senate Bill S7082

2013-2014 Legislative Session

Exempts costs associated with revaluations or reassessments from the tax levy limit on real property

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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
Apr 24, 2014 referred to local government

S7082 - Bill Details

See Assembly Version of this Bill:
A1235
Current Committee:
Law Section:
General Municipal Law
Laws Affected:
Amd ยง3-c, Gen Muni L
Versions Introduced in 2011-2012 Legislative Session:
A10466

S7082 - Bill Texts

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Exempts cost associated with revaluations or reassessments from the tax levy limit on real property.

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BILL NUMBER:S7082

TITLE OF BILL: An act to amend the general municipal law, in relation
to exempting the costs associated with real property revaluation or
reassessment for the tax levy limit

PURPOSE OR GENERAL IDEA OF BILL: This bill exempts from the tax levy
limit imposed on local governments all costs associated with real
property revaluations or reassessments.

SUMMARY OF SPECIFIC PROVISIONS: This bill amends Section 3-c(2)(g)(iv)
of the general municipal law, as added by section 1 of part A of
chapter 97 of the laws of 2011, by adding a new subparagraph (v) which
provides that the tax levy limit shall not include the costs
associated with real property revaluations or reassessments.

JUSTIFICATION: This bill is designed to encourage and assist local
governments to update their real property assessments.

Because properties have appreciated/depreciated differently over time,
real property assessments in numerous municipalities have become
outdated and unfair. Reassessment ensures that property owners pay
their fair share of the tax burden. It does not raise more tax
dollars.

Municipalities have been reluctant to reassess - especially because of
the high costs of reassessment. The recently enacted "tax cap" is
further discouraging local governments from undertaking necessary
reassessment of real property since the costs of reassessment are
currently included in a local government's allowable tax levy limit.

This bill would allow local governments to exclude the costs of
conducting reassessments of real property from the allowable tax levy
cap.

EXISTING LAW: Current law does not address this issue.

PRIOR LEGISLATIVE HISTORY: 2012: A.10466 referred to real property
taxation

FISCAL IMPLICATIONS: None

EFFECTIVE DATE: Immediately. However, this act does not affect the
repeal of general municipal law section 3-c as currently set forth
therein.

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

                                  7082

                            I N  S E N A T E

                             April 24, 2014
                               ___________

Introduced  by  Sen. LATIMER -- read twice and ordered printed, and when
  printed to be committed to the Committee on Local Government

AN ACT to amend the general municipal law, in relation to exempting  the
  costs  associated  with  real property revaluation or reassessment for
  the tax levy limit

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

  Section  1.  Subparagraph  (iv)  of  paragraph (g) of subdivision 2 of
section 3-c of the general municipal law, as added by section 1 of  part
A  of  chapter 97 of the laws of 2011, is amended and a new subparagraph
(v) is added to read as follows:
  (iv) in years in which the normal contribution rate of  the  New  York
state teachers' retirement system, as defined by paragraph a of subdivi-
sion  two  of  section  five  hundred  seventeen  of  the education law,
increases by more than two percentage points from the previous  year,  a
tax levy necessary for expenditures for the coming fiscal year for local
government  employer  contributions  to  the  New  York  state teachers'
retirement system caused by growth in the normal contribution rate minus
two percentage points[.];
  (V) ALL COSTS ASSOCIATED WITH REAL PROPERTY REVALUATIONS OR  REASSESS-
MENTS.
  S  2.  Paragraph  (a)  of  subdivision 3 of section 3-c of the general
municipal law, as added by section 1 of part A of chapter 97 of the laws
of 2011, is amended to read as follows:
  (a) Subject to the provisions of subdivision  five  of  this  section,
beginning  with  the  fiscal year that begins in two thousand twelve, no
local government shall adopt a budget that requires a tax levy  that  is
greater  than  the  tax  levy limit for the coming fiscal year. Provided
however the tax levy limit  shall  not  prohibit  a  levy  necessary  to
support  the  expenditures  pursuant to subparagraphs (i) through [(iv)]
(V) of paragraph (g) of subdivision two of this section.
  S 3. Subdivision 5 of section 3-c of the  general  municipal  law,  as
added  by  section  1  of  part  A of chapter 97 of the laws of 2011, is
amended to read as follows:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03625-01-3

S. 7082                             2

  5. A local government may adopt a budget that requires a tax levy that
is greater than the tax levy limit  for  the  coming  fiscal  year,  not
including  any  levy  necessary  to support the expenditures pursuant to
subparagraphs (i) through [(iv)] (V) of paragraph [g] (G) of subdivision
two of this section, only if the governing body of such local government
first  enacts,  by  a vote of sixty percent of the total voting power of
such body, a local law to override such limit  for  such  coming  fiscal
year  only, or in the case of a district or fire district, a resolution,
approved by a vote of sixty percent of the total voting  power  of  such
body, to override such limit for such coming fiscal year only.
  S  4.  This act shall take effect immediately; provided, however, that
the amendments to section 3-c of  the  general  municipal  law  made  by
sections  one, two, and three of this act shall not affect the repeal of
such section and shall be deemed repealed therewith.

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