Bill Text: NY S06359 | 2009-2010 | General Assembly | Introduced

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Bill Title: Establishes a capped property school tax rate for persons seventy years of age or older who meet the eligibility requirements for the enhanced STAR exemption.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2010-06-01 - REPORTED AND COMMITTED TO FINANCE [S06359 Detail]

Download: New_York-2009-S06359-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         6359
                              2009-2010 Regular Sessions
                                   I N  S E N A T E
                                   December 28, 2009
                                      ___________
       Introduced  by  Sen.  FOLEY  -- read twice and ordered printed, and when
         printed to be committed to the Committee on Rules
       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    S 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:
   17    (I)  THE  REAL  PROPERTY  SCHOOL  TAX  RATE ESTABLISHED ON THE TAXABLE
   18  STATUS DATE NEXT SUCCEEDING THE DATE ON WHICH AN ELIGIBLE PERSON ATTAINS
   19  THE AGE OF SEVENTY YEARS; OR
   20    (II) THE REAL PROPERTY SCHOOL TAX  RATE  ESTABLISHED  ON  ANY  TAXABLE
   21  STATUS  DATE  SUBSEQUENT TO THE DATE ON WHICH AN ELIGIBLE PERSON ATTAINS
   22  THE AGE OF SEVENTY YEARS, WHICH IS LOWER THAN THE REAL  PROPERTY  SCHOOL
   23  TAX RATE ESTABLISHED PURSUANT TO SUBPARAGRAPH (I) OF THIS PARAGRAPH.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD06750-03-9
       S. 6359                             2
    1    (C) THE CAPPED REAL PROPERTY SCHOOL TAX RATE SHALL BE DETERMINED ANNU-
    2  ALLY  FOR  EACH ELIGIBLE PERSON SEVENTY YEARS OF AGE OR OLDER IN ACCORD-
    3  ANCE WITH THE PROVISIONS OF PARAGRAPHS (A) AND (B) OF THIS SUBDIVISION.
    4    2.  ANY  PERSON  ELIGIBLE FOR THE CAPPED REAL PROPERTY SCHOOL TAX RATE
    5  SHALL APPLY ANNUALLY FOR SUCH CAPPED RATE.  SUCH  APPLICATION  SHALL  BE
    6  MADE  IN  A  MANNER  AND  FORM  DETERMINED  BY THE STATE BOARD AND SHALL
    7  REQUIRE PROOF OF THE APPLICANT'S AGE. SUCH APPLICATION  SHALL  BE  FILED
    8  WITH  THE  LOCAL  ASSESSOR ON OR BEFORE THE TAXABLE STATUS DATE FOR SUCH
    9  DISTRICT.
   10    3. EVERY SCHOOL DISTRICT SHALL NOTIFY, OR CAUSE TO BE  NOTIFIED,  EACH
   11  PERSON  OWNING  RESIDENTIAL  REAL PROPERTY IN THE SCHOOL DISTRICT OF THE
   12  PROVISIONS OF THIS SECTION. THE PROVISIONS OF THIS  SUBDIVISION  MAY  BE
   13  MET  BY  A  NOTICE  SENT  TO SUCH PERSONS IN SUBSTANTIALLY THE FOLLOWING
   14  FORM: "RESIDENTIAL REAL PROPERTY OWNED BY PERSONS SEVENTY YEARS  OF  AGE
   15  OR  OLDER MAY BE ELIGIBLE FOR A CAPPED REAL PROPERTY SCHOOL TAX RATE. TO
   16  RECEIVE SUCH CAPPED RATE, ELIGIBLE OWNERS OF  QUALIFYING  PROPERTY  MUST
   17  FILE  AN APPLICATION WITH THEIR LOCAL ASSESSOR ON OR BEFORE THE APPLICA-
   18  BLE TAXABLE STATUS DATE. FOR FURTHER INFORMATION,  PLEASE  CONTACT  YOUR
   19  LOCAL ASSESSOR."
   20    4.  A SCHOOL DISTRICT WHICH PROVIDES A CAPPED REAL PROPERTY SCHOOL TAX
   21  RATE FOR PERSONS SEVENTY YEARS OF AGE OR OVER PURSUANT TO  THIS  SECTION
   22  SHALL  BE  ELIGIBLE FOR REIMBURSEMENT BY THE DEPARTMENT OF EDUCATION, AS
   23  APPROVED BY THE COMMISSIONER OF  EDUCATION,  IN  CONSULTATION  WITH  THE
   24  EXECUTIVE  DIRECTOR  OF  THE  OFFICE  OF REAL PROPERTY SERVICES, FOR ONE
   25  HUNDRED PERCENT OF THE DIRECT COST TO  SUCH  SCHOOL  DISTRICT  RESULTING
   26  FROM  THE  IMPLEMENTATION  OF  THIS  SECTION.  SUCH DIRECT COST SHALL BE
   27  CALCULATED PURSUANT TO REGULATIONS OF THE COMMISSIONER OF EDUCATION,  IN
   28  CONSULTATION  WITH THE EXECUTIVE DIRECTOR OF THE OFFICE OF REAL PROPERTY
   29  SERVICES. A CLAIM FOR SUCH REIMBURSEMENT SHALL BE MADE  BY  SUCH  SCHOOL
   30  DISTRICT  IN  A MANNER AND FORM PRESCRIBED BY THE COMMISSIONER OF EDUCA-
   31  TION.
   32    S 2. This act shall take effect January 1, 2011  and  shall  apply  to
   33  assessment rolls prepared on the basis of taxable status dates occurring
   34  on or after such date.