S2216-2013 Actions

• Jan 14, 2013: REFERRED TO LOCAL GOVERNMENT

S2216-2013 Memo

BILL NUMBER:S2216

TITLE OF BILL:  An act to amend the real property tax law, in relation
to creating a county commercial assessment ratio

PURPOSE:  To establish a state commercial assessment ratio for major
type B property for use in article 7 proceedings reviewing assessments
of major type B commercial properties for counties.

SUMMARY OF PROVISIONS:  This bill creates a new section of the RPTL by
adding section 1215, which establishes a commercial assessment ratio
for major type B commercial property and amends section 720 of the
RPTL permitting its use in article 7 proceedings reviewing the
assessments of major type B commercial property.

JUSTIFICATION:  Many assessing units have experienced unprecedented
appreciation in residential property values over the last few years
while commercial property values have remained constant or have
appreciated slightly.  This appreciation in residential property
values has caused the state equalization rates for these assessing
units to drop drastically.  Therefore, the current state equalization
rate does not accurately reflect the changes in the values of
commercial property. The annual establishment of state equalization
rates alone in a rising residential market is creating artificial
over-assessment of commercial property. This bill attempts to correct
this by creating a commercial assessment ratio that counties can use.

LEGISLATIVE HISTORY:  2011-2012: S.6749 - Referred to Local Government

FISCAL IMPLICATIONS: Needs to be determined.

EFFECTIVE DATE:  The act shall take effect immediately and apply
beginning with the 2013 assessment rolls.

S2216-2013 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                         2216
 2013-2014 Regular Sessions
 I N  SENATE
 January 14, 2013
 
 Introduced  by Sen. CARLUCCI -- 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, in  relation  to  creating  a
 county commercial assessment ratio
 

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  a  new
 section 1215 to read as follows:

 

S 1215. ESTABLISHMENT OF A STATE COMMERCIAL ASSESSMENT RATIO FOR COUN
 TIES.  1. FOR PURPOSES OF THIS SECTION:

 (A)  "MARKET  VALUE  RATIO"  MEANS THE RATIO OF ASSESSED VALUE TO FULL
 VALUE OF THE TAXABLE REAL PROPERTY ON A FINAL ASSESSMENT ROLL;
 (B) "MAJOR TYPE B" PROPERTY MEANS A GROUP OF  TAXABLE  PARCELS  DESIG
 NATED  AS COMMERCIAL PROPERTY INCLUDING APARTMENTS, INDUSTRIAL PROPERTY,
 RECREATION AND ENTERTAINMENT PROPERTY, TAXABLE COMMUNITY SERVICES  PROP
 ERTY, AND PUBLIC SERVICES PROPERTY NOT CONTAINED WITH MAJOR TYPE D PROP
 ERTY:  EXCEPT  IN A HOMESTEAD ASSESSING UNIT, MAJOR TYPE B PROPERTY ALSO
 INCLUDES RESIDENTIAL PROPERTY NOT IN MAJOR TYPE A;
 (C) "NON-REASSESSMENT MUNICIPALITY" MEANS ANY MUNICIPALITY THAT IS NOT
 DESIGNATED AS A REASSESSMENT MUNICIPALITY;
 (D) "MAJOR TYPE A" PROPERTY MEANS RESIDENTIAL REAL PROPERTY OTHER THAN
 APARTMENTS, EXCEPT THAT FOR A HOMESTEAD ASSESSING  UNIT,  MAJOR  TYPE  A
 DESIGNATES  THE  HOMESTEAD  CLASS AS DEFINED IN SECTION NINETEEN HUNDRED
 ONE OF THIS CHAPTER; AND
 (E) "MAJOR TYPE D" DESIGNATES PUBLIC SERVICES UTILITY  REAL  PROPERTY,
 NOT INCLUDING CEILING RAILROAD AND SPECIAL FRANCHISE PROPERTY.
 2.  NOTWITHSTANDING  ANY OTHER PROVISION OF LAW TO THE CONTRARY, THERE
 SHALL BE ESTABLISHED A COMMERCIAL ASSESSMENT RATIO AS FOLLOWS:

 (A) UPON FINAL COMPLETION EACH YEAR OF THE  ASSESSMENT  ROLL  OF  EACH
 CITY,  TOWN AND VILLAGE, THE COMMISSIONER SHALL ESTABLISH THE COMMERCIAL
 ASSESSMENT RATIO FOR SUCH CITY, TOWN OR VILLAGE PROVIDED  THAT  (I)  THE
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD05321-02-3
 
       S. 2216                             2
 COMMISSIONER  IS  REQUIRED BY LAW TO ESTABLISH A STATE EQUALIZATION RATE
 FOR SUCH CITY, TOWN OR VILLAGE, AND HAS  ESTABLISHED  SUCH  EQUALIZATION
 RATE,  AND (II) THAT SUCH CITY, TOWN OR VILLAGE IS NOT A SPECIAL ASSESS
 ING UNIT AS DEFINED IN SECTION EIGHTEEN HUNDRED ONE OF THIS CHAPTER, AND
 (III)  THE  CITY,  TOWN  OR  VILLAGE  IS NOT COMPLETING A REVALUATION OR
 UPDATE. IN THE CASE OF A CITY IN A COUNTY HAVING A COUNTY DEPARTMENT  OF
 ASSESSMENT WITH THE POWER TO ASSESS REAL PROPERTY, THE COMMISSIONER ALSO
 SHALL  ESTABLISH  A  COMMERCIAL ASSESSMENT RATIO FOR THAT PORTION OF THE
 COUNTY ROLL CONTAINING THE ASSESSMENTS OF TAXABLE REAL PROPERTY IN  SUCH
 CITY.
 (B)  SUCH  COMMERCIAL ASSESSMENT RATIO SHALL BE THE MARKET VALUE RATIO
 FOR MAJOR TYPE B PROPERTY  FOR  NON-REASSESSMENT  MUNICIPALITIES  ESTAB
 LISHED  PURSUANT TO THE RULES, REGULATIONS AND PROCEDURES PROMULGATED BY
 THE COMMISSIONER FOR THE ESTABLISHMENT OF STATE EQUALIZATION RATES.
 3.  THE PROVISIONS OF THIS SECTION SHALL NOT APPLY  TO  ANY  ASSESSING
 UNIT  UNLESS  THE  COUNTY IN WHICH SUCH ASSESSING UNIT IS LOCATED ADOPTS
 SUCH PROVISIONS THROUGH LOCAL LAW OR RESOLUTION.
 

S 2. Subparagraph 3 of paragraph (b) of subdivision 3 of  section  720
 of  the  real  property tax law is amended by adding a new clause (e) to
 read as follows:

 (E) ALL ASSESSING UNITS, OTHER THAN SPECIAL ASSESSING UNITS AS DEFINED
 IN SECTION EIGHTEEN HUNDRED ONE OF THIS CHAPTER, AND UPON THE REVIEW  OF
 AN  ASSESSMENT  OF  MAJOR  TYPE  B PROPERTY AS DEFINED IN SECTION TWELVE
 HUNDRED FIFTEEN OF THIS CHAPTER, THE COMMERCIAL ASSESSMENT RATIO  ESTAB
 LISHED FOR THE ROLL CONTAINING THE ASSESSMENT UNDER REVIEW.
 

S  3. This act shall take effect immediately and shall apply beginning
 with the 2013 assessment roll.

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