NY State Assembly Bill 2009-A10075

Archive: Last Bill Status - In Assembly 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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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 18, 2010	held for consideration in real property taxation
Mar 03, 2010	referred to real property taxation

2009-A10075 (ACTIVE) - Details

Current Committee:: Assembly Real Property Taxation
Law Section:: Real Property Tax Law
Laws Affected:: Rpld & add §972, rpld §§973 & 976, amd §§974 & 975, RPT L
Versions Introduced in 2011-2012 Legislative Session:: A6515

2009-A10075 (ACTIVE) - Summary

Authorizes the prepayment of estimated tax by monthly installment method; the local body may repeal such laws and not authorize installment payments; tax notice must be greater than $100; monthly payments shall be due the first of each month

2009-A10075 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:A10075

TITLE  OF BILL:   An act to amend the real property tax law, in relation
to authorizing the prepayment of estimated tax  by  installment  method;
and repealing certain provisions of such law relating thereto

PURPOSE  OR  GENERAL IDEA OF BILL: Provides for real property tax relief
by allowing homeowners and businesses to pay their annual  property  tax
bills monthly.

SUMMARY  OF  SPECIFIC PROVISIONS:   Section 1 repeals Sections 972, 973,
and 976 of the Real Property Tax law and  adds  a  new  Section  972  to
require all taxing jurisdictions, unless such law is repealed by a local
law  or resolution, to allow the prepayment of estimated property taxes.
A property taxpayer will make property tax payments based upon an  esti-
mated  tax equal to the actual taxes levied upon the parcel in the prior
year. The monthly installment payments would be based on one-twelfth  of
the  total taxes paid in the prior year and then adjusted upon enactment
of the local taxing bodies' budget. Interest penalties would be  applied
to  any  homeowner's tax bill if an installment is not paid on or before
the date it is due.

Section 2 thru 4 amends various sections of the Real Property Tax Law to
comply with required installment property tax payments.

Section 5 provides the effective date.

JUSTIFICATION:  Reducing New York's tremendously high tax burden is  the
number  one  issue  facing families and businesses throughout our state.
Skyrocketing property taxes have severely eroded. New York's competitive
edge. The sheer cost of living in New York has forced many residents and
businesses to leave, thus slowing the  economic  engine  of  the  Empire
State.  Young people are finding it difficult to purchase homes, seniors
. are struggling to maintain  their  homes  and  businesses  are  facing
immense challenges to create and retain jobs.

Property  tax relief is a key ingredient to easing the tax burden on New
York's families and businesses  and  this  proposal  sets  out  to  help
taxpayers with their payments. This legislation would ease the burden of
high  property  taxes  by  allowing homeowners to pay their property tax
bills in installments. Spreading out a high property tax  payment  would
allow  the  homeowner  to  budget their property tax payments more effi-
ciently and further reduce the stress of a large  onetime  property  tax
payment.

PRIOR LEGISLATIVE HISTORY: New bill

FISCAL  IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:  Minor administra-
tive costs to local taxing jurisdictions.

EFFECTIVE DATE:  This act shall take effect on the first of January next
succeeding the date on which it shall have , become a law.

2009-A10075 (ACTIVE) - Bill Text download pdf

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

                                  10075

                          I N  A S S E M B L Y

                              March 3, 2010
                               ___________

Introduced  by  M. of A. KOLB -- read once and referred to the Committee
  on Real Property Taxation

AN ACT to amend the real property tax law, in  relation  to  authorizing
  the  prepayment  of estimated tax by installment method; and repealing
  certain provisions of such law relating thereto

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

  Section  1. Sections 972, 973 and 976 of the real property tax law are
REPEALED and a new section 972 is added to read as follows:
  S  972.  PREPAYMENT  OF  ESTIMATED  TAX  BY  INSTALLMENT  METHOD.   1.
ADOPTION.  NOTWITHSTANDING  ANY PROVISIONS OF THIS CHAPTER, OR ANY OTHER
GENERAL, SPECIAL OR LOCAL LAW TO THE CONTRARY, THE LEGISLATIVE  BODY  OR
LOCAL BOARD OF A COUNTY, CITY, TOWN, VILLAGE, SPECIAL DISTRICT OR SCHOOL
DISTRICT SHALL ALLOW, UNLESS SUCH LAW IS REPEALED BY LOCAL LAW OR RESOL-
UTION,  TAXPAYERS  TO PREPAY BY MONTHLY INSTALLMENTS FOR EACH TAX NOTICE
WITH TAXES ESTIMATED TO BE MORE THAN ONE HUNDRED DOLLARS.
  2. PAYMENT SCHEDULE. A TAXPAYER SHALL  MAKE  PAYMENTS  BASED  UPON  AN
ESTIMATED TAX EQUAL TO THE ACTUAL TAXES LEVIED UPON THE SUBJECT PROPERTY
IN  THE  PRIOR YEAR. MONTHLY INSTALLMENT PAYMENTS SHALL BE MADE BASED ON
THE LOCAL TAXING BODIES' FISCAL YEAR  AND  ACCORDING  TO  THE  FOLLOWING
SCHEDULE:
  (A) MONTHLY PAYMENTS SHALL BE BASED ON ONE-TWELFTH OF THE TOTAL AMOUNT
OF  ESTIMATED  TAXES  AND  SHALL  BE DUE NO LATER THAN THE FIRST OF EACH
MONTH.
  (B) AN ADJUSTMENT MADE PURSUANT  TO  A  DETERMINATION  OF  ACTUAL  TAX
LIABILITY  SHALL  BE APPLIED TO THE TAXPAYERS' MONTHLY INSTALLMENTS UPON
ENACTMENT OF THE LOCAL TAXING BODIES' BUDGET.
  (C) FOR PURPOSES OF THIS SECTION, WHEN AN INSTALLMENT DUE  DATE  FALLS
ON  A  SATURDAY, SUNDAY, OR LEGAL HOLIDAY, THE DUE DATE FOR THE INSTALL-
MENT SHALL BE THE NEXT WORKING DAY, IF THE INSTALLMENT IS DELIVERED TO A
DESIGNATED COLLECTION OFFICE OF THE TAX COLLECTOR.
  3. INTEREST. IF AN INSTALLMENT IS NOT PAID ON OR BEFORE THE DATE IT IS
DUE, INTEREST SHALL BE ADDED AS PROVIDED BY SECTION NINE HUNDRED  SEVEN-
TY-FIVE OF THIS TITLE OR SECTION THIRTEEN HUNDRED FORTY OF THIS CHAPTER.

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

                                                           LBD15257-02-0

A. 10075                            2

  4.  ELIGIBLE PROPERTY. THE PROGRAM SHALL APPLY TO ALL TYPES OF PROPER-
TY.
  S  2.  Subdivision  2  of section 974 of the real property tax law, as
added by chapter 953 of the laws of 1962, is amended to read as follows:
  2. Such statement shall recite that such owner may elect, pursuant  to
section  nine hundred seventy-five of this chapter, to pay the taxes set
forth in the statement in installments, [as provided in  the  local  law
enacted  by  the county] pursuant to section nine hundred seventy-two of
this [chapter] TITLE.
  S 3. Subdivision 2 of section 975 of the real  property  tax  law,  as
amended  by  section 13 of part B of chapter 389 of the laws of 1997, is
amended to read as follows:
  2.   If the owner  is  eligible  to  participate  in  the  installment
program,  and  elects  to  do  so, he or she shall pay to the collecting
officer the amount set forth in such statement and designated as  "first
installment".    The amount of each succeeding installment shall be paid
to the [county treasurer] COLLECTING OFFICER on or before the date spec-
ified in [the local law enacted by the county pursuant to] section  nine
hundred seventy-two of this [chapter] TITLE.
  S  4.  Subdivision  6  of section 975 of the real property tax law, as
added by chapter 953 of the laws of 1962, is amended to read as follows:
  6. The [county] treasurer of a county [which has enacted a  local  law
pursuant  to  section  nine  hundred seventy-two of this chapter], CITY,
TOWN, VILLAGE, SPECIAL DISTRICT OR SCHOOL DISTRICT  may  promulgate  and
amend suitable rules and regulations prescribing the necessary forms for
carrying  into  effect the provisions of this title and of article thir-
teen of this chapter relating to the installment payment of taxes.
  S 5. This act shall take effect on the first of January next  succeed-
ing the date on which it shall have become a law.

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Assembly Bill A10075

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Archive: Last Bill Status - In Assembly Committee

Actions

2009-A10075 (ACTIVE) - Details

2009-A10075 (ACTIVE) - Summary

2009-A10075 (ACTIVE) - Sponsor Memo

2009-A10075 (ACTIVE) - Bill Text download pdf

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Sponsored By

KOLB

Archive: Last Bill Status - In Assembly Committee

Actions

2009-A10075 (ACTIVE) - Details

2009-A10075 (ACTIVE) - Summary

2009-A10075 (ACTIVE) - Sponsor Memo

2009-A10075 (ACTIVE) - Bill Text download pdf

Comments