S3235A-2011 Actions

• Jun 14, 2012: PRINT NUMBER 3235A
• Jun 14, 2012: AMEND (T) AND RECOMMIT TO LOCAL GOVERNMENT
• Jan 4, 2012: REFERRED TO LOCAL GOVERNMENT
• Feb 14, 2011: REFERRED TO LOCAL GOVERNMENT

S3235A-2011 Memo

BILL NUMBER:S3235A               REVISED 06/15/12

TITLE OF BILL:
An act
to provide for the taxation of certain real property in the county of
Rockland and providing for the repeal of such provisions upon
expiration thereof

PURPOSE OF THE BILL:
This bill will provide for a five year phase-in of a shift of
non-homestead tax share due to a court ordered assessment reduction
for any designated electric generating facility in the County of
Rockland.

SUMMARY OF PROVISIONS:
Section 1 of the bill provides that if there is a court-ordered
assessment reduction of an electric generating facility in the Town
of Haverstraw, when levying taxes for town, county or school
purposes, the non-homestead class must consist of two subclasses, one
containing electric generating facilities and the other containing
all other non-homestead property. For the fiscal years after such
reduction the non homestead class tax share will be allocated between
these two subclasses. This is down in order to preserve the
distribution between the two subclasses that existed when the taxes
were levied the fiscal year before the court ordered reduction
occurred. This is subject to adjustments for any physical changes.
The subclass share distribution will be annually adjusted to phase
out such preservation over the next 10 year period.

Section 2 Effective Date.

JUSTIFICATION:
Historically, court ordered assessment reductions for electric
generating facilities have resulted in a significant shifting of the
tax burden from the non-homestead class to the homestead
(residential) class which negatively impacts on the cost of home
ownership. This bill seeks to reduce the volatile impact of such a
burden shift by creating an orderly phased transition of such tax
share shift over ten years, commencing with the first final municipal
assessment roll prepared subsequent to such final court order.

PRIOR LEGISLATIVE HISTORY:
New Bill.

FISCAL IMPLICATIONS FOR STATE:
None.

EFFECTIVE DATE:
This act shall take effect immediately.

S3235A-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 S. 3235--A                                            A. 5122--A
 2011-2012 Regular Sessions
 SENATE - ASSEMBLY
 February 14, 2011
 
 IN  SENATE  --  Introduced  by  Sen.  CARLUCCI -- read twice and ordered
 printed, and when printed to be committed to the  Committee  on  Local
 Government  --  recommitted  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 commit
 tee
 IN ASSEMBLY -- Introduced by M. of A. ZEBROWSKI, JAFFEE -- read once and
 referred to the Committee on Real Property Taxation -- recommitted  to
 the  Committee  on  Real Property Taxation in accordance with Assembly
 Rule  3,  sec.  2  --  committee  discharged,  bill  amended,  ordered
 reprinted as amended and recommitted to said committee
 

AN ACT to provide for the taxation of certain real property in the coun
 ty  of  Rockland  and providing for the repeal of such provisions upon
 expiration thereof
 THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM
 BLY, DO ENACT AS FOLLOWS:

 

Section  1.  Notwithstanding  any provision of law to the contrary, if
 there is a court-ordered assessment reduction of an electric  generating
 facility  in the town of Haverstraw on or after July 1, 2012, when levy
 ing taxes for town, county, school and  village  purposes,  pursuant  to
 article  19 of the real property tax law upon the assessment roll of the
 town of Haverstraw, the non-homestead class shall be deemed  to  consist
 of two subclasses, one containing electric generating facilities and the
 other  containing all other non-homestead property. For the fiscal years
 commencing after such reduction, the non-homestead class tax share shall
 be allocated between these two subclasses so as to preserve the distrib
 ution between the two subclasses that existed when taxes were levied the
 fiscal year prior to such court ordered reduction of said town,  subject
 to  adjustments  for  any  physical changes, provided that such subclass
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD00497-03-2
 
       S. 3235--A                          2                         A. 5122--A
 share distribution shall be annually adjusted so as to  phase  out  such
 preservation over the subsequent 10 year period.
 

S  2.  This  act shall take effect immediately and shall expire and be
 deemed repealed June 30, 2030.

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