S T A T E O F N E W Y O R K
________________________________________________________________________
10477
I N A S S E M B L Y
May 29, 2012
___________
Introduced by M. of A. BOYLE -- read once and referred to the Committee
on Real Property Taxation
AN ACT to amend the real property tax law, in relation to tax exemptions
for real property owned by school districts and boards of cooperative
educational services
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 408 of the real property tax law, as amended by
chapter 684 of the laws of 1985, is amended to read as follows:
S 408. School districts and boards of cooperative educational
services. 1. Notwithstanding any limitation contained in section four
hundred six of this chapter, all real property owned by a school
district or board of cooperative educational services and all improve-
ments thereon leased by such a district or board provided that such
leased improvements are used for educational purposes and provided,
further, that such lease provides that such district or board is liable
for all taxation, special ad valorem levies and special assessments
levied upon such improvements shall be exempt from taxation and exempt
from special ad valorem levies and special assessments to the extent
provided in section four hundred ninety of this chapter.
2. (A) UPON A SCHOOL DISTRICT LEASING REAL PROPERTY PURSUANT TO
SECTION FOUR HUNDRED THREE-A OF THE EDUCATION LAW, THE PORTION OF THE
PROPERTY SO LEASED SHALL NOT QUALIFY FOR THE EXEMPTION CONTAINED IN THIS
SECTION, IF THE PROPERTY IS NOT USED FOR EDUCATIONAL PURPOSES.
(B) "EDUCATIONAL PURPOSE" SHALL MEAN MUSEUMS, RESEARCH FACILITIES AND
ACTIVITY WHICH SHALL BE UNDERTAKEN IN A MANNER WHICH SATISFIES THE
COMPULSORY EDUCATION REQUIREMENTS TO RECEIVE A CERTIFICATE OR LICENSE IN
ORDER TO PRACTICE A CERTAIN SKILL OR TRADE. SUCH TERM SHALL ALSO MEAN AN
INSTITUTION OF LEARNING OR HIGHER LEARNING WHICH MEETS STANDARDS OF
EDUCATION QUALITY THAT ISSUE DIPLOMAS, SUCH TERMS SHALL ALSO INCLUDE
PROPERTY OWNED BY ONE CLAIMING AN EXEMPTION FROM TAXATION FOR EDUCA-
TIONAL PURPOSES WHICH IS USED TO HOUSE INDIVIDUALS WHO ARE ACTIVELY
ENGAGED AT LEAST ONE HUNDRED TWENTY DAYS PER YEAR IN SEEKING TO SATISFY
THE COMPULSORY EDUCATION REQUIREMENTS OF THE EDUCATION LAW OR WHO ARE
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD15874-01-2
A. 10477 2
SEEKING A DEGREE, CERTIFICATE OF REGISTRATION ISSUED BY THE BOARD OF
REGENTS OR WHO HOLDS A CHARTER GRANTED BY THE NEW YORK STATE EDUCATION
DEPARTMENT. AN ENTITY CLAIMING EXEMPTION FOR EDUCATIONAL PURPOSES SHALL
UTILIZE EACH ACRE AT LEAST ONE HUNDRED TWENTY DAYS A YEAR EXCLUSIVELY
FOR EDUCATIONAL PURPOSES IN ORDER TO MAINTAIN AN EXEMPTION FROM PROPERTY
TAXATION PURSUANT TO THIS SECTION.
S 2. This act shall take effect immediately.