Bill Text: NY S01491 | 2011-2012 | General Assembly | Introduced

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Bill Title: Authorizes a procedure whereby the chief executive officer of a municipal corporation in which there is located privately owned forest lands which are exempt from real property taxes to make application to the state for reimbursement for revenues lost as a result of such exemption.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2012-01-11 - PRINT NUMBER 1491A [S01491 Detail]

Download: New_York-2011-S01491-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         1491
                              2011-2012 Regular Sessions
                                   I N  S E N A T E
                                    January 7, 2011
                                      ___________
       Introduced  by  Sen.  LITTLE -- read twice and ordered printed, and when
         printed to be committed to the Committee on Local Government
       AN ACT to amend the real property tax law, in relation to the assessment
         of private forest lands and to provide state assistance  to  municipal
         corporations relating thereto
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Section 480 of the real property  tax  law  is  amended  by
    2  adding a new subdivision 10 to read as follows:
    3    10.  (A)  THE  CHIEF  EXECUTIVE  OFFICER OF A MUNICIPAL CORPORATION IN
    4  WHICH THERE ARE PRIVATELY OWNED  FOREST  LANDS  WHICH  ARE  ASSESSED  IN
    5  ACCORDANCE  WITH THE PROVISIONS OF SUBDIVISION THREE OF THIS SECTION MAY
    6  MAKE APPLICATION FOR STATE ASSISTANCE AS PROVIDED IN THIS SUBDIVISION.
    7    (B) APPLICATION FOR STATE  ASSISTANCE  PURSUANT  TO  THIS  SUBDIVISION
    8  SHALL  BE MADE ON A FORM PRESCRIBED BY THE STATE BOARD AND SHALL CONTAIN
    9  SUCH INFORMATION AND DOCUMENTATION AS MAY BE REQUIRED BY THE STATE BOARD
   10  AND THE STATE BOARD MAY PROMULGATE RULES AND  REGULATIONS  NECESSARY  TO
   11  THE IMPLEMENTATION OF THIS SUBDIVISION.
   12    (C) UPON RECEIPT OF THE APPLICATION FOR STATE ASSISTANCE, SUCH PRIVATE
   13  FOREST LANDS SHALL BE VALUED BY THE STATE BOARD AND THE CUMULATIVE VALUE
   14  OF ALL SUCH LANDS SHALL BE EQUALIZED BY APPLYING THERETO THE APPROPRIATE
   15  STATE  EQUALIZATION  RATE  OR  SPECIAL  EQUALIZATION RATE ESTABLISHED IN
   16  ACCORDANCE WITH THE RULES OF THE STATE BOARD.
   17    (D) IF THE CUMULATIVE VALUE DETERMINED AND EQUALIZED PURSUANT TO PARA-
   18  GRAPH (C) OF THIS SUBDIVISION EXCEEDS THE TAXABLE ASSESSED VALUATION  OF
   19  SUCH  PROPERTY ON THE PRECEDING ASSESSMENT ROLL, AS REQUIRED BY SUBDIVI-
   20  SION THREE OF THIS SECTION THE STATE BOARD SHALL COMPUTE THE  AMOUNT  OF
   21  STATE  ASSISTANCE PAYABLE TO OR FOR THE BENEFIT OF EACH MUNICIPAL CORPO-
   22  RATION BY APPLYING TO THE AMOUNT OF THE EXCESS THE APPROPRIATE TAX  RATE
   23  OF  THE MUNICIPAL CORPORATION AND SUCH AMOUNT SHALL BE PAID ON AUDIT AND
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD02007-01-1
       S. 1491                             2
    1  WARRANT OF THE COMPTROLLER OUT OF MONEYS APPROPRIATED  BY  THE  LEGISLA-
    2  TURE.
    3    S 2. Section 480-a of the real property tax law is amended by adding a
    4  new subdivision 11 to read as follows:
    5    11.  (A)  THE  CHIEF  EXECUTIVE  OFFICER OF A MUNICIPAL CORPORATION IN
    6  WHICH THERE ARE PRIVATELY OWNED  FOREST  LANDS  WHICH  ARE  ASSESSED  IN
    7  ACCORDANCE  WITH THE PROVISIONS OF THIS SECTION MAY MAKE APPLICATION FOR
    8  STATE ASSISTANCE AS PROVIDED IN THIS SUBDIVISION.
    9    (B) APPLICATION FOR STATE  ASSISTANCE  PURSUANT  TO  THIS  SUBDIVISION
   10  SHALL  BE MADE ON A FORM PRESCRIBED BY THE STATE BOARD AND SHALL CONTAIN
   11  SUCH INFORMATION AND DOCUMENTATION AS MAY BE REQUIRED BY THE STATE BOARD
   12  AND THE STATE BOARD MAY PROMULGATE RULES AND  REGULATIONS  NECESSARY  TO
   13  THE IMPLEMENTATION OF THIS SUBDIVISION.
   14    (C) UPON RECEIPT OF THE APPLICATION FOR STATE ASSISTANCE, SUCH PRIVATE
   15  FOREST LANDS SHALL BE VALUED BY THE STATE BOARD AND THE CUMULATIVE VALUE
   16  OF ALL SUCH LANDS SHALL BE EQUALIZED BY APPLYING THERETO THE APPROPRIATE
   17  STATE  EQUALIZATION  RATE  OR  SPECIAL  EQUALIZATION RATE ESTABLISHED IN
   18  ACCORDANCE WITH THE RULES OF THE STATE BOARD.
   19    (D) IF THE CUMULATIVE VALUE DETERMINED AND EQUALIZED PURSUANT TO PARA-
   20  GRAPH (C) OF THIS SUBDIVISION EXCEEDS THE TAXABLE ASSESSED VALUATION  OF
   21  SUCH  PROPERTY  ON  THE  PRECEDING  ASSESSMENT ROLL, AS REQUIRED BY THIS
   22  SECTION THE STATE BOARD SHALL COMPUTE THE  AMOUNT  OF  STATE  ASSISTANCE
   23  PAYABLE  TO OR FOR THE BENEFIT OF EACH MUNICIPAL CORPORATION BY APPLYING
   24  TO THE AMOUNT OF THE EXCESS THE APPROPRIATE TAX RATE  OF  THE  MUNICIPAL
   25  CORPORATION  AND  SUCH  AMOUNT SHALL BE PAID ON AUDIT AND WARRANT OF THE
   26  COMPTROLLER OUT OF MONEYS APPROPRIATED BY THE LEGISLATURE.
   27    S 3. This act shall take effect immediately and shall apply  to  taxes
   28  levied  upon  assessment  rolls  prepared on the basis of taxable status
   29  dates occurring on or after January 1, 2013.