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Assembly Bill A5726

2011-2012 Legislative Session

Relates to who may apply for review of final determinations regarding special equalization rates for school districts

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Archive: Last Bill Status - In Assembly Committee

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2011-A5726 (ACTIVE) - Details

Current Committee:
Assembly Real Property Taxation
Law Section:
Real Property Tax Law
Laws Affected:
Amd ยง1218, RPT L

2011-A5726 (ACTIVE) - Summary

Relates to who may apply for review of final determinations regarding special equalization rates for school districts.

2011-A5726 (ACTIVE) - Bill Text download pdf 

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

                                  5726

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            February 25, 2011
                               ___________

Introduced by M. of A. THIELE -- read once and referred to the Committee
  on Real Property Taxation

AN  ACT  to  amend  the  real property tax law, in relation to review of
  final determinations regarding such special equalization rates

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

  Section  1.   Section 1218 of the real property tax law, as amended by
section 18 of part W of chapter 56 of the laws of 2010,  is  amended  to
read as follows:
  S 1218. Review of final determinations of state board of real property
tax services relating to state equalization rates. A final determination
of  the  state  board  of  real  property tax services relating to state
equalization rates may be reviewed by commencing an action in the appel-
late division of the supreme court in the  manner  provided  by  article
seventy-eight  of the civil practice law and rules upon application [of]
BY:
  (A) the county, city, town or village for which the rate or rates were
established; OR
  (B) THE CHIEF EXECUTIVE OFFICER OR GOVERNING  BODY  OF  ANY  MUNICIPAL
CORPORATION  CONTAINING  A SCHOOL DISTRICT FOR WHICH A SPECIAL EQUALIZA-
TION RATE HAS BEEN ESTABLISHED; OR
  (C) ANY AGGRIEVED PERSON RESIDING WITHIN A SCHOOL DISTRICT FOR WHICH A
SPECIAL EQUALIZATION RATE HAS BEEN ESTABLISHED.
  The standard of review in such a proceeding shall be as  specified  in
subdivision  four  of  section  seventy-eight hundred three of the civil
practice law and rules. Whenever a final  order  is  issued  in  such  a
proceeding  directing  a  revised  state  equalization rate, any county,
village or school district that used the former rate in  the  apportion-
ment  of  taxes  must, upon receipt of such final order, recalculate the
levy that used such former rate and credit or debit as  appropriate  its
constituent  municipalities  in  its  next levy.   Any special franchise

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08955-02-1

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