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

                                  6876

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                             April 23, 2013
                               ___________

Introduced by M. of A. TEDISCO, CROUCH, RAIA -- Multi-Sponsored by -- M.
  of  A. BARCLAY, BUTLER, FINCH, GIGLIO, KOLB, McDONOUGH, OAKS, RABBITT,
  REILICH, SALADINO, THIELE -- read once and referred to  the  Committee
  on Real Property Taxation

AN  ACT to amend the real property tax law, the tax law, the administra-
  tive code of the city of New  York  and  the  state  finance  law,  in
  relation to establishing a Co-STAR program for seniors and farmers

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

  Section 1. The real property tax law is  amended  by  adding  two  new
sections 425-b and 425-c to read as follows:
  S 425-B. CO-STAR PROGRAM FOR SENIOR CITIZENS. 1. GENERALLY.  WHEN REAL
PROPERTY RECEIVES THE ENHANCED STAR EXEMPTION FROM SCHOOL DISTRICT TAXA-
TION AUTHORIZED BY SECTION FOUR HUNDRED TWENTY-FIVE OF THIS ARTICLE, THE
PROPERTY SHALL BE DESIGNATED AS ELIGIBLE FOR A CO-STAR ASSESSMENT ON THE
SAME  ASSESSMENT  ROLL  IN  THE MANNER PROVIDED BY THIS SECTION, AND THE
QUALIFIED OWNER-APPLICANT OR OWNER-APPLICANTS SHALL  BE  ENTITLED  TO  A
COUNTY  TAX  REBATE  IN  THE  AMOUNT  AND MANNER PROVIDED BY SECTION ONE
HUNDRED SEVENTY-SEVEN-A OF THE TAX LAW. NO SEPARATE APPLICATION NEED  BE
FILED FOR SUCH CO-STAR ASSESSMENT OR REBATE.
  2. CO-STAR ASSESSMENTS. (A) SUBJECT TO THE PROVISIONS OF PARAGRAPH (B)
OF  THIS  SUBDIVISION,  THE  CO-STAR ASSESSMENT FOR EACH ELIGIBLE PARCEL
SHALL BE EQUAL TO THE EXEMPT  AMOUNT  DETERMINED  FOR  PURPOSES  OF  THE
ENHANCED  STAR  EXEMPTION AUTHORIZED BY SECTION FOUR HUNDRED TWENTY-FIVE
OF THIS ARTICLE FOR THE ASSESSING UNIT IN WHICH THE PARCEL IS LOCATED.
  (B) NOTWITHSTANDING THE PROVISIONS OF PARAGRAPH (A) OF  THIS  SUBDIVI-
SION,  IN  NO  EVENT SHALL THE CO-STAR ASSESSMENT OF A PARCEL EXCEED THE
TAXABLE ASSESSED VALUE OF THAT PARCEL FOR COUNTY PURPOSES.
  3. ENTRY ON ASSESSMENT ROLL; EFFECT. EACH PARCEL WHICH IS ELIGIBLE FOR
A CO-STAR ASSESSMENT SHALL BE DESIGNATED AS SUCH BY THE ASSESSOR ON  THE
ASSESSMENT  ROLL, PROVIDED, HOWEVER, THAT A CO-STAR ASSESSMENT SHALL NOT

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07274-03-3
              

A. 6876                             2

AFFECT THE TOTAL OR  TAXABLE  ASSESSED  VALUE  OF  ANY  PARCEL  FOR  ANY
PURPOSE,  AND  SHALL  NOT BE CONSIDERED WHEN DETERMINING THE TAX RATE OF
ANY COUNTY OR FOR ANY PURPOSE OTHER THAN DETERMINING THE REBATE TO WHICH
THE  OWNER-APPLICANT  OR OWNER-APPLICANTS ARE ENTITLED UNDER SECTION ONE
HUNDRED SEVENTY-SEVEN-A OF THE TAX LAW.
  4. PAYMENT OF CO-STAR REBATES.  THE  COMMISSIONER  SHALL  PAY  CO-STAR
REBATES IN THE MANNER PROVIDED BY SECTION ONE HUNDRED SEVENTY-SEVEN-A OF
THE TAX LAW.
  5.  FAILURE  TO  PAY  COUNTY TAXES. IF THE COUNTY TAXES ON AN ELIGIBLE
PARCEL ARE NOT PAID IN FULL DURING THE APPLICABLE  COUNTY  FISCAL  YEAR,
THE  OWNER-APPLICANT  OR OWNER-APPLICANTS SHALL BE SUBJECT TO THE CONSE-
QUENCES SPECIFIED IN SUBDIVISION SIX OF SECTION ONE HUNDRED SEVENTY-SEV-
EN-A OF THE TAX LAW, IN ADDITION TO SUCH OTHER CONSEQUENCES  AS  MAY  BE
PROVIDED BY LAW.
  6.  EXCEPTIONS. (A) COOPERATIVE APARTMENT UNITS AND MOBILE HOMES. WHEN
AN ENHANCED STAR EXEMPTION IS  GRANTED  PURSUANT  TO  PARAGRAPH  (K)  OF
SUBDIVISION  TWO  OF SECTION FOUR HUNDRED TWENTY-FIVE OF THIS ARTICLE IN
RELATION TO A COOPERATIVE APARTMENT UNIT, OR PURSUANT TO  PARAGRAPH  (L)
OF  SUCH  SUBDIVISION  IN  RELATION TO A MOBILE HOME WHICH IS SEPARATELY
OWNED FROM BUT ASSESSED WITH THE LAND ON WHICH IT IS LOCATED,  AND  SUCH
COOPERATIVE APARTMENT UNIT OR MOBILE HOME IS ALSO ELIGIBLE FOR A CO-STAR
ASSESSMENT  PURSUANT  TO  THIS SECTION, THE CO-STAR REBATE SHALL BE PAID
DIRECTLY TO THE QUALIFIED OWNER-APPLICANT OR  OWNER-APPLICANTS  NOTWITH-
STANDING  THE FACT THAT THE STAR EXEMPTION APPLIES TO THE PARCEL ITSELF.
THE ASSESSOR  SHALL  PREPARE  A  LIST  OR  DATA  FILE  IDENTIFYING  SUCH
OWNER-APPLICANT  OR  OWNER-APPLICANTS,  THEIR MAILING ADDRESSES, AND THE
TAXABLE ASSESSED VALUE FOR COUNTY PURPOSES ATTRIBUTABLE TO THEIR RESPEC-
TIVE COOPERATIVE APARTMENT UNITS OR MOBILE HOMES, AND SHALL  SUBMIT  THE
SAME  TO THE COMMISSIONER WITHIN THIRTY DAYS AFTER THE COMPLETION OF THE
FINAL ASSESSMENT ROLL. SUCH LIST OR DATA FILE SHALL BE PREPARED IN  SUCH
FORM AND MANNER AS MAY BE PRESCRIBED BY THE COMMISSIONER IN CONSULTATION
WITH THE DEPARTMENT.
  (B) COUNTIES IN CERTAIN CITIES. IN THE CASE OF A COUNTY LOCATED WHOLLY
WITHIN  A CITY WITH A POPULATION OF ONE MILLION OR MORE INHABITANTS, THE
CO-STAR ASSESSMENT ASSOCIATED WITH EACH ELIGIBLE PARCEL SHALL  BE  EQUAL
TO  FIFTY  PERCENT  OF  THE EXEMPT AMOUNT DETERMINED FOR PURPOSES OF THE
ENHANCED STAR EXEMPTION AUTHORIZED BY SECTION FOUR  HUNDRED  TWENTY-FIVE
OF THIS ARTICLE FOR SUCH CITY AFTER THE ADJUSTMENT REQUIRED BY PARAGRAPH
(J) OF SUBDIVISION TWO OF SUCH SECTION.
  7. CORRECTION OF AN INCORRECT ENTRY.  AN INCORRECT ENTRY ON AN ASSESS-
MENT  ROLL  OF  A  CO-STAR  ASSESSMENT  MAY  BE  CORRECTED IN THE MANNER
PROVIDED BY LAW FOR THE CORRECTION OF AN INCORRECT  ENTRY  OF  THE  STAR
EXEMPTION  AUTHORIZED  BY SECTION FOUR HUNDRED TWENTY-FIVE OF THIS ARTI-
CLE. A DENIAL OF A CO-STAR ASSESSMENT SHALL BE SUBJECT TO ADMINISTRATIVE
AND JUDICIAL REVIEW IN THE MANNER PROVIDED BY  LAW  FOR  THE  REVIEW  OF
ASSESSMENTS.
  8.  INCONSISTENT LAWS SUPERSEDED. THE PROVISIONS OF THIS SECTION SHALL
APPLY TO ALL ASSESSING UNITS,  EXCLUDING  VILLAGE  ASSESSING  UNITS  AND
CITIES  WITHIN  A  COUNTY  ASSESSING UNIT, AND TO ALL COUNTIES, NOTWITH-
STANDING ANY PROVISION OF LAW TO THE CONTRARY.
  S 425-C. CO-STAR PROGRAM FOR FARMERS. 1. GENERALLY. WHEN REAL PROPERTY
IS THE PRIMARY RESIDENCE OF  AN  ELIGIBLE  FARMER  AS  DEFINED  IN  THIS
SECTION  AND  THE  REQUIREMENTS OF THIS SECTION ARE OTHERWISE SATISFIED,
THE PROPERTY SHALL BE DESIGNATED AS ELIGIBLE FOR A CO-STAR ASSESSMENT IN
THE MANNER PROVIDED BY THIS SECTION, AND THE  QUALIFIED  OWNER-APPLICANT
OR  OWNER-APPLICANTS  SHALL  BE  ENTITLED  TO A COUNTY TAX REBATE IN THE

A. 6876                             3

AMOUNT AND MANNER PROVIDED BY SECTION ONE HUNDRED SEVENTY-SEVEN-A OF THE
TAX LAW.
  2. CO-STAR ASSESSMENTS. (A) SUBJECT TO THE PROVISIONS OF PARAGRAPH (B)
OF  THIS  SUBDIVISION,  THE  CO-STAR ASSESSMENT FOR EACH ELIGIBLE PARCEL
SHALL BE EQUAL TO THE EXEMPT AMOUNT DETERMINED FOR PURPOSES OF THE BASIC
STAR EXEMPTION AUTHORIZED BY SECTION FOUR HUNDRED  TWENTY-FIVE  OF  THIS
ARTICLE FOR THE ASSESSING UNIT IN WHICH THE PARCEL IS LOCATED.
  (B)  NOTWITHSTANDING  THE PROVISIONS OF PARAGRAPH (A) OF THIS SUBDIVI-
SION, IN NO EVENT SHALL THE CO-STAR ASSESSMENT OF A  PARCEL  EXCEED  THE
TAXABLE ASSESSED VALUE OF THAT PARCEL FOR COUNTY PURPOSES.
  3.  ELIGIBILITY  REQUIREMENTS.  TO  BE  DESIGNATED  AS  ELIGIBLE FOR A
CO-STAR ASSESSMENT PURSUANT  TO  THIS  SECTION,  THE  PROPERTY  MUST  BE
RECEIVING  THE  BASIC  STAR EXEMPTION AUTHORIZED BY SECTION FOUR HUNDRED
TWENTY-FIVE OF THIS ARTICLE ON THE SAME ASSESSMENT  ROLL,  AND  MUST  BE
OWNED  BY,  AND SERVE AS THE PRIMARY RESIDENCE OF, AN ELIGIBLE FARMER AS
DEFINED IN THIS  SECTION.    PROVIDED,  HOWEVER,  THAT  A  PARCEL  WHICH
RECEIVES   A   CO-STAR  ASSESSMENT  PURSUANT  TO  SECTION  FOUR  HUNDRED
TWENTY-FIVE-A OF THIS ARTICLE MAY NOT ALSO RECEIVE A CO-STAR  ASSESSMENT
PURSUANT TO THIS SECTION ON THE SAME ASSESSMENT ROLL.
  4.  ELIGIBLE  FARMERS.  FOR  PURPOSES  OF THIS SECTION, A PERSON IS AN
ELIGIBLE FARMER IF HE OR SHE SATISFIES ONE  OR  MORE  OF  THE  FOLLOWING
CONDITIONS:
  (A) HE OR SHE IS ELIGIBLE FOR AND HAS CLAIMED THE AGRICULTURAL PROPER-
TY TAX CREDIT AUTHORIZED BY SUBSECTION (N) OF SECTION SIX HUNDRED SIX OF
THE TAX LAW, COMMONLY KNOWN AS THE FARMERS' SCHOOL TAX CREDIT, ON HIS OR
HER  NEW  YORK  STATE PERSONAL INCOME TAX RETURN FOR THE INCOME TAX YEAR
IDENTIFIED IN SUBPARAGRAPH (I) OF PARAGRAPH (B) OF SUBDIVISION  FOUR  OF
SECTION  FOUR HUNDRED TWENTY-FIVE OF THIS ARTICLE, PROVIDED THAT NOTHING
CONTAINED HEREIN SHALL BE CONSTRUED TO AUTHORIZE OR REQUIRE THE ASSESSOR
TO VERIFY AN APPLICANT'S ELIGIBILITY FOR SUCH CREDIT; OR
  (B) HE OR SHE OWNS A SUBSTANTIAL INTEREST IN LAND WHICH  RECEIVES,  OR
WHICH  IS  ELIGIBLE  TO  RECEIVE, AN AGRICULTURAL ASSESSMENT PURSUANT TO
SECTION THREE HUNDRED FIVE OR THREE HUNDRED SIX OF THE  AGRICULTURE  AND
MARKETS  LAW  ON  THE  CURRENT  ASSESSMENT  ROLL.  SUCH LAND NEED NOT BE
LOCATED IN THE SAME ASSESSING UNIT  AS  THE  ELIGIBLE  FARMER'S  PRIMARY
RESIDENCE.  FOR  PURPOSES  OF  THIS SECTION, A PERSON OWNS A SUBSTANTIAL
INTEREST IN SUCH LAND IF HE OR SHE, OR HIS OR HER SPOUSE:
  (I) INDIVIDUALLY OWNS, OR OWNS JOINTLY WITH  HIS  OR  HER  SPOUSE,  AT
LEAST A TWENTY-FIVE PERCENT INTEREST IN SUCH LAND;
  (II)  IS A PARTNER, WITH AT LEAST A TWENTY-FIVE PERCENT INTEREST, IN A
PARTNERSHIP WHICH OWNS SUCH LAND; OR
  (III) OWNS AT LEAST TWENTY-FIVE PERCENT OF THE STOCK OF A  CORPORATION
WHICH OWNS SUCH LAND.
  5.  APPLICATION PROCEDURE. (A) GENERALLY. AN ELIGIBLE FARMER MUST FILE
AN APPLICATION FOR A CO-STAR ASSESSMENT WITH THE ASSESSOR EACH  YEAR  ON
OR  BEFORE  THE  APPROPRIATE  TAXABLE STATUS DATE. EACH SUCH APPLICATION
SHALL BE MADE ONLY ON A FORM PRESCRIBED OR APPROVED BY THE COMMISSIONER;
PROVIDED, THAT EFFECTIVE WITH THE TWO THOUSAND THIRTEEN ASSESSMENT ROLL,
THE APPLICATION FORM FOR THE AGRICULTURAL ASSESSMENT SHALL  BE  DESIGNED
SO  THAT  IT  MAY  ALSO SERVE AS AN APPLICATION FOR A CO-STAR ASSESSMENT
PURSUANT TO THIS SECTION, WHERE APPROPRIATE.
  (B) APPROVAL OR DENIAL OF APPLICATION. IF THE  ASSESSOR  IS  SATISFIED
THAT  A  PARCEL  IS  ENTITLED  TO  A CO-STAR ASSESSMENT PURSUANT TO THIS
SECTION, HE OR SHE SHALL APPROVE THE APPLICATION. IF THE ASSESSOR DETER-
MINES THAT A PARCEL IS NOT ENTITLED TO A CO-STAR ASSESSMENT, HE  OR  SHE
SHALL,  NOT LATER THAN TEN DAYS PRIOR TO THE DATE FOR HEARING COMPLAINTS

A. 6876                             4

IN RELATION TO ASSESSMENTS, MAIL TO THE APPLICANT A NOTICE OF DENIAL  OF
THAT  APPLICATION  FOR THE CO-STAR ASSESSMENT FOR THAT YEAR; EXCEPT IN A
CITY WITH A POPULATION OF ONE MILLION OR MORE INHABITANTS,  SUCH  NOTICE
SHALL  BE  MAILED NOT LATER THAN THIRTY DAYS PRIOR TO THE FINAL DATE FOR
FILING AN ASSESSMENT APPEAL.  THE NOTICE OF DENIAL  SHALL  SPECIFY  EACH
REASON  FOR  SUCH  DENIAL  AND SHALL BE SENT ON A FORM PRESCRIBED BY THE
COMMISSIONER.  FAILURE TO MAIL ANY SUCH NOTICE OF DENIAL OR THE  FAILURE
OF  ANY  PERSON  TO  RECEIVE  SUCH  NOTICE  SHALL  NOT PREVENT THE LEVY,
COLLECTION AND ENFORCEMENT OF  THE  TAXES  ON  PROPERTY  OWNED  BY  SUCH
PERSON.
  (C)  CONFIDENTIALITY.  ANY INFORMATION OR DOCUMENTATION SUBMITTED WITH
THE APPLICATION TO VERIFY THAT THE APPLICANT HAS  CLAIMED  THE  AGRICUL-
TURAL  PROPERTY  TAX  CREDIT AUTHORIZED BY SUBSECTION (N) OF SECTION SIX
HUNDRED SIX OF THE TAX LAW, COMMONLY KNOWN AS THE  FARMERS'  SCHOOL  TAX
CREDIT,  SHALL  BE  DEEMED CONFIDENTIAL, AND THE ASSESSOR, ANY MUNICIPAL
OFFICER OR MUNICIPAL EMPLOYEES ARE PROHIBITED FROM DISCLOSING  ANY  SUCH
INFORMATION,  EXCEPT  FOR ANY DISCLOSURE NECESSARY IN THE PERFORMANCE OF
THEIR OFFICIAL DUTIES. ANY UNAUTHORIZED DISCLOSURE OF  SUCH  INFORMATION
SHALL  BE  DEEMED  A  VIOLATION  OF  SECTION EIGHT HUNDRED FIVE-A OF THE
GENERAL MUNICIPAL LAW.
  6. ENTRY ON ASSESSMENT ROLL; EFFECT. EACH PARCEL WHICH IS ELIGIBLE FOR
A CO-STAR ASSESSMENT SHALL BE IDENTIFIED AS SUCH BY THE ASSESSOR ON  THE
ASSESSMENT  ROLL, PROVIDED, HOWEVER, THAT A CO-STAR ASSESSMENT SHALL NOT
AFFECT THE TOTAL OR  TAXABLE  ASSESSED  VALUE  OF  ANY  PARCEL  FOR  ANY
PURPOSE,  AND  SHALL  NOT BE CONSIDERED WHEN DETERMINING THE TAX RATE OF
ANY COUNTY OR FOR ANY PURPOSE OTHER THAN DETERMINING THE REBATE TO WHICH
THE OWNER-APPLICANT OR OWNER-APPLICANTS ARE ENTITLED UNDER  SECTION  ONE
HUNDRED SEVENTY-SEVEN-A OF THE TAX LAW.
  7.  PAYMENT  OF  CO-STAR  REBATES.  THE COMMISSIONER SHALL PAY CO-STAR
REBATES IN THE MANNER PROVIDED BY SECTION ONE HUNDRED SEVENTY-SEVEN-A OF
THE TAX LAW.
  8. FAILURE TO PAY COUNTY TAXES. IF THE COUNTY  TAXES  ON  AN  ELIGIBLE
PARCEL  ARE  NOT  PAID IN FULL DURING THE APPLICABLE COUNTY FISCAL YEAR,
THE OWNER-APPLICANT OR OWNER-APPLICANTS SHALL BE SUBJECT TO  THE  CONSE-
QUENCES SPECIFIED IN SUBDIVISION SIX OF SECTION ONE HUNDRED SEVENTY-SEV-
EN-A  OF  THE  TAX LAW, IN ADDITION TO SUCH OTHER CONSEQUENCES AS MAY BE
PROVIDED BY LAW.
  9. EXCEPTIONS. (A) COOPERATIVE APARTMENT UNITS AND MOBILE HOMES.  WHEN
A STAR EXEMPTION IS GRANTED PURSUANT TO PARAGRAPH (K) OF SUBDIVISION TWO
OF  SECTION  FOUR  HUNDRED  TWENTY-FIVE OF THIS ARTICLE IN RELATION TO A
COOPERATIVE APARTMENT UNIT, OR PURSUANT TO PARAGRAPH (L) OF SUCH  SUBDI-
VISION  IN  RELATION TO A MOBILE HOME WHICH IS SEPARATELY OWNED FROM BUT
ASSESSED WITH THE LAND ON WHICH IT  IS  LOCATED,  AND  SUCH  COOPERATIVE
APARTMENT  UNIT OR MOBILE HOME IS ALSO ELIGIBLE FOR A CO-STAR ASSESSMENT
PURSUANT TO THIS SECTION, THE CO-STAR REBATE SHALL BE PAID  DIRECTLY  TO
THE  QUALIFIED  OWNER-APPLICANT  OR OWNER-APPLICANTS NOTWITHSTANDING THE
FACT THAT THE STAR EXEMPTION APPLIES TO THE PARCEL ITSELF. THE  ASSESSOR
SHALL  PREPARE  A  LIST OR DATA FILE IDENTIFYING SUCH OWNER-APPLICANT OR
OWNER-APPLICANTS, THEIR MAILING  ADDRESSES,  AND  THE  TAXABLE  ASSESSED
VALUE  FOR  COUNTY PURPOSES ATTRIBUTABLE TO THEIR RESPECTIVE COOPERATIVE
APARTMENT UNITS OR MOBILE HOMES,  AND  SHALL  SUBMIT  THE  SAME  TO  THE
COMMISSIONER  WITHIN  THIRTY  DAYS  AFTER  THE  COMPLETION  OF THE FINAL
ASSESSMENT ROLL. SUCH LIST OR DATA FILE SHALL BE PREPARED IN  SUCH  FORM
AND MANNER AS MAY BE PRESCRIBED BY THE COMMISSIONER.
  (B) COUNTIES IN CERTAIN CITIES. IN THE CASE OF A COUNTY LOCATED WHOLLY
WITHIN  A CITY WITH A POPULATION OF ONE MILLION OR MORE INHABITANTS, THE

A. 6876                             5

CO-STAR ASSESSMENT ASSOCIATED WITH EACH ELIGIBLE PARCEL SHALL  BE  EQUAL
TO  FIFTY  PERCENT  OF  THE EXEMPT AMOUNT DETERMINED FOR PURPOSES OF THE
BASIC STAR EXEMPTION AUTHORIZED BY SECTION FOUR HUNDRED  TWENTY-FIVE  OF
THIS  ARTICLE  FOR  SUCH CITY AFTER THE ADJUSTMENT REQUIRED BY PARAGRAPH
(J) OF SUBDIVISION TWO OF SUCH SECTION.
  10. CORRECTION OF AN INCORRECT  ENTRY.    AN  INCORRECT  ENTRY  ON  AN
ASSESSMENT  ROLL  OF A CO-STAR ASSESSMENT MAY BE CORRECTED IN THE MANNER
PROVIDED BY LAW FOR THE CORRECTION OF AN INCORRECT  ENTRY  OF  THE  STAR
EXEMPTION  AUTHORIZED  BY SECTION FOUR HUNDRED TWENTY-FIVE OF THIS ARTI-
CLE. A DENIAL OF A CO-STAR ASSESSMENT SHALL BE SUBJECT TO ADMINISTRATIVE
AND JUDICIAL REVIEW IN THE MANNER PROVIDED BY  LAW  FOR  THE  REVIEW  OF
ASSESSMENTS.
  11. INCONSISTENT LAWS SUPERSEDED. THE PROVISIONS OF THIS SECTION SHALL
APPLY  TO  ALL  ASSESSING  UNITS,  EXCLUDING VILLAGE ASSESSING UNITS AND
CITIES WITHIN A COUNTY ASSESSING UNIT, AND  TO  ALL  COUNTIES,  NOTWITH-
STANDING ANY PROVISION OF LAW TO THE CONTRARY.
  S  2.  The tax law is amended by adding a new section 177-a to read as
follows:
  S 177-A. CO-STAR TAX REBATES. 1. PAYMENT OF REBATES. THE  COMMISSIONER
SHALL PAY CO-STAR TAX REBATES, AS PROVIDED IN SECTION FOUR HUNDRED TWEN-
TY-FIVE-B  AND  SECTION  FOUR HUNDRED TWENTY-FIVE-C OF THE REAL PROPERTY
TAX LAW, TO AUTHORIZED PAYEES AS DEFINED IN THIS SECTION.  THE AMOUNT OF
EACH SUCH REBATE SHALL EQUAL THE CO-STAR ASSESSMENT ASSOCIATED WITH  THE
PARCEL  IN  QUESTION  MULTIPLIED BY THE APPLICABLE COUNTY TAX RATE. SUCH
PAYMENTS SHALL BE MADE AS PROMPTLY AS POSSIBLE FOLLOWING RECEIPT OF  THE
PAYEE  IDENTIFICATION  AND  OTHER INFORMATION SPECIFIED IN THIS SECTION,
SUBJECT TO APPROPRIATION BY  THE  STATE  LEGISLATURE.  THE  COMMISSIONER
SHALL  DESIGN, DEVELOP AND IMPLEMENT A PROCESS TO REVIEW THE QUALITY AND
INTEGRITY OF THE CO-STAR INFORMATION IN THEIR POSSESSION.
  2. AUTHORIZED PAYEES; MAILING ADDRESSES. (A) FOR EACH ELIGIBLE PROPER-
TY, THE CO-STAR REBATE SHALL BE PAID TO THE QUALIFIED OWNER-APPLICANT OR
OWNER-APPLICANTS AS DEFINED HEREIN, OR HIS, HER OR THEIR PAYMENT  DESIG-
NEE  OR  DESIGNEES,  IF  ANY. IN THE CASE OF CO-STAR ASSESSMENTS GRANTED
PURSUANT TO SECTION FOUR HUNDRED TWENTY-FIVE-B OF THE REAL PROPERTY  TAX
LAW,  THE  QUALIFIED  OWNER-APPLICANT  OR  OWNER-APPLICANTS SHALL BE THE
SENIOR CITIZEN OR CITIZENS WHO APPLIED FOR, AND WERE  FOUND  TO  SATISFY
THE  REQUIREMENTS  OF, THE ENHANCED STAR EXEMPTION AUTHORIZED BY SECTION
FOUR HUNDRED TWENTY-FIVE OF THE REAL PROPERTY TAX LAW.  IN THE  CASE  OF
CO-STAR   ASSESSMENTS   GRANTED   PURSUANT   TO   SECTION  FOUR  HUNDRED
TWENTY-FIVE-C OF THE REAL PROPERTY TAX LAW, THE  QUALIFIED  OWNER-APPLI-
CANT  OR  OWNER-APPLICANTS  SHALL  BE THE ELIGIBLE FARMER OR FARMERS WHO
APPLIED FOR, AND WERE FOUND TO SATISFY THE REQUIREMENTS OF, THE  CO-STAR
ASSESSMENT  AUTHORIZED BY SECTION FOUR HUNDRED TWENTY-FIVE-C OF THE REAL
PROPERTY TAX LAW.
  (B) THE CO-STAR REBATE SHALL BE MAILED TO THE MAILING ADDRESS PROVIDED
EITHER ON THE APPLICATION FORM FOR THE ENHANCED STAR EXEMPTION SUBMITTED
PURSUANT TO SECTION FOUR HUNDRED TWENTY-FIVE OF THE  REAL  PROPERTY  TAX
LAW,  OR  ON  THE CO-STAR APPLICATION FORM SUBMITTED PURSUANT TO SECTION
FOUR HUNDRED TWENTY-FIVE-C OF THE REAL PROPERTY TAX LAW, AS THE CASE MAY
BE, OR AS OTHERWISE RELIABLY OBTAINED BY THE DEPARTMENT.
  3. REPORTING OF DATA TO DEPARTMENT. (A) WHEN DEVELOPING OR MAINTAINING
ITS DATA BASE FOR PURPOSES OF ADMINISTERING ITS  RESPONSIBILITIES  UNDER
THIS  SECTION, THE DEPARTMENT SHALL UTILIZE TO THE MAXIMUM EXTENT POSSI-
BLE DATA EXTRACTED FROM THE ASSESSMENT ROLL DATA FILES SUBMITTED TO  THE
COMMISSIONER PURSUANT TO ARTICLE FIFTEEN-C OF THE REAL PROPERTY TAX LAW.
ON  OR BEFORE NOVEMBER FIRST OF EACH YEAR, THE COMMISSIONER SHALL ASCER-

A. 6876                             6

TAIN FROM SUCH DATA FILES THE  IDENTIFICATION  NUMBERS  OF  THE  PARCELS
DESIGNATED THEREON AS ELIGIBLE FOR CO-STAR ASSESSMENTS, THE NAMES OF THE
OWNERS  OF  EACH  SUCH PARCEL AS APPEARING THEREON, THE TAXABLE ASSESSED
VALUE  FOR COUNTY PURPOSES OF EACH SUCH PARCEL AS APPEARING THEREON, AND
THE ASSESSING UNIT IN WHICH EACH SUCH PARCEL IS LOCATED.
  (B) FOR PURPOSES OF  ADMINISTERING  ITS  RESPONSIBILITIES  UNDER  THIS
SECTION IN RELATION TO COOPERATIVE APARTMENT UNITS AND MOBILE HOMES, THE
DEPARTMENT  SHALL  ALSO  UTILIZE  DATA EXTRACTED FROM THE LISTS AND DATA
FILES SUBMITTED BY ASSESSORS PURSUANT TO PARAGRAPH  (A)  OF  SUBDIVISION
SIX  OF  SECTION FOUR HUNDRED TWENTY-FIVE-B OF THE REAL PROPERTY TAX LAW
AND  PARAGRAPH  (A)  OF  SUBDIVISION  NINE  OF  SECTION   FOUR   HUNDRED
TWENTY-FIVE-C OF THE REAL PROPERTY TAX LAW.  ON OR BEFORE NOVEMBER FIRST
OF  EACH  YEAR  THE  DEPARTMENT SHALL ASCERTAIN FROM SUCH LISTS AND DATA
FILES THE NAMES AND ADDRESSES OF THE OWNER-APPLICANTS AS SHOWN  THEREON,
THEIR MAILING ADDRESSES AS SHOWN THEREON, THE TAXABLE ASSESSED VALUE FOR
COUNTY  PURPOSES  ATTRIBUTABLE TO THEIR RESPECTIVE COOPERATIVE APARTMENT
UNITS OR MOBILE HOMES, AND THE ASSESSING UNIT IN WHICH EACH SUCH COOPER-
ATIVE APARTMENT UNIT OR MOBILE HOME IS LOCATED.
  (C) THE COUNTY TREASURER OF EACH COUNTY SHALL CERTIFY TO  THE  COMMIS-
SIONER,  NO  LATER  THAN  THE THIRTY-FIRST DAY OF JANUARY OF EACH COUNTY
FISCAL YEAR, THE COUNTY TAX RATES APPLICABLE TO EACH CITY AND TOWN WITH-
IN THE COUNTY FOR THAT FISCAL YEAR. IN THE  CASE  OF  A  COUNTY  LOCATED
WHOLLY  WITHIN  A CITY WITH A POPULATION OF ONE MILLION OR MORE INHABIT-
ANTS, THE COMMISSIONER OF FINANCE OF SUCH CITY SHALL MAKE  SUCH  CERTIF-
ICATION;  PROVIDED THAT THE TAX RATE TO BE PROVIDED THEREUNDER, AND USED
TO COMPUTE CO-STAR REBATES PURSUANT TO THIS SECTION, SHALL BE A  COMPOS-
ITE OF THE TAX RATES FOR BOTH CITY AND SCHOOL DISTRICT PURPOSES.
  (D)  IN ADDITION TO RECEIVING DATA PURSUANT TO PARAGRAPHS (A), (B) AND
(C) OF THIS SUBDIVISION, THE DEPARTMENT MAY ENTER INTO  AGREEMENTS  WITH
LOCAL  ASSESSORS,  WITH  COUNTY  TREASURERS, OR WITH SOME OR ALL OF SUCH
PARTIES, FOR THE REPORTING TO THE DEPARTMENT OF SUCH OTHER DATA  AS  MAY
BE  REQUIRED  FOR  ITS ADMINISTRATION OF THE CO-STAR TAX REBATE PROGRAM.
NOTHING CONTAINED IN THIS SECTION SHALL BE  CONSTRUED  TO  PRECLUDE  THE
DEPARTMENT FROM COLLECTING DIRECTLY FROM PUTATIVE PAYEES SUCH DATA AS IT
SHALL DEEM APPROPRIATE.
  (E)  INFORMATION PROVIDED TO OR PREPARED BY THE DEPARTMENT PURSUANT TO
THIS SECTION SHALL NOT BE USED FOR ANY PURPOSE OTHER THAN ADMINISTRATION
OF THE CO-STAR PROGRAM, AND SUCH INFORMATION SHALL  NOT  BE  REDISCLOSED
OTHER  THAN  FOR THE PURPOSE OF ADMINISTERING SUCH PROGRAM NOR SHALL THE
PROVISIONS OF ARTICLE SIX OF THE PUBLIC OFFICERS LAW APPLY TO  ANY  SUCH
INFORMATION.
  4. CONSTRUCTION OR INTERPRETATION OF CERTAIN PROVISIONS OR TERMS. WHEN
THE  PROPER  PAYMENT  OF  A  TAX  REBATE UNDER THIS SECTION DEPENDS UPON
CONSTRUCTION OF THE MEANING OF THE PROVISIONS OF  SECTION  FOUR  HUNDRED
TWENTY-FIVE-B OR FOUR HUNDRED TWENTY-FIVE-C OF THE REAL PROPERTY TAX LAW
(AND  ANY RELATED PROVISIONS OF SUCH LAW) OR INTERPRETATION OF THE TERMS
CONTAINED THEREIN, IT SHALL BE THE RESPONSIBILITY OF THE COMMISSIONER TO
PROVIDE THE CONSTRUCTION OR INTERPRETATION OF  ANY  SUCH  PROVISIONS  OR
TERMS.
  5.  LIMITATIONS.  PAYMENT OF A REBATE UPON THE INFORMATION PROVIDED TO
IT, OR DENIAL OF OR FAILURE TO PAY A REBATE BASED ON  SUCH  INFORMATION,
SHALL  RELIEVE THE COMMISSIONER AND THE DEPARTMENT FROM ALL LIABILITY TO
ANY OWNER OF THE PROPERTY, OR THE ESTATE,  TRUST,  ASSIGNS,  SUCCESSORS,
HEIRS  OR  REPRESENTATIVES  OF ANY SUCH OWNER, OR ANY OTHER PERSON, WITH
RESPECT TO SUCH PAYMENT,  AND  SUCH  PERSONS  SHALL  HAVE  NO  RIGHT  TO
COMMENCE  A  COURT  ACTION  OR PROCEEDING OR TO ANY OTHER LEGAL RECOURSE

A. 6876                             7

AGAINST THE STATE, THE COMMISSIONER, THE DEPARTMENT, OR ANY  OFFICER  OR
EMPLOYEE  OF STATE OR LOCAL GOVERNMENT INVOLVED IN THE ADMINISTRATION OF
THIS PROGRAM, TO RECOVER SUCH PAYMENT.
  6. FAILURE TO PAY COUNTY TAXES. (A) AFTER THE CONCLUSION OF EACH COUN-
TY  FISCAL YEAR, THE COUNTY TREASURER OF EACH COUNTY SHALL SUBMIT TO THE
COMMISSIONER A LIST IDENTIFYING ALL PARCELS WITH RESPECT  TO  WHICH  THE
COUNTY  TAXES FOR THAT FISCAL YEAR REMAINED UNPAID AS OF THE END OF THAT
FISCAL YEAR. IN THE CASE OF A COUNTY LOCATED WHOLLY WITHIN A CITY WITH A
POPULATION OF ONE MILLION  OR  MORE  INHABITANTS,  SUCH  LIST  SHALL  BE
SUBMITTED BY THE COMMISSIONER OF FINANCE OF SUCH CITY AND SHALL IDENTIFY
ALL  PARCELS  WITH  RESPECT TO WHICH THE CITY TAXES FOR THAT FISCAL YEAR
REMAINED UNPAID AS OF THE END OF THAT FISCAL YEAR. SUCH  LIST  SHALL  BE
SUBMITTED  TO  THE  COMMISSIONER WHEN SUBMITTING THE REPORT DESCRIBED IN
PARAGRAPH (C) OF SUBDIVISION THREE OF THIS SECTION.
  (B) UPON RECEIVING SUCH A LIST, THE COMMISSIONER  SHALL  WITHHOLD  ANY
FUTURE  CO-STAR  REBATE  PAYMENTS TO THE OWNER-APPLICANTS IN RELATION TO
ANY PARCELS ON THE LIST UNTIL RECEIVING CONFIRMATION THAT ALL  OUTSTAND-
ING  COUNTY  TAXES  ON THE PARCEL IN QUESTION HAVE BEEN PAID IN FULL. IT
SHALL BE THE  RESPONSIBILITY  OF  THE  OWNER-APPLICANT  TO  OBTAIN  SUCH
CONFIRMATION  IN  WRITING  FROM THE COUNTY TREASURER, AND TO PROVIDE THE
SAME TO THE DEPARTMENT IN SUCH MANNER AS THE COMMISSIONER MAY PRESCRIBE.
AFTER RECEIVING SUCH CONFIRMATION, ANY WITHHELD REBATES  FOR  WHICH  THE
OWNER-APPLICANT IS ELIGIBLE AND HAS TIMELY APPLIED SHALL BE RELEASED AND
FUTURE REBATE PAYMENTS MAY BE MADE, SUBJECT TO CONTINUED ELIGIBILITY AND
CONTINUOUS PAYMENT OF FUTURE COUNTY TAXES.  NO INTEREST SHALL BE PAID OR
PAYABLE  ON  ANY WITHHELD REBATES THAT ARE SO RELEASED. THE COMMISSIONER
MAY SCHEDULE THE PROCESSING OF REQUESTS  FOR  THE  RELEASE  OF  WITHHELD
REBATES  SO  AS TO ALLOW PAYMENTS TO BE COLLECTIVELY AUTHORIZED FOR THIS
PURPOSE NO MORE FREQUENTLY THAN TWICE PER CALENDAR YEAR.
  (C) IF SUCH CONFIRMATION IS NOT RECEIVED WITHIN A TIME  PERIOD  TO  BE
DETERMINED  BY THE COMMISSIONER, THE COMMISSIONER MAY REVOKE THE CO-STAR
REBATE FOR THE COUNTY FISCAL YEAR IDENTIFIED IN PARAGRAPH  (A)  OF  THIS
SUBDIVISION AND RECAPTURE THE APPLICABLE AMOUNT IN THE MANNER PRESCRIBED
BY SUBDIVISION SEVEN OF THIS SECTION.
  7. ERRONEOUS REBATES; REPLACEMENT CHECKS. THE COMMISSIONER MAY, IN HIS
OR HER DISCRETION, SEEK TO RECOVER ANY ERRONEOUS REBATE BY NOTIFYING THE
PAYEE  OF  THE  AMOUNT THEREOF. IF SUCH ERRONEOUS REBATE IS NOT RETURNED
WITHIN THIRTY DAYS, THE COMMISSIONER IS AUTHORIZED TO TREAT THE  ERRONE-
OUS  REBATE  AS  AN  ERRONEOUS  REFUND  OF  INCOME  TAX  PURSUANT TO THE
PROVISIONS OF PARAGRAPH FIVE OF SUBSECTION (C) OF  SECTION  SIX  HUNDRED
EIGHTY-THREE  OF THIS CHAPTER AND SUCH AMOUNTS, WHEN COLLECTED, SHALL BE
DEPOSITED AS PROVIDED IN SUBDIVISION ONE OF SECTION ONE  HUNDRED  SEVEN-
TY-ONE-A  OF THIS ARTICLE, AS IF SUCH AMOUNTS WERE TAXES COLLECTED UNDER
AN ARTICLE OF THIS CHAPTER REFERRED TO IN SUCH  SUBDIVISION.  WHERE  THE
COMMISSIONER  FINDS  THAT  AN ORIGINAL REBATE CHECK HAS BEEN MISDIRECTED
FOR REASONS BEYOND THE CONTROL OF THE AUTHORIZED PAYEE, HE  OR  SHE  MAY
ISSUE A NEW REBATE CHECK TO THE AUTHORIZED PAYEE.
  8.  REGULATIONS.  THE  COMMISSIONER  SHALL  BE AUTHORIZED TO MAKE SUCH
RULES AND REGULATIONS AS MAY BE DEEMED NECESSARY FOR THE PERFORMANCE  OF
HIS OR HER DUTIES UNDER THIS SECTION, INCLUDING BUT NOT LIMITED TO RULES
AND REGULATIONS RELATING TO STANDARDS AND PROCEDURES FOR FURNISHING DATA
TO THE DEPARTMENT.
  S  3.  Processing  of  Co-STAR  assessments for senior citizens on the
assessment roll. (a) Notwithstanding the provisions of section 425-b  of
the  real property tax law, as added by section one of this act, parcels
which are eligible for Co-STAR  assessments  pursuant  to  such  section

A. 6876                             8

shall  not  be  designated  as such on the 2012 assessment roll. In lieu
thereof, upon receipt of the 2012 assessment roll data file submitted to
it pursuant to section 1590 of the real property tax  law,  the  commis-
sioner  of taxation and finance shall identify the parcels thereon which
are receiving the enhanced STAR exemption pursuant to section 425 of the
real property tax law, shall ascertain the taxable  assessed  value  for
county purposes of each such parcel, together with the maximum allowable
Co-STAR assessments for each assessing unit.
  (b) Notwithstanding the provisions of section 177-a of the tax law, as
added  by  section  two  of this act, for purposes of issuing rebates of
county taxes for the county fiscal year beginning in 2013,  the  depart-
ment of taxation and finance may presume that the qualified owner-appli-
cant  or  owner-applicants  were  the property owner or owners as of the
applicable taxable status date, as shown on  the  assessment  roll  data
file  filed  with  the  commissioner of taxation and finance pursuant to
article 15-C of the real property tax law, and may further presume  that
the appropriate mailing addresses are the owners' addresses shown there-
on.
  (c)  When property which is eligible for a Co-STAR assessment pursuant
to this section constitutes a cooperative apartment  unit  or  a  mobile
home  which is subject to the provisions of paragraph (a) of subdivision
6 of section 425-b of the real property tax law, as added by section one
of this act, the assessor shall not be required to file the list or data
file required by such paragraph until  the  one  hundred  twentieth  day
after  the  effective date of this act, notwithstanding any provision in
such subdivision to the contrary.
  S 3-a. Processing of Co-STAR assessments for farmers assessment  roll.
(a)  Application  period for 2013.  Notwithstanding any provision of law
to the contrary, eligible farmers may submit  applications  for  Co-STAR
assessments  pursuant  to section 425-c of the real property tax law, as
added by section one of this act, on the 2011 assessment roll until  the
ninetieth  day  after  the  effective date of this act. Each assessor is
hereby authorized and directed to review and grant such applications  as
appropriate no later than the one hundred twentieth day after the effec-
tive date of this act. Provided, however, that in lieu of making entries
directly on the 2013 assessment roll, the assessor shall prepare a sepa-
rate list or data file identifying the eligible parcels in such form and
manner as may be prescribed by the commissioner of taxation and finance.
No  later than the one hundred twentieth day after the effective date of
this act, the assessor shall forward such  list  or  data  file  to  the
commissioner  of  taxation and finance, together with the maximum allow-
able Co-STAR assessment for each assessing unit.
  (b) Notice and review of denial for  2013.    If  an  assessor  should
determine  that a Co-STAR application submitted pursuant to this section
should be denied, he or she shall so notify the applicant  by  certified
mail,  return receipt requested, no later than the one hundred twentieth
day after the effective date of this act.  No later than 10  days  after
the  mailing  of such notice, the applicant may file a written complaint
with the assessor. The provisions of section 553 of  the  real  property
tax  law  shall  apply to the extent practicable to the review of such a
complaint.
  (c) For 2014 notwithstanding the provisions of section  177-a  of  the
tax  law,  as  added by section two of this act, for purposes of issuing
rebates of county taxes for the county fiscal year  beginning  in  2014,
the  department  of  taxation and finance may presume that the qualified
owner-applicant or owner-applicants were the property owner or owners as

A. 6876                             9

of the applicable taxable status date, as shown on the  assessment  roll
data  file  filed with the commissioner of taxation and finance pursuant
to article 15-C of the real property tax law, or on  the  list  or  data
file  forwarded  to the commissioner of taxation and finance pursuant to
subdivision (a) of this section, and may further presume that the appro-
priate mailing addresses are the owners' addresses shown thereon.
  (d) When property which is eligible for a Co-STAR assessment  pursuant
to  this  section  constitutes  a cooperative apartment unit or a mobile
home which is subject to the provisions of paragraph (a) of  subdivision
9 of section 425-c of the real property tax law, as added by section one
of this act, the assessor shall not be required to file the list or data
file  required  by  such  paragraph  until the one hundred twentieth day
after the effective date of this act, notwithstanding any  provision  in
such subdivision to the contrary.
  S  4. Subsection (e) of section 1310 of the tax law, as added by chap-
ter 481 of the laws of 1997, is relettered  subsection  (g)  and  a  new
subsection (h) is added to read as follows:
  (H)  CITY  CO-STAR  CREDIT.  (1) FOR TAXABLE YEARS BEGINNING AFTER TWO
THOUSAND THIRTEEN, A CITY CO-STAR CREDIT SHALL BE ALLOWED FOR  TAXPAYERS
WHO  HAVE  ATTAINED  THE AGE OF SIXTY-FIVE ON OR BEFORE THE CLOSE OF THE
TAXABLE YEAR. THE CREDIT SHALL BE ALLOWED AGAINST THE  TAXES  AUTHORIZED
BY THIS ARTICLE REDUCED BY THE CREDITS PERMITTED BY THIS ARTICLE. IF THE
CREDIT  EXCEEDS THE TAX AS SO REDUCED, THE TAXPAYER MAY RECEIVE, AND THE
COMPTROLLER, SUBJECT TO A CERTIFICATE OF THE COMMISSIONER, SHALL PAY  AS
AN  OVERPAYMENT,  WITHOUT  INTEREST,  THE  AMOUNT  OF  SUCH  EXCESS. FOR
PURPOSES OF THIS SUBSECTION, NO CREDIT SHALL BE GRANTED TO AN INDIVIDUAL
WITH RESPECT TO WHOM A DEDUCTION UNDER SUBSECTION  (C)  OF  SECTION  ONE
HUNDRED  FIFTY-ONE  OF THE INTERNAL REVENUE CODE IS ALLOWABLE TO ANOTHER
TAXPAYER FOR THE TAXABLE YEAR.
  (2) THE CREDIT SHALL BE DETERMINED UNDER THIS PARAGRAPH.
  (A) MARRIED INDIVIDUALS FILING JOINT RETURNS AND SURVIVING SPOUSES. IN
THE CASE OF A HUSBAND AND WIFE WHO MAKE A SINGLE RETURN JOINTLY AND OF A
SURVIVING SPOUSE:
  FOR TAXABLE YEARS TWO THOUSAND THIRTEEN AND AFTER THE CREDIT SHALL  BE
ONE HUNDRED TWENTY DOLLARS
  (B)  ALL  OTHERS.  IN THE CASE OF AN UNMARRIED INDIVIDUAL, A HEAD OF A
HOUSEHOLD OR A MARRIED INDIVIDUAL FILING A SEPARATE RETURN:
  FOR TAXABLE YEARS TWO THOUSAND THIRTEEN AND AFTER THE CREDIT SHALL  BE
SIXTY DOLLARS
  S  5. Subdivision (c) of section 11-1706 of the administrative code of
the city of New York, as added by chapter 481 of the laws  of  1997,  is
relettered subdivision (g) and a new subdivision (h) is added to read as
follows:
  (H)  CITY  CO-STAR  CREDIT.  (1) FOR TAXABLE YEARS BEGINNING AFTER TWO
THOUSAND THIRTEEN, A CITY CO-STAR CREDIT SHALL BE ALLOWED FOR  TAXPAYERS
WHO  HAVE  ATTAINED  THE AGE OF SIXTY-FIVE ON OR BEFORE THE CLOSE OF THE
TAXABLE YEAR. THE CREDIT SHALL BE ALLOWED AGAINST THE TAXES  IMPOSED  BY
THIS  CHAPTER  REDUCED  BY THE CREDITS PERMITTED BY THIS CHAPTER. IF THE
CREDIT EXCEEDS THE TAX AS SO REDUCED, THE TAXPAYER MAY RECEIVE, AND  THE
STATE COMPTROLLER, SUBJECT TO A CERTIFICATE OF THE STATE COMMISSIONER OF
TAXATION AND FINANCE, SHALL PAY AS AN OVERPAYMENT, WITHOUT INTEREST, THE
AMOUNT OF SUCH EXCESS. FOR PURPOSES OF THIS SUBDIVISION, NO CREDIT SHALL
BE  GRANTED  TO  AN  INDIVIDUAL  WITH  RESPECT TO WHOM A DEDUCTION UNDER
SUBSECTION (C) OF SECTION ONE HUNDRED FIFTY-ONE OF THE INTERNAL  REVENUE
CODE IS ALLOWABLE TO ANOTHER TAXPAYER FOR THE TAXABLE YEAR.
  (2) THE CREDIT SHALL BE DETERMINED UNDER THIS PARAGRAPH.

A. 6876                            10

  (A) MARRIED INDIVIDUALS FILING JOINT RETURNS AND SURVIVING SPOUSES. IN
THE CASE OF A HUSBAND AND WIFE WHO MAKE A SINGLE RETURN JOINTLY AND OF A
SURVIVING SPOUSE:
  FOR  TAXABLE YEARS TWO THOUSAND THIRTEEN AND AFTER THE CREDIT SHALL BE
ONE HUNDRED TWENTY DOLLARS
  (B) ALL OTHERS. IN THE CASE OF AN UNMARRIED INDIVIDUAL, A  HEAD  OF  A
HOUSEHOLD OR A MARRIED INDIVIDUAL FILING A SEPARATE RETURN:
  FOR  TAXABLE YEARS TWO THOUSAND THIRTEEN AND AFTER THE CREDIT SHALL BE
SIXTY DOLLARS
  S 6. The state finance law is amended by adding a new section  97-llll
to read as follows:
  S  97-LLLL.  CO-STAR  FUND. 1. THERE IS HEREBY ESTABLISHED IN THE SOLE
CUSTODY OF THE COMMISSIONER OF TAXATION AND FINANCE A SPECIAL FUND TO BE
KNOWN AS THE CO-STAR FUND.
  2. SUCH FUND SHALL CONSIST OF ALL MONIES CREDITED OR TRANSFERRED THER-
ETO FROM THE GENERAL FUND OR FROM ANY OTHER FUND OR SOURCES PURSUANT  TO
LAW.
  3.  THE  MONIES  OF THE FUND SHALL BE AVAILABLE FOR PAYMENT OF CO-STAR
REBATES AUTHORIZED BY SECTION ONE HUNDRED  SEVENTY-SEVEN-A  OF  THE  TAX
LAW,  AND  NOTWITHSTANDING ANY OTHER PROVISION OF LAW, SHALL BE PAID OUT
ON CHECKS ISSUED AND SIGNED SOLELY BY THE COMMISSIONER OF  TAXATION  AND
FINANCE.
  S 7. This act shall take effect immediately, provided, however:
  (a)  Section  one of this act shall apply to assessment rolls filed in
2014 and thereafter; and
  (b) Section two of this act shall apply to county fiscal years  begin-
ning in 2015 and thereafter.