Bill Text: NY A10080 | 2009-2010 | General Assembly | Introduced


Bill Title: Restructures the current aid program to encourage full value reassessments.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2010-06-15 - held for consideration in real property taxation [A10080 Detail]

Download: New_York-2009-A10080-Introduced.html
                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         10080
                                 I N  A S S E M B L Y
                                     March 3, 2010
                                      ___________
       Introduced  by M. of A. RABBITT -- read once and referred to the Commit-
         tee on Real Property Taxation
       AN ACT to amend the real property tax law, in relation to  restructuring
         the current aid program to encourage full value reassessments
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Paragraphs (a), (b) and (c) of subdivision 1  and  subdivi-
    2  sion  2  of  section 1573 of the real property tax law, paragraph (a) of
    3  subdivision 1 as amended and paragraphs (b) and (c) of subdivision 1  as
    4  added  by  chapter  309 of the laws of 1996, subdivision 2 as amended by
    5  chapter 655 of the laws of 2004 and paragraph (a) of  subdivision  2  as
    6  amended  by  chapter  212  of  the  laws of 2006, are amended to read as
    7  follows:
    8    (a) the assessing unit has satisfied standards of  quality  assessment
    9  administration,  as  established  by  the  state board pursuant to regu-
   10  lations promulgated by the state board, subject to the approval  of  the
   11  director  of the budget[. Such rules shall be based upon but not limited
   12  to the following criteria:
   13    (i) quality and maintenance of valuation data;
   14    (ii) presentation of public information and data;
   15    (iii) administration of exemptions;
   16    (iv) an acceptable level of assessment uniformity as measured annually
   17  by the state board; and
   18    (v) compliance with statutes and rules.] AND HAS IMPLEMENTED A REVALU-
   19  ATION PURSUANT TO AN APPROVED PLAN AS PROVIDED IN THIS SUBDIVISION;
   20    (b) [any revaluation or  update  of  assessments,  implemented  on  an
   21  assessment  roll  finalized  after  the  first  day of January, nineteen
   22  hundred ninety-six,] THE REVALUATION is at one hundred percent of value;
   23  however, in special assessing units the revaluation or update of assess-
   24  ments must be at a uniform percentage of value for each class;
   25    (c) [the assessing unit has published,  on  the  tentative  assessment
   26  roll,  the  uniform  percentage  of  value at which all real property is
   27  assessed, or in special assessing units, the uniform percentage of value
   28  at which each class of property is assessed] THE REVALUATION WAS  IMPLE-
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD16114-01-0
       A. 10080                            2
    1  MENTED  PURSUANT  TO A PLAN, APPROVED PURSUANT TO THE RULES OF THE STATE
    2  BOARD, OF NOT LESS THAN FOUR YEARS THAT PROVIDES, AT A  MINIMUM,  FOR  A
    3  REVALUATION IN THE FIRST AND LAST YEAR OF SUCH PLAN, BUT IN NO CASE LESS
    4  THAN  ONCE  EVERY  FOUR YEARS, AND FOR INVENTORY DATA TO BE COLLECTED AT
    5  LEAST ONCE EVERY SIX YEARS;
    6    2. (A) State assistance pursuant to subdivision one  of  this  section
    7  shall  be  payable  [as follows] in an amount not to exceed five dollars
    8  per parcel for [each separately assessed parcel appearing on the  appli-
    9  cable]  AN  assessment  roll[,  excluding]  UPON  WHICH A REVALUATION IS
   10  IMPLEMENTED IN ACCORDANCE WITH AN APPROVED PLAN, AND NOT TO  EXCEED  TWO
   11  DOLLARS  PER  PARCEL FOR ANY ASSESSMENT ROLL UPON WHICH A REVALUATION IS
   12  NOT IMPLEMENTED IN ACCORDANCE WITH AN APPROVED PLAN. THE AMOUNT  PAYABLE
   13  ON  A  PER PARCEL BASIS SHALL EXCLUDE parcels which are wholly exempt or
   14  assessed by the state board[:  (a) Triennial aid shall be  payable  when
   15  the  state  board  determines  that the assessing unit has implemented a
   16  revaluation or update that includes the reinspection and reappraisal  of
   17  all locally assessed properties.  However, no assessing unit may qualify
   18  for  this  payment more than once in a three year period, and no aid may
   19  be paid pursuant to this paragraph with respect to any  assessment  roll
   20  filed after the year two thousand eleven.
   21    (b)  (i)  Annual  aid shall be payable when the state board determines
   22  that the assessing unit has maintained  an  equitable  assessment  roll.
   23  Such  determination  shall  be  made in accordance with standards estab-
   24  lished pursuant to regulations promulgated by the state  board,  subject
   25  to  the  approval of the director of the budget, and shall be based upon
   26  criteria including but not limited to:
   27    (A) annually maintaining assessments at the percentage of value speci-
   28  fied in subdivision one of this section;
   29    (B) annually conducting a systematic analysis of all locally  assessed
   30  properties using a methodology specified in such regulations;
   31    (C)  annually revising assessments as necessary to maintain the stated
   32  uniform percentage of value; and
   33    (D) implementing a local program for physically inspecting  and  reap-
   34  praising each parcel at least once every six years.
   35    (E)  Such  standards shall contain ranges of acceptable performance as
   36  determined by the state board in accordance with  nationally  recognized
   37  assessment methods.
   38    (ii)  No  aid shall be paid pursuant to this paragraph with respect to
   39  any assessment roll which receives triennial aid pursuant  to  paragraph
   40  (a) of this subdivision].
   41    [(iii)]  (B)  ANY ASSESSING UNIT THAT FAILS TO IMPLEMENT A REVALUATION
   42  AS PRESCRIBED IN AN APPROVED PLAN SHALL REMIT  TO  THE  STATE  THE  FULL
   43  AMOUNT  OF  ANY  STATE AID RECEIVED PURSUANT TO THIS SUBDIVISION FOR THE
   44  ASSESSMENT ROLLS FOLLOWING THE ONE UPON WHICH THE  MOST  RECENT  REVALU-
   45  ATION WAS IMPLEMENTED.
   46    (C)  NOTHING IN THIS SUBDIVISION SHALL BE DEEMED TO PREVENT AN ASSESS-
   47  ING UNIT FROM WITHDRAWING FROM AN APPROVED PLAN. ANY ASSESSING UNIT THAT
   48  DOES SO SHALL ONLY BE RESPONSIBLE FOR REMISSION OF PER  PARCEL  PAYMENTS
   49  FOR NON-REVALUATION YEARS.
   50    (D)  No  grant  awarded  to any individual assessing unit in any given
   51  year pursuant to this subdivision shall  exceed  five  hundred  thousand
   52  dollars.
   53    S 2. This act shall take effect immediately and shall apply to assess-
   54  ment  rolls  with  taxable  status dates occurring on and after March 1,
   55  2010.
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