senate Bill S3731

Eliminates the ten-year duration limit on the real property tax exemption for Cold War 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

  • 13 / Feb / 2013
    • REFERRED TO VETERANS, HOMELAND SECURITY AND MILITARY AFFAIRS
  • 30 / May / 2013
    • 1ST REPORT CAL.931
  • 03 / Jun / 2013
    • 2ND REPORT CAL.
  • 04 / Jun / 2013
    • ADVANCED TO THIRD READING
  • 17 / Jun / 2013
    • PASSED SENATE
  • 17 / Jun / 2013
    • DELIVERED TO ASSEMBLY
  • 17 / Jun / 2013
    • REFERRED TO REAL PROPERTY TAXATION
  • 08 / Jan / 2014
    • DIED IN ASSEMBLY
  • 08 / Jan / 2014
    • RETURNED TO SENATE
  • 08 / Jan / 2014
    • REFERRED TO VETERANS, HOMELAND SECURITY AND MILITARY AFFAIRS

Summary

Eliminates the ten-year duration limit on the real property tax exemption for Cold War veterans.

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Bill Details

Versions:
S3731
Legislative Cycle:
2013-2014
Current Committee:
Senate Veterans, Homeland Security And Military Affairs
Law Section:
Real Property Tax Law
Laws Affected:
Amd ยง458-b, RPT L

Sponsor Memo

BILL NUMBER:S3731

TITLE OF BILL: An act to amend the real property tax law, in relation
to eliminating the ten-year duration limit on the real property tax
exemption for Cold War veterans

PURPOSE: To eliminate the ten-year duration limit on the real property
tax exemption for Cold War Veterans.

SUMMARY OF PROVISIONS:

Section 1 - 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 subdivision (b) of section
1 of part W of Chapter 56 of the laws of 2010.

Section 2 - Effective date

JUSTIFICATION: This bill will strengthen this exemption for those who
have served their country by removing the current ten-year limitation.

LEGISLATIVE HISTORY: New bill

FISCAL IMPLICATIONS: None to the State

EFFECTIVE DATE: Immediately

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

                                  3731

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            February 13, 2013
                               ___________

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

AN  ACT  to  amend the real property tax law, in relation to eliminating
  the ten-year duration limit on the real  property  tax  exemption  for
  Cold War veterans

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

  Section 1. 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 subdivision (b) of 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
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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08870-01-3

S. 3731                             2

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]  THE  LIFE  OF THE QUALIFIED OWNER.   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  para-
graphs  (a) and (b) of this subdivision to ten thousand dollars, fifteen
thousand dollars and fifty thousand dollars, respectively; twelve  thou-
sand  dollars,  eighteen  thousand  dollars  and sixty thousand dollars,
respectively; fourteen thousand dollars, twenty-one thousand dollars and
seventy thousand dollars, respectively; sixteen thousand dollars,  twen-
ty-four  thousand  dollars  and  eighty  thousand dollars, respectively;
eighteen thousand dollars,  twenty-seven  thousand  dollars  and  ninety
thousand dollars, respectively; twenty thousand dollars, thirty thousand
dollars and one hundred thousand dollars, respectively; twenty-two thou-
sand 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. 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)
and  (b) of this subdivision 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 thou-
sand dollars, fifty-one thousand dollars and one hundred  seventy  thou-
sand  dollars,  respectively;  thirty-six  thousand  dollars, fifty-four
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
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.

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