Enacts the "taxpayer bill of rights"; repealer

Summary of specific provisions

Section 1 establishes "Taxpayer Bill of Rights" as the short title of the bill.

Section 2 established the Part structure of the bill.

Section 1 of Part A repeals section 3 of the state finance law and creates a new section 3 of the state finance law to extend the current fiscal year, commencing April 1, 2010, to September 30, 2011. Beginning October 1, 2011, the first day of October will begin a new fiscal year.

Sections 2 and 3 of Part A establishes that all books, inventories, and accounts required to be closed on the last day of the fiscal year shall be closed September 30 of each year.

Section 4 of Part A establishes that any provisions of existing laws that refer to the fiscal year, as well as required reports, shall be deemed modified and construed in connection with this section,

Section 5 of Part A requires that on or before August 15 of each year, the legislature shall adopt a joint resolution that establishes the maximum appropriation to each state agency for operations, local assistance, and capital construction.

Section 6 of Part A requires that this component of the bill take effect immediately.

Section 1 of Part B amends Section 42 of the state finance law to add subsection 2, requiring that the legislature fully fund all appropriations enacted into law.

Section 2 of Part B requires that this component of the bill take effect September 1, 2011.

Section 1 of Part C amends Section 305 of the real property tax law. Subsection 1 requires that every real property tax levy shall be imposed uniformly on all real property not otherwise exempt from such taxation, and also establishes the real value of agricultural land be determined solely by consideration of the earning or productive capacity of such land. Subsection 2 establishes that residential real property be valued at 21% of its actual value and requires that the legislature shall, by law, determine the assessment percentage of real property for each year beginning January 1, 2012, Subsection 3 mandates that the office of real property services shall conduct a valuation for assessment study, sampling at least 1 percent of every class of real property in every county, and that real property services order the assessing authority to reappraise affected real property if the assessment did not comply with the provisions of this section.

Section 2 of Part C requires that this component of the bill take effect on the first of January. Section 1 of Part D adds a new section 57 to the legislative law prevents the legislature from considering or passing any bill which imposes a fee, charge, or tax the proceeds of any municipal corporation, or agency or public authority thereof.

Section 2 of Part D requires that this component of the bill take effect immediately.

Section 1 of Part E adds a new section 58 to the legislative law, which requires that no business corporation receive a tax exemption.

Section 2 of Part E requires that this component of the bill take effect on the January.

Section 1 of Part F amends the vehicle and traffic law, adding section 202-C to require monthly payment to the Comptroller of fees, fines, and penalties, which shall be deposited immediately to the credit of the dedicated highway and bridge trust fund.

Section 2 of part F amends subdivision 4 of section 89-b of the state finance law to establish moneys collected pursuant to section 1 of part F of this bill as the highway and bridge capital account.

Section 3 of part F requires that this component of the bill take effect on April 1.

Section 1 of part G states the intentions of this act, to restrain the growth of government, and grants to any resident of the state, or by a class of residents, the right to enforce the act through civil cause of action, and defines the penalty to the state if such civil cause of action be found to have merit and the resident's rights violated.

Section 2 of part G defines "ballot-issue," "emergency," "fiscal year spending," "government entity," and "inflation" as applied in this bill.

Section 3 of part G establishes provisions for a ballot referendum on spending.

Section 4 of part G requires ballot referenda on any new tax, tax rate increase, increase in real property tax rate, extension of an expiring tax or change of tax policy directly causing a net tax revenue gain; or the creation of any multiple fiscal year direct or indirect government entity debt or financial obligation.

Section 5 of part G requires each government entity to reserve at least three percent of its fiscal year spending for use in declared emergencies.

Section 6 of part G prevents government entities from imposing emergency real property taxes, but otherwise authorizes the collection of emergency taxes upon the declaration of an emergency and a two-thirds majority vote of the legislative bodies of the government entity, and only after the emergency reserves have been depleted. Such emergency tax will be placed on the ballot at the next general election.

Section 7 of part G caps spending, based on inflation and population fluctuation.

Section 8 of part G prohibits the state from imposing real property taxes and prohibits municipalities from collecting income taxes. No government entity can increase or establish transfer taxes on real property. Subsection b of section 8 of part G establishes the process for real property valuation and for appeal.