Section 318. Certification of assessors  


Latest version.
  • 1. Any person appointed or elected
      to the office of assessor shall be certified by the state board pursuant
      to this section within a minimum of one year  and  a  maximum  of  three
      years  after he or she commences his or her term of office, unless he or
      she has been previously certified by the state  board  and  his  or  her
      certification  has  not  expired.  The period within which each assessor
      must become certified shall be established by the state  board  by  rule
      based  upon one or more general characteristics of the assessing unit or
      units in which the assessor serves, including, but not  limited  to  (a)
      number  of  parcels;  (b)  classification  of  parcels  by  use; and (c)
      complexity of real property. At least  once  during  each  twelve  month
      period  preceding  the  date by which the state board requires permanent
      certification pursuant to this section, each  assessor  must  obtain  an
      interim  certification  from the state board. Such interim certification
      shall   evidence   satisfactory   progress   in   obtaining    permanent
      certification  by successful completion of one or more components of the
      required  training.  The  state  board  shall  transmit   such   interim
      certificate  to  the  assessor and to the appropriate city or town clerk
      for filing.
        2. An assessor shall be certified upon successful  completion  of  the
      basic  course  of training and such examinations as may be prescribed by
      the state board. The basic course of training shall be prescribed by the
      state board in accordance with the  classification  of  assessing  units
      established  by  the  state  board  pursuant  to subdivision one of this
      section.
        3. (a) An assessor or assessor-elect may be  certified  by  the  state
      board  if  such  person  satisfies  the  minimum qualification standards
      established by the state board for  appointed  assessors  and  passes  a
      comprehensive  examination conducted by the state board. The state board
      shall annually conduct examinations for such purpose. Examinations shall
      be of such character as to fairly test and determine  knowledge,  skills
      and  abilities  necessary to perform the duties of assessor with respect
      to appraisal and  assessment  procedures,  applicable  laws,  rules  and
      regulations and the size and complexity of assessing units.
        (b)  The  state board may, in its discretion, waive any of the courses
      of  training  or  may  certify  without  examination  any  assessor   or
      assessor-elect, provided that such person is:
        (i)  a  member  of the institute of assessing officers of the New York
      state assessor's association or is a member of the American institute of
      real estate appraisers; or
        (ii) designated as a senior real property appraiser by the society  of
      real estate appraisers; or
        (iii)  designated  a  certified  assessment evaluator or an accredited
      assessment evaluator  by  the  international  association  of  assessing
      officers.
        4.  Notwithstanding  the  provisions  of this subdivision or any other
      law, the travel and other actual and necessary expenses incurred  by  an
      appointed  or  elected  assessor,  or  by an assessor-elect prior to the
      commencement of  his  term,  in  satisfactorily  completing  courses  of
      training  as  required  by this title or as approved by the state board,
      including continuing education courses prescribed  by  the  state  board
      which  are  satisfactorily completed by any elected assessor, shall be a
      state charge upon audit by the comptroller. Travel and other actual  and
      necessary   expenses  incurred  by  an  acting  assessor  who  has  been
      exercising the powers and duties of the assessor  for  a  period  of  at
      least  six  months, in attending training courses no earlier than twelve
      months prior to the date when courses  of  training  and  education  are
      required,  shall  also  be a state charge upon audit by the comptroller.
    
      Candidates for certification as eligible for the position  of  assessor,
      other  than  assessors or assessors-elect, shall be charged for the cost
      of training materials and shall  be  responsible  for  all  other  costs
      incurred by them in connection with such training.
        5.  Notwithstanding the provisions of sections three hundred eight and
      three hundred  thirty-four  of  this  title,  a  village  assessor,  who
      satisfies  the  minimum qualification standards established by the state
      board pursuant to subdivision four of section three hundred ten of  this
      title, may complete the basic course of training prescribed by the state
      board  pursuant  to  this  section.  Where such training is successfully
      completed, a village assessor shall be certified  as  provided  by  this
      section.
        6.  Whenever  an  individual  is  appointed  to  fill  a vacancy in an
      elective office of assessor, the state  board  shall  compute  any  time
      limitation  imposed  by  this title or any rule adopted pursuant to this
      title from the next January first following that appointment rather than
      from the date of that appointment.
        7. In a county which  has  the  power  to  assess  real  property  for
      purposes  of  taxation  with  one assessor appointed as provided in this
      title, the travel and other actual and necessary  expenses  incurred  by
      appraisal personnel employed in the office of such assessor in attending
      courses  of  training  as  required by this subdivision shall be a state
      charge upon audit by the comptroller.
        8. To the extent funds are appropriated, all payments pursuant to this
      section shall be made from the local assistance account.