A427-2011 Actions

• Jan 4, 2012: referred to real property taxation
• Jan 5, 2011: referred to real property taxation

A427-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                          427
 2011-2012 Regular Sessions
 I N  ASSEMBLY
 (PREFILED)
 January 5, 2011
 
 Introduced  by M. of A. GUNTHER -- read once and referred to the Commit
 tee on Real Property Taxation
 

AN ACT to amend the real property tax law, in relation to the assessment
 of private forest lands and to provide state assistance  to  municipal
 corporations relating thereto
 

THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM
 BLY, DO ENACT AS FOLLOWS:

 

Section 1.

Section 480 of the real property  tax  law  is  amended  by
 adding a new subdivision 10 to read as follows:

 10.  (A)  THE  CHIEF  EXECUTIVE  OFFICER OF A MUNICIPAL CORPORATION IN
 WHICH THERE ARE PRIVATELY OWNED  FOREST  LANDS  WHICH  ARE  ASSESSED  IN
 ACCORDANCE  WITH THE PROVISIONS OF SUBDIVISION THREE OF THIS SECTION MAY
 MAKE APPLICATION FOR STATE ASSISTANCE AS PROVIDED IN THIS SUBDIVISION.
 (B) APPLICATION FOR STATE  ASSISTANCE  PURSUANT  TO  THIS  SUBDIVISION
 SHALL  BE MADE ON A FORM PRESCRIBED BY THE STATE BOARD AND SHALL CONTAIN
 SUCH INFORMATION AND DOCUMENTATION AS MAY BE REQUIRED BY THE STATE BOARD
 AND THE STATE BOARD MAY PROMULGATE RULES AND  REGULATIONS  NECESSARY  TO
 THE IMPLEMENTATION OF THIS SUBDIVISION.
 (C) UPON RECEIPT OF THE APPLICATION FOR STATE ASSISTANCE, SUCH PRIVATE
 FOREST LANDS SHALL BE VALUED BY THE STATE BOARD AND THE CUMULATIVE VALUE
 OF ALL SUCH LANDS SHALL BE EQUALIZED BY APPLYING THERETO THE APPROPRIATE
 STATE  EQUALIZATION  RATE  OR  SPECIAL  EQUALIZATION RATE ESTABLISHED IN
 ACCORDANCE WITH THE RULES OF THE STATE BOARD.
 (D) IF THE CUMULATIVE VALUE DETERMINED AND EQUALIZED PURSUANT TO PARA
 GRAPH (C) OF THIS SUBDIVISION EXCEEDS THE TAXABLE ASSESSED VALUATION  OF
 SUCH  PROPERTY ON THE PRECEDING ASSESSMENT ROLL, AS REQUIRED BY SUBDIVI
 SION THREE OF THIS SECTION THE STATE BOARD SHALL COMPUTE THE  AMOUNT  OF
 STATE  ASSISTANCE PAYABLE TO OR FOR THE BENEFIT OF EACH MUNICIPAL CORPO
 RATION BY APPLYING TO THE AMOUNT OF THE EXCESS THE APPROPRIATE TAX  RATE
 OF  THE MUNICIPAL CORPORATION AND SUCH AMOUNT SHALL BE PAID ON AUDIT AND
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD02007-01-1
 
       A. 427                              2
 WARRANT OF THE COMPTROLLER OUT OF MONEYS APPROPRIATED  BY  THE  LEGISLA
 TURE.
 

S 2.

Section 480-a of the real property tax law is amended by adding a
 new subdivision 11 to read as follows:

 11.  (A)  THE  CHIEF  EXECUTIVE  OFFICER OF A MUNICIPAL CORPORATION IN
 WHICH THERE ARE PRIVATELY OWNED  FOREST  LANDS  WHICH  ARE  ASSESSED  IN
 ACCORDANCE  WITH THE PROVISIONS OF THIS SECTION MAY MAKE APPLICATION FOR
 STATE ASSISTANCE AS PROVIDED IN THIS SUBDIVISION.
 (B) APPLICATION FOR STATE  ASSISTANCE  PURSUANT  TO  THIS  SUBDIVISION
 SHALL  BE MADE ON A FORM PRESCRIBED BY THE STATE BOARD AND SHALL CONTAIN
 SUCH INFORMATION AND DOCUMENTATION AS MAY BE REQUIRED BY THE STATE BOARD
 AND THE STATE BOARD MAY PROMULGATE RULES AND  REGULATIONS  NECESSARY  TO
 THE IMPLEMENTATION OF THIS SUBDIVISION.
 (C) UPON RECEIPT OF THE APPLICATION FOR STATE ASSISTANCE, SUCH PRIVATE
 FOREST LANDS SHALL BE VALUED BY THE STATE BOARD AND THE CUMULATIVE VALUE
 OF ALL SUCH LANDS SHALL BE EQUALIZED BY APPLYING THERETO THE APPROPRIATE
 STATE  EQUALIZATION  RATE  OR  SPECIAL  EQUALIZATION RATE ESTABLISHED IN
 ACCORDANCE WITH THE RULES OF THE STATE BOARD.
 (D) IF THE CUMULATIVE VALUE DETERMINED AND EQUALIZED PURSUANT TO PARA
 GRAPH (C) OF THIS SUBDIVISION EXCEEDS THE TAXABLE ASSESSED VALUATION  OF
 SUCH  PROPERTY  ON  THE  PRECEDING  ASSESSMENT ROLL, AS REQUIRED BY THIS
 SECTION THE STATE BOARD SHALL COMPUTE THE  AMOUNT  OF  STATE  ASSISTANCE
 PAYABLE  TO OR FOR THE BENEFIT OF EACH MUNICIPAL CORPORATION BY APPLYING
 TO THE AMOUNT OF THE EXCESS THE APPROPRIATE TAX RATE  OF  THE  MUNICIPAL
 CORPORATION  AND  SUCH  AMOUNT SHALL BE PAID ON AUDIT AND WARRANT OF THE
 COMPTROLLER OUT OF MONEYS APPROPRIATED BY THE LEGISLATURE.
 

S 3. This act shall take effect immediately and shall apply  to  taxes
 levied  upon  assessment  rolls  prepared on the basis of taxable status
 dates occurring on or after January 1, 2013.

*By contributing or voting you agree to the Terms of Participation and Privacy Policy and verify you are over 13.

Discuss!