S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1328
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                              January 9, 2017
                                ___________
 
 Introduced  by  Sens. COMRIE, ADDABBO -- read twice and ordered printed,
   and when printed to be committed to the Committee on Aging
 
 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:
   § 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.
   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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD00766-01-7

 S. 1328                             2
 
 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  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 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.
   § 2. The tax law is amended by adding a new section 177-a to  read  as
 follows:
   §  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

 S. 1328                             3
 
 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.
   (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

 S. 1328                             4
 
 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.
   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

 S. 1328                             5
 
 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.
   §  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.
   § 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 SEVENTEEN, 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

 S. 1328                             6
 
 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 SEVENTEEN 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 SEVENTEEN AND AFTER THE CREDIT SHALL BE
 SIXTY DOLLARS.
   § 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 SEVENTEEN, 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 SEVENTEEN 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 SEVENTEEN AND AFTER THE CREDIT SHALL BE
 SIXTY DOLLARS.
   § 6. The state finance law is amended by adding a new  section  85  to
 read as follows:
   § 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
 ON CHECKS ISSUED AND SIGNED SOLELY BY THE COMMISSIONER OF  TAXATION  AND
 FINANCE.
   § 7. This act shall take effect immediately, provided, however:
   (a)  Section  one of this act shall apply to assessment rolls filed in
 2018 and thereafter; and
   (b) Section two of this act shall apply to county fiscal years  begin-
 ning in 2019 and thereafter.