Extends the authority for villages to hold tax lien sales.
Ayes (8): Martins, Ball, Little, McDonald, Ritchie, Stewart-Cousins, Oppenheimer, Klein
TITLE OF BILL: An act to amend chapter 602 of the laws of 1993 amending the real property tax law relating to the enforcement of the collection of delinquent real property taxes and to the collection of taxes by banks, in relation to the enforcement of the collection of taxes in certain villages
PURPOSE OR GENERAL IDEA OF BILL: To extend for three additional years the authority for villages to hold annual tax lien sales as a means of enforcing collection of delinquent taxes.
SUMMARY OF SPECIFIC PROVISIONS: Amends subdivision (c) of §6 of Chapter 602 of the Laws of 1993, to provide that any village which adopted a local law by September 1, 1994, authorizing such village to continue to enforce unpaid property taxes by tax lien sale, may continue to hold tax lien sales for village taxes which become liens in 2013, 2014 and 2015.
JUSTIFICATION: Chapter 602 of the Laws of 1993, which became effective on January 1, 1995, comprehensively reformed the method by which local governments enforce the collection of unpaid real property taxes. Part of that reform included eliminating municipal authority to enforce unpaid taxes via tax lien sales. However, Chapter 602 authorized counties, cities and towns with local charters that included tax enforcement provisions including tax lien sales - to opt out of the new enforcement system by adopting a local law prior to July 1, 1994. To address the needs of the 165 villages for whom their county does not enforce village taxes, the Legislature then enacted Chapter 532 of the Laws of 1994, amending Chapter 602 to provide that any village using tax lien sales as a means of tax enforcement was authorized to enact a local law retaining the right to continue to hold annual tax lien sales for village taxes that became liens in 1995, 1996 and 1997. This was then extended several times to allow for tax lien sales through 2012. More than 100 villages passed such a local law, and continue to rely upon tax lien sales.
A tax lien sale is NOT the public sale of property, but rather the public sale of the current year's delinquent property taxes on a property. By selling such liens, villages are able to recoup the -outstanding delinquent taxes owed the village, including interest penalties and charges.
Additionally, the public notice of the impending sale of tax liens serves to encourage delinquent taxpayers to remit full payment of their property taxes. For many villages, particularly in the downstate region, annual tax lien sales serve as a critical cash flow device. without such tax lien sales, villages would be required to raise an additional amount of property taxes to cover delinquencies. This bill would allow villages to continue to use tax lien sales for village taxes levied in 2013, 2014 and 2015.
PRIOR LEGISLATIVE HISTORY: This is a new bill. The previous extension of this legislation was included in Chapter 230 of the Laws of 2009.
FISCAL IMPLICATIONS: None to the State. will enable tax enforcing villages to continue holding tax lien sales to reduce their tax delinquency liability, thereby relieving pressure on the property tax.
EFFECTIVE DATE: This act shall take effect immediately.
STATE OF NEW YORK ________________________________________________________________________ S. 6929 A. 9816 S E N A T E - A S S E M B L Y April 13, 2012 ___________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. SCHIMEL -- read once and referred to the Committee on Real Property Taxation AN ACT to amend chapter 602 of the laws of 1993 amending the real prop- erty tax law relating to the enforcement of the collection of delin- quent real property taxes and to the collection of taxes by banks, in relation to the enforcement of the collection of taxes in certain villages THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision (c) of section 6 of chapter 602 of the laws of 1993 amending the real property tax law relating to the enforcement of the collection of delinquent real property taxes and to the collection of taxes by banks, as amended by chapter 230 of the laws of 2009, is amended to read as follows: (c) A village which conducted a tax sale in 1993 pursuant to section 1454 of the real property tax law is hereby authorized to adopt a local law without referendum, no later than September 1, 1994, providing that the collection of taxes that shall become liens on or after January 1, 1995 and on or before December 31,
2015 shall be enforced pursu- ant to title 3 of article 14 of the real property tax law, as the same shall have been in effect on the last day preceding the effective date of this act. A copy of such local law shall be filed with the state board of equalization and assessment no later than October 1, 1994. S 2. This act shall take effect immediately and shall be deemed to have been in full force and effect on and after July 26, 1994.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD15262-01-2