senate Bill S1491A

Authorizes state reimbursement to municipal corporations for tax revenue lost and expenses incurred as a result of the reduced assessment of forest land

download pdf

Sponsor

Bill Status


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

actions

  • 07 / Jan / 2011
    • REFERRED TO LOCAL GOVERNMENT
  • 04 / Jan / 2012
    • REFERRED TO LOCAL GOVERNMENT
  • 11 / Jan / 2012
    • AMEND AND RECOMMIT TO LOCAL GOVERNMENT
  • 11 / Jan / 2012
    • PRINT NUMBER 1491A

Summary

Authorizes a procedure whereby the chief executive officer of a municipal corporation in which there is located privately owned forest lands which are exempt from real property taxes to make application to the state for reimbursement for revenues lost as a result of such exemption.

do you support this bill?

Bill Details

Versions:
S1491
S1491A
Legislative Cycle:
2011-2012
Current Committee:
Senate Local Government
Law Section:
Real Property Tax Law
Laws Affected:
Amd ยงยง480 & 480-a, RPT L
Versions Introduced in 2009-2010 Legislative Cycle:
S690

Sponsor Memo

BILL NUMBER:S1491A

TITLE OF BILL:
An act
to amend the real property tax law, in relation to the assessment of
private forest lands and to provide state assistance to municipal
corporations relating thereto

PURPOSE:
This bill will provide for full state reimbursement to local taxing
jurisdictions for any tax revenue losses brought about by certain
forest land exemptions.

SUMMARY OF PROVISIONS:
Provides that the chief executive officer of a municipal corporation
may apply for State aid if the cumulative value of forest lands under
sections 480 and 480-a of the real property tax law is less than its
fully equalized value were section 480 and 480-a not applicable.

EXISTING LAW:
Sections 480 and 480-a of the real property tax law provide for a
significant reduction in the amount of taxes paid on forested lands.
The law does not, however, provide for full state reimbursement to
local taxing jurisdictions as a result of forest land tax exemptions.

JUSTIFICATION:
Sections 480 and 480-a of the real property tax law grant exemptions
to certain forest land which decreases the tax base of many towns and
counties in southern New York State, Since the presence of forest
lands benefit the state as a whole, it is only fair and equitable
that any losses of real property revenues incurred by the local
taxing jurisdiction, be reimbursed by the state as a whole.

LEGISLATIVE HISTORY:
2011: S.1491 Referred to Local Government
2009/10: S.690 Referred to Local Government
2007/08: S.1056-B Local Government

FISCAL IMPLICATIONS:
To be determined.

EFFECTIVE DATE:
This act shall take effect immediately and shall apply to taxes levied
upon assessment rolls prepared on the basis of taxable status
occurring on or after January 2014.

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

                                 1491--A

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             January 7, 2011
                               ___________

Introduced  by  Sen.  LITTLE -- read twice and ordered printed, and when
  printed to be committed to the Committee on Local Government -- recom-
  mitted to the Committee on Local Government in accordance with  Senate
  Rule  6,  sec.  8  --  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 the assessment
  of private forest lands and to provide state assistance  to  municipal
  corporations relating thereto

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

  Section 1. Section 480 of the real property  tax  law  is  amended  by
adding a new subdivision 10 to read as follows:
  10.  (A)  THE  CHIEF  EXECUTIVE  OFFICER OF A MUNICIPAL CORPORATION IN
WHICH THERE ARE PRIVATELY OWNED  FOREST  LANDS  WHICH  ARE  ASSESSED  IN
ACCORDANCE  WITH THE PROVISIONS OF SUBDIVISION THREE OF THIS SECTION MAY
MAKE APPLICATION FOR STATE ASSISTANCE AS PROVIDED IN THIS SUBDIVISION.
  (B) APPLICATION FOR STATE  ASSISTANCE  PURSUANT  TO  THIS  SUBDIVISION
SHALL BE MADE ON A FORM PRESCRIBED BY THE COMMISSIONER AND SHALL CONTAIN
SUCH INFORMATION AND DOCUMENTATION AS MAY BE REQUIRED BY THE COMMISSION-
ER  AND  THE COMMISSIONER MAY PROMULGATE RULES AND REGULATIONS NECESSARY
TO THE IMPLEMENTATION OF THIS SUBDIVISION.
  (C) UPON RECEIPT OF THE APPLICATION FOR STATE ASSISTANCE, SUCH PRIVATE
FOREST LANDS SHALL BE VALUED BY THE STATE BOARD AND THE CUMULATIVE VALUE
OF ALL SUCH LANDS SHALL BE EQUALIZED BY APPLYING THERETO THE APPROPRIATE
STATE EQUALIZATION RATE OR  SPECIAL  EQUALIZATION  RATE  ESTABLISHED  IN
ACCORDANCE WITH THE RULES OF THE COMMISSIONER.
  (D) IF THE CUMULATIVE VALUE DETERMINED AND EQUALIZED PURSUANT TO PARA-
GRAPH  (C) OF THIS SUBDIVISION EXCEEDS THE TAXABLE ASSESSED VALUATION OF
SUCH PROPERTY ON THE PRECEDING ASSESSMENT ROLL, AS REQUIRED BY  SUBDIVI-
SION  THREE  OF THIS SECTION THE STATE BOARD SHALL COMPUTE THE AMOUNT OF
STATE ASSISTANCE PAYABLE TO OR FOR THE BENEFIT OF EACH MUNICIPAL  CORPO-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02007-02-2

S. 1491--A                          2

RATION  BY APPLYING TO THE AMOUNT OF THE EXCESS THE APPROPRIATE TAX RATE
OF THE MUNICIPAL CORPORATION AND SUCH AMOUNT SHALL BE PAID ON AUDIT  AND
WARRANT  OF  THE  COMPTROLLER OUT OF MONEYS APPROPRIATED BY THE LEGISLA-
TURE.
  S 2. Section 480-a of the real property tax law is amended by adding a
new subdivision 11 to read as follows:
  11.  (A)  THE  CHIEF  EXECUTIVE  OFFICER OF A MUNICIPAL CORPORATION IN
WHICH THERE ARE PRIVATELY OWNED  FOREST  LANDS  WHICH  ARE  ASSESSED  IN
ACCORDANCE  WITH THE PROVISIONS OF THIS SECTION MAY MAKE APPLICATION FOR
STATE ASSISTANCE AS PROVIDED IN THIS SUBDIVISION.
  (B) APPLICATION FOR STATE  ASSISTANCE  PURSUANT  TO  THIS  SUBDIVISION
SHALL BE MADE ON A FORM PRESCRIBED BY THE COMMISSIONER AND SHALL CONTAIN
SUCH INFORMATION AND DOCUMENTATION AS MAY BE REQUIRED BY THE COMMISSION-
ER  AND  THE COMMISSIONER MAY PROMULGATE RULES AND REGULATIONS NECESSARY
TO THE IMPLEMENTATION OF THIS SUBDIVISION.
  (C) UPON RECEIPT OF THE APPLICATION FOR STATE ASSISTANCE, SUCH PRIVATE
FOREST LANDS SHALL BE VALUED BY THE STATE BOARD AND THE CUMULATIVE VALUE
OF ALL SUCH LANDS SHALL BE EQUALIZED BY APPLYING THERETO THE APPROPRIATE
STATE EQUALIZATION RATE OR  SPECIAL  EQUALIZATION  RATE  ESTABLISHED  IN
ACCORDANCE WITH THE RULES OF THE COMMISSIONER.
  (D) IF THE CUMULATIVE VALUE DETERMINED AND EQUALIZED PURSUANT TO PARA-
GRAPH  (C) OF THIS SUBDIVISION EXCEEDS THE TAXABLE ASSESSED VALUATION OF
SUCH PROPERTY ON THE PRECEDING ASSESSMENT  ROLL,  AS  REQUIRED  BY  THIS
SECTION  THE  STATE  BOARD  SHALL COMPUTE THE AMOUNT OF STATE ASSISTANCE
PAYABLE TO OR FOR THE BENEFIT OF EACH MUNICIPAL CORPORATION BY  APPLYING
TO  THE  AMOUNT  OF THE EXCESS THE APPROPRIATE TAX RATE OF THE MUNICIPAL
CORPORATION AND SUCH AMOUNT SHALL BE PAID ON AUDIT AND  WARRANT  OF  THE
COMPTROLLER OUT OF MONEYS APPROPRIATED BY THE LEGISLATURE.
  S  3.  This act shall take effect immediately and shall apply to taxes
levied upon assessment rolls prepared on the  basis  of  taxable  status
dates occurring on or after January 1, 2014.

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.