Bill Text: NY S08963 | 2017-2018 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Relates to the administration of real property tax refunds and credits in Nassau county on class four property.

Spectrum: Committee Bill

Status: (Introduced - Dead) 2018-06-19 - SUBSTITUTED BY A11216 [S08963 Detail]

Download: New_York-2017-S08963-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          8963
                    IN SENATE
                                      June 7, 2018
                                       ___________
        Introduced  by COMMITTEE ON RULES -- read twice and ordered printed, and
          when printed to be committed to the Committee on Rules
        AN ACT to amend the Nassau county administrative code,  in  relation  to
          the  administration  of  real  property tax refunds, cancellations and
          credits in Nassau county on class four real property
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1. Section 6-41.0 of chapter 272 of the laws of 1939, consti-
     2  tuting the Nassau county administrative code, as added by chapter 458 of
     3  the laws of 2014, is amended to read as follows:
     4    § 6-41.0 [Levy and extension  of  taxes;  class  four  real  property.
     5  Notwithstanding  any  provision  of  law  to  the contrary, in a special
     6  assessing unit which is not a city, all  real  property  taxes  on  real
     7  property  classified as class four under section eighteen hundred two of
     8  the real property tax law on the final assessment roll shall  be  levied
     9  and extended in the following manner:
    10    a.  Such taxes shall be levied and extended on each property's assess-
    11  ment on the final assessment roll except as provided  in  this  section.
    12  Where  a  timely proceeding under title one of article seven of the real
    13  property tax law has been initiated the assessed value upon which  taxes
    14  are  levied and extended shall be the assessment claimed on the petition
    15  initiating such timely proceeding; provided  however,  that  where  such
    16  timely petition claims a reduction greater than ten percent of a proper-
    17  ty's  assessment  on the final assessment roll taxes shall be levied and
    18  extended on the tax roll equal to  ninety  percent  of  such  property's
    19  assessment  on  the  final assessment roll unless the assessor in his or
    20  her discretion based on reasonable evidence determines that it is in the
    21  best interest of the county to levy and extend taxes based on a  claimed
    22  reduction  greater  than ten percent such that taxes shall be levied and
    23  extended based on such reduced assessment.
    24    b. Each property where taxes are levied  and  extended  based  on  the
    25  assessment  contained  in  a  petition  pursuant to title one of article
    26  seven of the real property tax law as provided for in subdivision  a  of
    27  this  section  shall  be  responsible  for  paying a disputed assessment

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD16208-01-8
        S. 8963                             2

     1  charge.  The amount of such disputed assessment charge shall  be  deter-
     2  mined  notwithstanding any provision of law to the contrary by subtract-
     3  ing the assessment on the tax roll upon  which  taxes  were  levied  and
     4  extended  from  the  property's  assessment on the final assessment roll
     5  with the difference then multiplied by the  tax  rates  applied  to  the
     6  assessment  on  the  tax roll upon which taxes were levied and extended.
     7  Such disputed assessment  charge  shall  be  calculated,  collected  and
     8  administered in the same manner as Nassau county real property taxes.
     9    c.  The  disputed assessment charge shall appear as a separate item on
    10  the bill submitted to property owners by each  receiver  of  taxes.  The
    11  revenues  from  such  charges  shall be placed in a special revenue fund
    12  hereby established as the disputed assessment fund which shall be  main-
    13  tained  and  administered  by the Nassau county treasurer. The monies in
    14  such fund shall be used  solely  for  the  purposes  specified  in  this
    15  section.
    16    d.  Refunds  of real property taxes on class four properties resulting
    17  from a settlement or final order from a count of competent  jurisdiction
    18  on a petition pursuant to title one of article seven of the real proper-
    19  ty  tax  law  or a determination or stipulation by the assessment review
    20  commission shall be paid from the disputed assessment fund.
    21    e. Any monies paid into the disputed assessment fund with respect to a
    22  property remaining after proceedings under title one of article seven of
    23  the real property tax law have been settled or otherwise finally  deter-
    24  mined  by  a  court  of  competent jurisdiction or the assessment review
    25  commission shall be distributed pro rata to the county and the  applica-
    26  ble school district, town and special districts.
    27    f.  The levy and extension of taxes based on the petition initiating a
    28  timely proceeding as provided in subdivision a of this section shall not
    29  affect the application of any other provision of law except as expressly
    30  provided in this section.] Disputed assessment  fund.    Notwithstanding
    31  the  provisions of section eighteen hundred three-b of the real property
    32  tax law or any other law to the contrary except  as  expressly  provided
    33  herein:
    34    a. The county of Nassau shall levy charges annually on class four real
    35  property as defined in section eighteen hundred two of the real property
    36  tax  law  to  fund  the payment of refunds, cancellations and credits of
    37  property taxes and other levies on properties within such class  in  the
    38  ensuing fiscal year in the manner provided in this section.
    39    b.  Such  charges  shall be calculated, levied, collected and adminis-
    40  tered in the same manner as Nassau county real property taxes, except as
    41  otherwise provided in this section.
    42    c. The amount of such levy shall be not more than ten percent of class
    43  four levies on the county tax roll for county,  town,  special  district
    44  and school district property taxes and other levies.
    45    d.  Such  levies  shall appear as a separate item on the annual county
    46  tax bill submitted to property owners by each  receiver  of  taxes.  The
    47  amounts  from  such  levies  shall  be  placed in a separate fund hereby
    48  established as the disputed assessment fund which  shall  be  maintained
    49  and administered by the Nassau county treasurer; provided, however, that
    50  nothing  in  this  section shall prevent the county from paying into the
    51  disputed assessment fund monies from other  funds  or  sources  for  the
    52  purposes  specified  in  this section. The monies collected in such fund
    53  shall be used solely for the purposes  specified  in  this  section  and
    54  shall not be deemed county revenues.
    55    e. Refunds, cancellations and credits of real property taxes and other
    56  levies  on class four real property resulting from a settlement or final
        S. 8963                             3
     1  order from a court of competent jurisdiction or a determination or stip-
     2  ulation by the assessment review  commission  shall  be  paid  from  the
     3  disputed  assessment fund; provided, however, monies paid from such fund
     4  shall  not be deemed county expenditures.  Nothing in this section shall
     5  prevent the county from funding the costs of any refunds,  cancellations
     6  and  credits of real property taxes and other levies from other funds or
     7  sources.
     8    f. The provisions of this section shall not affect the application  of
     9  title  three  of  article five of the real property tax law or any other
    10  provision of law except as expressly provided in this section.
    11    § 2. Chapter 458 of the laws of 2014 shall apply only to real property
    12  taxes and other amounts levied on the 2016-2017 and 2017-2018 tax rolls,
    13  and the charges collected in connection with such  tax  rolls  shall  be
    14  accounted for separately from amounts collected on subsequent tax rolls.
    15    §  3. Severability. If any provision of this act or if any application
    16  thereof to any person or circumstances is held invalid, the remainder of
    17  this act and the application of  the  provision  to  other  persons  and
    18  circumstances shall not be affected thereby.
    19    § 4. This act shall take effect immediately.