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S03195 Summary:

BILL NOS03195
 
SAME ASSAME AS UNI. A02533
 
SPONSORLAVALLE
 
COSPNSRGALLIVAN, MURPHY, RITCHIE, SERINO, SEWARD, YOUNG
 
MLTSPNSR
 
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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S03195 Actions:

BILL NOS03195
 
01/20/2017REFERRED TO AGING
03/07/2017REPORTED AND COMMITTED TO FINANCE
01/03/2018REFERRED TO AGING
03/13/2018REPORTED AND COMMITTED TO FINANCE
05/07/2018COMMITTEE DISCHARGED AND COMMITTED TO RULES
05/07/2018ORDERED TO THIRD READING CAL.1023
05/07/2018PASSED SENATE
05/07/2018DELIVERED TO ASSEMBLY
05/07/2018referred to real property taxation
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S03195 Memo:

Memo not available
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S03195 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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