Bill Text: NY S03195 | 2017-2018 | General Assembly | Introduced
Bill Title: Establishes a capped real property school tax rate for persons seventy years of age or older who meet the eligibility requirements for the enhanced school tax relief exemption.
Spectrum: Partisan Bill (Republican 7-0)
Status: (Engrossed - Dead) 2018-05-07 - referred to real property taxation [S03195 Detail]
Download: New_York-2017-S03195-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ S. 3195 A. 2533 2017-2018 Regular Sessions SENATE - ASSEMBLY January 20, 2017 ___________ IN SENATE -- Introduced by Sens. LAVALLE, GALLIVAN, MURPHY, RITCHIE, SERINO, SEWARD, YOUNG -- read twice and ordered printed, and when printed to be committed to the Committee on Aging IN ASSEMBLY -- Introduced by M. of A. ENGLEBRIGHT, MONTESANO, BENEDETTO, ABBATE, PAULIN -- Multi-Sponsored by -- M. of A. GUNTHER, LUPARDO, MAGEE, McDONOUGH, RA, RAIA, RAMOS, THIELE -- read once and referred to the Committee on Real Property Taxation AN ACT to amend the real property tax law, in relation to establishing a capped real property school tax rate for persons seventy years of age or older who meet the eligibility requirements for the enhanced STAR exemption 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 431 to read as follows: 3 § 431. Persons seventy years of age or over; capped real property 4 school tax rate. 1. (a) Residential real property owned and occupied by 5 one or more persons, each of whom is seventy years of age or over and 6 meets each of the requirements for the enhanced exemption for senior 7 citizens set forth in section four hundred twenty-five of this article, 8 or residential real property owned and occupied by husband and wife, one 9 of whom is seventy years of age or over and meets each of the require- 10 ments for the enhanced exemption for senior citizens set forth in 11 section four hundred twenty-five of this article, shall be eligible for 12 the capped real property school tax rate set forth in this section, 13 provided the school district, after public hearing, adopts a resolution 14 providing therefor. 15 (b) For purposes of this section, the term "capped real property 16 school tax rate" shall mean the lower of: EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD03170-01-7S. 3195 2 A. 2533 1 (i) the real property school tax rate established on the taxable 2 status date next succeeding the date on which an eligible person attains 3 the age of seventy years; or 4 (ii) the real property school tax rate established on any taxable 5 status date subsequent to the date on which an eligible person attains 6 the age of seventy years, which is lower than the real property school 7 tax rate established pursuant to subparagraph (i) of this paragraph. 8 (c) The capped real property school tax rate shall be determined annu- 9 ally for each eligible person seventy years of age or older in accord- 10 ance with the provisions of paragraphs (a) and (b) of this subdivision. 11 2. Any person eligible for the capped real property school tax rate 12 shall apply annually for such capped rate. Such application shall be 13 made in a manner and form determined by the state board and shall 14 require proof of the applicant's age. Such application shall be filed 15 with the local assessor on or before the taxable status date for such 16 district. 17 3. Every school district shall notify, or cause to be notified, each 18 person owning residential real property in the school district of the 19 provisions of this section. The provisions of this subdivision may be 20 met by a notice sent to such persons in substantially the following 21 form: "Residential real property owned by persons seventy years of age 22 or older may be eligible for a capped real property school tax rate. To 23 receive such capped rate, eligible owners of qualifying property must 24 file an application with their local assessor on or before the applica- 25 ble taxable status date. For further information, please contact your 26 local assessor." 27 4. A school district which provides a capped real property school tax 28 rate for persons seventy years of age or over pursuant to this section 29 shall be eligible for reimbursement by the department of education, as 30 approved by the commissioner of education, in consultation with the 31 commissioner of taxation and finance, for one hundred percent of the 32 direct cost to such school district resulting from the implementation of 33 this section. Such direct cost shall be calculated pursuant to regu- 34 lations of the commissioner of education, in consultation with the 35 commissioner of taxation and finance. A claim for such reimbursement 36 shall be made by such school district in a manner and form prescribed by 37 the commissioner of education. 38 § 2. This act shall take effect on the first of January next succeed- 39 ing the date on which it shall have become a law and shall apply to 40 assessment rolls prepared on the basis of taxable status dates occurring 41 on or after such date.