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Assembly Bill A3627

2009-2010 Legislative Session

Relates to allowing a physically disabled surviving spouse who was married to an enhanced STAR qualifying individual to continue to receive the exemption

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Archive: Last Bill Status - In Assembly Committee

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Bill Amendments

2009-A3627 - Details

Current Committee:
Assembly Real Property Taxation
Law Section:
Real Property Tax Law
Laws Affected:
Amd §425, RPT L
Versions Introduced in Other Legislative Sessions:
2011-2012: A127
2013-2014: A1748
2015-2016: A1675
2017-2018: A2731
2019-2020: A2490
2021-2022: A6025
2023-2024: A2395
2025-2026: A135

2009-A3627 - Summary

Relates to allowing a physically disabled surviving spouse who was married to an enhanced STAR qualifying individual to continue to receive the exemption even if the surviving spouse is not sixty-two years of age.

2009-A3627 - Bill Text download pdf 

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

                                  3627

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 27, 2009
                               ___________

Introduced  by  M.  of  A.  CROUCH  --  Multi-Sponsored  by  -- M. of A.
  BACALLES, BURLING, MOLINARO, OAKS, TOWNSEND -- read once and  referred
  to the Committee on Real Property Taxation

AN  ACT to amend the real property tax law, in relation to extending the
  enhanced STAR exemption to the disabled surviving spouse of  a  previ-
  ously qualifying individual

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

  Section 1. Subparagraph (iii) of paragraph (a)  of  subdivision  4  of
section  425 of the real property tax law, as added by section 4 of part
A of chapter 405 of the laws of 1999, is amended to read as follows:
  (iii) In the case of property owned by husband and wife, one  of  whom
is  sixty-five  years of age or over, the exemption, once granted, shall
not be rescinded solely because of the death of the older spouse so long
as the surviving spouse is at least sixty-two years of age OR  IS  PHYS-
ICALLY  DISABLED as of the date specified in this paragraph.  TO QUALIFY
AS PHYSICALLY DISABLED FOR THE PURPOSES OF THIS SUBPARAGRAPH,  AN  INDI-
VIDUAL  SHALL SUBMIT TO THE ASSESSOR A CERTIFIED STATEMENT FROM A PHYSI-
CIAN LICENSED TO PRACTICE IN THE STATE ON A  FORM  PRESCRIBED  AND  MADE
AVAILABLE  BY  THE  STATE  BOARD  WHICH STATES THAT THE INDIVIDUAL HAS A
PERMANENT PHYSICAL IMPAIRMENT WHICH SUBSTANTIALLY LIMITS ONE OR MORE  OF
SUCH  INDIVIDUAL'S  MAJOR LIFE ACTIVITIES, EXCEPT THAT AN INDIVIDUAL WHO
HAS OBTAINED A CERTIFICATE FROM THE STATE COMMISSION FOR THE  BLIND  AND
VISUALLY  HANDICAPPED  STATING THAT SUCH INDIVIDUAL IS LEGALLY BLIND MAY
SUBMIT SUCH CERTIFICATE IN LIEU OF A  PHYSICIAN'S  CERTIFIED  STATEMENT.
THE  OTHER  REQUIREMENTS  OF  THIS SUBDIVISION MUST STILL BE MET FOR THE
ENHANCED EXEMPTION TO BE  GRANTED  TO  A  SURVIVING  SPOUSE  UNDER  THIS
SUBPARAGRAPH.
  S  2.  This  act  shall take effect immediately and shall apply to the
administration  of  the  enhanced  STAR  exemption  beginning  with  the
2009-2010 school year.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00440-01-9

2009-A3627A (ACTIVE) - Details

Current Committee:
Assembly Real Property Taxation
Law Section:
Real Property Tax Law
Laws Affected:
Amd §425, RPT L
Versions Introduced in Other Legislative Sessions:
2011-2012: A127
2013-2014: A1748
2015-2016: A1675
2017-2018: A2731
2019-2020: A2490
2021-2022: A6025
2023-2024: A2395
2025-2026: A135

2009-A3627A (ACTIVE) - Summary

Relates to allowing a physically disabled surviving spouse who was married to an enhanced STAR qualifying individual to continue to receive the exemption even if the surviving spouse is not sixty-two years of age.

2009-A3627A (ACTIVE) - Sponsor Memo

2009-A3627A (ACTIVE) - Bill Text download pdf 

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

                                 3627--A

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 27, 2009
                               ___________

Introduced  by  M.  of  A.  CROUCH  --  Multi-Sponsored  by  -- M. of A.
  BACALLES, BURLING, MOLINARO, OAKS, TOWNSEND -- read once and  referred
  to  the  Committee  on  Real  Property  Taxation -- recommitted to the
  Committee on Real Property Taxation in accordance with  Assembly  Rule
  3,  sec. 2 -- committee discharged, bill amended, ordered reprinted as
  amended and recommitted to said committee

AN ACT to amend the real property tax law, in relation to extending  the
  enhanced  STAR  exemption to the disabled surviving spouse of a previ-
  ously qualifying individual

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

  Section  1.  Subparagraph  (iii)  of paragraph (a) of subdivision 4 of
section 425 of the real property tax law, as added by section 4 of  part
A of chapter 405 of the laws of 1999, is amended to read as follows:
  (iii)  In  the case of property owned by husband and wife, one of whom
is sixty-five years of age or over, the exemption, once  granted,  shall
not be rescinded solely because of the death of the older spouse so long
as  the  surviving spouse is at least sixty-two years of age OR IS PHYS-
ICALLY DISABLED as of the date specified in this paragraph.  TO  QUALIFY
AS  PHYSICALLY  DISABLED FOR THE PURPOSES OF THIS SUBPARAGRAPH, AN INDI-
VIDUAL SHALL SUBMIT TO THE ASSESSOR A CERTIFIED STATEMENT FROM A  PHYSI-
CIAN  LICENSED  TO  PRACTICE  IN THE STATE ON A FORM PRESCRIBED AND MADE
AVAILABLE BY THE STATE BOARD WHICH STATES  THAT  THE  INDIVIDUAL  HAS  A
PERMANENT  PHYSICAL IMPAIRMENT WHICH SUBSTANTIALLY LIMITS ONE OR MORE OF
SUCH INDIVIDUAL'S MAJOR LIFE ACTIVITIES, EXCEPT THAT AN  INDIVIDUAL  WHO
HAS  OBTAINED  A CERTIFICATE FROM THE STATE COMMISSION FOR THE BLIND AND
VISUALLY HANDICAPPED STATING THAT SUCH INDIVIDUAL IS LEGALLY  BLIND  MAY
SUBMIT  SUCH  CERTIFICATE  IN LIEU OF A PHYSICIAN'S CERTIFIED STATEMENT.
THE OTHER REQUIREMENTS OF THIS SUBDIVISION MUST STILL  BE  MET  FOR  THE
ENHANCED  EXEMPTION  TO  BE  GRANTED  TO  A  SURVIVING SPOUSE UNDER THIS
SUBPARAGRAPH.
  S 2. This act shall take effect immediately and  shall  apply  to  the
administration  of  the  enhanced  STAR  exemption  beginning  with  the
2010-2011 school year.

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