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A08605 Summary:

BILL NOA08605A
 
SAME ASSAME AS S08151-A
 
SPONSORO'Pharrow
 
COSPNSR
 
MLTSPNSR
 
Amd §1218, RPT L
 
Authorizes the commissioner of taxation and finance to establish segment special equalization rates starting in fiscal year 2026 for the Amityville Union Free School District and Farmingdale Union Free School District for the segments of the districts in the towns of Babylon and Oyster Bay.
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A08605 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         8605--A
 
                               2025-2026 Regular Sessions
 
                   IN ASSEMBLY
 
                                      May 22, 2025
                                       ___________
 
        Introduced  by  M.  of  A.  O'PHARROW  --  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  authorizing
          the  commissioner of taxation and finance to establish segment special
          equalization rates for certain school districts
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section 1. Notwithstanding any law, rule or procedure to the contrary,
     2  the commissioner of taxation and finance shall establish segment special
     3  equalization rates starting in fiscal year 2026 for the Amityville Union
     4  Free  School District and Farmingdale Union Free School District for the
     5  segments of the districts in the towns of  Babylon  and  Oyster  Bay.  A
     6  segment  special  equalization rate shall not be established pursuant to
     7  this act if there would not be at least a  two  percent  change  in  the
     8  share  of the levy of at least one segment of the taxing jurisdiction as
     9  the result of the use of the  indicated  special  equalization  rate  in
    10  place  of  the  equalization  rate  which  would  otherwise  be used for
    11  purposes of this apportionment. The segment special  equalization  rates
    12  calculated  pursuant to this act shall be used solely for the apportion-
    13  ment of school taxes.
    14    § 2. Section 1218 of the real property tax law, as amended by  section
    15  18  of  part  W of chapter 56 of the laws of 2010, is amended to read as
    16  follows:
    17    § 1218. Review of final determinations of state board of real property
    18  tax services relating to state equalization rates. A final determination
    19  of the state board of real  property  tax  services  relating  to  state
    20  equalization rates may be reviewed by commencing an action in the appel-
    21  late  division  of  the  supreme court in the manner provided by article
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13043-04-6

        A. 8605--A                          2
 
     1  seventy-eight of the civil practice law and rules  upon  application  of
     2  the  county,  city,  town  or  village  for which the rate or rates were
     3  established. However, any taxing jurisdiction contained within  a  split
     4  taxing  jurisdiction  that crosses county lines may commence proceedings
     5  directing a revised state equalization rate for any county,  village  or
     6  school  district  contained  within  the  split taxing jurisdiction that
     7  crosses county lines. The standard of review in such a proceeding  shall
     8  be  as  specified  in  subdivision four of section seventy-eight hundred
     9  three of the civil practice law and rules. Whenever  a  final  order  is
    10  issued in such a proceeding directing a revised state equalization rate,
    11  any  county, village or school district that used the former rate in the
    12  apportionment of taxes must, upon receipt of such final order,  recalcu-
    13  late  the  levy that used such former rate and credit or debit as appro-
    14  priate its constituent municipalities in its next  levy.    Any  special
    15  franchise  assessments that were established using the former rate must,
    16  upon receipt of such final order, be  revised  by  the  state  board  in
    17  accordance  with  the  new  rate, and, if taxes have already been levied
    18  upon such assessments,  the  affected  special  franchise  owners  shall
    19  either automatically receive a refund if there is a decrease or be taxed
    20  on  an  increase  in  the  next  levy in the manner provided for omitted
    21  parcels in title three of article five of this chapter.
    22    § 3. This act shall take effect immediately.
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