senate Bill S2386

2011-2012 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 Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 04, 2012 referred to local government
Jan 19, 2011 referred to local government

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S2386 - Bill Details

See Assembly Version of this Bill:
A6163
Current Committee:
Law Section:
Real Property Tax Law
Laws Affected:
Amd ยง742, RPT L
Versions Introduced in 2009-2010 Legislative Session:
S3045

S2386 - Bill Texts

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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.

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BILL NUMBER:S2386

TITLE OF BILL:
An act
to amend the real property tax law, in relation to charges for counsel
or experts in certain review proceedings

PURPOSE:
To provide that the state shall bear costs associated with
the review of special franchise assessments established by the Office
of Real Property Services (ORPS).

SUMMARY OF PROVISIONS:
This bill would amend section 742 of the real
property tax law to remove provisions requiring the state to recoup
from municipalities counsel expert fees incurred by the State Board
of Real Property Services in proceedings to review special franchise
assessments and to specify that such fees shall be borne by the state.

JUSTIFICATION:
The Office of Real Property Services establishes
special franchise assessments annually on behalf of local
governments. The special franchise owner (public utility companies)
may challenge these assessments through a proceeding to review a
special franchise assessment and under current law, counsel and
expert fees incurred by the state in such proceedings are charged to
the municipality in which the special franchise property is located.

Because the municipality in which the special franchise property is
located does not establish the amount of the special franchise
assessment, it seems inequitable to require the municipality to pay
counsel and expert fees associated with the defense of such
assessments, particularly given that the municipality does not have
input on whether or not such fees are incurred on or any other
aspects of the defense of these assessments. When a municipality sets
assessments, the municipality is responsible for defending such
assessments and the costs associated therewith. Similarly, when the
state establishes an assessment, the state should be responsible for
costs incurred in the defense of such an assessment. Accordingly,
this bill would remove provisions requiring municipalities to pay
counsel and expert fees associated with the defense of special
franchise assessments and would require that these expenses be borne
by the State.

LEGISLATIVE HISTORY:
S.3045 of 2009-10; S.2646 of 2007-08.

FISCAL IMPLICATIONS:
To be determined.

EFFECTIVE DATE:
Immediately.

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

                                  2386

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            January 19, 2011
                               ___________

Introduced  by  Sens.  SEWARD,  LARKIN,  RANZENHOFER  --  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,  the  section  heading  and
subdivision 1 as further amended by section 1 of part W of chapter 56 of
the laws of 2010, is amended to read as follows:
  S  742.   Appearance by commissioner in proceeding to review a special
franchise assessment. [1.] In any proceeding to review a  special  fran-
chise  assessment,  the commissioner 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.
S                                                          LBD05747-02-1

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