BILL NO A01712
SAME AS SAME AS S01004
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.
S T A T E O F N E W Y O R K
________________________________________________________________________
1712
2013-2014 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 9, 2013
___________
Introduced by M. of A. GUNTHER -- read once and referred to the Commit-
tee on Real Property Taxation
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 STATE BOARD AND THE CUMULATIVE VALUE
14 OF ALL SUCH LANDS SHALL BE EQUALIZED BY APPLYING THERETO THE APPROPRIATE
15 STATE EQUALIZATION RATE OR SPECIAL EQUALIZATION RATE ESTABLISHED IN
16 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 STATE BOARD SHALL COMPUTE THE AMOUNT OF
21 STATE ASSISTANCE PAYABLE TO OR FOR THE BENEFIT OF EACH MUNICIPAL CORPO-
22 RATION BY APPLYING TO THE AMOUNT OF THE EXCESS THE APPROPRIATE TAX RATE
23 OF THE MUNICIPAL CORPORATION AND SUCH AMOUNT SHALL BE PAID ON AUDIT AND
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01128-01-3
A. 1712 2
1 WARRANT OF THE COMPTROLLER OUT OF MONEYS APPROPRIATED BY THE LEGISLA-
2 TURE.
3 S 2. Section 480-a of the real property tax law is amended by adding a
4 new subdivision 11 to read as follows:
5 11. (A) THE CHIEF EXECUTIVE OFFICER OF A MUNICIPAL CORPORATION IN
6 WHICH THERE ARE PRIVATELY OWNED FOREST LANDS WHICH ARE ASSESSED IN
7 ACCORDANCE WITH THE PROVISIONS OF THIS SECTION MAY MAKE APPLICATION FOR
8 STATE ASSISTANCE AS PROVIDED IN THIS SUBDIVISION.
9 (B) APPLICATION FOR STATE ASSISTANCE PURSUANT TO THIS SUBDIVISION
10 SHALL BE MADE ON A FORM PRESCRIBED BY THE COMMISSIONER AND SHALL CONTAIN
11 SUCH INFORMATION AND DOCUMENTATION AS MAY BE REQUIRED BY THE COMMISSION-
12 ER AND THE COMMISSIONER MAY PROMULGATE RULES AND REGULATIONS NECESSARY
13 TO THE IMPLEMENTATION OF THIS SUBDIVISION.
14 (C) UPON RECEIPT OF THE APPLICATION FOR STATE ASSISTANCE, SUCH PRIVATE
15 FOREST LANDS SHALL BE VALUED BY THE STATE BOARD AND THE CUMULATIVE VALUE
16 OF ALL SUCH LANDS SHALL BE EQUALIZED BY APPLYING THERETO THE APPROPRIATE
17 STATE EQUALIZATION RATE OR SPECIAL EQUALIZATION RATE ESTABLISHED IN
18 ACCORDANCE WITH THE RULES OF THE COMMISSIONER.
19 (D) IF THE CUMULATIVE VALUE DETERMINED AND EQUALIZED PURSUANT TO PARA-
20 GRAPH (C) OF THIS SUBDIVISION EXCEEDS THE TAXABLE ASSESSED VALUATION OF
21 SUCH PROPERTY ON THE PRECEDING ASSESSMENT ROLL, AS REQUIRED BY THIS
22 SECTION THE STATE BOARD SHALL COMPUTE THE AMOUNT OF STATE ASSISTANCE
23 PAYABLE TO OR FOR THE BENEFIT OF EACH MUNICIPAL CORPORATION BY APPLYING
24 TO THE AMOUNT OF THE EXCESS THE APPROPRIATE TAX RATE OF THE MUNICIPAL
25 CORPORATION AND SUCH AMOUNT SHALL BE PAID ON AUDIT AND WARRANT OF THE
26 COMPTROLLER OUT OF MONEYS APPROPRIATED BY THE LEGISLATURE.
27 S 3. This act shall take effect immediately and shall apply to taxes
28 levied upon assessment rolls prepared on the basis of taxable status
29 dates occurring on or after January 1, 2015.
