S T A T E   O F   N E W   Y O R K
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                                         6503
                                   I N  S E N A T E
                                   February 17, 2012
                                      ___________
       Introduced  by  Sen.  YOUNG  -- read twice and ordered printed, and when
         printed to be committed to the Committee on Local Government
       AN ACT to authorize the town of Friendship, in the county  of  Allegany,
         to  correct  its 2012 tax roll and grant a real property tax refund or
         credit
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1. Notwithstanding any provision of the town law, the general
    2  municipal law or the real property tax law to the contrary, the town  of
    3  Friendship,  in the county of Allegany, is hereby authorized to recalcu-
    4  late its 2012 tax levy. Before the final recalculation of the tax  levy,
    5  the  town board of such town shall hold a public hearing on the recalcu-
    6  lation in the manner specified in section 108 of the town law.  As  part
    7  of the initial recalculation and prior to the public hearing, the budget
    8  officer  shall  prepare  documents  showing:  (i) basis of the miscalcu-
    9  lations leading to the twenty-three percent overcharge in the  2012  tax
   10  levy  pertaining to the general fund and highway department budgets; and
   11  (ii) the necessary reductions and/or changes in  appropriations  to  the
   12  town  general  fund and highway department. After the public hearing and
   13  upon the adoption of a resolution, specifying the final  amount  of  the
   14  tax levy and amended appropriations, the town may issue an order setting
   15  forth the corrected taxes, direct the officer having jurisdiction of the
   16  tax  roll  to  correct such roll, refund any excess taxes paid or credit
   17  any outstanding tax obligations due; provided,  however,  that  interest
   18  and  penalties on delinquent 2012 town taxes, whether accruing before or
   19  after the effective date of this act, shall  only  be  computed  on  the
   20  amount of corrected taxes, and any payment of interest in excess of that
   21  amount  so  computed  shall  be  added to a refund made pursuant to this
   22  section.
   23    S 2. This act shall take effect immediately; provided, however, if the
   24  town of Friendship does not hold the public hearing required pursuant to
   25  section one of this act within 45 days of such effective date, this  act
   26  shall expire and be deemed repealed 45 days after it shall take effect.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD14440-01-2