S T A T E   O F   N E W   Y O R K
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                                  9875

                          I N  A S S E M B L Y

                             April 20, 2016
                               ___________

Introduced by M. of A. BRABENEC -- read once and referred to the Commit-
  tee on Education

AN  ACT  to  amend  the education law, the real property tax law and the
  general municipal law, in relation to school property and real proper-
  ty taxes

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The education law is amended by adding a new section 1527-a
to read as follows:
  S  1527-A.  FUNDING OF MANDATES IMPOSED ON SCHOOL DISTRICTS. 1.  DEFI-
NITIONS. AS USED IN THIS SECTION, THE FOLLOWING  TERMS  SHALL  HAVE  THE
FOLLOWING MEANINGS UNLESS THE CONTEXT SHALL OTHERWISE REQUIRE:
  (A) "MANDATE" MEANS:
  (I)  ANY STATE LAW, RULE, OR REGULATION WHICH CREATES A NEW PROGRAM OR
REQUIRES A HIGHER LEVEL OF SERVICE  FOR  AN  EXISTING  PROGRAM  WHICH  A
SCHOOL  DISTRICT  ORGANIZED  EITHER  BY  SPECIAL LAWS OR PURSUANT TO THE
PROVISIONS OF A GENERAL LAW, IS REQUIRED TO PROVIDE; OR
  (II) ANY GENERAL LAW WHICH GRANTS A  NEW  PROPERTY  TAX  EXEMPTION  OR
INCREASES  AN  EXISTING  PROPERTY  TAX  EXEMPTION  WHICH ANY SUCH SCHOOL
DISTRICT IS REQUIRED TO PROVIDE.
  (B) "UNFUNDED MANDATE" SHALL MEAN:
  (I) ANY STATE LAW, RULE, OR REGULATION WHICH CREATES A NEW PROGRAM  OR
REQUIRES  A  HIGHER  LEVEL  OF SERVICE FOR AN EXISTING PROGRAM WHICH ANY
SUCH SCHOOL DISTRICT IS REQUIRED TO PROVIDE AND WHICH RESULTS IN  A  NET
ADDITIONAL COST TO SUCH SCHOOL DISTRICT;
  (II)  ANY  ALTERATION  IN FUNDING PROVIDED TO ANY SUCH SCHOOL DISTRICT
FOR THE PURPOSE OF DEFRAYING THE COSTS OF A PROGRAM WHICH IT IS REQUIRED
TO PROVIDE, THEREBY RESULTING IN A NET ADDITIONAL COST  TO  SUCH  SCHOOL
DISTRICT; OR
  (III)  ANY  GENERAL  LAW  WHICH GRANTS A NEW PROPERTY TAX EXEMPTION OR
INCREASES AN EXISTING PROPERTY  TAX  EXEMPTION  WHICH  ANY  SUCH  SCHOOL
DISTRICT  IS REQUIRED TO PROVIDE, THERE BY RESULTING IN A NET ADDITIONAL
COST TO SUCH SCHOOL DISTRICT.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14006-02-6
              

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  (C) "NET ADDITIONAL COST" MEANS THE COST OR COSTS INCURRED  OR  ANTIC-
IPATED  TO  BE INCURRED WITHIN A ONE YEAR PERIOD BY A SCHOOL DISTRICT IN
PERFORMING OR ADMINISTERING A MANDATE AFTER  SUBTRACTING  THEREFROM  ANY
REVENUES RECEIVED OR RECEIVABLE BY THE SCHOOL DISTRICT ON ACCOUNT OF THE
MANDATED PROGRAM OR SERVICE, INCLUDING BUT NOT LIMITED TO:
  (I) FEES CHARGED TO THE RECIPIENTS OF THE MANDATED PROGRAM OR SERVICE;
  (II)  STATE  OR  FEDERAL  AID  PAID  SPECIFICALLY  OR CATEGORICALLY IN
CONNECTION WITH THE PROGRAM OR SERVICE; AND
  (III) AN OFFSETTING SAVINGS RESULTING FROM THE  DIMINUTION  OR  ELIMI-
NATION  OF  ANY  OTHER  PROGRAM  OR SERVICE DIRECTLY ATTRIBUTABLE TO THE
PERFORMANCE OR ADMINISTRATION OF THE MANDATED PROGRAM.
  2. FUNDING OF SCHOOL  DISTRICT  MANDATES.  NOTWITHSTANDING  ANY  OTHER
PROVISION  OF LAW, NO UNFUNDED MANDATE SHALL BE ENACTED WHICH CREATES AN
ANNUAL NET ADDITIONAL COST TO ANY SCHOOL DISTRICT IN EXCESS OF TEN THOU-
SAND DOLLARS OR AN AGGREGATE ANNUAL NET ADDITIONAL COST  TO  ALL  SCHOOL
DISTRICTS IN EXCESS OF ONE MILLION DOLLARS.
  3.  EXEMPTIONS TO THE FUNDING OF SCHOOL DISTRICT MANDATES REQUIREMENT.
(A) THE STATE SHALL NOT BE REQUIRED TO FUND ANY NEW OR EXPANDED PROGRAMS
FOR SCHOOL DISTRICTS IF:
  (I) THE MANDATE IS REQUIRED BY A COURT ORDER OR JUDGEMENT;
  (II) THE MANDATE IS PROVIDED AT THE  OPTION  OF  THE  SCHOOL  DISTRICT
UNDER A LAW OR REGULATION;
  (III)  THE  MANDATE  RESULTS  FROM  THE PASSAGE OF A HOME RULE MESSAGE
WHEREBY A SCHOOL DISTRICT REQUESTS AUTHORITY TO IMPLEMENT THE PROGRAM OR
SERVICE SPECIFIED IN THE STATUTE, AND THE  STATUTE  IMPOSES  COSTS  ONLY
UPON  THAT  SCHOOL  DISTRICT  WHICH REQUESTS THE AUTHORITY TO IMPOSE THE
PROGRAM OR SERVICE;
  (IV) THE MANDATE IS REQUIRED BY, OR ARISES FROM, AN EXECUTIVE ORDER OF
THE GOVERNOR EXERCISING HIS OR HER EMERGENCY POWERS;
  (V) THE MANDATE IS REQUIRED BY STATUTE OR EXECUTIVE ORDER THAT  IMPLE-
MENTS A FEDERAL LAW OR REGULATION AND RESULTS FROM COSTS MANDATED BY THE
FEDERAL GOVERNMENT TO BE BORNE AT THE LOCAL LEVEL, UNLESS THE STATUTE OR
EXECUTIVE  ORDER RESULTS IN COSTS WHICH EXCEED THE COSTS MANDATED BY THE
FEDERAL GOVERNMENT; OR
  (VI) THE MANDATE APPLIES TO A SMALL BUSINESS WITH FIFTY  EMPLOYEES  OR
LESS.
  (B)  EACH  ACT ESTABLISHING A MANDATE SHALL PROVIDE THAT THE EFFECTIVE
DATE OF ANY SUCH MANDATE IMPOSED ON SCHOOL DISTRICTS SHALL BE CONSISTENT
WITH THE NEEDS OF THE STATE AND SCHOOL DISTRICTS TO PLAN  IMPLEMENTATION
THEREOF, AND ALSO CONSISTENT WITH THE AVAILABILITY OF REQUIRED FUNDS.
  S  2.  Section  2022  of  the education law is amended by adding a new
subdivision 7 to read as follows:
  7. A. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, RULE  OR  REGULATION
TO  THE  CONTRARY, IN A COMMON, UNION FREE, CENTRAL, CENTRAL HIGH SCHOOL
DISTRICT OR SCHOOL DISTRICT, UPON THE FILING OF A PETITION  PURSUANT  TO
PARAGRAPH  B OF THIS SUBDIVISION, WITH THE TRUSTEES, THE BOARD OF EDUCA-
TION OR THE CHANCELLOR OF A CITY SCHOOL DISTRICT LOCATED IN A CITY  WITH
GREATER  THAN ONE MILLION INHABITANTS SHALL SUBMIT A PROPOSITION FOR THE
PURPOSE OF VOTING ON THE QUESTION "SHALL THE SCHOOL DISTRICT ENTER  INTO
THE  OPTIONAL  SYSTEM  OF STATE FUNDING FOR SCHOOL DISTRICT EXPENSES" TO
THE QUALIFIED VOTERS OF A SCHOOL DISTRICT.  SUCH VOTE SHALL BE  HELD  ON
THE  THIRD  TUESDAY  IN  MAY, PROVIDED, HOWEVER, THAT SUCH VOTE SHALL BE
HELD ON THE SECOND TUESDAY IN MAY IF THE COMMISSIONER AT THE REQUEST  OF
A LOCAL SCHOOL BOARD OR THE CHANCELLOR IN THE CITY OF NEW YORK CERTIFIES
NO  LATER  THAN MARCH FIRST THAT SUCH ELECTION WOULD CONFLICT WITH RELI-

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GIOUS OBSERVANCES. IF A DISTRICT VOTES TO JOIN THE OPTIONAL SYSTEM  THAT
VOTE IS BINDING AND MAY NOT BE ALTERED BY THE DISTRICT OR ITS RESIDENTS.
  B.  SUCH PETITION RELATING TO THE OPTIONAL SYSTEM FOR STATE FUNDING OF
SCHOOL DISTRICT EXPENSES SHALL BE SUBMITTED NO LATER THAN APRIL FIRST OF
THE SCHOOL YEAR IN WHICH SUCH QUESTION DESCRIBED IN PARAGRAPH A OF  THIS
SUBDIVISION  SHALL  BE  CONSIDERED  BY  THE VOTERS AND MUST BE SIGNED BY
TWENTY-FIVE PERCENT OF THE NUMBER OF QUALIFIED VOTERS.  ANY VALID  PETI-
TION  CONTAINING  A  SUFFICIENT  NUMBER OF VALID SIGNATURES TO PLACE THE
QUESTION DESCRIBED IN PARAGRAPH A OF  THIS  SUBDIVISION  ON  THE  BALLOT
SUBMITTED  AFTER APRIL FIRST AND BEFORE JULY FIRST SHALL BE VOTED ON THE
THIRD TUESDAY IN MAY, PROVIDED, HOWEVER, THAT SUCH VOTE SHALL BE HELD ON
THE SECOND TUESDAY IN MAY IF THE COMMISSIONER AT THE REQUEST OF A  LOCAL
SCHOOL  BOARD  CERTIFIES  NO  LATER  THAN MARCH FIRST THAT SUCH ELECTION
WOULD CONFLICT WITH RELIGIOUS OBSERVANCES OF THE FOLLOWING SCHOOL YEAR.
  S 3. Section 3602 of the education law is  amended  by  adding  a  new
subdivision 40 to read as follows:
  40.  OPTIONAL SYSTEM FOR STATE FUNDING OF SCHOOL DISTRICT EXPENSES. IN
ADDITION TO OTHER APPORTIONMENTS OF AID MADE TO  DISTRICTS  PURSUANT  TO
THIS SECTION, ADDITIONAL APPORTIONMENTS SHALL BE MADE TO DISTRICTS WHICH
ELECT  TO  RECEIVE  AID PURSUANT TO THIS SUBDIVISION. A. DEFINITIONS. AS
USED IN THIS SUBDIVISION: (1) "PRIMARY  RESIDENTIAL  REAL  PROPERTY  TAX
LEVY"  SHALL  BE  DEFINED  AS  THE  AGGREGATE PROPERTY TAXES LEVIED BY A
SCHOOL DISTRICT ON A  SCHOOL  DISTRICT'S  STAR  ELIGIBLE  PROPERTIES  AS
DEFINED  BY  SECTION  FOUR  HUNDRED TWENTY-FIVE OF THE REAL PROPERTY TAX
LAW.
  (2) "BASE YEAR PRIMARY RESIDENTIAL REAL PROPERTY TAX  LEVY"  SHALL  BE
DEFINED  AS THE PRIMARY RESIDENTIAL REAL PROPERTY TAX LEVY IN THE SCHOOL
YEAR IMMEDIATELY FOLLOWING THE YEAR IN WHICH THE SCHOOL  DISTRICT  VOTES
TO  ENTER  INTO THE OPTIONAL SYSTEM FOR STATE FUNDING OF SCHOOL DISTRICT
EXPENSES  PURSUANT  TO  SUBDIVISION  SEVEN  OF  SECTION   TWO   THOUSAND
TWENTY-TWO OF THIS CHAPTER.
  B.  TRANSITION  PERIOD.(1)  A  SCHOOL  DISTRICT  SHALL  CERTIFY TO THE
COMMISSIONER WITHIN THIRTY DAYS OF THE DATE AT WHICH THE VOTE WAS  TAKEN
PURSUANT TO SUBDIVISION SEVEN OF SECTION TWO THOUSAND TWENTY-TWO OF THIS
CHAPTER  WHETHER OR NOT QUALIFIED VOTERS OF THE DISTRICT HAVE ELECTED TO
ENTER INTO THE OPTIONAL SYSTEM FOR  STATE  FUNDING  OF  SCHOOL  DISTRICT
EXPENSES.  ONCE  THE  COMMISSIONER  DETERMINES THAT A DISTRICT HAS OPTED
INTO THE OPTIONAL SYSTEM FOR STATE FUNDING OF SCHOOL  DISTRICT  EXPENSES
THE  DISTRICT  SHALL BEGIN RECEIVING AID PURSUANT TO THIS SUBDIVISION IN
THE SCHOOL YEAR WHICH BEGINS ON JULY FIRST IN  THE  SUBSEQUENT  CALENDAR
YEAR.
  (2)  SCHOOL  DISTRICTS  WHICH RECEIVE AID PURSUANT TO THIS SUBDIVISION
SHALL RECEIVE AID PURSUANT TO THE SCHEDULE CONTAINED IN THIS  PARAGRAPH.
SCHOOL  DISTRICTS  SHALL  CONTINUE TO RECEIVE AID PURSUANT TO THIS PARA-
GRAPH AFTER THE PHASE IN PERIOD EQUAL TO ONE HUNDRED PERCENT OF THE BASE
YEAR PRIMARY RESIDENTIAL REAL PROPERTY TAX LEVY.
  (3) DURING THE FIRST YEAR OF THE TRANSITION PERIOD,  SCHOOL  DISTRICTS
SHALL  RECEIVE AN ADDITIONAL APPORTIONMENT EQUAL TO TWENTY PER CENTUM OF
THE BASE YEAR PRIMARY RESIDENTIAL REAL PROPERTY TAX LEVY. IN ALL  SUBSE-
QUENT  YEARS OF THE TRANSITION PERIOD, SCHOOL DISTRICTS SHALL RECEIVE AN
ADDITIONAL APPORTIONMENT EQUAL TO THE FOLLOWING SCHEDULE:
                             PERCENT OF BASE
YEAR            YEAR PRIMARY RESIDENTIAL REAL PROPERTY TAX LEVY
  2             40%
  3             60%
  4             80%

A. 9875                             4

  5             100%
IN  EVERY  YEAR  AFTER  YEAR FIVE SUCH ADDITIONAL APPORTIONMENT SHALL BE
INCREASED ANNUALLY BY A COST OF LIVING  INCREASE.  THE  COST  OF  LIVING
INCREASE  SHALL BE ADDED TO THE ADDITIONAL APPORTIONMENT PROVIDED IN THE
PRIOR YEAR. THE COST OF LIVING  INCREASE  SHALL  BE  CALCULATED  AS  THE
PERCENTAGE  INCREASE IN THE CONSUMER PRICE INDEX FOR THE PREVIOUS TWELVE
MONTHS AS DETERMINED BY THE COMMISSIONER. SUCH PERCENTAGE INCREASE SHALL
BE MULTIPLIED BY THE PREVIOUS YEAR'S ADDITIONAL  APPORTIONMENT  AND  THE
PRODUCT  SHALL  BE ADDED TO THE PREVIOUS YEAR'S ADDITIONAL APPORTIONMENT
TO CALCULATE THE CURRENT YEAR'S ADDITIONAL APPORTIONMENT.
  (4) (I) A PARTICIPATING DISTRICT SHALL REDUCE THE PRIMARY  RESIDENTIAL
REAL  PROPERTY TAX LEVY PURSUANT TO THE SCHEDULE CONTAINED IN THIS PARA-
GRAPH. SCHOOL DISTRICTS OPTING INTO THE OPTIONAL SYSTEM FOR STATE  FUND-
ING  OF  SCHOOL  DISTRICT  EXPENSES  MAY NOT LEVY TAXES IN EXCESS OF THE
REMAINDER OF THE BASE YEAR PRIMARY RESIDENTIAL REAL  PROPERTY  TAX  LEVY
LESS  THE  AID PROVIDED IN PARAGRAPH THREE OF THIS SUBDIVISION EXCEPT TO
FUND THE DIFFERENCE BETWEEN A DISTRICT'S CURRENT YEAR  CAPITAL  EXPENSES
LESS THE STATE AID APPORTIONED FOR SUCH PURPOSE.
  (II)  NOTWITHSTANDING  ANY OTHER PROVISIONS OF LAW, RULE OR REGULATION
TO THE CONTRARY, A SCHOOL DISTRICT WHICH RECEIVES AID PURSUANT  TO  THIS
SUBDIVISION  SHALL  BE  AUTHORIZED  TO SET SEPARATE TAX WARRANTS AND TAX
RATES FOR THE PRIMARY RESIDENTIAL REAL PROPERTY TAX LEVY AND OTHER TAXA-
BLE PROPERTIES.
  (5) THE APPORTIONMENT HEREUNDER SHALL NOT BE MADE UNTIL  THE  ELECTING
SCHOOL  DISTRICT  HAS  CERTIFIED TO THE COMMISSIONER THAT THE DISTRICT'S
PRIMARY RESIDENTIAL REAL PROPERTY TAX LEVY FOR THE SCHOOL YEAR IN  WHICH
AID  HAS  BEEN  ACCEPTED PURSUANT TO THIS PARAGRAPH, DOES NOT EXCEED THE
BASE YEAR PRIMARY RESIDENTIAL REAL PROPERTY TAX LEVY AS DEFINED IN  THIS
SUBDIVISION LESS THE AID APPORTIONED PURSUANT TO THIS PARAGRAPH.
  C.  LOCAL  FUNDING  SHARE.  IN  EACH  CITY  HAVING A POPULATION OF ONE
HUNDRED TWENTY-FIVE THOUSAND OR MORE INHABITANTS FOR PURPOSES OF  CALCU-
LATING  THE  LOCAL SHARE OF EXPENDITURES, THE AMOUNT OF THE REDUCTION IN
THE PRIMARY RESIDENTIAL REAL PROPERTY TAX LEVY MADE PURSUANT TO SUBPARA-
GRAPH FOUR OF PARAGRAPH B OF THIS SUBDIVISION  SHALL  BE  DEEMED  TO  BE
INCORPORATED  IN  THE  CITY  SHARE  OF  EXPENDITURES FOR THE CITY SCHOOL
DISTRICT.
  D. STATE FINDING OF PROGRAM. THE LEGISLATURE SHALL ANNUALLY  APPROPRI-
ATE  AN  AMOUNT SUFFICIENT TO SUPPORT ALL AID PAYMENTS INCURRED PURSUANT
TO THIS SUBDIVISION.
  E. PAYMENT SCHEDULE. THE COMMISSIONER SHALL DEVELOP A PAYMENT SCHEDULE
FOR AID PAYMENTS DUE AND PAYABLE PURSUANT TO THIS SUBDIVISION  AND  SUCH
SCHEDULE  SHALL  BE  APPROVED  BY THE DIRECTOR OF THE BUDGET BEFORE SUCH
PAYMENT SCHEDULE TAKES EFFECT.
  S 4. The real property tax law is amended by adding a new section  431
to read as follows:
  S  431.  PERSONS SIXTY-FIVE YEARS OF AGE OR OVER; CAPPED REAL PROPERTY
SCHOOL TAX RATE. 1. (A) RESIDENTIAL REAL PROPERTY OWNED AND OCCUPIED  BY
ONE OR MORE PERSONS, EACH OF WHOM IS SIXTY-FIVE YEARS OF AGE OR OVER AND
MEETS  EACH  OF  THE  REQUIREMENTS FOR THE ENHANCED EXEMPTION FOR SENIOR
CITIZENS SET FORTH IN SECTION FOUR HUNDRED TWENTY-FIVE OF THIS TITLE, OR
RESIDENTIAL REAL PROPERTY OWNED AND OCCUPIED BY A MARRIED COUPLE, ONE OF
WHOM IS SIXTY-FIVE YEARS OF AGE OR OVER AND MEETS EACH OF  THE  REQUIRE-
MENTS  FOR  THE  ENHANCED  EXEMPTION  FOR  SENIOR  CITIZENS SET FORTH IN
SECTION FOUR HUNDRED TWENTY-FIVE OF THIS TITLE, SHALL  BE  ELIGIBLE  FOR
THE  CAPPED  REAL  PROPERTY  SCHOOL  TAX RATE SET FORTH IN THIS SECTION,

A. 9875                             5

PROVIDED THE SCHOOL DISTRICT, AFTER PUBLIC HEARING, ADOPTS A  RESOLUTION
PROVIDING THEREFOR.
  (B)  FOR  PURPOSES  OF  THIS  SECTION,  THE TERM "CAPPED REAL PROPERTY
SCHOOL TAX RATE" SHALL MEAN THE LOWER OF: (I) THE REAL  PROPERTY  SCHOOL
TAX RATE ESTABLISHED ON THE TAXABLE STATUS DATE NEXT SUCCEEDING THE DATE
ON WHICH AN ELIGIBLE PERSON ATTAINS THE AGE OF SIXTY-FIVE YEARS; OR (II)
THE REAL PROPERTY SCHOOL TAX RATE ESTABLISHED ON ANY TAXABLE STATUS DATE
SUBSEQUENT  TO  THE  DATE ON WHICH AN ELIGIBLE PERSON ATTAINS THE AGE OF
SIXTY-FIVE YEARS, WHICH IS LOWER THAN THE REAL PROPERTY SCHOOL TAX  RATE
ESTABLISHED PURSUANT TO SUBPARAGRAPH (I) OF THIS PARAGRAPH.
  (C) THE CAPPED REAL PROPERTY SCHOOL TAX RATE SHALL BE DETERMINED ANNU-
ALLY  FOR  EACH  ELIGIBLE  PERSON  SIXTY-FIVE  YEARS  OF AGE OR OLDER IN
ACCORDANCE WITH THE PROVISIONS OF PARAGRAPH (A) AND (B) OF THIS SUBDIVI-
SION.
  2. ANY PERSON ELIGIBLE FOR THE CAPPED REAL PROPERTY  SCHOOL  TAX  RATE
SHALL  APPLY  ANNUALLY  FOR  SUCH CAPPED RATE. SUCH APPLICATION SHALL BE
MADE IN A MANNER AND FORM  DETERMINED  BY  THE  COMMISSIONER  AND  SHALL
REQUIRE  PROOF  OF  THE APPLICANT'S AGE. SUCH APPLICATION SHALL BE FILED
WITH THE LOCAL ASSESSOR ON OR BEFORE THE TAXABLE STATUS  DATE  FOR  SUCH
DISTRICT.
  3.  EVERY  SCHOOL DISTRICT SHALL NOTIFY, OR CAUSE TO BE NOTIFIED, EACH
PERSON OWNING RESIDENTIAL REAL PROPERTY IN THE SCHOOL  DISTRICT  OF  THE
PROVISIONS  OF  THIS  SECTION. THE PROVISIONS OF THIS SUBDIVISION MAY BE
MET BY A NOTICE SENT TO SUCH  PERSONS  IN  SUBSTANTIALLY  THE  FOLLOWING
FORM:  "RESIDENTIAL  REAL  PROPERTY OWNED BY PERSONS SIXTY-FIVE YEARS OF
AGE OR OLDER MAY BE ELIGIBLE FOR A CAPPED REAL PROPERTY SCHOOL TAX RATE.
TO RECEIVE SUCH CAPPED RATE, ELIGIBLE OWNERS OF QUALIFYING PROPERTY MUST
FILE AN APPLICATION WITH THEIR LOCAL ASSESSOR ON OR BEFORE THE  APPLICA-
BLE  TAXABLE  STATUS  DATE. FOR FURTHER INFORMATION, PLEASE CONTACT YOUR
LOCAL ASSESSOR."
  4. A SCHOOL DISTRICT WHICH PROVIDES A CAPPED REAL PROPERTY SCHOOL  TAX
RATE  FOR  PERSONS  SIXTY-FIVE  YEARS  OF  AGE  OR OVER PURSUANT TO THIS
SECTION SHALL BE ELIGIBLE FOR REIMBURSEMENT BY THE DEPARTMENT OF  EDUCA-
TION, AS APPROVED BY THE COMMISSIONER OF EDUCATION, IN CONSULTATION WITH
THE  EXECUTIVE DIRECTOR OF THE OFFICE OF REAL PROPERTY SERVICES, FOR ONE
HUNDRED PERCENT OF THE DIRECT COST TO  SUCH  SCHOOL  DISTRICT  RESULTING
FROM  THE  IMPLEMENTATION  OF  THIS  SECTION.  SUCH DIRECT COST SHALL BE
CALCULATED PURSUANT TO REGULATIONS OF THE COMMISSIONER OF EDUCATION,  IN
CONSULTATION  WITH  THE  COMMISSIONER.    A CLAIM FOR SUCH REIMBURSEMENT
SHALL BE MADE BY SUCH SCHOOL DISTRICT IN A MANNER AND FORM PRESCRIBED BY
THE COMMISSIONER OF EDUCATION.
  S 5. The real property tax law is amended  by  adding  a  new  section
431-a to read as follows:
  S 431-A. PERSONS SIXTY-FIVE YEARS OF AGE OR OLDER; FIXED REAL PROPERTY
ASSESSED  VALUE.  1. RESIDENTIAL REAL PROPERTY OWNED AND OCCUPIED AS THE
PRIMARY RESIDENCE, OF ONE OR MORE PERSONS, EACH OF  WHOM  IS  SIXTY-FIVE
YEARS  OF  AGE OR OLDER AND ALL OF WHOM HAVE A COMBINED ANNUAL INCOME OF
ONE HUNDRED THOUSAND DOLLARS OR LESS FOR THE INCOME TAX YEAR IMMEDIATELY
PRECEDING THE DATE OF APPLICATION OR RESIDENTIAL REAL PROPERTY OWNED AND
OCCUPIED AS THE PRIMARY RESIDENCE, OF A MARRIED COUPLE, ONE OF  WHOM  IS
SIXTY-FIVE YEARS OF AGE OR OLDER AND BOTH OF WHOM HAVE A COMBINED ANNUAL
INCOME  OF  ONE HUNDRED THOUSAND DOLLARS OR LESS FOR THE INCOME TAX YEAR
IMMEDIATELY PRECEDING THE DATE OF APPLICATION, SHALL BE ELIGIBLE FOR THE
FIXED REAL PROPERTY ASSESSED VALUE ESTABLISHED BY THIS SECTION.
  2. FOR THE PURPOSES OF THIS SECTION, THE FOLLOWING  TERMS  SHALL  HAVE
THE FOLLOWING MEANINGS:

A. 9875                             6

  (A) "FIXED REAL PROPERTY ASSESSED VALUE" SHALL MEAN THE LOWER OF:
  (I)  THE  ASSESSED  VALUE  OF REAL PROPERTY ESTABLISHED ON THE TAXABLE
STATUS DATE NEXT SUCCEEDING THE DATE ON WHICH AN ELIGIBLE REAL  PROPERTY
OWNER ATTAINS THE AGE OF SIXTY-FIVE YEARS; OR
  (II)  THE  ASSESSED  VALUE OF REAL PROPERTY ESTABLISHED ON ANY TAXABLE
STATUS DATE SUBSEQUENT TO THE DATE UPON WHICH AN ELIGIBLE REAL  PROPERTY
OWNER  ATTAINS  THE  AGE  OF  SIXTY-FIVE  YEARS, WHICH IS LOWER THAN THE
ASSESSED VALUE ESTABLISHED PURSUANT TO SUBPARAGRAPH (I)  OF  THIS  PARA-
GRAPH.
  (B)  "RESIDENTIAL  REAL  PROPERTY"  SHALL  MEAN  ANY ONE OR TWO FAMILY
DWELLING, INCLUDING CONDOMINIUM UNITS AND COOPERATIVE UNITS.
  (C) "INCOME" SHALL MEAN THE "ADJUSTED GROSS INCOME" FOR FEDERAL INCOME
TAX PURPOSES AS REPORTED ON THE APPLICANT'S FEDERAL OR STATE INCOME  TAX
RETURN  FOR  THE  APPLICABLE  INCOME TAX YEAR, SUBJECT TO ANY SUBSEQUENT
AMENDMENTS  OR  REVISIONS,  REDUCED  BY  DISTRIBUTIONS,  TO  THE  EXTENT
INCLUDED  IN  FEDERAL ADJUSTED GROSS INCOME, RECEIVED FROM AN INDIVIDUAL
RETIREMENT ACCOUNT AND AN INDIVIDUAL RETIREMENT ANNUITY;  PROVIDED  THAT
IF NO SUCH RETURN WAS FILED FOR THE APPLICABLE INCOME TAX YEAR, "INCOME"
SHALL MEAN THE ADJUSTED GROSS INCOME THAT WOULD HAVE BEEN SO REPORTED IF
SUCH A RETURN HAD BEEN FILED.
  3. EACH TAXING AUTHORITY SHALL ANNUALLY DETERMINE THE FIXED REAL PROP-
ERTY ASSESSED VALUE FOR EACH ELIGIBLE REAL PROPERTY OWNER.
  4.  ANY  PERSON  ELIGIBLE  FOR  THE FIXED REAL PROPERTY ASSESSED VALUE
SHALL ANNUALLY APPLY TO THE APPROPRIATE ASSESSING UNIT  FOR  SUCH  FIXED
ASSESSED  VALUE.  SUCH APPLICATION SHALL BE MADE IN SUCH MANNER AND FORM
AS SHALL BE DETERMINED BY THE COMMISSIONER, AND SHALL REQUIRE  PROOF  OF
THE APPLICANTS' AGES AND INCOMES. SUCH APPLICATIONS SHALL BE FILED ON OR
BEFORE THE TAXABLE STATUS DATE OF THE REAL PROPERTY.
  5.  EVERY  ASSESSING  UNIT  SHALL NOTIFY OR CAUSE TO BE NOTIFIED, EACH
PERSON OWNING RESIDENTIAL REAL PROPERTY WITHIN ITS JURISDICTION, OF  THE
PROVISIONS OF THIS SECTION. SUCH NOTICE SHALL BE AND INCLUDE WORDS WHICH
ARE  SUBSTANTIALLY  THE  FOLLOWING:  "RESIDENTIAL REAL PROPERTY OWNED BY
PERSONS SIXTY-FIVE YEARS OF AGE OR OLDER AND HAVING  A  COMBINED  ANNUAL
INCOME  OF  ONE  HUNDRED THOUSAND DOLLARS OR LESS, MAY BE ELIGIBLE FOR A
FIXED REAL PROPERTY ASSESSED  VALUE.  TO  RECEIVE  SUCH  FIXED  ASSESSED
VALUE, ELIGIBLE OWNERS OF QUALIFYING REAL PROPERTY MUST FILE AN APPLICA-
TION WITH THEIR LOCAL ASSESSOR ON OR BEFORE THE TAXABLE STATUS DATE. FOR
FURTHER INFORMATION, PLEASE CONTACT YOUR LOCAL ASSESSOR."
  S  6. The real property tax law is amended by adding a new section 901
to read as follows:
  S 901. EFFECT OF  FIXED  REAL  PROPERTY  ASSESSED  VALUE  UPON  TAXING
AUTHORITIES;  STATE  AID.  1. LEVY OF TAXES; DETERMINATION OF TAXES DUE.
THE AMOUNT OF TAXES TO BE LEVIED FOR ANY TAXABLE YEAR  SHALL  BE  DETER-
MINED WITHOUT REGARD TO THE FACT THAT STATE AID WILL BE PAYABLE PURSUANT
TO THIS SECTION. IN ADDITION, THE TAX RATE FOR ANY TAXABLE YEAR SHALL BE
DETERMINED  AS  IF  NO  PARCELS  ARE  SUBJECT  TO  A FIXED REAL PROPERTY
ASSESSED VALUE PURSUANT TO SECTION FOUR  HUNDRED  THIRTY-ONE-A  OF  THIS
CHAPTER.  HOWEVER,  THE  TAX  RATE SO DETERMINED SHALL BE APPLIED TO THE
TAXABLE ASSESSED VALUE OF EACH PARCEL AFTER ACCOUNTING FOR ALL  APPLICA-
BLE EXEMPTIONS.
  2.  TAX  SAVINGS.  THE  TAX SAVINGS FOR EACH PARCEL SUBJECT TO A FIXED
REAL  PROPERTY  ASSESSED  VALUE  PURSUANT  TO   SECTION   FOUR   HUNDRED
THIRTY-ONE-A OF THIS CHAPTER SHALL BE COMPUTED BY SUBTRACTING THE AMOUNT
ACTUALLY  LEVIED AGAINST THE PARCEL FROM THE AMOUNT THAT WOULD HAVE BEEN
LEVIED IF NOT FOR THE FIXED REAL PROPERTY ASSESSED  VALUE.  A  STATEMENT
SHALL THEN BE PLACED ON THE TAX BILL FOR THE PARCEL IN SUBSTANTIALLY THE

A. 9875                             7

FOLLOWING  FORM:  "YOUR  TAX  SAVINGS THIS YEAR RESULTING FROM THE FIXED
REAL PROPERTY ASSESSED VALUE IS $      ."
  3.  STATE  AID. (A) THE TOTAL TAX SAVINGS DULY PROVIDED BY EACH TAXING
AUTHORITY PURSUANT TO THIS SECTION SHALL BE A STATE CHARGE, WHICH  SHALL
BE PAYABLE AS PROVIDED IN THIS SUBDIVISION.
  (B)  A  TAXING  AUTHORITY  SEEKING  STATE AID PURSUANT TO THIS SECTION
SHALL SUBMIT AN APPLICATION THEREFOR TO THE COMMISSIONER.  THE  APPLICA-
TION  SHALL  INCLUDE SUCH INFORMATION AS THE COMMISSIONER SHALL REQUIRE.
IN ADDITION, EACH TAXING AUTHORITY SHALL FILE A COPY OF SUCH APPLICATION
WITH THE COUNTY CLERK OF THE COUNTY IN WHICH AN ELIGIBLE PARCEL IS SITU-
ATE.
  (C) UPON APPROVING AN APPLICATION  FOR  STATE  AID  PURSUANT  TO  THIS
SECTION,  THE COMMISSIONER SHALL COMPUTE AND CERTIFY THE AMOUNTS PAYABLE
TO THE TAXING AUTHORITY. SUCH STATE AID SHALL BE PAYABLE UPON THE  AUDIT
AND  WARRANT  OF  THE  STATE  COMPTROLLER  FROM  VOUCHERS  CERTIFIED AND
APPROVED BY THE COMMISSIONER.
  (D) THE COMMISSIONER MAY AUDIT AN APPLICATION FOR STATE  AID  PURSUANT
TO  THIS  SECTION  WITHIN ONE YEAR AFTER AUTHORIZING PAYMENT THEREON. IF
THE COMMISSIONER SHOULD DISCOVER THAT A TAXING AUTHORITY HAS RECEIVED  A
GREATER  OR  LESSER AMOUNT OF SUCH AID THAN IT SHOULD HAVE RECEIVED, THE
COMMISSIONER SHALL SO NOTIFY THE TAXING AUTHORITY, AND SHALL  CAUSE  THE
NEXT  PAYMENT OF SUCH AID TO THE TAXING AUTHORITY TO BE ADJUSTED ACCORD-
INGLY.
  4. INSTALLMENT PAYMENTS. WHEN  REAL  PROPERTY  TAXES  ARE  PAYABLE  IN
INSTALLMENTS  PURSUANT  TO LAW, THE TAX SAVINGS PROVIDED BY THIS SECTION
SHALL BE APPLY PROPORTIONALLY AGAINST THE RESPECTIVE INSTALLMENTS.
  5. UNTIMELY PAYMENT OF TAXES. WHEN TAXES ON A PROPERTY  SUBJECT  TO  A
FIXED  REAL  PROPERTY  ASSESSED  VALUE  PURSUANT TO SECTION FOUR HUNDRED
THIRTY-ONE-A OF THIS CHAPTER ARE NOT PAID IN A TIMELY MANNER,  INTEREST,
PENALTIES AND ANY OTHER APPLICABLE CHARGES SHALL BE IMPOSED ONLY AGAINST
THE BALANCE DUE AFTER THE TAX SAVINGS PROVIDED BY THIS SECTION HAVE BEEN
DEDUCTED FROM THE TAXES OWED.
  S  7. Paragraph (a) of subdivision 2 of section 1573 of the real prop-
erty tax law, as amended by section 1 of Part Y of  chapter  56  of  the
laws  of 2010, and as further amended by subdivision (b) of section 1 of
Part W of chapter 56 of the laws of 2010, is amended and a new  subdivi-
sion 3-b is added to read as follows:
  (a) State assistance pursuant to subdivision one of this section shall
be  payable in an amount not to exceed [five] FIFTEEN dollars per parcel
for an assessment roll  upon  which  a  revaluation  is  implemented  in
accordance  with  an  approved  plan,  and not to exceed two dollars per
parcel for any assessment roll upon which a revaluation  is  not  imple-
mented  in accordance with an approved plan. The amount payable on a per
parcel basis shall exclude parcels which are wholly exempt  or  assessed
by the commissioner.
  3-B. (A) STATE ASSISTANCE SHALL BE PAYABLE IN A ONE-TIME PAYMENT OF UP
TO  TWO DOLLARS PER PARCEL, EXCLUDING PARCELS WHICH ARE WHOLLY EXEMPT OR
ASSESSED BY THE COMMISSIONER, TO EVERY  ASSESSING  UNIT  WHEN  ALL  SUCH
ASSESSING  UNITS  WHICH COMPRISE A SCHOOL DISTRICT COMPOSED OF MORE THAN
ONE ASSESSING UNIT REVALUE THEIR  ASSESSMENTS  AT  ONE  HUNDRED  PERCENT
VALUE  DURING  THE SAME YEAR, AND THE ASSESSMENT ROLLS DERIVED THEREFROM
ARE FILED IN TWO THOUSAND SEVENTEEN OR  THEREAFTER.  THE  PROVISIONS  OF
THIS  PARAGRAPH  SHALL  APPLY  ONLY  TO THOSE PARCELS WITHIN SUCH SCHOOL
DISTRICT COMPOSED OF MULTIPLE ASSESSING UNITS, WHEN ALL  SUCH  ASSESSING
UNITS  REVALUE  ASSESSMENTS AT ONE HUNDRED PERCENT VALUE DURING THE SAME
YEAR.

A. 9875                             8

  (B) NO PROVISION OF THIS SUBDIVISION SHALL  BE  DEEMED  TO  LIMIT  THE
ELIGIBILITY  OF  ANY ASSESSING UNIT TO RECEIVE STATE ASSISTANCE PURSUANT
TO SUBDIVISIONS ONE AND TWO OF THIS SECTION IN  ADDITION  TO  THE  STATE
ASSISTANCE GRANTED PURSUANT TO THIS SUBDIVISION.
  (C)  IF  AN  ASSESSING  UNIT,  AFTER  HAVING RECEIVED STATE ASSISTANCE
PURSUANT TO PARAGRAPH (A) OF THIS SUBDIVISION, REVERTS TO ASSESSMENT  AT
LESS  THAN  ONE HUNDRED PERCENT OF THE VALUE WITHIN FOUR YEARS AFTER THE
RECEIPT OF SUCH AID, SUCH ASSESSING UNIT SHALL  REMIT  TO  THE  STATE  A
PRORATED PORTION OF THE AID RECEIVED, EXCEPT THAT IN THE CASE OF A COUN-
TY  ASSESSING  UNIT,  IF A CITY OR TOWN THEREIN REVERTS TO ASSESSMENT AT
LESS THAN ONE HUNDRED PERCENT OF VALUE WITHIN FIVE YEARS AFTER THE COUN-
TY'S RECEIPT OF SUCH AID, THE COUNTY SHALL REMIT TO THE STATE A PRORATED
PORTION OF THE AID RECEIVED.
  S 8. The general municipal law is amended by adding a new  section  25
to read as follows:
  S  25.  FUNDING  OF MANDATES. 1. DEFINITIONS. AS USED IN THIS SECTION,
THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS UNLESS THE CONTEXT
SHALL OTHERWISE REQUIRE:
  (A) "MANDATE" MEANS:
  (I) ANY STATE LAW, RULE, OR REGULATION WHICH CREATES A NEW PROGRAM  OR
REQUIRES  A  HIGHER  LEVEL  OF  SERVICE  FOR AN EXISTING PROGRAM WHICH A
MUNICIPAL CORPORATION IS REQUIRED TO PROVIDE; OR
  (II) ANY GENERAL LAW WHICH GRANTS A  NEW  PROPERTY  TAX  EXEMPTION  OR
INCREASES  AN EXISTING PROPERTY TAX EXEMPTION WHICH THE MUNICIPAL CORPO-
RATION IS REQUIRED TO PROVIDE.
  (B) "UNFUNDED MANDATE" SHALL MEAN:
  (I) ANY STATE LAW, RULE, OR REGULATION WHICH CREATES A NEW PROGRAM  OR
REQUIRES  A  HIGHER  LEVEL  OF  SERVICE  FOR AN EXISTING PROGRAM WHICH A
MUNICIPAL CORPORATION IS REQUIRED TO PROVIDE AND WHICH RESULTS IN A  NET
ADDITIONAL COST TO THE MUNICIPAL CORPORATION;
  (II) ANY ALTERATION IN FUNDING PROVIDED TO A MUNICIPAL CORPORATION FOR
THE  PURPOSE OF DEFRAYING THE COSTS OF A PROGRAM WHICH IT IS REQUIRED TO
PROVIDE, THEREBY RESULTING IN A NET ADDITIONAL  COST  TO  THE  MUNICIPAL
CORPORATION; OR
  (III)  ANY  GENERAL  LAW  WHICH GRANTS A NEW PROPERTY TAX EXEMPTION OR
INCREASES AN EXISTING PROPERTY TAX EXEMPTION WHICH THE MUNICIPAL  CORPO-
RATION  IS  REQUIRED  TO  PROVIDE, THEREBY RESULTING IN A NET ADDITIONAL
COST TO THE MUNICIPAL CORPORATION.
  (C) "NET ADDITIONAL COST" MEANS THE COST OR COSTS INCURRED  OR  ANTIC-
IPATED  TO BE INCURRED WITHIN A ONE YEAR PERIOD BY A LOCAL GOVERNMENT IN
PERFORMING OR ADMINISTERING A MANDATE AFTER  SUBTRACTING  THEREFROM  ANY
REVENUES  RECEIVED  OR  RECEIVABLE BY THE LOCAL GOVERNMENT ON ACCOUNT OF
THE MANDATED PROGRAM OR SERVICE, INCLUDING BUT NOT LIMITED TO:
  (I) FEES CHARGED TO THE RECIPIENTS OF THE MANDATED PROGRAM OR SERVICE;
  (II) STATE OR  FEDERAL  AID  PAID  SPECIFICALLY  OR  CATEGORICALLY  IN
CONNECTION WITH THE PROGRAM OR SERVICE; AND
  (III)  AN  OFFSETTING  SAVINGS RESULTING FROM THE DIMINUTION OR ELIMI-
NATION OF ANY OTHER PROGRAM OR  SERVICE  DIRECTLY  ATTRIBUTABLE  TO  THE
PERFORMANCE OR ADMINISTRATION OF THE MANDATED PROGRAM.
  2.  FUNDING  OF  MUNICIPAL  CORPORATION  MANDATES. NOTWITHSTANDING ANY
OTHER PROVISION OF LAW, NO  UNFUNDED  MANDATE  SHALL  BE  ENACTED  WHICH
CREATES  AN  ANNUAL  NET ADDITIONAL COST TO ANY MUNICIPAL CORPORATION IN
EXCESS OF TEN THOUSAND DOLLARS OR AN  AGGREGATE  ANNUAL  NET  ADDITIONAL
COST TO ALL MUNICIPAL CORPORATIONS IN EXCESS OF ONE MILLION DOLLARS.

A. 9875                             9

  3.  EXCEPTIONS  TO  THE  FUNDING OF THE MUNICIPAL CORPORATION MANDATES
REQUIREMENT. (A) THE STATE SHALL NOT BE REQUIRED  TO  FUND  ANY  NEW  OR
EXPANDED PROGRAMS IF:
  (I) THE MANDATE IS REQUIRED BY A COURT ORDER OR JUDGMENT;
  (II)  THE  MANDATE  IS  PROVIDED AT THE OPTION OF THE LOCAL GOVERNMENT
UNDER A LAW, REGULATION, RULE, OR ORDER THAT IS PERMISSIVE  RATHER  THAN
MANDATORY;
  (III)  THE  MANDATE  RESULTS  FROM  THE PASSAGE OF A HOME RULE MESSAGE
WHEREBY A LOCAL GOVERNMENT REQUESTS AUTHORITY TO IMPLEMENT  THE  PROGRAM
OR  SERVICE SPECIFIED IN THE STATUTE, AND THE STATUTE IMPOSES COSTS ONLY
UPON THAT LOCAL GOVERNMENT WHICH REQUESTS THE AUTHORITY  TO  IMPOSE  THE
PROGRAM OR SERVICE;
  (IV) THE MANDATE IS REQUIRED BY, OR ARISES FROM, AN EXECUTIVE ORDER OF
THE GOVERNOR EXERCISING HIS OR HER EMERGENCY POWERS; OR
  (V)  THE MANDATE IS REQUIRED BY STATUTE OR EXECUTIVE ORDER THAT IMPLE-
MENTS A FEDERAL LAW OR REGULATION AND RESULTS FROM COSTS MANDATED BY THE
FEDERAL GOVERNMENT TO BE BORNE AT THE LOCAL LEVEL, UNLESS THE STATUTE OR
EXECUTIVE ORDER RESULTS IN COSTS WITH EXCEED THE COSTS MANDATED  BY  THE
FEDERAL GOVERNMENT.
  (B)  EACH  ACT ESTABLISHING A MANDATE SHALL PROVIDE THAT THE EFFECTIVE
DATE OF ANY SUCH MANDATE IMPOSED  ON  MUNICIPAL  CORPORATIONS  SHALL  BE
CONSISTENT  WITH  THE  NEEDS  OF THE STATE AND MUNICIPAL CORPORATIONS TO
PLAN IMPLEMENTATION THEREOF AND  CONSISTENT  WITH  THE  AVAILABILITY  OF
REQUIRED FUNDS.
  S  9.  1.  The  legislature hereby declares that the real property tax
system in the state of New York needs to be examined and restructured in
order to provide significant property tax relief for the citizens of the
state. As such, it is determined that a blue ribbon commission on  prop-
erty  tax  reform shall be established to examine the current ad valorem
property tax system and local education financing system of  the  state.
Such  commission shall submit a report and recommendations to the gover-
nor and the legislature upon completion of such examination.
  2. A blue ribbon commission on property tax reform is  hereby  created
to examine, evaluate and make recommendations on alternatives or modifi-
cations  to  the  existing  ad  valorem real property tax system in this
state and alternative  sources  of  funding  for  local  education.  The
commission shall be charged with examining and making recommendations on
specific areas of reform for local governments and school districts with
the goal of mitigating and reducing the property tax burden in the state
of  New York. The subject areas to be examined shall include, but not be
limited to, the following:
  (a) Accountability:
  (i) inspector general for schools and local governments;
  (ii) enhanced public disclosure of budget data; and
  (iii) program to eliminate waste and fraud.
  (b)  Governance  and  structure  of  local  governments   and   school
districts:
  (i) shared services and/or consolidation of personnel and services;
  (ii)  shared  services  and/or  consolidation  of  governmental  units
including special districts;
  (iii) size of municipal and school district governing boards; and
  (iv) the school district election process and oversight.
  (c) Property assessments:
  (i) property valuation process by local assessors;
  (ii) equalization rate process used by the  office  of  real  property
services;

A. 9875                            10

  (iii) countywide versus local assessment system;
  (iv)  review  of  state  payments to local governments for state owned
land; and
  (v) the definition, limits, qualifications of tax exempt properties.
  (d) Spending and tax controls:
  (i) limits on local levy growth;
  (ii) limits on local tax rate growth;
  (iii) limits on local spending growth;
  (iv) prohibition on unfunded state mandates on local  governments  and
school districts;
  (v)  other  state's  limits on local spending and/or taxing authority;
and
  (vi) a circuit breaker to limit percentage of income spent on property
taxes.
  (e) Potential alternative sources of funding to property taxes:
  (i) local/regional/state income tax;
  (ii) sales tax;
  (iii) blended revenue system; and
  (iv) other potential revenue sources.
  3. The blue ribbon commission on property tax reform shall be composed
of eleven members. The members, each to serve a term of one  year  shall
be  appointed as follows: three members shall be appointed by the gover-
nor; three members shall be appointed by the temporary president of  the
senate; three members shall be appointed by the speaker of the assembly;
one  member  shall  be appointed by the minority leader of the assembly;
and one member shall be appointed by the minority leader of the  senate.
Of  the members appointed by the governor, one shall be an expert in the
field of municipal finance, one shall be  an  expert  in  the  field  of
education  finance,  and  one  shall be an expert on assessment adminis-
tration. The commission shall elect a chair, a vice-chair and  a  secre-
tary from amongst its members. Notwithstanding the provisions of section
74  of the public officers law, section 806 of the general municipal law
or any other provision of law, membership on the commission of any state
or municipal officer or employee shall not constitute the  violation  of
any  code of ethics or a conflict of interest. The commission shall meet
at least monthly. Commissioner  members  shall  chair  subcommittees  to
fully  examine  the  five  areas  of  reform. These subcommittees may be
appointed by the commission members.  The subcommittees shall meet regu-
larly and report back to the full commission. Vacancies in  the  member-
ship  of  the  commission  and among its officers shall be filled in the
manner provided for original appointments.
  4. The commission may employ and at pleasure remove such personnel  as
it may deem necessary for the performance of its functions and fix their
compensation within the amount made available therefor.
  5.  The  commission  may meet within and without the state, shall hold
public hearings, and shall have all the powers of a legislative  commit-
tee pursuant to the legislative law.
  6.  The  members  of  the commission shall receive no compensation for
their services, but shall be allowed their actual and necessary expenses
incurred in the performance of their duties pursuant to this act.
  7. To the maximum extent feasible, the commission shall be entitled to
request and receive, and shall utilize and be provided with such facili-
ties, resources and data of any  department,  division,  board,  bureau,
commission  of  agency of the state or any political subdivision thereof
as it may reasonably request to properly carry out its powers and duties
pursuant to this act.

A. 9875                            11

  8. The blue ribbon commission on property  tax  reform  shall  make  a
final  report  to  the  governor  and  the  legislature of its findings,
conclusions and recommendations on or before December 1, 2016, and shall
submit with such report such legislative proposals as it deems necessary
to implement its recommendations.
  S 10.  This act shall take effect April 1, 2017 and shall apply to any
general  or  special  law imposing mandates on municipal corporations or
school districts enacted on or  after  such  effective  date;  provided,
however,  that  the amendments to section 2022 of the education law made
by section 2 of this act shall not affect the expiration of such section
and shall be deemed to expire therewith.