Bill S1004A-2013

Authorizes state reimbursement to municipal corporations for tax revenue lost and expenses incurred as a result of the reduced assessment of forest land

Authorizes a procedure whereby the chief executive officer of a municipal corporation in which there is located privately owned forest lands which are exempt from real property taxes to make application to the state for reimbursement for revenues lost as a result of such exemption.

Details

Actions

  • Jan 17, 2014: PRINT NUMBER 1004A
  • Jan 17, 2014: AMEND AND RECOMMIT TO LOCAL GOVERNMENT
  • Jan 8, 2014: REFERRED TO LOCAL GOVERNMENT
  • Jan 9, 2013: REFERRED TO LOCAL GOVERNMENT

Memo

BILL NUMBER:S1004A

TITLE OF BILL: 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

PURPOSE: This bill will provide for full state reimbursement to local taxing jurisdictions for any tax revenue losses brought about by certain forest land exemptions

SUMMARY OF PROVISIONS: Provides that the chief executive officer of a municipal corporation may apply for state aid if the cumulative value of forest lands under sections 480 and 480-a of the real property tax law is less than its fully equalized value were section 480 and 480-a not applicable

EXISTING LAW:

Sections 480 and 480-a of the real property law provide for a significant reduction in the amount of taxes paid on forested lands. The law does not, however, provide for full state reimbursement to local taxing jurisdictions as a result of forest land tax exemptions.

JUSTIFICATION:

Sections 480 and 480-a of the real property tax law grant exemptions to certain forest land which decreases the tax base of many towns and counties in Southern New York State. Since the presence of forest lands benefit the state as a whole, it seems only fair and equitable that any losses of real property revenue incurred by the local taxing jurisdiction, be reimbursed by the state as a whole.

LEGISLATIVE HISTORY: 2013: S. 1004 referred to Local Government; A. 1712 referred to real property taxation 2011/12: S. 1491 referred to Local Government 2009/10: S. 690 referred to Local Government 2007/08: S. 1056-B referred to Local Government

FISCAL IMPLICATIONS: To be determined

LOCAL FISCAL IMPLICATIONS: Would provide increased funding to local governments

EFFECTIVE DATE: This act shall taxes 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, 2016.


Text

STATE OF NEW YORK ________________________________________________________________________ 1004--A 2013-2014 Regular Sessions IN SENATE (PREFILED) January 9, 2013 ___________
Introduced by Sen. LITTLE -- read twice and ordered printed, and when printed to be committed to the Committee on Local Government -- recom- mitted to the Committee on Local Government in accordance with Senate Rule 6, sec. 8 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee 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 COMMISSIONER AND SHALL CONTAIN SUCH INFORMATION AND DOCUMENTATION AS MAY BE REQUIRED BY THE COMMISSION- ER AND THE COMMISSIONER 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 COMMISSIONER AND THE CUMULATIVE VALUE OF ALL SUCH LANDS SHALL BE EQUALIZED BY APPLYING THERETO THE APPROPRIATE STATE EQUALIZATION RATE OR SPECIAL EQUALIZATION RATE ESTAB- LISHED IN ACCORDANCE WITH THE RULES OF THE COMMISSIONER. (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 COMMISSIONER 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 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 COMMISSIONER AND SHALL CONTAIN SUCH INFORMATION AND DOCUMENTATION AS MAY BE REQUIRED BY THE COMMISSION- ER AND THE COMMISSIONER 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 COMMISSIONER AND THE CUMULATIVE VALUE OF ALL SUCH LANDS SHALL BE EQUALIZED BY APPLYING THERETO THE APPROPRIATE STATE EQUALIZATION RATE OR SPECIAL EQUALIZATION RATE ESTAB- LISHED IN ACCORDANCE WITH THE RULES OF THE COMMISSIONER. (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 COMMISSIONER 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, 2016.

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