NY State Senate Bill 2009-S4876A

Archive: Last Bill Status - In Assembly Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 02, 2010	referred to veterans' affairs
Jun 01, 2010	delivered to assembly passed senate ordered to third reading cal.671 reported and committed to rules
Jan 26, 2010	reported and committed to finance
Jan 20, 2010	print number 4876a
Jan 20, 2010	amend and recommit to veterans, homeland security and military affairs
Jan 06, 2010	referred to veterans, homeland security and military affairs
Apr 27, 2009	referred to veterans, homeland security and military affairs

Votes

- Jun 1, 2010 - Floor Vote
  S4876A
  
  Aye
  
  58
  
  Nay
  
  3
  
  Absent
  
  0
  
  Excused
  
  1
  
  Abstained
  
  0
  - - Floor Vote: Jun 1, 2010
      
      aye (58)
      
      Adams
      
      Addabbo Jr.
      
      Alesi
      
      Aubertine
      
      Bonacic
      
      Breslin
      
      DeFrancisco
      
      Diaz
      
      Dilan
      
      Duane
      
      Espada
      
      Farley
      
      Flanagan
      
      Foley
      
      Fuschillo
      
      Golden
      
      Griffo
      
      Hannon
      
      Hassell-Thompson
      
      Huntley
      
      Johnson
      
      Johnson
      
      Klein
      
      Krueger
      
      Kruger
      
      LaValle
      
      Lanza
      
      Leibell
      
      Libous
      
      Marcellino
      
      Maziarz
      
      McDonald
      
      Montgomery
      
      Nozzolio
      
      Onorato
      
      Oppenheimer
      
      Padavan
      
      Parker
      
      Peralta
      
      Perkins
      
      Robach
      
      Saland
      
      Sampson
      
      Savino
      
      Schneiderman
      
      Serrano
      
      Seward
      
      Skelos
      
      Smith
      
      Squadron
      
      Stachowski
      
      Stavisky
      
      Stewart-Cousins
      
      Thompson
      
      Valesky
      
      Volker
      
      Winner
      
      Young
      
      nay (3)
      
      Larkin
      
      Little
      
      Ranzenhofer
      
      excused (1)
      
      Morahan
  Jan 26, 2010 - Veterans, Homeland Security And Military Affairs Committee Vote
  S4876A
  
  Aye
  
  14
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  
  0
  - - Veterans, Homeland Security And Military Affairs Committee Vote: Jan 26, 2010
      
      aye (14)
      
      Adams
      
      Addabbo Jr.
      
      Aubertine
      
      Golden
      
      Griffo
      
      Kruger
      
      Larkin
      
      Leibell
      
      McDonald
      
      Padavan
      
      Sampson
      
      Squadron
      
      Stewart-Cousins
      
      Thompson
  Jun 1, 2010 - Rules Committee Vote
  S4876A
  
  Aye
  
  20
  
  Nay
  
  0
  
  Aye with Reservations
  
  3
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  
  0
  - - Rules Committee Vote: Jun 1, 2010
      
      aye (20)
      
      Dilan
      
      Espada
      
      Farley
      
      Hannon
      
      Hassell-Thompson
      
      Johnson
      
      Klein
      
      Krueger
      
      LaValle
      
      Montgomery
      
      Padavan
      
      Parker
      
      Saland
      
      Serrano
      
      Seward
      
      Smith
      
      Stachowski
      
      Stewart-Cousins
      
      Valesky
      
      Volker
      
      aye wr (3)
      
      Duane
      
      Larkin
      
      Skelos
  Jun 1, 2010 - Finance Committee Vote
  S4876A
  
  Aye
  
  32
  
  Nay
  
  0
  
  Aye with Reservations
  
  1
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  
  0
  - - Finance Committee Vote: Jun 1, 2010
      
      aye (32)
      
      Breslin
      
      DeFrancisco
      
      Diaz
      
      Dilan
      
      Espada
      
      Farley
      
      Hannon
      
      Johnson
      
      Klein
      
      Krueger
      
      Kruger
      
      LaValle
      
      Larkin
      
      Leibell
      
      Marcellino
      
      Maziarz
      
      Montgomery
      
      Nozzolio
      
      Oppenheimer
      
      Padavan
      
      Parker
      
      Peralta
      
      Perkins
      
      Robach
      
      Saland
      
      Seward
      
      Stachowski
      
      Stavisky
      
      Stewart-Cousins
      
      Thompson
      
      Valesky
      
      Volker
      
      aye wr (1)
      
      Duane

Bill Amendments

Original

A (Active)

2009-S4876 - Details

See Assembly Version of this Bill:: A3701
Current Committee:: Assembly Veterans
Law Section:: Real Property Tax Law
Laws Affected:: Amd §§458 & 458-a, RPT L
Versions Introduced in Other Legislative Sessions:: 2011-2012: A5518
2013-2014: A879
2015-2016: A2646

2009-S4876 - Summary

Relates to prorating a veteran's exemption if such veteran moves within the same county.

2009-S4876 - Sponsor Memo

                                 BILL NUMBER:  S4876

 TITLE OF BILL :
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

 PURPOSE :
To ensure that veterans already receiving property tax exemptions,
continue to receive such exemptions upon moving within the same
county.

 SUMMARY OF PROVISIONS :
Section 1: Amends Section 458 of the real property tax law, as added
by chapter 166 of the laws of 2006. Currently, a veteran already
receiving a property tax exemption can sell the property receiving the
exemption and purchase property within the same city, town, or village
and have the exemption transferred and prorated for the remainder of
the fiscal year. Section 458 is amended, replacing "city, town, or
village" with "county".

Section 2: Amends Section 458-a of the real property tax law, as added
by chapter 166 of the laws of 2006, also replacing "city, town, or
village" with "county".

 JUSTIFICATION :
This Legislature has supported and defended the rights of New York

State's veterans. New York continues to thank and reward our
servicemen and women for the personal sacrifices they have made while
protecting our state and our nation. Our veterans have served in
peacetime and during wartime, whenever they were needed.

Veterans living in New York State are currently entitled to a tax
exemption on their primary home. Unfortunately though, this exemption
is not transferable unless the veteran moves within the locality he or
she currently resides. Like most other residents, many veterans may
choose to, or need to, move into a new home at least once in their
lives.  Because of the unnecessarily specific nature of the current
law, veterans moving out of one home and into another home will lose
the modest tax exemptions they have earned if their new home is in a
city, town or village different than that of the first, original home.
This legislation would ensure that veterans are able to move anywhere
within the same county, without losing the tax exemptions they have
been promised, and deserve.

 LEGISLATIVE HISTORY :
A.10868 of 2008: Referred to Veterans' Affairs

 FISCAL IMPLICATIONS :
Not determined.

 EFFECTIVE DATE :
This act shall take effect immediately and shall apply to the levy of
taxes on the 2009 assessment roll in an approved assessing unit.

2009-S4876 - Bill Text download pdf

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

                                  4876

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             April 27, 2009
                               ___________

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

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-
vision shall reapply for  the  exemption  authorized  pursuant  to  this
section  on  or  before  the following taxable status date, in the event

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03861-02-9

S. 4876                             2

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 2009 assessment roll in an approved assessing
unit.

2009-S4876A (ACTIVE) - Details

See Assembly Version of this Bill:: A3701
Current Committee:: Assembly Veterans
Law Section:: Real Property Tax Law
Laws Affected:: Amd §§458 & 458-a, RPT L
Versions Introduced in Other Legislative Sessions:: 2011-2012: A5518
2013-2014: A879
2015-2016: A2646

2009-S4876A (ACTIVE) - Summary

Relates to prorating a veteran's exemption if such veteran moves within the same county.

2009-S4876A (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S4876A

 TITLE OF BILL :
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


 PURPOSE OR GENERAL IDEA OF THE BILL :
To ensure that veterans already receiving property tax exemptions,
continue to receive such exemptions upon moving within the same
county.

 SUMMARY OF PROVISIONS :
Section 1: Amends Section 458 of the real property tax law, as added
by chapter 166 of the laws of 2006.  Currently, a veteran already
receiving a property tax exemption can sell the property receiving the
exemption and purchase property within the same city, town, or village
and have the exemption transferred and prorated for the remainder of
the fiscal year.  Section 458 is amended, replacing "city, town, or
village" with "county".

Section 2: Amends Section 458-a of the real property tax law, as added
by chapter 166 of the laws of 2006, also replacing "city, town, or
village" with "county".

 JUSTIFICATION :

This Legislature has supported and defended the rights of New York
State's veterans. New York continues to thank and reward our
servicemen and women for the personal sacrifices they have made while
protecting our state and our nation. Our veterans have served in
peacetime and during wartime, whenever they were needed.

Veterans living in New York State are currently entitled to a tax
exemption on their primary home. Unfortunately though, this exemption
is not transferable unless the veteran moves within the locality he or
she currently resides. Like most other residents, many veterans may
choose to, or need to, move into a new home at least once in their
lives. Because of the unnecessarily specific nature of the current
law, veterans moving out of one home and into another home will lose
the modest tax exemptions they have earned if their new home is in a
city, town or village different than that of the first, original home.
This legislation would ensure that veterans are able to move anywhere
within the same county, without losing the tax exemptions they have
been promised, and deserve.

 LEGISLATIVE HISTORY :
A.10868 of 2008: Referred to Veterans' Affairs

 FISCAL IMPLICATIONS :
None to the State.

 EFFECTIVE DATE :
This act shall take effect immediately and shall apply to the levy of
taxes on the 2010 assessment roll in an approved assessing unit.

2009-S4876A (ACTIVE) - Bill Text download pdf

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

                                 4876--A

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             April 27, 2009
                               ___________

Introduced  by  Sen.  FOLEY  -- read twice and ordered printed, and when
  printed to be committed to the Committee on Veterans, Homeland Securi-
  ty and Military Affairs -- recommitted to the Committee  on  Veterans,
  Homeland  Security and Military Affairs in accordance with Senate Rule
  6, sec. 8 -- 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-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03861-03-0

S. 4876--A                          2

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 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.

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Senate Bill S4876A

Sponsored By

Archive: Last Bill Status - In Assembly Committee

Actions

Votes

Jun 1, 2010 - Floor Vote

Floor Vote: Jun 1, 2010

Jan 26, 2010 - Veterans, Homeland Security And Military Affairs Committee Vote

Veterans, Homeland Security And Military Affairs Committee Vote: Jan 26, 2010

Jun 1, 2010 - Rules Committee Vote

Rules Committee Vote: Jun 1, 2010

Jun 1, 2010 - Finance Committee Vote

Finance Committee Vote: Jun 1, 2010

Bill Amendments

2009-S4876 - Details

2009-S4876 - Summary

2009-S4876 - Sponsor Memo

2009-S4876 - Bill Text download pdf

2009-S4876A (ACTIVE) - Details

2009-S4876A (ACTIVE) - Summary

2009-S4876A (ACTIVE) - Sponsor Memo

2009-S4876A (ACTIVE) - Bill Text download pdf

Comments

Do you support this bill?

Get Status Alerts for 2009-S4876A

Senate Bill S4876A

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Sponsored By

Brian X. Foley

Archive: Last Bill Status - In Assembly Committee

Actions

Votes

Bill Amendments

2009-S4876 - Details

2009-S4876 - Summary

2009-S4876 - Sponsor Memo

2009-S4876 - Bill Text download pdf

2009-S4876A (ACTIVE) - Details

2009-S4876A (ACTIVE) - Summary

2009-S4876A (ACTIVE) - Sponsor Memo

2009-S4876A (ACTIVE) - Bill Text download pdf

Comments