S4963-2011 Actions

• Feb 14, 2012: RECOMMIT, ENACTING CLAUSE STRICKEN
• Jan 4, 2012: REFERRED TO LOCAL GOVERNMENT
• May 2, 2011: REFERRED TO LOCAL GOVERNMENT

S4963-2011 Memo

BILL NUMBER:S4963

TITLE OF BILL:
An act
to amend the real property tax law, the tax law, the administrative code
of the city of New York
and the state finance law, in relation to establishing
a Co-STAR program for seniors
and farmers

PURPOSE:
This bill shall provide a Co-Star program for senior citizens and
farmers, which will provide tax rebates to help ease their real
property tax burdens.

SUMMARY OF PROVISIONS:
Section 1 of this bill amends the Real Property Tax Law by adding two
new sections 425-b and 425-c. Section 425-b states that citizens who
are eligible for enhanced STAR are also eligible for a CO-STAR
assessment. The CO-STAR assessment is equal to the exempt amount
determined by enhanced STAR.

Section 425-c states that farmers are eligible for a Co-STAR
assessment if their property is receiving the basic STAR exemption,
they own land which is their primary residence, and they fulfill the
definition of an eligible farmer. The Co-STAR assessment is equal to
the exempt amount determined for purposes of the basic STAR
exemption. A farmer is eligible when he or she is eligible for and
has claimed the farmers' school tax credit, or he or she owns a
substantial interest in land which receives, or which is eligible to
receive, an agricultural assessment. A person owns a substantial
interest in such land if he or she, or his or her spouse: I)
individually owns, or owns jointly with his or her spouse, at least a
25% interest in such land; or 2) is a partner with at least a 25%
interest in a partnership which owns such land;
or 3) owns at least 25% of the stock of a corporation which owns such
land.

Section 2 of this bill amends Article 8 of Tax
Law by adding a new section, 177-a; providing for Co-STAR Tax Rebates
for seniors and farmers. The amount of each such rebate shall equal
the Co-STAR assessment associated with the parcel in question
multiplied by the applicable county tax rate.

Section 3 of this bill dictates the processing of the Co-STAR
assessments for senior citizens on the assessment roll. It directs
the state board of real property services to identify the parcels
which are receiving the enhanced STAR exemption, to ascertain the
taxable assessed value for county purposes of each such parcel, and
to forward such information to the department of taxation and
finance, together with the maximum allowable Co-STAR assessments for
each assessing unit.

Section 3-a of this bill dictates the processing of the Co-STAR
assessments for farmers. For 2006, eligible farmers may submit
applications for Co-STAR assessments until the 90th day after the


effective date of this act. Each assessor has no longer than 120 days
after the effective date to review such applications and to notify
the applicant by certified mail if a Co-STAR application is denied.
Applicants then have no longer than 10 days after the mailing of such
notice to file a written complaint with the assessor. For year 2007,
the Department of Taxation and Finance may presume that the qualified
owner-applicant or owner-applicants were the property owner or owners
as shown on the assessment roll data file.

Section 4 of this bill amends subsection ( e) of section 1310 of the
Tax Law by re-lettering it subsection (g), and adding a new
subsection (h), which establishes a City Co-STAR credit.

For married individuals filing joint returns and for a surviving
spouse, all of whom turn 65 years old on or before the close of the
taxable year, the credit will equal $120 for taxable year 2006 and
thereafter.

For all others-unmarried individual, head of household or married
individual filing a separate return all of whom turn 65 years old on or
before the close of the taxable year, the credit will equal $60 for
taxable year 2006 and thereafter.

Section 5 of this bill amends subdivision (c) of the administrative
code of the city of New York, section 11-1706, by re-lettering it to
subdivision (e) and adding a new subdivision (f) which establishes a
City Co-STAR credit.

For married individuals filing joint returns and for a surviving
spouse, all of whom turn 65 years old on or before the close of the
taxable year, the credit will equal $120 for taxable year 2006 and
thereafter.

For all others-unmarried individual, head of household or married
individual filing a separate return-all of whom turn 65 years old on or
before the close of the taxable year, the credit will equal $60 for
taxable year 2006 and thereafter.

Section 6 of this bill amends the state Finance Law by adding a new
section 97-kkkk,
which establishes a Co-STAR fund. This fund is under the
custody of the commissioner of taxation and finance and shall consist
of all monies credited or transferred from the general fund or any
other fund or sources pursuant to law. The monies shall be available
for payment of CoSTAR rebate checks that are issued and signed solely
by the commissioner of taxation and finance.

Section 7 of this act shall take effect immediately, provided that
section one of this act shall apply to assessment rolls filed in 2008,
and that section two of this act shall apply to county fiscal years
beginning in 2009 and thereafter.

JUSTIFICATION:
Through the late 1990's the State of New York was committed to
improving the economy and business climate of New York by cutting
taxes by over $50 billion dollars. This continues that commitment to


the individual taxpayer by reducing property taxes for seniors and
farmers by way of a property tax rebate.

LEGISLATIVE HISTORY:
2010: A.10538   - Referred to Real Property Taxation
2008: A.5836    - Held for Consideration in Aging
2007: A.5836    - Referred to Aging
2006: A.9389-B  - Held for Consideration in Aging
2002: A.10948-B - Referred to Ways and Means

FISCAL IMPLICATIONS:
in 0
To be determined.

EFFECTIVE DATE:
This act shall take effect immediately, provided that section one of
this act shall apply to assessment rolls filed in 2007 and that
section two of this act shall apply to county fiscal years beginning
in 2008 and thereafter.

S4963-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                         4963
 2011-2012 Regular Sessions
 I N  SENATE
 May 2, 2011
 
 Introduced  by  Sen.  BALL  --  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, the tax law, the  administra
 tive  code  of  the  city  of  New  York and the state finance law, in
 relation to establishing a Co-STAR program for seniors and farmers
 THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM
 BLY, DO ENACT AS FOLLOWS:

 

Section  1.  The  real  property  tax law is amended by adding two new
 sections 425-b and 425-c to read as follows:

 

S 425-B. CO-STAR PROGRAM FOR SENIOR CITIZENS. 1. GENERALLY.  WHEN REAL
 PROPERTY RECEIVES THE ENHANCED STAR EXEMPTION FROM SCHOOL DISTRICT TAXA
 TION AUTHORIZED BY SECTION FOUR HUNDRED TWENTY-FIVE OF THIS  TITLE,  THE
 PROPERTY SHALL BE DESIGNATED AS ELIGIBLE FOR A CO-STAR ASSESSMENT ON THE
 SAME  ASSESSMENT  ROLL  IN  THE MANNER PROVIDED BY THIS SECTION, AND THE
 QUALIFIED OWNER-APPLICANT OR OWNER-APPLICANTS SHALL  BE  ENTITLED  TO  A
 COUNTY  TAX  REBATE  IN  THE  AMOUNT  AND MANNER PROVIDED BY SECTION ONE
 HUNDRED SEVENTY-SEVEN-A OF THE TAX LAW. NO SEPARATE APPLICATION NEED  BE
 FILED FOR SUCH CO-STAR ASSESSMENT OR REBATE.
 2. CO-STAR ASSESSMENTS. (A) SUBJECT TO THE PROVISIONS OF PARAGRAPH (B)
 OF  THIS  SUBDIVISION,  THE  CO-STAR ASSESSMENT FOR EACH ELIGIBLE PARCEL
 SHALL BE EQUAL TO THE EXEMPT  AMOUNT  DETERMINED  FOR  PURPOSES  OF  THE
 ENHANCED  STAR  EXEMPTION AUTHORIZED BY SECTION FOUR HUNDRED TWENTY-FIVE
 OF THIS TITLE FOR THE ASSESSING UNIT IN WHICH THE PARCEL IS LOCATED.
 (B) NOTWITHSTANDING THE PROVISIONS OF PARAGRAPH (A) OF  THIS  SUBDIVI
 SION,  IN  NO  EVENT SHALL THE CO-STAR ASSESSMENT OF A PARCEL EXCEED THE
 TAXABLE ASSESSED VALUE OF THAT PARCEL FOR COUNTY PURPOSES.
 3. ENTRY ON ASSESSMENT ROLL; EFFECT. EACH PARCEL WHICH IS ELIGIBLE FOR
 A CO-STAR ASSESSMENT SHALL BE DESIGNATED AS SUCH BY THE ASSESSOR ON  THE
 ASSESSMENT  ROLL, PROVIDED, HOWEVER, THAT A CO-STAR ASSESSMENT SHALL NOT
 AFFECT THE TOTAL OR  TAXABLE  ASSESSED  VALUE  OF  ANY  PARCEL  FOR  ANY
 PURPOSE,  AND  SHALL  NOT BE CONSIDERED WHEN DETERMINING THE TAX RATE OF
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD02009-01-1
 
       S. 4963                             2
 ANY COUNTY OR FOR ANY PURPOSE OTHER THAN DETERMINING THE REBATE TO WHICH
 THE OWNER-APPLICANT OR OWNER-APPLICANTS ARE ENTITLED UNDER  SECTION  ONE
 HUNDRED SEVENTY-SEVEN-A OF THE TAX LAW.
 4.  PAYMENT  OF  CO-STAR  REBATES.  THE  COMMISSIONER  OF TAXATION AND
 FINANCE SHALL PAY CO-STAR REBATES IN THE MANNER PROVIDED BY SECTION  ONE
 HUNDRED SEVENTY-SEVEN-A OF THE TAX LAW.
 5.  FAILURE  TO  PAY  COUNTY TAXES. IF THE COUNTY TAXES ON AN ELIGIBLE
 PARCEL ARE NOT PAID IN FULL DURING THE APPLICABLE  COUNTY  FISCAL  YEAR,
 THE  OWNER-APPLICANT  OR OWNER-APPLICANTS SHALL BE SUBJECT TO THE CONSE
 QUENCES SPECIFIED IN SUBDIVISION SIX OF SECTION ONE HUNDRED SEVENTY-SEV
 EN-A OF THE TAX LAW, IN ADDITION TO SUCH OTHER CONSEQUENCES  AS  MAY  BE
 PROVIDED BY LAW.
 6.  EXCEPTIONS. (A) COOPERATIVE APARTMENT UNITS AND MOBILE HOMES. WHEN
 AN ENHANCED STAR EXEMPTION IS  GRANTED  PURSUANT  TO  PARAGRAPH  (K)  OF
 SUBDIVISION  TWO  OF  SECTION  FOUR HUNDRED TWENTY-FIVE OF THIS TITLE IN
 RELATION TO A COOPERATIVE APARTMENT UNIT, OR PURSUANT TO  PARAGRAPH  (L)
 OF  SUCH  SUBDIVISION  IN  RELATION TO A MOBILE HOME WHICH IS SEPARATELY
 OWNED FROM BUT ASSESSED WITH THE LAND ON WHICH IT IS LOCATED,  AND  SUCH
 COOPERATIVE APARTMENT UNIT OR MOBILE HOME IS ALSO ELIGIBLE FOR A CO-STAR
 ASSESSMENT  PURSUANT  TO  THIS SECTION, THE CO-STAR REBATE SHALL BE PAID
 DIRECTLY TO THE QUALIFIED OWNER-APPLICANT OR  OWNER-APPLICANTS  NOTWITH
 STANDING  THE FACT THAT THE STAR EXEMPTION APPLIES TO THE PARCEL ITSELF.
 THE ASSESSOR  SHALL  PREPARE  A  LIST  OR  DATA  FILE  IDENTIFYING  SUCH
 OWNER-APPLICANT  OR  OWNER-APPLICANTS,  THEIR MAILING ADDRESSES, AND THE
 TAXABLE ASSESSED VALUE FOR COUNTY PURPOSES ATTRIBUTABLE TO THEIR RESPEC
 TIVE COOPERATIVE APARTMENT UNITS OR MOBILE HOMES, AND SHALL  SUBMIT  THE
 SAME  TO  THE STATE BOARD WITHIN THIRTY DAYS AFTER THE COMPLETION OF THE
 FINAL ASSESSMENT ROLL. SUCH LIST OR DATA FILE SHALL BE PREPARED IN  SUCH
 FORM  AND MANNER AS MAY BE PRESCRIBED BY THE STATE BOARD IN CONSULTATION
 WITH THE DEPARTMENT OF TAXATION AND FINANCE.
 (B) COUNTIES IN CERTAIN CITIES. IN THE CASE OF A COUNTY LOCATED WHOLLY
 WITHIN A CITY WITH A POPULATION OF ONE MILLION OR MORE INHABITANTS,  THE
 CO-STAR  ASSESSMENT  ASSOCIATED WITH EACH ELIGIBLE PARCEL SHALL BE EQUAL
 TO FIFTY PERCENT OF THE EXEMPT AMOUNT DETERMINED  FOR  PURPOSES  OF  THE
 ENHANCED  STAR  EXEMPTION AUTHORIZED BY SECTION FOUR HUNDRED TWENTY-FIVE
 OF THIS TITLE FOR SUCH CITY AFTER THE ADJUSTMENT REQUIRED  BY  PARAGRAPH
 (J) OF SUBDIVISION TWO OF SUCH SECTION.
 7. CORRECTION OF AN INCORRECT ENTRY.  AN INCORRECT ENTRY ON AN ASSESS
 MENT  ROLL  OF  A  CO-STAR  ASSESSMENT  MAY  BE  CORRECTED IN THE MANNER
 PROVIDED BY LAW FOR THE CORRECTION OF AN INCORRECT  ENTRY  OF  THE  STAR
 EXEMPTION  AUTHORIZED BY SECTION FOUR HUNDRED TWENTY-FIVE OF THIS TITLE.
 A DENIAL OF A CO-STAR ASSESSMENT SHALL BE SUBJECT TO ADMINISTRATIVE  AND
 JUDICIAL  REVIEW IN THE MANNER PROVIDED BY LAW FOR THE REVIEW OF ASSESS
 MENTS.
 8. INCONSISTENT LAWS SUPERSEDED. THE PROVISIONS OF THIS SECTION  SHALL
 APPLY  TO  ALL  ASSESSING  UNITS,  EXCLUDING VILLAGE ASSESSING UNITS AND
 CITIES WITHIN A COUNTY ASSESSING UNIT, AND  TO  ALL  COUNTIES,  NOTWITH
 STANDING ANY PROVISION OF LAW TO THE CONTRARY.
 

S 425-C. CO-STAR PROGRAM FOR FARMERS. 1. GENERALLY. WHEN REAL PROPERTY
 IS  THE  PRIMARY  RESIDENCE  OF  AN  ELIGIBLE  FARMER AS DEFINED IN THIS
 SECTION AND THE REQUIREMENTS OF THIS SECTION  ARE  OTHERWISE  SATISFIED,
 THE PROPERTY SHALL BE DESIGNATED AS ELIGIBLE FOR A CO-STAR ASSESSMENT IN
 THE  MANNER  PROVIDED BY THIS SECTION, AND THE QUALIFIED OWNER-APPLICANT
 OR OWNER-APPLICANTS SHALL BE ENTITLED TO A  COUNTY  TAX  REBATE  IN  THE
 AMOUNT AND MANNER PROVIDED BY SECTION ONE HUNDRED SEVENTY-SEVEN-A OF THE
 TAX LAW.
 
       S. 4963                             3
 2. CO-STAR ASSESSMENTS. (A) SUBJECT TO THE PROVISIONS OF PARAGRAPH (B)
 OF  THIS  SUBDIVISION,  THE  CO-STAR ASSESSMENT FOR EACH ELIGIBLE PARCEL
 SHALL BE EQUAL TO THE EXEMPT AMOUNT DETERMINED FOR PURPOSES OF THE BASIC
 STAR EXEMPTION AUTHORIZED BY SECTION FOUR HUNDRED  TWENTY-FIVE  OF  THIS
 TITLE FOR THE ASSESSING UNIT IN WHICH THE PARCEL IS LOCATED.
 (B)  NOTWITHSTANDING  THE PROVISIONS OF PARAGRAPH (A) OF THIS SUBDIVI
 SION, IN NO EVENT SHALL THE CO-STAR ASSESSMENT OF A  PARCEL  EXCEED  THE
 TAXABLE ASSESSED VALUE OF THAT PARCEL FOR COUNTY PURPOSES.
 3.  ELIGIBILITY  REQUIREMENTS.  TO  BE  DESIGNATED  AS  ELIGIBLE FOR A
 CO-STAR ASSESSMENT PURSUANT  TO  THIS  SECTION,  THE  PROPERTY  MUST  BE
 RECEIVING  THE  BASIC  STAR EXEMPTION AUTHORIZED BY SECTION FOUR HUNDRED
 TWENTY-FIVE OF THIS TITLE ON THE SAME ASSESSMENT ROLL, AND MUST BE OWNED
 BY, AND SERVE AS THE PRIMARY RESIDENCE OF, AN ELIGIBLE FARMER AS DEFINED
 IN THIS SECTION.   PROVIDED, HOWEVER, THAT A  PARCEL  WHICH  RECEIVES  A
 CO-STAR  ASSESSMENT  PURSUANT  TO  SECTION FOUR HUNDRED TWENTY-FIVE-A OF
 THIS TITLE MAY NOT ALSO RECEIVE A CO-STAR ASSESSMENT  PURSUANT  TO  THIS
 SECTION ON THE SAME ASSESSMENT ROLL.
 4.  ELIGIBLE  FARMERS.  FOR  PURPOSES  OF THIS SECTION, A PERSON IS AN
 ELIGIBLE FARMER IF HE OR SHE SATISFIES ONE  OR  MORE  OF  THE  FOLLOWING
 CONDITIONS:

 (A) HE OR SHE IS ELIGIBLE FOR AND HAS CLAIMED THE AGRICULTURAL PROPER
 TY TAX CREDIT AUTHORIZED BY SUBSECTION (N) OF SECTION SIX HUNDRED SIX OF
 THE TAX LAW, COMMONLY KNOWN AS THE FARMERS' SCHOOL TAX CREDIT, ON HIS OR
 HER  NEW  YORK  STATE PERSONAL INCOME TAX RETURN FOR THE INCOME TAX YEAR
 IDENTIFIED IN SUBPARAGRAPH (I) OF PARAGRAPH (B) OF SUBDIVISION  FOUR  OF
 SECTION  FOUR  HUNDRED  TWENTY-FIVE OF THIS TITLE, PROVIDED THAT NOTHING
 CONTAINED HEREIN SHALL BE CONSTRUED TO AUTHORIZE OR REQUIRE THE ASSESSOR
 TO VERIFY AN APPLICANT'S ELIGIBILITY FOR SUCH CREDIT; OR
 (B) HE OR SHE OWNS A SUBSTANTIAL INTEREST IN LAND WHICH  RECEIVES,  OR
 WHICH  IS  ELIGIBLE  TO  RECEIVE, AN AGRICULTURAL ASSESSMENT PURSUANT TO
 SECTION THREE HUNDRED FIVE OR THREE HUNDRED SIX OF THE  AGRICULTURE  AND
 MARKETS  LAW  ON  THE  CURRENT  ASSESSMENT  ROLL.  SUCH LAND NEED NOT BE
 LOCATED IN THE SAME ASSESSING UNIT  AS  THE  ELIGIBLE  FARMER'S  PRIMARY
 RESIDENCE.  FOR  PURPOSES  OF  THIS SECTION, A PERSON OWNS A SUBSTANTIAL
 INTEREST IN SUCH LAND IF HE OR SHE, OR HIS OR HER SPOUSE:

 (I) INDIVIDUALLY OWNS, OR OWNS JOINTLY WITH  HIS  OR  HER  SPOUSE,  AT
 LEAST A TWENTY-FIVE PERCENT INTEREST IN SUCH LAND;
 (II)  IS A PARTNER, WITH AT LEAST A TWENTY-FIVE PERCENT INTEREST, IN A
 PARTNERSHIP WHICH OWNS SUCH LAND; OR
 (III) OWNS AT LEAST TWENTY-FIVE PERCENT OF THE STOCK OF A  CORPORATION
 WHICH OWNS SUCH LAND.
 5.  APPLICATION PROCEDURE. (A) GENERALLY. AN ELIGIBLE FARMER MUST FILE
 AN APPLICATION FOR A CO-STAR ASSESSMENT WITH THE ASSESSOR EACH  YEAR  ON
 OR  BEFORE  THE  APPROPRIATE  TAXABLE STATUS DATE. EACH SUCH APPLICATION
 SHALL BE MADE ONLY ON A FORM PRESCRIBED OR APPROVED BY THE STATE  BOARD;
 PROVIDED,  THAT  EFFECTIVE WITH THE TWO THOUSAND ELEVEN ASSESSMENT ROLL,
 THE APPLICATION FORM FOR THE AGRICULTURAL ASSESSMENT SHALL  BE  DESIGNED
 SO  THAT  IT  MAY  ALSO SERVE AS AN APPLICATION FOR A CO-STAR ASSESSMENT
 PURSUANT TO THIS SECTION, WHERE APPROPRIATE.
 (B) APPROVAL OR DENIAL OF APPLICATION. IF THE  ASSESSOR  IS  SATISFIED
 THAT  A  PARCEL  IS  ENTITLED  TO  A CO-STAR ASSESSMENT PURSUANT TO THIS
 SECTION, HE OR SHE SHALL APPROVE THE APPLICATION. IF THE ASSESSOR DETER
 MINES THAT A PARCEL IS NOT ENTITLED TO A CO-STAR ASSESSMENT, HE  OR  SHE
 SHALL,  NOT LATER THAN TEN DAYS PRIOR TO THE DATE FOR HEARING COMPLAINTS
 IN RELATION TO ASSESSMENTS, MAIL TO THE APPLICANT A NOTICE OF DENIAL  OF
 THAT  APPLICATION  FOR THE CO-STAR ASSESSMENT FOR THAT YEAR; EXCEPT IN A
 
       S. 4963                             4
 CITY WITH A POPULATION OF ONE MILLION OR MORE INHABITANTS,  SUCH  NOTICE
 SHALL  BE  MAILED NOT LATER THAN THIRTY DAYS PRIOR TO THE FINAL DATE FOR
 FILING AN ASSESSMENT APPEAL.  THE NOTICE OF DENIAL  SHALL  SPECIFY  EACH
 REASON  FOR  SUCH  DENIAL  AND SHALL BE SENT ON A FORM PRESCRIBED BY THE
 STATE BOARD.  FAILURE TO MAIL ANY SUCH NOTICE OF DENIAL OR  THE  FAILURE
 OF  ANY  PERSON  TO  RECEIVE  SUCH  NOTICE  SHALL  NOT PREVENT THE LEVY,
 COLLECTION AND ENFORCEMENT OF  THE  TAXES  ON  PROPERTY  OWNED  BY  SUCH
 PERSON.
 (C)  CONFIDENTIALITY.  ANY INFORMATION OR DOCUMENTATION SUBMITTED WITH
 THE APPLICATION TO VERIFY THAT THE APPLICANT HAS  CLAIMED  THE  AGRICUL
 TURAL  PROPERTY  TAX  CREDIT AUTHORIZED BY SUBSECTION (N) OF SECTION SIX
 HUNDRED SIX OF THE TAX LAW, COMMONLY KNOWN AS THE  FARMERS'  SCHOOL  TAX
 CREDIT,  SHALL  BE  DEEMED CONFIDENTIAL, AND THE ASSESSOR, ANY MUNICIPAL
 OFFICER OR MUNICIPAL EMPLOYEES ARE PROHIBITED FROM DISCLOSING  ANY  SUCH
 INFORMATION,  EXCEPT  FOR ANY DISCLOSURE NECESSARY IN THE PERFORMANCE OF
 THEIR OFFICIAL DUTIES. ANY UNAUTHORIZED DISCLOSURE OF  SUCH  INFORMATION
 SHALL  BE  DEEMED  A  VIOLATION  OF  SECTION EIGHT HUNDRED FIVE-A OF THE
 GENERAL MUNICIPAL LAW.
 6. ENTRY ON ASSESSMENT ROLL; EFFECT. EACH PARCEL WHICH IS ELIGIBLE FOR
 A CO-STAR ASSESSMENT SHALL BE IDENTIFIED AS SUCH BY THE ASSESSOR ON  THE
 ASSESSMENT  ROLL, PROVIDED, HOWEVER, THAT A CO-STAR ASSESSMENT SHALL NOT
 AFFECT THE TOTAL OR  TAXABLE  ASSESSED  VALUE  OF  ANY  PARCEL  FOR  ANY
 PURPOSE,  AND  SHALL  NOT BE CONSIDERED WHEN DETERMINING THE TAX RATE OF
 ANY COUNTY OR FOR ANY PURPOSE OTHER THAN DETERMINING THE REBATE TO WHICH
 THE OWNER-APPLICANT OR OWNER-APPLICANTS ARE ENTITLED UNDER  SECTION  ONE
 HUNDRED SEVENTY-SEVEN-A OF THE TAX LAW.
 7.  PAYMENT  OF  CO-STAR  REBATES.  THE  COMMISSIONER  OF TAXATION AND
 FINANCE SHALL PAY CO-STAR REBATES IN THE MANNER PROVIDED BY SECTION  ONE
 HUNDRED SEVENTY-SEVEN-A OF THE TAX LAW.
 8.  FAILURE  TO  PAY  COUNTY TAXES. IF THE COUNTY TAXES ON AN ELIGIBLE
 PARCEL ARE NOT PAID IN FULL DURING THE APPLICABLE  COUNTY  FISCAL  YEAR,
 THE  OWNER-APPLICANT  OR OWNER-APPLICANTS SHALL BE SUBJECT TO THE CONSE
 QUENCES SPECIFIED IN SUBDIVISION SIX OF SECTION ONE HUNDRED SEVENTY-SEV
 EN-A OF THE TAX LAW, IN ADDITION TO SUCH OTHER CONSEQUENCES  AS  MAY  BE
 PROVIDED BY LAW.
 9.  EXCEPTIONS. (A) COOPERATIVE APARTMENT UNITS AND MOBILE HOMES. WHEN
 A STAR EXEMPTION IS GRANTED PURSUANT TO PARAGRAPH (K) OF SUBDIVISION TWO
 OF SECTION FOUR HUNDRED TWENTY-FIVE OF THIS TITLE IN RELATION TO A COOP
 ERATIVE APARTMENT UNIT, OR PURSUANT TO PARAGRAPH (L) OF SUCH SUBDIVISION
 IN RELATION TO A MOBILE HOME WHICH IS SEPARATELY OWNED FROM BUT ASSESSED
 WITH THE LAND ON WHICH IT IS LOCATED,  AND  SUCH  COOPERATIVE  APARTMENT
 UNIT  OR  MOBILE HOME IS ALSO ELIGIBLE FOR A CO-STAR ASSESSMENT PURSUANT
 TO THIS SECTION, THE CO-STAR REBATE SHALL BE PAID DIRECTLY TO THE QUALI
 FIED OWNER-APPLICANT OR OWNER-APPLICANTS NOTWITHSTANDING THE  FACT  THAT
 THE  STAR  EXEMPTION  APPLIES  TO  THE PARCEL ITSELF. THE ASSESSOR SHALL
 PREPARE  A  LIST  OR  DATA  FILE  IDENTIFYING  SUCH  OWNER-APPLICANT  OR
 OWNER-APPLICANTS,  THEIR  MAILING  ADDRESSES,  AND  THE TAXABLE ASSESSED
 VALUE FOR COUNTY PURPOSES ATTRIBUTABLE TO THEIR  RESPECTIVE  COOPERATIVE
 APARTMENT  UNITS OR MOBILE HOMES, AND SHALL SUBMIT THE SAME TO THE STATE
 BOARD WITHIN THIRTY DAYS AFTER THE COMPLETION OF  THE  FINAL  ASSESSMENT
 ROLL.  SUCH  LIST OR DATA FILE SHALL BE PREPARED IN SUCH FORM AND MANNER
 AS MAY BE PRESCRIBED BY THE STATE BOARD OF  REAL  PROPERTY  SERVICES  IN
 CONSULTATION WITH THE DEPARTMENT OF TAXATION AND FINANCE.
 (B) COUNTIES IN CERTAIN CITIES. IN THE CASE OF A COUNTY LOCATED WHOLLY
 WITHIN  A CITY WITH A POPULATION OF ONE MILLION OR MORE INHABITANTS, THE
 CO-STAR ASSESSMENT ASSOCIATED WITH EACH ELIGIBLE PARCEL SHALL  BE  EQUAL
 
       S. 4963                             5
 TO  FIFTY  PERCENT  OF  THE EXEMPT AMOUNT DETERMINED FOR PURPOSES OF THE
 BASIC STAR EXEMPTION AUTHORIZED BY SECTION FOUR HUNDRED  TWENTY-FIVE  OF
 THIS  TITLE FOR SUCH CITY AFTER THE ADJUSTMENT REQUIRED BY PARAGRAPH (J)
 OF SUBDIVISION TWO OF SUCH SECTION.
 10.  CORRECTION  OF  AN  INCORRECT  ENTRY.    AN INCORRECT ENTRY ON AN
 ASSESSMENT ROLL OF A CO-STAR ASSESSMENT MAY BE CORRECTED IN  THE  MANNER
 PROVIDED  BY  LAW  FOR  THE CORRECTION OF AN INCORRECT ENTRY OF THE STAR
 EXEMPTION AUTHORIZED BY SECTION FOUR HUNDRED TWENTY-FIVE OF THIS  TITLE.
 A  DENIAL OF A CO-STAR ASSESSMENT SHALL BE SUBJECT TO ADMINISTRATIVE AND
 JUDICIAL REVIEW IN THE MANNER PROVIDED BY LAW FOR THE REVIEW OF  ASSESS
 MENTS.
 11. INCONSISTENT LAWS SUPERSEDED. THE PROVISIONS OF THIS SECTION SHALL
 APPLY  TO  ALL  ASSESSING  UNITS,  EXCLUDING VILLAGE ASSESSING UNITS AND
 CITIES WITHIN A COUNTY ASSESSING UNIT, AND  TO  ALL  COUNTIES,  NOTWITH
 STANDING ANY PROVISION OF LAW TO THE CONTRARY.
 

S  2.  The tax law is amended by adding a new section 177-a to read as
 follows:

 

S 177-A. CO-STAR TAX REBATES. 1. PAYMENT OF REBATES. THE  COMMISSIONER
 SHALL PAY CO-STAR TAX REBATES, AS PROVIDED IN SECTION FOUR HUNDRED TWEN
 TY-FIVE-B  AND  SECTION  FOUR HUNDRED TWENTY-FIVE-C OF THE REAL PROPERTY
 TAX LAW, TO AUTHORIZED PAYEES AS DEFINED IN THIS SECTION.  THE AMOUNT OF
 EACH SUCH REBATE SHALL EQUAL THE CO-STAR ASSESSMENT ASSOCIATED WITH  THE
 PARCEL  IN  QUESTION  MULTIPLIED BY THE APPLICABLE COUNTY TAX RATE. SUCH
 PAYMENTS SHALL BE MADE AS PROMPTLY AS POSSIBLE FOLLOWING RECEIPT OF  THE
 PAYEE  IDENTIFICATION  AND  OTHER INFORMATION SPECIFIED IN THIS SECTION,
 SUBJECT TO APPROPRIATION BY THE STATE LEGISLATURE. THE COMMISSIONER  AND
 THE  EXECUTIVE  DIRECTOR  OF  THE STATE OFFICE OF REAL PROPERTY SERVICES
 SHALL JOINTLY DESIGN, DEVELOP AND IMPLEMENT  A  PROCESS  TO  REVIEW  THE
 QUALITY  AND  INTEGRITY  OF THE CO-STAR INFORMATION IN THEIR POSSESSION.
 THE COMMISSIONER AND SUCH EXECUTIVE DIRECTOR MAY ENTER  INTO  A  COOPER
 ATIVE AGREEMENT TO ESTABLISH THE REVIEW PROCESS.
 2. AUTHORIZED PAYEES; MAILING ADDRESSES. (A) FOR EACH ELIGIBLE PROPER
 TY, THE CO-STAR REBATE SHALL BE PAID TO THE QUALIFIED OWNER-APPLICANT OR
 OWNER-APPLICANTS  AS DEFINED HEREIN, OR HIS, HER OR THEIR PAYMENT DESIG
 NEE OR DESIGNEES, IF ANY. IN THE CASE  OF  CO-STAR  ASSESSMENTS  GRANTED
 PURSUANT  TO SECTION FOUR HUNDRED TWENTY-FIVE-B OF THE REAL PROPERTY TAX
 LAW, THE QUALIFIED OWNER-APPLICANT  OR  OWNER-APPLICANTS  SHALL  BE  THE
 SENIOR  CITIZEN  OR  CITIZENS WHO APPLIED FOR, AND WERE FOUND TO SATISFY
 THE REQUIREMENTS OF, THE ENHANCED STAR EXEMPTION AUTHORIZED  BY  SECTION
 FOUR  HUNDRED  TWENTY-FIVE OF THE REAL PROPERTY TAX LAW.  IN THE CASE OF
 CO-STAR  ASSESSMENTS  GRANTED   PURSUANT   TO   SECTION   FOUR   HUNDRED
 TWENTY-FIVE-C  OF  THE REAL PROPERTY TAX LAW, THE QUALIFIED OWNER-APPLI
 CANT OR OWNER-APPLICANTS SHALL BE THE ELIGIBLE  FARMER  OR  FARMERS  WHO
 APPLIED  FOR, AND WERE FOUND TO SATISFY THE REQUIREMENTS OF, THE CO-STAR
 ASSESSMENT AUTHORIZED BY SECTION FOUR HUNDRED TWENTY-FIVE-C OF THE  REAL
 PROPERTY TAX LAW.
 (B) THE CO-STAR REBATE SHALL BE MAILED TO THE MAILING ADDRESS PROVIDED
 EITHER ON THE APPLICATION FORM FOR THE ENHANCED STAR EXEMPTION SUBMITTED
 PURSUANT  TO  SECTION  FOUR HUNDRED TWENTY-FIVE OF THE REAL PROPERTY TAX
 LAW, OR ON THE CO-STAR APPLICATION FORM SUBMITTED  PURSUANT  TO  SECTION
 FOUR HUNDRED TWENTY-FIVE-C OF THE REAL PROPERTY TAX LAW, AS THE CASE MAY
 BE, OR AS OTHERWISE RELIABLY OBTAINED BY THE DEPARTMENT.
 3. REPORTING OF DATA TO DEPARTMENT. (A) WHEN DEVELOPING OR MAINTAINING
 ITS  DATA  BASE FOR PURPOSES OF ADMINISTERING ITS RESPONSIBILITIES UNDER
 THIS SECTION, THE DEPARTMENT SHALL UTILIZE TO THE MAXIMUM EXTENT  POSSI
 BLE  DATA EXTRACTED FROM THE ASSESSMENT ROLL DATA FILES SUBMITTED TO THE
 
       S. 4963                             6
 STATE BOARD OF REAL PROPERTY SERVICES PURSUANT TO ARTICLE  FIFTEEN-C  OF
 THE  REAL  PROPERTY  TAX  LAW. ON OR BEFORE NOVEMBER FIRST OF EACH YEAR,
 SUCH STATE BOARD SHALL ASCERTAIN FROM SUCH DATA FILES, AND SHALL FORWARD
 TO  THE DEPARTMENT, THE IDENTIFICATION NUMBERS OF THE PARCELS DESIGNATED
 THEREON AS ELIGIBLE FOR CO-STAR ASSESSMENTS, THE NAMES OF THE OWNERS  OF
 EACH  SUCH  PARCEL  AS APPEARING THEREON, THE TAXABLE ASSESSED VALUE FOR
 COUNTY PURPOSES OF EACH  SUCH  PARCEL  AS  APPEARING  THEREON,  AND  THE
 ASSESSING UNIT IN WHICH EACH SUCH PARCEL IS LOCATED. CONCURRENTLY THERE
 WITH,  SUCH STATE BOARD SHALL ALSO PROVIDE TO THE DEPARTMENT THE MAXIMUM
 ALLOWABLE CO-STAR ASSESSMENTS APPLICABLE TO EACH ASSESSING UNIT.
 (B) FOR PURPOSES OF  ADMINISTERING  ITS  RESPONSIBILITIES  UNDER  THIS
 SECTION IN RELATION TO COOPERATIVE APARTMENT UNITS AND MOBILE HOMES, THE
 DEPARTMENT  SHALL  ALSO  UTILIZE  DATA EXTRACTED FROM THE LISTS AND DATA
 FILES SUBMITTED TO SUCH STATE BOARD BY ASSESSORS PURSUANT  TO  PARAGRAPH
 (A) OF SUBDIVISION SIX OF SECTION FOUR HUNDRED TWENTY-FIVE-B OF THE REAL
 PROPERTY  TAX  LAW AND PARAGRAPH (A) OF SUBDIVISION NINE OF SECTION FOUR
 HUNDRED TWENTY-FIVE-C OF THE REAL PROPERTY TAX LAW.  ON OR BEFORE NOVEM
 BER FIRST OF EACH YEAR, SUCH STATE BOARD SHALL ASCERTAIN FROM SUCH LISTS
 AND DATA FILES, AND SHALL FORWARD  TO  THE  DEPARTMENT,  THE  NAMES  AND
 ADDRESSES  OF  THE  OWNER-APPLICANTS  AS  SHOWN  THEREON,  THEIR MAILING
 ADDRESSES AS SHOWN  THEREON,  THE  TAXABLE  ASSESSED  VALUE  FOR  COUNTY
 PURPOSES ATTRIBUTABLE TO THEIR RESPECTIVE COOPERATIVE APARTMENT UNITS OR
 MOBILE  HOMES,  AND  THE  ASSESSING  UNIT IN WHICH EACH SUCH COOPERATIVE
 APARTMENT UNIT OR MOBILE HOME IS LOCATED.
 (C) THE COUNTY TREASURER OF EACH COUNTY SHALL CERTIFY TO  THE  COMMIS
 SIONER,  NO  LATER  THAN  THE THIRTY-FIRST DAY OF JANUARY OF EACH COUNTY
 FISCAL YEAR, THE COUNTY TAX RATES APPLICABLE TO EACH CITY AND TOWN WITH
 IN THE COUNTY FOR THAT FISCAL YEAR. IN THE  CASE  OF  A  COUNTY  LOCATED
 WHOLLY  WITHIN  A CITY WITH A POPULATION OF ONE MILLION OR MORE INHABIT
 ANTS, THE COMMISSIONER OF FINANCE OF SUCH CITY SHALL MAKE  SUCH  CERTIF
 ICATION;  PROVIDED THAT THE TAX RATE TO BE PROVIDED THEREUNDER, AND USED
 TO COMPUTE CO-STAR REBATES PURSUANT TO THIS SECTION, SHALL BE A  COMPOS
 ITE OF THE TAX RATES FOR BOTH CITY AND SCHOOL DISTRICT PURPOSES.
 (D)  IN ADDITION TO RECEIVING DATA PURSUANT TO PARAGRAPHS (A), (B) AND
 (C) OF THIS SUBDIVISION, THE DEPARTMENT MAY ENTER INTO  AGREEMENTS  WITH
 SUCH  STATE BOARD, WITH LOCAL ASSESSORS, WITH COUNTY TREASURERS, OR WITH
 SOME OR ALL OF SUCH PARTIES, FOR THE REPORTING TO THE DEPARTMENT OF SUCH
 OTHER DATA AS MAY BE REQUIRED FOR ITS ADMINISTRATION OF THE CO-STAR  TAX
 REBATE PROGRAM.  NOTHING CONTAINED IN THIS SECTION SHALL BE CONSTRUED TO
 PRECLUDE  THE  DEPARTMENT  FROM COLLECTING DIRECTLY FROM PUTATIVE PAYEES
 SUCH DATA AS IT SHALL DEEM APPROPRIATE.
 (E) INFORMATION PROVIDED TO OR PREPARED BY THE DEPARTMENT PURSUANT  TO
 THIS SECTION SHALL NOT BE USED FOR ANY PURPOSE OTHER THAN ADMINISTRATION
 OF  THE  CO-STAR  PROGRAM, AND SUCH INFORMATION SHALL NOT BE REDISCLOSED
 OTHER THAN FOR THE PURPOSE OF ADMINISTERING SUCH PROGRAM NOR  SHALL  THE
 PROVISIONS  OF  ARTICLE SIX OF THE PUBLIC OFFICERS LAW APPLY TO ANY SUCH
 INFORMATION.
 4. CONSTRUCTION OR INTERPRETATION OF CERTAIN PROVISIONS OR TERMS. WHEN
 THE PROPER PAYMENT OF A TAX  REBATE  UNDER  THIS  SECTION  DEPENDS  UPON
 CONSTRUCTION  OF  THE  MEANING OF THE PROVISIONS OF SECTION FOUR HUNDRED
 TWENTY-FIVE-B OR FOUR HUNDRED TWENTY-FIVE-C OF THE REAL PROPERTY TAX LAW
 (AND ANY RELATED PROVISIONS OF SUCH LAW) OR INTERPRETATION OF THE  TERMS
 CONTAINED  THEREIN, IT SHALL BE THE RESPONSIBILITY OF THE STATE BOARD OF
 REAL PROPERTY SERVICES TO PROVIDE TO THE DEPARTMENT THE CONSTRUCTION  OR
 INTERPRETATION OF ANY SUCH PROVISIONS OR TERMS.
 
       S. 4963                             7
 5.  LIMITATIONS.  PAYMENT OF A REBATE UPON THE INFORMATION PROVIDED TO
 IT, OR DENIAL OF OR FAILURE TO PAY A REBATE BASED ON  SUCH  INFORMATION,
 SHALL  RELIEVE THE COMMISSIONER AND THE DEPARTMENT FROM ALL LIABILITY TO
 ANY OWNER OF THE PROPERTY, OR THE ESTATE,  TRUST,  ASSIGNS,  SUCCESSORS,
 HEIRS  OR  REPRESENTATIVES  OF ANY SUCH OWNER, OR ANY OTHER PERSON, WITH
 RESPECT TO SUCH PAYMENT,  AND  SUCH  PERSONS  SHALL  HAVE  NO  RIGHT  TO
 COMMENCE  A  COURT  ACTION  OR PROCEEDING OR TO ANY OTHER LEGAL RECOURSE
 AGAINST THE STATE, THE COMMISSIONER, THE DEPARTMENT, OR ANY  OFFICER  OR
 EMPLOYEE  OF STATE OR LOCAL GOVERNMENT INVOLVED IN THE ADMINISTRATION OF
 THIS PROGRAM, TO RECOVER SUCH PAYMENT.
 6. FAILURE TO PAY COUNTY TAXES. (A) AFTER THE CONCLUSION OF EACH COUN
 TY FISCAL YEAR, THE COUNTY TREASURER OF EACH COUNTY SHALL SUBMIT TO  THE
 COMMISSIONER  A  LIST  IDENTIFYING ALL PARCELS WITH RESPECT TO WHICH THE
 COUNTY TAXES FOR THAT FISCAL YEAR REMAINED UNPAID AS OF THE END OF  THAT
 FISCAL YEAR. IN THE CASE OF A COUNTY LOCATED WHOLLY WITHIN A CITY WITH A
 POPULATION  OF  ONE  MILLION  OR  MORE  INHABITANTS,  SUCH LIST SHALL BE
 SUBMITTED BY THE COMMISSIONER OF FINANCE OF SUCH CITY AND SHALL IDENTIFY
 ALL PARCELS WITH RESPECT TO WHICH THE CITY TAXES FOR  THAT  FISCAL  YEAR
 REMAINED  UNPAID  AS  OF THE END OF THAT FISCAL YEAR. SUCH LIST SHALL BE
 SUBMITTED TO THE COMMISSIONER WHEN SUBMITTING THE  REPORT  DESCRIBED  IN
 PARAGRAPH (C) OF SUBDIVISION THREE OF THIS SECTION.
 (B)  UPON  RECEIVING  SUCH A LIST, THE COMMISSIONER SHALL WITHHOLD ANY
 FUTURE CO-STAR REBATE PAYMENTS TO THE OWNER-APPLICANTS  IN  RELATION  TO
 ANY  PARCELS ON THE LIST UNTIL RECEIVING CONFIRMATION THAT ALL OUTSTAND
 ING COUNTY TAXES ON THE PARCEL IN QUESTION HAVE BEEN PAID  IN  FULL.  IT
 SHALL  BE  THE  RESPONSIBILITY  OF  THE  OWNER-APPLICANT  TO OBTAIN SUCH
 CONFIRMATION IN WRITING FROM THE COUNTY TREASURER, AND  TO  PROVIDE  THE
 SAME TO THE DEPARTMENT IN SUCH MANNER AS THE COMMISSIONER MAY PRESCRIBE.
 AFTER  RECEIVING  SUCH  CONFIRMATION, ANY WITHHELD REBATES FOR WHICH THE
 OWNER-APPLICANT IS ELIGIBLE AND HAS TIMELY APPLIED SHALL BE RELEASED AND
 FUTURE REBATE PAYMENTS MAY BE MADE, SUBJECT TO CONTINUED ELIGIBILITY AND
 CONTINUOUS PAYMENT OF FUTURE COUNTY TAXES.  NO INTEREST SHALL BE PAID OR
 PAYABLE ON ANY WITHHELD REBATES THAT ARE SO RELEASED.  THE  COMMISSIONER
 MAY  SCHEDULE  THE  PROCESSING  OF  REQUESTS FOR THE RELEASE OF WITHHELD
 REBATES SO AS TO ALLOW PAYMENTS TO BE COLLECTIVELY AUTHORIZED  FOR  THIS
 PURPOSE NO MORE FREQUENTLY THAN TWICE PER CALENDAR YEAR.
 (C)  IF  SUCH  CONFIRMATION IS NOT RECEIVED WITHIN A TIME PERIOD TO BE
 DETERMINED BY THE COMMISSIONER, THE COMMISSIONER MAY REVOKE THE  CO-STAR
 REBATE  FOR  THE  COUNTY FISCAL YEAR IDENTIFIED IN PARAGRAPH (A) OF THIS
 SUBDIVISION AND RECAPTURE THE APPLICABLE AMOUNT IN THE MANNER PRESCRIBED
 BY SUBDIVISION SEVEN OF THIS SECTION.
 7. ERRONEOUS REBATES; REPLACEMENT CHECKS. THE COMMISSIONER MAY, IN HIS
 OR HER DISCRETION, SEEK TO RECOVER ANY ERRONEOUS REBATE BY NOTIFYING THE
 PAYEE OF THE AMOUNT THEREOF. IF SUCH ERRONEOUS REBATE  IS  NOT  RETURNED
 WITHIN  THIRTY DAYS, THE COMMISSIONER IS AUTHORIZED TO TREAT THE ERRONE
 OUS REBATE AS  AN  ERRONEOUS  REFUND  OF  INCOME  TAX  PURSUANT  TO  THE
 PROVISIONS  OF  PARAGRAPH  FIVE OF SUBSECTION (C) OF SECTION SIX HUNDRED
 EIGHTY-THREE OF THIS CHAPTER AND SUCH AMOUNTS, WHEN COLLECTED, SHALL  BE
 DEPOSITED  AS  PROVIDED IN SUBDIVISION ONE OF SECTION ONE HUNDRED SEVEN
 TY-ONE-A OF THIS ARTICLE, AS IF SUCH AMOUNTS WERE TAXES COLLECTED  UNDER
 AN  ARTICLE  OF  THIS CHAPTER REFERRED TO IN SUCH SUBDIVISION. WHERE THE
 COMMISSIONER FINDS THAT AN ORIGINAL REBATE CHECK  HAS  BEEN  MISDIRECTED
 FOR  REASONS  BEYOND  THE CONTROL OF THE AUTHORIZED PAYEE, HE OR SHE MAY
 ISSUE A NEW REBATE CHECK TO THE AUTHORIZED PAYEE.
 8. REGULATIONS. THE COMMISSIONER SHALL  BE  AUTHORIZED  TO  MAKE  SUCH
 RULES  AND REGULATIONS AS MAY BE DEEMED NECESSARY FOR THE PERFORMANCE OF
 
       S. 4963                             8
 HIS OR HER DUTIES UNDER THIS SECTION, INCLUDING BUT NOT LIMITED TO RULES
 AND REGULATIONS RELATING TO STANDARDS AND PROCEDURES FOR FURNISHING DATA
 TO THE DEPARTMENT.
 

S  3.  Processing  of  Co-STAR  assessments for senior citizens on the
 assessment roll. (a) Notwithstanding the provisions of section 425-b  of
 the  real property tax law, as added by section one of this act, parcels
 which are eligible for Co-STAR  assessments  pursuant  to  such  section
 shall  not  be  designated  as such on the 2010 assessment roll. In lieu
 thereof, upon receipt of the 2010 assessment roll data file submitted to
 it pursuant to section 1590 of the real  property  tax  law,  the  state
 board of real property services shall identify the parcels thereon which
 are receiving the enhanced STAR exemption pursuant to section 425 of the
 real  property  tax  law, shall ascertain the taxable assessed value for
 county purposes of each such parcel, and shall forward such  information
 to  the  department  of  taxation and finance, together with the maximum
 allowable Co-STAR assessments for each assessing unit.
 (b) Notwithstanding the provisions of section 177-a of the tax law, as
 added by section two of this act, for purposes  of  issuing  rebates  of
 county  taxes  for the county fiscal year beginning in 2011, the depart
 ment of taxation and finance may presume that the qualified owner-appli
 cant or owner-applicants were the property owner or  owners  as  of  the
 applicable  taxable  status  date,  as shown on the assessment roll data
 file filed with the state board of real property  services  pursuant  to
 article  15-C of the real property tax law, and may further presume that
 the appropriate mailing addresses are the owners' addresses shown there
 on.
 (c) When property which is eligible for a Co-STAR assessment  pursuant
 to  this  section  constitutes  a cooperative apartment unit or a mobile
 home which is subject to the provisions of paragraph (a) of  subdivision
 6 of section 425-b of the real property tax law, as added by section one
 of this act, the assessor shall not be required to file the list or data
 file  required  by  such  paragraph  until the one hundred twentieth day
 after the effective date of this act, notwithstanding any  provision  in
 such subdivision to the contrary.
 

S  3-a. Processing of Co-STAR assessments for farmers assessment roll.
 (a) Application period for 2011.  Notwithstanding any provision  of  law
 to  the  contrary,  eligible farmers may submit applications for Co-STAR
 assessments pursuant to section 425-c of the real property tax  law,  as
 added  by section one of this act, on the 2011 assessment roll until the
 ninetieth day after the effective date of this  act.  Each  assessor  is
 hereby  authorized and directed to review and grant such applications as
 appropriate no later than the one hundred twentieth day after the effec
 tive date of this act. Provided, however, that in lieu of making entries
 directly on the 2011 assessment roll, the assessor shall prepare a sepa
 rate list or data file identifying the eligible parcels in such form and
 manner as may be prescribed by the state board of real property services
 in consultation with the department of taxation and  finance.  No  later
 than the one hundred twentieth day after the effective date of this act,
 the  assessor  shall  forward such list or data file to the state board,
 which shall forward the same to the department of taxation and  finance,
 together  with the maximum allowable Co-STAR assessment for each assess
 ing unit.
 (b) Notice and review of denial for  2011.    If  an  assessor  should
 determine  that a Co-STAR application submitted pursuant to this section
 should be denied, he or she shall so notify the applicant  by  certified
 mail,  return receipt requested, no later than the one hundred twentieth
 
       S. 4963                             9
 day after the effective date of this act.  No later than 10  days  after
 the  mailing  of such notice, the applicant may file a written complaint
 with the assessor. The provisions of section 553 of  the  real  property
 tax  law  shall  apply to the extent practicable to the review of such a
 complaint.
 (c) For 2012 notwithstanding the provisions of section  177-a  of  the
 tax  law,  as  added by section two of this act, for purposes of issuing
 rebates of county taxes for the county fiscal year  beginning  in  2012,
 the  department  of  taxation and finance may presume that the qualified
 owner-applicant or owner-applicants were the property owner or owners as
 of the applicable taxable status date, as shown on the  assessment  roll
 data  file filed with the state board of real property services pursuant
 to article 15-C of the real property tax law, or on  the  list  or  data
 file  forwarded  to  the state board pursuant to subdivision (a) of this
 section, and may further presume that the appropriate mailing  addresses
 are the owners' addresses shown thereon.
 (d)  When property which is eligible for a Co-STAR assessment pursuant
 to this section constitutes a cooperative apartment  unit  or  a  mobile
 home  which is subject to the provisions of paragraph (a) of subdivision
 9 of section 425-c of the real property tax law, as added by section one
 of this act, the assessor shall not be required to file the list or data
 file required by such paragraph until  the  one  hundred  twentieth  day
 after  the  effective date of this act, notwithstanding any provision in
 such subdivision to the contrary.
 

S 4. Subsection (e) of section 1310 of the tax law, as added by  chap
 ter  481  of  the  laws  of 1997, is relettered subsection (g) and a new
 subsection (h) is added to read as follows:

 (H) CITY CO-STAR CREDIT. (1) FOR TAXABLE  YEARS  BEGINNING  AFTER  TWO
 THOUSAND  ELEVEN,  A  CITY CO-STAR CREDIT SHALL BE ALLOWED FOR TAXPAYERS
 WHO HAVE ATTAINED THE AGE OF SIXTY-FIVE ON OR BEFORE THE  CLOSE  OF  THE
 TAXABLE  YEAR.  THE CREDIT SHALL BE ALLOWED AGAINST THE TAXES AUTHORIZED
 BY THIS ARTICLE REDUCED BY THE CREDITS PERMITTED BY THIS ARTICLE. IF THE
 CREDIT EXCEEDS THE TAX AS SO REDUCED, THE TAXPAYER MAY RECEIVE, AND  THE
 COMPTROLLER,  SUBJECT TO A CERTIFICATE OF THE COMMISSIONER, SHALL PAY AS
 AN OVERPAYMENT,  WITHOUT  INTEREST,  THE  AMOUNT  OF  SUCH  EXCESS.  FOR
 PURPOSES OF THIS SUBSECTION, NO CREDIT SHALL BE GRANTED TO AN INDIVIDUAL
 WITH  RESPECT  TO  WHOM  A DEDUCTION UNDER SUBSECTION (C) OF SECTION ONE
 HUNDRED FIFTY-ONE OF THE INTERNAL REVENUE CODE IS ALLOWABLE  TO  ANOTHER
 TAXPAYER FOR THE TAXABLE YEAR.
 (2) THE CREDIT SHALL BE DETERMINED UNDER THIS PARAGRAPH.
 (A) MARRIED INDIVIDUALS FILING JOINT RETURNS AND SURVIVING SPOUSES. IN
 THE CASE OF A HUSBAND AND WIFE WHO MAKE A SINGLE RETURN JOINTLY AND OF A
 SURVIVING SPOUSE:

 FOR  TAXABLE  YEARS  TWO THOUSAND ELEVEN AND AFTER THE CREDIT SHALL BE
 ONE HUNDRED TWENTY DOLLARS
 (B) ALL OTHERS. IN THE CASE OF AN UNMARRIED INDIVIDUAL, A  HEAD  OF  A
 HOUSEHOLD OR A MARRIED INDIVIDUAL FILING A SEPARATE RETURN:

 FOR  TAXABLE  YEARS  TWO THOUSAND ELEVEN AND AFTER THE CREDIT SHALL BE
 SIXTY DOLLARS
 

S 5. Subdivision (c) of section 11-1706 of the administrative code  of
 the  city  of  New York, as added by chapter 481 of the laws of 1997, is
 relettered subdivision (f) and a new subdivision (g) is added to read as
 follows:

 (G) CITY CO-STAR CREDIT. (1) FOR TAXABLE  YEARS  BEGINNING  AFTER  TWO
 THOUSAND  ELEVEN,  A  CITY CO-STAR CREDIT SHALL BE ALLOWED FOR TAXPAYERS
 WHO HAVE ATTAINED THE AGE OF SIXTY-FIVE ON OR BEFORE THE  CLOSE  OF  THE
 
       S. 4963                            10
 TAXABLE  YEAR.  THE CREDIT SHALL BE ALLOWED AGAINST THE TAXES IMPOSED BY
 THIS CHAPTER REDUCED BY THE CREDITS PERMITTED BY THIS  CHAPTER.  IF  THE
 CREDIT  EXCEEDS THE TAX AS SO REDUCED, THE TAXPAYER MAY RECEIVE, AND THE
 STATE COMPTROLLER, SUBJECT TO A CERTIFICATE OF THE STATE COMMISSIONER OF
 TAXATION AND FINANCE, SHALL PAY AS AN OVERPAYMENT, WITHOUT INTEREST, THE
 AMOUNT OF SUCH EXCESS. FOR PURPOSES OF THIS SUBDIVISION, NO CREDIT SHALL
 BE  GRANTED  TO  AN  INDIVIDUAL  WITH  RESPECT TO WHOM A DEDUCTION UNDER
 SUBSECTION (C) OF SECTION ONE HUNDRED FIFTY-ONE OF THE INTERNAL  REVENUE
 CODE IS ALLOWABLE TO ANOTHER TAXPAYER FOR THE TAXABLE YEAR.
 (2) THE CREDIT SHALL BE DETERMINED UNDER THIS PARAGRAPH.
 (A) MARRIED INDIVIDUALS FILING JOINT RETURNS AND SURVIVING SPOUSES. IN
 THE CASE OF A HUSBAND AND WIFE WHO MAKE A SINGLE RETURN JOINTLY AND OF A
 SURVIVING SPOUSE:

 FOR  TAXABLE  YEARS  TWO THOUSAND ELEVEN AND AFTER THE CREDIT SHALL BE
 ONE HUNDRED TWENTY DOLLARS
 (B) ALL OTHERS. IN THE CASE OF AN UNMARRIED INDIVIDUAL, A  HEAD  OF  A
 HOUSEHOLD OR A MARRIED INDIVIDUAL FILING A SEPARATE RETURN:

 FOR  TAXABLE  YEARS  TWO THOUSAND ELEVEN AND AFTER THE CREDIT SHALL BE
 SIXTY DOLLARS
 

S 6. The state finance law is amended by adding a new section  97-kkkk
 to read as follows:

 

S  97-KKKK.  CO-STAR  FUND. 1. THERE IS HEREBY ESTABLISHED IN THE SOLE
 CUSTODY OF THE COMMISSIONER OF TAXATION AND FINANCE A SPECIAL FUND TO BE
 KNOWN AS THE CO-STAR FUND.
 2. SUCH FUND SHALL CONSIST OF ALL MONIES CREDITED OR TRANSFERRED THER
 ETO FROM THE GENERAL FUND OR FROM ANY OTHER FUND OR SOURCES PURSUANT  TO
 LAW.
 3.  THE  MONIES  OF THE FUND SHALL BE AVAILABLE FOR PAYMENT OF CO-STAR
 REBATES AUTHORIZED BY SECTION ONE HUNDRED  SEVENTY-SEVEN-A  OF  THE  TAX
 LAW,  AND  NOTWITHSTANDING ANY OTHER PROVISION OF LAW, SHALL BE PAID OUT
 ON CHECKS ISSUED AND SIGNED SOLELY BY THE COMMISSIONER OF  TAXATION  AND
 FINANCE.
 

S 7. This act shall take effect immediately, provided, however:

 (a) 

Section  one of this act shall apply to assessment rolls filed in
 2012 and thereafter; and
 (b)

Section two of this act shall apply to county fiscal years  begin
 ning in 2013 and thereafter.

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