senate Bill S5597B

Relates to exemptions available to veterans

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 06 / Jun / 2011
    • REFERRED TO VETERANS, HOMELAND SECURITY AND MILITARY AFFAIRS
  • 04 / Jan / 2012
    • REFERRED TO VETERANS, HOMELAND SECURITY AND MILITARY AFFAIRS
  • 27 / Jan / 2012
    • AMEND AND RECOMMIT TO VETERANS, HOMELAND SECURITY AND MILITARY AFFAIRS
  • 27 / Jan / 2012
    • PRINT NUMBER 5597A
  • 19 / Apr / 2012
    • AMEND AND RECOMMIT TO VETERANS, HOMELAND SECURITY AND MILITARY AFFAIRS
  • 19 / Apr / 2012
    • PRINT NUMBER 5597B
  • 06 / Jun / 2012
    • REPORTED AND COMMITTED TO FINANCE

Summary

Relates to exemptions available to veterans.

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Bill Details

See Assembly Version of this Bill:
A8186B
Versions:
S5597
S5597A
S5597B
Legislative Cycle:
2011-2012
Current Committee:
Senate Finance
Law Section:
Real Property Tax Law
Laws Affected:
Amd ยงยง458-a & 458-b, RPT L

Votes

12
0
12
Aye
0
Nay
1
aye with reservations
0
absent
0
excused
1
abstained
show Veterans, Homeland Security and Military Affairs committee vote details

Sponsor Memo

BILL NUMBER:S5597B

TITLE OF BILL:

An act
to amend the real property tax law, in relation to exemptions available
to veterans

PURPOSE OR GENERAL IDEA OF BILL:

Creates an additional local option to increase the maximum exemptions
allowed under the alternative veteran's exemption and the exemption
for Cold War veterans.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1. Amends subparagraph (ii) of paragraph (d) of Subdivision 2
of section 458-a of the Real Property Tax Law, as amended by Chapter
256 of the Laws of 2005 and as further amended by Section 1 of Part W
of Chapter 56 of the Laws of 2010 to create new categories of higher
exemptions available under the alternative
veteran's exemption. These are: $39,000, $26,000, and $130,000;
$42,000, $28,000, and $140,000; and $45,000, $30,000 and $150,000.
Under the "high-appreciation municipality" section of the legislation
new categories of higher exemption available to municipalities are
also increased. These are: $57,000, $38,000, and $190,000; $60,000,
$40,000 and $200,000; $63,000, $42,000 and $210,000; $66,000, $44,000
and $220,000; $69,000, $46,000 and $230,000; $72,000, $48,000 and
$240,000; and $75,000, $50,000 and $250,000.

Section 2. Amends subparagraph (iii) of paragraph (c) of subdivision 2
of Section 458-b of the Real Property Tax Law, as amended by Chapter
235 of the Laws of 2009 and as further amended by Section 1 of Part W
of Chapter 56 of the Laws of 2010 to create new categories of higher
exemptions available to municipalities under the Cold War veteran's
exemption. These are: $39,000, $26,000, and $130,000; $42,000,
$28,000, and $140,000; and $45,000, $30,000 and $150,000. Under the
"high appreciation municipality" section of the legislation new
categories of higher exemption available to municipalities are also
increased. These are: $57,000, $38,000, and $190,000; $60,000,
$40,000 and $200,000; $63,000, $42,000 and $210,000; $66,000, $44,000
and $220,000; $69,000, $46,000 and $230,000; $72,000, $48,000 and
$240,000; and $75,000, $50,000 and $250,000.

JUSTIFICATION:

Chapter 477 of the Laws of 1996 amended the alternative veteran's
exemption to permit higher municipal caps on the exemption. At the
same time, however, the equalization factor, used to assure
inter-jurisdictional equity was restored. In some localities, the
required use of the equalization rates resulted in lower

exemptions even where the highest authorization cap were newly
implemented.
Chapter 417 of the Laws of 1997 corrected the unintended consequences
of Chapter 477, while maintaining local control of the administration
of the veteran's alternative exemption. It also created three new
higher exemptions that a municipality could adopt and established a
special set of exemptions for the City of New York that allowed for
even higher exemption limits.

With the dramatic rise in the value of real property over the years,
veterans in several municipalities strongly voiced their
dissatisfaction with the administration of the veteran's exemption -
clearly stating, at that time, that the benefit had been diminished
to such a level that it no longer provides adequate compensation. As
such, these exemptions were increased by Chapter 256 of the Laws of
2005. As real property values continue to rise, municipalities should
be afforded the opportunity to elect to increase the maximum
exemptions allowed under the alternative veteran's exemption and the
exemption for Cold War veterans to restore its original intent to
provide a viable means by which to help war-time veterans maintain
home ownership.

PRIOR LEGISLATIVE HISTORY:

New Legislation.

FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None to the State. Localities which opt to enact local laws permitting
the increases would shift the tax burden to the remaining tax base.

EFFECTIVE DATE:

This act shall take effect January 2, 2013; provided that sections one
and two of this act shall apply to assessment rolls based on taxable
status date occurring on or after such date.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

    S. 5597--B                                            A. 8186--B

                       2011-2012 Regular Sessions

                      S E N A T E - A S S E M B L Y

                              June 6, 2011
                               ___________

IN SENATE -- Introduced by Sen. LAVALLE -- read twice and ordered print-
  ed,  and  when  printed  to be committed to the Committee on Veterans,
  Homeland Security and Military Affairs -- recommitted to the Committee
  on Veterans, Homeland Security and Military Affairs in accordance with
  Senate Rule 6, sec. 8 -- committee discharged, bill  amended,  ordered
  reprinted  as  amended  and recommitted to said committee -- committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

IN ASSEMBLY -- Introduced by M. of A. THIELE, LOSQUADRO -- read once and
  referred to the Committee on Veterans' Affairs -- recommitted  to  the
  Committee  on  Veterans'  Affairs  in accordance with Assembly Rule 3,
  sec. 2 -- committee discharged, bill  amended,  ordered  reprinted  as
  amended  and recommitted to said committee -- again reported from said
  committee with amendments, ordered reprinted as amended and  recommit-
  ted to said committee

AN  ACT  to  amend  the real property tax law, in relation to exemptions
  available to veterans

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Subparagraph  (ii)  of  paragraph (d) of subdivision 2 of
section 458-a of the real property tax law, as amended by chapter 256 of
the laws of 2005 and as further amended by section 1 of part W of  chap-
ter 56 of the laws of 2010, is amended to read as follows:
  (ii)  Each  county,  city,  town  or  village may adopt a local law to
reduce the maximum exemption allowable in paragraphs (a), (b) and (c) of
this subdivision to nine thousand  dollars,  six  thousand  dollars  and
thirty  thousand  dollars,  respectively,  or six thousand dollars, four
thousand dollars and twenty thousand dollars, respectively. Each county,
city, town, or village is also  authorized  to  adopt  a  local  law  to
increase  the maximum exemption allowable in paragraphs (a), (b) and (c)

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11899-03-2

S. 5597--B                          2                         A. 8186--B

of this subdivision to fifteen thousand dollars,  ten  thousand  dollars
and  fifty  thousand  dollars,  respectively; eighteen thousand dollars,
twelve thousand dollars and sixty thousand dollars, respectively;  twen-
ty-one thousand dollars, fourteen thousand dollars, and seventy thousand
dollars,  respectively;  twenty-four  thousand dollars, sixteen thousand
dollars, and eighty thousand dollars, respectively;  twenty-seven  thou-
sand  dollars,  eighteen  thousand dollars, and ninety thousand dollars,
respectively; thirty thousand dollars, twenty thousand dollars, and  one
hundred  thousand  dollars, respectively; thirty-three thousand dollars,
twenty-two thousand dollars,  and  one  hundred  ten  thousand  dollars,
respectively; thirty-six thousand dollars, twenty-four thousand dollars,
and one hundred twenty thousand dollars, respectively; THIRTY-NINE THOU-
SAND  DOLLARS, TWENTY-SIX THOUSAND DOLLARS, AND ONE HUNDRED THIRTY THOU-
SAND DOLLARS, RESPECTIVELY,  FORTY-TWO  THOUSAND  DOLLARS,  TWENTY-EIGHT
THOUSAND  DOLLARS, AND ONE HUNDRED FORTY THOUSAND DOLLARS, RESPECTIVELY;
AND FORTY-FIVE THOUSAND DOLLARS, THIRTY THOUSAND DOLLARS AND ONE HUNDRED
FIFTY THOUSAND DOLLARS, RESPECTIVELY. In addition, a county, city,  town
or  village  which  is  a "high-appreciation municipality" as defined in
this subparagraph is authorized to adopt a local  law  to  increase  the
maximum  exemption  allowable  in  paragraphs  (a),  (b) and (c) of this
subdivision  to  thirty-nine  thousand  dollars,   twenty-six   thousand
dollars,  and  one hundred thirty thousand dollars, respectively; forty-
two thousand dollars, twenty-eight thousand  dollars,  and  one  hundred
forty thousand dollars, respectively; forty-five thousand dollars, thir-
ty  thousand dollars and one hundred fifty thousand dollars, respective-
ly; forty-eight thousand dollars, thirty-two thousand  dollars  and  one
hundred   sixty   thousand  dollars,  respectively;  fifty-one  thousand
dollars, thirty-four thousand dollars and one hundred  seventy  thousand
dollars,  respectively; fifty-four thousand dollars, thirty-six thousand
dollars  and  one  hundred  eighty   thousand   dollars,   respectively;
FIFTY-SEVEN  THOUSAND  DOLLARS,  THIRTY-EIGHT  THOUSAND  DOLLARS AND ONE
HUNDRED NINETY THOUSAND DOLLARS, RESPECTIVELY; SIXTY  THOUSAND  DOLLARS,
FORTY  THOUSAND  DOLLARS AND TWO HUNDRED THOUSAND DOLLARS, RESPECTIVELY;
SIXTY-THREE THOUSAND DOLLARS, FORTY-TWO THOUSAND DOLLARS AND TWO HUNDRED
TEN  THOUSAND  DOLLARS,  RESPECTIVELY;   SIXTY-SIX   THOUSAND   DOLLARS,
FORTY-FOUR  THOUSAND  DOLLARS  AND  TWO HUNDRED TWENTY THOUSAND DOLLARS,
RESPECTIVELY; SIXTY-NINE THOUSAND DOLLARS,  FORTY-SIX  THOUSAND  DOLLARS
AND TWO HUNDRED THIRTY THOUSAND DOLLARS, RESPECTIVELY; SEVENTY-TWO THOU-
SAND  DOLLARS,  FORTY-EIGHT THOUSAND DOLLARS AND TWO HUNDRED FORTY THOU-
SAND DOLLARS, RESPECTIVELY; SEVENTY-FIVE THOUSAND DOLLARS,  FIFTY  THOU-
SAND  DOLLARS AND TWO HUNDRED FIFTY THOUSAND DOLLARS, RESPECTIVELY.  For
purposes of this subparagraph, a "high-appreciation municipality" means:
(A) a special assessing unit that is a city, (B) a county for which  the
commissioner  has  established  a  sales  price  differential factor for
purposes of the STAR exemption authorized by section four hundred  twen-
ty-five  of  this title in three consecutive years, and (C) a city, town
or village which is wholly or partly located within such a county.
  S 2. Subparagraph (iii) of paragraph (c) of subdivision 2  of  section
458-b  of  the  real  property tax law, as amended by chapter 235 of the
laws of 2009 and as further amended by section 1 of part W of chapter 56
of the laws of 2010, is amended to read as follows:
  (iii) The exemption provided by  paragraph  (a)  of  this  subdivision
shall be granted for a period of ten years. The commencement of such ten
year  period  shall  be  governed pursuant to this subparagraph. Where a
qualified owner owns qualifying residential real property on the  effec-
tive  date  of the local law providing for such exemption, such ten year

S. 5597--B                          3                         A. 8186--B

period shall be measured from the assessment roll prepared  pursuant  to
the  first  taxable status date occurring on or after the effective date
of the local law providing for such exemption. Where a  qualified  owner
does  not own qualifying residential real property on the effective date
of the local law providing for such  exemption,  such  ten  year  period
shall  be  measured  from  the  assessment roll prepared pursuant to the
first taxable status date occurring at least sixty days after  the  date
of  purchase of qualifying residential real property; provided, however,
that should the veteran apply for and be granted  an  exemption  on  the
assessment  roll  prepared  pursuant  to a taxable status date occurring
within sixty days after the date of purchase of residential real proper-
ty, such ten year period shall be measured  from  the  first  assessment
roll  in  which  the exemption occurs. If, before the expiration of such
ten year period, such exempt property is sold and  replaced  with  other
residential  real  property,  such  exemption may be granted pursuant to
this subdivision for the unexpired portion of  the  ten  year  exemption
period.  Each  county,  city,  town  or village may adopt a local law to
reduce the maximum exemption allowable in paragraphs (a) and (b) of this
subdivision to six thousand dollars, nine thousand  dollars  and  thirty
thousand  dollars,  respectively, or four thousand dollars, six thousand
dollars and twenty thousand dollars, respectively.  Each  county,  city,
town, or village is also authorized to adopt a local law to increase the
maximum  exemption  allowable in paragraphs (a) and (b) of this subdivi-
sion to ten thousand dollars, fifteen thousand dollars and  fifty  thou-
sand  dollars,  respectively; twelve thousand dollars, eighteen thousand
dollars and sixty  thousand  dollars,  respectively;  fourteen  thousand
dollars,  twenty-one  thousand  dollars  and  seventy  thousand dollars,
respectively; sixteen thousand dollars, twenty-four thousand dollars and
eighty thousand dollars, respectively; eighteen thousand dollars,  twen-
ty-seven  thousand  dollars  and  ninety thousand dollars, respectively;
twenty thousand dollars, thirty thousand dollars and one  hundred  thou-
sand  dollars,  respectively;  twenty-two thousand dollars, thirty-three
thousand dollars and one hundred  ten  thousand  dollars,  respectively;
twenty-four  thousand  dollars,  thirty-six  thousand  dollars  and  one
hundred twenty  thousand  dollars,  respectively;  THIRTY-NINE  THOUSAND
DOLLARS,  TWENTY-SIX  THOUSAND  DOLLARS, AND ONE HUNDRED THIRTY THOUSAND
DOLLARS, RESPECTIVELY; FORTY-TWO THOUSAND DOLLARS, TWENTY-EIGHT THOUSAND
DOLLARS, AND ONE  HUNDRED  FORTY  THOUSAND  DOLLARS,  RESPECTIVELY;  AND
FORTY-FIVE  THOUSAND  DOLLARS,  THIRTY  THOUSAND DOLLARS AND ONE HUNDRED
FIFTY THOUSAND DOLLARS, RESPECTIVELY. In addition, a county, city,  town
or  village  which  is  a "high-appreciation municipality" as defined in
this subparagraph is authorized to adopt a local  law  to  increase  the
maximum  exemption  allowable in paragraphs (a) and (b) of this subdivi-
sion to twenty-six thousand dollars, thirty-nine  thousand  dollars  and
one hundred thirty thousand dollars, respectively; twenty-eight thousand
dollars,  forty-two  thousand  dollars  and  one  hundred forty thousand
dollars, respectively;  thirty  thousand  dollars,  forty-five  thousand
dollars and one hundred fifty thousand dollars, respectively; thirty-two
thousand  dollars,  forty-eight  thousand  dollars and one hundred sixty
thousand dollars, respectively; thirty-four thousand dollars,  fifty-one
thousand dollars and one hundred seventy thousand dollars, respectively;
thirty-six thousand dollars, fifty-four thousand dollars and one hundred
eighty  thousand  dollars,  respectively;  FIFTY-SEVEN THOUSAND DOLLARS,
THIRTY-EIGHT THOUSAND DOLLARS AND ONE HUNDRED NINETY  THOUSAND  DOLLARS,
RESPECTIVELY;  SIXTY  THOUSAND  DOLLARS,  FORTY THOUSAND DOLLARS AND TWO
HUNDRED THOUSAND DOLLARS, RESPECTIVELY;  SIXTY-THREE  THOUSAND  DOLLARS,

S. 5597--B                          4                         A. 8186--B

FORTY-TWO THOUSAND DOLLARS AND TWO HUNDRED TEN THOUSAND DOLLARS, RESPEC-
TIVELY;  SIXTY-SIX THOUSAND DOLLARS, FORTY-FOUR THOUSAND DOLLARS AND TWO
HUNDRED  TWENTY  THOUSAND  DOLLARS,  RESPECTIVELY;  SIXTY-NINE  THOUSAND
DOLLARS,  FORTY-SIX  THOUSAND  DOLLARS  AND  TWO HUNDRED THIRTY THOUSAND
DOLLARS, RESPECTIVELY; SEVENTY-TWO THOUSAND DOLLARS,  FORTY-EIGHT  THOU-
SAND  DOLLARS  AND  TWO  HUNDRED  FORTY  THOUSAND DOLLARS, RESPECTIVELY;
SEVENTY-FIVE THOUSAND DOLLARS, FIFTY THOUSAND DOLLARS  AND  TWO  HUNDRED
FIFTY  THOUSAND  DOLLARS,  RESPECTIVELY.   For purposes of this subpara-
graph, a "high-appreciation municipality" means: (A) a special assessing
unit that is a city, (B) a county for which the commissioner has  estab-
lished  a  sales  price  differential  factor  for  purposes of the STAR
exemption authorized by section four hundred twenty-five of  this  title
in  three  consecutive  years,  and (C) a city, town or village which is
wholly or partly located within such a county.
  S 3. This act  shall  take  effect  January  2,  2013;  provided  that
sections  one  and two of this act shall apply to assessment rolls based
on taxable status date occurring on or after such date.

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