Senate Bill S1706

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

                                 1706--A

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            February 5, 2009
                               ___________

Introduced by Sens. OPPENHEIMER, DIAZ -- read twice and ordered printed,
  and  when printed to be committed to the Committee on Local Government
  -- 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 creating a
  county commercial assessment ratio

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

  Section  1.  The  real  property  tax  law  is amended by adding a new
section 1215 to read as follows:
  S 1215. ESTABLISHMENT OF A COUNTY COMMERCIAL ASSESSMENT RATIO.  1. FOR
PURPOSES OF THIS SECTION:
  (A) "MARKET VALUE RATIO" MEANS THE RATIO OF  ASSESSED  VALUE  TO  FULL
VALUE OF THE TAXABLE REAL PROPERTY ON A FINAL ASSESSMENT ROLL;
  (B)  "MAJOR  TYPE  B" PROPERTY MEANS A GROUP OF TAXABLE PARCELS DESIG-
NATED AS COMMERCIAL PROPERTY INCLUDING APARTMENTS, INDUSTRIAL  PROPERTY,
RECREATION  AND ENTERTAINMENT PROPERTY, TAXABLE COMMUNITY SERVICES PROP-
ERTY, AND PUBLIC SERVICES PROPERTY NOT CONTAINED WITH MAJOR TYPE D PROP-
ERTY: EXCEPT IN A HOMESTEAD ASSESSING UNIT, MAJOR TYPE B  PROPERTY  ALSO
INCLUDES RESIDENTIAL PROPERTY NOT IN MAJOR TYPE A;
  (C) "NON-REASSESSMENT MUNICIPALITY" MEANS ANY MUNICIPALITY THAT IS NOT
DESIGNATED AS A REASSESSMENT MUNICIPALITY;
  (D) "MAJOR TYPE A" PROPERTY MEANS RESIDENTIAL REAL PROPERTY OTHER THAN
APARTMENTS,  EXCEPT  THAT  FOR  A HOMESTEAD ASSESSING UNIT, MAJOR TYPE A
DESIGNATES THE HOMESTEAD CLASS AS DEFINED IN  SECTION  NINETEEN  HUNDRED
ONE OF THIS CHAPTER; AND
  (E)  "MAJOR  TYPE D" DESIGNATES PUBLIC SERVICES UTILITY REAL PROPERTY,
NOT INCLUDING CEILING RAILROAD AND SPECIAL FRANCHISE PROPERTY.
  2. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, FOR  AN
ASSESSING  UNIT  CONTAINED  IN ANY COUNTY WITH A POPULATION OF MORE THAN
NINE  HUNDRED  TWENTY-THREE  THOUSAND  BUT  LESS   THAN   NINE   HUNDRED

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03364-04-9
              

S. 1706--A                          2

TWENTY-FOUR THOUSAND AS DETERMINED BY THE TWO THOUSAND FEDERAL DECENNIAL
CENSUS  THERE  SHALL  BE  ESTABLISHED  A  COMMERCIAL ASSESSMENT RATIO AS
FOLLOWS:
  (A)  SIXTY  DAYS PRIOR TO THE DATE FOR FILING THE TENTATIVE ASSESSMENT
ROLL OF AN ASSESSING UNIT, THE STATE BOARD SHALL ESTABLISH  THE  COMMER-
CIAL  ASSESSMENT  RATIO FOR SUCH CITY, TOWN OR VILLAGE PROVIDED THAT (I)
THE STATE BOARD IS REQUIRED BY LAW TO  ESTABLISH  A  STATE  EQUALIZATION
RATE  FOR SUCH CITY, TOWN OR VILLAGE, AND HAS ESTABLISHED SUCH EQUALIZA-
TION RATE, AND (II) THAT SUCH CITY, TOWN OR VILLAGE  IS  NOT  A  SPECIAL
ASSESSING  UNIT AS DEFINED IN SECTION EIGHTEEN HUNDRED ONE OF THIS CHAP-
TER, AND (III) THE CITY, TOWN OR VILLAGE IS NOT COMPLETING A REVALUATION
OR UPDATE. IN THE CASE OF A CITY IN A COUNTY HAVING A COUNTY  DEPARTMENT
OF  ASSESSMENT  WITH  THE POWER TO ASSESS REAL PROPERTY, THE STATE BOARD
ALSO SHALL ESTABLISH A COMMERCIAL ASSESSMENT RATIO FOR THAT  PORTION  OF
THE  COUNTY  ROLL CONTAINING THE ASSESSMENTS OF TAXABLE REAL PROPERTY IN
SUCH CITY.
  (B) SUCH COMMERCIAL ASSESSMENT RATIO SHALL BE THE MARKET  VALUE  RATIO
FOR  MAJOR  TYPE  B  PROPERTY FOR NON-REASSESSMENT MUNICIPALITIES ESTAB-
LISHED PURSUANT TO THE RULES, REGULATIONS AND PROCEDURES PROMULGATED  BY
THE STATE BOARD FOR THE ESTABLISHMENT OF STATE EQUALIZATION RATES.
  (C) NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION ONE OF THIS SECTION,
A  CITY,  TOWN,  OR  VILLAGE MAY BY LOCAL LAW PROVIDE THAT NO COMMERCIAL
ASSESSMENT RATIO SHALL BE APPLICABLE WITHIN ITS JURISDICTION.
  S 2. Subparagraph 3 of paragraph (b) of subdivision 3 of  section  720
of  the  real  property tax law is amended by adding a new clause (e) to
read as follows:
  (E) IN ASSESSING UNITS THAT  HAVE  AN  ESTABLISHED  COUNTY  COMMERCIAL
ASSESSMENT  RATIO  OTHER  THAN  SPECIAL  ASSESSING  UNITS  AS DEFINED IN
SECTION EIGHTEEN HUNDRED ONE OF THIS CHAPTER, AND UPON THE REVIEW OF  AN
ASSESSMENT OF MAJOR TYPE B PROPERTY AS DEFINED IN SECTION TWELVE HUNDRED
FIFTEEN OF THIS CHAPTER, THE COMMERCIAL ASSESSMENT RATIO ESTABLISHED FOR
THE ROLL CONTAINING THE ASSESSMENT UNDER REVIEW.
  S  3. This act shall take effect immediately and shall apply beginning
with the 2009 assessment roll.