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A02533 Summary:

BILL NOA02533
 
SAME ASSAME AS UNI. S03195
 
SPONSOREnglebright
 
COSPNSRMontesano, Benedetto, Abbate, Paulin
 
MLTSPNSRGunther, Lupardo, Magee, McDonough, Ra, Raia, Ramos, Thiele
 
Add 431, RPT L
 
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.
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A02533 Actions:

BILL NOA02533
 
01/20/2017referred to real property taxation
01/03/2018referred to real property taxation
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A02533 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A2533
 
SPONSOR: Englebright (MS)
  TITLE OF BILL: 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   PURPOSE OR GENERAL IDEA OF BILL: To create a fixed real property school tax rate for real property owners seventy (70) years of age or older who qualify for the enhanced STAR exemption.   SUMMARY OF PROVISIONS: This bill amends the real property tax law by establishing a fixed real property school tax rate for persons seventy years of age or over who meet the requirements for the enhanced STAR exemption. The enhanced STAR exemption is available for the primary residences of senior citizens with yearly household incomes not exceeding the state- wide standard. 1: (a) Under the bill, residential real property owned and occupied by: individuals who are 70 years of age or over; or by husband and wife, one of whom is 70 years of age or older and meets each of the requirements for the enhanced STAR exemption, shall be eligible for a fixed real property school tax rate; (b) "fixed real property school tax rate" shall mean the lower of: (i) the real property school tax rate established on the taxable status date immediately following the date on which an eligible person attains the age of 70 years; or (ii) the real property school tax rate established on any taxable status date after an eligible person attains the age of 70 years; and (c) the fixed real property school tax rate shall be determined annually for each eligible person. 2: The bill requires eligible persons to apply annually for the fixed rate in a manner and form determined by the school district. The bill also requires eligible persons to submit proof of age. 3: Every school district shall notify residential real property owners of the provisions of this bill.   DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE):   JUSTIFICATION: By the time New Yorkers attain the age of seventy, they typically no longer have dependents in the New York State school system. This bill is designed to benefit New York's senior citizens who are seventy years of age or older by freezing real property school tax rates. By providing a fixed school tax rate to persons aged seventy or older, this bill ensures some tax relief to persons no longer reaping the benefits that the real property school tax provides.   PRIOR LEGISLATIVE HISTORY: 2005-06 A4641-B reported referred to ways and means 2007-08 A1894 reported referred to ways and means; S3533 referred to ways and means 2009-10 A3139 referred to real property taxation; S2051 referred to aging 2011-12 A3943 referred to real property taxation; S2998 referred to local government 2013-14 A1212 referred to real property taxation; S1767 referred to aging 2015-16 A1472 referred to real property taxation; S1480 reported and committed to finance   FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: None to the State.   EFFECTIVE DATE: This act shall take effect on the first of January next succeeding the date on which it shall have become a law and shall apply to assessment rolls prepared on the basis of taxable status dates occurring on or after such date.
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A02533 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
            S. 3195                                                  A. 2533
 
                               2017-2018 Regular Sessions
 
                SENATE - ASSEMBLY
 
                                    January 20, 2017
                                       ___________
 
        IN  SENATE  --  Introduced  by Sens. LAVALLE, GALLIVAN, MURPHY, RITCHIE,
          SERINO, SEWARD, YOUNG -- 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,
          ABBATE,  PAULIN  --  Multi-Sponsored  by -- M. of A. GUNTHER, LUPARDO,
          MAGEE, 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    § 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.
                                                                   LBD03170-01-7

        S. 3195                             2                            A. 2533
 
     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    §  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.
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