Assembly Bill A10126

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

                                  10126

                          I N  A S S E M B L Y

                              May 11, 2016
                               ___________

Introduced  by M. of A. RUSSELL -- read once and referred to the Commit-
  tee on Real Property Taxation

AN ACT to amend the real property tax  law,  in  relation  to  providing
  state aid to certain public school districts in which tax exempt enti-
  ties  are  situated;  and  providing for the repeal of such provisions
  upon expiration thereof

  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 546-a to read as follows:
  S 546-A. STATE AID; EXEMPT LANDS OF TAX EXEMPT  ENTITIES.  1.  IN  ANY
PUBLIC  SCHOOL  DISTRICT  IN  WHICH MORE THAN TWENTY-FIVE PERCENT OF THE
TOTAL ASSESSED VALUE OF REAL PROPERTY  THEREIN,  AS  DETERMINED  BY  THE
ASSESSOR  OF  SUCH  DISTRICT, IS OWNED BY TAX EXEMPT ENTITIES, THE STATE
SHALL MAKE PAYMENTS TO THOSE PUBLIC SCHOOL DISTRICTS IN ACCORDANCE  WITH
THIS SECTION.
  2.  THE  COMMISSIONER  SHALL  CREATE  THE FORM OF APPLICATION A PUBLIC
SCHOOL DISTRICT MUST USE WHEN  MAKING  A  SUBMISSION  PURSUANT  TO  THIS
SECTION.  THE  COMMISSIONER  SHALL  ALSO ESTABLISH THE DATE BY WHICH ALL
APPLICATIONS MUST BE SUBMITTED. NO APPLICATIONS  FOR  PAYMENT  SHALL  BE
ACCEPTED AFTER THE DATE ESTABLISHED BY THE COMMISSIONER.
  3.  THE COMMISSIONER SHALL MAKE PAYMENTS, THE AGGREGATE OF WHICH SHALL
NOT EXCEED TWO MILLION FIVE  HUNDRED  THOUSAND  DOLLARS  PER  YEAR,  PER
PUBLIC  SCHOOL  DISTRICT,  ELIGIBLE  PURSUANT TO SUBDIVISION ONE OF THIS
SECTION, THAT HAVE MADE  TIMELY  APPLICATION  THEREFOR.  FOR  EACH  SUCH
PUBLIC SCHOOL DISTRICT, THE PAYMENT SHALL BE COMPUTED AS FOLLOWS:
  (A)  SCHOOL  DISTRICTS  WHERE  MORE  THAN  FORTY  PERCENT OF THE TOTAL
ASSESSED VALUE OF REAL PROPERTY THEREIN IS OWNED BY TAX EXEMPT  ENTITIES
SHALL  RECEIVE  A  MAXIMUM  OF  FIVE  HUNDRED  THOUSAND  DOLLARS; SCHOOL
DISTRICTS WHERE MORE THAN FORTY-FIVE PERCENT OF THE TOTAL ASSESSED VALUE
OF REAL PROPERTY THEREIN IS OWNED BY TAX EXEMPT ENTITIES SHALL RECEIVE A
MAXIMUM OF SEVEN HUNDRED FIFTY THOUSAND DOLLARS; SCHOOL DISTRICTS  WHERE
MORE  THAN  FIFTY  PERCENT  OF THE TOTAL ASSESSED VALUE OF REAL PROPERTY
THEREIN IS OWNED BY TAX EXEMPT ENTITIES SHALL RECEIVE A MAXIMUM  OF  ONE

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

                                                           LBD08873-06-6

A. 10126                            2

MILLION  DOLLARS; SCHOOL DISTRICTS WHERE MORE THAN FIFTY-FIVE PERCENT OF
THE TOTAL ASSESSED VALUE OF REAL PROPERTY THEREIN IS OWNED BY TAX EXEMPT
ENTITIES SHALL RECEIVE A MAXIMUM OF ONE MILLION  FIVE  HUNDRED  THOUSAND
DOLLARS;  SCHOOL  DISTRICTS  WHERE  MORE THAN SIXTY PERCENT OF THE TOTAL
ASSESSED VALUE OF REAL PROPERTY THEREIN IS OWNED BY TAX EXEMPT  ENTITIES
SHALL  RECEIVE  A  MAXIMUM  OF TWO MILLION DOLLARS; AND SCHOOL DISTRICTS
WHERE MORE THAN SIXTY-FIVE PERCENT OF THE TOTAL ASSESSED VALUE  OF  REAL
PROPERTY THEREIN IS OWNED BY TAX EXEMPT ENTITIES SHALL RECEIVE A MAXIMUM
OF TWO MILLION FIVE HUNDRED THOUSAND DOLLARS;
  (B) MULTIPLY THE MAXIMUM ENTITLEMENT FOR EACH HIGH NEEDS RURAL, SUBUR-
BAN, OR URBAN SCHOOL DISTRICT, AS DETERMINED BY THE DEPARTMENT OF EDUCA-
TION,  BY  1;  MULTIPLY  THE  MAXIMUM  ENTITLEMENT  FOR  EACH ROCHESTER,
BUFFALO, SYRACUSE, YONKERS, NEW  YORK  CITY,  OR  AVERAGE  NEEDS  SCHOOL
DISTRICT, AS DETERMINED BY THE DEPARTMENT OF EDUCATION, BY 0.5; MULTIPLY
THE  MAXIMUM  ENTITLEMENT  FOR EACH LOW NEEDS SCHOOL DISTRICT, AS DETER-
MINED BY THE DEPARTMENT OF EDUCATION, BY 0;
  (C) FOR SCHOOL DISTRICTS WITH MORE THAN EIGHT HUNDRED FIFTY  STUDENTS,
MULTIPLY  THAT FIGURE BY 1; FOR SCHOOL DISTRICTS WITH TWO HUNDRED EIGHTY
TO EIGHT HUNDRED FORTY-NINE STUDENTS, MULTIPLY THAT FIGURE BY  0.7;  FOR
SCHOOL  DISTRICTS WITH TWO HUNDRED SEVENTY-NINE STUDENTS OR LESS, MULTI-
PLY THAT FIGURE BY 0.4;
  (D) AT THE END OF EACH FISCAL YEAR THE  COMMISSIONER  SHALL  CALCULATE
AND  ESTABLISH  AN  ADJUSTED  REIMBURSEMENT  RATE BY INCREASING THE THEN
CURRENT REIMBURSEMENT RATE BY THE RATE OF INFLATION FOR THE MOST  RECENT
TWELVE  MONTH PERIOD USING THE CONSUMER PRICE INDEX-ALL URBAN CONSUMERS,
OR A SUCCESSOR INDEX AS CALCULATED BY THE UNITED  STATES  DEPARTMENT  OF
LABOR,  IF  SUCH  RATE OF INFLATION IS GREATER THAN ZERO PERCENT, OR, IF
GREATER, SUCH OTHER WAGE AS MAY BE ESTABLISHED BY FEDERAL  LAW  PURSUANT
TO  29 U.S.C. SECTION 206 OR ITS SUCCESSORS OR SUCH OTHER WAGE AS MAY BE
ESTABLISHED IN ACCORDANCE WITH THE PROVISIONS OF THIS ARTICLE.
  4. THE COMMISSIONER SHALL PROMULGATE ALL RULES AND REGULATIONS  NECES-
SARY FOR THE IMPLEMENTATION OF THE PROVISIONS OF THIS SECTION.
  5.  WHEN  CALCULATING THE ASSESSED VALUE OF ANY PARCEL OF PROPERTY FOR
PURPOSES OF THIS SECTION, THE VALUE IN ANY YEAR MAY NOT BE GREATER  THAN
THE  BASE YEAR PLUS TWO PERCENT FOR EACH ADDITIONAL YEAR BEYOND THE BASE
YEAR. THE BASE YEAR FOR ALL PROPERTY FOR PURPOSES OF THIS SECTION  SHALL
BE THE ASSESSED VALUE OF SUCH PROPERTY FOR THE TWO THOUSAND FIFTEEN--TWO
THOUSAND SIXTEEN ASSESSMENT ROLL.
  6.  THE ASSESSED VALUE OF ANY PROPERTY THAT RECEIVES TAX EXEMPT STATUS
AFTER THE EFFECTIVE DATE OF THIS SECTION MUST BE EQUIVALENT TO SIMILARLY
SITUATED PARCELS. THE COMMISSIONER MAY REFUSE TO INCLUDE A PARCEL IN THE
CALCULATIONS REQUIRED BY THIS SECTION  IF  THE  COMMISSIONER  DETERMINES
THAT  THE  ASSESSED  VALUE  OF  SUCH  PARCEL  IS  ARTIFICIALLY  HIGH AND
DISPROPORTIONATE TO THE TAXABLE PARCELS LOCATED WITHIN THE PUBLIC SCHOOL
DISTRICTS.
  S 2. This act shall take effect on the first of January next  succeed-
ing  the  date  on  which  it shall have become a law and shall apply to
assessment rolls prepared on the basis of taxable status dates occurring
on or after the first of July next succeeding the date on which this act
shall have become a law.   This act shall  expire  5  years  after  such
effective  date  when upon such date the provisions of this act shall be
deemed repealed.   Effective  immediately,  any  rules  and  regulations
necessary  to implement the provisions of this act on its effective date
are authorized to be made on or before such date.