A01712 Summary:

BILL NO    A01712A

SAME AS    SAME AS S01004-A

SPONSOR    Gunther

COSPNSR    

MLTSPNSR   Stec

Amd SS480 & 480-a, RPT L

Authorizes a procedure whereby the chief executive officer of a municipal
corporation in which there is located privately owned forest lands which are
exempt from real property taxes to make application to the state for
reimbursement for revenues lost as a result of such exemption.
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A01712 Actions:

BILL NO    A01712A

01/09/2013 referred to real property taxation
01/08/2014 referred to real property taxation
01/22/2014 amend and recommit to real property taxation
01/22/2014 print number 1712a
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A01712 Text:

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

                                        1712--A

                              2013-2014 Regular Sessions

                                 I N  A S S E M B L Y

                                      (PREFILED)

                                    January 9, 2013
                                      ___________

       Introduced by M. of A. GUNTHER -- Multi-Sponsored by -- M. of A. STEC --
         read  once  and referred to the Committee on Real Property Taxation --
         recommitted to the Committee on Real Property Taxation  in  accordance
         with  Assembly  Rule  3, sec. 2 -- committee discharged, bill amended,
         ordered reprinted as amended and recommitted to said committee

       AN ACT to amend the real property tax law, in relation to the assessment
         of private forest lands and to provide state assistance  to  municipal
         corporations relating thereto

         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:

    1    Section 1. Section 480 of the real property  tax  law  is  amended  by
    2  adding a new subdivision 10 to read as follows:
    3    10.  (A)  THE  CHIEF  EXECUTIVE  OFFICER OF A MUNICIPAL CORPORATION IN
    4  WHICH THERE ARE PRIVATELY OWNED  FOREST  LANDS  WHICH  ARE  ASSESSED  IN
    5  ACCORDANCE  WITH THE PROVISIONS OF SUBDIVISION THREE OF THIS SECTION MAY
    6  MAKE APPLICATION FOR STATE ASSISTANCE AS PROVIDED IN THIS SUBDIVISION.
    7    (B) APPLICATION FOR STATE  ASSISTANCE  PURSUANT  TO  THIS  SUBDIVISION
    8  SHALL BE MADE ON A FORM PRESCRIBED BY THE COMMISSIONER AND SHALL CONTAIN
    9  SUCH INFORMATION AND DOCUMENTATION AS MAY BE REQUIRED BY THE COMMISSION-
   10  ER  AND  THE COMMISSIONER MAY PROMULGATE RULES AND REGULATIONS NECESSARY
   11  TO THE IMPLEMENTATION OF THIS SUBDIVISION.
   12    (C) UPON RECEIPT OF THE APPLICATION FOR STATE ASSISTANCE, SUCH PRIVATE
   13  FOREST LANDS SHALL BE VALUED BY  THE  COMMISSIONER  AND  THE  CUMULATIVE
   14  VALUE  OF  ALL  SUCH  LANDS  SHALL  BE EQUALIZED BY APPLYING THERETO THE
   15  APPROPRIATE STATE EQUALIZATION RATE OR SPECIAL EQUALIZATION RATE  ESTAB-
   16  LISHED IN ACCORDANCE WITH THE RULES OF THE COMMISSIONER.
   17    (D) IF THE CUMULATIVE VALUE DETERMINED AND EQUALIZED PURSUANT TO PARA-
   18  GRAPH  (C) OF THIS SUBDIVISION EXCEEDS THE TAXABLE ASSESSED VALUATION OF
   19  SUCH PROPERTY ON THE PRECEDING ASSESSMENT ROLL, AS REQUIRED BY  SUBDIVI-
   20  SION  THREE OF THIS SECTION THE COMMISSIONER SHALL COMPUTE THE AMOUNT OF

        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD01128-03-4
       A. 1712--A                          2

    1  STATE ASSISTANCE PAYABLE TO OR FOR THE BENEFIT OF EACH MUNICIPAL  CORPO-
    2  RATION  BY APPLYING TO THE AMOUNT OF THE EXCESS THE APPROPRIATE TAX RATE
    3  OF THE MUNICIPAL CORPORATION AND SUCH AMOUNT SHALL BE PAID ON AUDIT  AND
    4  WARRANT  OF  THE  COMPTROLLER OUT OF MONEYS APPROPRIATED BY THE LEGISLA-
    5  TURE.
    6    S 2. Section 480-a of the real property tax law is amended by adding a
    7  new subdivision 11 to read as follows:
    8    11. (A) THE CHIEF EXECUTIVE OFFICER  OF  A  MUNICIPAL  CORPORATION  IN
    9  WHICH  THERE  ARE  PRIVATELY  OWNED  FOREST  LANDS WHICH ARE ASSESSED IN
   10  ACCORDANCE WITH THE PROVISIONS OF THIS SECTION MAY MAKE APPLICATION  FOR
   11  STATE ASSISTANCE AS PROVIDED IN THIS SUBDIVISION.
   12    (B)  APPLICATION  FOR  STATE  ASSISTANCE  PURSUANT TO THIS SUBDIVISION
   13  SHALL BE MADE ON A FORM PRESCRIBED BY THE COMMISSIONER AND SHALL CONTAIN
   14  SUCH INFORMATION AND DOCUMENTATION AS MAY BE REQUIRED BY THE COMMISSION-
   15  ER AND THE COMMISSIONER MAY PROMULGATE RULES AND  REGULATIONS  NECESSARY
   16  TO THE IMPLEMENTATION OF THIS SUBDIVISION.
   17    (C) UPON RECEIPT OF THE APPLICATION FOR STATE ASSISTANCE, SUCH PRIVATE
   18  FOREST  LANDS  SHALL  BE  VALUED  BY THE COMMISSIONER AND THE CUMULATIVE
   19  VALUE OF ALL SUCH LANDS SHALL  BE  EQUALIZED  BY  APPLYING  THERETO  THE
   20  APPROPRIATE  STATE EQUALIZATION RATE OR SPECIAL EQUALIZATION RATE ESTAB-
   21  LISHED IN ACCORDANCE WITH THE RULES OF THE COMMISSIONER.
   22    (D) IF THE CUMULATIVE VALUE DETERMINED AND EQUALIZED PURSUANT TO PARA-
   23  GRAPH (C) OF THIS SUBDIVISION EXCEEDS THE TAXABLE ASSESSED VALUATION  OF
   24  SUCH  PROPERTY  ON  THE  PRECEDING  ASSESSMENT ROLL, AS REQUIRED BY THIS
   25  SECTION THE COMMISSIONER SHALL COMPUTE THE AMOUNT  OF  STATE  ASSISTANCE
   26  PAYABLE  TO OR FOR THE BENEFIT OF EACH MUNICIPAL CORPORATION BY APPLYING
   27  TO THE AMOUNT OF THE EXCESS THE APPROPRIATE TAX RATE  OF  THE  MUNICIPAL
   28  CORPORATION  AND  SUCH  AMOUNT SHALL BE PAID ON AUDIT AND WARRANT OF THE
   29  COMPTROLLER OUT OF MONEYS APPROPRIATED BY THE LEGISLATURE.
   30    S 3. This act shall take effect immediately and shall apply  to  taxes
   31  levied  upon  assessment  rolls  prepared on the basis of taxable status
   32  dates occurring on or after January 1, 2016.
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