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

                                  4296

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            February 1, 2013
                               ___________

Introduced  by M. of A. RAIA, KOLB, SALADINO, STEVENSON, MALLIOTAKIS, RA
  -- Multi-Sponsored by -- M. of A. BARCLAY,  BUTLER,  CERETTO,  DUPREY,
  FINCH,  FITZPATRICK, GIGLIO, HAWLEY, JOHNS, McDONOUGH, McKEVITT, OAKS,
  TEDISCO, THIELE -- read once and referred to  the  Committee  on  Real
  Property Taxation

AN  ACT to amend the real property tax law, in relation to the veteran's
  alternative exemption

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

  Section  1.  Paragraphs  (a),  (b),  (c)  and  (d) of subdivision 2 of
section 458-a of the real property tax law, paragraph (a) as amended  by
chapter 899 of the laws of 1985, paragraph (b) as amended by chapter 473
of the laws of 2004, paragraph (c) as amended by chapter 100 of the laws
of  1988, paragraph (d) as added by chapter 525 of the laws of 1984, and
subparagraph (ii) of paragraph (d) as amended by chapter 256 of the laws
of 2005 and as further amended by section 1 of part W of charter  56  of
the laws of 2010, are amended to read as follows:
  (a) Qualifying residential real property shall be exempt from taxation
to the extent of fifteen percent of the assessed value of such property;
provided, however, that such exemption shall not exceed [twelve] FIFTEEN
thousand  dollars  or  the  product of [twelve] FIFTEEN thousand dollars
multiplied by the latest state equalization rate for the assessing unit,
or in the case of a special assessing  unit,  the  latest  class  ratio,
whichever is less.
  (b)  In  addition  to  the exemption provided by paragraph (a) of this
subdivision, where the veteran served in a combat theatre or combat zone
of operations, as documented by the award of a  United  States  campaign
ribbon  or  service medal, or the armed forces expeditionary medal, navy
expeditionary medal, marine corps expeditionary medal, or global war  on
terrorism expeditionary medal, qualifying residential real property also
shall  be  exempt  from  taxation  to  the  extent of ten percent of the

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01446-01-3
              

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assessed value of such property; provided, however, that such  exemption
shall  not exceed [eight] TEN thousand dollars or the product of [eight]
TEN thousand dollars multiplied by the latest  state  equalization  rate
for  the assessing unit, or in the case of a special assessing unit, the
class ratio, whichever is less.
  (c) In addition to the exemptions provided by paragraphs (a)  and  (b)
of  this  subdivision,  where the veteran received a compensation rating
from the United States  veteran's  administration  or  from  the  United
States  department of defense because of a service connected disability,
qualifying residential real property shall be exempt  from  taxation  to
the  extent of the product of the assessed value of such property multi-
plied by fifty percent of the  veteran's  disability  rating;  provided,
however,  that  such  exemption  shall not exceed [forty] FIFTY thousand
dollars or the product of [forty] FIFTY thousand dollars  multiplied  by
the  latest  state  equalization  rate for the assessing unit, or in the
case of a special assessing unit, the latest class ratio,  whichever  is
less.  For  purposes of this paragraph, where a person who served in the
active military, naval or air service during a period  of  war  died  in
service  of  a service connected disability, such person shall be deemed
to have been assigned a compensation rating of one hundred percent.
  (d) Limitations. (i) The exemption  from  taxation  provided  by  this
subdivision  shall be applicable to county, city, town and village taxa-
tion, but shall not be applicable to taxes levied for school purposes.
  (ii) Each county, city, town or village  may  adopt  a  local  law  to
reduce the maximum exemption allowable in paragraphs (a), (b) and (c) of
this  subdivision to TWELVE THOUSAND DOLLARS, EIGHT THOUSAND DOLLARS AND
FORTY THOUSAND DOLLARS, RESPECTIVELY OR nine thousand dollars, six thou-
sand dollars and thirty thousand dollars, respectively, or six  thousand
dollars,  four thousand dollars and twenty thousand dollars, respective-
ly. Each county, city, town, or village is also authorized  to  adopt  a
local law to increase the maximum exemption allowable in paragraphs (a),
(b)  and  (c) of this subdivision to fifteen thousand dollars, ten thou-
sand dollars and fifty thousand dollars, respectively; eighteen thousand
dollars, twelve thousand dollars and sixty thousand dollars, respective-
ly; twenty-one thousand dollars, fourteen thousand dollars, and  seventy
thousand  dollars,  respectively;  twenty-four thousand dollars, sixteen
thousand dollars, and eighty thousand dollars, respectively; twenty-sev-
en thousand dollars, eighteen  thousand  dollars,  and  ninety  thousand
dollars, respectively; thirty thousand dollars, twenty thousand dollars,
and  one  hundred  thousand dollars, respectively; thirty-three thousand
dollars, twenty-two thousand  dollars,  and  one  hundred  ten  thousand
dollars, respectively; thirty-six thousand dollars, twenty-four thousand
dollars, and one hundred twenty thousand dollars, respectively. In addi-
tion,  a  county,  city,  town  or village 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),
(b)  and  (c) of this subdivision to thirty-nine thousand dollars, twen-
ty-six thousand  dollars,  and  one  hundred  thirty  thousand  dollars,
respectively; forty-two thousand dollars, twenty-eight thousand dollars,
and  one  hundred forty thousand dollars, respectively; forty-five thou-
sand dollars, thirty thousand dollars and  one  hundred  fifty  thousand
dollars, respectively; forty-eight thousand dollars, thirty-two thousand
dollars  and one hundred sixty thousand dollars, respectively; fifty-one
thousand dollars, thirty-four thousand dollars and one  hundred  seventy
thousand  dollars, respectively; fifty-four thousand dollars, thirty-six
thousand dollars and one hundred eighty thousand dollars,  respectively.

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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 commissioner has established 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  2.  This act shall take effect immediately and shall apply to taxes
levied on assessment rolls completed on and after July 1, 2002.