S T A T E O F N E W Y O R K
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1891--A
2019-2020 Regular Sessions
I N S E N A T E
January 17, 2019
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Introduced by Sen. KAMINSKY -- read twice and ordered printed, and when
printed to be committed to the Committee on Local Government --
committee discharged, bill amended, ordered reprinted as amended and
recommitted to said committee
AN ACT to amend the real property tax law, in relation to allowing
certain special assessing units other than cities to adjust their
current base proportions, adjusted base proportions for assessment
rolls, and the base proportion in approved assessing units in Nassau
county
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 1 of section 1803-a of the real property tax
law is amended by adding two new paragraphs (ee) and (ff) to read as
follows:
(EE) NOTWITHSTANDING THE PROVISIONS OF PARAGRAPH (C) OF THIS SUBDIVI-
SION TO THE CONTRARY, IN A SPECIAL ASSESSING UNIT THAT IS NOT A CITY AND
FOR CURRENT BASE PROPORTIONS DETERMINED BY TAXES BASED ON SUCH SPECIAL
ASSESSING UNIT'S TWO THOUSAND EIGHTEEN ASSESSMENT ROLL, THE CURRENT BASE
PROPORTION OF ANY CLASS SHALL NOT EXCEED THE ADJUSTED BASE PROPORTION OR
ADJUSTED PROPORTION, WHICHEVER IS APPROPRIATE, OF THE IMMEDIATELY
PRECEDING YEAR BY MORE THAN ONE PERCENT. WHERE THE COMPUTATION PERFORMED
PURSUANT TO PARAGRAPH (B) OF THIS SUBDIVISION WOULD OTHERWISE PRODUCE
SUCH RESULT, THE CURRENT BASE PROPORTION OF SUCH CLASS OR CLASSES SHALL
BE LIMITED TO SUCH ONE PERCENT INCREASE AND THE LEGISLATIVE BODY OF SUCH
SPECIAL ASSESSING UNIT SHALL ALTER THE CURRENT BASE PROPORTION OF ANY OR
ALL REMAINING CLASSES SO THAT THE SUM OF THE CURRENT BASE PROPORTIONS
EQUALS ONE.
(FF) NOTWITHSTANDING THE PROVISIONS OF PARAGRAPH (C) OF THIS SUBDIVI-
SION TO THE CONTRARY, IN A SPECIAL ASSESSING UNIT THAT IS NOT A CITY AND
FOR CURRENT BASE PROPORTIONS TO BE DETERMINED BY TAXES BASED ON SUCH
SPECIAL ASSESSING UNIT'S TWO THOUSAND NINETEEN ASSESSMENT ROLL, THE
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07945-02-9
S. 1891--A 2
CURRENT BASE PROPORTION OF ANY CLASS SHALL NOT EXCEED THE ADJUSTED BASE
PROPORTION OR ADJUSTED PROPORTION, WHICHEVER IS APPROPRIATE, OF THE
IMMEDIATELY PRECEDING YEAR BY MORE THAN ONE PERCENT. WHERE THE COMPUTA-
TION PERFORMED PURSUANT TO PARAGRAPH (B) OF THIS SUBDIVISION WOULD
OTHERWISE PRODUCE SUCH RESULT, THE CURRENT BASE PROPORTION OF SUCH CLASS
OR CLASSES SHALL BE LIMITED TO SUCH ONE PERCENT INCREASE AND THE LEGIS-
LATIVE BODY OF SUCH SPECIAL ASSESSING UNIT SHALL ALTER THE CURRENT BASE
PROPORTION OF ANY OR ALL REMAINING CLASSES SO THAT THE SUM OF THE
CURRENT BASE PROPORTIONS EQUALS ONE.
§ 2. Subparagraph (iv) of paragraph (a) of subdivision 3 of section
1903 of the real property tax law, as amended by chapter 186 of the laws
of 2018, is amended to read as follows:
(iv) Notwithstanding any other provision of law, in an approved
assessing unit in the county of Suffolk and for current base proportions
to be determined by taxes based on such approved assessing unit's two
thousand three - two thousand four, two thousand four - two thousand
five and two thousand five - two thousand six assessment rolls, the
current base proportion of any class shall not exceed the adjusted base
proportion or adjusted proportion, whichever is appropriate, of the
immediately preceding year by more than two percent, or in the case of
the two thousand five--two thousand six, two thousand six--two thousand
seven, two thousand seven--two thousand eight, two thousand eight--two
thousand nine, two thousand twelve--two thousand thirteen, two thousand
thirteen--two thousand fourteen, two thousand fourteen--two thousand
fifteen, two thousand fifteen--two thousand sixteen, two thousand
sixteen--two thousand seventeen, two thousand seventeen--two thousand
eighteen, [and] two thousand eighteen--two thousand nineteen, AND TWO
THOUSAND NINETEEN--TWO THOUSAND TWENTY assessment rolls, one percent.
Where the computation of current base proportions would otherwise
produce such result, the current base proportion of such class or class-
es shall be limited to such two percent or one percent increase whichev-
er is applicable, and the legislative body of such approved assessing
unit shall alter the current base proportion of either class so that the
sum of the current base proportions equals one.
§ 3. Paragraph (a) of subdivision 3 of section 1903 of the real prop-
erty tax law is amended by adding two new subparagraphs (xx) and (xxi)
to read as follows:
(XX) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, IN AN APPROVED
ASSESSING UNIT IN THE COUNTY OF NASSAU AND FOR CURRENT BASE PROPORTIONS
DETERMINED BY TAXES BASED ON SUCH APPROVED ASSESSING UNIT'S TWO THOUSAND
EIGHTEEN ROLL, THE CURRENT BASE PROPORTION OF ANY CLASS SHALL NOT EXCEED
THE ADJUSTED BASE PROPORTION OR ADJUSTED PROPORTION, WHICHEVER IS APPRO-
PRIATE, OF THE IMMEDIATELY PRECEDING YEAR, BY MORE THAN ONE PERCENT,
PROVIDED THAT SUCH APPROVED ASSESSING UNIT HAS PASSED A LOCAL LAW, ORDI-
NANCE OR RESOLUTION PROVIDING THEREFOR. WHERE THE COMPUTATION OF CURRENT
BASE PROPORTIONS WOULD OTHERWISE PRODUCE SUCH RESULT, THE CURRENT BASE
PROPORTION OF SUCH CLASS OR CLASSES SHALL BE LIMITED TO SUCH ONE PERCENT
INCREASE AND THE LEGISLATIVE BODY OF SUCH APPROVED ASSESSING UNIT SHALL
ALTER THE CURRENT BASE PROPORTION OF EITHER CLASS SO THAT THE SUM OF THE
CURRENT BASE PROPORTIONS EQUALS ONE.
(XXI) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, IN AN APPROVED
ASSESSING UNIT IN THE COUNTY OF NASSAU AND FOR CURRENT BASE PROPORTIONS
TO BE DETERMINED BY TAXES BASED ON SUCH APPROVED ASSESSING UNIT'S TWO
THOUSAND NINETEEN ROLL, THE CURRENT BASE PROPORTION OF ANY CLASS SHALL
NOT EXCEED THE ADJUSTED BASE PROPORTION OR ADJUSTED PROPORTION, WHICHEV-
ER IS APPROPRIATE, OF THE IMMEDIATELY PRECEDING YEAR, BY MORE THAN ONE
S. 1891--A 3
PERCENT, PROVIDED THAT SUCH APPROVED ASSESSING UNIT HAS PASSED A LOCAL
LAW, ORDINANCE OR RESOLUTION PROVIDING THEREFOR. WHERE THE COMPUTATION
OF CURRENT BASE PROPORTIONS WOULD OTHERWISE PRODUCE SUCH RESULT, THE
CURRENT BASE PROPORTION OF SUCH CLASS OR CLASSES SHALL BE LIMITED TO
SUCH ONE PERCENT INCREASE AND THE LEGISLATIVE BODY OF SUCH APPROVED
ASSESSING UNIT SHALL ALTER THE CURRENT BASE PROPORTION OF EITHER CLASS
SO THAT THE SUM OF THE CURRENT BASE PROPORTIONS EQUALS ONE.
§ 4. This act shall take effect immediately; provided, however, that
section one of this act shall apply to the levy of taxes based on the
2018 and 2019 assessment rolls in a special assessing unit that is not a
city and that section three of this act shall apply to the levy of taxes
based on the 2018 and 2019 assessment rolls in approved assessing units
in the county of Nassau that pass a local law, ordinance or resolution
to adopt these provisions.