S T A T E O F N E W Y O R K
________________________________________________________________________
797
2009-2010 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 7, 2009
___________
Introduced by M. of A. McDONOUGH, THIELE, BARRA, RAIA, GIGLIO, FINCH --
Multi-Sponsored by -- M. of A. BOYLAND, BURLING, RABBITT, WALKER --
read once and referred to the Committee on Real Property Taxation
AN ACT to amend the real property tax law, in relation to limiting real
property assessment increases; and caps municipal tax increases in
this state
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 307-b to read as follows:
S 307-B. LIMITATION ON INCREASES OF ASSESSED VALUE OF REAL PROPERTY
SUBJECT TO TAXATION. NOTWITHSTANDING ANY PROVISION OF ANY GENERAL,
SPECIAL OR LOCAL LAW TO THE CONTRARY, THE ASSESSOR FOR A MUNICIPAL
CORPORATION SHALL NOT INCREASE THE ASSESSMENT OF ANY TAXABLE REAL PROP-
ERTY AS DEFINED PURSUANT TO SECTION THREE HUNDRED OF THIS TITLE, AS
MEASURED FROM THE FULL VALUATION ASSESSMENT OF SUCH REAL PROPERTY ON
DECEMBER THIRTY-FIRST, TWO THOUSAND NINE, UNLESS THE PROPERTY IS SOLD,
TRANSFERRED OR RENOVATED, OR TO CORRECT AN ERROR. THREE YEARS FROM THE
EFFECTIVE DATE OF THIS SECTION AND ONCE EVERY THREE YEARS THEREAFTER, A
MUNICIPAL CORPORATION SHALL BE ALLOWED TO INCREASE THE ASSESSMENT OF
TAXABLE REAL PROPERTY BY THE PERCENTAGE INCREASE IN THE CONSUMER PRICE
INDEX.
S 2. Notwithstanding any other law to the contrary, beginning January
1, 2011 no tax paid to any municipality in this state shall increase
annually by more than the annual percentage increase in the consumer
price index or by five percent, whichever percentage is less. Provided,
however, a municipal tax may exceed the annual percentage increase in
the consumer price index or five percent as long as such tax does not
exceed the total inflation rate or more than twenty-five percent in any
five-year period, whichever percentage is less. Qualified voters in a
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01476-01-9
A. 797 2
municipality may, by a two-thirds majority vote, override any tax levy
limitation authorized pursuant to this section. A municipality may
increase an annual tax rate percentage over the percentage allowed by
this section, without voter approval, to fund tax certiorari
proceedings, emergency expenditures and court orders. A school district
may increase an annual tax rate percentage over the percentage allowed
by this section, without voter approval, to fund ordinary contingent
expenses as defined in section 2601-a of the education law or expendi-
tures attributable to any increased costs over the prior school year
resulting from payments required to be made by the school district or on
behalf of the school district to the public employee retirement systems
of the state, excluding any payments for voluntary statutory retirement
incentives. For purposes of this section "municipality" means a munici-
pal corporation, as defined in section 2 of the general municipal law,
school district, fire district, district corporation or any other
district governed by a separate board of commissioners.
S 3. This act shall take effect on the one hundred eightieth day after
it shall have become a law. Provided, however, that effective immediate-
ly, the addition, amendment and/or repeal of any rule or regulation
necessary for the implementation of this act on its effective date are
authorized and directed to be made and completed on or before such
effective date.