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

                                  5593

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            February 13, 2009
                               ___________

Introduced  by  M.  of  A.  OAKS, BALL, CALHOUN, CORWIN, HAWLEY, KOLB --
  Multi-Sponsored by -- M.  of A. ALFANO, DUPREY, ERRIGO,  FINCH,  McDO-
  NOUGH,  MILLER, MOLINARO, RAIA, SAYWARD, TOWNSEND, WALKER -- read once
  and referred to the Committee on Real Property Taxation

AN ACT in relation to authorizing the office of real  property  services
  to study the feasibility of reducing the number of assessing units and
  equalization rates

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

  Section 1. The office of real property services shall study the feasi-
bility of reducing the number of assessing units and equalization rates.
Such study shall include, but not be limited to, a review and the impact
of the following steps:
  1. The  elimination of all villages (except coterminous) as  assessing
units,  which  now requires approximately two hundred seventy-five addi-
tional equalization rates from being calculated each year.
  2. The realignment of school district boundaries to more closely agree
with town, city  and  county  boundaries;  however,  taking  appropriate
geographical  hindrances  into consideration.   The study shall consider
the grandfathering of existing primary  and  secondary  school  children
living  in  one and two family residences until property is transferred.
For the purposes of this study, taxes are paid to the new district, with
"tuition money" (taxes collected by  grandfathered  properties),  trans-
ferred  from the new district to the old district in accordance with the
appropriate change in the education law.  This would eliminate  approxi-
mately  fifty  special  segment rates currently being performed if fully
implemented.
  3. The requirement of the office of real property services to use  the
current  assessment  roll  as  the  base  year  roll for its sampling of
appraisals to increase the accuracy of special equalization rates.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07046-01-9

              

A. 5593                             2

  4. The requirement that the school tax roll be based on  the  previous
year's assessment roll instead of the current year.  This would give the
state  four  months to complete all special rates instead of four weeks.
This would allow for subdivision three of  this  section  to  be  accom-
plished.
  5.  The  requirement that all towns not of first class size as defined
by the most current federal census and article 2 of the town law consol-
idate with one or more towns or cities within the same county to  be  of
sufficient size (at least four thousand parcels combined).  Any town not
of  first  class  size  as  defined by the federal census, but having at
least four thousand parcels of properties as  indicated  by  the  latest
final  assessment  roll  would  also  be  exempt  from being required to
consolidate.  If a required town fails to consolidate  by  a  designated
date  or  if  a town drops out of a consolidated assessing unit and does
not rejoin another consolidation, the  following  year,  the  state  may
withhold the appropriate state aid monies until such time as the munici-
pality complies.  All cities would be exempt from this provision; howev-
er,  other cities or towns could form a consolidated assessing unit with
a city.  Counties which are authorized to assess properties within their
boundaries (Nassau and Tompkins) would be exempt from the  consolidation
requirement.
  6. The requirement that periodic assessment updates be completed every
six years unless the coefficient of dispersion (a statistical measure of
uniformity) based on a current year of sales, is within acceptable rang-
es  as currently defined for maintenance aid.  (Less than twenty, seven-
teen, or fifteen depending on population per square mile as  defined  by
federal  census.)  If the coefficient of dispersion is within acceptable
ranges the maximum allowed time could be extended to ten years.
  7. The review of current procedures in use by the office of real prop-
erty services in regards to the valuation of utility properties.  Evalu-
ate the current split  in  responsibilities  of  special  franchise  and
private  property  valuations  and  recommend  a  determination of same.
Conduct additional training if necessary to allow for competency at  the
local level.
  8.  The requirement that assessor positions will be designated as sole
assessor.  The assessing unit would retain the option to make this posi-
tion elected or appointed.
  S 2. A report of the study, outlining the impact of each of the  above
steps,  shall be filed with the governor, the temporary president of the
senate, the minority leader of the senate, the speaker of  the  assembly
and the minority leader of the assembly on or before December 31, 2010.
  S 3. This act shall take effect immediately.