senate Bill S3523

Amended

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

  • 05 / Feb / 2013
    • REFERRED TO VETERANS, HOMELAND SECURITY AND MILITARY AFFAIRS
  • 30 / May / 2013
    • REPORTED AND COMMITTED TO FINANCE
  • 08 / Jan / 2014
    • REFERRED TO VETERANS, HOMELAND SECURITY AND MILITARY AFFAIRS
  • 19 / Feb / 2014
    • AMEND AND RECOMMIT TO VETERANS, HOMELAND SECURITY AND MILITARY AFFAIRS
  • 19 / Feb / 2014
    • PRINT NUMBER 3523A

Summary

Relates to exemptions available to veterans.

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Bill Details

See Assembly Version of this Bill:
A4403
Versions:
S3523
S3523A
Legislative Cycle:
2013-2014
Current Committee:
Senate Veterans, Homeland Security And Military Affairs
Law Section:
Real Property Tax Law
Laws Affected:
Amd ยงยง458-a & 458-b, RPT L
Versions Introduced in 2011-2012 Legislative Cycle:
S5597B, A8186B

Votes

Sponsor Memo

BILL NUMBER:S3523

TITLE OF BILL: An act to amend the real property tax law, in relation
to exemptions available to veterans

PURPOSE: 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 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 Chap-
ter 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 muni-
cipalities 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-appre-
ciation municipality' section of the legislation new categories of high-
er 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; 569,000, $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 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 main-
taining local control of the administration of the veteran's alternative
exemption. It also created three new higher exemptions that a munici-
pality 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 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 opportu-
nity 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 ware-time veterans maintain home ownership.

LEGISLATIVE HISTORY: 2011-12 S.5597B/A.8186B.

FISCAL IMPLICATIONS: 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, 2014; 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. 3523                                                  A. 4403

                       2013-2014 Regular Sessions

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

                            February 5, 2013
                               ___________

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

IN ASSEMBLY -- Introduced by M. of A. THIELE, LOSQUADRO  --  Multi-Spon-
  sored by -- M. of A. HAWLEY -- read once and referred to the Committee
  on Veterans' Affairs

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)
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,

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08211-01-3

S. 3523                             2                            A. 4403

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
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

S. 3523                             3                            A. 4403

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,
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

S. 3523                             4                            A. 4403

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,  2014;  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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