S2866A-2011 Actions

• Jan 23, 2012: PRINT NUMBER 2866A
• Jan 23, 2012: AMEND AND RECOMMIT TO CITIES
• Jan 4, 2012: REFERRED TO CITIES
• Mar 8, 2011: REPORTED AND COMMITTED TO FINANCE
• Feb 2, 2011: REFERRED TO CITIES

S2866A-2011 Votes

S2866A-2011 Memo

BILL NUMBER:S2866

TITLE OF BILL:
An act
to amend the general municipal law
and the municipal home rule law, in
relation to establishing limitations upon
real property
tax levies in cities with a population of one million or more

PURPOSE:
This bill would control the ever-rising property tax by limiting
the amount by which the City of New York may increase property
taxes each year.

SUMMARY OF PROVISIONS:
Section 1 of the bill would add a new � 3-d to
the General Municipal Law to establish a real property tax levy
cap for New York City.

Under the property tax levy cap:

* New York City may not its property tax levy by more than 2
percent or the rate of inflation (whichever is less).

* New York City may exceed the tax levy cap only if the City
Council, by a two-thirds vote by local law overriding the tax
levy cap.

* The cap will have limited exceptions including:

o Personal injury settlements that exceed 10 percent of the taxing
entity's budget;

o Certain capital expenditures; and

o The increase or decrease in the city cost of state mandated social
services assistance to persons eligible for public assistance
(including those programs Temporary Assistance to Needy Families
("TANF") program, or the Safety Net Assistance Program ("SNAP")).

o The State Comptroller will determine the tax levy limitations for
local governments that are consolidated or dissolved.

o Any excess levy funds that are collected due to clerical or
technical errors will be held in reserve.

JUSTIFICATION:
New York property taxes are among the highest taxes in the nation.
When you combine State and local taxes, New York has the second
highest property taxes in the nation. The median U.S. property tax
paid is $1,917 and in New York it is $3,755--96 percent higher than
the national median. Moreover, New York has the highest local taxes
in America as a percentage of personal income--79 percent above the
national average.


New York City residents are looking for relief from high property tax
increases. Such increases jeopardize their quality of life and the
ability to stay in their homes. This bill would limit, New York
City's ability to raise property levies, up to 2%. This bill will
relieve taxpayers from unexpected high property tax increases.

This measure will force the City to budget more responsibly without
looking at property taxpayers as a way to balance its budget. This
proposal will allow property owners to budget for their property
taxes. It will also prevent city government from burdening the people
with outrageous increases. By limiting future increases, families --
and especially those on fixed incomes -- would have a much better
sense of what they need to budget. This bill will also help reign in
out of control government spending."

FISCAL IMPLICATIONS:
This bill would benefit taxpayers in the City of New York by limiting
the annual amount of real property taxes the City can levy.

LEGISLATIVE HISTORY:
New bill.

EFFECTIVE DATE:
This act shall take effect immediately and shall first apply to the
levy of taxes by cities having a population of one million or more
for the fiscal year that begins in 2012.

S2866A-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 2866--A
 2011-2012 Regular Sessions
 I N  SENATE
 February 2, 2011
 
 Introduced  by  Sens.  LANZA,  ADDABBO, AVELLA, GOLDEN, KLEIN, SAVINO -
 read twice and ordered printed, and when printed to  be  committed  to
 the  Committee  on Cities -- recommitted to the Committee on Cities in
 accordance with Senate Rule 6, sec. 8 --  committee  discharged,  bill
 amended,  ordered reprinted as amended and recommitted to said commit
 tee
 

AN ACT to amend the general municipal law and the  municipal  home  rule
 law,  in  relation  to establishing limitations upon real property tax
 levies in cities with a population of one million or more
 THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM
 BLY, DO ENACT AS FOLLOWS:

 

Section  1.  The  general  municipal  law  is  amended by adding a new
 section 3-d to read as follows:

 

S 3-D. LIMITATION UPON REAL PROPERTY TAX LEVIES  BY  CITIES  HAVING  A
 POPULATION OF ONE MILLION OR MORE.  1. UNLESS OTHERWISE PROVIDED BY LAW,
 THE  AMOUNT OF REAL PROPERTY TAXES THAT MAY BE LEVIED BY OR ON BEHALF OF
 ANY CITY HAVING A POPULATION OF ONE MILLION OR MORE SHALL NOT EXCEED THE
 TAX LEVY LIMITATION ESTABLISHED PURSUANT TO THIS SECTION.
 2. WHEN USED IN THIS SECTION:

 (A) "ALLOWABLE LEVY GROWTH FACTOR" SHALL BE THE LESSER OF: (I) ONE AND
 TWO ONE-HUNDREDTHS; OR (II) THE SUM OF ONE PLUS  THE  INFLATION  FACTOR;
 PROVIDED,  HOWEVER, THAT IN NO CASE SHALL THE LEVY GROWTH FACTOR BE LESS
 THAN ONE.
 (B) "APPROVED CAPITAL EXPENDITURES" MEANS THE EXPENDITURES  ASSOCIATED
 WITH CAPITAL PROJECTS THAT HAVE BEEN APPROVED BY THE QUALIFIED VOTERS OF
 THE LOCAL GOVERNMENT.
 (C) "AVAILABLE CARRYOVER" MEANS THE SUM OF THE AMOUNT BY WHICH THE TAX
 LEVY  FOR  THE  PRIOR  FISCAL YEAR WAS BELOW THE TAX LEVY LIMIT FOR SUCH
 FISCAL YEAR, IF ANY, BUT NO MORE THAN ONE AND ONE-HALF  PERCENT  OF  THE
 TAX LEVY LIMIT FOR SUCH FISCAL YEAR.
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD09054-02-2
 
       S. 2866--A                          2
 (D) "CAPITAL TAX LEVY" MEANS THE TAX LEVY NECESSARY TO SUPPORT CAPITAL
 EXPENDITURES, IF ANY.
 (E) "COMING FISCAL YEAR" MEANS THE FISCAL YEAR OF THE LOCAL GOVERNMENT
 FOR  WHICH  A  TAX  LEVY LIMITATION SHALL BE DETERMINED PURSUANT TO THIS
 SECTION.
 (F) "INFLATION FACTOR" MEANS THE QUOTIENT OF: (I) THE AVERAGE  OF  THE
 NATIONAL  CONSUMER PRICE INDEXES DETERMINED BY THE UNITED STATES DEPART
 MENT OF LABOR FOR THE TWELVE-MONTH PERIOD ENDING SIX MONTHS PRIOR TO THE
 START OF THE COMING FISCAL  YEAR  MINUS  THE  AVERAGE  OF  THE  NATIONAL
 CONSUMER  PRICE  INDEXES  DETERMINED  BY THE UNITED STATES DEPARTMENT OF
 LABOR FOR THE TWELVE-MONTH PERIOD ENDING SIX MONTHS PRIOR TO  THE  START
 OF  THE  PRIOR FISCAL YEAR, DIVIDED BY: (II) THE AVERAGE OF THE NATIONAL
 CONSUMER PRICE INDEXES DETERMINED BY THE  UNITED  STATES  DEPARTMENT  OF
 LABOR  FOR  THE TWELVE-MONTH PERIOD ENDING SIX MONTHS PRIOR TO THE START
 OF THE PRIOR FISCAL YEAR, WITH THE RESULT EXPRESSED AS A DECIMAL TO FOUR
 PLACES.
 (G) "LOCAL GOVERNMENT" MEANS A CITY HAVING A POPULATION OF ONE MILLION
 OR MORE.
 (H) "PRIOR FISCAL YEAR" MEANS THE FISCAL YEAR OF THE LOCAL  GOVERNMENT
 IMMEDIATELY PRECEDING THE COMING FISCAL YEAR.
 (I) "TAX LEVY LIMITATION" MEANS THE AMOUNT OF TAXES A LOCAL GOVERNMENT
 IS  AUTHORIZED TO LEVY PURSUANT TO THIS SECTION, PROVIDED, HOWEVER, THAT
 THE TAX LEVY LIMIT SHALL NOT INCLUDE  THE  LOCAL  GOVERNMENT'S  APPROVED
 CAPITAL TAX LEVY, IF ANY.
 3.  (A)  BEGINNING  WITH  THE  FISCAL YEAR THAT BEGINS IN TWO THOUSAND
 TWELVE, NO LOCAL GOVERNMENT SHALL ADOPT A BUDGET  THAT  REQUIRES  A  TAX
 LEVY  THAT IS GREATER THAN THE TAX LEVY LIMITATION FOR THE COMING FISCAL
 YEAR.
 (B) THE STATE COMPTROLLER SHALL CALCULATE THE TAX LEVY LIMITATION  FOR
 EACH  LOCAL  GOVERNMENT  BY  THE ONE HUNDRED TWENTIETH DAY PRECEDING THE
 COMMENCEMENT OF EACH LOCAL GOVERNMENT'S FISCAL YEAR,  AND  SHALL  NOTIFY
 EACH LOCAL GOVERNMENT OF THE TAX LEVY LIMITATION SO DETERMINED.
 (C) THE TAX LEVY LIMITATION APPLICABLE TO THE COMING FISCAL YEAR SHALL
 BE DETERMINED AS FOLLOWS:

 (I)  ASCERTAIN  THE  TOTAL AMOUNT OF TAXES LEVIED FOR THE PRIOR FISCAL
 YEAR.
 (II) ADD ANY PAYMENTS IN LIEU OF TAXES THAT  WERE  RECEIVABLE  IN  THE
 PRIOR FISCAL YEAR.
 (III)  SUBTRACT  THE  APPROVED  CAPITAL  TAX LEVY FOR THE PRIOR FISCAL
 YEAR, IF ANY.
 (IV) SUBTRACT THE LEVY ATTRIBUTABLE TO A LARGE LEGAL SETTLEMENT  OF  A
 TORT  ACTION EXCLUDED FROM THE LEVY LIMITATION IN THE PRIOR FISCAL YEAR,
 IF ANY.
 (V) MULTIPLY THE RESULT BY THE ALLOWABLE LEVY GROWTH FACTOR.
 (VI) SUBTRACT ANY PAYMENTS IN LIEU OF TAXES RECEIVABLE IN  THE  COMING
 FISCAL YEAR.
 (VII) ADD THE AVAILABLE CARRYOVER, IF ANY.
 (D) IN THE EVENT THE CITY COUNCIL OF A LOCAL GOVERNMENT HAS APPROVED A
 LEGAL  SETTLEMENT  OF  A  TORT ACTION AGAINST THE GOVERNMENT, THE ANNUAL
 COSTS OF WHICH EXCEED TEN PERCENT OF THE PROPERTY TAXES  LEVIED  BY  THE
 LOCAL  GOVERNMENT  IN THE PRIOR FISCAL YEAR, THE STATE COMPTROLLER, UPON
 APPLICATION BY THE LOCAL GOVERNMENT, MAY ADJUST THE TAX LEVY  LIMITATION
 FOR  THE  COMING  FISCAL  YEAR  APPLICABLE  TO SUCH LOCAL GOVERNMENT, BY
 ADDING THE ANNUAL COSTS OF SUCH SETTLEMENT TO THE TAX LEVY LIMITATION.
 (E) THE STATE COMPTROLLER SHALL DETERMINE THE PORTION OF THE TAX  LEVY
 OF  EACH  LOCAL  GOVERNMENT  THAT  IS  ATTRIBUTABLE  TO  ANY INCREASE OR
 
       S. 2866--A                          3
 DECREASE OVER THE PRIOR YEAR IN THE COST OF THE LOCAL  GOVERNMENT  SHARE
 OF  DIRECT CASH ASSISTANCE TO PERSONS ELIGIBLE FOR THE FEDERAL-STATE-LO
 CAL TEMPORARY ASSISTANCE TO NEEDY FAMILIES PROGRAM  OR  THE  STATE-LOCAL
 SAFETY  NET  ASSISTANCE PROGRAM AND SHALL ADJUST THE TAX LEVY LIMITATION
 FOR SUCH LOCAL GOVERNMENT TO REFLECT SUCH CHANGE.
 4. A LOCAL GOVERNMENT MAY ADOPT A BUDGET THAT REQUIRES A TAX LEVY THAT
 IS GREATER THAN THE TAX LEVY LIMITATION FOR THE COMING FISCAL YEAR  ONLY
 IF  THE  CITY  COUNCIL  OF  SUCH  LOCAL  GOVERNMENT  FIRST  ENACTS, BY A
 TWO-THIRDS VOTE OF THE TOTAL VOTING POWER OF SUCH CITY COUNCIL, A  LOCAL
 LAW TO OVERRIDE SUCH LIMITATION FOR SUCH COMING FISCAL YEAR ONLY.
 5.  IN  THE  EVENT  A  LOCAL  GOVERNMENT'S ACTUAL TAX LEVY FOR A GIVEN
 FISCAL YEAR EXCEEDS THE MAXIMUM ALLOWABLE LEVY AS  ESTABLISHED  PURSUANT
 TO  THIS  SECTION DUE TO CLERICAL OR TECHNICAL ERRORS, THE LOCAL GOVERN
 MENT SHALL PLACE THE EXCESS AMOUNT OF THE LEVY IN RESERVE IN  ACCORDANCE
 WITH SUCH REQUIREMENTS AS THE STATE COMPTROLLER MAY PRESCRIBE, AND SHALL
 USE  SUCH  FUNDS  AND ANY INTEREST EARNED THEREON TO OFFSET THE TAX LEVY
 FOR THE ENSUING FISCAL YEAR.
 

S 2. Paragraphs j and k of subdivision 2 of section 23 of the  munici
 pal home rule law are relettered k and l, and a new paragraph j is added
 to read as follows:

 J.  OVERRIDES THE TAX LEVY LIMITATION APPLICABLE FOR THE COMING FISCAL
 YEAR IN ACCORDANCE WITH SECTION THREE-D OF THE GENERAL MUNICIPAL LAW.
 

S  3.  This act shall take effect immediately and shall first apply to
 the levy of taxes by local governments for the fiscal year  that  begins
 in 2013.

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