§ 54-B — State assistance to certain public corporations in which railroad real property is partially exempt from taxation

New York § 54-B

• Jurisdiction: New York
• Law STF: State Finance
• Art. 4-A: State Assistance to Local Government

Text

* § 54-b. State assistance to certain public corporations in which\nrailroad real property is partially exempt from taxation. 1. When used\nin this section, unless otherwise expressly stated:\n a. "Public corporation" means a county, city, town, village, school\ndistrict, town or county improvement district, district corporation or\nspecial district in which real property is subject to taxation or\nspecial ad valorem levies.\n b. "Railroad company" means a corporation, joint stock company,\nassociation, partnership, individual or other person which is operating\na railroad system as a common carrier by rail, including but not limited\nto a street, surface, underground or elevated railroad, whether as\nowner, lessee, mortgagee, trustee, receiver or assignee of railroad real\nproperty, and to which the provisions of title two-a of article four of\nthe real property tax law apply as a result of the exercise of the\noption provided in section four hundred eighty-nine-v of the real\nproperty tax law.\n c. "Railroad real property" means the land, real estate and real\nproperty (as defined in subdivision twelve of section one hundred two of\nthe real property tax law) of a railroad company, which is used by such\nrailroad company for transportation purposes and includes (a) such\nproperty leased to such railroad company, (b) such property used or\noccupied by such railroad company, title to which is in the state or in\nany municipal corporation thereof under any of the grade crossing\nelimination acts, and (c) the tangible property of a railroad company\nsituated upon, under, over or above any street, highway, public place or\npublic waters and the value of any franchise, right or permission to\nconstruct, maintain or operate a railroad in, under, over, above, or on\nthrough, streets, highways or public places.\n d. "Tax" or "taxation" means an ad valorem charge or special ad\nvalorem levy imposed upon real property by or on behalf of a public\ncorporation.\n e. "Base fiscal year" means the last fiscal year of a public\ncorporation commencing prior to July first, nineteen hundred fifty-nine;\nprovided, however, that when a railroad company elects after July first,\nnineteen hundred seventy-one to have the provisions of title two-A of\narticle four of the real property tax law apply, then "base fiscal year"\nfor the purposes of this section only means the last fiscal year of a\npublic corporation commencing prior to July first of the year preceding\nthe calendar year in which the first railroad ceiling is determined; and\nfurther provided, however, that when railroad real property is acquired\nby a profitable railroad as defined in section one hundred two of the\nregional rail reorganization act of nineteen hundred seventy-three, or a\nsubsidiary thereof, from a railroad in reorganization as therein\ndefined, in connection with or pursuant to a plan of reorganization or\nrestructuring under or pursuant to the regional rail reorganization act\nof nineteen hundred seventy-three, the base fiscal year for purposes of\nthis section only shall continue to be the base fiscal year applicable\nto such property prior to such acquisition.\n f. "Current fiscal year" means the fiscal year of the public\ncorporation for which taxes are levied on the assessment roll affected\nby the railroad ceiling on account of which state aid is being\ncalculated for the public corporation under this section.\n g. "Change in the level of assessment" means the net increase or\ndecrease in the assessed valuation of the taxable property on an\nassessment roll as a result of assessing such property at a higher or\nlower ratio of full value.\n 2. State assistance shall be apportioned and paid in accordance with\nthis section to each public corporation in the state in which there is\nrailroad real property which became partially exempt from taxation under\ntitle two-a of article four of the real property tax law prior to April\nfirst, nineteen hundred seventy-six and in which the taxes levied\nagainst railroad real property by or on behalf of such public\ncorporation for its base fiscal year exceeded one hundred thousand\ndollars ($100,000) or two per cent of the total amount of taxes levied\nagainst all real property by or on behalf of such public corporation for\nits base fiscal year.\n 3. The chief fiscal officer of a public corporation entitled to state\nassistance under this section shall, during such fiscal year of such\npublic corporation commencing on or after July first, nineteen hundred\nsixty:\n a. Compute the total amount of taxes levied by or on behalf of such\npublic corporation against railroad real property for the base fiscal\nyear and deduct therefrom the sum of the following two amounts:\n (1) An amount equal to any sums which, on or before December\nthirty-first, nineteen hundred fifty-nine shall have been paid or\ncredited or determined to be payable to any railroad company by a public\ncorporation directly or indirectly on account of such real property\ntaxes; and\n (2) The total amount of such taxes levied against tangible railroad\nreal property retired or no longer used for transportation purposes and\ntherefore no longer assessable as railroad real property with respect to\nthe tax levy for the current fiscal year of such public corporation; and\n b. Subtract from the amount computed pursuant to paragraph a the total\namount of taxes which would have been levied by or on behalf of such\npublic corporation against railroad real property for the current fiscal\nyear of such public corporation if the tax rate for the year preceding\nthe current fiscal year when adjusted to reflect any changes in the\nlevel of assessment had been applied to the railroad ceiling established\nfor the current fiscal year; provided, however, that if the tax rate for\nthe base fiscal year of such public corporation when adjusted to reflect\nsubsequent changes in the level of assessment, exceeded the tax rate for\nthe fiscal year preceding the current fiscal year, such higher tax rate\nshall be used, and provided further that the amount subtracted pursuant\nto this paragraph shall be reduced by the total of any amounts paid or\npayable to any railroad company by a city on account of real property\ntaxes levied by such city against exempt railroad real property for the\ncurrent fiscal year in lieu of separately assessing such exempt railroad\nreal property.\n 4. The amount of state assistance payable to the public corporation\nshall be fifty per cent of the difference in total taxes on railroad\nreal property computed as provided in subdivision three of this section\nexcept that if the amount computed as provided in subdivision five of\nthis section is greater, state assistance shall be paid in such greater\namount.\n 5. a. Calculate the sum of the following three amounts:\n (1) The result of applying the tax rate for the fiscal year preceding\nthe current fiscal year to the amount by which the railroad ceiling for\nsuch preceding year exceeded the railroad ceiling for the current fiscal\nyear after the ceiling for the current fiscal year shall have been\nadjusted to eliminate the effects of the changes, if any, in the level\nof assessment on the assessment roll for which such ceiling was\nestablished and to reflect the same property which was included in\nestablishing the ceiling for the preceding fiscal year;\n (2) The total amount of state aid received or receivable by the public\ncorporation for the fiscal year preceding the current fiscal year\npursuant to this section; and\n (3) An amount which will limit the tax rate increase in any year for a\npublic corporation to two per cent where such increase would result from\nthe exemption of railroad real property pursuant to the provisions of\ntitles two-a and two-b of the real property tax law, and (i) the\nacquisitions of real property by the state or an agency of the state, or\n(ii) reductions in assessments on taxable state-owned lands, or (iii)\nboth (i) and (ii). All terms used in this paragraph which are not\notherwise defined in this section shall have the same meaning as set\nforth in section five hundred forty-five of the real property tax law.\n b. Subtract from the sum calculated in paragraph a of this subdivision\ntwo per cent of the total amount of taxes levied by or on behalf of the\npublic corporation for the fiscal year preceding the current fiscal\nyear.\n c. Whenever the result of the subtraction provided for in paragraph b\nof this subdivision exceeds the amount of state aid which would be paid\nto the public corporation pursuant to subdivision three of this section,\nthe public corporation shall be entitled to the amount of state aid\ncalculated pursuant to this subdivision notwithstanding that the levy of\ntaxes for the base fiscal year of such public corporation on railroad\nreal property did not exceed either one hundred thousand dollars\n($100,000) or two per cent of the total amount of taxes levied against\nall real property by or on behalf of such public corporation.\n 6. During the state fiscal year commencing April first, nineteen\nhundred seventy-eight, the chief fiscal officer of a public corporation\nentitled to state assistance under this section shall make application\nfor such assistance to the state board. Whenever in a city with a\npopulation of one hundred twenty-five thousand or more no separate\nschool district tax rate is determined and used in levying and extending\nschool taxes, the chief fiscal officer of such city shall file one\napplication which shall contain consolidated information and data with\nrespect to taxes levied by or on behalf of such city and city school\ndistrict. The application shall be made on a form approved by such board\nand shall contain such information as the board shall require. For the\npurpose of the application, the assessor of each assessing unit shall\nsupply the necessary information to the chief fiscal officer of any\npublic corporation for which taxes have been levied within the assessing\nunit. The application shall be made within three months after the\ncommencement of the first fiscal year of such public corporation\ncommencing on or after April first, nineteen hundred seventy-eight or\nwithin ninety days of the effectiveness of the provisions of this\nsubdivision as last amended whichever last occurs. Upon approval by the\nstate board of the application made pursuant to this subdivision and,\nupon computation and certification by the state board to the comptroller\nof the amount of state assistance payable to each public corporation\npursuant to this section, such state assistance shall be apportioned and\npaid to such public corporation on audit and warrant of the comptroller\nout of moneys appropriated by the legislature for state assistance to\npublic corporations in which railroad real property is partially exempt\nfrom taxation.\n 7. Notwithstanding any other provisions of this section or of any\nother law, state assistance shall be payable under this section to any\npublic corporation in which certain railroad real property would be\nexempt from taxation under title two-a and title two-b of article four\nof the real property tax law but for the provisions of subdivision two\nof section four hundred eighty-nine-d of such law, in the same amount\nfor which such public corporation would have qualified if such exemption\nhad been effective, provided, however, that if such public corporation\nat any time receives any of the taxes which were levied against such\nrailroad real property as a result of the applicability of said\nsubdivision two of section four hundred eighty-nine-d, the public\ncorporation shall notify the state board of equalization and assessment\nof the amount of taxes so received and shall repay to the state an\nequitable share of the taxes so received. For purposes of this\nsubdivision, "equitable share of the taxes so received" shall mean an\namount determined by such board equal to the difference between the\naggregate state assistance paid to such public corporation pursuant to\nthis subdivision and the aggregate state assistance which would have\nbeen payable to such public corporation if the taxes so received had\nbeen taken into account in computing the aggregate state assistance\npayable pursuant to this section.\n 8. a. Notwithstanding any other provision of this section or of any\nother law, any public corporation in which is located any real property\n(1) with respect to which the metropolitan transportation authority or\nany subsidiary corporation of that authority is entitled to tax\nexemption pursuant to section twelve hundred seventy-five or twelve\nhundred sixty-six, subdivision five, of the public authorities law, and\n(2) which constitutes railroad facilities as defined in subdivision ten\nof section twelve hundred sixty-one of such law and (3) which is used\nfor transportation purposes, shall be entitled to apportionment and\npayment of state assistance under the foregoing subdivisions of this\nsection in the same manner and to the same extent as if such real\nproperty were railroad real property exempt from taxation pursuant to\ntitle two-b of article four of the real property tax law, except in\nmaking such computations, the state board of equalization and assessment\nshall use an exemption factor of one hundred percent.\n In the case of such property of a railroad which was exempt from\ntaxation pursuant to section four hundred seventy-six of the real\nproperty tax law for fiscal year commencing on or after July first,\nnineteen hundred fifty-four, the state board shall determine the total\namount of taxes which would have been levied but for the provisions of\ntitles two-a and two-b of article four of the real property tax law, by\nor on behalf of such public corporation on account of the transportation\nproperty of such railroad for the current fiscal year by: (1)\nascertaining the amount of taxes finally determined to be payable on\nsuch property for the first fiscal year in which such property qualified\nfor an exemption under section four hundred seventy-six of the real\nproperty tax law adjusted for any such property retired or otherwise\ndisposed of, (2) multiplying the amount so computed for each such\ncorporation by three, and (3) further adjusting the result by the ratio\nwhich the tax rate for such public corporation for the fiscal year next\npreceding the first fiscal year for which the aid is to be paid pursuant\nto this subdivision bears to the tax rate adjusted for changes in level\nof assessment for such public corporation in the first fiscal year for\nwhich such property qualified for exemption under section four hundred\nseventy-six of the real property tax law. The result of such computation\nshall be used as prescribed in paragraph b of subdivision three of this\nsection.\n b. For the first fiscal year for which state aid is paid pursuant to\nthis subdivision, the amount of aid shall be equal to one hundred\npercent of the amount computed pursuant to this section, and each\nsucceeding fiscal year thereafter such amount shall be reduced by an\namount equal to three percent of the amount payable for the first year\nfor which state aid is paid pursuant to this subdivision.\n 9. Notwithstanding any other provision of this section, the amount of\nstate assistance payable to a public corporation pursuant to this\nsection in the state fiscal year commencing on April first, nineteen\nhundred seventy-eight shall be the amount of state assistance that was\npaid to such public corporation in the state fiscal year commencing on\nApril first, nineteen hundred seventy-seven. Upon ascertainment of\nstate assistance payable, pursuant to this subdivision, such state\nassistance shall be apportioned and paid to such public corporation on\naudit and warrant of the comptroller out of moneys apportioned by the\nlegislature.\n 10. Notwithstanding any inconsistent provision of this section or\nother law, the provisions of this section shall remain in force and\neffect only until March thirty-first, nineteen hundred seventy-nine.\n * NB Expired March 31, 1979\n