Bill Text: NY S02386 | 2011-2012 | General Assembly | Introduced

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Bill Title: Provides that charges for counsel or experts designated by the attorney general in proceedings to review special franchise assessments shall be borne by the state and not the assessing unit.

Spectrum: Partisan Bill (Republican 3-0)

Status: (Introduced - Dead) 2012-01-04 - REFERRED TO LOCAL GOVERNMENT [S02386 Detail]

Download: New_York-2011-S02386-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         2386
                              2011-2012 Regular Sessions
                                   I N  S E N A T E
                                   January 19, 2011
                                      ___________
       Introduced  by  Sens.  SEWARD,  LARKIN,  RANZENHOFER  --  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 charges for
         counsel or experts in certain review proceedings
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1. Section 742 of the real property tax law, subdivision 1 as
    2  amended by chapter 732 of the laws of  1983,  the  section  heading  and
    3  subdivision 1 as further amended by section 1 of part W of chapter 56 of
    4  the laws of 2010, is amended to read as follows:
    5    S  742.   Appearance by commissioner in proceeding to review a special
    6  franchise assessment. [1.] In any proceeding to review a  special  fran-
    7  chise  assessment,  the commissioner may appear by counsel designated by
    8  the attorney general.  The attorney general or such counsel  may  employ
    9  experts.   The compensation of such counsel and experts and their neces-
   10  sary expenses incurred in such proceeding and upon  any  appeal  therein
   11  shall be BORNE BY THE STATE AND SHALL NOT BE a charge upon the assessing
   12  unit  upon whose rolls appears the assessment sought to be reviewed [and
   13  the amount thereof shall be audited, allowed and paid in the same manner
   14  as other claims against the assessing unit.  Where the assessment  of  a
   15  special  franchise  in  more  than one assessing unit is reviewed in one
   16  proceeding, separate accounts for such compensation and  expenses  shall
   17  be  rendered  to  the proper officer of each of the assessing units. Any
   18  charge  imposed  pursuant  to  this  subdivision  shall  be  limited  to
   19  proceedings commenced by a special franchise owner.
   20    2.   If provision has not been made for the payment of such expense in
   21  any year, the officers who are empowered by law to make such  provisions
   22  in any assessing unit shall raise such amount as may be necessary in any
   23  manner provided by law and shall pay such expense therefrom].
   24    S 2. This act shall take effect immediately.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
       S                                                          LBD05747-02-1