Assembly Bill A8838

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

                                  8838

                          I N  A S S E M B L Y

                            February 19, 2014
                               ___________

Introduced  by  M.  of A. PAULIN, MILLER, RYAN, COLTON, COOK, GOTTFRIED,
  MARKEY, RIVERA, ROBINSON, TITONE, WEPRIN, CROUCH, McDONOUGH,  GARBARI-
  NO,  GRAF, PALUMBO, RAIA, STEC, TEDISCO -- Multi-Sponsored by -- M. of
  A.  ABBATE,  BARCLAY,  CAMARA,  CERETTO,  CURRAN,  DenDEKKER,  HAWLEY,
  KEARNS,  LUPARDO,  MOSLEY, OAKS, PALMESANO, PERRY, SALADINO, THIELE --
  read once and referred to the Committee on Real Property Taxation

AN ACT to amend the real property tax law, in  relation  to  authorizing
  certain tax exemptions from school district real property for Cold War
  veterans

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

  Section 1. Paragraph (a) of subdivision 2 of section 458-b of the real
property tax law, as amended by chapter 235 of  the  laws  of  2009,  is
amended to read as follows:
  (a) Each county, city, town [or], village OR SCHOOL DISTRICT may adopt
a  local  law to provide that qualifying residential real property shall
be exempt from taxation to the extent of either: (i) ten percent of  the
assessed  value  of such property; provided however, that such exemption
shall not exceed eight thousand dollars or the product of eight thousand
dollars multiplied by the latest state equalization rate of the  assess-
ing  unit, or, in the case of a special assessing unit, the latest class
ratio, whichever is less or; (ii) fifteen percent of the assessed  value
of such property; provided however, that such exemption shall not exceed
twelve thousand dollars or the product of twelve thousand dollars multi-
plied  by the latest state equalization rate for the assessing unit, or,
in the case of a special assessing unit, the latest class ratio,  which-
ever is less.
  S  2. Subparagraphs (i) and (iii) of paragraph (b) of subdivision 2 of
section 458-b of the real property tax law, as amended by chapter 235 of
the laws of 2009, are amended to read as follows:
  (i) The exemption from taxation provided by this subdivision shall  be
applicable  to  county,  city,  town, [and], village AND SCHOOL DISTRICT
taxation[, but shall not  be  applicable  to  taxes  levied  for  school
purposes].

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

                                                           LBD14061-01-4

A. 8838                             2

  (iii)  The  exemption  provided  by  paragraph (a) of this subdivision
shall be granted for a period of ten years. The commencement of such ten
year period shall be governed pursuant to  this  subparagraph.  Where  a
qualified  owner owns qualifying residential real property on the effec-
tive  date  of the local law providing for such exemption, such ten year
period shall be measured from the assessment roll prepared  pursuant  to
the  first  taxable status date occurring on or after the effective date
of the local law providing for such exemption. Where a  qualified  owner
does  not own qualifying residential real property on the effective date
of the local law providing for such  exemption,  such  ten  year  period
shall  be  measured  from  the  assessment roll prepared pursuant to the
first taxable status date occurring at least sixty days after  the  date
of  purchase of qualifying residential real property; provided, however,
that should the veteran apply for and be granted  an  exemption  on  the
assessment  roll  prepared  pursuant  to a taxable status date occurring
within sixty days after the date of purchase of residential real proper-
ty, such ten year period shall be measured  from  the  first  assessment
roll  in  which  the exemption occurs. If, before the expiration of such
ten year period, such exempt property is sold and  replaced  with  other
residential  real  property,  such  exemption may be granted pursuant to
this subdivision for the unexpired portion of  the  ten  year  exemption
period.  Each  county,  city,  town [or], village OR SCHOOL DISTRICT may
adopt a local law to reduce the maximum  exemption  allowable  in  para-
graphs  (a)  and  (b)  of this subdivision to six thousand dollars, nine
thousand dollars and thirty  thousand  dollars,  respectively,  or  four
thousand  dollars,  six  thousand  dollars  and twenty thousand dollars,
respectively. Each county, city, town, [or], village OR SCHOOL  DISTRICT
is  also  authorized  to  adopt  a  local  law  to  increase the maximum
exemption allowable in paragraphs (a) and (b) of this subdivision to ten
thousand dollars, fifteen thousand dollars and fifty  thousand  dollars,
respectively;  twelve  thousand  dollars,  eighteen thousand dollars and
sixty thousand dollars, respectively; fourteen thousand  dollars,  twen-
ty-one  thousand  dollars  and  seventy  thousand dollars, respectively;
sixteen thousand dollars, twenty-four thousand dollars and eighty  thou-
sand  dollars,  respectively;  eighteen  thousand  dollars, twenty-seven
thousand dollars and ninety thousand dollars, respectively; twenty thou-
sand dollars, thirty thousand dollars and one hundred thousand  dollars,
respectively; twenty-two thousand dollars, thirty-three thousand dollars
and one hundred ten thousand dollars, respectively; twenty-four thousand
dollars,  thirty-six  thousand  dollars  and one hundred twenty thousand
dollars, respectively. In addition, a county, city, town  [or],  village
OR  SCHOOL  DISTRICT  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) and (b) of
this subdivision to twenty-six thousand  dollars,  thirty-nine  thousand
dollars  and  one hundred thirty thousand dollars, respectively; twenty-
eight thousand dollars, forty-two thousand dollars and one hundred forty
thousand dollars,  respectively;  thirty  thousand  dollars,  forty-five
thousand  dollars  and one hundred fifty thousand dollars, respectively;
thirty-two  thousand  dollars,  forty-eight  thousand  dollars  and  one
hundred  sixty  thousand  dollars,  respectively;  thirty-four  thousand
dollars, fifty-one thousand dollars and  one  hundred  seventy  thousand
dollars,  respectively; thirty-six thousand dollars, fifty-four thousand
dollars and one hundred eighty  thousand  dollars,  respectively.    For
purposes of this subparagraph, a "high-appreciation municipality" means:
(A)  a special assessing unit that is a city, (B) a county for which the

A. 8838                             3

commissioner has established  a  sales  price  differential  factor  for
purposes  of the STAR exemption authorized by section four hundred twen-
ty-five of this title in three consecutive years, and (C) a  city,  town
[or], village OR SCHOOL DISTRICT which is wholly or partly located with-
in such a county.
  S  3.  Subdivision 5 of section 458-b of the real property tax law, as
added by chapter 655 of the laws of 2007, is amended to read as follows:
  5. A local law adopted pursuant to this section may be repealed by the
governing body of the applicable county, city, town,  [or]  village,  OR
SCHOOL  DISTRICT.  Such repeal shall occur at least ninety days prior to
the taxable status date of such county, city,  town,  [or]  village,  OR
SCHOOL DISTRICT.
  S 4. This act shall take effect immediately.