Bill S7458-2013

Relates to the mandatory application of the agricultural assessment

Relates to the mandatory application of the agricultural assessment; eliminates the special taxing jurisdiction's option of whether or not to apply agricultural assessments, regardless of location or time of establishment.

Details

Actions

  • May 15, 2014: REFERRED TO AGRICULTURE

Memo

BILL NUMBER:S7458

TITLE OF BILL: An act to amend the agriculture and markets law, in relation to eliminating the special taxing jurisdiction's option of whether to apply agricultural assessments, regardless of location or time of establishment

PURPOSE OR GENERAL IDEA OF BILL: To make uniform across all municipalities the application of these special agricultural assessments and ad valorem

SUMMARY OF SPECIFIC PROVISIONS:

Section 1 amends Subdivision 6 of Section 305 of the agriculture and markets law by replacing may, an option, to shall, a requirement for the benefit assessments of fire, fire protection, or ambulance districts

Section 2 amends Subdivision 5 of Section 306 of the agriculture and markets law by replacing may, an option, to shall, a requirement for the benefit assessments of fire, fire protection, or ambulance districts

Section 3 includes the effective date

JUSTIFICATION: Currently, there are thousands of units of local government that apply special agricultural assessments in an inconsistent fashion - this legislation will ensure that the agricultural assessment be applied uniformly from the smallest to the largest local governments.

PRIOR LEGISLATIVE HISTORY: New bill

FISCAL IMPLICATIONS: None

EFFECTIVE DATE: This act shall take effect immediately


Text

STATE OF NEW YORK ________________________________________________________________________ 7458 IN SENATE May 15, 2014 ___________
Introduced by Sen. TKACZYK -- read twice and ordered printed, and when printed to be committed to the Committee on Agriculture AN ACT to amend the agriculture and markets law, in relation to elimi- nating the special taxing jurisdiction's option of whether to apply agricultural assessments, regardless of location or time of establish- ment THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision 6 of section 305 of the agriculture and markets law, as amended by chapter 590 of the laws of 1994, is amended to read as follows: 6. Use of assessment for certain purposes. The governing body of a fire, fire protection, or ambulance district for which a benefit assess- ment or a special ad valorem levy is made, [may] SHALL adopt a resol- ution to provide that the assessment determined pursuant to subdivision one of this section for such property shall be used for the benefit assessment or special ad valorem levy of such fire, fire protection, or ambulance district. S 2. Subdivision 5 of section 306 of the agriculture and markets law, as added by chapter 568 of the laws of 1996, is amended to read as follows: 5. Use of assessment for certain purposes. The governing body of a water, lighting, sewer, sanitation, fire, fire protection, or ambulance district for whose benefit a special assessment or a special ad valorem levy is imposed, [may] SHALL adopt a resolution to provide that the assessments determined pursuant to subdivision one of this section for property within the district shall be used for the special assessment or special ad valorem levy of such special district. S 3. This act shall take effect immediately.

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