NY State Senate Bill S8464A

Archive: Last Bill Status Via A10464 - Signed by Governor

Introduced
In Committee
On Floor Calendar
- Passed Senate
- Passed Assembly
Delivered to Governor
Signed by Governor

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Actions

view actions (13)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Oct 07, 2020	signed chap.220
Sep 25, 2020	delivered to governor
Jul 22, 2020	returned to assembly passed senate 3rd reading cal.860 substituted for s8464a
Jul 22, 2020	substituted by a10464a
Jul 21, 2020	ordered to third reading cal.860 reported and committed to rules
Jul 20, 2020	reported and committed to finance
Jun 16, 2020	print number 8464a
Jun 16, 2020	amend and recommit to agriculture
Jun 03, 2020	referred to agriculture

Votes

view votes

Jul 22, 2020 - floor Vote

A10464A

floor

Aye

Nay

Absent

Excused

Abstained

Jul 21, 2020 - Finance committee Vote

S8464A

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

Jul 21, 2020 - Rules committee Vote

S8464A

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

Jul 20, 2020 - Agriculture committee Vote

S8464A

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

Bill Amendments

Original

A (Active)

Original

A (Active)

S8464 - Details

See Assembly Version of this Bill:: A10464
Law Section:: Agriculture and Markets Law
Laws Affected:: Amd §305, Ag & Mkts L

S8464 - Summary

Relates to land used in agricultural production.

S8464 - Sponsor Memo

S8464 - Bill Text download pdf


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

                                  8464

                            I N  S E N A T E

                              June 3, 2020
                               ___________

Introduced  by  Sen. METZGER -- read twice and ordered printed, and when
  printed to be committed to the Committee on Agriculture

AN ACT to amend the agriculture and markets law,  in  relation  to  land
  used  in agricultural production; 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  opening  paragraph  and  paragraphs f, h, k and l of
subdivision 4 of section 301 of the agriculture  and  markets  law,  the
opening  paragraph  as amended by chapter 344 of the laws of 2012, para-
graph f as amended by chapter 445 of the laws of 2002,  paragraph  h  as
amended  by  chapter  587  of  the laws of 2005, paragraph k as added by
chapter 341 of the laws of 2008 and paragraph l as added by chapter  384
of the laws of 2011, are amended to read as follows:
  "Land used in agricultural production" means not less than seven acres
of  land  used  as a single operation in the preceding two years for the
production for sale of crops, livestock  or  livestock  products  of  an
average  gross  sales  value of [ten] FIVE thousand dollars or more; or,
not less than seven acres of land used in the  preceding  two  years  to
support  a  commercial  horse  boarding operation or a commercial equine
operation with annual gross receipts of [ten] FIVE thousand  dollars  or
more.  Land  used  in  agricultural production shall not include land or
portions thereof used for processing or  retail  merchandising  of  such
crops,  livestock  or  livestock  products.  Land  used  in agricultural
production shall also include:
  f. Land of not less than seven acres used as a single operation in the
preceding two years for the production for sale of crops,  livestock  or
livestock  products  of an average gross sales value of [ten] FIVE thou-
sand dollars or more, or land of less than seven acres used as a  single
operation  in  the  preceding  two  years for the production for sale of
crops, livestock or livestock products of an average gross  sales  value
of [fifty] TWENTY-FIVE thousand dollars or more.
  h.  Land  that  is owned or rented by a farm operation in its first or
second year of agricultural production, or, in the case of a  commercial

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                      [ ] is old law to be omitted.
                                                           LBD16288-01-0

S. 8464                             2

horse  boarding operation in its first or second year of operation, that
consists of (1) not less than seven acres used as a single operation for
the production for sale of crops, livestock or livestock products of  an
annual  gross sales value of [ten] FIVE thousand dollars or more; or (2)
less than seven acres used as a single operation for the production  for
sale  of crops, livestock or livestock products of an annual gross sales
value of [fifty] TWENTY-FIVE thousand dollars or more; or (3) land situ-
ated under a  structure  within  which  crops,  livestock  or  livestock
products  are produced, provided that such crops, livestock or livestock
products have an annual gross sales value of  (i)  [ten]  FIVE  thousand
dollars or more, if the farm operation uses seven or more acres in agri-
cultural  production,  or  (ii)  [fifty] TWENTY-FIVE thousand dollars or
more, if the farm operation uses less than seven acres  in  agricultural
production;  or (4) not less than seven acres used as a single operation
to support a commercial  horse  boarding  operation  with  annual  gross
receipts of [ten] FIVE thousand dollars or more.
  k. Land used to support an apiary products operation which is owned by
the  operation  and  consists  of (i) not less than seven acres nor more
than ten acres used as a single operation in the preceding two years for
the production for sale of crops, livestock or livestock products of  an
average gross sales value of [ten] FIVE thousand dollars or more or (ii)
less  than  seven  acres used as a single operation in the preceding two
years for the production for  sale  of  crops,  livestock  or  livestock
products of an average gross sales value of [fifty] TWENTY-FIVE thousand
dollars  or  more. The land used to support an apiary products operation
shall include, but not be limited to, the land under a structure  within
which apiary products are produced, harvested and stored for sale; and a
buffer  area maintained by the operation between the operation and adja-
cent landowners.  Notwithstanding any other provision of  this  subdivi-
sion,  rented  land  associated with an apiary products operation is not
eligible for an agricultural assessment based on this paragraph.
  l. Land that is owned or rented by a farm operation in  its  first  or
second  year  of  agricultural production or in the case of a commercial
equine operation, in  its  first  or  second  year  of  operation,  that
consists  of not less than seven acres and stabling at least ten horses,
regardless of ownership, that receives [ten] FIVE  thousand  dollars  or
more  in  gross  receipts  annually  from  fees  generated  through  the
provision of commercial equine activities including, but not limited  to
riding lessons, trail riding activities or training of horses or through
the  production for sale of crops, livestock, and livestock products, or
through both the provision of such commercial equine activities and such
production. Under no circumstances shall this subdivision  be  construed
to include operations whose primary on site function is horse racing.
  §  2.  This  act shall take effect immediately and shall expire and be
deemed repealed two years after such date.

Co-Sponsors

S8464A (ACTIVE) - Details

See Assembly Version of this Bill:: A10464
Law Section:: Agriculture and Markets Law
Laws Affected:: Amd §305, Ag & Mkts L

S8464A (ACTIVE) - Summary

Relates to land used in agricultural production.

S8464A (ACTIVE) - Sponsor Memo

 
BILL NUMBER: S8464A

SPONSOR: METZGER
 
TITLE OF BILL:

An act to amend the agriculture and markets law, in relation to land
used in agricultural production; and providing for the repeal of such
provisions upon expiration thereof

 
PURPOSE OR GENERAL IDEA OF BILL:

The purpose of this bill is to reduce the sales requirements necessary
for agricultural operations to receive an agricultural assessment

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 - amends subdivision one of section 305 of the agriculture and
markets law to provide for land that has previously qualified for an
agricultural assessment to maintain its qualification even if such land
does not meet the gross sales threshold, if the property owner can
substantiate that the production would have achieved the gross sales

threshold for 20192020 if not for the effects of the state disaster
emergency declared pursuant to Executive Order 202 of 2020.

Section 2 - effective date.

 
JUSTIFICATION:

Currently, statute provides for reduced property tax bills for land in
agricultural production by limiting the property tax assessment of such
land to its prescribed agricultural assessment value. To be eligible,
generally, an agricultural enterprise must average at least $10,000 in
gross sales of agricultural products over the preceding two years if it
has more than seven acres of land and at least $50,000 in sales if it
has fewer than seven acres. This bill reduces the sales requirements by
half for the next two years.

Due to the ongoing COVID-19 crisis, farmers have seen their sales plum-
met. In some cases, they have had to throw away their product because
there was not a market for it. This bill would ensure that farmers do
not lose their agricultural property tax exemption.

 
PRIOR LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

None to state

 
EFFECTIVE DATE:
This act shall take effect immediately and shall expire and be deemed
repealed two years after such date.

S8464A (ACTIVE) - Bill Text download pdf


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

                                 8464--A

                            I N  S E N A T E

                              June 3, 2020
                               ___________

Introduced  by  Sen. METZGER -- read twice and ordered printed, and when
  printed to be committed to the Committee on Agriculture  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

AN  ACT  to  amend  the agriculture and markets law, in relation to land
  used in agricultural production; 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.   Subdivision 1 of  section  305  of  the  agriculture  and
markets law is amended by adding a new paragraph f to read as follows:
  F.  NOTWITHSTANDING  ANY  OTHER  PROVISION OF LAW TO THE CONTRARY, THE
OWNER OF REAL PROPERTY WHICH QUALIFIED FOR AN AGRICULTURAL ASSESSMENT ON
THE TWO THOUSAND TWENTY -- TWO THOUSAND TWENTY-ONE ASSESSMENT  ROLL  AND
IS  NOT PRODUCING AN AVERAGE ANNUAL GROSS SALES VALUE OF AT LEAST EITHER
TEN THOUSAND DOLLARS OR MORE OR FIFTY THOUSAND DOLLARS OR MORE, AS  SUCH
VALUE WOULD NORMALLY BE DETERMINED PURSUANT TO SECTION THREE HUNDRED ONE
OF  THIS ARTICLE MAY NEVERTHELESS QUALIFY FOR AN AGRICULTURAL ASSESSMENT
ON THE TWO THOUSAND TWENTY-ONE --  TWO  THOUSAND  TWENTY-TWO  ASSESSMENT
ROLL  PROVIDED  THE  OWNER SHALL SUBSTANTIATE IN SUCH MANNER, INCLUDING,
BUT NOT LIMITED TO, ANALYSIS BY AN ENTITY WITH RECOGNIZED  EXPERTISE  IN
FARM  PRODUCTION  AND  FINANCES, SUCH AS COOPERATIVE EXTENSION OR A FARM
CREDIT INSTITUTION OR FEDERAL FARM AGENCY, AS PRESCRIBED BY THE  COMMIS-
SIONER  OF  TAXATION AND FINANCE THAT THE AGRICULTURAL PRODUCTION INITI-
ATED ON SUCH LAND WOULD HAVE PRODUCED  AN  AVERAGE  ANNUAL  GROSS  SALES
VALUE  OF TEN THOUSAND DOLLARS OR MORE OR FIFTY THOUSAND DOLLARS OR MORE
OVER THE TIME PERIOD BEGINNING ON JANUARY FIRST, TWO  THOUSAND  NINETEEN
AND  ENDING  ON  DECEMBER  THIRTY-FIRST, TWO THOUSAND TWENTY BUT FOR THE
EFFECTS OF THE STATE DISASTER EMERGENCY DECLARED PURSUANT  TO  EXECUTIVE
ORDER NUMBER TWO HUNDRED TWO OF TWO THOUSAND TWENTY.
  §  2.  This  act shall take effect immediately and shall expire and be
deemed repealed January 1, 2022.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD16288-07-0

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The New York State Senate

senate Bill S8464A

Sponsored By

Archive: Last Bill Status Via A10464 - Signed by Governor

Your Voice

Actions

Votes

Jul 22, 2020 - floor Vote

Floor Vote: Jul 22, 2020

Jul 21, 2020 - Finance committee Vote

Finance Committee Vote: Jul 21, 2020

Jul 21, 2020 - Rules committee Vote

Rules Committee Vote: Jul 21, 2020

Jul 20, 2020 - Agriculture committee Vote

Agriculture Committee Vote: Jul 20, 2020

Bill Amendments

S8464 - Details

S8464 - Summary

S8464 - Sponsor Memo

S8464 - Bill Text download pdf

Co-Sponsors

S8464A (ACTIVE) - Details

S8464A (ACTIVE) - Summary

S8464A (ACTIVE) - Sponsor Memo

S8464A (ACTIVE) - Bill Text download pdf

Comments

senate Bill S8464A

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Sponsored By

Jen Metzger

Archive: Last Bill Status Via A10464 - Signed by Governor

Your Voice

Actions

Votes

Jul 22, 2020 - floor Vote

Floor Vote: Jul 22, 2020

Jul 21, 2020 - Finance committee Vote

Finance Committee Vote: Jul 21, 2020

Jul 21, 2020 - Rules committee Vote

Rules Committee Vote: Jul 21, 2020

Jul 20, 2020 - Agriculture committee Vote

Agriculture Committee Vote: Jul 20, 2020

Bill Amendments

S8464 - Details

S8464 - Summary

S8464 - Sponsor Memo

S8464 - Bill Text download pdf

Co-Sponsors

Rachel May

S8464A (ACTIVE) - Details

S8464A (ACTIVE) - Summary

S8464A (ACTIVE) - Sponsor Memo

S8464A (ACTIVE) - Bill Text download pdf

Comments