Bill Text: NY A05190 | 2011-2012 | General Assembly | Introduced
Bill Title: Requires the establishment of a commercial assessment ratio for a county with a population of more than nine hundred twenty-three thousand, but less than nine hundred twenty-four thousand.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2012-01-04 - referred to real property taxation [A05190 Detail]
Download: New_York-2011-A05190-Introduced.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 5190 2011-2012 Regular Sessions I N A S S E M B L Y February 14, 2011 ___________ Introduced by M. of A. ABINANTI -- read once and referred to the Commit- tee on Real Property Taxation AN ACT to amend the real property tax law, in relation to creating a county commercial assessment ratio THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: 1 Section 1. The real property tax law is amended by adding a new 2 section 1215 to read as follows: 3 S 1215. ESTABLISHMENT OF A COUNTY COMMERCIAL ASSESSMENT RATIO. 1. FOR 4 PURPOSES OF THIS SECTION: 5 (A) "MARKET VALUE RATIO" MEANS THE RATIO OF ASSESSED VALUE TO FULL 6 VALUE OF THE TAXABLE REAL PROPERTY ON A FINAL ASSESSMENT ROLL; 7 (B) "MAJOR TYPE B" PROPERTY MEANS A GROUP OF TAXABLE PARCELS DESIG- 8 NATED AS COMMERCIAL PROPERTY INCLUDING APARTMENTS, INDUSTRIAL PROPERTY, 9 RECREATION AND ENTERTAINMENT PROPERTY, TAXABLE COMMUNITY SERVICES PROP- 10 ERTY, AND PUBLIC SERVICES PROPERTY NOT CONTAINED WITH MAJOR TYPE D PROP- 11 ERTY: EXCEPT IN A HOMESTEAD ASSESSING UNIT, MAJOR TYPE B PROPERTY ALSO 12 INCLUDES RESIDENTIAL PROPERTY NOT IN MAJOR TYPE A; 13 (C) "NON-REASSESSMENT MUNICIPALITY" MEANS ANY MUNICIPALITY THAT IS NOT 14 DESIGNATED AS A REASSESSMENT MUNICIPALITY; 15 (D) "MAJOR TYPE A" PROPERTY MEANS RESIDENTIAL REAL PROPERTY OTHER THAN 16 APARTMENTS, EXCEPT THAT FOR A HOMESTEAD ASSESSING UNIT, MAJOR TYPE A 17 DESIGNATES THE HOMESTEAD CLASS AS DEFINED IN SECTION NINETEEN HUNDRED 18 ONE OF THIS CHAPTER; AND 19 (E) "MAJOR TYPE D" DESIGNATES PUBLIC SERVICES UTILITY REAL PROPERTY, 20 NOT INCLUDING CEILING RAILROAD AND SPECIAL FRANCHISE PROPERTY. 21 2. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, FOR AN 22 ASSESSING UNIT CONTAINED IN ANY COUNTY WITH A POPULATION OF MORE THAN 23 NINE HUNDRED TWENTY-THREE THOUSAND BUT LESS THAN NINE HUNDRED 24 TWENTY-FOUR THOUSAND AS DETERMINED BY THE TWO THOUSAND FEDERAL DECENNIAL EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD06230-02-1 A. 5190 2 1 CENSUS THERE SHALL BE ESTABLISHED A COMMERCIAL ASSESSMENT RATIO AS 2 FOLLOWS: 3 (A) SIXTY DAYS PRIOR TO THE DATE FOR FILING THE TENTATIVE ASSESSMENT 4 ROLL OF AN ASSESSING UNIT, THE COMMISSIONER SHALL ESTABLISH THE COMMER- 5 CIAL ASSESSMENT RATIO FOR SUCH CITY, TOWN OR VILLAGE PROVIDED THAT (I) 6 THE COMMISSIONER IS REQUIRED BY LAW TO ESTABLISH A STATE EQUALIZATION 7 RATE FOR SUCH CITY, TOWN OR VILLAGE, AND HAS ESTABLISHED SUCH EQUALIZA- 8 TION RATE, AND (II) THAT SUCH CITY, TOWN OR VILLAGE IS NOT A SPECIAL 9 ASSESSING UNIT AS DEFINED IN SECTION EIGHTEEN HUNDRED ONE OF THIS CHAP- 10 TER, AND (III) THE CITY, TOWN OR VILLAGE IS NOT COMPLETING A REVALUATION 11 OR UPDATE. IN THE CASE OF A CITY IN A COUNTY HAVING A COUNTY DEPARTMENT 12 OF ASSESSMENT WITH THE POWER TO ASSESS REAL PROPERTY, THE COMMISSIONER 13 ALSO SHALL ESTABLISH A COMMERCIAL ASSESSMENT RATIO FOR THAT PORTION OF 14 THE COUNTY ROLL CONTAINING THE ASSESSMENTS OF TAXABLE REAL PROPERTY IN 15 SUCH CITY. 16 (B) SUCH COMMERCIAL ASSESSMENT RATIO SHALL BE THE MARKET VALUE RATIO 17 FOR MAJOR TYPE B PROPERTY FOR NON-REASSESSMENT MUNICIPALITIES ESTAB- 18 LISHED PURSUANT TO THE RULES, REGULATIONS AND PROCEDURES PROMULGATED BY 19 THE COMMISSIONER FOR THE ESTABLISHMENT OF STATE EQUALIZATION RATES. 20 (C) NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION ONE OF THIS SECTION, 21 A CITY, TOWN, OR VILLAGE MAY BY LOCAL LAW PROVIDE THAT NO COMMERCIAL 22 ASSESSMENT RATIO SHALL BE APPLICABLE WITHIN ITS JURISDICTION. 23 S 2. Subparagraph 3 of paragraph (b) of subdivision 3 of section 720 24 of the real property tax law is amended by adding a new clause (e) to 25 read as follows: 26 (E) IN ASSESSING UNITS THAT HAVE AN ESTABLISHED COUNTY COMMERCIAL 27 ASSESSMENT RATIO OTHER THAN SPECIAL ASSESSING UNITS AS DEFINED IN 28 SECTION EIGHTEEN HUNDRED ONE OF THIS CHAPTER, AND UPON THE REVIEW OF AN 29 ASSESSMENT OF MAJOR TYPE B PROPERTY AS DEFINED IN SECTION TWELVE HUNDRED 30 FIFTEEN OF THIS CHAPTER, THE COMMERCIAL ASSESSMENT RATIO ESTABLISHED FOR 31 THE ROLL CONTAINING THE ASSESSMENT UNDER REVIEW. 32 S 3. This act shall take effect immediately and shall apply beginning 33 with the 2011 assessment roll.