Authorizes State Street Presbyterian Church to file applications for a real property tax exemption with the city of Schenectady.
Sponsor: FARLEY
Law Section: Real Property Taxation
Sponsor: FARLEY
Law Section: Real Property Taxation
S3413A-2011 Actions
- Aug 3, 2011: SIGNED CHAP.335
- Jul 22, 2011: DELIVERED TO GOVERNOR
- Jun 16, 2011: returned to senate
- Jun 16, 2011: passed assembly
- Jun 16, 2011: ordered to third reading rules cal.367
- Jun 16, 2011: substituted for a5411a
- Jun 16, 2011: referred to ways and means
- Jun 16, 2011: DELIVERED TO ASSEMBLY
- Jun 16, 2011: PASSED SENATE
- Jun 7, 2011: AMENDED ON THIRD READING 3413A
- Jun 6, 2011: ADVANCED TO THIRD READING
- Jun 2, 2011: 2ND REPORT CAL.
- Jun 1, 2011: 1ST REPORT CAL.883
- Feb 18, 2011: REFERRED TO LOCAL GOVERNMENT
S3413A-2011 Calendars
Active List: Jun 16, 2011S3413A-2011 Votes
VOTE: FLOOR VOTE:
- Jun 16, 2011
Ayes (59): Adams, Addabbo, Alesi, Avella, Ball, Breslin, Carlucci, DeFrancisco, Diaz, Dilan, Duane, Espaillat, Farley, Flanagan, Fuschillo, Gallivan, Gianaris, Golden, Griffo, Grisanti, Hannon, Hassell-Thompson, Huntley, Johnson, Kennedy, Klein, Krueger, Kruger, Lanza, LaValle, Libous, Little, Marcellino, Martins, Maziarz, McDonald, Montgomery, Nozzolio, Oppenheimer, Parker, Peralta, Perkins, Ranzenhofer, Ritchie, Rivera, Robach, Saland, Sampson, Savino, Serrano, Seward, Skelos, Smith, Squadron, Stavisky, Stewart-Cousins, Valesky, Young, Zeldin
Nays (3): Bonacic, Larkin, O'Mara
S3413A-2011 Memo
BILL NUMBER:S3413A TITLE OF BILL: An act to authorize State Street Presbyterian Church to file an application for real property tax exemption PURPOSE: This bill authorizes the assessor of the City of Schenectady to accept a late application for certain real property tax exemptions for the 2010 assessment roll, and, if found eligible, to grant the exemption and refund any excess property taxes paid by the tax-exempt organization. SUMMARY OF PROVISIONS: Authorizes the assessor of the City of Schenectady to accept and evaluate an application for tax exemptions for the 2010 assessment roll even though the deadline for these applications has passed, and, if the Assessor finds that the entity and property are indeed tax exempt, permits the City to grant the exemption and refund any excess property taxes already paid. EXISTING LAW: Under current law, there is no authority for the Assessor to accept and evaluate late applications. The owner of a property would be exempt pursuant to section 420-a of the Real Property Tax law or article 78 of the Civil Practice Law and Rules. JUSTIFICATION: State Street Presbyterian Church was not granted tax exempt status for the 2010 assessment rolls due to an isolated oversight and must now rectify this situation through state legislation. This not-for-profit entity has provided many years of valuable charitable services to children and families in the City of Schenectady, and seeks their rightful property tax exemption to continue those efforts. FISCAL IMPLICATIONS: None. LOCAL FISCAL IMPLICATIONS: Will restore real property tax exemptions, which previously existed, returning relative shares of tax-exempt and taxpaying properties to their status in the prior years. EFFECTIVE DATE: Immediately, and applicable to the 2010 assessment roll.
S3413A-2011 Text
S T A T E O F N E W Y O R K
S. 3413--A A. 5411--A Cal. No. 883 2011-2012 Regular Sessions SENATE - ASSEMBLY February 18, 2011
IN SENATE -- Introduced by Sen. FARLEY -- read twice and ordered print ed, and when printed to be committed to the Committee on Local Govern ment -- reported favorably from said committee, ordered to first and second report, ordered to a third reading, amended and ordered reprinted, retaining its place in the order of third reading IN ASSEMBLY -- Introduced by M. of A. AMEDORE -- read once and referred to the Committee on Real Property Taxation -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee
AN ACT to authorize State Street Presbyterian Church to file an applica tion for real property tax exemption
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM BLY, DO ENACT AS FOLLOWS:
Section 1. Notwithstanding any other provision of law to the contrary, the assessor of the city of Schenectady is hereby authorized to accept from State Street Presbyterian Church an application for exemption from real property taxes pursuant to section 420-a of the real property tax law for the 2010 assessment roll for the parcel owned by such not-for profit organization which is located in the city of Schenectady, county of Schenectady at 3 Catherine Street, otherwise known as section 49.34, block 1, lot 1. If accepted, such application shall be reviewed as if it had been received on or before the taxable status date established for such roll. If satisfied that State Street Presbyterian Church would otherwise be entitled to such exemption if it had filed an application for exemption by the appropriate taxable status date, the assessor of the city of Schenectady may upon approval by the city council of such city, grant exemption from taxation based on the 2010 assessment roll and owing by such not-for-profit organization on the effective date of this act, and make appropriate correction of the subject roll. If such exemption is EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD08254-02-1
S. 3413--A 2 A. 5411--A granted and if such not-for-profit organization shall have paid any tax with respect to the subject roll, the governing body or tax department may, in its sole discretion, provide for the refund of those taxes paid and cancel taxes, fines, penalties or interest remaining unpaid.
S 2. This act shall take effect immediately.

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