Bill Text: NY A01841 | 2017-2018 | General Assembly | Amended


Bill Title: Relates to payments in lieu of taxes; improves how payments in lieu of taxes are collected.

Spectrum: Slight Partisan Bill (Democrat 16-8)

Status: (Vetoed) 2017-12-18 - tabled [A01841 Detail]

Download: New_York-2017-A01841-Amended.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                         1841--A
                               2017-2018 Regular Sessions
                   IN ASSEMBLY
                                    January 13, 2017
                                       ___________
        Introduced  by  M. of A. MORELLE, SCHIMMINGER, BARRETT, BRINDISI, MAGEE,
          LIFTON, BRONSON, GALEF, OAKS, WOERNER, LUPARDO, GOODELL, SEPULVEDA  --
          Multi-Sponsored  by  --  M.  of A. BUTLER, FINCH, McDONALD, MONTESANO,
          PALMESANO, SKARTADOS -- read once and referred  to  the  Committee  on
          Local  Governments  --  committee  discharged,  bill  amended, ordered
          reprinted as amended and recommitted to said committee
        AN ACT to amend the general municipal law  and  the  education  law,  in
          relation to payments in lieu of taxes
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Subparagraph (i) of  paragraph  (b)  of  subdivision  3  of
     2  section  3-c  of  the  general municipal law, as amended by section 2 of
     3  subpart C of part C of chapter 20 of the laws of  2015,  is  amended  to
     4  read as follows:
     5    (i) The commissioner of taxation and finance shall calculate a quanti-
     6  ty  change  factor  for each local government for the coming fiscal year
     7  based upon the physical or quantity change, as defined by section twelve
     8  hundred twenty of the real property tax law, reported to the commission-
     9  er of taxation and finance by the  assessor  or  assessors  pursuant  to
    10  section  five  hundred  seventy-five  of  the real property tax law. The
    11  quantity change factor shall show the percentage by which the full value
    12  of the taxable real property in the local government has changed due  to
    13  physical  or quantity change between the second final assessment roll or
    14  rolls preceding the final assessment roll or rolls upon which taxes  are
    15  to be levied, and the final assessment roll or rolls immediately preced-
    16  ing  the  final  assessment  roll  or  rolls  upon which taxes are to be
    17  levied[. The commissioner of taxation and finance shall, as appropriate,
    18  promulgate rules and regulations regarding the calculation of the  quan-
    19  tity  change factor which may adjust the calculation based on the devel-
    20  opment on tax exempt land], and shall include  the  change  in  assessed
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00937-04-7

        A. 1841--A                          2
     1  value  for  each  property  on  the exempt side of the tax rolls under a
     2  payment in lieu of tax agreement.
     3    § 2. Paragraph b of subdivision 2-a of section 2023-a of the education
     4  law, as amended by section 3 of subpart C of part C of chapter 20 of the
     5  laws of 2015, is amended to read as follows:
     6    b. The commissioner of taxation and finance shall calculate a quantity
     7  change  factor for the coming school year for each school district based
     8  upon the physical or quantity  change,  as  defined  by  section  twelve
     9  hundred twenty of the real property tax law, reported to the commission-
    10  er  of  taxation  and  finance  by the assessor or assessors pursuant to
    11  section five hundred seventy-five of the  real  property  tax  law.  The
    12  quantity change factor shall show the percentage by which the full value
    13  of  the  taxable real property in the school district has changed due to
    14  physical or quantity change between the second final assessment roll  or
    15  rolls  preceding the final assessment roll or rolls upon which taxes are
    16  to be levied, and the final assessment roll or rolls immediately preced-
    17  ing the final assessment roll or  rolls  upon  which  taxes  are  to  be
    18  levied[. The commissioner of taxation and finance shall, as appropriate,
    19  promulgate  rules and regulations regarding the calculation of the quan-
    20  tity change factor which may adjust the calculation based on the  devel-
    21  opment  on  tax  exempt  land], and shall include the change in assessed
    22  value for each property on the exempt side of  the  tax  rolls  under  a
    23  payment in lieu of tax agreement.
    24    § 3. This act shall take effect on the one hundred twentieth day after
    25  it  shall  have  become a law, provided, however, that the amendments to
    26  section 3-c of the general municipal  law  and  section  2023-a  of  the
    27  education  law  made  by sections one and two of this act, respectively,
    28  shall not affect the  repeal  of  such  sections  and  shall  be  deemed
    29  repealed  therewith.  Effective  immediately,  the  addition,  amendment
    30  and/or repeal of any rules or regulations necessary for the  implementa-
    31  tion  of  this act on its effective date are authorized to be made on or
    32  before such effective date.
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