Bill Text: NY S07229 | 2013-2014 | General Assembly | Amended
Bill Title: Authorizes towns with a population between fifty-six thousand seven hundred and fifty-six thousand eight hundred based upon the two thousand ten federal census to enact a hospitality business investment real property tax exemption.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2014-11-21 - SIGNED CHAP.470 [S07229 Detail]
Download: New_York-2013-S07229-Amended.html
S T A T E O F N E W Y O R K
________________________________________________________________________
7229--B
I N S E N A T E
May 6, 2014
___________
Introduced by Sen. LAVALLE -- 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 -- committee discharged, bill amended,
ordered reprinted as amended and recommitted to said committee
AN ACT in relation to authorizing towns with a population between
fifty-six thousand seven hundred and fifty-six thousand eight hundred
based upon the latest decennial federal census to enact a hospitality
business investment real property tax exemption
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 law to the contrary, real
2 property in towns with a population between fifty-six thousand seven
3 hundred and fifty-six thousand eight hundred based upon the latest
4 decennial federal census constructed, altered, installed or improved,
5 subsequent to January 1, 2015 for the purpose of hospitality business
6 activity, as defined in section five of this act, shall be exempt from
7 taxation and special ad valorem levies for town, special district, coun-
8 ty and school district purposes, exclusive of special ad valorem levies
9 for fire district, fire protection district and fire alarm district
10 purposes, to the extent hereinafter provided.
11 S 2. (a) Such real property shall be exempt for a period of one year
12 to the extent of fifty per centum of the increase in assessed value
13 thereof attributable to such construction, alteration, installation or
14 improvement and for an additional period of nine years provided, howev-
15 er, that the extent of such exemption shall be decreased by five per
16 centum each year during such additional period of nine years and such
17 exemption shall be computed with respect to the "exemption base". The
18 exemption base shall be the increase in assessed value as determined in
19 the initial year of such ten year period following the filing of an
20 original application.
21 (b) The following table shall illustrate the computation of the tax
22 exemption:
23 Year of exemption Percentage of exemption
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD14898-04-4
S. 7229--B 2
1 1 50
2 2 45
3 3 40
4 4 35
5 5 30
6 6 25
7 7 20
8 8 15
9 9 10
10 10 5
11 (c) No such exemption shall be granted unless (1) such construction,
12 alteration, installation or improvement was commenced subsequent to the
13 first day of January, 2015 or such later date as may be specified by
14 local law or resolution; (2) the cost of such construction, alteration,
15 installation or improvement exceeds the sum of one hundred thousand
16 dollars or such greater amount as may be specified by local law or
17 resolution; and (3) such construction, alteration, installation or
18 improvement is completed as may be evidenced by a certificate of occu-
19 pancy or other appropriate documentation as provided by the owner.
20 (d) For purposes of this act the terms construction, alteration,
21 installation and improvement shall not include ordinary maintenance and
22 repairs.
23 S 3. Such exemption shall be granted only upon application by the
24 owner of such real property on a form prescribed by the commissioner of
25 taxation and finance. Such application shall be filed with the assessor
26 of the town on or before the appropriate taxable status date of the town
27 within one year from the date of completion of such construction, alter-
28 ation, installation or improvement.
29 S 4. If the assessor is satisfied that the applicant is entitled to an
30 exemption pursuant to this act, he or she shall approve the application
31 and such real property shall thereafter be exempt from taxation and
32 special ad valorem levies, except for special ad valorem levies for fire
33 district, fire protection district and fire alarm district purposes, as
34 herein provided commencing with the assessment roll prepared after the
35 taxable status date referred to in section three of this act. The
36 assessed value of any exemption granted pursuant to this section shall
37 be entered by the assessor on the assessment roll with the taxable prop-
38 erty, with the amount of the exemption shown in a separate column.
39 S 5. The provisions of this act shall only apply to real property
40 within the town used primarily for hospitality business activity. For
41 the purposes of this act, "hospitality business activity" shall mean the
42 commercial furnishing of accommodations to overnight transient guests,
43 including but not limited to hotels, motels, and bed and breakfasts. A
44 transient guest shall be defined as one whose stay on such property is
45 daily or weekly, but not to exceed 31 days in any calendar year.
46 S 6. In the event that real property granted an exemption pursuant to
47 this section ceases to be used primarily for eligible purposes, the
48 exemption granted pursuant to this section shall cease.
49 S 7. Any local government, by local law, and any school district, by
50 resolution, may reduce the percentum of exemption otherwise allowed
51 pursuant to this act; provided, however, that a project in course of
52 construction and exemptions existing prior in time to passage of any
53 such local law or resolution shall not be subject to any such reduction
54 so effected. Any local government or school district that has reduced
55 the percentum of exemption pursuant to this section may thereafter, by
56 local law or resolution as the case may be, increase the percentum of
S. 7229--B 3
1 exemption up to any percentum not exceeding the maximum allowed by
2 section two of this act, whichever is applicable, provided, however,
3 that any such local law or resolution shall apply only to construction,
4 alterations, installations, or improvements commenced subsequent to the
5 effective date of such local law or resolution. A copy of all such local
6 laws or resolutions shall be filed with the assessor of the town and the
7 commissioner of taxation and finance.
8 S 8. This act shall take effect immediately.
