S T A T E O F N E W Y O R K
________________________________________________________________________
3701--A
2009-2010 Regular Sessions
I N A S S E M B L Y
January 28, 2009
___________
Introduced by M. of A. JOHN -- read once and referred to the Committee
on Veterans' Affairs -- recommitted to the Committee on Veterans'
Affairs 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 prorating a
veteran's exemption if such veteran moves within the same county
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 9 of section 458 of the real property tax law,
as amended by chapter 503 of the laws of 2008, is amended to read as
follows:
9. Notwithstanding the provisions of subdivision one of this section,
the governing body of any municipality may, after public hearing, adopt
a local law, ordinance or resolution providing where a veteran, the
spouse of the veteran or unremarried surviving spouse already receiving
an exemption pursuant to this section sells the property receiving the
exemption and purchases property within the same [city, town or village]
COUNTY, the assessor shall transfer and prorate, for the remainder of
the fiscal year, the exemption which the veteran, the spouse of the
veteran or unremarried surviving spouse received. The prorated exemption
shall be based upon the date the veteran, the spouse of the veteran or
unremarried surviving spouse obtains title to the new property and shall
be calculated by multiplying the tax rate or rates for each municipal
corporation which levied taxes, or for which taxes were levied, on the
appropriate tax roll used for the fiscal year or years during which the
transfer occurred times the previously granted exempt amount times the
fraction of each fiscal year or years remaining subsequent to the trans-
fer of title. Nothing in this section shall be construed to remove the
requirement that any such veteran, the spouse of the veteran or unremar-
ried surviving spouse transferring an exemption pursuant to this subdi-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03861-04-0
A. 3701--A 2
vision shall reapply for the exemption authorized pursuant to this
section on or before the following taxable status date, in the event
such veteran, the spouse of the veteran or unremarried surviving spouse
wishes to receive the exemption in future fiscal years.
S 2. Subdivision 8 of section 458-a of the real property tax law, as
amended by chapter 503 of the laws of 2008, is amended to read as
follows:
8. Notwithstanding the provisions of paragraph (c) of subdivision one
of this section and subdivision three of this section, the governing
body of any municipality may, after public hearing, adopt a local law,
ordinance or resolution providing that where a veteran, the spouse of
the veteran or unremarried surviving spouse already receiving an
exemption pursuant to this section sells the property receiving the
exemption and purchases property within the same [city, town or village]
COUNTY, the assessor shall transfer and prorate, for the remainder of
the fiscal year, the exemption received. The prorated exemption shall be
based upon the date the veteran, the spouse of the veteran or unremar-
ried surviving spouse obtains title to the new property and shall be
calculated by multiplying the tax rate or rates for each municipal
corporation which levied taxes, or for which taxes were levied, on the
appropriate tax roll used for the fiscal year or years during which the
transfer occurred times the previously granted exempt amount times the
fraction of each fiscal year or years remaining subsequent to the trans-
fer of title. Nothing in this section shall be construed to remove the
requirement that any such veteran, the spouse of the veteran or unremar-
ried surviving spouse transferring an exemption pursuant to this subdi-
vision shall reapply for the exemption authorized pursuant to this
section on or before the following taxable status date, in the event
such veteran, the spouse of the veteran or unremarried surviving spouse
wishes to receive the exemption in future fiscal years.
S 3. This act shall take effect immediately and shall apply to the
levy of taxes based on the 2010 assessment roll in an approved assessing
unit.