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Senate Bill S3045

2009-2010 Legislative Session

Relates to charges for counsel or experts fees in proceedings to review special franchise assessments

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

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2009-S3045 (ACTIVE) - Details

Current Committee:
Senate Local Government
Law Section:
Real Property Tax Law
Laws Affected:
Amd ยง742, RPT L
Versions Introduced in 2011-2012 Legislative Session:
S2386

2009-S3045 (ACTIVE) - Summary

Provides that charges for counsel or experts designated by the attorney general in proceedings to review special franchise assessments shall be borne by the state and not the assessing unit.

2009-S3045 (ACTIVE) - Sponsor Memo

2009-S3045 (ACTIVE) - Bill Text download pdf 

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

                                  3045

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             March 10, 2009
                               ___________

Introduced  by  Sens.  SEWARD,  BONACIC, MORAHAN, RANZENHOFER, 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, in relation to charges for
  counsel or experts in certain review proceedings

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

  Section  1. Section 742 of the real property tax law, subdivision 1 as
amended by chapter 732 of the laws  of  1983,  is  amended  to  read  as
follows:
  S  742.    Appearance by state board in proceeding to review a special
franchise assessment. [1.] In any proceeding to review a  special  fran-
chise  assessment,  the  state board may appear by counsel designated by
the attorney general.  The attorney general or such counsel  may  employ
experts.   The compensation of such counsel and experts and their neces-
sary expenses incurred in such proceeding and upon  any  appeal  therein
shall be BORNE BY THE STATE AND SHALL NOT BE a charge upon the assessing
unit  upon whose rolls appears the assessment sought to be reviewed [and
the amount thereof shall be audited, allowed and paid in the same manner
as other claims against the assessing unit.  Where the assessment  of  a
special  franchise  in  more  than one assessing unit is reviewed in one
proceeding, separate accounts for such compensation and  expenses  shall
be  rendered  to  the proper officer of each of the assessing units. Any
charge  imposed  pursuant  to  this  subdivision  shall  be  limited  to
proceedings commenced by a special franchise owner.
  2.   If provision has not been made for the payment of such expense in
any year, the officers who are empowered by law to make such  provisions
in any assessing unit shall raise such amount as may be necessary in any
manner provided by law and shall pay such expense therefrom].
  S 2. This act shall take effect immediately.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07368-01-9

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