545 - State aid; state-owned lands.

§  545.  State  aid;  state-owned  lands.  1. Whenever the state or an  agency of the state acquires real property which  becomes  exempt  as  a  result of such acquisition and which constitutes two per cent or more of  the  total taxable assessed valuation of the latest preceding assessment  roll or there is a reduction in assessments on taxable state lands,  the  state  board  shall  establish  a  "transition assessment" which will in  effect prevent any loss of taxable assessed valuation on the  assessment  roll  for the first year affected by such occurrence or occurrences. For  each succeeding year, the  state  board  shall  establish  a  transition  assessment  which  will  in  effect  limit  to two per cent of the total  taxable assessed valuation on the latest preceding assessment  roll  the  loss  in  taxable  assessed  valuation  on such roll as a result of such  occurrence or occurrences, and (i) further acquisitions by the state  or  an  agency  of  the  state, or (ii) further reductions in assessments on  taxable state lands, or (iii) both (i) and (ii).    2. In the first year of such  occurrence  or  occurrences,  the  state  board shall establish a transition assessment.    3.  In  establishing  transition assessments pursuant to this section,  the state board shall: a. In determining whether real property  acquired  by  the state or an agency of the state constitutes two per cent or more  of  the  total  taxable  assessed  valuation  of  the  latest  preceding  assessment  roll,  the assessed valuation of the property acquired shall  be determined from  the  second  assessment  roll  preceding  the  first  assessment roll affected by the acquisition;    b. In making computations and determinations pursuant to this section,  take  into  account increases or decreases in level of assessment on the  assessment rolls involved;    c. In establishing a transition assessment for a town assessment roll,  indicate the amount of the transition assessment which is applicable  to  that  portion  of  the  town located outside of any village and also the  amount of the transition assessment upon which state aid shall  be  paid  for county purposes;    d. Round all transition assessments to the nearest ten dollars.    4.  The  transition  assessments  as  established and certified by the  state board shall be entered by the assessor or other appropriate  local  official  on  the assessment roll and shall be, and shall be treated for  all purposes as, taxable assessed valuation on such roll.    5. The  state  board  shall  certify  to  the  state  comptroller  all  transition  assessments  which  it establishes and the state comptroller  shall pay as state aid the amounts, equivalent to the taxes,  levied  on  such  assessments,  in  the  manner  prescribed  by section five hundred  forty-four of this chapter out of moneys appropriated by the legislature  for the payment of taxes on state-owned lands.    6. In making transition assessments pursuant to this section:    (a) for property acquired by a state public authority or by the  state  for   the   purposes  of  a  state  public  authority,  such  transition  assessments shall be reduced to take into account any payments  in  lieu  of  taxes made pursuant to law by such state public authority to the tax  district, so that the  total  of  state  aid  paid  on  each  transition  assessment and the payment in lieu of taxes received by the tax district  would  be  in  effect  equal to the state aid payable on such transition  assessment computed without regard to this subdivision; and    (b) for state lands in which interests have been granted by the  state  to  others which interests and improvements made to lands in which those  interests have been granted are taxable pursuant to subdivision  two  of  section  five  hundred  sixty-four  of  this  article,  such  transition  assessments shall be reduced by the  taxable  assessed  value  of  those  interests and improvements.(c)   The  assessor  in  each  assessing  unit  for  which  transition  assessments are made pursuant to this section shall annually  report  to  the  state  board  the  total  taxable  assessed  value of interests and  improvements subject to taxation pursuant to subdivision two of  section  five  hundred sixty-four of this article. This report shall be filed not  later than ten days  after  the  completion  and  filing  of  the  final  assessment roll each year.    7.  Definitions. As used in this section: a. "Agency of the state", in  the case of public authorities, includes state  public  authorities  but  excludes all other public authorities.    b.  "Assessment roll", in the case of a city or town, means the entire  city or town assessment roll; in the case of a village, means the entire  village assessment roll, except in the  case  of  a  village  which  has  enacted a local law as provided in subdivision three of section fourteen  hundred  two  of this chapter, may also mean that part of the assessment  roll of the town or county upon which village taxes were or  are  to  be  levied;  in  the  case  of  a  county,  means  the  entire  city or town  assessment roll affected by the occurrence or occurrences  described  in  subdivision  one  of  this  section; in the case of a school district or  special district, means that portion of the city or town assessment roll  used for the levy of school or special district taxes which is  affected  by the occurrence.    c.  "First year" means a year following a year for which no transition  assessment was established.    d. "Lands" or "state lands" as used in  this  section,  shall  include  lands  acquired  by  the  state or an agency of the state for highway or  parkway purposes.    e.  "Latest  preceding  assessment  roll"  means  the  last  preceding  assessment roll finally completed, verified and filed prior to the final  completion of the assessment roll for which the transition assessment is  being  established,  but  shall  not  mean  or  include  a  supplemental  assessment roll completed, verified and filed  as  provided  in  section  thirteen hundred thirty-five of this chapter.    f.  "Reduction  in assessments on state lands" means a loss in taxable  assessed valuation on an assessment roll as a result of the approval  by  the  state  board  of  assessed valuations on state lands which in total  amount to less than the total taxable assessed valuations on such  lands  in the preceding year, whether or not such lands were owned by the state  in the preceding year.    g.  "State  public  authority"  means  a public benefit corporation as  defined in section sixty-six  of  the  general  construction  law  whose  membership  is  required  by  law to consist entirely of members who are  appointed by the governor or other state officer or who serve as members  as ex officio state officers.    h. "Tax district" means a county, city, town, village, school district  or special district.