Relates to the base proportion in approved assessing units in Nassau county.
Ayes (63): Adams, Addabbo, Avella, Ball, Bonacic, Boyle, Breslin, Carlucci, DeFrancisco, Diaz, Dilan, Espaillat, Farley, Felder, Flanagan, Fuschillo, Gallivan, Gianaris, Gipson, Golden, Griffo, Grisanti, Hannon, Hassell-Thomps, Hoylman, Kennedy, Klein, Krueger, Lanza, Larkin, Latimer, LaValle, Libous, Little, Marcellino, Marchione, Martins, Maziarz, Montgomery, Nozzolio, O'Brien, O'Mara, Parker, Peralta, Perkins, Ranzenhofer, Ritchie, Rivera, Robach, Sampson, Sanders, Savino, Serrano, Seward, Skelos, Smith, Squadron, Stavisky, Stewart-Cousin, Tkaczyk, Valesky, Young, Zeldin
TITLE OF BILL: An act to amend the real property tax law, in relation to the base proportion in approved assessing units in Nassau county
PURPOSE OR GENERAL IDEA OF BILL: To allow approved assessing units under Article 19 of the Real Property Tax Law to adjust and limit the current base proportions to be determined by taxes based on such unit's 2013 assessment roll.
SUMMARY OF SPECIFIC PROVISIONS: This bill amends Section 1903 of the Real Property Tax Law by adding a new subparagraph (xiv) to subdivision 3 to cap the maximum class growth rate at 1% in an approved assessing unit for the purposes of the 2013 tax roll, provided that the such aforementioned assessing unit has passed a local law, ordinance or resolution providing therefor.
JUSTIFICATION: Currently, state law provides that the current base proportions of any class in an approved assessing unit may not exceed the adjusted base proportion for that class from the prior year by more than 5%. This legislation would adjust that rule, for one year only, to cap the maximum cap growth rate at 1%. The change would reduce the amount by which any class of property is allowed to grow. This legislation reduces the burden to a class of properties, a burden which would otherwise cause taxpayers in that class to see a rate increase and the result being a significant increase in class property tax bills. This bill proposes to limit the rate of growth to 1% to ensure that property tax liabilities are more equitably distributed between the unit's classes of property.
PRIOR LEGISLATIVE HISTORY: Chapter 94 of 2004, Chapter 20 of 2005, Chapter 24 of 2006, Chapter 46 of 2007, Chapter 123 of 2008, Chapter 382 of 2009, Chapter 273 of 2010, Chapter 36 of 2011, Chapter 30 of 2012.
FISCAL IMPLICATIONS: None to the state or localities.
EFFECTIVE DATE: This act shall take effect immediately and shall apply to the levy of taxes based on the 2013 assessment roll in approved assessing unit.
STATE OF NEW YORK ________________________________________________________________________ S. 3708 A. 4839 2013-2014 Regular Sessions S E N A T E - A S S E M B L Y February 11, 2013 ___________IN SENATE -- Introduced by Sen. MARTINS -- read twice and ordered print- ed, and when printed to be committed to the Committee on Local Govern- ment IN ASSEMBLY -- Introduced by M. of A. WEISENBERG -- read once and referred to the Committee on Real Property Taxation AN ACT to amend the real property tax law, in relation to the base proportion in approved assessing units in Nassau county THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Paragraph (a) of subdivision 3 of section 1903 of the real property tax law is amended by adding a new subparagraph (xiv) to read as follows: (XIV) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, IN AN APPROVED ASSESSING UNIT IN THE COUNTY OF NASSAU AND FOR CURRENT BASE PROPORTIONS TO BE DETERMINED BY TAXES BASED ON SUCH APPROVED ASSESSING UNIT'S TWO THOUSAND THIRTEEN ROLL, THE CURRENT BASE PROPORTION OF ANY CLASS SHALL NOT EXCEED THE ADJUSTED BASE PROPORTION OR ADJUSTED PROPORTION, WHICHEV- ER IS APPROPRIATE, OF THE IMMEDIATELY PRECEDING YEAR, BY MORE THAN ONE PERCENT, PROVIDED THAT SUCH APPROVED ASSESSING UNIT HAS PASSED A LOCAL LAW, ORDINANCE OR RESOLUTION PROVIDING THEREFOR. WHERE THE COMPUTATION OF CURRENT BASE PROPORTIONS WOULD OTHERWISE PRODUCE SUCH RESULT, THE CURRENT BASE PROPORTION OF SUCH CLASS OR CLASSES SHALL BE LIMITED TO SUCH ONE PERCENT INCREASE AND THE LEGISLATIVE BODY OF SUCH APPROVED ASSESSING UNIT SHALL ALTER THE CURRENT BASE PROPORTION OF EITHER CLASS SO THAT THE SUM OF THE CURRENT BASE PROPORTIONS EQUALS ONE. S 2. This act shall take effect immediately and shall apply to the levy of taxes based on the 2013 assessment roll in approved assessing units in the county of Nassau that pass a local law, ordinance or resol- ution to adopt these provisions.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD08527-01-3