Assembly Bill A3928

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

                                  3928

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 29, 2009
                               ___________

Introduced  by  M.  of  A.  RAIA,  ALFANO, BARRA, CONTE, KOLB, WALKER --
  Multi-Sponsored by -- M.  of A. BACALLES,  BARCLAY,  BURLING,  BUTLER,
  ERRIGO, FINCH, FITZPATRICK, GIGLIO, McDONOUGH, McKEVITT, OAKS, O'MARA,
  SAYWARD,  TEDISCO,  THIELE,  TOWNSEND -- read once and referred to the
  Committee on Veterans' Affairs

AN ACT to amend the real property tax law, in relation to the  veteran's
  alternative exemption

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

  Section 1. Paragraphs (a), (b),  (c)  and  (d)  of  subdivision  2  of
section  458-a of the real property tax law, paragraph (a) as amended by
chapter 899 of the laws of 1985, paragraph (b) as amended by chapter 473
of the laws of 2004, paragraph (c) as amended by chapter 100 of the laws
of 1988, paragraph (d) as added by chapter 525 of the laws of 1984,  and
subparagraph (ii) of paragraph (d) as amended by chapter 256 of the laws
of 2005, are amended to read as follows:
  (a) Qualifying residential real property shall be exempt from taxation
to the extent of fifteen percent of the assessed value of such property;
provided, however, that such exemption shall not exceed [twelve] FIFTEEN
thousand  dollars  or  the  product of [twelve] FIFTEEN thousand dollars
multiplied by the latest state equalization rate for the assessing unit,
or in the case of a special assessing  unit,  the  latest  class  ratio,
whichever is less.
  (b)  In  addition  to  the exemption provided by paragraph (a) of this
subdivision, where the veteran served in a combat theatre or combat zone
of operations, as documented by the award of a  United  States  campaign
ribbon  or  service medal, or the armed forces expeditionary medal, navy
expeditionary medal, marine corps expeditionary medal, or global war  on
terrorism expeditionary medal, qualifying residential real property also
shall  be  exempt  from  taxation  to  the  extent of ten percent of the
assessed value of such property; provided, however, that such  exemption

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00686-01-9
              

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shall  not exceed [eight] TEN thousand dollars or the product of [eight]
TEN thousand dollars multiplied by the latest  state  equalization  rate
for  the assessing unit, or in the case of a special assessing unit, the
class ratio, whichever is less.
  (c)  In  addition to the exemptions provided by paragraphs (a) and (b)
of this subdivision, where the veteran received  a  compensation  rating
from  the  United  States  veteran's  administration  or from the United
States department of defense because of a service connected  disability,
qualifying  residential  real  property shall be exempt from taxation to
the extent of the product of the assessed value of such property  multi-
plied  by  fifty  percent  of the veteran's disability rating; provided,
however, that such exemption shall not  exceed  [forty]  FIFTY  thousand
dollars  or  the product of [forty] FIFTY thousand dollars multiplied by
the latest state equalization rate for the assessing  unit,  or  in  the
case  of  a special assessing unit, the latest class ratio, whichever is
less. For purposes of this paragraph, where a person who served  in  the
active  military,  naval  or  air service during a period of war died in
service of a service connected disability, such person shall  be  deemed
to have been assigned a compensation rating of one hundred percent.
  (d)  Limitations.  (i)  The  exemption  from taxation provided by this
subdivision shall be applicable to county, city, town and village  taxa-
tion, but shall not be applicable to taxes levied for school purposes.
  (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 TWELVE THOUSAND DOLLARS, EIGHT THOUSAND DOLLARS  AND
FORTY THOUSAND DOLLARS, RESPECTIVELY OR nine thousand dollars, six thou-
sand  dollars and thirty thousand dollars, respectively, or six thousand
dollars, four thousand dollars and twenty thousand dollars,  respective-
ly.  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  thou-
sand dollars and fifty thousand dollars, respectively; eighteen thousand
dollars, twelve thousand dollars and sixty thousand dollars, respective-
ly;  twenty-one thousand dollars, fourteen thousand dollars, and seventy
thousand dollars, respectively; twenty-four  thousand  dollars,  sixteen
thousand dollars, and eighty thousand dollars, respectively; twenty-sev-
en  thousand  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,  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. 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),
(b) and (c) of this subdivision to thirty-nine thousand  dollars,  twen-
ty-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  thou-
sand  dollars,  thirty  thousand  dollars and one hundred fifty thousand
dollars, respectively; 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.
For purposes of this subparagraph,  a  "high-appreciation  municipality"

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means:  (A)  a  special  assessing unit that is a city, (B) a county for
which the state board 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 and shall apply  to  taxes
levied on assessment rolls completed on and after July 1, 2002.