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Sponsors
2 Co-sponsors
History
- Referred to local government
- Referred to local government
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Relates to charges for counsel or experts fees in proceedings to review special franchise assessments
In Assembly Committee · Real Property Taxation · Sponsor William Magee
Full text
The text isn't available here yet. Check nysenate.gov.
Sponsor's memo
BILL NUMBER:S2386
Title of bill
An act to amend the real property tax law, in relation to charges for counsel or experts in certain review proceedings
Purpose
To provide that the state shall bear costs associated with the review of special franchise assessments established by the Office of Real Property Services (ORPS).
Summary of provisions
This bill would amend section 742 of the real property tax law to remove provisions requiring the state to recoup from municipalities counsel expert fees incurred by the State Board of Real Property Services in proceedings to review special franchise assessments and to specify that such fees shall be borne by the state.
Justification
The Office of Real Property Services establishes special franchise assessments annually on behalf of local governments. The special franchise owner (public utility companies) may challenge these assessments through a proceeding to review a special franchise assessment and under current law, counsel and expert fees incurred by the state in such proceedings are charged to the municipality in which the special franchise property is located.
Because the municipality in which the special franchise property is located does not establish the amount of the special franchise assessment, it seems inequitable to require the municipality to pay counsel and expert fees associated with the defense of such assessments, particularly given that the municipality does not have input on whether or not such fees are incurred on or any other aspects of the defense of these assessments. When a municipality sets assessments, the municipality is responsible for defending such assessments and the costs associated therewith. Similarly, when the state establishes an assessment, the state should be responsible for costs incurred in the defense of such an assessment. Accordingly, this bill would remove provisions requiring municipalities to pay counsel and expert fees associated with the defense of special franchise assessments and would require that these expenses be borne by the State.
Legislative history
S.3045 of 2009-10; S.2646 of 2007-08.
Fiscal implications
To be determined.
Effective date
Immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.