§ 545 — State aid; state-owned lands

§ 545. State aid; state-owned lands. 1. Whenever the state or an\nagency of the state acquires real property which becomes exempt as a\nresult of such acquisition and which constitutes two per cent or more of\nthe total taxable assessed valuation of the latest preceding assessment\nroll or there is a reduction in assessments on taxable state lands, the\ncommissioner shall establish a "transition assessment" which will in\neffect prevent any loss of taxable assessed valuation on the assessment\nroll for the first year affected by such occurrence or occurrences. For\neach succeeding year, the commissioner shall establish a transition\nassessment which will in effect limit to two per cent of the total\ntaxable assessed valuation on the latest preceding assessment roll the\nloss in taxable assessed valuation on such roll as a result of such\noccurrence or occurrences, and (i) further acquisitions by the state or\nan agency of the state, or (ii) further reductions in assessments on\ntaxable state lands, or (iii) both (i) and (ii).\n 2. In the first year of such occurrence or occurrences, the\ncommissioner shall establish a transition assessment.\n 3. In establishing transition assessments pursuant to this section,\nthe commissioner shall: a. In determining whether real property acquired\nby the state or an agency of the state constitutes two per cent or more\nof the total taxable assessed valuation of the latest preceding\nassessment roll, the assessed valuation of the property acquired shall\nbe determined from the second assessment roll preceding the first\nassessment roll affected by the acquisition;\n b. In making computations and determinations pursuant to this section,\ntake into account increases or decreases in level of assessment on the\nassessment rolls involved;\n c. In establishing a transition assessment for a town assessment roll,\nindicate the amount of the transition assessment which is applicable to\nthat portion of the town located outside of any village and also the\namount of the transition assessment upon which state aid shall be paid\nfor county purposes;\n d. Round all transition assessments to the nearest ten dollars.\n 4. The transition assessments as established and certified by the\ncommissioner shall be entered by the assessor or other appropriate local\nofficial on the assessment roll and shall be, and shall be treated for\nall purposes as, taxable assessed valuation on such roll.\n 5. The commissioner shall certify to the state comptroller all\ntransition assessments which it establishes and the state comptroller\nshall pay as state aid the amounts, equivalent to the taxes, levied on\nsuch assessments, in the manner prescribed by section five hundred\nforty-four of this chapter out of moneys appropriated by the legislature\nfor the payment of taxes on state-owned lands.\n 6. In making transition assessments pursuant to this section:\n (a) for property acquired by a state public authority or by the state\nfor the purposes of a state public authority, such transition\nassessments shall be reduced to take into account any payments in lieu\nof taxes made pursuant to law by such state public authority to the tax\ndistrict, so that the total of state aid paid on each transition\nassessment and the payment in lieu of taxes received by the tax district\nwould be in effect equal to the state aid payable on such transition\nassessment computed without regard to this subdivision; and\n (b) for state lands in which interests have been granted by the state\nto others which interests and improvements made to lands in which those\ninterests have been granted are taxable pursuant to subdivision two of\nsection five hundred sixty-four of this article, such transition\nassessments shall be reduced by the taxable assessed value of those\ninterests and improvements.\n (c) The assessor in each assessing unit for which transition\nassessments are made pursuant to this section shall annually report to\nthe commissioner the total taxable assessed value of interests and\nimprovements subject to taxation pursuant to subdivision two of section\nfive hundred sixty-four of this article. This report shall be filed not\nlater than ten days after the completion and filing of the final\nassessment roll each year.\n 7. Definitions. As used in this section: a. "Agency of the state", in\nthe case of public authorities, includes state public authorities but\nexcludes all other public authorities.\n b. "Assessment roll", in the case of a city or town, means the entire\ncity or town assessment roll; in the case of a village, means the entire\nvillage assessment roll, except in the case of a village which has\nenacted a local law as provided in subdivision three of section fourteen\nhundred two of this chapter, may also mean that part of the assessment\nroll of the town or county upon which village taxes were or are to be\nlevied; in the case of a county, means the entire city or town\nassessment roll affected by the occurrence or occurrences described in\nsubdivision one of this section; in the case of a school district or\nspecial district, means that portion of the city or town assessment roll\nused for the levy of school or special district taxes which is affected\nby the occurrence.\n c. "First year" means a year following a year for which no transition\nassessment was established.\n d. "Lands" or "state lands" as used in this section, shall include\nlands acquired by the state or an agency of the state for highway or\nparkway purposes.\n e. "Latest preceding assessment roll" means the last preceding\nassessment roll finally completed, verified and filed prior to the final\ncompletion of the assessment roll for which the transition assessment is\nbeing established, but shall not mean or include a supplemental\nassessment roll completed, verified and filed as provided in section\nthirteen hundred thirty-five of this chapter.\n f. "Reduction in assessments on state lands" means a loss in taxable\nassessed valuation on an assessment roll as a result of the approval by\nthe commissioner of assessed valuations on state lands which in total\namount to less than the total taxable assessed valuations on such lands\nin the preceding year, whether or not such lands were owned by the state\nin the preceding year.\n g. "State public authority" means a public benefit corporation as\ndefined in section sixty-six of the general construction law whose\nmembership is required by law to consist entirely of members who are\nappointed by the governor or other state officer or who serve as members\nas ex officio state officers.\n h. "Tax district" means a county, city, town, village, school district\nor special district.\n