Bill Text: NY S06313 | 2017-2018 | General Assembly | Amended

New York Senate Bill 6313 (Prior Session Legislation)

Bill Title: Expands eligibility for designation as land used in agricultural production by lowering the average gross sale value of the land to $5,000 or more and eliminating acreage requirements.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Engrossed - Dead) 2018-04-18 - referred to agriculture [S06313 Detail]

Download: New_York-2017-S06313-Amended.html

                STATE OF NEW YORK
        ________________________________________________________________________
                                         6313--A
            Cal. No. 495
                               2017-2018 Regular Sessions
                    IN SENATE
                                      May 11, 2017
                                       ___________
        Introduced  by  Sen.  MURPHY -- read twice and ordered printed, and when
          printed to be committed to the Committee on Agriculture -- recommitted
          to the Committee on Agriculture in accordance with Senate Rule 6, sec.
          8 -- reported favorably from said committee, ordered to first  report,
          amended  on  first  report,  ordered  to  a  second report and ordered
          reprinted, retaining its place in the order of second report
        AN ACT to amend the agriculture and markets  law,  in  relation  to  the
          determination  of land used in agricultural production for purposes of
          agricultural districts
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1.  Paragraphs  f, h and k of subdivision 4 of section 301 of
     2  the agriculture and markets law, paragraph f as amended by  chapter  445
     3  of  the  laws of 2002, paragraph h as amended by chapter 587 of the laws
     4  of 2005 and paragraph k as added by chapter 341 of the laws of 2008, are
     5  amended to read as follows:
     6    f. Land [of not less than seven acres used as a  single  operation  in
     7  the  preceding two years for the production for sale of crops, livestock
     8  or livestock products of an average gross sales value  of  ten  thousand
     9  dollars  or  more,  or  land  of less than seven acres] used as a single
    10  operation in the preceding two years for  the  production  for  sale  of
    11  crops,  livestock  or livestock products of an average gross sales value
    12  of [fifty] five thousand dollars or more.
    13    h. Land that is owned or rented by a farm operation in  its  first  or
    14  second  year of agricultural production, or, in the case of a commercial
    15  horse boarding operation in its first or second year of operation,  that
    16  consists  of  (1)  [not less than seven acres used as a single operation
    17  for the production for sale of crops, livestock or livestock products of
    18  an annual gross sales value of ten thousand dollars or more; or (2) less
    19  than seven acres] land used as a single operation for the production for
    20  sale of crops, livestock or livestock products of an annual gross  sales
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11587-02-8

        S. 6313--A                          2
     1  value  of [fifty] five thousand dollars or more; or [(3)] (2) land situ-
     2  ated under a  structure  within  which  crops,  livestock  or  livestock
     3  products  are produced, provided that such crops, livestock or livestock
     4  products  have  an  annual  gross sales value of [(i) ten] five thousand
     5  dollars or more[, if the farm operation uses  seven  or  more  acres  in
     6  agricultural  production, or (ii) fifty thousand dollars or more, if the
     7  farm operation uses less than seven acres in  agricultural  production];
     8  or  [(4)  not less than seven acres] (3) land used as a single operation
     9  to support a commercial  horse  boarding  operation  with  annual  gross
    10  receipts of [ten] five thousand dollars or more.
    11    k. Land used to support an apiary products operation which is owned by
    12  the  operation  and  consists of [(i) not less than seven acres nor more
    13  than ten acres used as a single operation in the preceding two years for
    14  the production for sale of crops, livestock or livestock products of  an
    15  average  gross  sales value of ten thousand dollars or more or (ii) less
    16  than seven acres] land used as a single operation in the  preceding  two
    17  years  for  the  production  for  sale  of crops, livestock or livestock
    18  products of an average  gross  sales  value  of  [fifty]  five  thousand
    19  dollars  or  more. The land used to support an apiary products operation
    20  shall include, but not be limited to, the land under a structure  within
    21  which apiary products are produced, harvested and stored for sale; and a
    22  buffer  area maintained by the operation between the operation and adja-
    23  cent landowners.  Notwithstanding any other provision of  this  subdivi-
    24  sion,  rented  land  associated with an apiary products operation is not
    25  eligible for an agricultural assessment based on this paragraph.
    26    § 2. This act shall take effect immediately and shall  apply  to  real
    27  property assessments for taxes imposed on or after such date.