senate Bill S6468

2013-2014 Legislative Session

Authorizes school districts to grant the Cold War veterans' 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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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 28, 2014 referred to veterans, homeland security and military affairs

Co-Sponsors

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S6468 - Bill Details

See Assembly Version of this Bill:
A8694
Current Committee:
Law Section:
Real Property Tax Law
Laws Affected:
Amd ยง458-b, RPT L

S6468 - Bill Texts

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Authorizes school districts to grant the Cold War veterans' real property tax exemption.

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BILL NUMBER:S6468

TITLE OF BILL: An act to amend the real property tax law, in relation
to authorizing school districts to grant an exemption to Cold War veter-
ans

PURPOSE:

To authorize the governing body of a school district to grant eligible
Cold War veterans an exemption from school taxes.

SUMMARY OF PROVISIONS:

Section 1-3: Amends subdivision 2 of section 458-b of the real property
tax law.

Section 4: Effective Date

JUSTIFICATION:

Sections 458-a and 458-b of the Real Property Tax law provide exemptions
for real property taxation for qualified residential real property owned
by certain veterans. Section 458-a is available to veterans of defined
periods of war, veterans who received expeditionary medals or certain
members of their family. Section 458-b provides a real property tax
exemption for Cold War veterans or certain members of their family.

Last year, Chapter 518 of the Laws of 2013, amended Section 458-a to
authorize the governing, body of a school district to grant the afore-
mentioned veterans an alternative exemption from school taxes. However,
Chapter 518 did not amend Section 458-b and as a result Cold War veter-
ans are not able to receive a similar exemption from their school taxes.
This legislation simply seeks to correct this discrepancy and extend to
Cold War veterans the same benefits offered to other veterans.

LEGISLATIVE HISTORY:

New Bill.

FISCAL IMPLICATIONS:

None to State.

EFFECTIVE DATE:

Immediately.

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

                                  6468

                            I N  S E N A T E

                            January 28, 2014
                               ___________

Introduced  by  Sen.  LARKIN -- 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  authorizing
  school districts to grant an exemption to 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 may adopt a local law, AND EACH
SCHOOL DISTRICT MAY ADOPT A RESOLUTION, to provide that qualifying resi-
dential  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 assessing 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  howev-
er,  that such exemption shall not exceed twelve thousand dollars or the
product of twelve thousand dollars multiplied by the latest state equal-
ization rate for the assessing unit,  or,  in  the  case  of  a  special
assessing unit, the latest class ratio, whichever is less.
  S  2. Subparagraphs (i) and (iii) of paragraph (c) of subdivision 2 of
section 458-b of the real property tax law, as amended by chapter 235 of
the laws of 2009, subparagraph (iii) as further amended  by  subdivision
(b)  of  section  1  of  part  W  of chapter 56 of the laws of 2010, 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].
  (iii)  The  exemption  provided  by  paragraph (a) of this subdivision
shall be granted for a period of ten years. The commencement of such ten

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD13619-02-4

S. 6468                             2

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 OR RESOLUTION 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  OR  RESOLUTION  providing  for  such
exemption.  Where  a qualified owner does not own qualifying residential
real property on the effective date  of  the  local  law  OR  RESOLUTION
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 quali-
fying 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 property, 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 may adopt a local law,  AND  SCHOOL  DISTRICT  MAY
ADOPT  A  RESOLUTION, 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 is also authorized to
adopt a local law, AND  SCHOOL  DISTRICT  MAY  ADOPT  A  RESOLUTION,  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,  twenty-one  thousand  dollars  and  seventy thousand
dollars, respectively; sixteen thousand  dollars,  twenty-four  thousand
dollars  and  eighty  thousand  dollars, respectively; eighteen thousand
dollars, twenty-seven thousand  dollars  and  ninety  thousand  dollars,
respectively;  twenty  thousand 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  which  is  a  "high-appreciation  munici-
pality"  as  defined in this subparagraph is authorized to adopt a local
law, AND EACH SCHOOL DISTRICT WHICH IS WITHIN A HIGH-APPRECIATION  MUNI-
CIPALITY  IS  AUTHORIZED  TO ADOPT A RESOLUTION, 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 subpara-
graph, a "high-appreciation municipality" means: (A) a special assessing

S. 6468                             3

unit that is a city, (B) a county for which the commissioner has  estab-
lished  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 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 OR RESOLUTION 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 nine-
ty  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.

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