Assembly Bill A1792

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

                                  1792

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 12, 2009
                               ___________

Introduced  by M. of A. CALHOUN -- read once and referred to the Commit-
  tee on Real Property Taxation

AN ACT to amend the real property tax law, in relation  to  establishing
  certain  practices  in  connection with real property taxes to include
  requiring payment of expenses, exemptions, deferments and assessments;
  providing of state assistance, taxation, method of payment and  estab-
  lishment of equalization rates and to repeal certain provisions there-
  of relating thereto

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

  Section 1. Paragraph (i) of subdivision 1 of section 202 of  the  real
property tax law is amended to read as follows:
  (i)  Obtain  from  state  and local officers, bodies or other agencies
such information as may be necessary for the  proper  discharge  of  its
duties,  which  information  shall  be  furnished on demand of the state
board, PROVIDED HOWEVER, THAT WITH RESPECT TO ANY SUCH INFORMATION TO BE
OBTAINED FROM LOCAL OFFICERS, BODIES OR OTHER LOCAL AGENCIES, THE  BOARD
SHALL  PAY  THE ACTUAL AND NECESSARY EXPENSES OF PROVIDING SUCH INFORMA-
TION;
  S 2. The real property tax law is amended by adding a new section  306
to read as follows:
  S  306.  TAXABLE  STATUS  OF COMMUNITY RESIDENCES. FOR THE PURPOSES OF
THIS SECTION, "COMMUNITY RESIDENCE" MEANS ANY FACILITY  OPERATED  BY  OR
SUBJECT  TO  LICENSURE  BY  THE OFFICE OF MENTAL HEALTH OR THE OFFICE OF
MENTAL RETARDATION  AND  DEVELOPMENTAL  DISABILITIES  WHICH  PROVIDES  A
SUPERVISED  RESIDENCE OR RESIDENTIAL RESPITE SERVICES FOR MENTALLY DISA-
BLED PERSONS AND A HOMELIKE ENVIRONMENT AND ROOM, BOARD AND  RESPONSIBLE
SUPERVISION  FOR THE HABILITATION OR REHABILITATION OF MENTALLY DISABLED
PERSONS AS PART OF AN OVERALL SERVICE DELIVERY SYSTEM. A COMMUNITY RESI-
DENCE SHALL INCLUDE AN INTERMEDIATE CARE FACILITY WITH FOURTEEN OR FEWER
RESIDENTS THAT HAS BEEN APPROVED PURSUANT TO LAW, AND A COMMUNITY  RESI-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02294-01-9
              

A. 1792                             2

DENTIAL  FACILITY  AS THAT TERM IS DEFINED IN SECTION 1.03 OF THE MENTAL
HYGIENE LAW. SUCH TERM DOES NOT INCLUDE FAMILY CARE HOMES.
  NOTWITHSTANDING  THE  PROVISIONS  OF  ANY  OTHER LAW, ON AND AFTER THE
EFFECTIVE DATE OF THIS SECTION, THE REAL  PROPERTY  TAXES  ON  ANY  REAL
PROPERTY  THAT  IS DEFINED AS A COMMUNITY RESIDENCE PURSUANT TO SUBDIVI-
SION TWENTY-EIGHT OF SECTION 1.03 OF THE MENTAL HYGIENE LAW OR  PURSUANT
TO THIS SECTION SHALL BE PAID BY THE STATE.
  S 3. Paragraph (a) of subdivision 1 of section 420-a of the real prop-
erty  tax  law,  as  amended by chapter 920 of the laws of 1981 and such
section as renumbered by chapter 919 of the laws of 1981, is amended  to
read as follows:
  (a)   Real property owned by a corporation or association organized or
conducted exclusively for religious, charitable, hospital,  educational,
or  moral  or  mental improvement of men, women or children purposes, or
for two or more such purposes, and used  exclusively  for  carrying  out
thereupon  one or more of such purposes either by the owning corporation
or association or by another such corporation or association as  herein-
after  provided  shall  be  exempt  from  taxation  as  provided in this
section; PROVIDED, HOWEVER, TO BE ELIGIBLE A CORPORATION OR  ASSOCIATION
ORGANIZED  FOR  MORAL  OR  MENTAL  IMPROVEMENT OF MEN, WOMEN OR CHILDREN
PURPOSES MUST BE INCORPORATED OR ORGANIZED IN THE STATE OF NEW YORK  AND
ITS CORPORATE OR ORGANIZATIONAL HEADQUARTERS LOCATED THEREIN.
  S 4. Subdivision 3 of section 420-a of the real property tax law, such
section  as renumbered by chapter 919 of the laws of 1981, is amended to
read as follows:
  3. Such real property from which no revenue is derived shall be exempt
though not in actual use therefor by reason of the absence  of  suitable
buildings or improvements thereon if (a) the construction of such build-
ings  or improvements is in progress or is in good faith contemplated by
such corporation or association or (b) such real  property  is  held  by
such  corporation  or  association upon condition that the title thereto
shall revert in case any building not intended and suitable for  one  or
more  such  purposes  shall  be  erected upon such premises or some part
thereof. AS USED IN THIS SUBDIVISION: "IN GOOD FAITH CONTEMPLATED" SHALL
MEAN HOLDING VACANT LAND FOR FIVE  YEARS  OR  LESS  FROM  THE  DATE  THE
EXEMPTION  HAS BEEN GRANTED AND "ACTIVELY" SHALL  MEAN A NON-PASSIVE USE
OF THE PROPERTY. ONLY THAT PORTION OF THE LAND WHICH IS USED EXCLUSIVELY
AND ACTIVELY FOR THE EXEMPT PURPOSE SHALL BE GRANTED THE EXEMPTION. USES
SUCH AS MEDITATION AND HIKING SHALL NOT BE CONSIDERED ACTIVE USES. ACRE-
AGE OWNED BY A CORPORATION OR ASSOCIATION ORGANIZED FOR MORAL OR  MENTAL
IMPROVEMENT OF MEN, WOMEN OR CHILDREN PURPOSES IN EXCESS OF ONE THOUSAND
ACRES  WHERE THE ACREAGE IS UNDER THE SAME OWNERSHIP AND SITUATED IN THE
SAME ASSESSING UNIT SHALL NOT BE ELIGIBLE FOR EXEMPTION.
  S 5. Paragraph (a) of subdivision 1 of section 420-b of the real prop-
erty tax law, as added by chapter 919 of the laws of 1981, is amended to
read as follows:
  (a) Real property owned by  a  corporation  or  association  which  is
organized  exclusively  for bible, tract, benevolent, missionary, infir-
mary, public playground, scientific, literary, bar association,  medical
society,  library, patriotic or historical purposes, for the development
of good sportsmanship for  persons  under  the  age  of  eighteen  years
through the conduct of supervised athletic games, for the enforcement of
laws  relating to children or animals, or for two or more such purposes,
and used exclusively for carrying out thereupon  one  or  more  of  such
purposes  either by the owning corporation or association, or by another
such corporation or association as hereinafter provided, shall be exempt

A. 1792                             3

from taxation; PROVIDED, HOWEVER, TO BE ELIGIBLE A CORPORATION OR  ASSO-
CIATION  MUST  BE INCORPORATED OR ORGANIZED IN THE STATE OF NEW YORK AND
ITS  CORPORATE  OR  ORGANIZATIONAL  HEADQUARTERS  LOCATED  THEREIN;  AND
provided,  FURTHER  however,  that such property shall be taxable by any
municipal corporation within which it is located if the governing  board
of such municipal corporation, after public hearing, adopts a local law,
ordinance or resolution so providing. None of the following subdivisions
of  this section providing that certain properties shall be exempt under
circumstances or conditions set forth in such subdivisions shall  exempt
such  property  from taxation by a municipal corporation whose governing
board has adopted a local law, ordinance or  resolution  providing  that
such property shall be taxable pursuant to this subdivision.
  S  6.  Subdivision 3 of section 420-b of the real property tax law, as
added by chapter 919 of the laws of 1981, is amended to read as follows:
  3. Such real property from which no revenue is derived shall be exempt
though not in actual use therefor by reason of the absence  of  suitable
buildings or improvements thereon if (a) the construction of such build-
ings  or improvements is in progress or is in good faith contemplated by
such corporation or association or (b) such real  property  is  held  by
such  corporation  or  association upon condition that the title thereto
shall revert in case any building not intended and suitable for  one  or
more  of  such purposes shall be erected upon such premises or some part
thereof. AS USED IN THIS SUBDIVISION: "IN GOOD FAITH CONTEMPLATED" SHALL
MEAN HOLDING VACANT LAND FOR FIVE  YEARS  OR  LESS  FROM  THE  DATE  THE
EXEMPTION  HAS  BEEN GRANTED AND "ACTIVELY" SHALL MEAN A NON-PASSIVE USE
OF THE PROPERTY. ONLY THAT PORTION OF THE LAND WHICH IS USED EXCLUSIVELY
AND ACTIVELY FOR THE EXEMPT PURPOSE SHALL BE GRANTED THE EXEMPTION. USES
SUCH AS MEDITATION AND HIKING SHALL NOT BE CONSIDERED ACTIVE USES. ACRE-
AGE IN EXCESS OF ONE THOUSAND ACRES WHERE THE ACREAGE IS UNDER THE  SAME
OWNERSHIP  AND SITUATED IN THE SAME ASSESSING UNIT SHALL NOT BE ELIGIBLE
FOR EXEMPTION.
  S 7. The real property tax law is amended  by  adding  a  new  section
467-g to read as follows:
  S  467-G.  TAX DEFERMENTS FOR PERSONS SIXTY-FIVE YEARS OF AGE OR OVER.
1. (A) REAL PROPERTY OWNED BY ONE OR  MORE  PERSONS,  EACH  OF  WHOM  IS
SIXTY-FIVE YEARS OF AGE OR OVER, OR REAL PROPERTY OWNED BY A HUSBAND AND
WIFE,  ONE  OF WHOM IS OVER SIXTY-FIVE YEARS OF AGE, MAY IN THE ALTERNA-
TIVE TO ANY EXEMPTION PROVIDED FOR  PURSUANT  TO  SECTION  FOUR  HUNDRED
SIXTY-SEVEN  OF THIS ARTICLE, RECEIVE A TAX DEFERMENT FROM ANY MUNICIPAL
CORPORATION IN WHICH LOCATED, PROVIDED THE GOVERNING BOARD OF SUCH MUNI-
CIPALITY, AFTER PUBLIC HEARING, ADOPTS A LOCAL LAW, ORDINANCE OR  RESOL-
UTION  PROVIDING THEREFOR. SUCH DEFERMENT SHALL BE ALL OF THE TAX LEVIED
UPON SUBJECT PROPERTIES IN THE APPROPRIATE YEAR.  FOR  THE  PURPOSES  OF
THIS  SUBDIVISION, THE TERM "TAX" SHALL NOT INCLUDE A SPECIAL AD VALOREM
LEVY OR SPECIAL ASSESSMENT.
  (B) THE REAL PROPERTY TAX DEFERMENT ON REAL PROPERTY OWNED BY  HUSBAND
AND  WIFE, ONE OF WHOM IS SIXTY-FIVE YEARS OF AGE OR OVER, ONCE GRANTED,
SHALL NOT BE RESCINDED BY ANY MUNICIPAL CORPORATION  SOLELY  BECAUSE  OF
THE  DEATH  OF  THE  OLDER  SPOUSE SO LONG AS THE SURVIVING SPOUSE IS AT
LEAST SIXTY-TWO YEARS OF AGE AND, WITHIN SIXTY DAYS FOLLOWING THE  DEATH
OF  THE OLDER SPOUSE, ENTERS INTO A TAX DEFERMENT AND RECOVERY AGREEMENT
AS DESCRIBED IN SUBDIVISION THREE OF THIS SECTION.
  2. DEFERMENT FROM TAXATION FOR SCHOOL PURPOSES SHALL NOT BE GRANTED IN
THE CASE OF REAL PROPERTY WHERE A CHILD RESIDES IF SUCH CHILD ATTENDS  A
PUBLIC SCHOOL OF ELEMENTARY OR SECONDARY EDUCATION.
  3. NO DEFERMENT SHALL BE GRANTED:

A. 1792                             4

  (A) UNLESS THE OWNER OR ALL OF THE OWNERS OF THE PROPERTY ENTER INTO A
TAX  DEFERMENT AND RECOVERY AGREEMENT WITH THE MUNICIPALITY IN WHICH THE
PROPERTY IS SITUATED.  ANY SUCH AGREEMENT SHALL PROVIDE:
  (1)  THAT PAYMENT TO THE MUNICIPALITY IN FULL SATISFACTION OF THE LIEN
DESCRIBED IN PARAGRAPH (B) OF SUBDIVISION EIGHT OF THIS SECTION SHALL BE
A CONDITION TO THE SALE, TRANSFER OR OTHER CONVEYANCE OF THE PROPERTY;
  (2) THAT PAYMENT TO THE MUNICIPALITY IN FULL SATISFACTION OF SUCH LIEN
SHALL BECOME DUE AND PAYABLE WHENEVER THE OWNER OR ALL OF THE OWNERS  OF
THE SUBJECT PROPERTY SHALL CEASE TO OCCUPY IT, IN WHOLE OR IN PART;
  (3)  THAT  WHEN THE TOTAL AMOUNT OF TAXES DEFERRED WITH RESPECT TO THE
SUBJECT PROPERTY REACHES THREE-QUARTERS OF  THE  FULL  AND  FAIR  MARKET
VALUE  THEREOF  AS  SHOWN  IN  THE  RECORDS OF THE APPROPRIATE ASSESSING
AUTHORITY, LESS THE TOTAL AMOUNT OF MONEY OWED ON ANY LIEN  RECORDED  AT
THE  OFFICE  OF  THE  COUNTY  CLERK IN WHICH THE PROPERTY IS SITUATED NO
FUTURE DEFERMENT SHALL BE AVAILABLE WITH RESPECT TO TAXES LEVIED  THERE-
AFTER;  PROVIDED  THAT WITH RESPECT TO A SURVIVING SPOUSE WHO RECEIVES A
DEFERMENT DUE SOLELY TO THE APPLICATION OF PARAGRAPH (B) OF  SUBDIVISION
ONE OF THIS SECTION, THE AMOUNT OF TAXES DEFERRED DURING THE LIFE OF THE
OLDER  SPOUSE  SHALL  BE  ADDED  TO  THE AMOUNT OF TAXES DEFERRED TO THE
SURVIVOR FOR PURPOSES OF THIS PARAGRAPH;
  (4) THAT UPON THE DEATH OF THE OWNER OR, IF MORE THAN ONE, THE  SURVI-
VOR  OF  THEM, THE TOTAL AMOUNT CONSTITUTING THE LIEN DESCRIBED IN PARA-
GRAPH (B) OF SUBDIVISION EIGHT OF THIS SECTION, UNLESS THE DEFERMENT  IS
CONTINUED  BY A SURVIVING SPOUSE, SHALL BE DUE AND PAYABLE AND RECOVERA-
BLE FROM THE ESTATE OF SUCH OWNER;
  (B) IF THE INCOME OF THE OWNER OR THE COMBINED INCOME OF THE OWNERS OF
THE PROPERTY FOR THE INCOME TAX YEAR IMMEDIATELY PRECEDING THE  DATE  OF
MAKING  APPLICATION  FOR  DEFERMENT EXCEEDS THE SUM OF THIRTEEN THOUSAND
FIVE HUNDRED DOLLARS AS MAY BE PROVIDED BY THE LOCAL LAW,  ORDINANCE  OR
RESOLUTION.    INCOME  TAX  YEAR  SHALL MEAN THE TWELVE MONTH PERIOD FOR
WHICH THE OWNER OR OWNERS FILED A FEDERAL PERSONAL INCOME TAX RETURN, OR
IF NO SUCH RETURN IS FILED, THE CALENDAR YEAR. WHERE TITLE IS VESTED  IN
EITHER  THE  HUSBAND  OR  THE WIFE, THEIR COMBINED INCOME MAY NOT EXCEED
SUCH SUM. SUCH INCOME SHALL INCLUDE SOCIAL SECURITY AND RETIREMENT BENE-
FITS, INTEREST, DIVIDENDS, TOTAL GAIN FROM THE SALE  OR  EXCHANGE  OF  A
CAPITAL ASSET WHICH MAY BE OFFSET BY A LOSS FROM THE SALE OR EXCHANGE OF
A  CAPITAL  ASSET IN THE SAME INCOME TAX YEAR, NET RENTAL INCOME, SALARY
OR EARNINGS, AND NET INCOME FROM SELF-EMPLOYMENT, BUT SHALL NOT  INCLUDE
A  RETURN  OF  CAPITAL,  GIFTS  OR INHERITANCES. IN COMPUTING NET RENTAL
INCOME AND NET INCOME FROM  SELF-EMPLOYMENT  NO  DEPRECIATION  DEDUCTION
SHALL  BE  ALLOWED FOR THE EXHAUSTION, WEAR AND TEAR OF REAL OR PERSONAL
PROPERTY HELD FOR THE PRODUCTION OF INCOME;
  (C) UNLESS THE TITLE OF THE PROPERTY SHALL HAVE  BEEN  VESTED  IN  THE
OWNER  OR  ONE  OF  THE  OWNERS OF THE PROPERTY FOR AT LEAST TWENTY-FOUR
CONSECUTIVE MONTHS PRIOR TO THE DATE OF MAKING AN APPLICATION FOR DEFER-
MENT, PROVIDED, HOWEVER, THAT IN THE EVENT OF  THE  DEATH  OF  EITHER  A
HUSBAND  OR  WIFE  IN  WHOSE  NAME TITLE OF THE PROPERTY SHALL HAVE BEEN
VESTED AT THE TIME OF DEATH AND THEN BECOMES VESTED SOLELY IN THE SURVI-
VOR BY VIRTUE OF DEVISE BY OR DESCENT FROM THE DECEASED HUSBAND OR WIFE,
THE TIME OF OWNERSHIP OF THE PROPERTY BY THE DECEASED  HUSBAND  OR  WIFE
SHALL BE DEEMED ALSO A TIME OF OWNERSHIP BY THE SURVIVOR AND SUCH OWNER-
SHIP SHALL BE DEEMED CONTINUOUS FOR THE PURPOSES OF COMPUTING SUCH PERI-
OD OF TWENTY-FOUR CONSECUTIVE MONTHS PROVIDED FURTHER, THAT IN THE EVENT
OF  A TRANSFER BY EITHER A HUSBAND OR WIFE TO THE OTHER SPOUSE OF ALL OR
PART OF THE TITLE TO THE  PROPERTY, THE TIME OF OWNERSHIP OF THE PROPER-
TY BY THE TRANSFEROR SPOUSE SHALL BE DEEMED ALSO A TIME OF OWNERSHIP  BY

A. 1792                             5

THE  TRANSFEREE SPOUSE AND SUCH OWNERSHIP SHALL BE DEEMED CONTINUOUS FOR
THE PURPOSES OF COMPUTING SUCH PERIOD OF TWENTY-FOUR CONSECUTIVE  MONTHS
AND PROVIDED FURTHER THAT WHERE PROPERTY OF THE OWNER OR OWNERS HAS BEEN
ACQUIRED  TO REPLACE PROPERTY FORMERLY OWNED BY SUCH OWNER OR OWNERS AND
TAKEN BY EMINENT DOMAIN OR OTHER INVOLUNTARY PROCEEDING,  EXCEPT  A  TAX
SALE,  THE  PERIOD OF OWNERSHIP OF THE FORMER PROPERTY SHALL BE COMBINED
WITH THE PERIOD OF OWNERSHIP OF THE PROPERTY FOR  WHICH  APPLICATION  IS
MADE  FOR  DEFERMENT AND SUCH PERIODS OF OWNERSHIP SHALL BE DEEMED TO BE
CONSECUTIVE FOR PURPOSES OF THIS SECTION;
  (D) UNLESS THE PROPERTY IS USED EXCLUSIVELY FOR RESIDENTIAL PURPOSES;
  (E) UNLESS THE REAL PROPERTY IS THE LEGAL RESIDENCE OF AND IS OCCUPIED
IN WHOLE OR IN PART BY THE OWNER OR BY ALL OF THE OWNERS OF THE  PROPER-
TY.
  4.  THE  MUNICIPALITY  IN  WHICH  SUCH REAL PROPERTY IS LOCATED, SHALL
NOTIFY, OR CAUSE TO BE NOTIFIED, EACH  PERSON  OWNING  RESIDENTIAL  REAL
PROPERTY  IN  SUCH  MUNICIPALITY OF THE PROVISIONS OF THIS SECTION.  THE
PROVISIONS OF THIS SUBDIVISION MAY BE MET BY A NOTICE OR LEGEND SENT  ON
OR  WITH  EACH TAX BILL TO SUCH PERSONS READING "YOU MAY BE ELIGIBLE FOR
SENIOR  CITIZEN  TAX  DEFERMENTS.  FOR  INFORMATION   PLEASE   CALL   OR
WRITE..............,"  FOLLOWED  BY  THE  NAME,  TELEPHONE NUMBER AND/OR
ADDRESS OF A PERSON  OR  DEPARTMENT  SELECTED  BY  THE  MUNICIPALITY  TO
EXPLAIN  THE  PROVISIONS OF THIS SECTION. FAILURE TO NOTIFY, OR CAUSE TO
BE NOTIFIED ANY PERSON WHO IS IN FACT, ELIGIBLE TO  RECEIVE  THE  DEFER-
MENTS  PROVIDED BY THIS SECTION OR THE FAILURE OF SUCH PERSON TO RECEIVE
THE SAME SHALL NOT PREVENT THE LEVY, COLLECTION AND ENFORCEMENT  OF  THE
PAYMENT OF THE TAXES ON PROPERTY OWNED BY SUCH PERSON.
  5. APPLICATION FOR SUCH DEFERMENT MUST BE MADE BY THE OWNER, OR ALL OF
THE OWNERS OF THE PROPERTY, ON FORMS PRESCRIBED BY THE STATE BOARD TO BE
FURNISHED  BY  THE APPROPRIATE ASSESSING AUTHORITY AND SHALL FURNISH THE
INFORMATION AND BE EXECUTED IN THE MANNER REQUIRED OR PRESCRIBED IN SUCH
FORMS, AND SHALL BE FILED IN SUCH ASSESSOR'S OFFICE  ON  OR  BEFORE  THE
APPROPRIATE TAXABLE STATUS DATE.
  6.  AT  LEAST SIXTY DAYS PRIOR TO THE APPROPRIATE TAXABLE STATUS DATE,
THE ASSESSING AUTHORITY SHALL MAIL TO EACH PERSON WHO WAS GRANTED DEFER-
MENT PURSUANT TO THIS SECTION ON THE LATEST COMPLETED ASSESSMENT ROLL AN
APPLICATION FORM, A NOTICE THAT SUCH APPLICATION MUST  BE  FILED  ON  OR
BEFORE  SUCH TAXABLE STATUS DATE AND BE APPROVED IN ORDER FOR THE DEFER-
MENT TO BE GRANTED, AND A COPY OF A TAX DEFERMENT AND RECOVERY AGREEMENT
TO BE EXECUTED BY SUCH PERSON.   FAILURE TO MAIL  ANY  SUCH  APPLICATION
FORM,  NOTICE  OR AGREEMENT OR THE FAILURE OF SUCH PERSON TO RECEIVE THE
SAME SHALL NOT PREVENT THE  LEVY,  COLLECTION  AND  ENFORCEMENT  OF  THE
PAYMENT OF THE TAXES ON PROPERTY OWNED BY SUCH PERSON.
  7.  WHEN  THE  OWNER  OR  OWNERS  OF REAL PROPERTY HAVE RECEIVED A TAX
DEFERMENT PURSUANT TO THIS SECTION, THE TAX BILL FURNISHED TO SUCH OWNER
OR OWNERS SHALL CONTAIN A STATEMENT OF THE AMOUNT OF TAXES DEFERRED  FOR
THE FISCAL YEAR FOR WHICH THE BILL IS RENDERED, AND SHALL ALSO CONTAIN A
STATEMENT  OF  THE  CUMULATIVE  AMOUNT  OF TAXES DEFERRED, INCLUDING THE
FISCAL YEAR FOR WHICH THE TAX BILL IS RENDERED.
  8. (A) ANY MUNICIPAL CORPORATION IN WHICH PROPERTY  GRANTED  DEFERMENT
AS  HEREBY  PROVIDED IS LOCATED, WITHIN THIRTY DAYS FOLLOWING THE APPRO-
PRIATE TAXABLE STATUS DATE, SHALL SUBMIT, FOR THE PURPOSES OF RECORDING,
TO THE CLERK OF THE COUNTY WHERE THE SUBJECT PROPERTY IS SITUATED A COPY
OF THE TAX DEFERMENT AND RECOVERY  AGREEMENT  PERTAINING  TO  EACH  SUCH
DEFERMENT AND ENTERED INTO UNDER SUBDIVISION THREE OF THIS SECTION.  FOR
THE PURPOSES OF THIS PARAGRAPH, SUCH A TAX DEFERMENT AND RECOVERY AGREE-

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MENT  MAY BE RECORDED IN THE SAME MANNER AS CONVEYANCES OF REAL PROPERTY
UNDER THE REAL PROPERTY LAW.
  (B)  THE  AMOUNT OF ANY TAXES DEFERRED UNDER THIS SECTION WITH RESPECT
TO PARTICULAR REAL PROPERTY,  TOGETHER  WITH  INTEREST  THEREON  AT  THE
PREVAILING  RATE  AT  WHICH  THE  STATE OF NEW YORK MORTGAGE AGENCY LAST
FUNDED MORTGAGES ANYWHERE WITHIN THE STATE  APPLICABLE TO REAL  PROPERTY
MORTGAGES  ON  THE APPROPRIATE TAXABLE STATUS DATE, SHALL, AS OF THE DAY
ON WHICH THE TAX AS TO WHICH THE DEFERMENT IS GRANTED BECOMES A LIEN AND
UNTIL PAID, CONSTITUTE A LIEN AGAINST SUCH  PROPERTY  IN  FAVOR  OF  THE
APPROPRIATE  MUNICIPAL  CORPORATION,  WHICH  LIEN SHALL HAVE PRIORITY AS
AGAINST ALL OTHER LIENS OF ANY NATURE OR KIND; PROVIDED, THAT SUCH  LIEN
SHALL  BE  DUE  AND  PAYABLE  ONLY UNDER THOSE CIRCUMSTANCES IN WHICH AN
AMOUNT EQUAL TO THE AMOUNT OF TAXES DEFERRED,  PLUS  INTEREST,  MUST  BE
PAID OR IS RECOVERABLE PURSUANT TO PARAGRAPH (A) OF SUBDIVISION THREE OF
THIS SECTION.
  (C)  UPON  THE  OCCURRENCE  OF  ANY  CIRCUMSTANCE  IN WHICH THE AMOUNT
CONSTITUTING A LIEN UNDER PARAGRAPH (B) OF THIS SUBDIVISION EQUAL TO THE
AMOUNT OF TAXES DEFERRED, PLUS INTEREST, MUST BE PAID OR IS  RECOVERABLE
UNDER PARAGRAPH (A) OF SUBDIVISION THREE OF THIS SECTION THE APPROPRIATE
MUNICIPAL  CORPORATION  SHALL  BRING  AN  ACTION  TO  ENFORCE  THE  LIEN
DESCRIBED IN PARAGRAPH (B) OF THIS SUBDIVISION OR TO RECOVER THE  AMOUNT
OF SUCH LIEN, AS MAY BE APPROPRIATE IN THE PARTICULAR CASE.
  9.  ANY  CONVICTION  OF  HAVING MADE ANY WILFUL FALSE STATEMENT IN THE
APPLICATION FOR SUCH DEFERMENT, SHALL BE PUNISHABLE BY  A  FINE  OF  NOT
MORE  THAN  ONE  HUNDRED  DOLLARS  AND SHALL DISQUALIFY THE APPLICANT OR
APPLICANTS FROM FURTHER DEFERMENT UNDER THIS SECTION  FOR  A  PERIOD  OF
FIVE YEARS.
  S  8.  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
WARRANT  OF  THE  COMPTROLLER OUT OF MONEYS APPROPRIATED BY THE LEGISLA-
TURE.
  S 9. 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

A. 1792                             7

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  10. Paragraph (d) of subdivision 1 of section 202 of the real prop-
erty tax law is amended to read as follows:
  (d) [Approve assessments of] ASSESS state lands subject to taxation;
  S 11. The real property tax law is amended by adding a new section 531
to read as follows:
  S 531. STATE LANDS SUBJECT TO TAXATION. 1. ANY OTHER PROVISION OF  LAW
NOTWITHSTANDING,  LANDS  OWNED BY THE STATE OF NEW YORK SHALL BE SUBJECT
TO TAXATION FOR ALL PURPOSES, EXCEPT FOR THE FOLLOWING STATE LANDS:
  (A) BUILDINGS AND OTHER ARTICLES  AND  STRUCTURES,  SUBSTRUCTURES  AND
SUPERSTRUCTURES  ERECTED UPON, UNDER OR ABOVE THE LAND OR AFFIXED THERE-
TO;
  (B) LANDS OWNED BY OR UNDER THE JURISDICTION  AND  CONTROL  OF  PUBLIC
AUTHORITIES ENUMERATED IN THE PUBLIC AUTHORITIES LAW;
  (C)  LANDS  OWNED  BY  OR  UNDER  THE  JURISDICTION AND CONTROL OF THE
DEPARTMENT OF TRANSPORTATION PURSUANT TO THE CANAL LAW; AND
  (D) LANDS USED BY THE STATE FOR HIGHWAY OR PARKWAY PURPOSES  OR  LANDS
ACQUIRED  FOR  SUCH  PURPOSES  THOUGH  NOT  IN  ACTUAL  USE  THEREFOR IF
CONSTRUCTION OF A HIGHWAY OR PARKWAY THEREON IS IN  GOOD  FAITH  CONTEM-
PLATED.
  2.  STATE LANDS SUBJECT TO TAXATION PURSUANT TO THE PROVISIONS OF THIS
SECTION SHALL BE VALUED BY THE STATE BOARD AS  IF  PRIVATELY  OWNED  AND
SHALL  BE  ASSESSED BY THE STATE BOARD IN ACCORDANCE WITH THE PROVISIONS
OF SECTION FIVE HUNDRED FORTY-TWO OF THIS ARTICLE. STATE LANDS SHALL  BE
VALUED  FOR  PURPOSES  OF THIS SECTION AS OF THE VALUATION DATE, AS THAT
TERM IS DEFINED IN SECTION TWELVE HUNDRED SIXTY OF THIS CHAPTER, ON  THE
BASIS  OF  WHICH  THE STATE BOARD DETERMINED THE STATE EQUALIZATION RATE
REQUIRED TO BE APPLIED THERETO PURSUANT TO SUBDIVISION  ONE  OF  SECTION
FIVE HUNDRED FORTY-TWO OF THIS ARTICLE.
  S 12. The section heading and subdivision 2 of section 534 of the real
property  tax  law, the section heading as amended by chapter 736 of the
laws of 1962 and subdivision 2 as amended by chapter 610 of the laws  of
1992,  are amended to read as follows:
  [Certain] VALUATION AND ASSESSMENT OF state lands [subject to taxation
for all purposes except county purposes].
  [2.  Such] STATE lands shall be valued as if privately owned and SHALL
BE assessed BY THE STATE BOARD in  accordance  with  THE  PROVISIONS  OF

A. 1792                             8

subdivision one of section five hundred forty-two of this article. STATE
LANDS  SHALL  BE VALUED FOR PURPOSES OF THIS SECTION AS OF THE VALUATION
DATE, AS THAT TERM IS DEFINED IN SECTION TWELVE HUNDRED  SIXTY  OF  THIS
CHAPTER,  ON  THE  BASIS OF THE STATE EQUALIZATION RATE AS DETERMINED BY
THE STATE BOARD AND AS REQUIRED TO BE  APPLIED  THERETO  BY  SUCH  BOARD
PURSUANT  TO  SUBDIVISION  ONE OF SECTION FIVE HUNDRED FORTY-TWO OF THIS
ARTICLE.
  S 13. Section 538 of the real property tax law is REPEALED and  a  new
section 538 is added to read as follows:
  S 538. NEWLY ACQUIRED STATE LAND. ANY AGENCY, OFFICER OR INSTRUMENTAL-
ITY  OF  THE  STATE AUTHORIZED TO ACQUIRE REAL PROPERTY SHALL NOTIFY THE
STATE BOARD OF THE ACQUISITION OF ANY REAL PROPERTY WHICH IS DEFINED  AS
SUBJECT TO TAXATION UNDER THIS TITLE WITHIN THIRTY DAYS OF SUCH ACQUISI-
TION.  SUCH  NOTIFICATION  SHALL  ALSO BE SENT TO ALL ASSESSING UNITS IN
WHICH THE PROPERTY IS SITUATED. THE ASSESSOR SHALL FORWARD TO THE  STATE
BOARD WITHIN THIRTY DAYS OF RECEIPT OF SUCH NOTICE, ON A FORM PRESCRIBED
BY  THE  STATE BOARD, THE AMOUNT OF THE ASSESSMENT OF THE NEWLY ACQUIRED
REAL PROPERTY APPEARING ON THE LAST COMPLETED ASSESSMENT  ROLL  AND  ANY
OTHER INFORMATION REQUIRED BY THE STATE BOARD. NOTWITHSTANDING ANY OTHER
PROVISIONS  OF  THIS  TITLE,  THE STATE BOARD MAY, FOR NOT MORE THAN TWO
CONSECUTIVE ASSESSMENT ROLLS, DETERMINE  THE  ASSESSMENT  OF  THE  NEWLY
ACQUIRED  REAL  PROPERTY  IN  THE  SAME AMOUNT AS APPEARING ON SUCH LAST
COMPLETED ASSESSMENT ROLL AND SUCH ASSESSMENT SHALL  BE  TRANSMITTED  TO
THE ASSESSOR AS PROVIDED IN SECTION FIVE HUNDRED FORTY-TWO OF THIS ARTI-
CLE,  PROVIDED  THAT  THE AMOUNT OF THE FINAL ASSESSMENT MAY BE ADJUSTED
FOR ANY CHANGE IN LEVEL OF ASSESSMENT AS THAT TERM IS DEFINED IN SECTION
FIVE HUNDRED FORTY-TWO OF THIS ARTICLE.
  S 14. Section 540 of the real property tax law is REPEALED and  a  new
section 540 is added to read as follows:
  S  540. INVENTORY OF STATE LANDS. THE OFFICE OF GENERAL SERVICES SHALL
ANNUALLY SUPPLY THE STATE BOARD WITH AN INVENTORY OF STATE LANDS  ON  OR
BEFORE THE THIRTY-FIRST DAY OF DECEMBER.
  S  15.  Section 542 of the real property tax law is REPEALED and a new
section 542 is added to read as follows:
  S  542.  ASSESSMENT  OF  STATE  LANDS.  1.  (A)  NOTWITHSTANDING   THE
PROVISIONS OF SECTION THREE HUNDRED FIVE OF THIS CHAPTER, IN DETERMINING
THE  ASSESSMENT OF TAXABLE STATE OWNED LANDS THE STATE BOARD SHALL APPLY
THE LATEST STATE EQUALIZATION RATE ESTABLISHED FOR THE ASSESSING UNIT IN
WHICH SUCH LAND IS LOCATED TO THE VALUATION  THEREOF  AS  DETERMINED  IN
ACCORDANCE  WITH  THE  PROVISIONS  OF  SUBDIVISION  TWO  OF SECTION FIVE
HUNDRED THIRTY-ONE OR SECTION FIVE HUNDRED THIRTY-FOUR OF THIS ARTICLE.
  (B) THE STATE BOARD SHALL ANNUALLY TRANSMIT TO THE  ASSESSOR  OF  EACH
ASSESSING  UNIT CONTAINING STATE LANDS SUBJECT TO TAXATION, ON OR BEFORE
THE DATE ESTABLISHED BY LAW FOR THE PUBLICATION OF THE TENTATIVE ASSESS-
MENT ROLL, A LIST OF ALL SUCH LANDS THEREIN,  CONTAINING  THE  INDICATED
ASSESSMENTS  OF  SUCH  LANDS, AND THE ASSESSOR SHALL ENTER THESE ASSESS-
MENTS ON THE TENTATIVE ASSESSMENT ROLL.
  (C) NOT LATER THAN TEN DAYS AFTER  THE  COMPLETION  OF  THE  TENTATIVE
ASSESSMENT  ROLL  IN ANY ASSESSING UNIT CONTAINING STATE LAND SUBJECT TO
TAXATION, THE ASSESSOR SHALL NOTIFY THE STATE BOARD THAT THE ASSESSMENTS
CONTAINED ON THE LIST DESCRIBED IN PARAGRAPH  (B)  OF  THIS  SUBDIVISION
HAVE BEEN ENTERED ON THE TENTATIVE ASSESSMENT ROLL.
  (D) SHOULD ANY TAXABLE STATE LANDS NOT APPEAR ON THE LIST DESCRIBED IN
PARAGRAPH  (B)  OF THIS SUBDIVISION, THE ASSESSOR SHALL ENTER SUCH LANDS
IN THE PORTION OF THE ROLL FOR WHOLLY EXEMPT  PROPERTY  AND  IMMEDIATELY
NOTIFY THE STATE BOARD. IF THE STATE BOARD DETERMINES THAT ANY OR ALL OF

A. 1792                             9

SUCH  LANDS  ARE  SUBJECT  TO  TAXATION, IT SHALL DIRECT THE ASSESSOR TO
ENTER SUCH LAND AND THE PROPER ASSESSMENT THEREOF AS AN OMISSION ON  THE
NEXT ASSESSMENT ROLL, PURSUANT TO TITLE THREE OF THIS ARTICLE.
  2.  AT THE TIME THE INDICATED ASSESSMENTS OF STATE LANDS ARE TRANSMIT-
TED TO THE ASSESSOR PURSUANT TO SUBDIVISION ONE  OF  THIS  SECTION,  THE
STATE  BOARD  SHALL  NOTIFY  THE  ASSESSOR  THAT  WRITTEN  STATEMENTS IN
RELATION TO SUCH ASSESSMENTS MAY BE FILED WITH THE STATE BOARD NOT LATER
THAN THIRTY DAYS AFTER THE COMPLETION OF THE TENTATIVE ASSESSMENT ROLL.
  3. (A) AFTER CONSIDERING ANY  WRITTEN  STATEMENTS  FILED  PURSUANT  TO
SUBDIVISION  TWO  OF  THIS  SECTION, THE STATE BOARD SHALL DETERMINE THE
FINAL ASSESSMENTS OF STATE LANDS.
  (B) NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION ONE OF THIS SECTION,
THE STATE BOARD MAY  ESTABLISH  A  SPECIAL  EQUALIZATION  RATE  FOR  THE
PURPOSE  OF  DETERMINING THE FINAL ASSESSMENTS OF STATE LANDS WHEN THERE
HAS BEEN A CHANGE IN LEVEL OF ASSESSMENT  ON  THE  ASSESSMENT  ROLL  FOR
WHICH THE FINAL ASSESSMENTS OF STATE LANDS ARE BEING DETERMINED. AS USED
IN  THIS  SUBDIVISION,  THE TERM "CHANGE IN LEVEL OF ASSESSMENT" MEANS A
NET INCREASE OR DECREASE OF NOT LESS  THAN  TWO  PERCENT  IN  THE  TOTAL
ASSESSED  VALUATION OF THE TAXABLE REAL PROPERTY ON THE ASSESSMENT ROLL,
OTHER THAN AN INCREASE OR DECREASE ATTRIBUTABLE TO A PHYSICAL OR QUANTI-
TY CHANGE OR A CHANGE IN EXEMPT STATUS, AS COMPUTED IN  ACCORDANCE  WITH
THE RULES PROMULGATED BY THE STATE BOARD IN RELATION TO ASSESSOR'S ANNU-
AL REPORTS FOR EQUALIZATION PURPOSES.
  (C)  THE  STATE  BOARD SHALL CERTIFY TO THE ASSESSOR THE FINAL ASSESS-
MENTS OF STATE LANDS AND NO ASSESSMENT OF STATE LANDS SHALL BE VALID FOR
ANY PURPOSE WITHOUT SUCH CERTIFICATION.
  (D) UPON RECEIPT OF SUCH CERTIFICATION, THE ASSESSOR IS AUTHORIZED AND
DIRECTED TO ENTER THE FINAL ASSESSMENTS OF STATE LANDS  UPON  THE  FINAL
ASSESSMENT  ROLL.  IN  THE EVENT THE CERTIFICATION IS RECEIVED AFTER THE
FINAL COMPLETION, VERIFICATION AND FILING OF THE FINAL ASSESSMENT  ROLL,
THE  ASSESSOR  OR  OTHER  LOCAL OFFICIALS, INCLUDING SCHOOL AUTHORITIES,
HAVING CUSTODY AND CONTROL OF SUCH ROLL ARE ALSO AUTHORIZED AND DIRECTED
TO ENTER THE FINAL ASSESSMENTS ON THE ROLL.
  4. NOTWITHSTANDING ANY PROVISION OF THIS TITLE TO  THE  CONTRARY,  THE
AGGREGATE  ASSESSED  VALUATION  OF  TAXABLE STATE LANDS IN ANY ASSESSING
UNIT SHALL NOT, EXCEPT FOR CHANGES IN QUANTITY OR A CHANGE IN  LEVEL  OF
ASSESSMENT,  BE  LESS  THAN THAT WHICH WAS DETERMINED BY THE STATE BOARD
FOR THE ASSESSMENT ROLL FINALLY COMPLETED AND FILED IN THE YEAR NINETEEN
HUNDRED EIGHTY-THREE.
  5. THE FINAL ASSESSMENT OF STATE LANDS  AS  DETERMINED  BY  THE  STATE
BOARD  PURSUANT TO THIS SECTION SHALL BE CONCLUSIVE AND BINDING UPON THE
ASSESSING UNIT CONTAINING SUCH STATE LANDS FOR ALL PURPOSES.
  S 16. Section 532, subdivisions 1 and 3 of section 534 and section 536
of the real property tax law are REPEALED.
  S 17. Within 60 days of the effective date of this act, the office  of
general  services  shall  forward  to  the  state board of real property
services an inventory of all state lands.
  S 18. The real property tax law is amended by adding a new section 929
to read as follows:
  S 929. PAYMENT OF TAXES BY CREDIT CARD. 1. THE FOLLOWING  TERMS,  WHEN
USED OR REFERRED TO IN THIS SECTION, SHALL HAVE THE FOLLOWING MEANING:
  (A)  "CREDIT  CARD" MEANS ANY CREDIT CARD, CREDIT PLATE, CHARGE PLATE,
COURTESY CARD, DEBIT CARD OR OTHER IDENTIFICATION CARD OR DEVICE  ISSUED
BY A PERSON TO ANOTHER PERSON WHICH MAY BE USED TO OBTAIN A CASH ADVANCE
OR A LOAN OR CREDIT, OR TO PURCHASE OR LEASE PROPERTY OR SERVICES ON THE
CREDIT  OF THE PERSON ISSUING THE CREDIT CARD OR A PERSON WHO HAS AGREED

A. 1792                            10

WITH THE ISSUER TO PAY OBLIGATIONS ARISING FROM THE USE OF A CREDIT CARD
ISSUED TO ANOTHER PERSON.
  (B) "FINANCING AGENCY" MEANS ANY AGENCY DEFINED AS SUCH IN SUBDIVISION
EIGHTEEN OF SECTION FOUR HUNDRED ONE OF THE PERSONAL PROPERTY LAW.
  (C)  "LOCAL  LAW"  MEANS A LOCAL LAW, ORDINANCE, RESOLUTION OR SIMILAR
ACT.
  (D) "PERSON" MEANS AN  INDIVIDUAL,  PARTNERSHIP,  CORPORATION  OR  ANY
OTHER LEGAL OR COMMERCIAL ENTITY.
  2.  ANY  MUNICIPAL CORPORATION MAY, BY THE ENACTMENT OF A LOCAL LAW OR
IN THE CASE OF A MUNICIPAL CORPORATION WHICH IS NOT SO EMPOWERED TO  ACT
BY  LOCAL LAW, BY THE ADOPTION OF A RESOLUTION, AUTHORIZE SUCH MUNICIPAL
CORPORATION TO ENTER INTO AGREEMENTS WITH ONE OR MORE FINANCING AGENCIES
TO PROVIDE FOR THE ACCEPTANCE BY SUCH MUNICIPAL CORPORATION,  OF  CREDIT
CARDS  AS  A  MEANS OF PAYMENT OF TAXES. ANY SUCH AGREEMENT SHALL GOVERN
THE TERMS AND CONDITIONS UPON WHICH A CREDIT CARD PROFFERED AS  A  MEANS
OF  PAYMENT OF TAXES SHALL BE ACCEPTED OR DECLINED AND THE MANNER IN AND
CONDITIONS UPON WHICH THE FINANCING AGENCY SHALL PAY TO  SUCH  MUNICIPAL
CORPORATION  THE AMOUNT OF TAXES PAID BY MEANS OF A CREDIT CARD PURSUANT
TO SUCH AGREEMENT. ANY SUCH AGREEMENT MAY PROVIDE  FOR  THE  PAYMENT  BY
SUCH  MUNICIPAL  CORPORATION  TO  SUCH  FINANCING AGENCY OF FEES FOR THE
SERVICES PROVIDED BY SUCH FINANCING AGENCY PURSUANT TO  SUCH  AGREEMENT,
WHICH FEES MAY CONSIST OF A DISCOUNT DEDUCTED FROM OR PAYABLE IN RESPECT
OF THE AMOUNT OF EACH PAYMENT OF TAXES OR OTHERWISE AS THE AGREEMENT MAY
PROVIDE.
  3.  ANY MUNICIPAL CORPORATION WHICH HAS ENTERED INTO AN AGREEMENT WITH
A FINANCING AGENCY AS AUTHORIZED BY THE PROVISIONS OF SUBDIVISION TWO OF
THIS SECTION MAY ACCEPT CREDIT CARDS AS A MEANS OF PAYMENT OF  TAXES  AS
PROVIDED  IN  SUCH  AGREEMENT  AND MAY PAY SUCH FEES AS ARE SPECIFIED IN
SUCH AGREEMENT TO SUCH FINANCING AGENCY IN CONSIDERATION OF THE SERVICES
RENDERED BY SUCH FINANCING AGENCY THEREUNDER.
  S 19. Section 1200 of the real property tax law is amended by adding a
new subdivision 6 to read as follows:
  6. NOTWITHSTANDING ANYTHING CONTAINED IN THIS TITLE TO  THE  CONTRARY,
THE  STATE  BOARD  MAY  NOT  PROMULGATE  EQUALIZATION RATES RELYING UPON
TRENDING OF PRE-EXISTING MARKET  VALUE  SURVEYS,  UNLESS  SUCH  TRENDING
BRINGS THE RATES UP TO THE PERIOD ENDING JANUARY FIRST, NINETEEN HUNDRED
NINETY-TWO.  IN  THE EVENT THAT THE STATE BOARD IS UNABLE TO PERFORM NEW
MARKET VALUE SURVEYS PURSUANT TO THE TERMS OF THIS TITLE IT  SHALL  ONLY
PROMULGATE  NEW  EQUALIZATION  RATES  IN  ACCORDANCE  WITH THE PRECEDING
SENTENCE, OR SHALL RE-PROMULGATE RATES BASED UPON THE MOST RECENT MARKET
VALUE SURVEYS BASED UPON THE VALUES CONTAINED IN SUCH SURVEYS.
  S 20. Subdivision 5 of section 1202 of the real property  tax  law  is
amended by adding a new paragraph (e) to read as follows:
  (E)  NOTWITHSTANDING ANYTHING CONTAINED IN THIS TITLE TO THE CONTRARY,
THE DETERMINATION OF STATE EQUALIZATION RATES MAY NOT BE  BASED  UPON  A
TRENDING OF PRE-EXISTING APPRAISAL DATA WITHOUT NEW MARKET VALUE SURVEYS
BASED  UPON  APPRAISALS OF NEW RANDOMLY SELECTED PARCELS OF REAL ESTATE,
UNLESS SUCH TRENDING IS BROUGHT TO VALUES PROJECTED AS OF JANUARY FIRST,
NINETEEN HUNDRED NINETY-TWO OR LATER.
  S 21.  This act shall take effect on the  one  hundred  eightieth  day
after  it  shall  have become a law, except that section sixteen of this
act shall take effect on the first of January next succeeding  the  date
on  which  it shall have become a law and shall apply to taxes levied on
assessment rolls with taxable status dates on or  after  the  second  of
January next succeeding the date on which it shall have become a law.

A. 1792                            11

  REPEAL  NOTE.--Section  532,  subdivisions  1 and 3 of section 534 and
section 536 of the real property tax law, repealed by section sixteen of
this act, section 538 of the real property tax law, repealed by  section
thirteen  of  this  act, provide for the taxation of certain state lands
and  are replaced by a new section 531. Section 540 of the real property
tax law, repealed by section fourteen of  this  act,  provides  for  the
annual  transmittal  to  assessors  by  the state board of real property
services of a list of state lands subject to taxation; this  requirement
is being incorporated in new section 542.  Section 542 of the real prop-
erty  tax  law,  repealed  by  section fifteen of this act, provides the
procedure for the  assessment  by  the  state  board  of  real  property
services of taxable state lands and is replaced by a new section 542.