|SAME AS||No Same As|
|COSPNSR||Stirpe, Glick, Lupardo, Sayegh, Williams, DiPietro, Giglio JM, Brabenec, Norris, Walczyk, Miller B, Manktelow, Lemondes, Kelles|
|MLTSPNSR||Cahill, Hawley, Thiele|
|Amd 305, Ag & Mkts L; amd 104, RPT L|
|Permits the submission of electronic agricultural assessment applications.|
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STATE OF NEW YORK ________________________________________________________________________ 2675 2021-2022 Regular Sessions IN ASSEMBLY January 19, 2021 ___________ Introduced by M. of A. WOERNER, STIRPE, GLICK, LUPARDO, SAYEGH, WILLIAMS, DiPIETRO, J. M. GIGLIO, BRABENEC, NORRIS, WALCZYK, B. MILL- ER, MANKTELOW -- Multi-Sponsored by -- M. of A. CAHILL, HAWLEY, THIELE -- read once and referred to the Committee on Agriculture AN ACT to amend the agriculture and markets law and the real property tax law, in relation to permitting agricultural assessment applica- tions to be submitted electronically The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Paragraph a of subdivision 1 of section 305 of the agricul- 2 ture and markets law, as amended by chapter 160 of the laws of 2012, is 3 amended to read as follows: 4 a. Any owner of land used in agricultural production within an agri- 5 cultural district shall be eligible for an agricultural assessment 6 pursuant to this section. If an applicant rents land from another for 7 use in conjunction with the applicant's land for the production for sale 8 of crops, livestock or livestock products, the gross sales value of such 9 products produced on such rented land shall be added to the gross sales 10 value of such products produced on the land of the applicant for 11 purposes of determining eligibility for an agricultural assessment on 12 the land of the applicant. Such assessment shall be granted only upon an 13 annual application by the owner of such land on a form prescribed by the 14 commissioner of taxation and finance; provided, however, that after the 15 initial grant of agricultural assessment the annual application shall be 16 on a form, through paper or electronic submission, prescribed by the 17 commissioner of taxation and finance and shall consist of only a certif- 18 ication by the landowner that the landowner continues to meet the eligi- 19 bility requirements for receiving an agricultural assessment and seeks 20 an agricultural assessment for the same acreage that initially received 21 an agricultural assessment. The landowner shall maintain records docu- 22 menting such eligibility which shall be provided to the assessor upon EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD01155-01-1A. 2675 2 1 request. The landowner must apply for agricultural assessment for any 2 change in acreage, whether land is added or removed, after the initial 3 grant of agricultural assessment. Any new owner of the land who wishes 4 to receive an agricultural assessment shall make an initial application 5 for such assessment. Such applications shall be on a form prescribed by 6 the commissioner of taxation and finance. The applicant shall furnish to 7 the assessor such information as the commissioner of taxation and 8 finance shall require, including classification information prepared for 9 the applicant's land or water bodies used in agricultural production by 10 the soil and water conservation district office within the county, and 11 information demonstrating the eligibility for agricultural assessment of 12 any land used in conjunction with rented land as specified in paragraph 13 b of subdivision four of section three hundred one of this article. Such 14 application shall be filed with the assessor of the assessing unit on or 15 before the appropriate taxable status date; provided, however, that (i) 16 in the year of a revaluation or update of assessments, as those terms 17 are defined in section one hundred two of the real property tax law, the 18 application may be filed with the assessor no later than the thirtieth 19 day prior to the day by which the tentative assessment roll is required 20 to be filed by law; or (ii) an application for such an assessment may be 21 filed with the assessor of the assessing unit after the appropriate 22 taxable status date but not later than the last date on which a petition 23 with respect to complaints of assessment may be filed, where failure to 24 file a timely application resulted from: (a) a death of the applicant's 25 spouse, child, parent, brother or sister, (b) an illness of the appli- 26 cant or of the applicant's spouse, child, parent, brother or sister, 27 which actually prevents the applicant from filing on a timely basis, as 28 certified by a licensed physician, or (c) the occurrence of a natural 29 disaster, including, but not limited to, a flood, or the destruction of 30 such applicant's residence, barn or other farm building by wind, fire or 31 flood. If the assessor is satisfied that the applicant is entitled to an 32 agricultural assessment, the assessor shall approve the application and 33 the land shall be assessed pursuant to this section. Not less than ten 34 days prior to the date for hearing complaints in relation to assess- 35 ments, the assessor shall mail to each applicant, who has included with 36 the application at least one self-addressed, pre-paid envelope, a notice 37 of the approval or denial of the application. Such notice shall be on a 38 form prescribed by the commissioner of taxation and finance which shall 39 indicate the manner in which the total assessed value is apportioned 40 among the various portions of the property subject to agricultural 41 assessment and those other portions of the property not eligible for 42 agricultural assessment as determined for the tentative assessment roll 43 and the latest final assessment roll. Failure to mail any such notice or 44 failure of the owner to receive the same shall not prevent the levy, 45 collection and enforcement of the payment of the taxes on such real 46 property. 47 § 2. Paragraph (i) of subdivision 1 of section 104 of the real proper- 48 ty tax law, as amended by section 1 of subpart D of part J of chapter 59 49 of the laws of 2019, is amended and a new paragraph (j) is added to read 50 as follows: 51 (i) The furnishing of notices and certificates under this chapter 52 relating to state equalization rates, residential assessment ratios, 53 special franchise assessments, railroad ceilings, taxable state lands, 54 advisory appraisals, and the certification of assessors and county 55 directors or real property tax services, subject to the provisions of 56 subdivision five of this section[ .]; andA. 2675 3 1 (j) The filing of applications for agricultural assessments. 2 § 3. This act shall take effect on the ninetieth day after it shall 3 have become a law. Effective immediately, the addition, amendment and/or 4 repeal of any rule or regulation necessary for the implementation of 5 this act on its effective date are authorized to be made and completed 6 on or before such date.