Bill Text: NY S02122 | 2017-2018 | General Assembly | Amended


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

Spectrum: Moderate Partisan Bill (Republican 8-2)

Status: (Introduced - Dead) 2017-06-21 - SUBSTITUTED BY A1841A [S02122 Detail]

Download: New_York-2017-S02122-Amended.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                         2122--A
                               2017-2018 Regular Sessions
                    IN SENATE
                                    January 12, 2017
                                       ___________
        Introduced   by   Sens.  O'MARA,  CARLUCCI,  FUNKE,  GALLIVAN,  LATIMER,
          MARCHIONE, ORTT, RANZENHOFER,  RITCHIE,  VALESKY  --  read  twice  and
          ordered  printed, and when printed to be committed to the Committee on
          Local  Government  --  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
    21  value for each property on the exempt side of  the  tax  rolls  under  a
    22  payment in lieu of tax agreement.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00937-03-7

        S. 2122--A                          2
     1    § 2. Paragraph b of subdivision 2-a of section 2023-a of the education
     2  law, as amended by section 3 of subpart C of part C of chapter 20 of the
     3  laws of 2015, is amended to read as follows:
     4    b. The commissioner of taxation and finance shall calculate a quantity
     5  change  factor for the coming school year for each school district based
     6  upon the physical or quantity  change,  as  defined  by  section  twelve
     7  hundred twenty of the real property tax law, reported to the commission-
     8  er  of  taxation  and  finance  by the assessor or assessors pursuant to
     9  section five hundred seventy-five of the  real  property  tax  law.  The
    10  quantity change factor shall show the percentage by which the full value
    11  of  the  taxable real property in the school district has changed due to
    12  physical or quantity change between the second final assessment roll  or
    13  rolls  preceding the final assessment roll or rolls upon which taxes are
    14  to be levied, and the final assessment roll or rolls immediately preced-
    15  ing the final assessment roll or  rolls  upon  which  taxes  are  to  be
    16  levied[. The commissioner of taxation and finance shall, as appropriate,
    17  promulgate  rules and regulations regarding the calculation of the quan-
    18  tity change factor which may adjust the calculation based on the  devel-
    19  opment  on  tax  exempt  land], and shall include the change in assessed
    20  value for each property on the exempt side of  the  tax  rolls  under  a
    21  payment in lieu of tax agreement.
    22    § 3. This act shall take effect on the one hundred twentieth day after
    23  it  shall  have  become a law, provided, however, that the amendments to
    24  section 3-c of the general municipal  law  and  section  2023-a  of  the
    25  education  law  made  by sections one and two of this act, respectively,
    26  shall not affect the  repeal  of  such  sections  and  shall  be  deemed
    27  repealed  therewith.  Effective  immediately,  the  addition,  amendment
    28  and/or repeal of any rules or regulations necessary for the  implementa-
    29  tion  of  this act on its effective date are authorized to be made on or
    30  before such effective date.
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