Bill Text: NY S06689 | 2013-2014 | General Assembly | Amended


Bill Title: Relates to a property investment exemption in certain villages.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2014-06-20 - COMMITTED TO RULES [S06689 Detail]

Download: New_York-2013-S06689-Amended.html
                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        6689--A
                                   I N  S E N A T E
                                   February 27, 2014
                                      ___________
       Introduced  by  Sen.  GIPSON -- read twice and ordered printed, and when
         printed to be committed  to  the  Committee  on  Local  Government  --
         committee  discharged,  bill amended, ordered reprinted as amended and
         recommitted to said committee
       AN ACT to amend the real property tax law, in  relation  to  a  property
         investment exemption in certain villages
         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 485-q to read as follows:
    3    S  485-Q.  PROPERTY  INVESTMENT  EXEMPTION; CERTAIN VILLAGES. 1.  REAL
    4  PROPERTY CONSTRUCTED, ALTERED, INSTALLED OR IMPROVED SUBSEQUENT  TO  THE
    5  FIRST DAY OF JULY, TWO THOUSAND THIRTEEN FOR THE PURPOSE OF MULTI-FAMILY
    6  RESIDENTIAL,  MIXED  USE, COMMERCIAL, BUSINESS OR INDUSTRIAL ACTIVITY IN
    7  VILLAGES WITH A POPULATION OF NOT LESS THAN FIVE THOUSAND AND  NOT  MORE
    8  THAN  SIX  THOUSAND  IN  COUNTIES WITH A POPULATION OF NOT LESS THAN TWO
    9  HUNDRED NINETY THOUSAND AND NOT MORE THAN THREE  HUNDRED  FIVE  THOUSAND
   10  MAY  BE  EXEMPT  FROM TAXATION AND SPECIAL AD VALOREM LEVIES, EXCEPT FOR
   11  SPECIAL AD VALOREM LEVIES FOR FIRE DISTRICT,  FIRE  PROTECTION  DISTRICT
   12  AND FIRE ALARM DISTRICT PURPOSES AS PROVIDED IN THIS SECTION.
   13    2. (A) (I) SUCH REAL PROPERTY SHALL BE EXEMPT FOR A PERIOD OF ONE YEAR
   14  TO  THE  EXTENT  OF  SIXTY  PER CENTUM OF THE INCREASE IN ASSESSED VALUE
   15  THEREOF ATTRIBUTABLE TO SUCH CONSTRUCTION, ALTERATION,  INSTALLATION  OR
   16  IMPROVEMENT  AND FOR AN ADDITIONAL PERIOD OF NINE YEARS PROVIDED, HOWEV-
   17  ER, THAT THE EXTENT OF SUCH EXEMPTION SHALL BE DECREASED BY NO LESS THAN
   18  FIVE PER CENTUM EACH YEAR DURING SUCH ADDITIONAL PERIOD  OF  NINE  YEARS
   19  AND  SUCH  EXEMPTION  SHALL  BE  COMPUTED WITH RESPECT TO THE "EXEMPTION
   20  BASE." THE EXEMPTION BASE SHALL BE THE INCREASE  IN  ASSESSED  VALUE  AS
   21  DETERMINED  IN  THE  INITIAL  YEAR OF SUCH TEN YEAR PERIOD FOLLOWING THE
   22  FILING OF AN ORIGINAL APPLICATION, EXCEPT AS  PROVIDED  IN  SUBPARAGRAPH
   23  (II) OF THIS PARAGRAPH.
   24    (II)  IN  ANY YEAR IN WHICH A CHANGE IN LEVEL OF ASSESSMENT OF FIFTEEN
   25  PERCENT OR MORE IS CERTIFIED FOR A FINAL ASSESSMENT ROLL PURSUANT TO THE
   26  RULES OF THE STATE BOARD, THE EXEMPTION BASE SHALL BE  MULTIPLIED  BY  A
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD13708-03-4
       S. 6689--A                          2
    1  FRACTION,  THE  NUMERATOR  OF WHICH SHALL BE THE TOTAL ASSESSED VALUE OF
    2  THE PARCEL ON SUCH FINAL ASSESSMENT ROLL (AFTER ACCOUNTING FOR ANY PHYS-
    3  ICAL OR QUANTITY CHANGES TO THE PARCEL SINCE THE  IMMEDIATELY  PRECEDING
    4  ASSESSMENT  ROLL),  AND  THE  DENOMINATOR  OF  WHICH  SHALL BE THE TOTAL
    5  ASSESSED VALUE OF THE PARCEL ON THE IMMEDIATELY PRECEDING FINAL  ASSESS-
    6  MENT  ROLL.  THE  RESULT  SHALL BE THE NEW EXEMPTION BASE. THE EXEMPTION
    7  SHALL THEREUPON BE RECOMPUTED TO TAKE INTO  ACCOUNT  THE  NEW  EXEMPTION
    8  BASE,  NOTWITHSTANDING  THE FACT THAT THE ASSESSOR OR TREASURER RECEIVES
    9  THE CERTIFICATION OF  THE  CHANGE  IN  LEVEL  OF  ASSESSMENT  AFTER  THE
   10  COMPLETION, VERIFICATION AND FILING OF THE FINAL ASSESSMENT ROLL. IN THE
   11  EVENT  THE  ASSESSOR OR TREASURER DOES NOT HAVE CUSTODY OF THE ROLL WHEN
   12  SUCH CERTIFICATION IS RECEIVED, THE ASSESSOR OR TREASURER SHALL  CERTIFY
   13  THE  RECOMPUTED  EXEMPTION  TO  THE  LOCAL  OFFICERS  HAVING CUSTODY AND
   14  CONTROL OF THE ROLL, AND SUCH LOCAL OFFICERS  ARE  HEREBY  DIRECTED  AND
   15  AUTHORIZED  TO  ENTER THE RECOMPUTED EXEMPTION CERTIFIED BY THE ASSESSOR
   16  OR TREASURER ON THE ROLL. THE ASSESSOR OR TREASURER SHALL  GIVE  WRITTEN
   17  NOTICE  OF  SUCH RECOMPUTED EXEMPTION TO THE PROPERTY OWNER, WHO MAY, IF
   18  HE OR SHE BELIEVES THAT THE EXEMPTION WAS RECOMPUTED INCORRECTLY,  APPLY
   19  FOR  A  CORRECTION IN THE MANNER PROVIDED BY TITLE THREE OF ARTICLE FIVE
   20  OF THIS CHAPTER FOR THE CORRECTION OF CLERICAL ERRORS.
   21    (III) THE FOLLOWING TABLE SHALL ILLUSTRATE THE COMPUTATION OF THE  TAX
   22  EXEMPTION:
   23  YEAR OF EXEMPTION            PERCENTAGE OF EXEMPTION TO BE NO MORE THAN:
   24           1                                      60
   25           2                                      55
   26           3                                      50
   27           4                                      45
   28           5                                      40
   29           6                                      35
   30           7                                      30
   31           8                                      25
   32           9                                      20
   33           10                                     15
   34    (B) NO SUCH EXEMPTION SHALL BE GRANTED UNLESS:
   35    (1)  SUCH  CONSTRUCTION,  ALTERATION,  INSTALLATION OR IMPROVEMENT WAS
   36  COMMENCED SUBSEQUENT TO THE FIRST DAY OF JULY, TWO THOUSAND THIRTEEN  OR
   37  SUCH LATER DATE AS MAY BE SPECIFIED BY LOCAL LAW OR RESOLUTION;
   38    (2)  THE  COST  OF  SUCH  CONSTRUCTION,  ALTERATION,  INSTALLATION  OR
   39  IMPROVEMENT EXCEEDS THE SUM OF TEN  THOUSAND  DOLLARS  OR  SUCH  GREATER
   40  AMOUNT AS MAY BE SPECIFIED BY LOCAL LAW OR RESOLUTION; AND
   41    (3)  SUCH  CONSTRUCTION,  ALTERATION,  INSTALLATION  OR IMPROVEMENT IS
   42  COMPLETED AS MAY BE EVIDENCED BY A CERTIFICATE  OF  OCCUPANCY  OR  OTHER
   43  APPROPRIATE DOCUMENTATION AS PROVIDED BY THE OWNER.
   44    (C)  FOR  PURPOSES OF THIS SECTION THE TERMS CONSTRUCTION, ALTERATION,
   45  INSTALLATION AND IMPROVEMENT SHALL NOT INCLUDE ORDINARY MAINTENANCE  AND
   46  REPAIRS.
   47    (D)  NO  SUCH EXEMPTION SHALL BE GRANTED CONCURRENT WITH OR SUBSEQUENT
   48  TO ANY OTHER REAL PROPERTY TAX EXEMPTION GRANTED TO  THE  SAME  IMPROVE-
   49  MENTS TO REAL PROPERTY, EXCEPT, WHERE DURING THE PERIOD OF SUCH PREVIOUS
   50  EXEMPTION,  PAYMENTS IN LIEU OF TAXES OR OTHER PAYMENTS WERE MADE TO THE
   51  LOCAL GOVERNMENT IN AN AMOUNT THAT WOULD HAVE BEEN EQUAL TO  OR  GREATER
   52  THAN THE AMOUNT OF REAL PROPERTY TAXES THAT WOULD HAVE BEEN PAID ON SUCH
   53  IMPROVEMENTS  HAD  SUCH  PROPERTY  BEEN GRANTED AN EXEMPTION PURSUANT TO
   54  THIS SECTION. IN SUCH CASE, AN EXEMPTION SHALL BE GRANTED FOR  A  NUMBER
   55  OF  YEARS  EQUAL  TO  THE  TEN  YEAR  EXEMPTION GRANTED PURSUANT TO THIS
       S. 6689--A                          3
    1  SECTION LESS THE NUMBER OF YEARS THE PROPERTY WOULD HAVE BEEN PREVIOUSLY
    2  EXEMPT FROM REAL PROPERTY TAXES.
    3    3.  SUCH EXEMPTION SHALL BE GRANTED ONLY UPON APPLICATION BY THE OWNER
    4  OF SUCH REAL PROPERTY ON A FORM PRESCRIBED  BY  THE  STATE  BOARD.  SUCH
    5  APPLICATION  SHALL  BE FILED WITH THE ASSESSOR OR TREASURER OF THE CITY,
    6  TOWN, VILLAGE, OR COUNTY HAVING THE POWER TO ASSESS PROPERTY  FOR  TAXA-
    7  TION  ON  OR  BEFORE  THE  APPROPRIATE TAXABLE STATUS DATE OF SUCH CITY,
    8  TOWN, VILLAGE OR COUNTY AND WITHIN ONE YEAR FROM THE DATE OF  COMPLETION
    9  OF SUCH CONSTRUCTION, ALTERATION, INSTALLATION OR IMPROVEMENT.
   10    4.  IF  THE  ASSESSOR  OR TREASURER IS SATISFIED THAT THE APPLICANT IS
   11  ENTITLED TO AN EXEMPTION PURSUANT TO  THIS  SECTION,  HE  OR  SHE  SHALL
   12  APPROVE  THE  APPLICATION  AND  SUCH  REAL  PROPERTY SHALL THEREAFTER BE
   13  EXEMPT FROM TAXATION AND SPECIAL AD VALOREM LEVIES, EXCEPT  FOR  SPECIAL
   14  AD  VALOREM  LEVIES FOR FIRE DISTRICT, FIRE PROTECTION DISTRICT AND FIRE
   15  ALARM DISTRICT PURPOSES, AS HEREIN PROVIDED COMMENCING WITH THE  ASSESS-
   16  MENT ROLL PREPARED AFTER THE TAXABLE STATUS DATE REFERRED TO IN SUBDIVI-
   17  SION  THREE OF THIS SECTION. THE ASSESSED VALUE OF ANY EXEMPTION GRANTED
   18  PURSUANT TO THIS SECTION SHALL BE ENTERED BY THE ASSESSOR  OR  TREASURER
   19  ON THE ASSESSMENT ROLL WITH THE TAXABLE PROPERTY, WITH THE AMOUNT OF THE
   20  EXEMPTION SHOWN IN A SEPARATE COLUMN.
   21    5.  THE  PROVISIONS  OF THIS SECTION SHALL APPLY TO MIXED USE PROPERTY
   22  WHERE THE FOLLOWING IS POSSIBLE: (A) REAL PROPERTY  USED  PRIMARILY  FOR
   23  THE  BUYING, SELLING, STORING OR DEVELOPING GOODS OR SERVICES, THE MANU-
   24  FACTURE OR ASSEMBLY OF GOODS OR THE PROCESSING OF RAW MATERIALS; AND (B)
   25  REAL PROPERTY USED PRIMARILY FOR THE FURNISHING  OF  DWELLING  SPACE  OR
   26  ACCOMMODATIONS  TO  EITHER  RESIDENTS OR TRANSIENTS OTHER THAN HOTELS OR
   27  MOTELS.
   28    6. IN THE EVENT THAT REAL PROPERTY GRANTED AN  EXEMPTION  PURSUANT  TO
   29  THIS  SECTION  CEASES  TO  BE  USED PRIMARILY FOR ELIGIBLE PURPOSES, THE
   30  EXEMPTION GRANTED PURSUANT TO THIS SECTION SHALL CEASE.
   31    7. A COUNTY, CITY, TOWN OR VILLAGE MAY, BY LOCAL  LAW,  AND  A  SCHOOL
   32  DISTRICT,  EXCEPT  A  CITY SCHOOL DISTRICT TO WHICH ARTICLE FIFTY-TWO OF
   33  THE EDUCATION LAW APPLIES, MAY, BY RESOLUTION, REDUCE THE PER CENTUM  OF
   34  EXEMPTION OTHERWISE ALLOWED PURSUANT TO THIS SECTION; PROVIDED, HOWEVER,
   35  THAT  A  PROJECT IN COURSE OF CONSTRUCTION AND EXEMPTIONS EXISTING PRIOR
   36  IN TIME TO PASSAGE OF ANY SUCH LOCAL LAW  OR  RESOLUTION  SHALL  NOT  BE
   37  SUBJECT  TO  ANY  SUCH  REDUCTION  SO  EFFECTED. ANY COUNTY, CITY, TOWN,
   38  VILLAGE OR SCHOOL DISTRICT THAT HAS REDUCED THE PER CENTUM OF  EXEMPTION
   39  PURSUANT  TO THIS SUBDIVISION MAY THEREAFTER, BY LOCAL LAW OR RESOLUTION
   40  AS THE CASE MAY BE, INCREASE THE PER CENTUM OF EXEMPTION UP TO  ANY  PER
   41  CENTUM NOT EXCEEDING THE MAXIMUM ALLOWED BY SUBDIVISION TWO OR TWELVE OF
   42  THIS  SECTION, WHICHEVER IS APPLICABLE, PROVIDED, HOWEVER, THAT ANY SUCH
   43  LOCAL LAW OR RESOLUTION SHALL APPLY ONLY TO  CONSTRUCTION,  ALTERATIONS,
   44  INSTALLATIONS,  OR  IMPROVEMENTS  COMMENCED  SUBSEQUENT TO THE EFFECTIVE
   45  DATE OF SUCH LOCAL LAW OR RESOLUTION. A COPY OF ALL SUCH LOCAL  LAWS  OR
   46  RESOLUTIONS  SHALL  BE  FILED  WITH  THE STATE BOARD AND THE ASSESSOR OR
   47  TREASURER OF EACH ASSESSING UNIT WHICH COMPRISES THE COUNTY, CITY,  TOWN
   48  OR SCHOOL DISTRICT OR, IN THE CASE OF A VILLAGE, THE VILLAGE ASSESSOR OR
   49  TREASURER,  OR  THE APPLICABLE TOWN OR COUNTY ASSESSOR OR TREASURER OF A
   50  VILLAGE WHICH HAS ADOPTED A LOCAL LAW PROVIDED IN SUBDIVISION  THREE  OF
   51  SECTION FOURTEEN HUNDRED TWO OF THIS CHAPTER.
   52    8.  A  COUNTY,  CITY,  TOWN OR VILLAGE MAY, BY LOCAL LAW, AND A SCHOOL
   53  DISTRICT, EXCEPT A CITY SCHOOL DISTRICT TO WHICH  ARTICLE  FIFTY-TWO  OF
   54  THE  EDUCATION  LAW APPLIES MAY, BY RESOLUTION, ESTABLISH A DATE FOR THE
   55  COMMENCEMENT OF EFFECTIVENESS OF EXEMPTIONS  OFFERED  PURSUANT  TO  THIS
   56  SECTION  AND MAY PROVIDE THAT THE PROVISIONS OF THIS SECTION SHALL APPLY
       S. 6689--A                          4
    1  ONLY TO CONSTRUCTION, ALTERATION, INSTALLATION OR IMPROVEMENTS HAVING  A
    2  GREATER VALUE THAN THAT SPECIFIED BY SUBDIVISION TWO OF THIS SECTION.
    3    9.  (A)  A  COUNTY, CITY OUTSIDE THE CITY OF NEW YORK, TOWN OR VILLAGE
    4  MAY, BY LOCAL LAW, AND A SCHOOL DISTRICT WHICH LEVIES SCHOOL TAXES  MAY,
    5  BY  RESOLUTION,  ESTABLISH  A  BOARD  TO  BE KNOWN AS THE INDUSTRIAL AND
    6  COMMERCIAL INCENTIVE BOARD. THE MEMBERSHIP AND COMPOSITION OF SUCH BOARD
    7  SHALL BE SET FORTH IN THE LOCAL LAW OR RESOLUTION.
    8    (B) THE INDUSTRIAL AND COMMERCIAL INCENTIVE BOARD SHALL PRESENT A PLAN
    9  TO THE APPOINTING LOCAL LEGISLATIVE BODY CONCERNING THE VARIOUS TYPES OF
   10  BUSINESS, MULTI-FAMILY OR MIXED USE RESIDENTIAL CONSTRUCTION REAL  PROP-
   11  ERTY  WHICH  SHOULD  BE GRANTED ELIGIBILITY FOR AN EXEMPTION PURSUANT TO
   12  SUBDIVISION ONE OF THIS SECTION. SUCH PLAN  SHALL  MAKE  RECOMMENDATIONS
   13  CONCERNING  THE  APPLICABILITY  OF THE EXEMPTION TO SPECIFIC SECTORS AND
   14  SUBSECTORS, AS DEFINED IN THE  NORTH  AMERICAN  INDUSTRY  CLASSIFICATION
   15  SYSTEM  PUBLISHED  BY THE UNITED STATES GOVERNMENT. SUCH PLAN SHALL ALSO
   16  MAKE A RECOMMENDATION  AS  TO  WHETHER  THE  EXEMPTION  BE  COMPUTED  AS
   17  PROVIDED IN SUBDIVISION TWO OR TWELVE OF THIS SECTION. IN ADDITION, SUCH
   18  PLAN   SHALL  IDENTIFY  SPECIFIC  GEOGRAPHIC  AREAS  WITHIN  WHICH  SUCH
   19  EXEMPTIONS SHOULD BE OFFERED. IN DEVELOPING THE PLAN  REQUIRED  BY  THIS
   20  PARAGRAPH,  THE  BOARD  SHALL  CONSIDER  THE PLANNING OBJECTIVES OF EACH
   21  MUNICIPALITY WITHIN WHICH SUCH EXEMPTIONS MAY BE OFFERED, THE  NECESSITY
   22  OF THE EXEMPTION TO THE ATTRACTION OR RETENTION OF SUCH BUSINESS AND THE
   23  ECONOMIC BENEFIT TO THE AREA OF PROVIDING EXEMPTIONS TO VARIOUS TYPES OF
   24  BUSINESSES.
   25    (C)  IN ADDITION, THE BOARD MAY MAKE RECOMMENDATIONS TO THE APPOINTING
   26  LOCAL LEGISLATIVE BODY WITH RESPECT TO ACTIONS  IT  DEEMS  DESIRABLE  TO
   27  IMPROVE THE ECONOMIC CLIMATE THEREIN.
   28    (D)  NOTWITHSTANDING  THE PROVISIONS OF PARAGRAPH (A) OF THIS SUBDIVI-
   29  SION, WHERE A COUNTY ESTABLISHES AN INDUSTRIAL AND COMMERCIAL  INCENTIVE
   30  BOARD,  THE  MEMBERS  OF SUCH BOARD SHALL BE APPOINTED AS FOLLOWS: THREE
   31  REPRESENTATIVES OF THE COUNTY: THE APPOINTMENT OF ONE SHALL BE  RESERVED
   32  TO  THE COUNTY EXECUTIVE OF THE COUNTY WHO SHALL SERVE AS CHAIR, AND ONE
   33  EACH FOR THE MAJORITY AND THE MINORITY PARTIES OF THE COUNTY LEGISLATIVE
   34  BODY; ONE REPRESENTATIVE FOR EACH CITY LOCATED WITHIN  THE  COUNTY  UPON
   35  THE  RECOMMENDATION  OF  THE  MAYOR;  ONE REPRESENTATIVE FOR EACH OF THE
   36  TOWNS LOCATED WITHIN THE COUNTY UPON THE RECOMMENDATION OF THE  SUPERVI-
   37  SOR;  ONE  REPRESENTATIVE  TO COLLECTIVELY REPRESENT ALL OF THE VILLAGES
   38  LOCATED WITHIN THE COUNTY UPON THE RECOMMENDATION OF THE MAYORS  OF  THE
   39  VILLAGES IN THE COUNTY; AND ONE REPRESENTATIVE TO COLLECTIVELY REPRESENT
   40  ALL  OF  THE SCHOOL DISTRICTS LOCATED WITHIN THE COUNTY UPON RECOMMENDA-
   41  TION OF THE COUNTY SCHOOL BOARDS ASSOCIATION. THE MEMBERS OF SUCH  BOARD
   42  SHALL  SERVE AT THE PLEASURE OF THE GOVERNING BODY WHICH THEY REPRESENT.
   43  THE MEMBERS SHALL SERVE WITHOUT SALARY, BUT THE COUNTY LEGISLATIVE  BODY
   44  MAY  ENTITLE EACH SUCH MEMBER TO REIMBURSEMENT FOR HIS OR HER ACTUAL AND
   45  NECESSARY EXPENSES INCURRED IN THE PERFORMANCE OF HIS OR HER DUTIES.
   46    10. WHERE A COUNTY, CITY, TOWN, VILLAGE OR SCHOOL DISTRICT HAS  ESTAB-
   47  LISHED  AN INDUSTRIAL AND COMMERCIAL INCENTIVE BOARD, PURSUANT TO SUBDI-
   48  VISION NINE OF THIS SECTION, SUCH COUNTY, CITY, TOWN OR VILLAGE MAY,  BY
   49  LOCAL LAW, AND A SCHOOL DISTRICT, EXCEPT A CITY SCHOOL DISTRICT TO WHICH
   50  ARTICLE  FIFTY-TWO  OF  THE  EDUCATION  LAW APPLIES, MAY, BY RESOLUTION,
   51  RESTRICT REAL PROPERTY ELIGIBLE TO RECEIVE THE EXEMPTION TO REAL PROPER-
   52  TY CONSTRUCTED, ALTERED, INSTALLED OR IMPROVED FOR THOSE PURPOSES  IDEN-
   53  TIFIED  IN THE PLAN PRESENTED BY THE BOARD. SUCH LAW OR RESOLUTION SHALL
   54  IDENTIFY THE SPECIFIC SECTORS AND SUBSECTORS, AS DEFINED  IN  THE  NORTH
   55  AMERICAN  INDUSTRY  CLASSIFICATION SYSTEM PUBLISHED BY THE UNITED STATES
   56  GOVERNMENT TO WHICH THE EXEMPTION  SHALL  BE  APPLICABLE.  SUCH  LAW  OR
       S. 6689--A                          5
    1  RESOLUTION SHALL ALSO RESTRICT THE AVAILABILITY OF SUCH EXEMPTION TO THE
    2  SPECIFIC GEOGRAPHIC AREAS IDENTIFIED IN THE PLAN PRESENTED BY THE BOARD.
    3    11.  WHERE  A  COUNTY,  BY  LAW,  RESTRICTS EXEMPTIONS PURSUANT TO THE
    4  RECOMMENDATIONS OF AN INDUSTRIAL AND COMMERCIAL INCENTIVE BOARD,  ESTAB-
    5  LISHED  PURSUANT  TO  SUBDIVISION  NINE OF THIS SECTION, SUCH RESTRICTED
    6  EXEMPTIONS SHALL BE APPLICABLE TO TAXES AND SPECIAL AD VALOREM LEVIES OF
    7  EACH CITY, TOWN, VILLAGE AND SCHOOL DISTRICT  LOCATED  WITHIN  THE  AREA
    8  WITHIN WHICH THE RESTRICTED EXEMPTIONS ARE OFFERED BY THE COUNTY, UNLESS
    9  SUCH  CITY,  TOWN  OR  VILLAGE  SHALL,  BY LAW, OR SUCH SCHOOL DISTRICT,
   10  SHALL, BY RESOLUTION, DETERMINE THAT SUCH  RESTRICTED  EXEMPTIONS  SHALL
   11  NOT  BE  APPLICABLE  TO  ITS TAX AND AD VALOREM LEVIES. UPON ADOPTION OF
   12  SUCH LAW, THE COUNTY SHALL NOTIFY EACH AFFECTED CITY, TOWN, VILLAGE  AND
   13  SCHOOL  DISTRICT OF ITS ACTIONS AND INFORM THEM OF THEIR OPTIONS REGARD-
   14  ING SUCH RESTRICTED EXEMPTIONS.
   15    12. NOTWITHSTANDING SUBDIVISION TWO OF THIS SECTION, WHERE  A  COUNTY,
   16  CITY,  TOWN,  VILLAGE  OR  SCHOOL  DISTRICT ADOPTS RESTRICTED EXEMPTIONS
   17  PURSUANT TO SUBDIVISION TEN OF THIS SECTION, THE LAW OR  RESOLUTION  MAY
   18  PROVIDE THAT SUCH EXEMPTIONS SHALL BE COMPUTED PURSUANT TO THE FOLLOWING
   19  ACCELERATED STRATEGIC EXEMPTION SCHEDULE:
   20  YEAR OF EXEMPTION            PERCENTAGE OF EXEMPTION TO BE NO MORE THAN:
   21           1                                      60
   22           2                                      60
   23           3                                      60
   24           4                                      50
   25           5                                      50
   26           6                                      45
   27           7                                      40
   28           8                                      35
   29           9                                      25
   30           10                                     15
   31  PROVIDED HOWEVER, THAT SUCH LAW OR RESOLUTION SHALL:
   32    (I)  CONTAIN  FINDINGS THAT THE ADOPTION OF THIS ACCELERATED STRATEGIC
   33  EXEMPTION SCHEDULE IS NECESSARY TO ENCOURAGE TARGETED ECONOMIC  DEVELOP-
   34  MENT, CREATE OR RETAIN PERMANENT PRIVATE SECTOR JOBS, AND THAT THE VALUE
   35  OF  THE  EXEMPTIONS  TO  BE PROVIDED IS JUSTIFIED BY THE NEED TO PROVIDE
   36  EMPLOYMENT OPPORTUNITIES AND BROADEN THE TAX BASE; AND
   37    (II) LIMIT THE APPLICABILITY OF SUCH SCHEDULE TO  PROJECTS  WHERE  THE
   38  COST  OF  SUCH  CONSTRUCTION,  ALTERATION,  INSTALLATION  OR IMPROVEMENT
   39  EXCEEDS THE SUM OF FIFTY THOUSAND DOLLARS; AND
   40    (III) PROVIDE THAT SUCH EXEMPTIONS ARE RESTRICTED BY GEOGRAPHIC  AREAS
   41  AND/OR  GROUPS  AND MAJOR DIVISIONS AS IS PROVIDED BY SUBDIVISION TEN OF
   42  THIS SECTION.
   43    13. A COUNTY, CITY, OR TOWN WITH A VILLAGE WITH A  POPULATION  OF  NOT
   44  LESS  THAN FIVE THOUSAND AND NOT MORE THAN SIX THOUSAND IN COUNTIES WITH
   45  A POPULATION OF NOT LESS THEN TWO HUNDRED NINETY THOUSAND AND  NOT  MORE
   46  THAN THREE HUNDRED FIVE THOUSAND MAY, BY LOCAL LAW, ESTABLISH A DATE FOR
   47  THE  COMMENCEMENT OF THE EFFECTIVENESS OF THE EXEMPTION OFFERED PURSUANT
   48  TO THIS SECTION. A COPY OF THE  LOCAL  LAWS  SHALL  BE  FILED  WITH  THE
   49  COMMISSIONER,  THE  ASSESSOR OR TREASURER OF THE MUNICIPALITY, THE CLERK
   50  OF THE MUNICIPALITY, AND THE SECRETARY OF STATE.
   51    14. A VILLAGE WITH A POPULATION OF NOT LESS THAN FIVE THOUSAND AND NOT
   52  MORE THAN SIX THOUSAND IN COUNTIES WITH A POPULATION OF  NOT  LESS  THAN
   53  TWO  HUNDRED  NINETY THOUSAND AND NOT MORE THAN THREE HUNDRED FIVE THOU-
   54  SAND MAY, BY LOCAL LAW,  AND  ANY  SCHOOL  DISTRICT  WHICH  SERVES  SUCH
   55  VILLAGE, MAY, BY RESOLUTION ESTABLISH A DATE FOR THE COMMENCEMENT OF THE
   56  EFFECTIVENESS  OF THE EXEMPTION OFFERED PURSUANT TO THIS SECTION. A COPY
       S. 6689--A                          6
    1  OF THE LOCAL LAWS SHALL BE FILED WITH THE COMMISSIONER, THE ASSESSOR  OR
    2  TREASURER  OF  THE  MUNICIPALITY, THE CLERK OF THE MUNICIPALITY, AND THE
    3  SECRETARY OF STATE.
    4    S 2. This act shall take effect immediately.
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