A06251 Summary:

BILL NOA06251
 
SAME ASSAME AS S05483
 
SPONSORSkoufis
 
COSPNSRZebrowski
 
MLTSPNSR
 
Add SS425-b & 1306-b, RPT L
 
Relates to creating school tax relief for property within a school district where a power plant has been removed.
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A06251 Actions:

BILL NOA06251
 
03/18/2015referred to real property taxation
01/06/2016referred to real property taxation
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A06251 Committee Votes:

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A06251 Floor Votes:

There are no votes for this bill in this legislative session.
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A06251 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          6251
 
                               2015-2016 Regular Sessions
 
                   IN ASSEMBLY
 
                                     March 18, 2015
                                       ___________
 
        Introduced  by M. of A. SKOUFIS -- read once and referred to the Commit-
          tee on Real Property Taxation
 
        AN ACT to amend the real property  tax  law,  in  relation  to  creating
          school  tax relief for property within a school district where a power
          plant  has  been  removed;  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:
 
     1    Section 1. The real property tax  law  is  amended  by  adding  a  new
     2  section 425-b to read as follows:
     3    § 425-b. Additional school tax relief (STAR) exemption. 1.  Generally.
     4  In addition to the exemptions provided for in section four hundred twen-
     5  ty-five of this title, real property which satisfies the requirements of
     6  this  section  shall  be  exempt  from  taxation  for school purposes as
     7  provided herein.
     8    2. Exempt amount. The exempt amount for each property shall be  twenty
     9  thousand dollars of its assessed value.
    10    3.  Eligibility requirement. To qualify for exemption pursuant to this
    11  section, the property must be within a school  district  where  a  power
    12  plant  has  been  physically  removed between two thousand eight and the
    13  effective date of this section.
    14    4. Procedure. All property located within the school district which is
    15  eligible under subdivision three of  this  section  shall  automatically
    16  receive such exemption.
    17    5. Effect of exemption. The exemption authorized by this section shall
    18  have the effect specified in section one thousand three hundred six-b of
    19  this  chapter.  The  exemption  shall not be considered when determining
    20  state aid to education pursuant to section thirty-six hundred two of the
    21  education law, when determining school district debt limits pursuant  to
    22  law,  when  determining the amount of taxes to be levied by or on behalf
    23  of a school district, when calculating tax rates for a school  district,
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09784-03-5

        A. 6251                             2
 
     1  when  apportioning  taxes between or among school districts, when appor-
     2  tioning taxes among classes in a special assessing  unit  under  article
     3  eighteen  of this chapter, or when apportioning taxes between classes in
     4  an approved assessing unit under article nineteen of this chapter.
     5    6.  Duration  of  exemption. In the case of property which is eligible
     6  for the exemption described in this section, once granted, shall  remain
     7  in  effect  until  a  new power plant or energy providing plant has been
     8  re-established within the district.
     9    7. Discontinuance of exemption. The  assessor  shall  discontinue  any
    10  exemption  granted  pursuant  to  this  section if it appears that a new
    11  power plant or energy providing plant has been reestablished within  the
    12  district.
    13    §  2.  The  real  property  tax law is amended by adding a new section
    14  1306-b to read as follows:
    15    § 1306-b.  Effect of additional school  tax  relief  (STAR)  exemption
    16  upon  school  district taxes; state aid. 1. Levy of taxes; determination
    17  of taxes due.  The amount of taxes to be  levied  for  any  school  year
    18  shall  be  determined  without regard to the fact that state aid will be
    19  payable pursuant to this section. In addition,  the  tax  rate  for  any
    20  school  year shall be determined as if no parcels were exempt from taxa-
    21  tion pursuant to section four hundred  twenty-five-b  of  this  chapter.
    22  However,  the  tax  rate  so  determined shall be applied to the taxable
    23  assessed value of  each  parcel  after  accounting  for  all  applicable
    24  exemptions,  including  the exemption authorized by section four hundred
    25  twenty-five-b of this chapter.
    26    2. Tax savings. (a)(i) The tax savings for each parcel  receiving  the
    27  exemption authorized by section four hundred twenty-five-b of this chap-
    28  ter  shall be computed by subtracting the amount actually levied against
    29  the parcel from the amount that would have been levied if  not  for  the
    30  exemption.  It shall be the responsibility of the commissioner to calcu-
    31  late tax savings limitations for purposes of this subdivision.
    32    (ii) Where a school tax rate was changed in the  midst  of  the  prior
    33  school  year,  an  annualized  school  tax  rate  shall be used for this
    34  purpose. The annualized tax rate for this purpose shall be determined by
    35  calculating the average of the tax rates  in  effect  at  various  times
    36  during  the school year, weighted according to the length of time during
    37  which they were respectively applicable.
    38    (b) A statement shall then be placed on the tax bill for the parcel in
    39  substantially the following form: "Your tax savings this year  resulting
    40  from  the  New  York  state  additional school tax relief (STAR) program
    41  pursuant to section 425-b of the real property tax law is $     ."
    42    3. State aid. (a) The total tax savings duly provided by  each  school
    43  district  pursuant  to this section shall be a state charge, which shall
    44  be payable as provided herein.
    45    (b) A school district seeking state aid pursuant to this section shall
    46  submit an application therefor  to  the  commissioner.  The  application
    47  shall include such information as the commissioner shall require.
    48    (c)  Upon  approving  an  application  for  state aid pursuant to this
    49  section, the commissioner shall compute and certify to the  commissioner
    50  of  education the amounts payable to the school district. Such state aid
    51  shall be payable upon the audit and warrant  of  the  state  comptroller
    52  from  vouchers  certified and approved by the commissioner of education,
    53  as provided by section thirty-six hundred nine-e of the  education  law,
    54  as applicable.
    55    (d)  The  commissioner may audit an application for state aid pursuant
    56  to this section within one year after authorizing  payment  thereon.  If

        A. 6251                             3
 
     1  the  commissioner  should discover that a school district has received a
     2  greater or lesser amount of such aid than it should have  received,  the
     3  commissioner  shall  so  notify the school district, and shall cause the
     4  next  payment  of such aid to the school district to be adjusted accord-
     5  ingly.
     6    (e) When an improperly granted  exemption  has  been  revoked  in  the
     7  manner  provided  by section four hundred twenty-five-b of this chapter,
     8  the aid payable to the school district pursuant to this section shall be
     9  reduced  by  the  amount  of  the  taxes  attributable  to  the  revoked
    10  exemption.
    11    4. Installment payments. When school taxes are payable in installments
    12  pursuant  to  law,  the  tax  savings  provided by this section shall be
    13  applied proportionally against the respective installments.
    14    5. Untimely payment of taxes.(a) When taxes on  a  property  receiving
    15  the  exemption  authorized by section four hundred twenty-five-b of this
    16  chapter are not paid in a timely manner,  interest,  penalties  and  any
    17  other  applicable  charges shall be imposed only against the balance due
    18  after the tax savings provided by this section have been  deducted  from
    19  the taxes owed.
    20    (b)  When  a  county,  city  or  town  is required by section thirteen
    21  hundred thirty or thirteen hundred thirty-two of this chapter, or by any
    22  other general or special law, to make a payment to a school district  on
    23  account of unpaid school taxes, the tax savings provided by this section
    24  shall be deducted from the amount so payable.
    25    6.  Inconsistent laws superseded. The provisions of this section shall
    26  apply to all school districts, notwithstanding any provision of  law  to
    27  the contrary.
    28    §  3.  This  act shall take effect immediately and shall expire and be
    29  deemed repealed 10 years after such date.
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