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S08151 Summary:

BILL NOS08151
 
SAME ASSAME AS A08605
 
SPONSORMARTINEZ
 
COSPNSR
 
MLTSPNSR
 
Amd §1218, RPT L
 
Authorizes the commissioner of taxation and finance to establish segment special equalization rates starting in fiscal year 2025 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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S08151 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          8151
 
                               2025-2026 Regular Sessions
 
                    IN SENATE
 
                                      May 15, 2025
                                       ___________
 
        Introduced  by Sen. MARTINEZ -- 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 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 2025 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
    22  seventy-eight  of  the  civil practice law and rules upon application of
    23  the county, city, town or village for  which  the  rate  or  rates  were
    24  established.  However,  any taxing jurisdiction contained within a split
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13043-02-5

        S. 8151                             2
 
     1  taxing jurisdiction that crosses county lines may  commence  proceedings
     2  directing  a  revised state equalization rate for any county, village or
     3  school district contained within  the  split  taxing  jurisdiction  that
     4  crosses  county lines. The standard of review in such a proceeding shall
     5  be as specified in subdivision four  of  section  seventy-eight  hundred
     6  three  of  the  civil  practice law and rules. Whenever a final order is
     7  issued in such a proceeding directing a revised state equalization rate,
     8  any county, village or school district that used the former rate in  the
     9  apportionment  of taxes must, upon receipt of such final order, recalcu-
    10  late the levy that used such former rate and credit or debit  as  appro-
    11  priate  its  constituent  municipalities  in its next levy.  Any special
    12  franchise assessments that were established using the former rate  must,
    13  upon  receipt  of  such  final  order,  be revised by the state board in
    14  accordance with the new rate, and, if taxes  have  already  been  levied
    15  upon  such  assessments,  the  affected  special  franchise owners shall
    16  either automatically receive a refund if there is a decrease or be taxed
    17  on an increase in the next levy  in  the  manner  provided  for  omitted
    18  parcels in title three of article five of this chapter.
    19    § 3. This act shall take effect immediately.
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