2012 New York Consolidated Laws
RPT - Real Property Tax
Article 13 - (1300 - 1342) SPECIAL PROVISIONS RELATING TO SCHOOL DISTRICTS
1316 - Alternative school tax apportionment.

 
    §  1316.  Alternative school tax apportionment. 1. Notwithstanding the
  provisions of section thirteen  hundred  fourteen  of  this  article,  a
  school  district located in more than one city or town, which includes a
  designated large property, as determined by the state board, may provide
  by annual resolution, adopted no later than ten days prior to  the  last
  day  provided  by law for the levy of school taxes, that school taxes to
  be levied for the fiscal year commencing July first  of  the  same  year
  shall  be apportioned to each city or town or part thereof in accordance
  with the provisions set forth in this section.
    2. A designated large property is  real  property  consisting  of  one
  parcel  on  an assessment roll or multiple parcels on an assessment roll
  under common ownership that meet all of the following criteria:
    (a) the large property constitutes five percent or more of  the  total
  assessed  value used to establish the latest state equalization rate and
  constitutes five percent or more of the total assessed value of a school
  district segment of the city or town;
    (b) the full  value  estimate  of  the  large  property  used  by  the
  commissioner to establish the latest state equalization rate is at least
  five million dollars; and
    (c)  the  percentage  difference between the latest state equalization
  rate and  the  apportionment  equalization  rate  computed  pursuant  to
  subdivision four of this section is at least five percent.
    3.  Within  five  days  of the establishment of the latest final state
  equalization rate, the commissioner shall notify  both  the  appropriate
  school  district and the assessing unit of such designation. Such notice
  shall contain instructions for the apportionment  of  the  tax  levy  in
  accordance  with the provisions of subdivision seven of this section and
  shall  contain  an  apportionment  rate  computed  in  accordance   with
  subdivision four of this section.
    4. The apportionment rate shall be the latest final state equalization
  rate,  computed  exclusive  of  the  total  assessed value or full value
  estimate of the designated large property.
    5. If there is a change in level of assessment of two percent or  more
  between   the   assessment   roll  for  which  the  latest  final  state
  equalization rate is established and the assessment roll upon which  the
  school  tax  is  levied, then the apportionment rate for school purposes
  shall be adjusted by multiplying the apportionment rate by the change in
  level of assessment.
    6. Within five days of receiving notification  from  the  commissioner
  that  a  designated large property exists, the assessor shall certify to
  the school district the assessed value of the designated large  property
  for  the  purpose  of  apportioning  and  levying  taxes. A copy of such
  certificate shall also be provided to the commissioner.
    7. The school district shall apportion and levy its taxes as follows:
    (a) The tax shall be apportioned in accordance with the provisions  of
  section thirteen hundred fourteen of this article.
    (b)  The amount of tax to be raised from the designated large property
  shall be determined by multiplying the appropriate  assessed  value  tax
  rate  determined in accordance with paragraph (a) of this subdivision by
  the taxable assessed value of the designated large property  within  the
  school  district.  This  shall  be the amount of the tax levied upon the
  designated large property.
    (c) The amount of tax for the large property determined  in  paragraph
  (b)  of  this  subdivision  shall be subtracted from the total amount of
  real property tax to be raised throughout the school district.
    (d) The resulting tax levy from  paragraph  (c)  of  this  subdivision
  shall  be  reapportioned  among  all  other  property  within the taxing
  jurisdiction,  exclusive  of  the  designated   large   property.   This

  reapportionment  shall  be  done  in  accordance  with  section thirteen
  hundred fourteen of this article, except that:
    (i)  The  assessed  value  of  the  designated large property shall be
  subtracted from the assessed value  of  the  appropriate  city  or  town
  segment used in the initial apportionment of the tax in paragraph (a) of
  this subdivision.
    (ii)  The  apportionment  rate  shall  be  used  for  the city or town
  containing the designated large property.
    (iii) For all cities and towns not  containing  the  designated  large
  property,  the  assessed values and equalization rates shall be the same
  amounts used in paragraph (a) of this subdivision.
    (e) Separate assessed value tax  rates  will  be  determined  for  the
  designated large property and the other property within the city or town
  where the designated large property is located.
    (f)  In  the event that there are multiple designated large properties
  within the school district, the amount of tax to  be  levied  upon  each
  large  property,  determined in paragraph (b) of this subdivision, shall
  be summed and treated as one amount for determining the amount of tax to
  be  raised  from  the  remaining  property  in  paragraph  (c)  of  this
  subdivision.