Assembly Bill A2875

2023-2024 Legislative Session

Relates to telecommunications equipment owned by other than a telephone company

download bill text pdf

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Current Bill Status - Stricken


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2023-A2875 (ACTIVE) - Details

See Senate Version of this Bill:
S4936
Law Section:
Real Property Tax Law
Laws Affected:
Amd §102, RPT L
Versions Introduced in Other Legislative Sessions:
2019-2020: A8201, S6511
2021-2022: A712, S5389

2023-A2875 (ACTIVE) - Summary

Provides that all equipment used for the transmission and switching of radio signals for the provision of commercial mobile radio service or mobile internet access service no longer constitutes real property subject to the real property tax law.

2023-A2875 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2875
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 27, 2023
                                ___________
 
 Introduced  by  M. of A. D. ROSENTHAL, DICKENS -- read once and referred
   to the Committee on Real Property Taxation
 
 AN ACT to amend the real property tax law, in relation  to  telecommuni-
   cations equipment owned by other than a telephone company
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The legislature finds that it is  necessary  to  correct  a
 decision  of the court of appeals that erroneously overlooked or miscon-
 strued section 1 of chapter 71 of the laws of 1985, sections 2, 6, and 7
 of chapter 416 of the laws of 1987, and paragraph (i) of subdivision  12
 of  section  102  of  the real property tax law. This act is intended to
 clarify that all equipment used for the transmission  and  switching  of
 electromagnetic voice, video and data signals between different entities
 separated  by  air, street or other public domain, and related equipment
 necessary to the operation of such equipment or the modification of such
 signals required by such equipment, regardless of  location,  no  longer
 constitutes  real property subject to the real property tax law, even if
 any items of such equipment would otherwise constitute a fixture taxable
 under paragraph (b) of subdivision 12 of section 102 of the real proper-
 ty tax law.
   § 2. Paragraph (i) of subdivision 12 of section 102 of the real  prop-
 erty tax law, as added by chapter 416 of the laws of 1987, is amended to
 read as follows:
   (i)  When  owned  by  other  than  a telephone company as such term is
 defined in paragraph (d) [hereof] OF THIS SUBDIVISION, all lines, wires,
 poles, supports and inclosures for electrical conductors upon, above and
 underground used in connection with the  transmission  or  switching  of
 electromagnetic voice, video and data signals between different entities
 separated  by air, street or other public domain, except that such prop-
 erty shall not include: (A) station connections; (B) fire  and  surveil-
 lance  alarm system property; (C) such property used in the transmission
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06490-01-3
              

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