senate Bill S3303

Amended

Increases the amount of the real property tax alternative exemption for veterans

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Sponsor

Bill Status


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

  • 31 / Jan / 2013
    • REFERRED TO VETERANS, HOMELAND SECURITY AND MILITARY AFFAIRS
  • 04 / Jun / 2013
    • REPORTED AND COMMITTED TO FINANCE
  • 08 / Jan / 2014
    • REFERRED TO VETERANS, HOMELAND SECURITY AND MILITARY AFFAIRS
  • 17 / Jan / 2014
    • AMEND AND RECOMMIT TO VETERANS, HOMELAND SECURITY AND MILITARY AFFAIRS
  • 17 / Jan / 2014
    • PRINT NUMBER 3303A

Summary

Increases the real property tax exemption for certain veterans using alternative exemption; exemption increased from $12,000 to $15,000; additional exemption for combat veterans increased from $8,000 to $10,000; increases disabled veteran exemption from $40,000 to $50,000.

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Bill Details

See Assembly Version of this Bill:
A4296
Versions:
S3303
S3303A
Legislative Cycle:
2013-2014
Current Committee:
Senate Veterans, Homeland Security And Military Affairs
Law Section:
Real Property Tax Law
Laws Affected:
Amd ยง458-a, RPT L
Versions Introduced in Previous Legislative Cycles:
2011-2012: S3214, A4556
2009-2010: S3275, A3928
2007-2008: A3501

Votes

Sponsor Memo

BILL NUMBER:S3303

TITLE OF BILL: An act to amend the real property tax law, in relation
to the veteran's alternative exemption

PURPOSE: This legislation would ensure veterans benefit from the
veterans' alternative exemption notwithstanding an increase in
property value.

SUMMARY OF PROVISIONS:

Section one of this measure amends paragraphs (a), (b), (c) and (d) of
section 458-a, subdivision 2 of the Real Property Tax law.

JUSTIFICATION: The "new" veterans' exemption, enacted by chapter 525
of the laws of 1984, provided wartime, combat zone and disabled
veterans with 15%, 10% and 50% of disability rating exemptions,
respectively. These exemptions are also subject to maximums of
$12,000, $8,000 and $40,000 respectively. A formula utilizing the
equalization rate ensures that veterans living in assessing units that
assess at different percentages of full value receive similar
exemptions. When enacted, the maximum value of a residence eligible
for a full exemption was $80,000. Veterans whose residences exceeded
this value saw the value of their exemption decline.

This bill accounts for the fact that property values have increased
significantly since 1984. Veterans should not see the value of their
exemptions diminish due to factors beyond their control, such as
escalating housing prices. This bill accounts for inflation and
adjusts veterans' exemptions accordingly. A provision is also included
permitting municipalities to maintain veterans' exemptions at present
levels should an increase be unwarranted.

LEGISLATIVE HISTORY:

S.6441 of 2001/2002 S.3027 of 2003/2004 S.4358 of 2005/2006 S.710 of
2007/2008 S.3275 of 2009/2010 S.3214 of 2011/2012

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: This act shall take effect immediately and shall
apply to taxes levied on assessment rolls completed on and after July
1, 2002.

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

                                  3303

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 31, 2013
                               ___________

Introduced  by Sen. NOZZOLIO -- read twice and ordered printed, and when
  printed to be committed to the Committee on Veterans, Homeland Securi-
  ty and Military Affairs

AN ACT to amend the real property tax law, in relation to the  veteran's
  alternative exemption

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

  Section 1. Paragraphs (a), (b),  (c)  and  (d)  of  subdivision  2  of
section  458-a of the real property tax law, paragraph (a) as amended by
chapter 899 of the laws of 1985, paragraph (b) as amended by chapter 473
of the laws of 2004, paragraph (c) as amended by chapter 100 of the laws
of 1988, paragraph (d) as added by chapter 525 of the laws of 1984,  and
subparagraph (ii) of paragraph (d) as amended by chapter 256 of the laws
of  2005  and as further amended by section 1 of part W of charter 56 of
the laws of 2010, are amended to read as follows:
  (a) Qualifying residential real property shall be exempt from taxation
to the extent of fifteen percent of the assessed value of such property;
provided, however, that such exemption shall not exceed [twelve] FIFTEEN
thousand dollars or the product of  [twelve]  FIFTEEN  thousand  dollars
multiplied by the latest state equalization rate for the assessing unit,
or  in  the  case  of  a special assessing unit, the latest class ratio,
whichever is less.
  (b) In addition to the exemption provided by  paragraph  (a)  of  this
subdivision, where the veteran served in a combat theatre or combat zone
of  operations,  as  documented by the award of a United States campaign
ribbon or service medal, or the armed forces expeditionary  medal,  navy
expeditionary  medal, marine corps expeditionary medal, or global war on
terrorism expeditionary medal, qualifying residential real property also
shall be exempt from taxation to  the  extent  of  ten  percent  of  the
assessed  value of such property; provided, however, that such exemption
shall not exceed [eight] TEN thousand dollars or the product of  [eight]

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01446-01-3

S. 3303                             2

TEN  thousand  dollars  multiplied by the latest state equalization rate
for the assessing unit, or in the case of a special assessing unit,  the
class ratio, whichever is less.
  (c)  In  addition to the exemptions provided by paragraphs (a) and (b)
of this subdivision, where the veteran received  a  compensation  rating
from  the  United  States  veteran's  administration  or from the United
States department of defense because of a service connected  disability,
qualifying  residential  real  property shall be exempt from taxation to
the extent of the product of the assessed value of such property  multi-
plied  by  fifty  percent  of the veteran's disability rating; provided,
however, that such exemption shall not  exceed  [forty]  FIFTY  thousand
dollars  or  the product of [forty] FIFTY thousand dollars multiplied by
the latest state equalization rate for the assessing  unit,  or  in  the
case  of  a special assessing unit, the latest class ratio, whichever is
less. For purposes of this paragraph, where a person who served  in  the
active  military,  naval  or  air service during a period of war died in
service of a service connected disability, such person shall  be  deemed
to have been assigned a compensation rating of one hundred percent.
  (d)  Limitations.  (i)  The  exemption  from taxation provided by this
subdivision shall be applicable to county, city, town and village  taxa-
tion, but shall not be applicable to taxes levied for school purposes.
  (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 TWELVE THOUSAND DOLLARS, EIGHT THOUSAND DOLLARS  AND
FORTY THOUSAND DOLLARS, RESPECTIVELY OR nine thousand dollars, six thou-
sand  dollars and thirty thousand dollars, respectively, or six thousand
dollars, four thousand dollars and twenty thousand dollars,  respective-
ly.  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) of this subdivision to fifteen thousand dollars,  ten  thou-
sand dollars and fifty thousand dollars, respectively; eighteen thousand
dollars, twelve thousand dollars and sixty thousand dollars, respective-
ly;  twenty-one thousand dollars, fourteen thousand dollars, and seventy
thousand dollars, respectively; twenty-four  thousand  dollars,  sixteen
thousand dollars, and eighty thousand dollars, respectively; twenty-sev-
en  thousand  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. In addi-
tion, 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,  twen-
ty-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  thou-
sand  dollars,  thirty  thousand  dollars and one hundred fifty thousand
dollars, respectively; 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.
For purposes of this subparagraph,  a  "high-appreciation  municipality"
means:  (A)  a  special  assessing unit that is a city, (B) a county for

S. 3303                             3

which the commissioner has established 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  2.  This act shall take effect immediately and shall apply to taxes
levied on assessment rolls completed on and after July 1, 2002.

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