Bill Text: NY S06836 | 2009-2010 | General Assembly | Introduced
Bill Title: Provides that real property tax exemptions granted to real property owned by corporations or associations organized or conducted exclusively for hospital or moral or mental improvement of men, women, or children purposes and used exclusively for carrying out such purposes shall only be granted if the property owner can prove by clear and convincing evidence that each acre is actually used for such purpose at least 120 days a year; appropriates $10,000,000 therefor.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2010-02-12 - REFERRED TO FINANCE [S06836 Detail]
Download: New_York-2009-S06836-Introduced.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 6836 I N S E N A T E February 12, 2010 ___________ Introduced by Sen. BONACIC -- read twice and ordered printed, and when printed to be committed to the Committee on Finance AN ACT to amend the real property tax law, in relation to the exemption from taxation for non-profit organizations; and making an appropri- ation therefor THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: 1 Section 1. Subdivision 1 of section 420-a of the real property tax law 2 is amended by adding a new paragraph (c) to read as follows: 3 (C) WHEN USED IN THIS SECTION: 4 (I) "ORGANIZED OR CONDUCTED EXCLUSIVELY" SHALL REQUIRE THAT A CORPO- 5 RATION'S OR ASSOCIATION'S ORGANIZATIONAL DOCUMENTS LIMIT THE PURPOSES OF 6 SUCH CORPORATION OR ASSOCIATION TO ONE OR MORE EXEMPT PURPOSES, AS SET 7 OUT IN PARAGRAPH (A) OF THIS SUBDIVISION; 8 (II) "USED EXCLUSIVELY" SHALL REQUIRE THAT A CORPORATION OR ASSOCI- 9 ATION USE ITS PROPERTY ONLY FOR EXEMPT PURPOSES. USES WHICH MAY BE HELP- 10 FUL TO THE EXEMPT ORGANIZATION BUT WOULD NOT, IF DONE ON LAND OWNED BY 11 AN OTHERWISE TAXABLE ENTITY, QUALIFY FOR TAX EXEMPTION SHALL SUBJECT THE 12 PORTION OF THE PROPERTY SO USED TO REAL PROPERTY TAXATION. SUCH PHRASE 13 SHALL BE STRICTLY CONSTRUED AND SHALL BE INTENDED TO LIMIT EXEMPTIONS TO 14 PROPERTY AND IMPROVEMENTS UTILIZED SOLELY FOR EXEMPT PURPOSES. WHERE AN 15 EXEMPT ORGANIZATION UTILIZES ITS LAND FOR OTHER PURPOSES, INCLUDING BUT 16 NOT LIMITED TO, THE SALE OF PRODUCTS MADE ON THE LAND COMMERCIALLY OR 17 THE SALE OF TIMBER, OR OTHERWISE LEASES THE LAND FOR COMMERCIAL 18 PURPOSES, OR ALLOWS THE PLACEMENT OR CONSTRUCTION OF IMPROVEMENTS ON THE 19 LAND FOR COMMERCIAL PURPOSES, THAT PORTION OF SUCH PROPERTY AND ANY 20 IMPROVEMENTS THEREON IF SUCH IMPROVEMENTS ARE NOT UTILIZED FOR WHOLLY 21 EXEMPT PURPOSES SHALL BE SUBJECT TO REAL PROPERTY TAXATION; 22 (III) "RELIGIOUS PURPOSES" SHALL MEAN AN ACTIVITY THAT IS FUNDAMENTAL, 23 NECESSARY AND INTRINSIC TO THE PRACTICE OF A RELIGION. MEDITATION OR 24 THE MAINTENANCE OF OPEN SPACE OR PROPERTY UTILIZED PRIMARILY FOR HIKING 25 SHALL NOT BE CONSIDERED A FUNDAMENTAL OR INTRINSIC RELIGIOUS PURPOSE. A 26 CORPORATION OR ASSOCIATION ORGANIZED OR CONDUCTED EXCLUSIVELY FOR A 27 RELIGIOUS PURPOSE SHALL HAVE ITS OWN BELIEFS, FORM OF WORSHIP AND FORM EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD15512-01-0 S. 6836 2 1 OF ORGANIZATION. NO EXEMPTION MAY BE CLAIMED FOR RELIGIOUS PURPOSES FOR 2 BUILDINGS WHICH ARE ON A PARCEL WHERE PERSONS LIVE IF SUCH PERSONS WORK 3 IN INCOME PRODUCING VENTURES WHERE THE INCOME EITHER GOES TO THE INDI- 4 VIDUAL OR TO ANOTHER CLAIMING THE EXEMPTION OR TO AN ORGANIZATION WHICH 5 IS LEGALLY ASSOCIATED OR AFFILIATED WITH THE INCOME PRODUCING VENTURE, 6 UNLESS SUCH GOODS OR SERVICES ARE EXCLUSIVELY AND WITHOUT EXCEPTION SOLD 7 TO OR PROVIDED TO INDIVIDUALS OF THE SAME RELIGION. FOR THE PURPOSES OF 8 THIS PARAGRAPH, THE TERM "INCOME" NEED NOT INCLUDE PAYMENT OF MONEY BUT 9 MAY INCLUDE THE RECEIPT BY AN INDIVIDUAL WHO HAS PROVIDED WORK OR HIS OR 10 HER FAMILY OF FOOD, OR CLOTHING OR SHELTER. THE FACT THAT INDIVIDUALS 11 LIVE IN A CLASSLESS SOCIETY SHALL NOT BE A FACTOR IN GRANTING OR DENYING 12 AN EXEMPTION BASED ON RELIGIOUS PURPOSES. THE PROVISIONS OF THIS SUBPAR- 13 AGRAPH SHALL NOT AFFECT THE PROVISIONS OF SECTION FOUR HUNDRED 14 THIRTY-SIX, FOUR HUNDRED SIXTY OR FOUR HUNDRED SIXTY-TWO OF THIS TITLE; 15 (IV) "EDUCATIONAL PURPOSE" SHALL MEAN EITHER: 16 (A) AN ACTIVITY WHICH SHALL BE UNDERTAKEN IN A MANNER WHICH SATISFIES 17 THE COMPULSORY EDUCATION REQUIREMENTS OF THE EDUCATION LAW OR AN ACTIV- 18 ITY WHICH IS DONE UNDER THE SUPERVISION OF AN ENTITY WHICH IS TAX EXEMPT 19 PURSUANT TO THE NOT-FOR-PROFIT CORPORATION LAW OR THE INTERNAL REVENUE 20 CODE AND THE ENTITY WHICH CONDUCTS SUCH ACTIVITIES CAN ISSUE A DIPLOMA 21 AND ALSO HOLDS A CERTIFICATE OF REGISTRATION ISSUED BY THE BOARD OF 22 REGENTS. SUCH TERM SHALL ALSO MEAN PURPOSES WHICH ARE EXCLUSIVELY USED 23 TO INCREASE THE KNOWLEDGE OF INDIVIDUALS AND WHICH ARE OWNED BY AN 24 INSTITUTION OF HIGHER LEARNING OR A SCHOOL OF MEDICINE, DENTISTRY OR 25 OSTEOPATHY CREATED BY LAW OR OTHERWISE AUTHORIZED BY THE BOARD OF 26 REGENTS OF THE STATE UNIVERSITY OF NEW YORK TO CONFER DEGREES AND WHICH 27 MEET STANDARDS OF EDUCATIONAL QUALITY COMPARABLE TO THOSE AS MAY BE 28 ESTABLISHED FROM TIME TO TIME BY THE BOARD OF REGENTS OF THE STATE 29 UNIVERSITY OF NEW YORK; SUCH TERM SHALL ALSO INCLUDE PROPERTY OWNED BY 30 ONE CLAIMING AN EXEMPTION FROM TAXATION FOR EDUCATIONAL PURPOSES WHICH 31 IS USED TO HOUSE INDIVIDUALS WHO ARE ACTIVELY ENGAGED AT LEAST ONE 32 HUNDRED TWENTY DAYS PER YEAR IN SEEKING TO SATISFY THE COMPULSORY EDUCA- 33 TION REQUIREMENTS OF THE EDUCATION LAW OR WHO ARE SEEKING A DEGREE, 34 CERTIFICATE, OR DIPLOMA, THROUGH A PROPERTY OWNER OR LESSEE WHICH HOLDS 35 A CERTIFICATE OF REGISTRATION ISSUED BY THE BOARD OF REGENTS OR WHO 36 HOLDS A CHARTER GRANTED BY THE NEW YORK STATE EDUCATION DEPARTMENT. AN 37 ENTITY CLAIMING EXEMPTION FOR EDUCATIONAL PURPOSES SHALL UTILIZE EACH 38 ACRE AT LEAST ONE HUNDRED TWENTY DAYS A YEAR EXCLUSIVELY FOR EDUCATIONAL 39 PURPOSES IN ORDER TO MAINTAIN AN EXEMPTION FROM PROPERTY TAXATION PURSU- 40 ANT TO THIS SUBPARAGRAPH; OR 41 (B) PROPERTY OWNED BY AN ORGANIZATION WHICH IS A NOT-FOR-PROFIT CORPO- 42 RATION OR IS OTHERWISE TAX EXEMPT PURSUANT TO THE INTERNAL REVENUE CODE, 43 EACH EXEMPT ACRE OF WHICH IS ACTIVELY AND EXCLUSIVELY USED AT LEAST 44 SIXTY DAYS PER YEAR BY PERSONS UNDER THE AGE OF TWENTY-ONE WHO ARE 45 LEARNING SKILLS RELATED TO NATURE, THE OUTDOORS AND/OR PERSONAL AND 46 CIVIC RESPONSIBILITIES. THE PROVISIONS OF THIS SUBPARAGRAPH SHALL BE 47 STRICTLY INTERPRETED. NOTWITHSTANDING ANY OTHER PORTION OF THIS SUBPAR- 48 AGRAPH, THE PROPERTY MAY ALSO BE UTILIZED BY ORGANIZATIONS OR INDIVID- 49 UALS FOR COMMUNITY MEETINGS OR COMMUNITY CLASSES OR EVENTS WHEN NO MORE 50 THAN THE ACTUAL EXPENSES OF UTILIZING THE FACILITY ARE CHARGED TO THE 51 ORGANIZATION OR INDIVIDUAL; PROVIDED NO ACTIVITY DESCRIBED IN THIS 52 SUBPARAGRAPH SHALL COUNT AS PART OF THE DAY REQUIREMENTS OTHERWISE 53 PROVIDED FOR IN THIS SUBPARAGRAPH. PROPERTY NECESSARY FOR THE CARRYING 54 OUT OF EDUCATIONAL PURPOSES, INCLUDING PROPERTY NECESSARY FOR TRANSPOR- 55 TATION FACILITIES, ATHLETIC FACILITIES, PARKING FACILITIES, OR ADMINIS- 56 TRATIVE OFFICES SHALL BE CONSIDERED AN EDUCATIONAL PURPOSE IF OWNED BY S. 6836 3 1 AN ORGANIZATION WHICH OTHERWISE QUALIFIES AS EXEMPT FOR EDUCATIONAL 2 PURPOSES; 3 (V) "CHARITABLE PURPOSES" SHALL MEAN AN ACTIVITY DONE WITHOUT PROFIT 4 WHICH ACTUALLY AND EXCLUSIVELY EITHER: 5 (A) UNDERTAKES SIGNIFICANT BLOOD DONATION INITIATIVES, AS WELL AS 6 OTHER HEALTH RELATED INITIATIVES, INCLUDING, BUT NOT LIMITED TO THE 7 TEACHING OF CLASSES, AND ALSO RESPONDS TO DISASTERS; OR 8 (B) WHICH ACTIVELY AND EXCLUSIVELY ALLEVIATES THE CONDITION OF POOR OR 9 PHYSICALLY OR MENTALLY DISABLED HUMANS. THE INTENDED BENEFICIARIES SHALL 10 NOT BE SPECIFIED INDIVIDUALS AND THE SERVICES PROVIDED BY AN ORGANIZA- 11 TION CLAIMING CHARITABLE EXEMPTION SHALL BE OPEN TO THE PUBLIC BASED ON 12 ECONOMIC OR PHYSICAL CRITERIA. AN ENTITY CLAIMING EXEMPTION FOR CHARITA- 13 BLE PURPOSES SHALL UTILIZE EACH ACRE AT LEAST ONE HUNDRED TWENTY DAYS A 14 YEAR EXCLUSIVELY FOR CHARITABLE PURPOSES IN ORDER TO MAINTAIN AN 15 EXEMPTION FROM PROPERTY TAXATION PURSUANT TO THIS SUBPARAGRAPH. FOR THE 16 PURPOSES OF THIS SECTION AND SECTION FOUR HUNDRED TWENTY-B OF THIS 17 TITLE, NO PERSON WHO RECEIVES FOOD, CLOTHING, OR HOUSING FROM AN EDUCA- 18 TIONAL, CHARITABLE, RELIGIOUS, MORAL OR MENTAL IMPROVEMENT OF MEN, 19 WOMEN, AND CHILDREN ENTITY SHALL BE DETERMINED TO BE POOR BECAUSE SUCH 20 PERSON OR HIS OR HER FAMILY GIVES AS MUCH OR MORE OF THEIR INCOME TO THE 21 CHARITABLE ENTITY OR ANOTHER ENTITY WHICH IS TAX EXEMPT PURSUANT TO THE 22 INTERNAL REVENUE CODE OR EXEMPT FROM REAL PROPERTY TAXATION UNDER THIS 23 SECTION, OR BOTH, AS WOULD BE REQUIRED TO MAKE A DETERMINATION THAT THAT 24 PERSON OR HIS OR HER SPOUSE OR CHILD IS POOR; 25 (VI) "HOSPITAL PURPOSES" SHALL MEAN A HOSPICE FACILITY AS DEFINED IN 26 ARTICLE FORTY OF THE PUBLIC HEALTH LAW AS WELL AS A HOSPITAL FACILITY OR 27 INSTITUTION ENGAGED PRINCIPALLY IN PROVIDING SERVICES BY OR UNDER THE 28 SUPERVISION OF A PHYSICIAN FOR THE PREVENTION, DIAGNOSIS OR TREATMENT OF 29 HUMAN DISEASE, PAIN, INJURY, DEFORMITY OR PHYSICAL CONDITION AND WHICH 30 IS CERTIFIED OR LICENSED PURSUANT TO ARTICLE TWENTY-EIGHT OF THE PUBLIC 31 HEALTH LAW, AND WHICH ON AN ONGOING AND CONSTANT BASIS PROVIDES OVER- 32 NIGHT ACCOMMODATIONS TO THOSE IN NEED OF MEDICAL SERVICES. IT SHALL ALSO 33 INCLUDE FACILITIES OWNED BY A HOSPITAL FACILITY OR CORPORATION RELATED 34 THERETO WHICH PROVIDES MEDICAL CARE, EVEN IF NOT ON A CONSTANT BASIS. IT 35 SHALL ALSO INCLUDE RELATED PARKING FACILITIES WHICH EXCLUSIVELY SERVE 36 THE HOSPITAL AS WELL AS RELATED GROUNDS WHICH ARE USED BY HOSPITAL 37 PATIENTS; AND SHALL ALSO INCLUDE AN EMERGENCY ROOM, WHICH IS DEFINED TO 38 MEAN A CENTER OPEN ON A CONTINUOUS BASIS WHICH PROVIDES EMERGENCY CARE 39 FOR THOSE IN NEED OF MEDICAL SERVICES AND WHICH IS IN THE SAME BUILDING 40 AS A HOSPITAL. IT SHALL NOT INCLUDE LIVING ACCOMMODATIONS FOR HOSPITAL 41 PERSONNEL OR THEIR FAMILIES; 42 (VII) "MORAL OR MENTAL IMPROVEMENT OF MEN, WOMEN, OR CHILDREN" SHALL 43 INCLUDE EACH OF THE FOLLOWING CATEGORIES OF REAL PROPERTY DESCRIBED IN 44 THIS SUBPARAGRAPH. IN ORDER TO BE EXEMPT FROM TAXATION, EACH ACRE SHALL 45 HAVE TO BE ACTIVELY AND ACTUALLY UTILIZED FOR AN EXEMPT PURPOSE AT LEAST 46 ONE HUNDRED TWENTY DAYS IN ANY YEAR AN EXEMPTION IS CLAIMED FOR OR 47 SOUGHT. IN ADDITION, THE PROPERTY, IN ADDITION TO ANY OTHER REQUIREMENT, 48 SHALL BE CLASSIFIED AS NOT-FOR-PROFIT OR TAX EXEMPT UNDER THE INTERNAL 49 REVENUE CODE. 50 (A) REAL PROPERTY PRIMARILY USED TO FACILITATE OR ENHANCE THE ARTS; 51 (B) REAL PROPERTY PRIMARILY USED IN THE STUDY OF SCIENCES, BIOLOGY, 52 AND HORTICULTURE; 53 (C) REAL PROPERTY PRIMARILY USED FOR THE BENEFIT OF NON-HUMAN ANIMALS; 54 (D) REAL PROPERTY WHICH IS OPEN TO THE PUBLIC AND IS PRIMARILY UNIM- 55 PROVED AND IS KEPT OPEN FOR HIKING, WALKING, OR FORMS OF EXERCISE WHICH 56 DO NOT COMMONLY USE MECHANIZED DEVICES EXCEPT BY THOSE PERSONS WHO ARE S. 6836 4 1 DISABLED OR OTHERWISE UNABLE TO WALK WITHOUT MECHANIZED ASSISTANCE. SUCH 2 OPEN SPACE MAY BE OPEN TO THE PUBLIC UPON THE PAYMENT OF A FEE WHICH IS 3 DIRECTLY RELATED TO THE COSTS OF MAINTAINING THE PROPERTY, INCLUDING THE 4 IMPROVEMENTS THEREON. OPEN SPACE SHALL NOT INCLUDE ANY PROPERTY OR 5 PORTION THEREFOR FROM WHICH THE PUBLIC IS EXCLUDED EXCEPT FOR EXCLUSIONS 6 BASED EXCLUSIVELY ON PUBLIC HEALTH PURPOSES, AS DETERMINED BY A GOVERN- 7 MENTAL AGENCY, OR FOR PUBLIC SAFETY REASONING, AS DETERMINED BY THE 8 PROPERTY OWNER, SUCH DETERMINATION TO BE REVIEWABLE IN ANY COURT HAVING 9 EQUITY JURISDICTION AND A PRESUMPTION SHALL BE ATTACHED THERETO THAT THE 10 PROPERTY OWNER'S DETERMINATION IS REASONABLE. ATTORNEYS FEES MAY BE 11 AWARDED, AT THE DISCRETION OF THE COURT, FOR ANY PRIMARILY PREVAILING 12 PARTY WHO COMMENCES OR DEFENDS A CIVIL ACTION BASED ON THE PUBLIC SAFETY 13 ASPECTS OF THIS SUBPARAGRAPH; 14 (E) "LAND TRUST" SHALL MEAN REAL PROPERTY WHICH IS PRIMARILY UNIM- 15 PROVED. NO OWNER SHALL BE ENTITLED TO A PROPERTY TAX EXEMPTION AS A LAND 16 TRUST UNLESS THAT PROPERTY OWNER MEETS ALL OF THE FOLLOWING CRITERIA: 17 (1) ENTERS INTO A CONTRACT WITH THE ASSESSING UNIT WHICH PROVIDES THAT 18 THE LAND IN THE LAND TRUST MAY NOT BE SOLD OR ENCUMBERED, EXCEPT BY 19 MORTGAGE OR CONSERVATION EASEMENT, WITHOUT THE PROPERTY OWNER, WITHIN 20 THIRTY DAYS OF SUCH SALE OR ENCUMBRANCE, ENTERING INTO A VALID CONTRACT 21 TO PURCHASE LAND OF AT LEAST AN EQUAL VALUE IN THE STATE OF NEW YORK TO 22 BE PLACED IN A LAND TRUST AND ACTUALLY SO PURCHASING WITHIN ONE YEAR OF 23 ENTERING INTO SUCH CONTRACT; (2) IS INCLUDED AS PART OF A LAWFULLY 24 ENACTED COMPREHENSIVE PLAN BY THE COUNTY, CITY, TOWN, OR VILLAGE WHICH 25 SUCH PROPERTY IS IN OR IS IDENTIFIED IN AN OFFICIAL OPEN SPACE OR 26 NATURAL RESOURCES PROTECTION PLAN DULY ADOPTED BY A FEDERAL, STATE OR 27 LOCAL GOVERNMENT OR AGENCY THEREOF; (3) EXISTS AS A LAND TRUST TO 28 PROTECT ECOLOGICAL RESOURCES WHICH ARE CONSIDERED VALUABLE IN A LAWFULLY 29 ENACTED COMPREHENSIVE PLAN PROVIDED THAT PUBLIC ACCESS SHALL NOT BE A 30 CRITERIA IN DETERRING AN EXEMPTION FROM TAXATION FOR LAND TRUST 31 PURPOSES; AND (4) UNLESS THE GOVERNING BOARD OF THE TOWN, CITY, OR 32 VILLAGE WHERE THE PROPERTY IS SITUATED PASSES A RESOLUTION TO THE 33 CONTRARY, IF THE PURCHASE, REFERRED TO IN ITEM (A) OF THIS CLAUSE DOES 34 NOT OCCUR WITHIN THE TIME LIMITATIONS PROVIDED IN SUCH ITEM, THE LAND 35 TRUST SHALL BE LIABLE FOR ALL TAX PAYMENTS WHICH SUCH LAND TRUST WOULD 36 HAVE PAID ON THE PROPERTY SUCH LAND TRUST SOLD FOR THE PERIOD OF TIME 37 WHICH SUCH LAND TRUST WOULD HAVE OWED TO ALL LAWFUL TAXING JURISDICTIONS 38 UNLESS THE TITLE TO THE LAND SUCH LAND TRUST ENTERED INTO A CONTRACT TO 39 PURCHASE WAS UNMARKETABLE OR THE SELLER OF SUCH PROPERTY WITHDREW THE 40 OFFER TO SELL IN WHICH CASE SUCH LAND TRUST SHALL HAVE AN ADDITIONAL 41 THREE HUNDRED SIXTY-FIVE DAY PERIOD TO PURCHASE AND CLOSE TITLE ON PROP- 42 ERTY IN THE STATE OF NEW YORK, THE VALUE OF WHICH IS AT LEAST EQUAL TO 43 THE VALUE OF THE PROPERTY SUCH LAND TRUST SOLD WHICH REQUIRED THE 44 PURCHASE OF THE PROPERTY WHOSE TITLE WAS UNMARKETABLE OR WHOSE OFFER TO 45 SELL WAS WITHDRAWN; 46 (F) "PERSONAL IMPROVEMENT" SHALL MEAN REAL PROPERTY OTHER THAN THAT 47 PROVIDED FOR IN CLAUSE (B) OF SUBPARAGRAPH (IV) OF THIS PARAGRAPH, WHICH 48 IS USED PRIMARILY BY PERSONS UNDER THE AGE OF TWENTY-ONE WHO ARE LEARN- 49 ING SKILLS RELATED TO NATURE, THE OUTDOORS AND/OR PERSONAL AND CIVIC 50 RESPONSIBILITIES. SUCH PROPERTY SHALL BE OWNED BY ORGANIZATIONS OR ASSO- 51 CIATIONS WHICH ARE TAX EXEMPT UNDER THE INTERNAL REVENUE CODE. NOTWITH- 52 STANDING ANY PART OF THIS SUBDIVISION TO THE CONTRARY, EACH ACRE OF 53 PROPERTY EXEMPTED AS PERSONAL IMPROVEMENT PROPERTY NEED ONLY BE UTILIZED 54 NINETY DAYS PER YEAR IN ORDER TO MAINTAIN SUCH PROPERTY'S EXEMPTION; 55 (G) "NON-SCHOLASTIC EDUCATIONAL" SHALL MEAN REAL PROPERTY OWNED BY AN 56 ORGANIZATION WHICH IS TAX EXEMPT UNDER THE INTERNAL REVENUE CODE AND S. 6836 5 1 WHICH IS PRIMARILY USED TO IMPROVE THE INTELLECTUAL CAPABILITIES OF 2 HUMAN BEINGS WHICH DO NOT OTHERWISE QUALIFY FOR TAX EXEMPTION PURSUANT 3 TO THIS SECTION; 4 (H) "RECREATIONAL" SHALL MEAN REAL PROPERTY OWNED BY AN ORGANIZATION 5 WHICH IS TAX EXEMPT UNDER THE INTERNAL REVENUE CODE AND WHICH PROVIDES 6 RECREATIONAL OPPORTUNITY FOR INDIVIDUALS REGARDLESS OF ABILITY TO PAY. 7 RECREATIONAL OPPORTUNITIES CAN BE EITHER INDOORS OR OUTDOORS AND MAY 8 INCLUDE OVERNIGHT OPPORTUNITIES PRIMARILY FOR PERSONS UNDER THE AGE OF 9 TWENTY-ONE YEARS; 10 (I) "MEDICAL PURPOSES" SHALL MEAN REAL PROPERTY OTHERWISE OWNED BY AN 11 ORGANIZATION WHICH IS TAX EXEMPT UNDER THE INTERNAL REVENUE CODE AND 12 WHICH IS NOT A HOSPITAL AS DEFINED BY THIS SECTION BUT WHICH QUALIFIES 13 AS A HOSPITAL AS DEFINED IN ARTICLE TWENTY-EIGHT OF THE PUBLIC HEALTH 14 LAW. NOTWITHSTANDING ANY PROVISION OF THIS SUBDIVISION TO THE CONTRARY, 15 PROPERTY EXEMPTED FOR MEDICAL PURPOSES NEED NOT MEET ANY MINIMUM USAGE 16 REQUIREMENT IN TERMS OF THE NUMBER OF DAYS EACH ACRE IS ACTIVELY AND 17 ACTUALLY USED; 18 (J) "HOME CARE SERVICES" SHALL MEAN REAL PROPERTY OTHERWISE OWNED BY 19 AN ORGANIZATION WHICH IS TAX EXEMPT UNDER THE INTERNAL REVENUE CODE AND 20 IS A HOME CARE SERVICES AGENCY AS DEFINED IN ARTICLE THIRTY-SIX OF THE 21 PUBLIC HEALTH LAW, NOTWITHSTANDING ANY PROVISION OF THIS SUBDIVISION TO 22 THE CONTRARY, PROPERTY EXEMPTED FOR HOME CARE SERVICES PURPOSES NEED NOT 23 MEET ANY MINIMUM USAGE REQUIREMENT IN TERMS OF THE NUMBER OF DAYS EACH 24 ACRE IS ACTIVELY AND ACTUALLY USED; 25 (K) "RESIDENTIAL HEALTH CARE FACILITY" SHALL MEAN REAL PROPERTY OTHER- 26 WISE OWNED BY AN ORGANIZATION WHICH IS TAX EXEMPT AS A RESIDENTIAL 27 HEALTH CARE FACILITY AS DEFINED IN ARTICLE TWENTY-EIGHT OF THE PUBLIC 28 HEALTH LAW. NOTWITHSTANDING ANY PROVISION OF THIS SUBDIVISION TO THE 29 CONTRARY, PROPERTY EXEMPTED FOR RESIDENTIAL HEALTH CARE FACILITY 30 PURPOSES NEED NOT MEET ANY MINIMUM USAGE REQUIREMENT IN TERMS OF THE 31 NUMBER OF DAYS EACH ACRE IS ACTIVELY AND ACTUALLY USED; 32 (L) "OTHER MEDICAL PURPOSES" SHALL MEAN REAL PROPERTY WHICH OTHERWISE 33 IS OWNED BY AN ORGANIZATION WHICH IS TAX EXEMPT UNDER THE INTERNAL 34 REVENUE CODE AND IS USED TO PROVIDE MEDICAL SERVICES TO THOSE IN NEED. 35 NOTWITHSTANDING ANY PROVISION OF THIS SUBDIVISION TO THE CONTRARY, PROP- 36 ERTY EXEMPTED FOR OTHER MEDICAL PURPOSES NEED NOT MEET ANY MINIMUM USAGE 37 REQUIREMENT IN TERMS OF THE NUMBER OF DAYS EACH ACRE IS ACTIVELY AND 38 ACTUALLY USED; 39 (M) "PRIMARILY CHARITABLE PURPOSES" SHALL MEAN AN ACTIVITY DONE ON 40 REAL PROPERTY OWNED BY AN ORGANIZATION WHICH IS TAX EXEMPT UNDER THE 41 INTERNAL REVENUE CODE AND WHICH ACTUALLY AND PRIMARILY ALLEVIATES THE 42 CONDITION OF POOR OR PHYSICALLY OR MENTALLY DISABLED HUMANS. THE 43 INTENDED BENEFICIARIES SHALL NOT BE SPECIFIED INDIVIDUALS AND THE 44 SERVICES PROVIDED BY AN ORGANIZATION CLAIMING CHARITABLE EXEMPTION SHALL 45 BE OPEN TO THE PUBLIC BASED ON ECONOMIC OR PHYSICAL CRITERIA; AND 46 (N) "OTHER MORAL OR MENTAL IMPROVEMENT" SHALL MEAN REAL PROPERTY OWNED 47 BY AN ORGANIZATION WHICH IS TAX EXEMPT UNDER THE INTERNAL REVENUE CODE 48 AND WHICH IS DEDICATED IN A MANNER OTHER THAN AS PROVIDED IN THIS PARA- 49 GRAPH TO THE MORAL OR MENTAL IMPROVEMENT OF MEN, WOMEN, OR CHILDREN. 50 S 2. Subdivision 1 of section 420-b of the real property tax law is 51 amended by adding a new paragraph (d) to read as follows: 52 (D) WHEN USED IN THIS SECTION: 53 (I) "ORGANIZED EXCLUSIVELY" SHALL REQUIRE THAT A CORPORATION'S OR 54 ASSOCIATION'S ORGANIZATIONAL DOCUMENTS LIMIT THE PURPOSE OF SUCH CORPO- 55 RATION OR ASSOCIATION TO ONE OR MORE EXEMPT PURPOSES, AS SET OUT IN 56 PARAGRAPH (A) OF THIS SUBDIVISION. FURTHERMORE, THE CORPORATION OR ASSO- S. 6836 6 1 CIATION SHALL NOT BE EMPOWERED TO ENGAGE IN ACTIVITIES WHICH IN THEM- 2 SELVES ARE NOT IN FURTHERANCE OF ONE OR MORE SUCH PURPOSES; AND 3 (II) "USED EXCLUSIVELY" SHALL REQUIRE THAT A CORPORATION OR ASSOCI- 4 ATION USE ITS PROPERTY ONLY FOR EXEMPT PURPOSES. USES WHICH MAY BE HELP- 5 FUL TO THE EXEMPT ORGANIZATION BUT WOULD NOT, IF DONE ON LAND OWNED BY 6 AN OTHERWISE TAXABLE ENTITY, QUALIFY FOR TAX EXEMPTION SHALL SUBJECT THE 7 PORTION OF THE PROPERTY SO USED TO REAL PROPERTY TAXATION. SUCH PHRASE 8 SHALL BE STRICTLY CONSTRUED AND SHALL BE INTENDED TO LIMIT EXEMPTIONS TO 9 PROPERTY AND IMPROVEMENTS UTILIZED SOLELY FOR EXEMPT PURPOSES. WHERE AN 10 EXEMPT ORGANIZATION UTILIZES ITS LAND FOR OTHER PURPOSES, INCLUDING BUT 11 NOT LIMITED TO, THE SALE OF PRODUCTS MADE ON THE LAND COMMERCIALLY OR 12 THE SALE OF TIMBER, OR OTHERWISE LEASES THE LAND FOR COMMERCIAL 13 PURPOSES, OR ALLOWS THE PLACEMENT OR CONSTRUCTION OF IMPROVEMENTS ON THE 14 LAND FOR COMMERCIAL PURPOSES, THAT PORTION OF SUCH PROPERTY AND ANY 15 IMPROVEMENTS THEREON IF SUCH IMPROVEMENTS ARE NOT UTILIZED FOR WHOLLY 16 EXEMPT PURPOSES SHALL BE SUBJECT TO REAL PROPERTY TAXATION. 17 S 3. The real property tax law is amended by adding a new section 18 420-d to read as follows: 19 S 420-D. STATE AID PAYMENTS FOR PROPERTIES EXEMPTED FROM TAXATION. 1. 20 DEFINITIONS. (A) FOR THE PURPOSE OF THIS SECTION, THE PHRASE "TAXING 21 DISTRICT" SHALL INCLUDE SCHOOLS, COUNTIES, CITIES, TOWNS, VILLAGES, AS 22 WELL AS LAWFULLY FORMED DISTRICTS WHICH PROVIDE SERVICES, INCLUDING, BUT 23 NOT LIMITED TO FIRE PROTECTION DISTRICTS, AMBULANCE DISTRICTS, AS WELL 24 AS OTHER LAWFULLY FORMED DISTRICTS WHICH DO NOT RECEIVE PAYMENTS FROM AN 25 AFFECTED PROPERTY OWNER. 26 (B) FOR THE PURPOSES OF THIS SECTION, THE PHRASE "AFFECTED PROPERTY 27 OWNER" SHALL MEAN AN ORGANIZATION WHICH IS EXEMPT FROM TAXATION PURSUANT 28 TO THE INTERNAL REVENUE CODE AND WHICH OWNS PROPERTY DESCRIBED IN CLAUSE 29 (B) OF SUBPARAGRAPH (IV) OF PARAGRAPH (C) OF SUBDIVISION ONE OF SECTION 30 FOUR HUNDRED TWENTY-A OF THIS TITLE. 31 2. STATE AID PAYMENTS. A TAXING DISTRICT IN WHICH PROPERTY IS SITUATED 32 WHICH PROPERTY IS OWNED BY AN AFFECTED PROPERTY OWNER SHALL, SUBJECT TO 33 THE PROVISIONS OF THIS SECTION, BE ENTITLED TO RECEIVE UP TO ONE HUNDRED 34 PERCENT OF THE TAXES WHICH WOULD HAVE BEEN PAID ON SUCH PROPERTY HAD 35 SUCH PROPERTY NOT BEEN OWNED BY AN AFFECTED PROPERTY OWNER. 36 3. APPLICATION. (A) THE CHIEF EXECUTIVE OFFICER OF A TAXING DISTRICT 37 IN WHICH THERE IS PROPERTY OWNED BY AN AFFECTED PROPERTY OWNER MAY MAKE 38 APPLICATION FOR STATE ASSISTANCE PURSUANT TO THIS SECTION. SUCH APPLICA- 39 TION SHALL BE ON A FORM DEVELOPED BY THE STATE OFFICE OF REAL PROPERTY 40 SERVICES. UPON RECEIPT OF THE APPLICATION FOR STATE ASSISTANCE, SUCH 41 PROPERTY SHALL BE VALUED BY THE STATE BOARD AND THE CUMULATIVE VALUE OF 42 ALL SUCH LANDS SHALL BE EQUALIZED BY APPLYING THERETO THE APPROPRIATE 43 STATE EQUALIZATION RATE OR SPECIAL EQUALIZATION RATE ESTABLISHED IN 44 ACCORDANCE WITH THE RULES OF THE STATE BOARD. 45 (B) SUBJECT TO AN ACCEPTABLE APPLICATION, THE STATE BOARD SHALL 46 COMPUTE THE AMOUNT OF STATE ASSISTANCE PAYABLE TO OR FOR THE BENEFIT OF 47 EACH TAXING DISTRICT BY MULTIPLYING THE VALUE OF THE ASSESSED PROPERTY 48 BY THE TAX RATE PER THOUSAND FOR EACH TAXING DISTRICT WHO MAKES APPLICA- 49 TION PURSUANT TO THE PROVISIONS HEREIN. SUCH AMOUNT SHALL THEN BE PAID 50 TO THE TAXING DISTRICT UPON THE AUDIT AND WARRANT OF THE STATE COMP- 51 TROLLER OUT OF MONEYS APPROPRIATED BY THE LEGISLATURE. IN THE EVENT THAT 52 THE TOTAL MONEYS PAYABLE PURSUANT TO THIS SECTION SHALL EXCEED TEN 53 MILLION DOLLARS IN ANY STATE FISCAL YEAR, THE PAYMENTS TO TAXING 54 DISTRICT SHALL BE REDUCED PROPORTIONATELY FOR EACH TAXING DISTRICT WHICH 55 HAS TIMELY MADE APPLICATION PURSUANT TO THIS SECTION. S. 6836 7 1 4. RULES. THE STATE BOARD IS AUTHORIZED TO DEVELOP RULES AND REGU- 2 LATIONS OR GUIDELINES FOR THE IMPLEMENTATION OF THIS SECTION. 3 S 4. The sum of ten million dollars ($10,000,000) or so much thereof 4 as may be necessary, is hereby appropriated to the state office of real 5 property services from any moneys in the state treasury in the general 6 fund to the credit of the state purposes account not otherwise appropri- 7 ated for services and expenses of the state office of real property 8 services for the purposes of carrying out the provisions of this act. 9 Such sum shall be payable on the audit and warrant of the state comp- 10 troller on vouchers certified or approved by the executive director of 11 the state office of real property services, or his or her duly desig- 12 nated representative in the manner provided by law. No expenditure shall 13 be made from this appropriation until a certificate of approval of 14 availability shall have been issued by the director of the budget and 15 filed with the state comptroller and a copy filed with the chair of the 16 senate finance committee and the chair of the assembly ways and means 17 committee. Such certificate may be amended from time to time by the 18 director of the budget and a copy of each such amendment shall be filed 19 with the state comptroller, the chair of the senate finance committee 20 and the chair of the assembly ways and means committee. 21 S 5. This act shall take effect on the first of January next succeed- 22 ing the date on which it shall have become a law and shall apply to 23 assessment rolls prepared on the basis of taxable status dates occurring 24 on or after such date.