NY State Senate Bill 2009-S3816

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

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

View Actions

Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 28, 2010	print number 3816a
Jan 28, 2010	amend and recommit to local government
Jan 06, 2010	referred to local government
Apr 01, 2009	referred to local government

Bill Amendments

Original

A (Active)

2009-S3816 - Details

See Assembly Version of this Bill:: A680
Current Committee:: Senate Local Government
Law Section:: Real Property Tax Law
Laws Affected:: Amd §1308, RPT L; amd §§261, 263 & 272, Ed L
Versions Introduced in 2011-2012 Legislative Session:: A3078

2009-S3816 - Summary

Relates to school district libraries and certain tax levies; provides that a school district may levy library taxes in only one part of the school district.

2009-S3816 - Sponsor Memo

                                 BILL NUMBER:  S3816

 TITLE OF BILL :

An act to amend the real property tax law and the education law, in
relation to school district libraries


 PURPOSE :

This legislation seeks to eliminate the issue of double taxation
between school district and municipal public libraries.

 SUMMARY OF PROVISIONS :

Section 1 provides that school district library boundaries need not be
coterminous with the boundaries of the school district.

Section 2 directs the Regents to reject any new library charters which
will create an issue of double-taxation between a school district and
a municipal library.

Section 3 requires every school district library in the state to
review their charters on or before January 31, 2007 to determine if
any part of its library service area includes parcels of land which
are already served by a chartered library. If such a situation exists,

the library must file a charter amendment with the board of Regents,
amending the service area of the library to exclude any such parcels
of land from the school district library.

Section 4 directs the commissioner to hold harmless, for a period of
five years, any school district libraries which may lose revenue over
the prior year solely because of these sections. These payments would
decrease by one-fifth of the amount each succeeding year, and would
cease after the fifth year.

Section 5 is the effective date.

 JUSTIFICATION :

Most New Yorkers pay taxes in support of their local library, which
might serve a village, town, city or school district. However,
approximately 65,000 New York residents are taxed twice _ once to
support a municipal library, and once to support an overlapping school
district's library.  Legislation is needed to end this unnecessary and
unfair burden to taxpayers who typically only utilize one library. A
breakdown of double-taxed residents by county follows:

                                 Double-Taxed
County                           Residents
ALBANY Total                     5,868
CATTARAUGUS Total                   21
CLINTON Total                    1,155
COLUMBIA Total                     115
DELAWARE Total                     127
DUTCHESS Total                   2,314
ESSEX Total                      1,986
GENESEE Total                       51
GREENE Total                     1,069
LIVINGSTON Total                     2
MADISON Total                      327
NASSAU Total                    10,923
NIAGARA Total                       89
ONONDAGA Total                     137
ONTARIO Total                      405
ORANGE Total                     3,267
OTSEGO Total                       141
PUTNAM Total                    26,485
ROCKLAND Total                   4,384
SARATOGA Total                      37
SCHUYLER Total                     146
ST. LAWRENCE Total                   2
STEUBEN Total                      425
ULSTER Total                     1,330
WAYNE Total                        226
WESTCHESTER Total                3,214
WYOMING Total                    1,337
GRAND TOTAL                     65,583

 LEGISLATIVE HISTORY :
2007-08: A.3816; 2006: A.9509.

 FISCAL IMPLICATIONS :

None  to local governments. State would hold school district libraries
harmless from loss of revenue due to a smaller tax base.

 EFFECTIVE DATE :
This act shall take effect in ninety days.

2009-S3816 - Bill Text download pdf

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

                                  3816

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                              April 1, 2009
                               ___________

Introduced  by  Sen.  VOLKER -- read twice and ordered printed, and when
  printed to be committed to the Committee on Local Government

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
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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00563-01-9

S. 3816                             2

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  NINE,  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 NINE 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.

2009-S3816A (ACTIVE) - Details

See Assembly Version of this Bill:: A680
Current Committee:: Senate Local Government
Law Section:: Real Property Tax Law
Laws Affected:: Amd §1308, RPT L; amd §§261, 263 & 272, Ed L
Versions Introduced in 2011-2012 Legislative Session:: A3078

2009-S3816A (ACTIVE) - Summary

Relates to school district libraries and certain tax levies; provides that a school district may levy library taxes in only one part of the school district.

2009-S3816A (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S3816A

 TITLE OF BILL :

An act to amend the real property tax law and the education law, in
relation to school district libraries


 PURPOSE :

This legislation seeks to eliminate the issue of double taxation
between school district and municipal public libraries.

 SUMMARY OF PROVISIONS :

Section 1 provides that school district library boundaries need not be
coterminous with the boundaries of the school district.

Section 2 directs the Regents to reject any new library charters which
will create an issue of double-taxation between a school district and
a municipal library.

Section 3 requires every school district library in the state to
review their charters on or before January 31, 2007 to determine if
any part of its library service area includes parcels of land which
are already served by a chartered library. If such a situation exists,

the library must file a charter amendment with the board of Regents,
amending the service area of the library to exclude any such parcels
of land from the school district library.

Section 4 directs the commissioner to hold harmless, for a period of
five years, any school district libraries which may lose revenue over
the prior year solely because of these sections. These payments would
decrease by one-fifth of the amount each succeeding year, and would
cease after the fifth year.

Section 5 is the effective date.

 JUSTIFICATION :

Most New Yorkers pay taxes in support of their local library, which
might serve a village, town, city or school district. However,
approximately 65,000 New York residents are taxed twice _ once to
support a municipal library, and once to support an overlapping school
district's library.  Legislation is needed to end this unnecessary and
unfair burden to taxpayers who typically only utilize one library. A
breakdown of double-taxed residents by county follows:

                                 Double-Taxed
County                           Residents
ALBANY Total                     5,868
CATTARAUGUS Total                   21
CLINTON Total                    1,155
COLUMBIA Total                     115
DELAWARE Total                     127
DUTCHESS Total                   2,314
ESSEX Total                      1,986
GENESEE Total                       51
GREENE Total                     1,069
LIVINGSTON Total                     2
MADISON Total                      327
NASSAU Total                    10,923
NIAGARA Total                       89
ONONDAGA Total                     137
ONTARIO Total                      405
ORANGE Total                     3,267
OTSEGO Total                       141
PUTNAM Total                    26,485
ROCKLAND Total                   4,384
SARATOGA Total                      37
SCHUYLER Total                     146
ST. LAWRENCE Total                   2
STEUBEN Total                      425
ULSTER Total                     1,330
WAYNE Total                        226
WESTCHESTER Total                3,214
WYOMING Total                    1,337
GRAND TOTAL                     65,583

 LEGISLATIVE HISTORY :
2007-08: A.3816
2006:    A.9509

 FISCAL IMPLICATIONS :

None  to local governments. State would hold school district libraries
harmless from loss of revenue due to a smaller tax base.

 EFFECTIVE DATE :
This act shall take effect in ninety days.

2009-S3816A (ACTIVE) - Bill Text download pdf

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

                                 3816--A

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                              April 1, 2009
                               ___________

Introduced  by  Sen.  VOLKER -- read twice and ordered printed, and when
  printed to be committed to the Committee on Local Government -- recom-
  mitted to the Committee on Local Government in accordance with  Senate
  Rule  6,  sec.  8  --  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
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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00563-02-0

S. 3816--A                          2

  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.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Find your Senator and share your views on important issues.

Do you support this bill?

Senate Bill S3816

Sponsored By

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

Actions

Bill Amendments

2009-S3816 - Details

2009-S3816 - Summary

2009-S3816 - Sponsor Memo

2009-S3816 - Bill Text download pdf

2009-S3816A (ACTIVE) - Details

2009-S3816A (ACTIVE) - Summary

2009-S3816A (ACTIVE) - Sponsor Memo

2009-S3816A (ACTIVE) - Bill Text download pdf

Comments

Do you support this bill?

Get Status Alerts for 2009-S3816

Senate Bill S3816

Share this bill

Sponsored By

Dale M. Volker

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

Actions

Bill Amendments

2009-S3816 - Details

2009-S3816 - Summary

2009-S3816 - Sponsor Memo

2009-S3816 - Bill Text download pdf

2009-S3816A (ACTIVE) - Details

2009-S3816A (ACTIVE) - Summary

2009-S3816A (ACTIVE) - Sponsor Memo

2009-S3816A (ACTIVE) - Bill Text download pdf

Comments