NY State Senate Bill 2021-S681

Senate Bill S681

2021-2022 Legislative Session

Exempts costs associated with revaluations or reassessments from the tax levy limit on real property

download bill text pdf

Archive: Last Bill Status - In Senate Committee Local Government 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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 05, 2022	referred to local government
Jan 06, 2021	referred to local government

2021-S681 (ACTIVE) - Details

See Assembly Version of this Bill:: A5066
Current Committee:: Senate Local Government
Law Section:: General Municipal Law
Laws Affected:: Amd §3-c, Gen Muni L
Versions Introduced in Other Legislative Sessions:: 2011-2012: A10466
2013-2014: A1235
2015-2016: A638
2017-2018: A1248
2019-2020: S4307, A1716

2021-S681 (ACTIVE) - Summary

Exempts cost associated with revaluations or reassessments from the tax levy limit on real property.

2021-S681 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S681

SPONSOR: HARCKHAM
 
TITLE OF BILL:

An act to amend the general municipal law, in relation to exempting the
costs associated with real property revaluation or reassessment for the
tax levy limit

 
PURPOSE OR GENERAL IDEA OF BILL:

This bill exempts from the tax levy limit imposed on local governments
all costs associated with real property revaluations or reassessments.

 
SUMMARY OF SPECIFIC PROVISIONS:

This bill amends Section 3-c(2)g) (iv) of the general municipal law, as
added by section 1 of part A of chapter 97 of the laws of 201 1, by
adding a new subparagraph (v) which provides that the tax levy limit
shall not include the costs associated with real property revaluations
or reassessments.

 
JUSTIFICATION:

This bill is designed to encourage and assist local governments to
update their real property assessments. Because properties have
appreciated/depreciated differently over time, real property assessments
in numerous municipalities have become outdated and unfair. Reassessment
ensures that property owners pay their fair share of the tax burden. It
does not raise more tax dollars.  Municipalities have been reluctant to
reassess - especially because of the high costs of reassessment. The tax
levy cap is further discouraging local governments from undertaking
necessary reassessment of real property since the costs of reassessment
are currently included in a local government's allowable tax levy limit.
This bill would allow local governments to exclude the costs of conduct-
ing reassessments of real property from the allowable tax levy cap.

 
PRIOR LEGISLATIVE HISTORY:

2019-20: S4307 referred to Local Government; same as A1716 (Abinanti)
referred to real property taxation;
2017-18: A1248 referred to real property taxation;
2015-16: A.638 referred to real property taxation; same as S.2607
(Latimer) referred to local government;
2013-14: A.1235 referred to real property taxation; Same as 5.7082
(Latimer) referred to local government;
2012: A.10466 referred to real property taxation

 
FISCAL IMPLICATIONS:

None

 
EFFECTIVE DATE:
This act shall take effect immediately; provided, however, that the
amendments to section 3-c of the general municipal law made by sections
one, two, and three of this act shall not affect the repeal of such
section and shall be deemed repealed therewith.

2021-S681 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    681
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by Sen. HARCKHAM -- read twice and ordered printed, and when
   printed to be committed to the Committee on Local Government
 
 AN ACT to amend the general municipal law, in relation to exempting  the
   costs  associated  with  real property revaluation or reassessment for
   the tax levy limit
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subparagraph  (iv)  of  paragraph (g) of subdivision 2 of
 section 3-c of the general municipal law, as added by section 1 of  part
 A  of  chapter 97 of the laws of 2011, is amended and a new subparagraph
 (v) is added to read as follows:
   (iv) in years in which the normal contribution rate of  the  New  York
 state teachers' retirement system, as defined by paragraph a of subdivi-
 sion  two  of  section  five  hundred  seventeen  of  the education law,
 increases by more than two percentage points from the previous  year,  a
 tax levy necessary for expenditures for the coming fiscal year for local
 government  employer  contributions  to  the  New  York  state teachers'
 retirement system caused by growth in the normal contribution rate minus
 two percentage points[.];
   (V) ALL COSTS ASSOCIATED WITH REAL PROPERTY REVALUATIONS OR  REASSESS-
 MENTS.
   §  2.  Paragraph  (a)  of  subdivision 3 of section 3-c of the general
 municipal law, as added by section 1 of part A of chapter 97 of the laws
 of 2011, is amended to read as follows:
   (a) Subject to the provisions of subdivision  five  of  this  section,
 beginning  with  the  fiscal year that begins in two thousand twelve, no
 local government shall adopt a budget that requires a tax levy  that  is
 greater  than  the  tax  levy limit for the coming fiscal year. Provided
 however the tax levy limit  shall  not  prohibit  a  levy  necessary  to
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD01059-01-1

 S. 681                              2
 
 support  the  expenditures  pursuant to subparagraphs (i) through [(iv)]
 (V) of paragraph (g) of subdivision two of this section.
   §  3.  Subdivision  5  of section 3-c of the general municipal law, as
 added by section 1 of part A of chapter 97  of  the  laws  of  2011,  is
 amended to read as follows:
   5. A local government may adopt a budget that requires a tax levy that
 is  greater  than  the  tax  levy  limit for the coming fiscal year, not
 including any levy necessary to support  the  expenditures  pursuant  to
 subparagraphs (i) through [(iv)] (V) of paragraph [g] (G) of subdivision
 two of this section, only if the governing body of such local government
 first  enacts,  by  a vote of sixty percent of the total voting power of
 such body, a local law to override such limit  for  such  coming  fiscal
 year  only, or in the case of a district or fire district, a resolution,
 approved by a vote of sixty percent of the total voting  power  of  such
 body, to override such limit for such coming fiscal year only.
   § 4. This act shall take effect immediately.

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