senate Bill S362A

2013-2014 Legislative Session

Exempts veteran disability payments from the income of persons sixty-five years of age or over entitled to a real property tax exemption

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Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2014 referred to aging
Nov 18, 2013 print number 362a
amend and recommit to rules
Jun 21, 2013 committed to rules
Mar 14, 2013 advanced to third reading
Mar 13, 2013 2nd report cal.
Mar 12, 2013 1st report cal.185
Jan 09, 2013 referred to aging

Bill Amendments

Original
A (Active)
Original
A (Active)

Co-Sponsors

S362 - Bill Details

See Assembly Version of this Bill:
A2580A
Current Committee:
Law Section:
Real Property Tax Law
Laws Affected:
Amd §467, RPT L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S6976, A2277
2009-2010: A3086

S362 - Bill Texts

view summary

Exempts veteran disability payments from inclusion as income of persons sixty-five years of age or over to determine eligibility for a real property tax exemption.

view sponsor memo
BILL NUMBER:S362 REVISED 3/6/13

TITLE OF BILL: An act to amend the real property tax law, in relation
to the senior citizen exemption and veteran disability compensation

PURPOSE OR GENERAL IDEA OF BILL: This bill deducts veterans'
disability compensation used to calculate senior citizen real property
tax exemptions.

SUMMARY OF SPECIFIC PROVISIONS: Paragraph (a) of subdivision 3 of
section 467 of the Real Property Tax Law would be amended to eliminate
veterans' disability compensation for purposes of determining income
eligibility for the senior citizen exemption. Section one of the bill
is a technical amendment incorporating a prior amendment to the
paragraph.

JUSTIFICATION: Disabled United States armed forces members cannot
deduct compensation payments for injuries received in war from their
income when applying for the senior citizen exemption, even though
such deductions are available to other applicants. This bill attempts
to create equity within the system to all classes of applicants for
the senior citizen tax exemption.

PRIOR LEGISLATIVE HISTORY: 2011: A.2277 Referred to Veterans Affairs
2012: S.6976 Died in Rules/A.2277 Referred to Veterans Affairs

FISCAL IMPLICATIONS: None to the state.

EFFECTIVE DATE: Immediately upon enactment and applies to assessment
rolls commencing after the following January 1st; the technical
amendment contained in section one of the bill shall be deemed to have
been in effect since September 9, 2003.

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

                                   362

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sen. KENNEDY -- read twice and ordered printed, and when
  printed to be committed to the Committee on Aging

AN ACT to amend the real property tax law, in  relation  to  the  senior
  citizen exemption and veteran disability compensation

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

  Section 1. Paragraph (a) of subdivision 3 of section 467 of  the  real
property  tax  law,  as  amended  by chapter 259 of the laws of 2009, is
amended to read as follows:
  (a) if the income of the owner or the combined income of the owners of
the property for the income tax year immediately preceding the  date  of
making  application  for  exemption  exceeds  the  sum of three thousand
dollars, or such other sum not less than three thousand dollars nor more
than twenty-six thousand dollars beginning July first, two thousand six,
twenty-seven thousand dollars beginning July first, two thousand  seven,
twenty-eight  thousand dollars beginning July first, two thousand eight,
and twenty-nine thousand dollars  beginning  July  first,  two  thousand
nine,  as  may  be  provided  by  the local law, ordinance or resolution
adopted pursuant to this section. Income tax year shall mean the  twelve
month  period  for  which  the  owner or owners filed a federal personal
income tax return, or if no such return is  filed,  the  calendar  year.
Where  title is vested in either the husband or the wife, their combined
income may not exceed such sum, except where the  husband  or  wife,  or
ex-husband or ex-wife is absent from the property as provided in subpar-
agraph  (ii)  of paragraph (d) of this subdivision, then only the income
of the spouse or ex-spouse residing on the property shall be  considered
and  may  not exceed such sum. Such income shall include social security
and retirement benefits, interest, dividends, total gain from  the  sale
or  exchange  of  a capital asset which may be offset by a loss from the
sale or exchange of a capital asset in the same  income  tax  year,  net

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00185-01-3

S. 362                              2

rental  income, salary or earnings, and net income from self-employment,
but shall not include a return of capital, gifts, inheritances,  VETERAN
DISABILITY  COMPENSATION,  AS  DEFINED  IN TITLE 38 OF THE UNITED STATES
CODE, payments made to individuals because of their status as victims of
Nazi  persecution,  as  defined in P.L. 103-286 or monies earned through
employment in the federal foster grandparent program and any such income
shall be offset by all medical and prescription drug  expenses  actually
paid  which were not reimbursed or paid for by insurance, if the govern-
ing board of a municipality, after a public hearing, adopts a local law,
ordinance or resolution providing therefor.   Furthermore,  such  income
shall  not  include the proceeds of a reverse mortgage, as authorized by
section six-h of the banking law, and sections two  hundred  eighty  and
two  hundred  eighty-a of the real property law; provided, however, that
monies used to repay a reverse mortgage may not be deducted from income,
and provided additionally that any interest or dividends  realized  from
the  investment of reverse mortgage proceeds shall be considered income.
The provisions of this paragraph notwithstanding, such income shall  not
include  veterans disability compensation, as defined in Title 38 of the
United States Code provided the governing board  of  such  municipality,
after  public  hearing,  adopts  a  local  law,  ordinance or resolution
providing therefor.  In computing net rental income and net income  from
self-employment  no  depreciation  deduction  shall  be  allowed for the
exhaustion, wear and tear of real or  personal  property  held  for  the
production of income;
  S  2.  This act shall take effect immediately and shall apply to those
assessment rolls having a taxable status date on or after January  first
of  the  year  next  succeeding the year in which it shall have become a
law.

Co-Sponsors

S362A (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A2580A
Current Committee:
Law Section:
Real Property Tax Law
Laws Affected:
Amd §467, RPT L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S6976, A2277
2009-2010: A3086

S362A (ACTIVE) - Bill Texts

view summary

Exempts veteran disability payments from inclusion as income of persons sixty-five years of age or over to determine eligibility for a real property tax exemption.

view sponsor memo
BILL NUMBER:S362A

TITLE OF BILL: An act to amend the real property tax law, in relation
to the senior citizen exemption and veteran disability compensation

PURPOSE OR GENERAL IDEA OF BILL: This bill deducts veterans' disability
compensation used to calculate senior citizen real property tax
exemptions.

SUMMARY OF SPECIFIC PROVISIONS: Paragraph (a) of subdivision 3 of
section 467 of the Real Property Tax Law would be amended to eliminate
veterans' disability compensation for purposes of determining income
eligibility for the senior citizen exemption.

Section one of the bill is a technical amendment incorporating a prior
amendment to the paragraph.

JUSTIFICATION: Disabled United States armed forces members cannot deduct
compensation payments for injuries received in war from their income
when applying for the senior citizen exemption, even though such
deductions are available to other applicants. This bill attempts to
create equity within the system to all classes of applicants for the
senior citizen tax exemption.

PRIOR LEGISLATIVE HISTORY: 2011: A.2277 Referred to Veterans Affairs
2012: S.6976 Died in Rules/A.2277 Referred to Veterans Affairs

FISCAL IMPLICATIONS: None to the state.

EFFECTIVE DATE: Immediately upon enactment and applies to assessment
rolls commencing after the following January 1st; the technical amend-
ment contained in section one of the bill shall be deemed to have been
in effect since September 9, 2003.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 362--A
    Cal. No. 185

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sens.  KENNEDY, AVELLA, LARKIN -- read twice and ordered
  printed, and when printed to be committed to the Committee on Aging --
  reported favorably from said committee, ordered to  first  and  second
  report,  ordered  to  a  third reading, amended and ordered reprinted,
  retaining its place in the order of third reading -- reported  favora-
  bly  from  said  committee  and committed to the Committee on Rules --
  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 senior
  citizen exemption and veteran disability compensation

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

  Section  1.  Paragraph (a) of subdivision 3 of section 467 of the real
property tax law, as amended by chapter 259 of  the  laws  of  2009,  is
amended to read as follows:
  (a) if the income of the owner or the combined income of the owners of
the  property  for the income tax year immediately preceding the date of
making application for exemption  exceeds  the  sum  of  three  thousand
dollars, or such other sum not less than three thousand dollars nor more
than twenty-six thousand dollars beginning July first, two thousand six,
twenty-seven  thousand dollars beginning July first, two thousand seven,
twenty-eight thousand dollars beginning July first, two thousand  eight,
and  twenty-nine  thousand  dollars  beginning  July first, two thousand
nine, as may be provided by  the  local  law,  ordinance  or  resolution
adopted  pursuant to this section. Income tax year shall mean the twelve
month period for which the owner or  owners  filed  a  federal  personal
income  tax  return,  or  if no such return is filed, the calendar year.
Where title is vested in either the husband or the wife, their  combined
income  may  not  exceed  such sum, except where the husband or wife, or
ex-husband or ex-wife is absent from the property as provided in subpar-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00185-02-3

S. 362--A                           2

agraph (ii) of paragraph (d) of this subdivision, then only  the  income
of  the spouse or ex-spouse residing on the property shall be considered
and may not exceed such sum. Such income shall include  social  security
and  retirement  benefits, interest, dividends, total gain from the sale
or exchange of a capital asset which may be offset by a  loss  from  the
sale  or  exchange  of  a capital asset in the same income tax year, net
rental income, salary or earnings, and net income from  self-employment,
but  shall not include a return of capital, gifts, inheritances, VETERAN
DISABILITY COMPENSATION, AS DEFINED IN TITLE 38  OF  THE  UNITED  STATES
CODE, payments made to individuals because of their status as victims of
Nazi  persecution,  as  defined in P.L. 103-286 or monies earned through
employment in the federal foster grandparent program and any such income
shall be offset by all medical and prescription drug  expenses  actually
paid  which were not reimbursed or paid for by insurance, if the govern-
ing board of a municipality, after a public hearing, adopts a local law,
ordinance or resolution providing therefor.   Furthermore,  such  income
shall  not  include the proceeds of a reverse mortgage, as authorized by
section six-h of the banking law, and sections two  hundred  eighty  and
two  hundred  eighty-a of the real property law; provided, however, that
monies used to repay a reverse mortgage may not be deducted from income,
and provided additionally that any interest or dividends  realized  from
the  investment of reverse mortgage proceeds shall be considered income.
[The provisions of this paragraph notwithstanding, such income shall not
include veterans disability compensation, as defined in Title 38 of  the
United  States  Code  provided the governing board of such municipality,
after public hearing,  adopts  a  local  law,  ordinance  or  resolution
providing  therefor.] In computing net rental income and net income from
self-employment no depreciation  deduction  shall  be  allowed  for  the
exhaustion,  wear  and  tear  of  real or personal property held for the
production of income;
  S 2. This act shall take effect immediately and shall apply  to  those
assessment  rolls having a taxable status date on or after January first
of the year next succeeding the year in which it  shall  have  become  a
law.

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