§ 1903-A — Optional homestead and non-homestead tax rates in eligible split tax districts

§ 1903-a. Optional homestead and non-homestead tax rates in eligible\nsplit tax districts. 1. Notice of intent. (a) The governing body of an\neligible split tax district which intends to establish homestead and\nnon-homestead tax rates shall file a notice of intent to establish\nhomestead and non-homestead tax rates with each assessor who prepares an\nassessment roll used in whole or in part for the levy of taxes by such\ntax district. The notice shall be filed with each assessor on or before\nthe taxable status date of the first assessment roll to which homestead\nand non-homestead tax rates may apply. A copy of the notice of intent\nshall also be filed with the county director of real property tax\nservices.\n (b) The governing body of a school district or village which expects\none or more cities or towns within the school district or village to\nadopt local laws pursuant to section nineteen hundred three of this\narticle and thereby render the school district or village an eligible\nsplit tax district and which intends to establish homestead and\nnon-homestead tax rates is authorized to and shall file the notice of\nintent required by paragraph (a) of this subdivision.\n (c) The governing body of an eligible split tax district which has\nfiled a notice of intent pursuant to this subdivision and which does not\nintend to establish homestead and non-homestead tax rates may cancel\nsuch notice of intent, provided that such cancellation shall not\nprohibit a subsequent filing of the notice of intent. A copy of such\ncancellation shall be filed with the appropriate assessors and county\ndirector of real property tax services.\n 2. Classification of assessment rolls; assessor certification. Upon\nreceiving notice pursuant to subdivision one of this section, each\nassessor who prepares an assessment roll used in whole or in part for\nthe levy of the taxes by such eligible split tax district shall classify\nin either the homestead or non-homestead class each property listed on\nsuch roll or on the part thereof applicable to such tax district. Such\nclassification of individual properties shall be subject to\nadministrative and judicial review pursuant to title one-A of article\nfive and title one of article seven of this chapter. Upon completion and\nfiling of a final assessment roll classified pursuant to this\nsubdivision, the assessor shall certify to the authorities of the tax\ndistrict the total assessed value and total taxable assessed value of\nthe real property subject to taxation for purposes of the tax district\nin the homestead and non-homestead class, respectively, as determined\nfrom such assessment roll or part thereof applicable to the tax\ndistrict. The classification and certification requirements of this\nsubdivision shall apply until the governing body of an eligible split\ntax district either cancels the notice of intent to establish homestead\nand non-homestead tax rates pursuant to subdivision one of this section\nor rescinds a resolution adopting the provisions of this section\npursuant to subdivision five of this section.\n 3. Adoption. The governing body of an eligible split tax district\nwhich has filed a notice of intent pursuant to subdivision one of this\nsection may adopt the provisions of this section by resolution,\nfollowing a public hearing, at any time prior to the levy of the\ndistrict's taxes. Prior notice of such hearing shall be published at\nleast once in a newspaper having general circulation in the tax district\nand shall be provided to the governing body of each city and town\nlocated wholly or partially within the tax district. Adoption of such\nresolution shall require use of homestead and non-homestead tax rates\ncalculated pursuant to subdivision four of this section for all\nsubsequent tax levies until such resolution is rescinded as provided in\nsubdivision five of this section. A copy of such resolution shall be\nfiled with the body, officer or employee that computes the tax rates and\nthe county director of real property tax services.\n 4. Calculation of tax rates. (a) Equalization by class. The tax\nauthorities shall determine for the homestead and non-homestead classes,\nrespectively, the total full valuation and total taxable full valuation\nof the real property subject to taxation for district purposes in each\ncity or town or part thereof included within the tax district. The total\nfull valuation of a class in a city or town or part thereof shall be\ncomputed by dividing the total assessed value of the property in the\nclass by the state equalization rate or special equalization rate\nprescribed in section thirteen hundred fourteen of this chapter. The\ntotal taxable full valuation of a class in a city or town or part\nthereof shall be computed by dividing the total taxable assessed value\nof the property in the class by the state equalization rate or special\nequalization rate prescribed in section thirteen hundred fourteen of\nthis chapter.\n (b) Aggregate tax district homestead and non-homestead proportions.\nThe governing body of the tax district shall establish by annual\nresolution an aggregate tax district homestead proportion and an\naggregate tax district non-homestead proportion. The aggregate tax\ndistrict homestead proportion shall be computed by dividing the\naggregate taxable full valuation of the real property in the homestead\nclass in the tax district as a whole by the aggregate taxable full\nvaluation of the real property in both the homestead and non-homestead\nclasses in the tax district as a whole. The aggregate tax district\nnon-homestead proportion shall be computed by subtracting the aggregate\ntax district homestead proportion from the whole number one.\n (c) Aggregate homestead and non-homestead tax shares. The governing\nbody of the tax district shall determine by annual resolution the\npercentage of the tax levy to be allocated to each class in the tax\ndistrict as a whole by establishing an aggregate homestead tax share and\nan aggregate non-homestead tax share. The aggregate homestead tax share\nshall be no less than seventy-five percent and no more than one hundred\npercent of the aggregate tax district homestead proportion, subject to\nthe following constraints:\n (i) the aggregate non-homestead tax share shall not exceed one hundred\ntwenty-five percent of the aggregate tax district non-homestead\nproportion;\n (ii) where more than fifty-seven and one-half percent of the aggregate\ntaxable full valuation of the real property in the non-homestead class\nin the eligible split tax district which is a school district as a whole\nis attributable to non-homestead real property located in one or more\ncity or town approved assessing units which have in effect a local law\nadopted pursuant to section nineteen hundred three of this article, the\naggregate non-homestead tax share shall not exceed the non-homestead\nbase proportion, adjusted non-homestead base proportion or locally\nadjusted non-homestead proportion certified pursuant to subdivision\nseven of such section nineteen hundred three or where the eligible split\ntax district which is a school district is located in more than one such\ncity or town, an average of such proportions weighted by the total\ntaxable full valuation of the non-homestead class in each such city or\ntown or part thereof within the eligible split tax district which is a\nschool district; and\n (iii) the sum of the aggregate homestead and non-homestead tax shares\nshall equal one hundred percent.\nThe governing body of the tax district shall certify the aggregate\nhomestead and non-homestead tax shares to the body, officer or employee\nthat computes the tax district's tax rates.\n (d) Apportionment by class. The body, officer or employee that\ncomputes the tax district's tax rates shall allocate to the homestead\nand non-homestead classes in the tax district as a whole, respectively,\na share of the amount to be raised equal to the applicable aggregate\nhomestead or non-homestead tax share. The amount to be raised from each\nsuch class in the tax district as a whole shall then be apportioned\nseparately among the cities or towns or parts thereof in which the tax\ndistrict is located in proportion to the percentage that the total full\nvaluation of the class in each such city or town or part thereof bears\nto the aggregate total full valuation of the class in the tax district\nas a whole. The amount so apportioned to each class in each city or town\nshall be the amount to be raised from that class in that city or town.\n (e) Class tax rates. The body, officer or employee that computes the\ntax district's tax rates shall compute a tax rate for the homestead\nclass and a separate tax rate for the non-homestead class for each city\nor town or part thereof in which the tax district is located. The tax\nrate for a class in a city or town or part thereof shall be computed by\ndividing the amount to be raised from the class in that city or town by\nthe total taxable assessed value of the real property in the class in\nthat city or town or part thereof as entered on the final assessment\nroll used for the levy of the tax district's taxes.\n (f) Correction and review. The equalization and apportionment required\nby this subdivision shall be subject to correction and review to the\nextent practicable as provided in section thirteen hundred fourteen of\nthis chapter.\n 5. Rescission. The governing body of the tax district may rescind a\nresolution adopting the provisions of this section, without a public\nhearing, at any time prior to the levy of taxes for the fiscal year to\nwhich such resolution is applicable. A copy of such resolution shall be\nfiled with the body, officer or employee that computes the tax\ndistrict's tax rates, each assessor who prepares an assessment roll used\nin whole or in part for the levy of the tax district's taxes and the\ncounty director of real property tax services.\n 6. Expiration. A notice of intent shall expire if the governing body\nfails to adopt the provisions of this section within one year after\nfiling the notice of intent. Upon the expiration of a notice of intent,\nthe classification requirements of this section shall cease to be\napplicable, but may be reinstated by the filing of a new notice of\nintent.\n