Bill Text: NY A01472 | 2015-2016 | General Assembly | Introduced

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Bill Title: Establishes a capped real property school tax rate for persons seventy years of age or older who meet the eligibility requirements for the enhanced school tax relief exemption.

Spectrum: Slight Partisan Bill (Democrat 11-4)

Status: (Introduced - Dead) 2016-01-06 - referred to real property taxation [A01472 Detail]

Download: New_York-2015-A01472-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
           S. 1480                                                  A. 1472
                              2015-2016 Regular Sessions
                             S E N A T E - A S S E M B L Y
                                   January 12, 2015
                                      ___________
       IN  SENATE -- Introduced by Sens. LAVALLE, RITCHIE, SEWARD -- read twice
         and ordered printed, and when printed to be committed to the Committee
         on Aging
       IN ASSEMBLY -- Introduced by M. of A. ENGLEBRIGHT, MONTESANO, BENEDETTO,
         ROBINSON, ABBATE, PAULIN -- Multi-Sponsored by -- M.  of  A.  GUNTHER,
         LUPARDO,  MAGEE,  MARKEY,  McDONOUGH,  RA, RAIA, RAMOS, THIELE -- read
         once and referred to the Committee on Real Property Taxation
       AN ACT to amend the real property tax law, in relation to establishing a
         capped real property school tax rate for persons seventy years of  age
         or  older  who meet the eligibility requirements for the enhanced STAR
         exemption
         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 431 to read as follows:
    3    S 431. PERSONS SEVENTY YEARS OF AGE  OR  OVER;  CAPPED  REAL  PROPERTY
    4  SCHOOL  TAX RATE. 1. (A) RESIDENTIAL REAL PROPERTY OWNED AND OCCUPIED BY
    5  ONE OR MORE PERSONS, EACH OF WHOM IS SEVENTY YEARS OF AGE  OR  OVER  AND
    6  MEETS  EACH  OF  THE  REQUIREMENTS FOR THE ENHANCED EXEMPTION FOR SENIOR
    7  CITIZENS SET FORTH IN SECTION FOUR HUNDRED TWENTY-FIVE OF THIS  ARTICLE,
    8  OR RESIDENTIAL REAL PROPERTY OWNED AND OCCUPIED BY HUSBAND AND WIFE, ONE
    9  OF  WHOM  IS SEVENTY YEARS OF AGE OR OVER AND MEETS EACH OF THE REQUIRE-
   10  MENTS FOR THE ENHANCED  EXEMPTION  FOR  SENIOR  CITIZENS  SET  FORTH  IN
   11  SECTION  FOUR HUNDRED TWENTY-FIVE OF THIS ARTICLE, SHALL BE ELIGIBLE FOR
   12  THE CAPPED REAL PROPERTY SCHOOL TAX RATE  SET  FORTH  IN  THIS  SECTION,
   13  PROVIDED  THE SCHOOL DISTRICT, AFTER PUBLIC HEARING, ADOPTS A RESOLUTION
   14  PROVIDING THEREFOR.
   15    (B) FOR PURPOSES OF THIS  SECTION,  THE  TERM  "CAPPED  REAL  PROPERTY
   16  SCHOOL TAX RATE" SHALL MEAN THE LOWER OF:
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD00719-01-5
       S. 1480                             2                            A. 1472
    1    (I)  THE  REAL  PROPERTY  SCHOOL  TAX  RATE ESTABLISHED ON THE TAXABLE
    2  STATUS DATE NEXT SUCCEEDING THE DATE ON WHICH AN ELIGIBLE PERSON ATTAINS
    3  THE AGE OF SEVENTY YEARS; OR
    4    (II)  THE  REAL  PROPERTY  SCHOOL  TAX RATE ESTABLISHED ON ANY TAXABLE
    5  STATUS DATE SUBSEQUENT TO THE DATE ON WHICH AN ELIGIBLE  PERSON  ATTAINS
    6  THE  AGE  OF SEVENTY YEARS, WHICH IS LOWER THAN THE REAL PROPERTY SCHOOL
    7  TAX RATE ESTABLISHED PURSUANT TO SUBPARAGRAPH (I) OF THIS PARAGRAPH.
    8    (C) THE CAPPED REAL PROPERTY SCHOOL TAX RATE SHALL BE DETERMINED ANNU-
    9  ALLY FOR EACH ELIGIBLE PERSON SEVENTY YEARS OF AGE OR OLDER  IN  ACCORD-
   10  ANCE WITH THE PROVISIONS OF PARAGRAPHS (A) AND (B) OF THIS SUBDIVISION.
   11    2.  ANY  PERSON  ELIGIBLE FOR THE CAPPED REAL PROPERTY SCHOOL TAX RATE
   12  SHALL APPLY ANNUALLY FOR SUCH CAPPED RATE.  SUCH  APPLICATION  SHALL  BE
   13  MADE  IN  A  MANNER  AND  FORM  DETERMINED  BY THE STATE BOARD AND SHALL
   14  REQUIRE PROOF OF THE APPLICANT'S AGE. SUCH APPLICATION  SHALL  BE  FILED
   15  WITH  THE  LOCAL  ASSESSOR ON OR BEFORE THE TAXABLE STATUS DATE FOR SUCH
   16  DISTRICT.
   17    3. EVERY SCHOOL DISTRICT SHALL NOTIFY, OR CAUSE TO BE  NOTIFIED,  EACH
   18  PERSON  OWNING  RESIDENTIAL  REAL PROPERTY IN THE SCHOOL DISTRICT OF THE
   19  PROVISIONS OF THIS SECTION. THE PROVISIONS OF THIS  SUBDIVISION  MAY  BE
   20  MET  BY  A  NOTICE  SENT  TO SUCH PERSONS IN SUBSTANTIALLY THE FOLLOWING
   21  FORM: "RESIDENTIAL REAL PROPERTY OWNED BY PERSONS SEVENTY YEARS  OF  AGE
   22  OR  OLDER MAY BE ELIGIBLE FOR A CAPPED REAL PROPERTY SCHOOL TAX RATE. TO
   23  RECEIVE SUCH CAPPED RATE, ELIGIBLE OWNERS OF  QUALIFYING  PROPERTY  MUST
   24  FILE  AN APPLICATION WITH THEIR LOCAL ASSESSOR ON OR BEFORE THE APPLICA-
   25  BLE TAXABLE STATUS DATE. FOR FURTHER INFORMATION,  PLEASE  CONTACT  YOUR
   26  LOCAL ASSESSOR."
   27    4.  A SCHOOL DISTRICT WHICH PROVIDES A CAPPED REAL PROPERTY SCHOOL TAX
   28  RATE FOR PERSONS SEVENTY YEARS OF AGE OR OVER PURSUANT TO  THIS  SECTION
   29  SHALL  BE  ELIGIBLE FOR REIMBURSEMENT BY THE DEPARTMENT OF EDUCATION, AS
   30  APPROVED BY THE COMMISSIONER OF  EDUCATION,  IN  CONSULTATION  WITH  THE
   31  COMMISSIONER  OF  TAXATION  AND  FINANCE, FOR ONE HUNDRED PERCENT OF THE
   32  DIRECT COST TO SUCH SCHOOL DISTRICT RESULTING FROM THE IMPLEMENTATION OF
   33  THIS SECTION. SUCH DIRECT COST SHALL BE  CALCULATED  PURSUANT  TO  REGU-
   34  LATIONS  OF  THE  COMMISSIONER  OF  EDUCATION,  IN CONSULTATION WITH THE
   35  COMMISSIONER OF TAXATION AND FINANCE.   A CLAIM FOR  SUCH  REIMBURSEMENT
   36  SHALL BE MADE BY SUCH SCHOOL DISTRICT IN A MANNER AND FORM PRESCRIBED BY
   37  THE COMMISSIONER OF EDUCATION.
   38    S  2. This act shall take effect on the first of January next succeed-
   39  ing the date on which it shall have become a  law  and  shall  apply  to
   40  assessment rolls prepared on the basis of taxable status dates occurring
   41  on or after such date.