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A09656 Summary:

BILL NOA09656
 
SAME ASSAME AS S07036
 
SPONSORCashman
 
COSPNSR
 
MLTSPNSR
 
Amd §206, Pub Health L; add §§439 & 985, RPT L
 
Authorizes real property taxing jurisdictions to grant a partial tax exemption for property purchased by a clinician in a clinician shortage area, as determined by the commissioner of health, which will be such clinician's primary residence and they will practice in such shortage area; provides state aid to taxing jurisdictions which grant the exemption to the extent of the tax savings provided to clinicians.
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A09656 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          9656
 
                   IN ASSEMBLY
 
                                    January 21, 2026
                                       ___________
 
        Introduced  by M. of A. CASHMAN -- read once and referred to the Commit-
          tee on Real Property Taxation
 
        AN ACT to amend the public health law and the real property tax law,  in
          relation  to authorizing real property taxing jurisdictions to grant a
          tax exemption for a primary residence purchased by a  clinician  in  a
          clinician  shortage  area;  and to amend the real property tax law, in
          relation to providing state aid to such jurisdictions for the  savings
          granted by such exemption
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1.  Legislative findings and intent.  The  legislature  hereby
     2  finds  that  several  communities  within  the state, particularly those
     3  located within rural areas, lack adequate access to  clinicians.  It  is
     4  well  established  that  ensuring  the sufficient availability of physi-
     5  cians, physician assistants, nurse  practitioners,  and  nurse  midwives
     6  directly benefits the health of state residents, and the legislature has
     7  enacted several measures towards that end.
     8    Furthermore,  the legislature finds that municipalities are often best
     9  situated to evaluate the needs of their communities.  Therefore,  it  is
    10  the intent of the legislature to offer counties, cities, towns, villages
    11  and school districts the option to provide real property tax exemptions,
    12  should  they  determine  that  such an incentive would aid in attracting
    13  clinicians to areas currently underserved by the medical community.
    14    § 2. Section 206 of the public health law is amended by adding  a  new
    15  subdivision 32 to read as follows:
    16    32. (a) The commissioner shall biennially designate and make available
    17  a list of designated clinician shortage areas in the state. A designated
    18  clinician shortage area shall be a county or other sub-county geographic
    19  area  determined by the commissioner to be in short supply of clinicians
    20  in primary care practice and/or one or more  medical  specialities.  The
    21  list  shall indicate for each designated clinician shortage area, if the
    22  area is in short supply of primary care  physicians,  medical  specialty
    23  physicians  and which medical specialty is in short supply in the desig-
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06714-01-5

        A. 9656                             2
 
     1  nated shortage area,  physician  assistants,  nurse  practitioners,  and
     2  nurse midwives.
     3    (b)  In  establishing designated clinician shortage areas, the commis-
     4  sioner, to the extent practicable,  shall  utilize  criteria  consistent
     5  with  the  criteria  utilized  to make awards for the physician practice
     6  support program established pursuant to  paragraph  (e)  of  subdivision
     7  five-a of section twenty-eight hundred seven-m of this chapter.
     8    (c)  For  the  purposes  of  this  subdivision,  "medical specialty or
     9  specialty area" shall mean the branch or branches of special  competence
    10  within  a  physician's  medical  practice  as evidenced by their certif-
    11  ication by a speciality medical board acceptable to the commissioner.
    12    (d) For the purposes of this subdivision,  "clinician"  shall  mean  a
    13  physician, physician assistant, nurse practitioner, or nurse midwife.
    14    §  3. The real property tax law is amended by adding a new section 439
    15  to read as follows:
    16    § 439. Real property tax exemptions in designated  clinician  shortage
    17  area.  1.  A  municipal  corporation  or school district may exempt real
    18  property purchased by a clinician for use solely as their primary  resi-
    19  dence,  to  the  extent  provided in this section, from taxation by such
    20  municipal corporation or school district if the clinician resides in and
    21  has an office located within a clinician shortage area as designated  by
    22  the commissioner of health pursuant to subdivision thirty-two of section
    23  two  hundred  six of the public health law.  After a public hearing, the
    24  governing body of a municipal corporation may adopt a local law, and the
    25  board of a school district, other than  a  school  district  subject  to
    26  article fifty-two of the education law, may adopt a resolution, to grant
    27  the exemption authorized pursuant to this section.
    28    2.  Exemptions  provided  pursuant  to subdivision one of this section
    29  shall only apply to real property purchased on or  after  the  effective
    30  date  of  this  section,  and the subsequent enactment of a local law or
    31  adoption of a resolution to grant such real property tax exemption.
    32    3. Any local law or resolution adopted pursuant to subdivision one  of
    33  this  section  shall  establish  the  duration and percentage of such an
    34  exemption, which shall exceed neither a period of five years  nor  thir-
    35  ty-five  percent  of  the  property's  assessed value. Such local law or
    36  resolution may include other conditions or restrictions,  including  but
    37  not  limited to provisions regarding the maximum value of eligible prop-
    38  erty, at the discretion of the  promulgating  municipal  corporation  or
    39  school district.
    40    4.  A  copy  of such local laws or resolutions shall be filed with the
    41  state board and the assessor for such municipal  corporation  or  school
    42  district  who  prepares the assessment roll upon which the taxes of such
    43  municipal corporation or school district are levied.
    44    § 4. The real property tax law is amended by adding a new section  985
    45  to read as follows:
    46    §  985. Effect of exemption in designated clinician shortage areas. 1.
    47  In a municipal corporation or school district which  elects  to  provide
    48  the  real property tax exemption in a designated clinician shortage area
    49  pursuant to section four hundred thirty-nine of this chapter, the amount
    50  of taxes to be levied for any tax year or school year, as the  case  may
    51  be,  shall  be determined without regard to the fact that state aid will
    52  be payable pursuant to this section. In addition, the tax rate  for  any
    53  such  year shall be determined as if no parcels are exempt from taxation
    54  pursuant to section four hundred thirty-nine of this  chapter.  However,
    55  the  tax  rate  so  determined  shall be applied to the taxable assessed
    56  value of each parcel after accounting  for  all  applicable  exemptions,

        A. 9656                             3

     1  including  the  exemption authorized by section four hundred thirty-nine
     2  of this chapter.
     3    2.  The tax savings for each parcel receiving the exemption authorized
     4  by section four hundred thirty-nine of this chapter shall be computed by
     5  subtracting the amount actually  levied  against  the  parcel  from  the
     6  amount that would have been levied if not for the exemption.
     7    3.  (a) The total tax savings duly provided by a municipal corporation
     8  or school district pursuant to this section shall  be  a  state  charge,
     9  which shall be payable as provided in this subdivision.
    10    (b)  A  municipal  corporation  or  school  district seeking state aid
    11  pursuant to this subdivision shall submit an application therefor to the
    12  commissioner. The application shall  include  such  information  as  the
    13  commissioner shall require.
    14    (c)  Upon  approving  an  application  for  state aid pursuant to this
    15  subdivision, the commissioner shall compute and certify the amount paya-
    16  ble to a municipal corporation or school district. Such state aid  shall
    17  be  payable  upon  the  audit  and warrant of the state comptroller from
    18  vouchers certified and approved by the commissioner.
    19    § 5. This act shall take effect immediately and  shall  apply  to  tax
    20  years  beginning  on  or  after  the first of March next succeeding such
    21  effective date; or in the case of  municipal  taxing  authorities  which
    22  have  a  taxable status date other than March first established by char-
    23  ter, this act shall take effect with  the  first  establishment  of  the
    24  taxable  status of real property in the municipality next succeeding the
    25  effective date of this act.
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