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S09188 Summary:

BILL NOS09188
 
SAME ASNo Same As
 
SPONSORMURRAY
 
COSPNSR
 
MLTSPNSR
 
Add §1527-b, amd §§2022 & 3602, Ed L; add §§431, 431-a & 906-a, amd §1573, RPT L; add §26, Gen Muni L; add §99-uu, St Fin L
 
Relates to school property and real property taxes; establishes the blue ribbon commission on property tax reform; relates to state assistance for local real property reassessment, state assistance to assessing units within a school district, providing a fixed real property assessed value for residential real property owned by certain persons over the age of 65 and providing state reimbursement to municipalities for lost real property tax revenue; requires the state to fund certain programs mandated for municipal corporations or school districts.
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S09188 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          9188
 
                    IN SENATE
 
                                    February 12, 2026
                                       ___________
 
        Introduced  by  Sen.  MURRAY -- read twice and ordered printed, and when
          printed to be committed to the Committee on Education
 
        AN ACT to amend the education law, the real property tax law, the gener-
          al municipal law and the state finance  law,  in  relation  to  school
          property and real property taxes
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. The education law is amended by adding a new section 1527-b
     2  to read as follows:
     3    § 1527-b. Funding of mandates imposed on school districts. 1.    Defi-
     4  nitions.  As  used  in  this section, the following terms shall have the
     5  following meanings unless the context shall otherwise require:
     6    (a) "Mandate" means:
     7    (i) any state law, rule, or regulation which creates a new program  or
     8  requires  a  higher  level  of  service  for an existing program which a
     9  school district organized either by special  laws  or  pursuant  to  the
    10  provisions of a general law, is required to provide; or
    11    (ii)  any  general  law  which  grants a new property tax exemption or
    12  increases an existing property  tax  exemption  which  any  such  school
    13  district is required to provide.
    14    (b) "Unfunded mandate" shall mean:
    15    (i)  any state law, rule, or regulation which creates a new program or
    16  requires a higher level of service for an  existing  program  which  any
    17  such  school  district is required to provide and which results in a net
    18  additional cost to such school district;
    19    (ii) any alteration in funding provided to any  such  school  district
    20  for the purpose of defraying the costs of a program which it is required
    21  to  provide,  thereby  resulting in a net additional cost to such school
    22  district; or
    23    (iii) any general law which grants a new  property  tax  exemption  or
    24  increases  an  existing  property  tax  exemption  which any such school
    25  district is required to provide, there by resulting in a net  additional
    26  cost to such school district.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05376-03-6

        S. 9188                             2
 
     1    (c)  "Net  additional cost" means the cost or costs incurred or antic-
     2  ipated to be incurred within a one year period by a school  district  in
     3  performing  or  administering  a mandate after subtracting therefrom any
     4  revenues received or receivable by the school district on account of the
     5  mandated program or service, including but not limited to:
     6    (i) fees charged to the recipients of the mandated program or service;
     7    (ii)  state  or  federal  aid  paid  specifically  or categorically in
     8  connection with the program or service; and
     9    (iii) an offsetting savings resulting from the  diminution  or  elimi-
    10  nation  of  any  other  program  or service directly attributable to the
    11  performance or administration of the mandated program.
    12    2. Funding of school  district  mandates.  Notwithstanding  any  other
    13  provision  of law, no unfunded mandate shall be enacted which creates an
    14  annual net additional cost to any school district in excess of ten thou-
    15  sand dollars or an aggregate annual net additional cost  to  all  school
    16  districts in excess of one million dollars.
    17    3.  Exemptions to the funding of school district mandates requirement.
    18  (a) The state shall not be required to fund any new or expanded programs
    19  for school districts if:
    20    (i) The mandate is required by a court order or judgment;
    21    (ii) The mandate is provided at the  option  of  the  school  district
    22  under a law or regulation;
    23    (iii)  The  mandate  results  from  the passage of a home rule message
    24  whereby a school district requests authority to implement the program or
    25  service specified in the statute, and the  statute  imposes  costs  only
    26  upon  that  school  district  which requests the authority to impose the
    27  program or service;
    28    (iv) The mandate is required by, or arises from, an executive order of
    29  the governor exercising their emergency powers;
    30    (v) The mandate is required by statute or executive order that  imple-
    31  ments a federal law or regulation and results from costs mandated by the
    32  federal government to be borne at the local level, unless the statute or
    33  executive  order results in costs which exceed the costs mandated by the
    34  federal government; or
    35    (vi) The mandate applies to a small business with fifty  employees  or
    36  less.
    37    (b)  Each  act establishing a mandate shall provide that the effective
    38  date of any such mandate imposed on school districts shall be consistent
    39  with the needs of the state and school districts to plan  implementation
    40  thereof, and also consistent with the availability of required funds.
    41    §  2.  Section  2022  of  the education law is amended by adding a new
    42  subdivision 8 to read as follows:
    43    8. a. Notwithstanding any other provision of law, rule  or  regulation
    44  to  the  contrary, in a common, union free, central, central high school
    45  district or school district, upon the filing of a petition  pursuant  to
    46  paragraph  b of this subdivision, with the trustees, the board of educa-
    47  tion or the chancellor of a city school district located in a city  with
    48  greater  than one million inhabitants shall submit a proposition for the
    49  purpose of voting on the question "shall the school district enter  into
    50  the  optional  system  of state funding for school district expenses" to
    51  the qualified voters of a school district.  Such vote shall be  held  on
    52  the  third  Tuesday  in  May, provided, however, that such vote shall be
    53  held on the second Tuesday in May if the commissioner at the request  of
    54  a local school board or the chancellor in the city of New York certifies
    55  no  later  than March first that such election would conflict with reli-

        S. 9188                             3
 
     1  gious observances. If a district votes to join the optional system  that
     2  vote is binding and may not be altered by the district or its residents.
     3    b.  Such petition relating to the optional system for state funding of
     4  school district expenses shall be submitted no later than April first of
     5  the school year in which such question described in paragraph a of  this
     6  subdivision  shall  be  considered  by  the voters and must be signed by
     7  twenty-five percent of the number of qualified voters.  Any valid  peti-
     8  tion  containing  a  sufficient  number of valid signatures to place the
     9  question described in paragraph a of  this  subdivision  on  the  ballot
    10  submitted  after April first and before July first shall be voted on the
    11  third Tuesday in May, provided, however, that such vote shall be held on
    12  the second Tuesday in May if the commissioner at the request of a  local
    13  school  board  certifies  no  later  than March first that such election
    14  would conflict with religious observances of the following school year.
    15    § 3. Section 3602 of the education law is  amended  by  adding  a  new
    16  subdivision 40 to read as follows:
    17    40.  Optional system for state funding of school district expenses. In
    18  addition to other apportionments of aid made to  districts  pursuant  to
    19  this section, additional apportionments shall be made to districts which
    20  elect  to  receive  aid pursuant to this subdivision. a. Definitions. As
    21  used in this subdivision: (1) "primary  residential  real  property  tax
    22  levy"  shall  be  defined  as  the  aggregate property taxes levied by a
    23  school district on a  school  district's  STAR  eligible  properties  as
    24  defined  by  section  four  hundred twenty-five of the real property tax
    25  law.
    26    (2) "base year primary residential real property tax  levy"  shall  be
    27  defined  as the primary residential real property tax levy in the school
    28  year immediately following the year in which the school  district  votes
    29  to  enter  into the optional system for state funding of school district
    30  expenses pursuant to subdivision eight of section two  thousand  twenty-
    31  two of this chapter.
    32    b.  Transition  period.  (1)  A  school  district shall certify to the
    33  commissioner within thirty days of the date at which the vote was  taken
    34  pursuant to subdivision eight of section two thousand twenty-two of this
    35  chapter  whether or not qualified voters of the district have elected to
    36  enter into the optional system for  state  funding  of  school  district
    37  expenses.  Once  the  commissioner  determines that a district has opted
    38  into the optional system for state funding of school  district  expenses
    39  the  district  shall begin receiving aid pursuant to this subdivision in
    40  the school year which begins on July first in  the  subsequent  calendar
    41  year.
    42    (2)  School  districts  which receive aid pursuant to this subdivision
    43  shall receive aid pursuant to the schedule contained in this  paragraph.
    44  School  districts  shall  continue to receive aid pursuant to this para-
    45  graph after the phase in period equal to one hundred percent of the base
    46  year primary residential real property tax levy.
    47    (3) During the first year of the transition period,  school  districts
    48  shall  receive an additional apportionment equal to twenty per centum of
    49  the base year primary residential real property tax levy. In all  subse-
    50  quent  years of the transition period, school districts shall receive an
    51  additional apportionment equal to the following schedule:
    52                               Percent of Base
    53  Year            Year Primary Residential Real Property Tax Levy
    54    2             40%
    55    3             60%
    56    4             80%

        S. 9188                             4
 
     1    5             100%
     2  In  every  year  after  year five such additional apportionment shall be
     3  increased annually by a cost of living  increase.  The  cost  of  living
     4  increase  shall be added to the additional apportionment provided in the
     5  prior year. The cost of living  increase  shall  be  calculated  as  the
     6  percentage  increase in the consumer price index for the previous twelve
     7  months as determined by the commissioner. Such percentage increase shall
     8  be multiplied by the previous year's additional  apportionment  and  the
     9  product  shall  be added to the previous year's additional apportionment
    10  to calculate the current year's additional apportionment.
    11    (4) (i) A participating district shall reduce the primary  residential
    12  real  property tax levy pursuant to the schedule contained in this para-
    13  graph. School districts opting into the optional system for state  fund-
    14  ing  of  school  district  expenses  may not levy taxes in excess of the
    15  remainder of the base year primary residential real  property  tax  levy
    16  less  the aid provided in subparagraph three of this paragraph except to
    17  fund the difference between a district's current year  capital  expenses
    18  less the state aid apportioned for such purpose.
    19    (ii)  Notwithstanding  any other provisions of law, rule or regulation
    20  to the contrary, a school district which receives aid pursuant  to  this
    21  subdivision  shall  be  authorized  to set separate tax warrants and tax
    22  rates for the primary residential real property tax levy and other taxa-
    23  ble properties.
    24    (5) The apportionment hereunder shall not be made until  the  electing
    25  school  district  has  certified to the commissioner that the district's
    26  primary residential real property tax levy for the school year in  which
    27  aid  has  been  accepted pursuant to this paragraph, does not exceed the
    28  base year primary residential real property tax levy as defined in  this
    29  subdivision less the aid apportioned pursuant to this paragraph.
    30    c.  Local  funding  share.  In  each  city  having a population of one
    31  hundred twenty-five thousand or more inhabitants for purposes of  calcu-
    32  lating  the  local share of expenditures, the amount of the reduction in
    33  the primary residential real property tax levy made pursuant to subpara-
    34  graph four of paragraph b of this subdivision  shall  be  deemed  to  be
    35  incorporated  in  the  city  share  of  expenditures for the city school
    36  district.
    37    d. State finding of program. The legislature shall annually  appropri-
    38  ate  an  amount sufficient to support all aid payments incurred pursuant
    39  to this subdivision.
    40    e. Payment schedule. The commissioner shall develop a payment schedule
    41  for aid payments due and payable pursuant to this subdivision  and  such
    42  schedule  shall  be  approved  by the director of the budget before such
    43  payment schedule takes effect.
    44    § 4. The real property tax law is amended by adding a new section  431
    45  to read as follows:
    46    §  431.  Persons sixty-five years of age or over; capped real property
    47  school tax rate. 1. (a) Residential real property owned and occupied  by
    48  one or more persons, each of whom is sixty-five years of age or over and
    49  meets  each  of  the  requirements for the enhanced exemption for senior
    50  citizens set forth in section four hundred twenty-five of this title, or
    51  residential real property owned and occupied by a married couple, one of
    52  whom is sixty-five years of age or over and meets each of  the  require-
    53  ments  for  the  enhanced  exemption  for  senior  citizens set forth in
    54  section four hundred twenty-five of this title, shall  be  eligible  for
    55  the  capped  real  property  school  tax rate set forth in this section,

        S. 9188                             5
 
     1  provided the school district, after public hearing, adopts a  resolution
     2  providing therefor.
     3    (b)  For  purposes  of  this  section,  the term "capped real property
     4  school tax rate" shall mean the lower of: (i) the real  property  school
     5  tax rate established on the taxable status date next succeeding the date
     6  on which an eligible person attains the age of sixty-five years; or (ii)
     7  the real property school tax rate established on any taxable status date
     8  subsequent  to  the  date on which an eligible person attains the age of
     9  sixty-five years, which is lower than the real property school tax  rate
    10  established pursuant to subparagraph (i) of this paragraph.
    11    (c) The capped real property school tax rate shall be determined annu-
    12  ally  for  each  eligible  person  sixty-five  years  of age or older in
    13  accordance with the provisions of paragraphs (a) and (b) of this  subdi-
    14  vision.
    15    2.  Any  person  eligible for the capped real property school tax rate
    16  shall apply annually for such capped rate.  Such  application  shall  be
    17  made  in  a  manner  and  form  determined by the commissioner and shall
    18  require proof of the applicant's age. Such application  shall  be  filed
    19  with  the  local  assessor on or before the taxable status date for such
    20  district.
    21    3. Every school district shall notify, or cause to be  notified,  each
    22  person  owning  residential  real property in the school district of the
    23  provisions of this section. The provisions of this  subdivision  may  be
    24  met  by  a  notice  sent  to such persons in substantially the following
    25  form: "Residential real property owned by persons  sixty-five  years  of
    26  age or older may be eligible for a capped real property school tax rate.
    27  To receive such capped rate, eligible owners of qualifying property must
    28  file  an application with their local assessor on or before the applica-
    29  ble taxable status date. For further information,  please  contact  your
    30  local assessor."
    31    4.  A school district which provides a capped real property school tax
    32  rate for persons sixty-five years  of  age  or  over  pursuant  to  this
    33  section  shall be eligible for reimbursement by the department of educa-
    34  tion, as approved by the commissioner of education, in consultation with
    35  the executive director of the office of real property services, for  one
    36  hundred  percent  of  the  direct cost to such school district resulting
    37  from the implementation of this  section.  Such  direct  cost  shall  be
    38  calculated  pursuant to regulations of the commissioner of education, in
    39  consultation with the commissioner.   A  claim  for  such  reimbursement
    40  shall be made by such school district in a manner and form prescribed by
    41  the commissioner of education.
    42    §  5.  The  real  property  tax law is amended by adding a new section
    43  431-a to read as follows:
    44    § 431-a. Persons sixty-five years of age or older; fixed real property
    45  assessed value. 1. Residential real property owned and occupied  as  the
    46  primary  residence,  of  one or more persons, each of whom is sixty-five
    47  years of age or older and all of whom have a combined annual  income  of
    48  one hundred thousand dollars or less for the income tax year immediately
    49  preceding the date of application or residential real property owned and
    50  occupied  as  the primary residence, of a married couple, one of whom is
    51  sixty-five years of age or older and both of whom have a combined annual
    52  income of one hundred thousand dollars or less for the income  tax  year
    53  immediately preceding the date of application, shall be eligible for the
    54  fixed real property assessed value established by this section.
    55    2.  For  the  purposes of this section, the following terms shall have
    56  the following meanings:

        S. 9188                             6
 
     1    (a) "Fixed real property assessed value" shall mean the lower of:
     2    (i)  the  assessed  value  of real property established on the taxable
     3  status date next succeeding the date on which an eligible real  property
     4  owner attains the age of sixty-five years; or
     5    (ii)  the  assessed  value of real property established on any taxable
     6  status date subsequent to the date upon which an eligible real  property
     7  owner  attains  the  age  of  sixty-five  years, which is lower than the
     8  assessed value established pursuant to subparagraph (i)  of  this  para-
     9  graph.
    10    (b)  "Residential  real  property"  shall  mean  any one or two family
    11  dwelling, including condominium units and cooperative units.
    12    (c) "Income" shall mean the "adjusted gross income" for federal income
    13  tax purposes as reported on the applicant's federal or state income  tax
    14  return  for  the  applicable  income tax year, subject to any subsequent
    15  amendments  or  revisions,  reduced  by  distributions,  to  the  extent
    16  included  in  federal adjusted gross income, received from an individual
    17  retirement account and an individual retirement annuity;  provided  that
    18  if no such return was filed for the applicable income tax year, "income"
    19  shall mean the adjusted gross income that would have been so reported if
    20  such a return had been filed.
    21    3. Each taxing authority shall annually determine the fixed real prop-
    22  erty assessed value for each eligible real property owner.
    23    4.  Any  person  eligible  for  the fixed real property assessed value
    24  shall annually apply to the appropriate assessing unit  for  such  fixed
    25  assessed  value.  Such application shall be made in such manner and form
    26  as shall be determined by the commissioner, and shall require  proof  of
    27  the applicants' ages and incomes. Such applications shall be filed on or
    28  before the taxable status date of the real property.
    29    5.  Every  assessing  unit  shall notify or cause to be notified, each
    30  person owning residential real property within its jurisdiction, of  the
    31  provisions of this section. Such notice shall be and include words which
    32  are  substantially  the  following:  "Residential real property owned by
    33  persons sixty-five years of age or older and having  a  combined  annual
    34  income  of  one  hundred thousand dollars or less, may be eligible for a
    35  fixed real property assessed  value.  To  receive  such  fixed  assessed
    36  value, eligible owners of qualifying real property must file an applica-
    37  tion with their local assessor on or before the taxable status date. For
    38  further information, please contact your local assessor."
    39    §  6.  The  real  property  tax law is amended by adding a new section
    40  906-a to read as follows:
    41    § 906-a. Effect of fixed real  property  assessed  value  upon  taxing
    42  authorities;  state  aid.  1. Levy of taxes; determination of taxes due.
    43  The amount of taxes to be levied for any taxable year  shall  be  deter-
    44  mined without regard to the fact that state aid will be payable pursuant
    45  to this section. In addition, the tax rate for any taxable year shall be
    46  determined  as  if  no  parcels  are  subject  to  a fixed real property
    47  assessed value pursuant to section four  hundred  thirty-one-a  of  this
    48  chapter.  However,  the  tax  rate so determined shall be applied to the
    49  taxable assessed value of each parcel after accounting for all  applica-
    50  ble exemptions.
    51    2.  Tax  savings.  The  tax savings for each parcel subject to a fixed
    52  real property assessed value pursuant to section  four  hundred  thirty-
    53  one-a  of this chapter shall be computed by subtracting the amount actu-
    54  ally levied against the parcel from the  amount  that  would  have  been
    55  levied  if  not  for the fixed real property assessed value. A statement
    56  shall then be placed on the tax bill for the parcel in substantially the

        S. 9188                             7
 
     1  following form: "Your tax savings this year  resulting  from  the  fixed
     2  real property assessed value is $      ."
     3    3.  State  aid. (a) The total tax savings duly provided by each taxing
     4  authority pursuant to this section shall be a state charge, which  shall
     5  be payable as provided in this subdivision.
     6    (b)  A  taxing  authority  seeking  state aid pursuant to this section
     7  shall submit an application therefor to the commissioner.  The  applica-
     8  tion  shall  include such information as the commissioner shall require.
     9  In addition, each taxing authority shall file a copy of such application
    10  with the county clerk of the county in which an eligible parcel is situ-
    11  ate.
    12    (c) Upon approving an application  for  state  aid  pursuant  to  this
    13  section,  the commissioner shall compute and certify the amounts payable
    14  to the taxing authority. Such state aid shall be payable upon the  audit
    15  and  warrant  of  the  state  comptroller  from  vouchers  certified and
    16  approved by the commissioner.
    17    (d) The commissioner may audit an application for state  aid  pursuant
    18  to  this  section  within one year after authorizing payment thereon. If
    19  the commissioner should discover that a taxing authority has received  a
    20  greater  or  lesser amount of such aid than it should have received, the
    21  commissioner shall so notify the taxing authority, and shall  cause  the
    22  next  payment of such aid to the taxing authority to be adjusted accord-
    23  ingly.
    24    4. Installment payments. When  real  property  taxes  are  payable  in
    25  installments  pursuant  to law, the tax savings provided by this section
    26  shall be apply proportionally against the respective installments.
    27    5. Untimely payment of taxes. When taxes on a property  subject  to  a
    28  fixed  real  property  assessed  value  pursuant to section four hundred
    29  thirty-one-a of this chapter are not paid in a timely manner,  interest,
    30  penalties and any other applicable charges shall be imposed only against
    31  the balance due after the tax savings provided by this section have been
    32  deducted from the taxes owed.
    33    §  7. Paragraph (a) of subdivision 2 of section 1573 of the real prop-
    34  erty tax law, as amended by section 1 of part Y of  chapter  56  of  the
    35  laws  of 2010, and as further amended by subdivision (b) of section 1 of
    36  part W of chapter 56 of the laws of 2010, is amended and a new  subdivi-
    37  sion 3-b is added to read as follows:
    38    (a) State assistance pursuant to subdivision one of this section shall
    39  be  payable in an amount not to exceed [five] fifteen dollars per parcel
    40  for an assessment roll  upon  which  a  revaluation  is  implemented  in
    41  accordance  with  an  approved  plan,  and not to exceed two dollars per
    42  parcel for any assessment roll upon which a revaluation  is  not  imple-
    43  mented  in accordance with an approved plan. The amount payable on a per
    44  parcel basis shall exclude parcels which are wholly exempt  or  assessed
    45  by the commissioner.
    46    3-b. (a) State assistance shall be payable in a one-time payment of up
    47  to  two dollars per parcel, excluding parcels which are wholly exempt or
    48  assessed by the commissioner, to every  assessing  unit  when  all  such
    49  assessing  units  which comprise a school district composed of more than
    50  one assessing unit revalue their  assessments  at  one  hundred  percent
    51  value  during  the same year, and the assessment rolls derived therefrom
    52  are filed in two thousand twenty-seven or thereafter. The provisions  of
    53  this  paragraph  shall  apply  only  to those parcels within such school
    54  district composed of multiple assessing units, when all  such  assessing
    55  units  revalue  assessments at one hundred percent value during the same
    56  year.

        S. 9188                             8
 
     1    (b) No provision of this subdivision shall  be  deemed  to  limit  the
     2  eligibility  of  any assessing unit to receive state assistance pursuant
     3  to subdivisions one and two of this section in  addition  to  the  state
     4  assistance granted pursuant to this subdivision.
     5    (c)  If  an  assessing  unit,  after  having received state assistance
     6  pursuant to paragraph (a) of this subdivision, reverts to assessment  at
     7  less  than  one hundred percent of the value within four years after the
     8  receipt of such aid, such assessing unit shall  remit  to  the  state  a
     9  prorated portion of the aid received, except that in the case of a coun-
    10  ty  assessing  unit,  if a city or town therein reverts to assessment at
    11  less than one hundred percent of value within five years after the coun-
    12  ty's receipt of such aid, the county shall remit to the state a prorated
    13  portion of the aid received.
    14    § 8. The general municipal law is amended by adding a new  section  26
    15  to read as follows:
    16    §  26.  Funding  of mandates. 1. Definitions. As used in this section,
    17  the following terms shall have the following meanings unless the context
    18  shall otherwise require:
    19    (a) "Mandate" means:
    20    (i) any state law, rule, or regulation which creates a new program  or
    21  requires  a  higher  level  of  service  for an existing program which a
    22  municipal corporation is required to provide; or
    23    (ii) any general law which grants a  new  property  tax  exemption  or
    24  increases  an existing property tax exemption which the municipal corpo-
    25  ration is required to provide.
    26    (b) "Unfunded mandate" shall mean:
    27    (i) any state law, rule, or regulation which creates a new program  or
    28  requires  a  higher  level  of  service  for an existing program which a
    29  municipal corporation is required to provide and which results in a  net
    30  additional cost to the municipal corporation;
    31    (ii) any alteration in funding provided to a municipal corporation for
    32  the  purpose of defraying the costs of a program which it is required to
    33  provide, thereby resulting in a net additional  cost  to  the  municipal
    34  corporation; or
    35    (iii)  any  general  law  which grants a new property tax exemption or
    36  increases an existing property tax exemption which the municipal  corpo-
    37  ration  is  required  to  provide, thereby resulting in a net additional
    38  cost to the municipal corporation.
    39    (c) "Net additional cost" means the cost or costs incurred  or  antic-
    40  ipated  to be incurred within a one year period by a local government in
    41  performing or administering a mandate after  subtracting  therefrom  any
    42  revenues  received  or  receivable by the local government on account of
    43  the mandated program or service, including but not limited to:
    44    (i) fees charged to the recipients of the mandated program or service;
    45    (ii) state or  federal  aid  paid  specifically  or  categorically  in
    46  connection with the program or service; and
    47    (iii)  an  offsetting  savings resulting from the diminution or elimi-
    48  nation of any other program or  service  directly  attributable  to  the
    49  performance or administration of the mandated program.
    50    2.  Funding  of  municipal  corporation  mandates. Notwithstanding any
    51  other provision of law, no  unfunded  mandate  shall  be  enacted  which
    52  creates  an  annual  net additional cost to any municipal corporation in
    53  excess of ten thousand dollars or an  aggregate  annual  net  additional
    54  cost to all municipal corporations in excess of one million dollars.

        S. 9188                             9
 
     1    3.  Exceptions  to  the  funding of the municipal corporation mandates
     2  requirement. (a) The state shall not be required  to  fund  any  new  or
     3  expanded programs if:
     4    (i) The mandate is required by a court order or judgment;
     5    (ii)  The  mandate  is  provided at the option of the local government
     6  under a law, regulation, rule, or order that is permissive  rather  than
     7  mandatory;
     8    (iii)  The  mandate  results  from  the passage of a home rule message
     9  whereby a local government requests authority to implement  the  program
    10  or  service specified in the statute, and the statute imposes costs only
    11  upon that local government which requests the authority  to  impose  the
    12  program or service;
    13    (iv) The mandate is required by, or arises from, an executive order of
    14  the governor exercising their emergency powers; or
    15    (v)  The mandate is required by statute or executive order that imple-
    16  ments a federal law or regulation and results from costs mandated by the
    17  federal government to be borne at the local level, unless the statute or
    18  executive order results in costs with exceed the costs mandated  by  the
    19  federal government.
    20    (b)  Each  act establishing a mandate shall provide that the effective
    21  date of any such mandate imposed  on  municipal  corporations  shall  be
    22  consistent  with  the  needs  of the state and municipal corporations to
    23  plan implementation thereof and  consistent  with  the  availability  of
    24  required funds.
    25    § 9. The state finance law is amended by adding a new section 99-uu to
    26  read as follows:
    27    §  99-uu.  The state education fund. 1. There is hereby established in
    28  the joint custody of the comptroller and the commissioner of  education,
    29  a special fund to be known as the "state education fund".
    30    2.  Such  fund shall consist of all revenues received from the sale of
    31  any lottery ticket within the state less any expenditures  required  for
    32  the operation of the lottery.
    33    3.  The  moneys in such fund shall be appropriated or transferred only
    34  for (i) elementary and secondary education for schools  which  chose  to
    35  use  the  optional  system for state funding of school district expenses
    36  under subdivision forty of section thirty-six hundred two of the  educa-
    37  tion law and (ii) municipalities and school districts which have imposed
    38  on them unfunded mandates, as such term is defined in section twenty-six
    39  of the general municipal law.
    40    4.  Moneys  shall be payable from the fund on the audit and warrant of
    41  the comptroller on vouchers approved and certified by  the  commissioner
    42  of education.
    43    §  10.  1.  The  New  York  state comptroller in coordination with the
    44  commissioners of state departments shall see that an extensive and inde-
    45  pendent audit is conducted on all  state  departments  and  agencies  to
    46  identify potential cost saving measures and wasteful spending.
    47    2.  After the conclusion of the audit, the comptroller in coordination
    48  with the commissioners of state departments shall ensure all  identified
    49  cost saving measures are implemented and wasteful spending is ended. All
    50  monies  saved  from  the implementation of such cost saving measures and
    51  monies retained from the reduction of wasteful spending shall be  depos-
    52  ited  into  the state education fund established by section 99-uu of the
    53  state finance law.
    54    § 11. 1. The legislature hereby declares that the  real  property  tax
    55  system in the state of New York needs to be examined and restructured in
    56  order to provide significant property tax relief for the citizens of the

        S. 9188                            10
 
     1  state.  As such, it is determined that a blue ribbon commission on prop-
     2  erty tax reform shall be established to examine the current  ad  valorem
     3  property  tax  system and local education financing system of the state.
     4  Such  commission shall submit a report and recommendations to the gover-
     5  nor and the legislature upon completion of such examination.
     6    2. A blue ribbon commission on property tax reform is  hereby  created
     7  to examine, evaluate and make recommendations on alternatives or modifi-
     8  cations  to  the  existing  ad  valorem real property tax system in this
     9  state and alternative  sources  of  funding  for  local  education.  The
    10  commission shall be charged with examining and making recommendations on
    11  specific areas of reform for local governments and school districts with
    12  the goal of mitigating and reducing the property tax burden in the state
    13  of  New York. The subject areas to be examined shall include, but not be
    14  limited to, the following:
    15    (a) Accountability:
    16    (i) inspector general for schools and local governments;
    17    (ii) enhanced public disclosure of budget data; and
    18    (iii) program to eliminate waste and fraud.
    19    (b)  Governance  and  structure  of  local  governments   and   school
    20  districts:
    21    (i) shared services and/or consolidation of personnel and services;
    22    (ii)  shared  services  and/or  consolidation  of  governmental  units
    23  including special districts;
    24    (iii) size of municipal and school district governing boards; and
    25    (iv) the school district election process and oversight.
    26    (c) Property assessments:
    27    (i) property valuation process by local assessors;
    28    (ii) equalization rate process used by the  office  of  real  property
    29  services;
    30    (iii) countywide versus local assessment system;
    31    (iv)  review  of  state  payments to local governments for state owned
    32  land; and
    33    (v) the definition, limits, qualifications of tax exempt properties.
    34    (d) Spending and tax controls:
    35    (i) limits on local levy growth;
    36    (ii) limits on local tax rate growth;
    37    (iii) limits on local spending growth;
    38    (iv) prohibition on unfunded state mandates on local  governments  and
    39  school districts;
    40    (v)  other  state's  limits on local spending and/or taxing authority;
    41  and
    42    (vi) a circuit breaker to limit percentage of income spent on property
    43  taxes.
    44    (e) Potential alternative sources of funding to property taxes:
    45    (i) local/regional/state income tax;
    46    (ii) sales tax;
    47    (iii) blended revenue system; and
    48    (iv) other potential revenue sources.
    49    3. The blue ribbon commission on property tax reform shall be composed
    50  of eleven members. The members, each to serve a term of one  year  shall
    51  be  appointed as follows: three members shall be appointed by the gover-
    52  nor; three members shall be appointed by the temporary president of  the
    53  senate; three members shall be appointed by the speaker of the assembly;
    54  one  member  shall  be appointed by the minority leader of the assembly;
    55  and one member shall be appointed by the minority leader of the  senate.
    56  Of  the members appointed by the governor, one shall be an expert in the

        S. 9188                            11
 
     1  field of municipal finance, one shall be  an  expert  in  the  field  of
     2  education  finance,  and  one  shall be an expert on assessment adminis-
     3  tration. The commission shall elect a chair, a vice-chair and  a  secre-
     4  tary from amongst its members. Notwithstanding the provisions of section
     5  74  of the public officers law, section 806 of the general municipal law
     6  or any other provision of law, membership on the commission of any state
     7  or municipal officer or employee shall not constitute the  violation  of
     8  any  code of ethics or a conflict of interest. The commission shall meet
     9  at least monthly. Commissioner  members  shall  chair  subcommittees  to
    10  fully  examine  the  five  areas  of  reform. These subcommittees may be
    11  appointed by the commission members.  The subcommittees shall meet regu-
    12  larly and report back to the full commission. Vacancies in  the  member-
    13  ship  of  the  commission  and among its officers shall be filled in the
    14  manner provided for original appointments.
    15    4. The commission may employ and at pleasure remove such personnel  as
    16  it may deem necessary for the performance of its functions and fix their
    17  compensation within the amount made available therefor.
    18    5.  The  commission  may meet within and without the state, shall hold
    19  public hearings, and shall have all the powers of a legislative  commit-
    20  tee pursuant to the legislative law.
    21    6.  The  members  of  the commission shall receive no compensation for
    22  their services, but shall be allowed their actual and necessary expenses
    23  incurred in the performance of their duties pursuant to this act.
    24    7. To the maximum extent feasible, the commission shall be entitled to
    25  request and receive, and shall utilize and be provided with such facili-
    26  ties, resources and data of any  department,  division,  board,  bureau,
    27  commission  of  agency of the state or any political subdivision thereof
    28  as it may reasonably request to properly carry out its powers and duties
    29  pursuant to this act.
    30    8. The blue ribbon commission on property  tax  reform  shall  make  a
    31  final  report  to  the  governor  and  the  legislature of its findings,
    32  conclusions and recommendations on or before December 1, 2029, and shall
    33  submit with such report such legislative proposals as it deems necessary
    34  to implement its recommendations.
    35    § 12. This act shall take effect April 1, 2027 and shall apply to  any
    36  general  or  special  law imposing mandates on municipal corporations or
    37  school districts enacted on or after such effective date.
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