senate Bill S1004A

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

  • 09 / Jan / 2013
    • REFERRED TO LOCAL GOVERNMENT
  • 08 / Jan / 2014
    • REFERRED TO LOCAL GOVERNMENT
  • 17 / Jan / 2014
    • AMEND AND RECOMMIT TO LOCAL GOVERNMENT
  • 17 / Jan / 2014
    • PRINT NUMBER 1004A

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

See Assembly Version of this Bill:
A1712A
Versions:
S1004
S1004A
Legislative Cycle:
2013-2014
Current Committee:
Senate Local Government
Law Section:
Real Property Tax Law
Laws Affected:
Amd ยงยง480 & 480-a, RPT L
Versions Introduced in Previous Legislative Cycles:
2011-2012: A1491A, S1491A, A427
2009-2010: A10905, S690, A773
2007-2008: A4850, A1252A

Sponsor Memo

BILL NUMBER:S1004A

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 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 seems only fair and equitable
that any losses of real property revenue incurred by the local taxing
jurisdiction, be reimbursed by the state as a whole.

LEGISLATIVE HISTORY: 2013: S. 1004 referred to Local Government; A.
1712 referred to real property taxation 2011/12: S. 1491 referred to
Local Government 2009/10: S. 690 referred to Local Government 2007/08:
S. 1056-B referred to Local Government

FISCAL IMPLICATIONS: To be determined

LOCAL FISCAL IMPLICATIONS: Would provide increased funding to local
governments

EFFECTIVE DATE: This act shall taxes 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, 2016.

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

                                 1004--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

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  COMMISSIONER  AND  THE  CUMULATIVE
VALUE  OF  ALL  SUCH  LANDS  SHALL  BE EQUALIZED BY APPLYING THERETO THE
APPROPRIATE STATE EQUALIZATION RATE OR SPECIAL EQUALIZATION RATE  ESTAB-
LISHED 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 COMMISSIONER SHALL COMPUTE THE AMOUNT OF

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01128-02-4

S. 1004--A                          2

STATE ASSISTANCE PAYABLE TO OR FOR THE BENEFIT OF EACH MUNICIPAL  CORPO-
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 COMMISSIONER AND THE CUMULATIVE
VALUE OF ALL SUCH LANDS SHALL  BE  EQUALIZED  BY  APPLYING  THERETO  THE
APPROPRIATE  STATE EQUALIZATION RATE OR SPECIAL EQUALIZATION RATE ESTAB-
LISHED 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 COMMISSIONER 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, 2016.

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.