Bill S6359-2009

Establishes a capped property school tax rate for persons seventy years of age or older who meet the eligibility requirements for the enhanced STAR exemption

Establishes a capped property school tax rate for persons seventy years of age or older who meet the eligibility requirements for the enhanced STAR exemption.

Details

Actions

  • Jun 1, 2010: REPORTED AND COMMITTED TO FINANCE
  • Jan 6, 2010: REFERRED TO AGING
  • Dec 28, 2009: REFERRED TO RULES

Votes

VOTE: COMMITTEE VOTE: - Aging - Jun 1, 2010
Ayes (9): Diaz, Oppenheimer, Kruger, Stavisky, Savino, Serrano, Addabbo, Flanagan, LaValle
Ayes W/R (2): Golden, Farley
Nays (1): Ranzenhofer

Memo

 BILL NUMBER:  S6359

TITLE OF BILL : An act to amend the real property tax law, in relation to establishing a capped real property school tax rate for persons seventy years of age or older who meet the eligibility requirements for the enhanced STAR exemption

PURPOSE OR GENERAL IDEA : To create a fixed real property school tax rate for real property owners seventy (70) years of age or older who qualify for the enhanced STAR exemption.

SUMMARY OF PROVISIONS : This bill amends the real property tax law by establishing a fixed real property school tax rate for persons seventy years of age or over who meet the requirements for the enhanced STAR exemption.

The enhanced STAR exemption is available for the primary residences of senior citizens with yearly household incomes not exceeding the statewide standard.

1: (a) Under the bill, residential real property owned and occupied by: individuals who are seventy years of age or over; or by husband and wife, one of whom is seventy years of age or over and meets each of the requirements for the enhanced STAR exemption, shall be eligible for a fixed real property school tax rate.

(b) Under the bill, "fixed real property school tax rate" shall mean the lower of:

(i) the real property school tax rate established on the taxable status date immediately following the date on which an eligible person attains the age of seventy years; or

(ii)the real property school tax rate established on any taxable status date after an eligible person attains the age of seventy years

(c) Under the bill the fixed real property school tax rate shall be determined annually for each eligible person.

2: The bill requires eligible persons to apply annually for the fixed rate in a manner and form determined by the school district. The bill also requires eligible persons to submit proof of age.

3: Every school district shall notify residential real property owners of the provisions of this bill.

JUSTIFICATION : By the time New Yorkers attain the age of seventy, they typically no longer have dependants in the New York State school system. This bill is designed to benefit New York's senior citizens who are seventy years of age or older by freezing real property school tax rates. By providing a fixed school tax rate to persons aged seventy or older, this bill ensures some tax relief to persons no longer reaping the benefits that the real property school tax provides.

LEGISLATIVE HISTORY : New Bill.

FISCAL IMPLICATIONS : To be determined.

EFFECTIVE DATE : This act shall take effect on January 1, 2011.

Text

STATE OF NEW YORK ________________________________________________________________________ 6359 2009-2010 Regular Sessions IN SENATE December 28, 2009 ___________
Introduced by Sen. FOLEY -- read twice and ordered printed, and when printed to be committed to the Committee on Rules AN ACT to amend the real property tax law, in relation to establishing a capped real property school tax rate for persons seventy years of age or older who meet the eligibility requirements for the enhanced STAR exemption 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 431 to read as follows: S 431. PERSONS SEVENTY YEARS OF AGE OR OVER; CAPPED REAL PROPERTY SCHOOL TAX RATE. 1. (A) RESIDENTIAL REAL PROPERTY OWNED AND OCCUPIED BY ONE OR MORE PERSONS, EACH OF WHOM IS SEVENTY YEARS OF AGE OR OVER AND MEETS EACH OF THE REQUIREMENTS FOR THE ENHANCED EXEMPTION FOR SENIOR CITIZENS SET FORTH IN SECTION FOUR HUNDRED TWENTY-FIVE OF THIS ARTICLE, OR RESIDENTIAL REAL PROPERTY OWNED AND OCCUPIED BY HUSBAND AND WIFE, ONE OF WHOM IS SEVENTY YEARS OF AGE OR OVER AND MEETS EACH OF THE REQUIRE- MENTS FOR THE ENHANCED EXEMPTION FOR SENIOR CITIZENS SET FORTH IN SECTION FOUR HUNDRED TWENTY-FIVE OF THIS ARTICLE, SHALL BE ELIGIBLE FOR THE CAPPED REAL PROPERTY SCHOOL TAX RATE SET FORTH IN THIS SECTION, PROVIDED THE SCHOOL DISTRICT, AFTER PUBLIC HEARING, ADOPTS A RESOLUTION PROVIDING THEREFOR. (B) FOR PURPOSES OF THIS SECTION, THE TERM "CAPPED REAL PROPERTY SCHOOL TAX RATE" SHALL MEAN THE LOWER OF: (I) THE REAL PROPERTY SCHOOL TAX RATE ESTABLISHED ON THE TAXABLE STATUS DATE NEXT SUCCEEDING THE DATE ON WHICH AN ELIGIBLE PERSON ATTAINS THE AGE OF SEVENTY YEARS; OR (II) THE REAL PROPERTY SCHOOL TAX RATE ESTABLISHED ON ANY TAXABLE STATUS DATE SUBSEQUENT TO THE DATE ON WHICH AN ELIGIBLE PERSON ATTAINS THE AGE OF SEVENTY YEARS, WHICH IS LOWER THAN THE REAL PROPERTY SCHOOL TAX RATE ESTABLISHED PURSUANT TO SUBPARAGRAPH (I) OF THIS PARAGRAPH.
(C) THE CAPPED REAL PROPERTY SCHOOL TAX RATE SHALL BE DETERMINED ANNU- ALLY FOR EACH ELIGIBLE PERSON SEVENTY YEARS OF AGE OR OLDER IN ACCORD- ANCE WITH THE PROVISIONS OF PARAGRAPHS (A) AND (B) OF THIS SUBDIVISION. 2. ANY PERSON ELIGIBLE FOR THE CAPPED REAL PROPERTY SCHOOL TAX RATE SHALL APPLY ANNUALLY FOR SUCH CAPPED RATE. SUCH APPLICATION SHALL BE MADE IN A MANNER AND FORM DETERMINED BY THE STATE BOARD AND SHALL REQUIRE PROOF OF THE APPLICANT'S AGE. SUCH APPLICATION SHALL BE FILED WITH THE LOCAL ASSESSOR ON OR BEFORE THE TAXABLE STATUS DATE FOR SUCH DISTRICT. 3. EVERY SCHOOL DISTRICT SHALL NOTIFY, OR CAUSE TO BE NOTIFIED, EACH PERSON OWNING RESIDENTIAL REAL PROPERTY IN THE SCHOOL DISTRICT OF THE PROVISIONS OF THIS SECTION. THE PROVISIONS OF THIS SUBDIVISION MAY BE MET BY A NOTICE SENT TO SUCH PERSONS IN SUBSTANTIALLY THE FOLLOWING FORM: "RESIDENTIAL REAL PROPERTY OWNED BY PERSONS SEVENTY YEARS OF AGE OR OLDER MAY BE ELIGIBLE FOR A CAPPED REAL PROPERTY SCHOOL TAX RATE. TO RECEIVE SUCH CAPPED RATE, ELIGIBLE OWNERS OF QUALIFYING PROPERTY MUST FILE AN APPLICATION WITH THEIR LOCAL ASSESSOR ON OR BEFORE THE APPLICA- BLE TAXABLE STATUS DATE. FOR FURTHER INFORMATION, PLEASE CONTACT YOUR LOCAL ASSESSOR." 4. A SCHOOL DISTRICT WHICH PROVIDES A CAPPED REAL PROPERTY SCHOOL TAX RATE FOR PERSONS SEVENTY YEARS OF AGE OR OVER PURSUANT TO THIS SECTION SHALL BE ELIGIBLE FOR REIMBURSEMENT BY THE DEPARTMENT OF EDUCATION, AS APPROVED BY THE COMMISSIONER OF EDUCATION, IN CONSULTATION WITH THE EXECUTIVE DIRECTOR OF THE OFFICE OF REAL PROPERTY SERVICES, FOR ONE HUNDRED PERCENT OF THE DIRECT COST TO SUCH SCHOOL DISTRICT RESULTING FROM THE IMPLEMENTATION OF THIS SECTION. SUCH DIRECT COST SHALL BE CALCULATED PURSUANT TO REGULATIONS OF THE COMMISSIONER OF EDUCATION, IN CONSULTATION WITH THE EXECUTIVE DIRECTOR OF THE OFFICE OF REAL PROPERTY SERVICES. A CLAIM FOR SUCH REIMBURSEMENT SHALL BE MADE BY SUCH SCHOOL DISTRICT IN A MANNER AND FORM PRESCRIBED BY THE COMMISSIONER OF EDUCA- TION. S 2. This act shall take effect January 1, 2011 and shall apply to assessment rolls prepared on the basis of taxable status dates occurring on or after such date.

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