senate Bill S787C

Prohibits assessors from increasing the assessments of forestland based on the stumpage value of the trees thereon

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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

  • 05 / Jan / 2011
    • REFERRED TO LOCAL GOVERNMENT
  • 24 / May / 2011
    • AMEND AND RECOMMIT TO LOCAL GOVERNMENT
  • 24 / May / 2011
    • PRINT NUMBER 787A
  • 06 / Jun / 2011
    • REPORTED AND COMMITTED TO FINANCE
  • 16 / Dec / 2011
    • AMEND AND RECOMMIT TO FINANCE
  • 16 / Dec / 2011
    • PRINT NUMBER 787B
  • 04 / Jan / 2012
    • REFERRED TO LOCAL GOVERNMENT
  • 14 / May / 2012
    • AMEND (T) AND RECOMMIT TO LOCAL GOVERNMENT
  • 14 / May / 2012
    • PRINT NUMBER 787C

Summary

Prohibits assessors from increasing the assessments of forestland based on the stumpage value of the trees thereon; establishes the forestland taxation task force to study and make recommendations on the assessment and taxation of privately owned forestlands.

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Bill Details

See Assembly Version of this Bill:
A5828B
Versions:
S787
S787A
S787B
S787C
Legislative Cycle:
2011-2012
Current Committee:
Senate Local Government
Law Section:
Real Property Taxation
Versions Introduced in Previous Legislative Cycles:
2009-2010: S2418A, A10315
2007-2008: S2775A

Sponsor Memo

BILL NUMBER:S787C

TITLE OF BILL:
An act to prohibit local assessors from increasing the assessed value of
real property based on the stumpage value of the trees thereon and to
establish the forestland taxation task force

PURPOSE:
This bill prohibits local assessors from increasing the assessed value
of real property based on the stumpage value of the trees thereon and
establishes the forestland taxation task force.

SUMMARY OF PROVISIONS:
This legislation prohibits local assessors from increasing the assessed
value of real property based on the stumpage value of the trees thereon
and establishes the forestland taxation task force. The 7 member task
force shall examine, evaluate and make recommendations on assessment and
taxation of private forest lands which are consistent with promoting
sustainable forestry practices, encouraging private investment in work-
ing forests and maintaining open spaces. The task force shall issue a
report with its recommendations to the Governor and the Legislature
before April 30, 2014.

JUSTIFICATION:
Private forest owners who steward their land for forest uses provide
great value and social contributions to the state's goals to promote
open space. Escalating land and timber values, in addition to increasing
municipal budgets, have left private forest landowners facing signif-
icant assessment and property tax increases. Revaluation of forested
parcels often results in assessment increases of 30-50% compounded by
the tax rate increases associated with the annual growth of municipal
budgets. These anticipated property tax increases leave the owners of
forestland with an economically unsustainable resource that may have to
be liquidated, resulting in loss of forested open spaces.

This legislation prohibits local assessors from increasing the assessed
value of real property based on the stumpage value of the trees. It also
establishes the forestland taxation task force which will look to ensure
that present and future forestlands may be protected and enhanced as a
viable segment of the state's economy and as an environmental resource.
Specifically, the forestland taxation task force will address how to
obtain equitable and consistent assessment of forest lands statewide.

LEGISLATIVE HISTORY:
2011: S.787A Reported and Committed to Finance; A.5828 Referred to
Real Property Taxation Committee
2009-10: S.2418A Referred to Local Government
A.10315 Referred to Real Property Taxation Committee
2007-08: S.2775A Referred to Local Government
2006: S.7776A Referred to Local Government

FISCAL IMPLICATIONS:
None to the State.

EFFECTIVE DATE:
Effective immediately.

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

                                 787--C

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced  by  Sens.  YOUNG,  VALESKY -- (at request of the Legislative
  Commission on Rural Resources) -- 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 -- reported favorably from said commit-
  tee and committed to the Committee on Finance -- committee discharged,
  bill amended, ordered reprinted as amended  and  recommitted  to  said
  committee  --  recommitted  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 commit-
  tee

AN ACT to prohibit local assessors from increasing the assessed value of
  real property based on the stumpage value of the trees thereon and  to
  establish the forestland taxation task force

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

  Section 1. Legislative findings.  The  legislature  hereby  finds  and
declares  that  in light of significant increases in real property taxes
in many parts of the state, due to a variety of  factors  including  but
not  limited  to  increases  in market value of real property, growth in
school and local spending, a declining  commercial  and  industrial  tax
base,  and  assessment  valuation  practices  which  may  not accurately
reflect the actual value of timber, that now more than ever an  increas-
ing  proportion  of  lands  in the state devoted to the growth of forest
crops are assessed at a level which renders the continued dedication  to
such  use uneconomical. It is the purpose of this act to chart a path by
which present and future forestlands may be protected and enhanced as  a
viable segment of the state's economy, and as an environmental resource.
  S  2. On and after January 1, 2013, no assessor of any local assessing
unit shall increase that portion of  the  assessment  of  real  property

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04087-06-2

S. 787--C                           2

which pertains to the stumpage value of trees on any parcel of privately
owned  real property to which a stumpage value is assigned on the effec-
tive date of this act, as determined from the assessment from the  imme-
diately preceding assessment roll.
  S  3.  Commencing  with  the  2013 assessment roll, an assessor of any
local assessing unit shall assign a value for trees upon any  parcel  of
real  property which does not bear a stumpage value immediately prior to
the effective date of this act.
  S 4. The provisions of sections two and three of this  act  shall  not
apply to state owned land.
  S  5. As used in this act, "stumpage value" shall mean that portion of
privately owned forestland which is in addition to the bare  land  value
and  pertains  to real property upon which the assessor has calculated a
contributory value for the trees pursuant to guidelines  for  the  valu-
ation of forestlands issued by the commissioner of taxation and finance.
  S  6.  A forestland taxation task force is hereby established to exam-
ine, evaluate and make recommendations concerning the  existing  methods
of  assessing and taxing private forestlands, and alternative methods of
assessing and taxing  private  forestlands  which  are  consistent  with
promoting sustainable forestry practices, encouraging private investment
in working forests and maintaining open space.
  S  7. The forestland taxation task force shall consist of 7 members to
be appointed as follows: 2 shall be appointed by the temporary president
of the senate, 2 shall be appointed by the speaker of  the  assembly,  1
shall  be  appointed  by  the  minority leader of the senate, 1 shall be
appointed by the minority  leader  of  the  assembly,  and  1  shall  be
appointed by the governor. The members of the task force shall include a
representative  from  each  of  the following: family forest operations,
timber investment management organizations, farm woodlot  owners,  local
governments, the forest products industry, private forest landowners and
environmental  organizations.  Vacancies  in  the membership of the task
force shall be filled in the manner provided for original appointments.
  S 8. The forestland taxation task force may meet  within  and  without
the state, shall hold public hearings and shall have all the powers of a
legislative  committee  pursuant  to the legislative law. To the maximum
extent feasible, the members of the task  force  shall  be  entitled  to
request and receive, and shall utilize and be provided with such facili-
ties,  resources  and  data  of  any court, department, division, board,
bureau, commission and agency of the state or any political  subdivision
thereof  as  it  may reasonably request to properly carry out its powers
and duties pursuant to this act.
  S 9. The members of the forestland taxation task force  shall  receive
no  compensation  for  their services, but shall be allowed their actual
and necessary expenses incurred  in  the  performance  of  their  duties
pursuant to this act.
  S 10. The forestland taxation task force shall report, to the governor
and the legislature, its findings, conclusions and recommendations on or
before April 30, 2014, and shall submit with its report such legislative
proposals as it deems necessary to implement its recommendations.
  S 11. This act shall take effect immediately.

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