senate Bill S362

Amended

Exempts veteran disability payments from the income of persons sixty-five years of age or over entitled to a real property tax exemption

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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

  • 09 / Jan / 2013
    • REFERRED TO AGING
  • 12 / Mar / 2013
    • 1ST REPORT CAL.185
  • 13 / Mar / 2013
    • 2ND REPORT CAL.
  • 14 / Mar / 2013
    • ADVANCED TO THIRD READING
  • 21 / Jun / 2013
    • COMMITTED TO RULES
  • 18 / Nov / 2013
    • AMEND AND RECOMMIT TO RULES
  • 18 / Nov / 2013
    • PRINT NUMBER 362A
  • 08 / Jan / 2014
    • REFERRED TO AGING

Summary

Exempts veteran disability payments from inclusion as income of persons sixty-five years of age or over to determine eligibility for a real property tax exemption.

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Bill Details

See Assembly Version of this Bill:
A2580
Versions:
S362
S362A
Legislative Cycle:
2013-2014
Current Committee:
Senate Aging
Law Section:
Real Property Tax Law
Laws Affected:
Amd ยง467, RPT L
Versions Introduced in Previous Legislative Cycles:
2011-2012: S6976, A2277
2009-2010: A3086
2007-2008: A3415

Votes

9
0
9
Aye
0
Nay
2
aye with reservations
0
absent
0
excused
0
abstained
show Aging committee vote details

Sponsor Memo

BILL NUMBER:S362 REVISED 3/6/13

TITLE OF BILL: An act to amend the real property tax law, in relation
to the senior citizen exemption and veteran disability compensation

PURPOSE OR GENERAL IDEA OF BILL: This bill deducts veterans'
disability compensation used to calculate senior citizen real property
tax exemptions.

SUMMARY OF SPECIFIC PROVISIONS: Paragraph (a) of subdivision 3 of
section 467 of the Real Property Tax Law would be amended to eliminate
veterans' disability compensation for purposes of determining income
eligibility for the senior citizen exemption. Section one of the bill
is a technical amendment incorporating a prior amendment to the
paragraph.

JUSTIFICATION: Disabled United States armed forces members cannot
deduct compensation payments for injuries received in war from their
income when applying for the senior citizen exemption, even though
such deductions are available to other applicants. This bill attempts
to create equity within the system to all classes of applicants for
the senior citizen tax exemption.

PRIOR LEGISLATIVE HISTORY: 2011: A.2277 Referred to Veterans Affairs
2012: S.6976 Died in Rules/A.2277 Referred to Veterans Affairs

FISCAL IMPLICATIONS: None to the state.

EFFECTIVE DATE: Immediately upon enactment and applies to assessment
rolls commencing after the following January 1st; the technical
amendment contained in section one of the bill shall be deemed to have
been in effect since September 9, 2003.

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

                                   362

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sen. KENNEDY -- read twice and ordered printed, and when
  printed to be committed to the Committee on Aging

AN ACT to amend the real property tax law, in  relation  to  the  senior
  citizen exemption and veteran disability compensation

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

  Section 1. Paragraph (a) of subdivision 3 of section 467 of  the  real
property  tax  law,  as  amended  by chapter 259 of the laws of 2009, is
amended to read as follows:
  (a) if the income of the owner or the combined income of the owners of
the property for the income tax year immediately preceding the  date  of
making  application  for  exemption  exceeds  the  sum of three thousand
dollars, or such other sum not less than three thousand dollars nor more
than twenty-six thousand dollars beginning July first, two thousand six,
twenty-seven thousand dollars beginning July first, two thousand  seven,
twenty-eight  thousand dollars beginning July first, two thousand eight,
and twenty-nine thousand dollars  beginning  July  first,  two  thousand
nine,  as  may  be  provided  by  the local law, ordinance or resolution
adopted pursuant to this section. Income tax year shall mean the  twelve
month  period  for  which  the  owner or owners filed a federal personal
income tax return, or if no such return is  filed,  the  calendar  year.
Where  title is vested in either the husband or the wife, their combined
income may not exceed such sum, except where the  husband  or  wife,  or
ex-husband or ex-wife is absent from the property as provided in subpar-
agraph  (ii)  of paragraph (d) of this subdivision, then only the income
of the spouse or ex-spouse residing on the property shall be  considered
and  may  not exceed such sum. Such income shall include social security
and retirement benefits, interest, dividends, total gain from  the  sale
or  exchange  of  a capital asset which may be offset by a loss from the
sale or exchange of a capital asset in the same  income  tax  year,  net

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00185-01-3

S. 362                              2

rental  income, salary or earnings, and net income from self-employment,
but shall not include a return of capital, gifts, inheritances,  VETERAN
DISABILITY  COMPENSATION,  AS  DEFINED  IN TITLE 38 OF THE UNITED STATES
CODE, payments made to individuals because of their status as victims of
Nazi  persecution,  as  defined in P.L. 103-286 or monies earned through
employment in the federal foster grandparent program and any such income
shall be offset by all medical and prescription drug  expenses  actually
paid  which were not reimbursed or paid for by insurance, if the govern-
ing board of a municipality, after a public hearing, adopts a local law,
ordinance or resolution providing therefor.   Furthermore,  such  income
shall  not  include the proceeds of a reverse mortgage, as authorized by
section six-h of the banking law, and sections two  hundred  eighty  and
two  hundred  eighty-a of the real property law; provided, however, that
monies used to repay a reverse mortgage may not be deducted from income,
and provided additionally that any interest or dividends  realized  from
the  investment of reverse mortgage proceeds shall be considered income.
The provisions of this paragraph notwithstanding, such income shall  not
include  veterans disability compensation, as defined in Title 38 of the
United States Code provided the governing board  of  such  municipality,
after  public  hearing,  adopts  a  local  law,  ordinance or resolution
providing therefor.  In computing net rental income and net income  from
self-employment  no  depreciation  deduction  shall  be  allowed for the
exhaustion, wear and tear of real or  personal  property  held  for  the
production of income;
  S  2.  This act shall take effect immediately and shall apply to those
assessment rolls having a taxable status date on or after January  first
of  the  year  next  succeeding the year in which it shall have become a
law.

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