Senate Bill S542

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

                                   542

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 7, 2009
                               ___________

Introduced  by  Sen.  ALESI  -- 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 extending  the
  school tax relief exemption to certain business property

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

  Section 1. Subdivision 3 of section 425 of the real property  tax  law
is amended by adding a new paragraph (f) to read as follows:
  (F)  BUSINESS PROPERTY. NOTWITHSTANDING PARAGRAPHS (A) AND (B) OF THIS
SUBDIVISION, REAL PROPERTY USED FOR COMMERCIAL AND  INDUSTRIAL  PURPOSES
SHALL  BE ENTITLED TO AN EXEMPTION EQUAL TO THE APPLICABLE PERCENTAGE OF
ASSESSED VALUE IF SUCH PROPERTY IS OWNED BY THE OWNER OF  AN  UNINCORPO-
RATED  BUSINESS  HAVING  NO MORE THAN ONE HUNDRED EMPLOYEES AND WHICH SO
USES SUCH PROPERTY OR BY ANY  PARTNERSHIP,  LIMITED  LIABILITY  COMPANY,
CORPORATION,  OR ANY OTHER BUSINESS ORGANIZATION HAVING NO MORE THAN ONE
HUNDRED EMPLOYEES AND WHICH SO USES SUCH PROPERTY. PROVIDED,  THAT  OVER
FIFTY  PERCENT  OF VOTING CONTROL OF SUCH PARTNERSHIP, LIMITED LIABILITY
COMPANY, CORPORATION OR ORGANIZATION IS NOT OWNED OR CONTROLLED, DIRECT-
LY OR INDIRECTLY, BY A SINGLE CORPORATION, A  SINGLE  PARTNERSHIP  OR  A
SINGLE  LIMITED  LIABILITY  COMPANY. FOR PURPOSES OF THIS PARAGRAPH, THE
NUMBER OF EMPLOYEES SHALL BE THE AVERAGE NUMBER OF EMPLOYEES WITHIN  THE
STATE,  EXCEPT  GENERAL  EXECUTIVE OFFICERS, OF SUCH TAXPAYER DURING THE
PRECEDING CALENDAR YEAR. SUCH AVERAGE SHALL BE COMPUTED BY  ASCERTAINING
THE NUMBER OF EMPLOYEES WITHIN THE STATE, EXCEPT GENERAL EXECUTIVE OFFI-
CERS,  EMPLOYED  BY  THE  TAXPAYER ON THE THIRTY-FIRST DAY OF MARCH, THE
THIRTIETH  DAY  OF  JUNE,  THE  THIRTIETH  DAY  OF  SEPTEMBER  AND   THE
THIRTY-FIRST  DAY  OF  DECEMBER IN SUCH TAXABLE YEAR, BY ADDING TOGETHER
THE NUMBER OF EMPLOYEES ASCERTAINED ON EACH OF SUCH DATES  AND  DIVIDING
THE SUM SO OBTAINED BY THE NUMBER OF SUCH ABOVEMENTIONED DATES OCCURRING
WITHIN  SUCH  TAXABLE  YEAR.  FOR  PURPOSES  OF THIS PARAGRAPH, THE TERM

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

                                                           LBD01786-01-9

S. 542                              2

"EMPLOYEES WITHIN THE STATE, EXCEPT GENERAL  EXECUTIVE  OFFICERS"  SHALL
HAVE  THE  SAME MEANING AS IT HAS IN SUBPARAGRAPH THREE OF PARAGRAPH (A)
OF SUBDIVISION THREE OF SECTION TWO HUNDRED TEN  OF  THE  TAX  LAW.  THE
EXEMPTION  AUTHORIZED  BY  THIS  PARAGRAPH SHALL APPLY FOR A TERM OF ONE
YEAR. TO RECEIVE SUCH EXEMPTION, AN APPLICATION MUST BE  FILED  ANNUALLY
WITH  THE  ASSESSOR ON OR BEFORE THE APPLICABLE TAXABLE STATUS DATE ON A
FORM, AND IN A MANNER, PRESCRIBED BY THE STATE BOARD.   FOR PURPOSES  OF
THIS  PARAGRAPH,  THE  APPLICABLE PERCENTAGE SHALL BE FIFTEEN PERCENT IN
THE CASE OF ASSESSED VALUES OF TWO HUNDRED THOUSAND DOLLARS OR LESS  AND
TEN  PERCENT  IN  THE  CASE OF ASSESSED VALUES OVER TWO HUNDRED THOUSAND
DOLLARS.
  S 2. This act shall take effect immediately.