S T A T E O F N E W Y O R K
________________________________________________________________________
680--A
2009-2010 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 7, 2009
___________
Introduced by M. of A. CALHOUN, CROUCH, ERRIGO, BARRA, KOLB, HAWLEY,
BALL -- Multi-Sponsored by -- M. of A. ALFANO, BACALLES, BURLING,
BUTLER, FINCH, FITZPATRICK, GIGLIO, JORDAN, McDONOUGH, J. MILLER,
RABBITT, SAYWARD, TEDISCO, THIELE, TOWNSEND -- read once and referred
to the Committee on Libraries and Education Technology -- recommitted
to the Committee on Libraries and Education Technology in accordance
with Assembly Rule 3, sec. 2 -- committee discharged, bill amended,
ordered reprinted as amended and recommitted to said committee
AN ACT to amend the real property tax law and the education law, in
relation to school district libraries
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 1308 of the real property tax law is amended to
read as follows:
S 1308. Property subject to levy. [Except as provided in section thir-
teen hundred ten of this chapter, school] SCHOOL district taxes shall be
levied by the school authorities upon all real property within the boun-
daries of the district which is not by law exempt from such taxation.
Such taxes shall be levied against each parcel of such real property. In
all cases the levy shall be deemed as against the real property itself.
A SCHOOL DISTRICT MAY LEVY LIBRARY TAXES IN ONLY ONE PART OF THE SCHOOL
DISTRICT. The name of the owner, last known owner or reputed owner shall
be regarded as an aid to identify such parcel. A mistake in any such
name shall not affect the validity of the levy against the parcel.
S 2. Section 261 of the education law, as amended by chapter 476 of
the laws of 1977, is amended to read as follows:
S 261. Incorporation. Within one month after taking office, the first
board of trustees of any such public library or Indian library shall
apply to the regents for a charter in accordance with the vote estab-
lishing the library. IF IT SHALL APPEAR TO THE REGENTS THAT THE SERVICE
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00563-03-0
A. 680--A 2
AREA PROPOSED FOR ANY SUCH PUBLIC LIBRARY INCLUDES ANY AREAS ALREADY
SERVED BY A CHARTERED LIBRARY, THE REGENTS SHALL DISAPPROVE SUCH APPLI-
CATION AND THE CHARTER SHALL NOT BE GRANTED.
S 3. Section 263 of the education law, as renumbered by chapter 273 of
the laws of 1950, is amended to read as follows:
S 263. Reports. 1. Every library or museum, other than a school
library, which enjoys any exemption from taxation or receives state aid
or other privilege not usually accorded to business corporations shall
make the report required by section two hundred fifteen of this [chap-
ter] ARTICLE, and such report shall relieve the institution from making
any report now required by statute or charter to be made to the legisla-
ture or to any department, court or other authority of the state. These
reports shall be summarized and transmitted to the legislature by the
regents with the annual reports of the university.
2. EVERY SCHOOL LIBRARY SHALL, ON OR BEFORE JANUARY THIRTY-FIRST, TWO
THOUSAND ELEVEN, REVIEW THEIR CHARTER TO DETERMINE IF ANY PART OF ITS
LIBRARY SERVICE AREA INCLUDES PARCELS OF LAND ALREADY SERVED BY A CHAR-
TERED LIBRARY. IF SUCH A SITUATION EXISTS, THE LIBRARY MUST FILE A CHAR-
TER AMENDMENT WITH THE REGENTS, CHANGING THE SERVICE AREA OF THE LIBRARY
TO EXCLUDE ANY SUCH PARCELS OF LAND.
S 4. Subdivision 1 of section 272 of the education law is amended by
adding a new paragraph m to read as follows:
M. THE COMMISSIONER SHALL, FOR THE FIRST FIVE YEARS AFTER THE EFFEC-
TIVE DATE OF THIS PARAGRAPH, HOLD HARMLESS, WITH FUNDING FROM THE STATE,
ANY SCHOOL LIBRARIES WHICH LOSE REVENUE OVER THE PRIOR YEAR SOLELY
BECAUSE OF THE IMPACT OF THE AMENDMENTS TO SECTION THIRTEEN HUNDRED
EIGHT OF THE REAL PROPERTY TAX LAW AND SECTIONS TWO HUNDRED SIXTY-ONE
AND TWO HUNDRED SIXTY-THREE OF THIS ARTICLE BY THE CHAPTER OF THE LAWS
OF TWO THOUSAND TEN WHICH ADDED THIS PARAGRAPH IN THE FOLLOWING AMOUNT:
ONE HUNDRED PERCENT OF SUCH AMOUNT IN THE FIRST YEAR; EIGHTY PERCENT OF
SUCH AMOUNT IN THE SECOND YEAR; SIXTY PERCENT OF SUCH AMOUNT IN THE
THIRD YEAR; FORTY PERCENT OF SUCH AMOUNT IN THE FOURTH YEAR; TWENTY
PERCENT OF SUCH AMOUNT IN THE FIFTH YEAR; AND THEREAFTER SUCH PAYMENTS
SHALL CEASE TO BE ALLOWED.
S 5. This act shall take effect on the ninetieth day after it shall
have become a law.