S T A T E   O F   N E W   Y O R K
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                                  7702

                            I N  S E N A T E

                              May 12, 2016
                               ___________

Introduced  by  Sen.  SERINO -- 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  a  mixed  use
  exemption program in certain villages

  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  a  new
section 485-s to read as follows:
  S  485-S. MIXED USE EXEMPTION PROGRAM FOR VILLAGES. 1. AS USED IN THIS
SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
  (A) "APPLICANT" MEANS ANY PERSON OBLIGATED TO PAY REAL PROPERTY  TAXES
ON  THE  PROPERTY  FOR WHICH AN EXEMPTION FROM REAL PROPERTY TAXES UNDER
THIS SECTION IS SOUGHT.
  (B) "MIXED-USE PROPERTY" MEANS PROPERTY WITH A BUILDING  OR  STRUCTURE
USED FOR BOTH RESIDENTIAL AND COMMERCIAL PURPOSES.
  (C)  "PERSON"  MEANS  AN  INDIVIDUAL,  CORPORATION,  LIMITED LIABILITY
COMPANY, PARTNERSHIP, ASSOCIATION, AGENCY,  TRUST,  ESTATE,  FOREIGN  OR
DOMESTIC GOVERNMENT OR SUBDIVISION THEREOF, OR OTHER ENTITY.
  2.  ANY  VILLAGE  WITH  A  POPULATION  GREATER THAN FIVE THOUSAND FIVE
HUNDRED AND LESS THAN FIVE THOUSAND SIX HUNDRED BASED  UPON  THE  LATEST
DECENNIAL  CENSUS  MAY,  BY LOCAL LAW, PROVIDE FOR THE EXEMPTION OF REAL
PROPERTY FROM TAXATION AS PROVIDED IN THIS SECTION. UPON THE ADOPTION OF
SUCH A LOCAL LAW, THE COUNTY AND TOWN IN WHICH SUCH VILLAGE  IS  LOCATED
MAY,  BY  LOCAL  LAW,  AND  ANY SCHOOL DISTRICT, ALL OR PART OF WHICH IS
LOCATED IN SUCH VILLAGE, MAY, BY RESOLUTION, EXEMPT SUCH  PROPERTY  FROM
ITS  TAXATION  IN THE SAME MANNER AND TO THE SAME EXTENT AS SUCH VILLAGE
HAS DONE.
  3. UPON THE ADOPTION OF SUCH A LOCAL LAW, NEWLY CONSTRUCTED  MIXED-USE
PROPERTY, SHALL BE EXEMPT FROM TAXATION AND SPECIAL AD VALOREM LEVIES AS
PROVIDED FOR IN SUBDIVISION FOUR OF THIS SECTION.
  4.  (A)  FOR A PERIOD OF TWENTY YEARS FROM THE APPROVAL OF AN APPLICA-
TION, THE INCREASE IN ASSESSED VALUE OF SUCH  PROPERTY  ATTRIBUTABLE  TO
SUCH  CONSTRUCTION  SHALL BE EXEMPT AS PROVIDED IN PARAGRAPH (B) OF THIS
SUBDIVISION. SUCH EXEMPTION  SHALL  BE  COMPUTED  WITH  RESPECT  TO  THE
"EXEMPTION  BASE".  THE EXEMPTION BASE SHALL BE DETERMINED FOR EACH YEAR
IN WHICH THERE IS AN INCREASE IN ASSESSED  VALUE  SO  ATTRIBUTABLE  FROM
THAT OF THE PREVIOUS YEAR'S ASSESSED VALUE.
              

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05141-04-6

S. 7702                             2

  (B)  THE  FOLLOWING  TABLE SHALL ILLUSTRATE THE COMPUTATION OF THE TAX
EXEMPTION:
YEAR OF EXEMPTION             PERCENTAGE OF EXEMPTION
1-2                           90% OF EXEMPTION BASE
  3                           80% OF EXEMPTION BASE
  4                           75% OF EXEMPTION BASE
  5                           70% OF EXEMPTION BASE
  6                           65% OF EXEMPTION BASE
  7                           60% OF EXEMPTION BASE
  8                           55% OF EXEMPTION BASE
  9                           50% OF EXEMPTION BASE
 10                           45% OF EXEMPTION BASE
 11                           40% OF EXEMPTION BASE
 12                           35% OF EXEMPTION BASE
 13                           30% OF EXEMPTION BASE
 14                           25% OF EXEMPTION BASE
 15                           20% OF EXEMPTION BASE
 16                           15% OF EXEMPTION BASE
 17-18                        10% OF EXEMPTION BASE
 19-20                        5% OF EXEMPTION BASE
  (C)  NO  SUCH  EXEMPTION SHALL BE GRANTED UNLESS SUCH CONSTRUCTION WAS
COMMENCED SUBSEQUENT TO THE DATE ON WHICH THE VILLAGE'S LOCAL  LAW  TOOK
EFFECT.
  (D)  NO  SUCH EXEMPTION SHALL BE GRANTED CONCURRENT WITH OR SUBSEQUENT
TO ANY OTHER REAL PROPERTY TAX EXEMPTION GRANTED TO  THE  SAME  IMPROVE-
MENTS TO REAL PROPERTY, EXCEPT, WHERE DURING THE PERIOD OF SUCH PREVIOUS
EXEMPTION,  PAYMENTS IN LIEU OF TAXES OR OTHER PAYMENTS WERE MADE TO THE
LOCAL GOVERNMENT IN AN AMOUNT THAT WOULD HAVE BEEN EQUAL TO  OR  GREATER
THAN THE AMOUNT OF REAL PROPERTY TAXES THAT WOULD HAVE BEEN PAID ON SUCH
IMPROVEMENTS  HAD  SUCH  PROPERTY  BEEN GRANTED AN EXEMPTION PURSUANT TO
THIS SECTION.  IN SUCH CASE, AN EXEMPTION SHALL BE GRANTED FOR A  NUMBER
OF  YEARS  EQUAL  TO  THE TWENTY YEAR EXEMPTION GRANTED PURSUANT TO THIS
SECTION LESS THE NUMBER OF YEARS THE PROPERTY WOULD HAVE BEEN PREVIOUSLY
EXEMPT FROM REAL PROPERTY TAXES.
  5. SUCH EXEMPTION SHALL BE GRANTED ONLY UPON APPLICATION BY THE  OWNER
OF  SUCH  REAL  PROPERTY  ON A FORM PRESCRIBED BY THE COMMISSIONER. SUCH
APPLICATION SHALL BE FILED WITH THE ASSESSOR ON OR BEFORE THE  APPROPRI-
ATE TAXABLE STATUS DATE.
  6.  IF  THE ASSESSOR IS SATISFIED THAT THE APPLICANT IS ENTITLED TO AN
EXEMPTION PURSUANT TO THIS SECTION, HE OR SHE SHALL APPROVE THE APPLICA-
TION AND SUCH REAL PROPERTY SHALL THEREAFTER BE EXEMPT FROM TAXATION AND
SPECIAL AD VALOREM LEVIES AS PROVIDED IN THIS  SECTION  COMMENCING  WITH
THE  ASSESSMENT  ROLL PREPARED AFTER THE TAXABLE STATUS DATE REFERRED TO
IN SUBDIVISION FIVE OF THIS SECTION. THE ASSESSED VALUE OF ANY EXEMPTION
GRANTED PURSUANT TO THIS SECTION SHALL BE ENTERED BY THE ASSESSOR ON THE
ASSESSMENT ROLL WITH THE  TAXABLE  PROPERTY,  WITH  THE  AMOUNT  OF  THE
EXEMPTION SHOWN IN A SEPARATE COLUMN.
  7.  A  LOCAL LAW OR RESOLUTION ADOPTED PURSUANT TO THIS SECTION MAY BE
REPEALED BY THE GOVERNING BODY OF THE APPLICABLE VILLAGE, COUNTY,  TOWN,
OR SCHOOL DISTRICT, PROVIDED THAT SUCH REPEAL SHALL OCCUR AT LEAST NINE-
TY DAYS PRIOR TO THE APPLICABLE TAXABLE STATUS DATE AND PROVIDED FURTHER
THAT  NO  SUCH LOCAL LAW OR RESOLUTION SHALL REPEAL AN EXEMPTION GRANTED
PURSUANT TO THIS SECTION UNTIL THE EXPIRATION OF THE  PERIOD  FOR  WHICH
SUCH EXEMPTION WAS GRANTED.
  S 2. This act shall take effect immediately.