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

                                 5389--A

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                              May 14, 2015
                               ___________

Introduced  by  Sens. COMRIE, ADDABBO -- read twice and ordered printed,
  and when printed to be committed to the Committee on Aging  --  recom-
  mitted  to  the  Committee  on Aging in accordance with Senate Rule 6,
  sec. 8 -- committee discharged, bill  amended,  ordered  reprinted  as
  amended and recommitted to said committee

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

  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 425-b 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 TITLE, 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 THREE TIMES THE EXEMPT AMOUNT DETERMINED FOR PURPOSES
OF THE ENHANCED STAR EXEMPTION AUTHORIZED BY SECTION FOUR HUNDRED  TWEN-
TY-FIVE  OF  THIS  TITLE  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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10515-04-6

              

S. 5389--A                          2

  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
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  OF TAXATION AND
FINANCE 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  FIVE   OF   SECTION   ONE   HUNDRED
SEVENTY-SEVEN-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  TITLE  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 OF TAXATION AND FINANCE.
  (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 TITLE 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 TITLE.
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 ASSESS-
MENTS.
  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  2.  The tax law is amended by adding a new section 177-a to read as
follows:

S. 5389--A                          3

  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  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 INFOR-
MATION 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 HIS OR HER 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, OR HIS, HER OR THEIR PAYMENT DESIGNEE 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 CITI-
ZENS 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.
  (B) THE CO-STAR REBATE SHALL BE MAILED TO THE MAILING ADDRESS PROVIDED
ON THE APPLICATION FORM FOR THE ENHANCED STAR EXEMPTION SUBMITTED PURSU-
ANT TO SECTION FOUR HUNDRED TWENTY-FIVE OF THE REAL PROPERTY TAX LAW.
  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-
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 TO THE COMMISSIONER BY ASSESSORS PURSUANT  TO  PARAGRAPH
(A) OF SUBDIVISION SIX OF SECTION FOUR HUNDRED TWENTY-FIVE-B OF THE REAL
PROPERTY TAX LAW.  ON OR BEFORE NOVEMBER FIRST OF EACH YEAR, THE COMMIS-
SIONER  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  COOPERATIVE
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.

S. 5389--A                          4

  (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.  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
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.
  5. 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.

S. 5389--A                          5

  6. 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.
  7.  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
shall  not  be  designated  as such on the 2014 assessment roll. In lieu
thereof, upon receipt of the 2014 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, and shall forward such information
to the department of taxation and finance,  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 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  SIXTEEN,  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

S. 5389--A                          6

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 SIXTEEN 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 SIXTEEN 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 SIXTEEN, 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) 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 SIXTEEN AND AFTER THE CREDIT SHALL BE
FIVE HUNDRED 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 SIXTEEN AND AFTER THE CREDIT SHALL BE
SIXTY DOLLARS.
  S 6. The state finance law is amended by adding a new  section  85  to
read as follows:
  S 85. 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

S. 5389--A                          7

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
2017 and thereafter; and
  (b) Section two of this act shall apply to county fiscal years  begin-
ning in 2018 and thereafter.