEEDING THE FISCAL YEAR  DURING
WHICH  THE  TRANSFER OCCURRED, THE ASSESSOR SHALL DETERMINE THE PRO RATA
TAX EXEMPTION CREDIT FOR SUCH TAX ROLL BY MULTIPLYING THE  TAX  RATE  OR

S. 1465--A                          6

TAX RATES FOR EACH MUNICIPAL CORPORATION WHICH LEVIED TAXES OR FOR WHICH
TAXES  WERE  LEVIED TIMES THE EXEMPT AMOUNT AND SHALL IMMEDIATELY NOTIFY
SUCH MUNICIPAL CORPORATION OR CORPORATIONS OF  THE  PRO  RATA  EXEMPTION
CREDITS FOR SUCH TAX ROLL. SUCH MUNICIPAL CORPORATION SHALL ADD SUCH PRO
RATA  EXEMPTION  CREDITS  FOR  SUCH PROPERTY TO ANY OUTSTANDING PRO RATA
EXEMPTION AMOUNTS AND PROCEED AS PROVIDED IN SUBPARAGRAPH (IV) OF  PARA-
GRAPH (A) OF THIS SUBDIVISION.
  S  3.  This  act shall take effect on the ninetieth day after it shall
have become a law.

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