S T A T E O F N E W Y O R K
________________________________________________________________________
773
2009-2010 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 7, 2009
___________
Introduced by M. of A. GUNTHER -- read once and referred to the Commit-
tee on Real Property Taxation
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 STATE BOARD AND SHALL CONTAIN
SUCH INFORMATION AND DOCUMENTATION AS MAY BE REQUIRED BY THE STATE BOARD
AND THE STATE BOARD 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 STATE BOARD AND THE CUMULATIVE VALUE
OF ALL SUCH LANDS SHALL BE EQUALIZED BY APPLYING THERETO THE APPROPRIATE
STATE EQUALIZATION RATE OR SPECIAL EQUALIZATION RATE ESTABLISHED IN
ACCORDANCE WITH THE RULES OF THE STATE BOARD.
(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 STATE BOARD SHALL COMPUTE THE AMOUNT OF
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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00107-01-9
A. 773 2
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 STATE BOARD AND SHALL CONTAIN
SUCH INFORMATION AND DOCUMENTATION AS MAY BE REQUIRED BY THE STATE BOARD
AND THE STATE BOARD 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 STATE BOARD AND THE CUMULATIVE VALUE
OF ALL SUCH LANDS SHALL BE EQUALIZED BY APPLYING THERETO THE APPROPRIATE
STATE EQUALIZATION RATE OR SPECIAL EQUALIZATION RATE ESTABLISHED IN
ACCORDANCE WITH THE RULES OF THE STATE BOARD.
(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 STATE BOARD 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, 2011.