A05366 Summary:

BILL NOA05366
 
SAME ASNo same as
 
SPONSORTedisco (MS)
 
COSPNSR
 
MLTSPNSRButler, Ceretto, Cook, Hawley, Kolb, Miller, Raia
 
Add SS425-b & 425-c, RPT L
 
Establishes both a city state-supported tax relief, CitySTAR, and a county state-supported, CountySTAR, real property tax exemption; provides eligibility criteria therefor and formula for determining amount of exemption.
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A05366 Actions:

BILL NOA05366
 
02/25/2013referred to real property taxation
01/08/2014referred to real property taxation
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A05366 Floor Votes:

There are no votes for this bill in this legislative session.
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A05366 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          5366
 
                               2013-2014 Regular Sessions
 
                   IN ASSEMBLY
 
                                    February 25, 2013
                                       ___________
 
        Introduced by M. of A. TEDISCO -- Multi-Sponsored by -- M. of A. BUTLER,
          CERETTO, COOK, HAWLEY, KOLB, MILLER, RAIA -- read once and referred to
          the Committee on Real Property Taxation
 
        AN ACT to amend the real property tax law, in relation to establishing a
          city state-supported tax relief exemption and a county state-supported
          tax relief exemption
 

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. The real property tax law is  amended  by  adding  two  new
     2  sections 425-b and 425-c to read as follows:
     3    § 425-b. City state-supported tax relief (CitySTAR) exemption. 1. Real
     4  property  situate  in a city and owned by an owner or owners granted the
     5  school tax relief exemption, pursuant to section  four  hundred  twenty-
     6  five  of  this  title, shall also be eligible for a city state-supported
     7  real property tax exemption pursuant to this section for city tax  years
     8  commencing  on  or  after January first, two thousand seventeen, if such
     9  city meets the following criteria:

    10    (a) the city has a population of less than one million, as  determined
    11  by the latest federal decennial census;
    12    (b)  the legislative body of such city approves a resolution providing
    13  for such city tax relief exemption;
    14    (c) (1) increases in total city expenditures during the  current  year
    15  do  not  exceed  the  lesser of (i) one hundred twenty per centum of the
    16  total city expenditures for the base year  multiplied  by  the  consumer
    17  price index, or (ii) four percent.
    18    (2) for the purposes of subparagraph one of this paragraph, total city
    19  expenditures shall not include:
    20    (i) expenditures resulting from tax certiorari proceedings,
    21    (ii) expenditures resulting from court orders or judgments against the

    22  city,
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD07980-01-3

        A. 5366                             2
 
     1    (iii)  emergency  expenditures  which are certified by the state comp-
     2  troller as necessary as a result of damage to or destruction of  a  city
     3  building or equipment,
     4    (iv)  capital  expenditures  for the construction, acquisition, recon-
     5  struction, rehabilitation or improvement of city  facilities,  including
     6  debt service and lease costs,
     7    (v)  expenditures  attributable to projected increases in construction
     8  costs,

     9    (vi) nonrecurring expenditures in a prior city fiscal year, and
    10    (vii) expenditures incurred due to mergers or  service  consolidations
    11  between  the  city  and any other municipality during the fiscal year in
    12  which such merger or consolidation occurs;
    13    (d) the city budget adopted by the city legislative  body  includes  a
    14  statement  of  the projected percentage of increase or decrease in total
    15  spending during the fiscal year, and stating the reasons  for  excluding
    16  any increase in spending in formulation of the city budget; and
    17    (e) notwithstanding any provision of law to the contrary, the legisla-
    18  tive  body  of the city shall not amend a final budget if such amendment
    19  results in an increase in excess of the limitation established in  para-

    20  graph (c) of this subdivision; except
    21    (1)  the  increased  spending  is  the result of an actual increase in
    22  construction costs above the project costs thereof at the time the budg-
    23  et was adopted; however if actual construction costs are less  than  the
    24  project costs, such excess funds shall be used to reduce taxes, and
    25    (2)  the  increased  spending  is paid from gifts or grants in aid not
    26  included in the budget.
    27    2. The tax relief exemption provided by this section shall be equal to
    28  the exemption granted to the owner or owners pursuant  to  section  four
    29  hundred  twenty-five  of  this  title for the two thousand eighteen--two
    30  thousand nineteen school year.

    31    3. Not later than seven days after the adoption of a budget, each city
    32  shall transmit a statement to the state comptroller, describing the  tax
    33  revenue  lost  during  that fiscal year due to the implementation of the
    34  provisions of this section. The  state  comptroller  shall  certify  the
    35  validity of such losses within thirty days of receipt of such statement.
    36  Upon  such  validation  the state comptroller shall provide funds to the
    37  city within thirty days.
    38    4. The state shall appropriate an amount equal to forty-five and  one-
    39  half  percent  of the fund appropriated by the state for the implementa-
    40  tion of the provisions of this section, which shall be  paid  to  cities
    41  having  a  population  of  one  million  or more according to the latest

    42  decennial federal census, and such amount shall be used to reduce income
    43  or real property taxes in such cities at the cities' discretion.
    44    5. For the purposes of this section:
    45    (a) "base year" shall mean the city fiscal year immediately  preceding
    46  the county fiscal year for which the city budget is prepared.
    47    (b)  "consumer  price index" shall mean the percentage that represents
    48  the average of the national consumer price  indexes  determined  by  the
    49  United States department of labor, for the twelve month period preceding
    50  January first of the current year.
    51    (c)  "current  year"  shall  mean  the calendar year in which the city
    52  budget is submitted for a vote by the city's legislative body.

    53    6. The state shall appropriate all funds necessary  to  municipalities
    54  to  administer  the provisions of this section and to implement any law,
    55  regulation, or rule adopted after January first,  two  thousand  sixteen
    56  which would require a municipality to expend any of its available funds.

        A. 5366                             3
 
     1    Notwithstanding  any  inconsistent  provision  of  this  section,  the
     2  provisions of paragraph (c) of subdivision one of this section shall not
     3  apply to any county which does not increase its property tax rate, sales
     4  tax rate, or the rate of any other tax, during its current budget year.
     5    §  425-c. County state-supported tax relief (CountySTAR) exemption. 1.

     6  Real property situate in a county and owned by an owner or owners grant-
     7  ed the school tax relief exemption, pursuant  to  section  four  hundred
     8  twenty-five  of  this  title, and not receiving the tax exemption estab-
     9  lished by section four hundred twenty-five-b of this title shall also be
    10  eligible for a county real  property  tax  exemption  pursuant  to  this
    11  section  for  county tax years commencing on or after January first, two
    12  thousand seventeen, if such county meets the following criteria:
    13    (a) the legislative body of such county approves a resolution  provid-
    14  ing for such tax relief exemption;
    15    (b) (1) increases in total county expenditures during the current year
    16  do  not  exceed  the  lesser of (i) one hundred twenty per centum of the

    17  total county expenditures for the base year multiplied by  the  consumer
    18  price index, or (ii) four percent.
    19    (2)  for  the  purposes  of  subparagraph one of this paragraph, total
    20  county expenditures shall not include:
    21    (i) expenditures resulting from tax certiorari proceedings,
    22    (ii) expenditures resulting from court orders or judgments against the
    23  county,
    24    (iii) emergency expenditures which are certified by  the  state  comp-
    25  troller as necessary as a result of damage to or destruction of a county
    26  building or equipment,
    27    (iv)  capital  expenditures  for the construction, acquisition, recon-
    28  struction, rehabilitation or improvement of county facilities, including
    29  debt service and lease costs,

    30    (v) expenditures attributable to projected increases  in  construction
    31  costs,
    32    (vi) nonrecurring expenditures in a prior county fiscal year, and
    33    (vii)  expenditures  incurred due to mergers or service consolidations
    34  between the county and any other municipality during the fiscal year  in
    35  which such merger or consolidation occurs;
    36    (c)  the county budget adopted by the county legislative body includes
    37  a statement of the projected percentage of increase or decrease in total
    38  spending during the fiscal year, and stating the reasons  for  excluding
    39  any increase in spending in formulation of the county budget; and
    40    (d) notwithstanding any provision of law to the contrary, the legisla-

    41  tive body of the county shall not amend a final budget if such amendment
    42  results  in an increase in excess of the limitation established in para-
    43  graph (b) of this subdivision; except
    44    (1) the increased spending is the result  of  an  actual  increase  in
    45  construction costs above the project costs thereof at the time the budg-
    46  et  was  adopted; however if actual construction costs are less than the
    47  project costs, such excess funds shall be used to reduce taxes, and
    48    (2) the increased spending is paid from gifts or  grants  in  aid  not
    49  included in the budget.
    50    2. The tax relief exemption provided by this section shall be equal to
    51  two-thirds  of  the exemption granted to the owner or owners pursuant to

    52  section four hundred twenty-five of this  title  for  the  two  thousand
    53  eighteen--two  thousand  nineteen  school  year but in no case shall the
    54  value of the exemption be less than one-half of one percent of the  two-
    55  thirds  of  the  exemption  granted  to  the owner or owners pursuant to

        A. 5366                             4
 
     1  section four hundred twenty-five of this  title  for  the  two  thousand
     2  eighteen--two thousand nineteen school year.
     3    3.  Not  later  than  seven  days after the adoption of a budget, each
     4  county shall transmit a statement to the  state  comptroller  describing
     5  the  tax  revenue lost during that fiscal year due to the implementation

     6  of the provisions of this section. The state comptroller  shall  certify
     7  the validity of such losses within thirty days of receipt of such state-
     8  ment.  Upon such validation the state comptroller shall provide funds to
     9  the county within thirty days.
    10    4. For the purposes of this section:
    11    (a) "base year" shall mean the county fiscal year immediately  preced-
    12  ing the county fiscal year for which the county budget is prepared;
    13    (b)  "consumer  price index" shall mean the percentage that represents
    14  the average of the national consumer price  indexes  determined  by  the
    15  United States department of labor, for the twelve month period preceding
    16  January first of the current year; and

    17    (c)  "current  year"  shall mean the calendar year in which the county
    18  budget is submitted for a vote by the county's legislative body.
    19    5. The state shall appropriate all funds necessary  to  municipalities
    20  to  administer  the provisions of this section and to implement any law,
    21  regulation, or rule adopted after January first,  two  thousand  sixteen
    22  which would require a municipality to expend any of its available funds.
    23    Notwithstanding  any  inconsistent  provision  of  this  section,  the
    24  provisions of paragraph (c) of subdivision one of section  four  hundred
    25  twenty-five-b of this title shall not apply to any county which does not
    26  increase its property tax rate, sales tax rate, or the rate of any other

    27  tax, during its current budget year.
    28    §  2. This act shall take effect on the first of January next succeed-
    29  ing the date on which it shall have become a law.
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