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Assembly Bill A10276A

2011-2012 Legislative Session

Relates to the real property exemption for certain portions of property owned by veterans' organizations

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Archive: Last Bill Status - In Senate Committee Rules Committee

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Bill Amendments

2011-A10276 - Details

See Senate Version of this Bill:
S7675
Current Committee:
Senate Rules
Law Section:
Real Property Tax Law
Laws Affected:
Amd §452, RPT L
Versions Introduced in 2013-2014 Legislative Session:
A2283, S936

2011-A10276 - Summary

Authorizes municipalities to extend the real property exemption for property owned by veterans' organizations to portions of the property which are used by entities which are not entitled to the exemption.

2011-A10276 - Bill Text download pdf 

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

                                  10276

                          I N  A S S E M B L Y

                              May 17, 2012
                               ___________

Introduced by M. of A. LAVINE -- read once and referred to the Committee
  on Veterans' Affairs

AN ACT to amend the real property tax law, in relation to the real prop-
  erty  exemption  for  certain  portions of property owned by veterans'
  organizations

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

  Section  1.  Subdivision 2 of section 452 of the real property tax law
is amended to read as follows:
  2. Such real property shall be so exempt  although  it  or  a  portion
thereof is used by another corporation or association whose real proper-
ty  would  be entitled to an exemption pursuant to any section in titles
one or two of this article except  sections  four  hundred  eight,  four
hundred  forty, four hundred sixty-six or four hundred seventy-eight, if
such corporation or association itself owned such real property, as long
as any moneys paid to the owning corporation, association or post by the
using corporation or association do not exceed the amount  of  carrying,
maintenance and depreciation charges of the property or portion thereof,
as  the  case may be. If a portion of such real property is actually and
exclusively used by any person whose real property would not be so enti-
tled to an exemption, such portion shall be  [subject  to]  EXEMPT  FROM
taxation,  special  ad  valorem  levies and special assessments [and the
remaining portion only shall be exempt as provided herein] PROVIDED THAT
THE GOVERNING BODY OF A CITY, VILLAGE, TOWN OR COUNTY,  AFTER  A  PUBLIC
HEARING, ADOPTS A LOCAL LAW, ORDINANCE OR RESOLUTION PROVIDING THEREFOR.
  S  2. This act shall take effect on the first of January next succeed-
ing the date on which it shall have become a law.



 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD15836-01-2

co-Sponsors

2011-A10276A (ACTIVE) - Details

See Senate Version of this Bill:
S7675
Current Committee:
Senate Rules
Law Section:
Real Property Tax Law
Laws Affected:
Amd §452, RPT L
Versions Introduced in 2013-2014 Legislative Session:
A2283, S936

2011-A10276A (ACTIVE) - Summary

Authorizes municipalities to extend the real property exemption for property owned by veterans' organizations to portions of the property which are used by entities which are not entitled to the exemption.

2011-A10276A (ACTIVE) - Bill Text download pdf 

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

                                10276--A

                          I N  A S S E M B L Y

                              May 17, 2012
                               ___________

Introduced by M. of A. LAVINE -- read once and referred to the Committee
  on  Veterans'  Affairs  -- 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 the real prop-
  erty exemption for certain portions of  property  owned  by  veterans'
  organizations

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

  Section 1. Subdivision 2 of section 452 of the real property  tax  law
is amended to read as follows:
  2.  (A) Such real property shall be so exempt although it or a portion
thereof is used by another corporation or association whose real proper-
ty would be entitled to an exemption pursuant to any section  in  titles
one  or  two  of  this  article except sections four hundred eight, four
hundred forty, four hundred sixty-six or four hundred seventy-eight,  if
such corporation or association itself owned such real property, as long
as any moneys paid to the owning corporation, association or post by the
using  corporation  or association do not exceed the amount of carrying,
maintenance and depreciation charges of the property or portion thereof,
as the case may be.
  (B) If a portion of such real property  is  actually  and  exclusively
used  by  any  person whose real property would not be so entitled to an
exemption, such portion shall be subject to taxation, special ad valorem
levies and special assessments and the remaining portion only  shall  be
exempt  as provided herein SUBJECT TO THE PROVISIONS OF PARAGRAPH (C) OF
THIS SUBDIVISION.
  (C) THE PORTION OF REAL PROPERTY WHICH WOULD OTHERWISE BE  SUBJECT  TO
TAXATION,  SPECIAL AD VALOREM LEVIES AND SPECIAL ASSESSMENTS UNDER PARA-
GRAPH (B) OF THIS SUBDIVISION SHALL BE EXEMPT THEREFROM FOR PURPOSES  OF
ANY  MUNICIPAL CORPORATION IN WHICH SUCH PROPERTY IS LOCATED ONLY IF THE
GOVERNING BODY OF SUCH MUNICIPAL CORPORATION, AFTER  A  PUBLIC  HEARING,
ADOPTS A LOCAL LAW, ORDINANCE OR RESOLUTION SO PROVIDING.
  S  2.  This  act  shall  take  effect  on  the second of January, next
succeeding the date on which it shall have become a law and shall  apply
to assessment rolls prepared on the basis of taxable status dates occur-
ring on and after such date.

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