Provides that county assessors are to classify all property on assessment rolls into three classes (two of residential and one of all other) and municipal corporations may enact local laws providing for the establishment of different tax rates for each classification of property as part of a cooperative real property tax administration system would apply to Westchester county upon its enactment of a local law therefor; provides for a county-wide revaluation at full-value, but assessment to be done by each assessing unit; establishes a five-year valuation cycle for fairness and timeliness.
STATE OF NEW YORK
________________________________________________________________________
4558
2009-2010 Regular Sessions
IN SENATE
April 24, 2009
___________
Introduced by Sen. OPPENHEIMER -- read twice and ordered printed, and
when printed to be committed to the Committee on Local Government
AN ACT to amend the real property tax law, in relation to a cooperative
real property tax administration system
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 arti-
2 cle 17 to read as follows:
3 ARTICLE 17
4 COOPERATIVE REAL PROPERTY TAX ADMINISTRATION SYSTEM
5 Title 1. Implementation of article.
6 2. Assessment administration.
7 3. Allocation of taxes among classes of real property.
8 4. Miscellaneous provisions.
9 TITLE 1
10 IMPLEMENTATION OF ARTICLE
11 Section 1710. Definitions.
12 1711. Adoption of article.
13 1712. Applicability; scope of article.
14 1713. County revaluation commission.
15 § 1710. Definitions. As used in this article:
16 1. "Class" or "class of real property" means any of the classes
17 defined in subdivision one of section seventeen hundred thirty of this
18 article.
19 2. "Segment" means the part of a split tax district that is located
20 (a) within a county which has adopted the provisions of this article or
21 (b) within a city or town outside of such county.
22 3. "Split tax district" means a school district or a village located
23 partly within and partly without a county which has adopted the
24 provisions of this article.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD08253-01-9
S. 4558 2
1 4. "Tax" means a charge imposed upon real property by or on behalf of
2 a county, city, town, village, or school district for municipal or
3 school district purposes, including a special ad valorem levy imposed on
4 behalf of any other special district, but does not include a special
5 assessment.
6 § 1711. Adoption of article. 1. The county legislature of any county
7 which has a county tax commission with members who serve five year over-
8 lapping terms and have powers and duties with respect to real property
9 taxation may adopt a local law, without referendum, to provide that the
10 real property tax within the cities, towns, and villages therein shall
11 be administered in accordance with the provisions of this article. A
12 copy of such local law shall be filed with the chief executive officer
13 of each assessing unit therein and with the state board within thirty
14 days of the adoption thereof.
15 2. Each assessing unit within such county shall adopt an assessment
16 roll with full value assessments thereon. These full value assessments
17 shall be entered on the first final assessment roll to be completed on
18 or after August first of the third calendar year following the adoption
19 of a local law pursuant to subdivision one of this section. Valuation
20 data is to be provided to each assessing unit by the county as part of
21 the county-wide revaluation program to enable each assessing unit within
22 the county to timely adopt a full value assessment roll as required
23 herein.
24 3. Each assessing unit within the county shall conduct an update of
25 assessments every five years pursuant to the provisions of section
26 seventeen hundred twenty of this article. Valuation data is to be shared
27 with the county and with other assessing units within the county.
28 § 1712. Applicability; scope of article. 1. The provisions of this
29 article shall apply to a county which enacts a local law pursuant to
30 section seventeen hundred eleven of this title and to each municipal
31 corporation which is wholly contained therein.
32 2. Notwithstanding the provisions of article twenty of this chapter,
33 to the extent that any provision of this article may conflict with
34 another provision of this chapter or any other law pertaining to real
35 property tax administration, the provisions of this article shall
36 control.
37 3. The provisions of article nineteen of this chapter are not applica-
38 ble to a county which has adopted a local law pursuant to section seven-
39 teen hundred eleven of this title and each municipal corporation which
40 is wholly contained therein.
41 § 1713. County revaluation commission. 1. Establishment. The local law
42 adopted pursuant to section seventeen hundred eleven of this title shall
43 include provisions establishing a county revaluation commission, which
44 shall oversee a county-wide revaluation to be completed at the expense
45 of the county.
46 2. Membership. (a) The county revaluation commission shall consist of
47 at least five members, appointed by either the county executive, subject
48 to the confirmation of the county governing body, or the county govern-
49 ing body, if the county has not elected a county executive. There may be
50 as many members of the commission as there are assessing units within
51 the county plus five; provided, however, that each assessing unit need
52 not be represented on the commission, nor need assessing units be
53 represented in equal number, if the local law does not so provide. The
54 commission shall meet at least once in each calendar month until a coun-
55 ty-wide revaluation is completed.
S. 4558 3
1 (b) No member of the commission shall be an employee or elected offi-
2 cial of the county.
3 (c) Each member of the commission shall take an oath of office prior
4 to service as a member.
5 (d) The appointing authority shall designate one of the members of the
6 commission to serve as chairperson. The commission shall choose from
7 among its members all such other officers whom the commission deems
8 necessary, including a secretary to provide for public notice of the
9 time and place of each meeting and to keep full and accurate records of
10 each meeting.
11 3. Powers and duties. (a) The county revaluation commission shall have
12 full authority to take all necessary steps for implementation of the
13 county-wide revaluation; provided, however, that the commission shall
14 have no authority to review the valuation or exempt status of any indi-
15 vidual parcel as established by an assessor or board of assessment
16 review in the county.
17 (b) The commission may appoint a staff or contract for technical
18 services to perform such duties as are necessary to enable members to
19 properly and efficiently carry out the provisions of this article,
20 subject to budgetary appropriations. Nothing in this subdivision shall
21 be construed to prevent a county from assigning existing county person-
22 nel to assist the commission in lieu of additional budgetary appropri-
23 ations.
24 4. Cessation. The county revaluation commission shall cease to exist
25 upon completion of the county-wide revaluation.
26 TITLE 2
27 ASSESSMENT ADMINISTRATION
28 Section 1720. Standard of assessment; valuation date.
29 1721. Taxable status date.
30 1722. Review of assessments.
31 1723. State equalization rates.
32 1724. Apportionment of taxes.
33 1725. Review of compliance by county.
34 1726. Condominium assessments.
35 § 1720. Standard of assessment; valuation date. 1. All real property
36 subject to taxation in each assessing unit to which this article applies
37 shall be assessed at its full value as of the first day of January of
38 the year preceding the year in which the initial revaluation is imple-
39 mented and as of the first day of January in every fifth year thereaft-
40 er. The valuation date shall be imprinted or otherwise indicated at the
41 top of each page of each volume of such roll.
42 2. At any time within the five year cycle, an assessor may adjust the
43 assessment of any parcel if the value of the parcel has been substan-
44 tially affected by a change in physical condition, by a change in feder-
45 al, state, or local land use regulation, or by extraordinary physical
46 changes in the area in which the property is located. The adjusted
47 assessment shall be computed as if the change had existed as of the
48 valuation date of the assessing unit.
49 § 1721. Taxable status date. The taxable status of real property in
50 each assessing unit to which this article applies shall be determined
51 annually according to its condition and ownership as of the first day of
52 March, and the valuation thereof shall be determined as of the preceding
53 January first, as provided in section seventeen hundred twenty of this
54 title. The date of taxable status of real property contained on any
55 assessment roll shall be imprinted or otherwise indicated at the top of
56 each page of each volume of such roll.
S. 4558 4
1 § 1722. Review of assessments. 1. Administrative review of assessments
2 shall be available in accordance with the provisions of title one-A of
3 article five of this chapter, subject to the provisions of subdivision
4 three of this section.
5 2. Judicial review of assessments shall be available in accordance
6 with the provisions of titles one and one-A of article seven of this
7 chapter, subject to the provisions of subdivision three of this section.
8 3. An assessment may be challenged on the grounds of inequality only
9 if (a) the county has determined, pursuant to section seventeen hundred
10 twenty-five of this title, that the assessing unit is not in compliance
11 with the requirements of section seventeen hundred twenty of this title,
12 and such determination, if timely challenged by the assessing unit, is
13 upheld on appeal, as provided for in section seventeen hundred twenty-
14 five of this title, or (b) the complainant demonstrates by clear and
15 compelling evidence that the assessing unit is not in compliance with
16 the requirements of such section. For purposes of this provision, the
17 term "clear and compelling evidence" shall include a stratified random
18 sample complying with the requirements of subdivision three of section
19 seven hundred twenty of this chapter, but shall not include the state
20 equalization rate or the residential assessment ratio.
21 § 1723. State equalization rates. State equalization rates for assess-
22 ing units in a county which is subject to the provisions of this article
23 shall be determined in the manner set forth in article twelve of this
24 chapter, subject to the following:
25 1. Market value surveys. The state board shall conduct each market
26 value survey within the county by sampling the ratio of assessments to
27 market values for each major type of taxable real property in the coun-
28 ty.
29 2. Identical equalization rates. The state board shall establish iden-
30 tical equalization rates for all of the assessing units in the county.
31 3. Administrative review. (a) If an assessing unit in the county files
32 a complaint with the state board against a tentative equalization rate,
33 it shall simultaneously, in addition to any other requirement, serve a
34 copy of its complaint upon all the other assessing units in the county.
35 (b) If an assessing unit should wish to support, object to, or express
36 an opinion on a complaint filed by another assessing unit in the county,
37 it shall have the right to file written statements with the state board
38 on or before the date on which the complaint is scheduled to be heard.
39 Simultaneously, a copy of any such statements shall be served upon all
40 the other assessing units in the county.
41 (c) Any change made to the tentative equalization rate as a result of
42 administrative review shall apply to all of the assessing units in the
43 county.
44 4. Judicial review. If an assessing unit in the county petitions for
45 judicial review of a final equalization rate, a copy of its petition
46 shall simultaneously be served upon the other assessing units in the
47 county. Any change made to the final equalization rate as a result of
48 such judicial review shall apply to all of the assessing units in the
49 county.
50 § 1724. Apportionment of taxes. 1. When a municipal corporation is
51 wholly contained within two or more assessing units to which this arti-
52 cle is applicable, the taxes of the municipal corporation shall be
53 apportioned between or among such assessing units as follows:
54 (a) If the municipal corporation has not adopted classified tax rates
55 pursuant to title three of this article, taxes shall be levied directly
56 upon the taxable assessed valuations appearing on the assessment rolls,
S. 4558 5
1 subject to the provisions of subdivision three of section seventeen
2 hundred twenty-five of this title.
3 (b) If the municipal corporation has adopted classified tax rates
4 pursuant to title three of this article, taxes shall be allocated in the
5 manner provided therein, subject to the provisions of subdivision three
6 of section seventeen hundred twenty-five of this title.
7 2. When a split tax district has not established classified tax rates
8 pursuant to section seventeen hundred thirty-three of this article, the
9 taxes of the split tax district shall be apportioned as follows:
10 (a) The assessing units in the county to which this article applies
11 shall be treated collectively as if they were a single unit, and taxes
12 shall be apportioned between or among that single unit and all other
13 assessing units in the manner otherwise provided by law.
14 (b) Within the county to which this article applies, taxes shall be
15 levied directly upon the taxable assessed valuations appearing on the
16 assessment rolls, subject to the provisions of subdivision three of
17 section seventeen hundred twenty-five of this title.
18 § 1725. Review of compliance by county. 1. Scope of review. Within
19 thirty days after the filing of a final assessment roll by any assessing
20 unit, the county shall review such roll to determine whether the assess-
21 ing unit is in compliance with the requirements of section seventeen
22 hundred twenty of this title. In conducting such review, the county
23 shall consider the overall level of assessment, the uniformity of
24 assessments, and the amount of time that has passed since the last
25 revaluation or update.
26 2. Compliance. When the county determines that the assessing unit is
27 in compliance with the requirements of section seventeen hundred twenty
28 of this title, a percentage of one hundred percent shall be used for the
29 equalization of assessments of special franchise property, assessments
30 of taxable state land, railroad ceilings, and any other assessment,
31 ceiling, exemption, or value for which any statute would otherwise
32 require application of a state equalization rate or special equalization
33 rate.
34 3. Non-compliance. (a) When the county determines that an assessing
35 unit is not in compliance with the requirements of section seventeen
36 hundred twenty of this title, the county, after consulting with such
37 assessing unit, may request the public official having custody of that
38 assessment roll or any tax levying body to take any actions that are
39 necessary to provide for an equitable apportionment of taxes levied
40 against the assessments appearing on that assessment roll and may
41 request that the assessor and the assessing unit take any steps neces-
42 sary to assure that the next assessment roll prepared is in compliance
43 with the requirements of section seventeen hundred twenty of this title.
44 If such actions cannot be taken prior to the extension of taxes for that
45 fiscal year, the tax levying body may cause the levy for the ensuing
46 fiscal year to be adjusted to account for the improper apportionments,
47 upon notice to the state board.
48 (b) In the event that the assessing unit does not agree with the coun-
49 ty's determination or recommended course of action, such assessing unit
50 may request further review of the matter by the municipal compliance
51 appeals panel authorized pursuant to subdivision four of this section.
52 4. Municipal compliance appeals panel. (a) The municipal compliance
53 appeals panel shall adjudicate disputes between the county and an
54 assessing unit within the county regarding compliance with the require-
55 ments of section seventeen hundred twenty of this title.
S. 4558 6
1 (b) The municipal compliance appeals panel shall be composed of five
2 members, each being a resident of a different assessing unit within the
3 county. Such members shall be appointed by either the county executive,
4 subject to the confirmation of the county governing body, or the county
5 governing body, if the county has not elected a county executive. Each
6 of the members shall be appointed on the written recommendation of the
7 chief executive officer of the assessing unit being represented.
8 Provision shall also be made for the appointment, in the manner provided
9 in this paragraph, of one alternate member to serve in the event of the
10 recusal or absence of a regular member of the compliance appeals panel.
11 (c) Each member shall serve a three year term and shall continue to
12 hold office until his or her successor is appointed and duly qualified.
13 A member chosen to fill a vacancy created otherwise than by expiration
14 of a term shall be appointed for the unexpired term of the member whom
15 he or she is to succeed. An assessing unit shall not be represented on
16 the panel for more than one term until such time as all other assessing
17 units have been represented on such panel.
18 (d) No member of the panel shall be an employee or an elected official
19 of the county. Each member of the panel shall take an oath of office
20 prior to service as a member. The appointing authority shall designate
21 one of the members of the panel to serve as chairperson. The panel shall
22 have the power and duty to adopt and amend suitable procedural rules
23 with respect to the functioning of the panel and the setting of time
24 limits for the hearing of appeals, the rendering of decisions, and the
25 filing of decisions of the panel with the clerk of the county and the
26 clerk of all municipalities within the county.
27 5. Appeal to state board. Any municipal corporation adversely affected
28 by any action, or lack of action, by the county pursuant to this section
29 or any determination by the municipal compliance appeals panel may seek
30 review by the state board in the manner provided by title one of article
31 eight of this chapter. Such review must be commenced by service of a
32 complaint upon the state board and the county within one hundred twenty
33 days of the action at issue. The standard of review by the state board
34 shall be whether the action taken resulted in a fair and equitable
35 apportionment of taxes. The state board may issue an order directing
36 corrective action necessary for the fair and equitable apportionment of
37 taxes. The state board shall provide by rule for the procedures to be
38 followed in the review of county and municipal compliance appeals panel
39 actions pursuant to subdivisions three and four of this section.
40 6. Change in level of assessment factor. The county shall establish
41 the appropriate change in level of assessment factor, as defined in
42 section twelve hundred twenty of this chapter, for each assessing unit,
43 to the extent required for the computation of any exemption from taxa-
44 tion.
45 § 1726. Condominium assessments. Real property owned on a condominium
46 basis and classified within class one pursuant to section seventeen
47 hundred thirty of this article shall be assessed pursuant to the
48 provisions of this section.
49 1. The assessor of an assessing unit in which such real property is
50 located shall compute an assessment which would be placed on such parcel
51 pursuant to the provisions of section five hundred eighty-one of this
52 chapter and section three hundred thirty-nine-y of the real property
53 law, which value shall be known as the restricted assessed valuation.
54 2. The assessor of an assessing unit in which such real property is
55 located shall compute an assessment which would be placed on such parcel
56 without regard to the restrictions found in section five hundred eight-
S. 4558 7
1 y-one of this chapter and section three hundred thirty-nine-y of the
2 real property law, which value shall be known as the unrestricted
3 assessed valuation.
4 3. The assessor of an assessing unit shall enter the unrestricted
5 assessed valuation on the assessment roll of such assessing unit and the
6 restricted assessed valuation in a separate column of the assessment
7 roll of such assessing unit.
8 4. A municipal corporation which establishes class tax rates pursuant
9 to section seventeen hundred thirty-one of this article shall levy such
10 taxes against the unrestricted assessed valuation of such parcels for
11 taxes imposed by or on behalf of such municipal corporation.
12 5. A municipal corporation which does not establish class tax rates
13 pursuant to section seventeen hundred thirty-one of this article shall
14 levy such taxes against the restricted assessed valuation of such
15 parcels for taxes levied by or on behalf of such municipal corporation.
16 TITLE 3
17 ALLOCATION OF TAXES AMONG CLASSES OF REAL PROPERTY
18 Section 1730. Classification of real property.
19 1731. Class tax rates.
20 1732. Homeowner protection.
21 1733. Split tax districts.
22 1734. Correction of erroneous allocations.
23 § 1730. Classification of real property. 1. The assessor of each
24 assessing unit shall classify all real property on each assessment roll
25 as follows:
26 Class one: all one, two, and three family residential real property,
27 including the land assessed therewith, and such dwellings used in part
28 for nonresidential purposes but which are used primarily for residential
29 purposes, except such property held in cooperative form of ownership,
30 and all other residential real property held in condominium form of
31 ownership, and all vacant land parcels which are zoned residential and
32 are not subject to a variance which would permit a non-residential use.
33 Class two: all other residential real property, except hotels and
34 motels and other similar commercial property.
35 Class three: all other real property which is not designated as class
36 one or class two.
37 2. In addition to any other requirements of law or rule of the state
38 board, the assessment roll shall contain a separate column for the entry
39 of the class designation required by this section. The assessor shall
40 enter the appropriate class designation in this column for each parcel
41 listed on the assessment roll.
42 3. The determination of inclusion within a class pursuant to this
43 section shall be subject to administrative and judicial review as
44 provided by law for the review of assessments.
45 § 1731. Class tax rates. 1. A municipal corporation to which this
46 article applies, other than a school district wholly contained within a
47 city or town, may adopt a local law or a resolution, after a public
48 hearing, authorizing the governing body of the municipal corporation to
49 annually establish different tax rates for each class of property,
50 subject to the limitations set forth in this section.
51 2. The class tax rates so established shall be subject to the follow-
52 ing limitations:
53 (a) Class one: The class one tax rate may not be greater than either
54 the class two tax rate or the class three tax rate.
S. 4558 8
1 (b) Class two: The class two tax rate may not be greater than either
2 the class one tax rate multiplied by a factor of 1.25 or the class three
3 tax rate, whichever is lower.
4 (c) Class three: The class three tax rate may not exceed the class one
5 tax rate multiplied by a factor of 1.25; provided that if a "homeowner
6 protection factor" in excess of 1.25 has been determined pursuant to
7 section seventeen hundred thirty-two of this title, the class three tax
8 rate may not exceed the class one tax rate multiplied by the homeowner
9 protection factor.
10 3. When a city or town has adopted class tax rates pursuant to this
11 section, class tax rates shall also be adopted by each school district
12 which is wholly contained within the city or town, in accordance with
13 the inter-class relationships prescribed by the city or town. If no such
14 relationships have been prescribed, the ratio between the class one tax
15 rate and the other class tax rates shall be the same as in the last
16 preceding city or town levy. In no event shall any school district class
17 tax rate exceed the limitations prescribed by subdivision two of this
18 section.
19 4. A municipal corporation which levies taxes on behalf of a special
20 district may establish classified tax rates for the special district in
21 the same manner as provided in this section.
22 5. Where a municipal corporation has adopted classified tax rates
23 pursuant to this section, and a taxpayer is granted a refund, pursuant
24 to article five or article seven of this chapter, of some or all of the
25 taxes paid to such municipal corporation, such refund shall be charged
26 to the class of real property which includes the affected parcel.
27 6. A municipal corporation which has authorized the establishment of
28 classified tax rates pursuant to this section may rescind such authori-
29 zation by local law or resolution adopted prior to the first levy of
30 taxes to which such rescission is to be applicable.
31 § 1732. Homeowner protection. 1. To ensure that the tax burden does
32 not shift to homeowners as a result of the initial revaluation, a local
33 law or resolution adopted pursuant to subdivision one of section seven-
34 teen hundred thirty-one of this title may require a "homeowner
35 protection factor" to be calculated and used to determine the class
36 three tax rate limit.
37 2. If the municipal corporation is an assessing unit or is wholly
38 contained within a single assessing unit, the homeowner protection
39 factor shall equal the class one change in level of assessment factor
40 divided by the class three change in level of assessment factor, as
41 determined by the county based upon the final assessment roll implement-
42 ing the initial revaluation.
43 3. If the municipal corporation is contained within two or more
44 assessing units, the homeowner protection factor for the municipal
45 corporation shall be a weighted average of the homeowner protection
46 factors of the respective assessing units. The weight to be given to
47 each such factor shall equal the taxable assessed value of the part of
48 the municipal corporation within the assessing unit divided by the taxa-
49 ble assessed value of the municipal corporation as a whole, based upon
50 the final assessment roll implementing the initial revaluation.
51 4. If the municipal corporation is a split tax district, the homeowner
52 protection factor shall be determined without regard to the part of the
53 municipal corporation that is located outside the county to which this
54 article is applicable.
55 5. All homeowner protection factors established pursuant to this
56 section shall be rounded to two decimal places.
S. 4558 9
1 § 1733. Split tax districts. 1. Notice of intent. The governing body
2 of a split tax district which intends to establish classified tax rates
3 shall file a notice of intent with each assessor who prepares an assess-
4 ment roll used in whole or in part for the levy of taxes by such tax
5 district. The notice shall be filed with each assessor on or before the
6 taxable status date of the first assessment roll to which the classified
7 tax rates may apply.
8 2. Classification of assessment rolls; assessor certification. Upon
9 receiving notice pursuant to subdivision one of this section, each
10 assessor who prepares an assessment roll used in whole or in part for
11 the levy of taxes by such eligible split tax district shall classify in
12 either class one, class two, or class three each property listed on such
13 roll or on the part thereof applicable to such tax district. Such clas-
14 sification of individual properties shall be subject to administrative
15 and judicial review pursuant to title one-A of article five and title
16 one of article seven of this chapter.
17 3. Adoption of class tax rates. A split tax district which has filed a
18 notice of intent pursuant to subdivision one of this section may author-
19 ize or rescind class tax rates in the manner provided by section seven-
20 teen hundred thirty-one of this title, except that prior notice of any
21 hearing required thereunder shall be provided to the governing body of
22 each city and town in which the split tax district is located.
23 4. Cancellation. A split tax district may cancel a notice of intent
24 without a public hearing. A copy of such cancellation shall be filed
25 with each assessor who prepares an assessment roll used in whole or in
26 part for the levy of the split tax district's taxes, the county director
27 of real property tax services, and the state board. Upon the cancella-
28 tion of a notice of intent, the classification requirements of this
29 section shall cease to be applicable but may be reinstated by the filing
30 of a new notice of intent.
31 § 1734. Correction of erroneous allocations. Upon its own motion, or
32 at the direction of the state board, a governing body which has made a
33 mathematical error in allocating taxes for a tax levy for a fiscal year
34 shall redetermine the amount of taxes that should have been allocated to
35 each class for that levy. If such redetermination cannot be made prior
36 to the extension of taxes for that fiscal year, the governing body shall
37 cause the levy for the ensuing fiscal year to be adjusted to account for
38 the improper apportionment which resulted from the error, upon notice to
39 the state board.
40 TITLE 4
41 MISCELLANEOUS PROVISIONS
42 Section 1740. Transitional exemption.
43 1741. State assistance.
44 1742. Expanded senior citizens exemption.
45 1743. Rules and regulations.
46 1744. Special partial exemption.
47 1745. Judicial or other review.
48 § 1740. Transitional exemption. 1. The effective increase in assessed
49 value of any parcel occurring in the first year of the implementation of
50 this article shall be exempt from taxation for a period of four years,
51 according to the following schedule:
52 Year of exemptionPercentage of exemption
53 180
54 260
55 340
S. 4558 10
1 420
2 2. The assessor of each assessing unit shall determine, for each
3 parcel, the effective increase in assessed value occurring in the first
4 year of the implementation of this article as follows:
5 (a) The assessor shall determine the anticipated change in level of
6 assessment on the basis of the data used to prepare the notices required
7 by section five hundred eleven of this chapter.
8 (b) The total assessed value of each parcel in the year preceding the
9 first year of the implementation of this article shall be multiplied by
10 the anticipated change in level of assessment.
11 (c) If the total assessed value of any parcel in the first year of the
12 implementation of this article exceeds the result determined for the
13 parcel in paragraph (b) of this subdivision, after accounting for any
14 physical and quantity changes, the excess shall be considered the effec-
15 tive increase in assessed value of the parcel, and the parcel shall be
16 exempt from taxation to the extent provided in subdivision one of this
17 section.
18 (d) Upon the filing of the assessor's report, the state board shall
19 determine whether the actual change in level of assessment differs from
20 the anticipated change in level of assessment by more than five percent.
21 If the state board determines that such difference exceeds five percent,
22 it shall so notify the assessor. The assessor shall thereupon recompute
23 the effective increase in assessed value of each parcel using the actual
24 change in level of assessment and shall recompute the exemption to take
25 into account the recalculated effective increase in assessed value. Such
26 recomputation shall be required notwithstanding the fact that the asses-
27 sor receives the certification after the completion, verification, and
28 filing of the final assessment roll. If the assessor does not have
29 custody of the roll when such certification is received, the assessor
30 shall certify the recomputed exemption to the local officers having
31 custody and control of the roll, and such local officers are hereby
32 directed and authorized to enter the recomputed exemption certified by
33 the assessor on the roll.
34 3. For purposes of subdivisions four and five of this section, the
35 term "adjusted taxable assessed value" shall mean the assessed value
36 actually subject to taxation for municipal purposes plus the amount of
37 assessed value partially exempt from taxation pursuant to this section.
38 4. When a municipal corporation, other than a split tax district, is
39 wholly contained within two or more assessing units to which this arti-
40 cle is applicable, the taxes of the municipal corporation shall be
41 apportioned between or among such assessing units as provided in this
42 subdivision during the four year transition period during which the
43 provisions of this section are in force, notwithstanding the provisions
44 of section seventeen hundred twenty-four of this article.
45 (a) If the municipal corporation has not adopted classified tax rates
46 pursuant to title three of this article, taxes shall be apportioned
47 between or among the assessing units on the basis of the adjusted taxa-
48 ble assessed value in each assessing unit.
49 (b) If the municipal corporation has adopted classified tax rates
50 pursuant to title three of this article, taxes shall be allocated in the
51 manner provided in section seventeen hundred thirty-two of this article,
52 subject to the following:
53 (i) The current percentages for each class shall be determined on the
54 basis of the adjusted taxable assessed value, rather than the taxable
S. 4558 11
1 assessed value, of the class and of all real property in the municipal
2 corporation.
3 (ii) The taxes that are to be apportioned to each class shall be
4 further apportioned between or among the assessing units on the basis of
5 the adjusted taxable assessed value of the class in each assessing unit.
6 5. The taxes of a split tax district shall be apportioned as provided
7 in this subdivision during the four year transition period during which
8 the provisions of this section are in force, notwithstanding the
9 provisions of section seventeen hundred twenty-four of this article.
10 (a) If the split tax district has established classified tax rates
11 pursuant to section seventeen hundred thirty-three of this article,
12 taxes shall be allocated in the manner provided in subdivision four of
13 that section, except that the total taxable full valuation of a class in
14 a segment shall be determined by dividing the adjusted taxable assessed
15 value, rather than the total taxable assessed value, of each class of
16 the class in the segment by applicable state equalization rate or
17 special equalization rate.
18 (b) If the split tax district has not established classified tax rates
19 pursuant to section seventeen hundred thirty-three of this article,
20 taxes shall be allocated as follows:
21 (i) The assessing units in the county to which this article applies
22 shall be treated collectively as if they were a single unit, and taxes
23 shall be apportioned between or among that single unit and all other
24 assessing units in the manner otherwise provided by law, except that the
25 adjusted taxable assessed value shall be used to apportion taxes to the
26 assessing units in the county to which this article applies.
27 (ii) Within the county to which this article applies, taxes shall be
28 apportioned between or among the assessing units on the basis of the
29 adjusted taxable assessed value in each assessing unit.
30 § 1741. State assistance. State assistance shall be payable in a one-
31 time payment of up to ten dollars per parcel to a county which imple-
32 ments the provisions of this article. Upon completion of the first
33 assessment roll produced pursuant to this article, the county may apply
34 to the state board for such state assistance. No county which has imple-
35 mented the provisions of this article or any assessing unit located
36 within such a county may qualify for additional state aid pursuant to
37 subdivision three of section fifteen hundred seventy-three of this chap-
38 ter.
39 § 1742. Expanded senior citizens exemption. 1. A municipal corporation
40 which is wholly or partly contained in a county which has adopted the
41 provisions of this article may increase the maximum income eligibility
42 level for purposes of the senior citizens exemption authorized by
43 section four hundred sixty-seven of this chapter in the manner
44 prescribed by this section.
45 2. If the per capita income in such county, as reported in the latest
46 federal decennial census, exceeds the median per capita income of the
47 state as a whole, as reported in such census, the maximum income eligi-
48 bility level established by subdivision three of such section four
49 hundred sixty-seven (referred to in such statute as "M") may be
50 increased proportionately, as follows:
51 (a) Divide the per capita income in such county by the median per
52 capita income of the state as a whole;
53 (b) Multiply "M" by the quotient; and
54 (c) Round the result to the nearest multiple of five hundred dollars.
55 The result shall be deemed to be the "M" applicable in such county.
S. 4558 12
1 3. If the median per capita income in such county, as reported in the
2 latest federal decennial census, does not exceed the median per capita
3 income of the state as a whole, as reported in such census, the maximum
4 income eligibility level established by subdivision three of such
5 section four hundred sixty-seven may not be increased pursuant to this
6 section.
7 § 1743. Rules and regulations. The state board may prescribe such
8 rules and regulations as may be necessary to implement the provisions of
9 this article.
10 § 1744. Special partial exemption. A municipal corporation which is
11 wholly or partly contained in a county which has adopted the provisions
12 of this article pursuant to section seventeen hundred eleven of this
13 article shall allow an exemption on class one, two, and three property,
14 as defined by section seventeen hundred thirty of this article. Such
15 exemption shall be thirty percent of the property's assessed value up to
16 thirty-five thousand dollars. This exemption shall not apply to real
17 property owned on a condominium basis in a municipal corporation where
18 taxes are levied based on a restricted assessed valuation pursuant to
19 section seventeen hundred twenty-six of this article.
20 § 1745. Judicial or other review. 1. Notwithstanding any other
21 provision of law, the assessment of a parcel of property classified
22 subject to the provisions of this article may be reviewed a maximum of
23 two times in accordance with the provisions of title one or one-A of
24 article seven of this chapter within the five year cycle.
25 2. The provisions of sections seven hundred twenty-seven and seven
26 hundred thirty-nine of this chapter shall not apply in a county which is
27 subject to the provisions of this article.
28 § 2. This act shall take effect immediately.
