Press Release Archives - 579-96 Signs Two Pieces of Legislation

Archives of the Mayor's Press Office

FOR IMMEDIATE RELEASE
Date: November 12, 1996

Release #579-96

Contact: Colleen Roche (212) 788-2958 or Dwight Williams (212) 788-2972

MAYOR GIULIANI SIGNS TWO PIECES OF LEGISLATION

Remarks by Mayor Rudolph W. Giuliani at Public Hearing on Local Laws

There are two bills before me for consideration this morning.

Bill 1. Extension of the Special Accident Response District Pilot Program

The first bill before me, Introductory number 852-A, was introduced at my request by Council Members Koslowitz and Rivera. This bill amends Local Law 112 of 1993, as amended by Local Law 79 of 1995, in relation to the towing of vehicles and the removal of accident vehicles.

Local Law 112 made two major changes in the City's Directed Accident Response District (DARP) program. These changes were meant to close unintended loopholes in the DARP program, which prevented it from completely eliminating the unsafe practice of "chasing" to accident scenes by tow truck companies that illegally monitored the police radio frequency to learn of accident locations. It was also meant to ensure the prompt and safe removal of disabled vehicles from accident scenes.

One modification barred consumers from calling their own tow truck to accidents. Another modification authorized the creation of Special Accident Response Districts (SARD) in up to seven precincts around the City. Only one designated tow company would be authorized to remove disabled vehicles from accident scenes during specified time periods.

These modifications were enacted as pilot projects designed to measure whether they would enhance the capability of law enforcement agencies to prevent chasing and regulate tow companies that respond to accidents. These programs were initially scheduled to sunset after an eighteen month trial period that terminated on October 28, 1995. The sunset date was subsequently extended to October 28, 1996 by Local Law 79 of 1995.

This Local Law will extend the SARD pilot program as well as the prohibition on "calling your own tow" to an accident scene when the vehicle is disabled, for an additional six month period. Both pilot programs will terminate on April 28, 1997.

During this six month period, my administration will work closely with the City Council and the towing industry to craft a comprehensive bill that will ensure the long term implementation of these valuable and necessary public safety initiatives.

This bill will become effective immediately and is retroactive to October 28, 1996.

I will first turn to the sponsors of this bill and to any other elected official wishing to speak.

Now I will turn to the general audience.

Is there anyone who wishes to heard in opposition to this bill?

Is there anyone who wishes to be heard in support?

There being no one else to be heard, and for the reasons previously stated, I will now sign the bill.

Bill 2. Modifying the Procedures for Reviewing Assessments of Real Property for Tax Purposes

The second bill before me, Introductory Number 839, was introduced at my request by Council Members Berman and Wooten. This bill would amend the administrative code of the City of New York in relation to procedures for reviewing assessments of real property for tax purposes and to repeal subdivision c of section 164-a of the New York City Charter in relation to the period within which the tax commission may remit or reduce a tax.

Under current law, the Tax Commission is authorized to review up to two annual assessments on the same parcel of real property; the current year's assessment and one prior year's assessment in a single tax year. The Commission corrects an assessment for a previous fiscal year only when the taxpayer has applied for a correction of the current year's assessment. As a matter of practice, a taxpayer who applies for an assessment correction in a single tax year and does not receive relief from the Tax Commission will initiate legal proceedings in Supreme Court. When this same taxpayer applies for an assessment correction in the following tax year, the Tax Commission can review both assessments and make a two-year offer. The ability to make two-year offers has been a useful tool for obtaining resolution of outstanding litigation.

However, although the present law allows current year assessments to be reviewed throughout the year, it includes artificial time frames for the review of prior year assessments. The tentative assessment roll is released on January 15th and the period for filing an application with the Tax Commission for an assessment correction ends on March 1st. For properties assessed at less than $750,000, the Tax Commission must complete its review and obtain the taxpayer's acceptance of the offer by June 30th. For properties valued at over $750,000 the Commission must complete this process by September 1st. Due to the large number of appeals the Commission receives (in excess of 50,000 each year) the ability to review prior year assessments within the statutory time frames is difficult.

Introductory Number 839 will alleviate this problem by repealing those sections of law that include the artificial time frames. As a result, this legislation will enhance the effectiveness and level of service provided by the Tax Commission. In addition, I am confident that the bill will facilitate the resolution of assessment disputes at the administrative level, allowing taxpayers and the City to avoid costly litigation.

I will turn first to the bill's sponsors; next to any elected official wishing to speak.

I will now turn to the general audience.

Is there anyone wishing to be heard in support of this legislation?

Is there anyone wishing to be heard in opposition?

There being none, and for reasons previously stated, I will now sign the bill.