sixty and four hundred sixty-four of this chapter and such other sections of law as the school authorities designate by resolution to be included in the total assessed valuation. On or before the first day of October in each year, the district superintendent shall transmit to the commissioner of education and to the state board, in the form prescribed by it, a statement for the current fiscal year showing the taxable assessed valuation of real property of each city and town within the school district, the assessed valuation of such real property upon which the school tax has actually been levied, the state equalization rate or special equalization rate used to determine the apportionment of taxes, the full valuation of real property of each part of a city or town included in such school district, and a list of the partial exemptions which the school authorities have by resolution adopted pursuant to this section, elected to include in the taxable assessed valuation of real property. (b) The state equalization rate to be furnished by the state board shall be the rate established by the board for the assessment roll on which school taxes are to be levied. When no state equalization rate has been established for such roll, the rate to be furnished shall be the rate established for the assessment roll immediately preceding the roll on which taxes are to be levied provided, however, that where a special equalization rate has been determined as provided in subdivision two of this section, that special equalization rate shall be furnished to the district superintendent for the purpose of equalization pursuant to this section. In all cases in any given school district the state equalization rates or special equalization rates to be furnished by the state board for the apportionment of taxes shall have the same full value standard. Such district superintendent shall also determine what proportion of any tax to be levied in such school district for school purposes during the current school year shall be levied upon each part of a city or town included in such school district by dividing the sum of the full valuation of real property in such part of a city or town by the total of all such full valuations of real property in such school district. Such proportions shall be expressed in the nearest exact ten thousandths and the school authorities of such school district shall levy such a proportion of any tax to be raised in the school district during the current school year upon each part of a city or town included in such school district as shall have been determined by the district superintendent. A new proportion shall be determined for each school year thereafter by the district superintendent in accordance with the provisions of this section by the use of the latest state equalization rates. In any such school district that is not within the jurisdiction of a district superintendent of schools, the duties which would otherwise be performed by the district superintendent under the provisions of this section, shall be performed by the school authorities of such district. § 4. Paragraph (a) of subdivision 3 of section 1314 of the real property tax law, as added by chapter 280 of the laws of 1985, is amended to read as follows: (a) Upon his own motion or, prior to the [expiration of the fiscal year statutory date for the levý of school district taxes on the next subsequent assessment roll, at the request of a person liable to pay taxes upon real property in the school district, a district superintendent who failed to use one or more state equalization rates furnished pursuant to this section, or who made a mathematical error in determining full value or in apportioning the tax on the basis of full value, shall redetermine the full valuation of the real property of each part of a city or town within the school district and the proportion of the tax which should have been levied in each city or town or part thereof based upon the corrected full valuation. If such redetermination cannot be made prior to the extension of taxes for that year, the district superintendent shall cause the school district tax levy for the following year to be adjusted to account for the improper apportionment which resulted from his error, upon notice to the state board and the commissioner of education; provided, however, that the school authorities by resolution may elect to adjust the tax levy in the current year notwithstanding a redetermination of full valuation after the extension of taxes for the current year. § 5. Subdivision 1 of section 1315 of the real property tax law, as added by chapter 666 of the laws of 1988, is amended to read as follows: 1. Notwithstanding the provisions of section thirteen hundred fourteen of this article, a school district located in more than one city or town, [each] a majority of which has been certified by the state board as having completed a revaluation or update, as defined by subdivisions twelve-a and twenty-two of section one hundred two of this chapter, may provide by annual resolution adopted no later than ninety 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 [proportion to the taxable assessed value of real property in such city, town, or part thereof, subject to the limitations] accordance with the provisions set forth in this section. A copy of such resolution shall be filed with the state board within five days after its adoption. § 6. Subdivisions 2, 3, 4 and 5 of section 1315 of the real property tax law are repealed and two new subdivisions 2 and 3 are added to read as follows: 2. Upon receipt of the annual resolution adopted pursuant to subdivision one of this section, the state board shall determine whether the school district shall be certified. Certification shall be based upon a determination by the board that a revaluation has been completed in the same year, at the same uniform percentage of value, by a majority of the cities and towns partly or wholly within the school district and that the results of that revaluation have been entered on assessment rolls each of which have the same valuation date which is more current than the full value standard of the equalization rates furnished by the state board pursuant to section thirteen hundred fourteen of this article. In making its determination, the state board may rely on the evidence and information available in its offices, or that obtained from the assessors or other local assessment officials, from physical inspections of parcels in each city and town, or from any other method that it deems appropriate. (a) Where it is determined that the criteria for certification are satisfied, the state board shall notify the school authorities of such determination no later than fifteen days prior to the last day provided by law for the levy of taxes. The state board shall identify to the school district the cities and towns deemed to have completed a revaluation in the same year where the results of that revaluation have been entered on assessment rolls each of which have the same valuation date which is more current than the full value standard of the equalization rates furnished by the state board pursuant to section thirteen hundred fourteen of this article and which continue to use the same uniform percentage of value. (b) Where it is determined that the criteria for certification are not satisfied, the state board shall notify the school authorities of such determination no later than fifteen days prior to the last day provided by law for the levy of taxes. Thereafter, school district taxes shall be apportioned and levied as provided by section thirteen hundred fourteen of this article. 3. A certified school district shall apportion its tax levy as follows: (a) The district superintendent shall determine the amount of school tax to be raised from each city and town in the district in accordance with the provisions set forth in section thirteen hundred fourteen of this article. (b) For the cities and towns which the state board has identified as provided by paragraph (a) of subdivision two of this section, the amount of school tax to be raised in aggregate from each part of such city or town is the sum of the amounts determined for each such city and town in accordance with paragraph (a) of this subdivision* This aggregate amount of school tax shall be apportioned to each such city or town in proportion to the taxable assessed valuation of real property in such city or town. Taxable assessed valuation means taxable assessed valuation as defined in section thirteen hundred fourteen of this article. § 7. This act shall take effect immediately and shall apply to taxes levied for school district fiscal years commencing on the first day of July, 1992 and for the county fiscal years commencing on January 1, 1993. So in original. (Period inadvertently omitted.) EXPLANATION-Matter in italics is new; matter in brackets [ ] is old law CHAPTER 538 AN ACT to amend the family court act, in relation to the placement of a child in child protective proceedings Became a law July 24, 1992, with the approval of the Governor. The People of the State of New York, represented in Senate and Assembly, do enact as follows: Section 1. Paragraph (i) of subdivision (b) of section 1052 of the family court act, as amended by chapter 198 of the laws of 1991, is amended to read as follows: (i) The order of the court shall state the grounds for any disposition made under this section. If the court places the child in accord with section one thousand fifty-five of this part, the court in its order shall determine: (A) whether continuation in the child's home would be contrary to the best interests of the child and where appropriate, that reasonable efforts were made prior to the date of the dispositional hearing held pursuant to this article to prevent or eliminate the need for removal of the child from his or her home and if the child was removed from the home prior to the date of such hearing, that such removal was in the child's best interests and, where appropriate, reasonable efforts were made to make it possible for the child to return home. If the court determines that reasonable efforts to prevent or eliminate the need for removal of the child from the home were not made but that the lack of such efforts was appropriate under the circumstances, the court order shall include such a finding; and (B) if the child has attained the age of sixteen, the services needed, if any, to assist the child to make the transition from foster care to independent living. Where the court finds that the local department of social services has not made reasonable efforts to prevent or eliminate the need for placement, and that such efforts would be appropriate, it shall direct the local department of social services to make such efforts pursuant to section one thousand fifteen-a of this article, and shall adjourn the hearing for a reasonable period of time for such purpose when the court determines that additional time is necessary and appropriate to make such efforts. § 2. Paragraph (iii) of subdivision (b) of section 1055 of the family court act, as amended by chapter 117 of the laws of 1982, is amended read as follows: to (iii) Notice of the hearing and a copy of the petition and any supporting affidavits or reports shall be served by the petitioner upon the person, agency or institution with whom the child was placed, upon the agency supervising the care of the child on behalf of the agency with whom the child was placed, upon the child's parent or other person responsible for the child's care, upon the foster parent or parents in whose home the child resides at the time of the filing of the petition for extension of placement and upon the child or the child's law guardian at the time of the original placement, each of whom shall be a party entitled to participate in the proceeding. [Service] Except as provided for herein, such service of notice of the hearing shall be made in such manner and on such notice as the court may, in its discretion, prescribe. Unless otherwise directed by the court, service upon the child's parent or other person responsible for the child's care shall be made by mail to such person's last known residence at least eight days before the time stated in the notice for the appearance in court. Such hearing may not be commenced without proof satisfactory to the court that such person had actual notice of the hearing. In any case where such proof of actual notice is not before the court, the court shall direct that service be made pursuant to the provisions of section three hundred eight of the civil practice law and rules. § 3. Paragraphs (iv), (v) and (vi) of subdivision (b) of section 1055 of the family court act are renumbered paragraphs (v), (vi) and (vii) and a new paragraph (iv) is added to read as follows: (iv) (A) At such hearing the court shall determine: whether the conditions and circumstances giving rise to the order of placement, or extension thereof, have changed since the such order or last extension thereof; and issuance of 1 2. whether the child services plan prepared in accordance with section four hundred nine-e of the social services law requires review, adjustment or modification and, if so, the court may adjust or modify such plan and may issue appropriate orders pursuant to section one thousand fifteen-a of this chapter; and 3. the extent to which such plan has been complied with by the respondent and the supervising agency during the term of the order of placement or extension thereof. (B) in determining whether an extension of placement is consistent with the best interests of the child, the court shall consider: 1. whether an extension is consistent with the permanency goal established for the child in the child services plan as approved, adjusted or modified by the court; and 2. whether the child would be at risk of abuse or neglect if returned to the parent or other person legally responsible for the child's care; and 3. any other factors which the court deems appropriate. The court shall state its findings thereon in writing. A copy of the court's decision and the child services plan shall be given to the respondent. § 4. This act shall take effect on the first day of September next succeeding the date on which it shall have become a law. CHAPTER 539 AN ACT authorizing the county of Niagara to discontinue the use of certain lands therein presently held for park purposes, sell the same at private sale and convey such lands to the purchaser thereof Became a law July 24, 1992, with the approval of the Governor. Passed on Home Rule request pursuant to Article IX, section 2(b) (2) of the Constitution by a majority vote, three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows: Section 1. Notwithstanding any inconsistent general, special or local law to the contrary, the county of Niagara is hereby authorized to discontinue as park lands the lands hereinafter described in section_two of this act and sell the same at private sale to the Olcott Fire Company, Inc., such lands being no longer needed for said purposes and it being in the best interests of the county of Niagara to discontinue said use. The county of Niagara is further authorized to execute and deliver a deed of conveyance of valid title in fee simple of such lands for consideration in a sum equal to the fair market value of such lands. The net proceeds derived from the sale of such land shall be used by the county of Niagara for the purchase of additional park lands and/or the improvement of the capital facilities at existing parks. The conveyance of such lands to the Olcott Fire Company, Inc. for the construction and expansion of its facilities shall be deemed to be a public purpose. § 2. The lands referred to in section one of this act are located, bounded and described as follows: ALL THAT TRACT OR PARCEL OF LAND, situate in the Town of Newfane, County of Niagara and State of New York, being part of Lot 10, Township 15, Range 7 of the Holland Land Purchase (so called) and more particularly bounded and described as follows: Beginning at the southwest corner of lands described as Parcel 1 in a deed from the Estate of Charles J. Lawton to the County of Niagara recorded in the Niagara County Clerk's Office in Liber 1468 at Page 332; Running thence north along the west line of the said lands a distance of 66.68 more or less to a point, said point being a distance of 50 south of the most westerly northeast corner of lands conveyed by Howard S. EXPLANATION-Matter in italics is new; matter in brackets [ ] is old law Truesdell to Willis F. Raetz and Genevieve F. Raetz by a deed recorded in the Niagara County Clerk's Office in Liber 2068 of Deeds at Page 345; Running thence east parallel to the north line of said Lot 10 a distance of 551.70' more or less to a point on the east line of lands referred to above from the Estate of Charles J. Lawton to the County of Niagara; Running thence south along the said east line a distance of 66.68' more or less to a point, said point being the most easterly northeast corner of the said Raetz lands as described above; Running thence west along the division line between the above two referenced deeds and parallel to the north line of said Lot 10 a distance of 551.70' more or less to the point of beginning. Containing .84 of an acre, more or less. § 3. This act shall take effect immediately. CHAPTER 540 AN ACT to amend the real property tax law, in relation to oil and gas charges and to repeal certain provisions of such law relating thereto and to provide for the repeal of certain provisions upon expiration thereof The Became a law July 24, 1992, with the approval of the Governor. People of the State of New York, represented in Senate and Assembly, do enact as follows: Section 1. Section 593 of the real property tax law is repealed and a new section 593 is added to read as follows: § 593. Oil and gas charges. 1. Each year the state division shall charge producers for the establishment of unit of production values. The amount of such charge to each producer shall be determined according to the following schedules, provided, however, that in no case shall charge be made against any tax exempt organization. Schedule A a 2. 1 999 25 The production used to determine such charge shall be the latest production reported by the producer to the department of environmental conservation immediately preceding the date on which the department is required to furnish the governor with estimates and information pursuant to section one of article seven of the constitution. The charge shall constitute a lien upon all real property used in production during the production year and may be enforced by appropriate administrative and judicial proceedings commenced by counsel to the state division. |