S T A T E O F N E W Y O R K
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9595
I N A S S E M B L Y
March 20, 2012
___________
Introduced by M. of A. GIGLIO -- read once and referred to the Committee
on Real Property Taxation
AN ACT to authorize the town of Friendship, in the county of Allegany,
to correct its 2012 tax roll and grant a real property tax refund or
credit
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Notwithstanding any provision of the town law, the general
municipal law or the real property tax law to the contrary, the town of
Friendship, in the county of Allegany, is hereby authorized to recalcu-
late its 2012 tax levy. Before the final recalculation of the tax levy,
the town board of such town shall hold a public hearing on the recalcu-
lation in the manner specified in section 108 of the town law. As part
of the initial recalculation and prior to the public hearing, the budget
officer shall prepare documents showing: (i) basis of the miscalcu-
lations leading to the twenty-three percent overcharge in the 2012 tax
levy pertaining to the general fund and highway department budgets; and
(ii) the necessary reductions and/or changes in appropriations to the
town general fund and highway department. After the public hearing and
upon the adoption of a resolution, specifying the final amount of the
tax levy and amended appropriations, the town may issue an order setting
forth the corrected taxes, direct the officer having jurisdiction of the
tax roll to correct such roll, refund any excess taxes paid or credit
any outstanding tax obligations due; provided, however, that interest
and penalties on delinquent 2012 town taxes, whether accruing before or
after the effective date of this act, shall only be computed on the
amount of corrected taxes, and any payment of interest in excess of that
amount so computed shall be added to a refund made pursuant to this
section.
S 2. This act shall take effect immediately; provided, however, if the
town of Friendship does not hold the public hearing required pursuant to
section one of this act within 45 days of such effective date, this act
shall expire and be deemed repealed 45 days after it shall take effect.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD14440-01-2