S T A T E O F N E W Y O R K
________________________________________________________________________
5347--B
2015-2016 Regular Sessions
I N A S S E M B L Y
February 18, 2015
___________
Introduced by M. of A. CUSICK -- read once and referred to the Committee
on Veterans' Affairs -- committee discharged, bill amended, ordered
reprinted as amended and recommitted to said committee -- recommitted
to the Committee on Veterans' Affairs in accordance with Assembly Rule
3, sec. 2 -- 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 veterans
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Paragraph 3 of subdivision 1 of section 458 of the real
property tax law, as amended by chapter 733 of the laws of 1959, is
amended to read as follows:
(3) If the assessors are satisfied that the applicant is entitled to
any exemption, they shall make appropriate entries upon the assessment-
roll opposite the description of such property and subtract the total
amount of such exemption from the total amount assessed pursuant to the
provisions of paragraph one of this subdivision. Such entries shall be
made and continued in each assessment of the property so long as it is
exempt from taxation for any purpose. Such real property, to the extent
of the exemption entered by the assessors, shall be exempt from state,
county and general municipal taxation[, but shall be taxable for local
school purposes]. THE GOVERNING BODY OF A SCHOOL DISTRICT IN WHICH SUCH
PROPERTY IS LOCATED OR, IN THE CASE OF A CITY WITH A POPULATION OF ONE
MILLION OR MORE, THE LOCAL LEGISLATIVE BODY, MAY, AFTER PUBLIC HEARINGS,
ADOPT A LOCAL LAW, ORDINANCE OR RESOLUTION PROVIDING FOR AN EXEMPTION
FOR LOCAL SCHOOL PURPOSES. The provisions herein, relating to the
assessment and exemption of property purchased with eligible funds apply
and shall be enforced in each municipal corporation authorized to levy
taxes.
S 2. Paragraph (a) of subdivision 5 of section 458 of the real proper-
ty tax law, as amended by chapter 625 of the laws of 1995, and as
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03419-07-6
A. 5347--B 2
further amended by subdivision (b) of section 1 of part W of chapter 56
of the laws of 2010, is amended to read as follows:
(a) Notwithstanding the limitation on the amount of exemption
prescribed in subdivision one or two of this section, upon adoption of a
local law by the governing board of a county, city, town [or], village,
SCHOOL DISTRICT OR, IN THE CASE OF A CITY WITH A POPULATION OF ONE
MILLION OR MORE, THE LOCAL LEGISLATIVE BODY, that levies taxes or for
which taxes are levied on an assessment roll, if the total assessed
value of the real property for which such exemption has been granted
increases or decreases as the result of a revaluation or update of
assessments, and a material change in level of assessment, as provided
in title two of article twelve of this chapter, is certified for the
assessment roll pursuant to the rules of the commissioner, the assessor
shall increase or decrease the amount of such exemption by multiplying
the amount of such exemption by the change in level of assessment
factor. If the assessor receives the certification after the completion,
verification and filing of the final assessment roll, the assessor shall
certify the amount of exemption as recomputed pursuant to this paragraph
to the local officers having custody and control of the roll, and such
local officers are hereby directed and authorized to enter the recom-
puted exemption certified by the assessor on the roll.
S 3. Subparagraph (ii) of paragraph (d) of subdivision 5 of section
458 of the real property tax law, as added by chapter 178 of the laws of
1997, is amended to read as follows:
(ii) An assessing unit which finally files a change in level of
assessment roll in or after the calendar year nineteen hundred ninety-
eight may, pursuant to local law, ORDINANCE OR RESOLUTION adopted by the
governing board of a county, city, town [or], village, SCHOOL DISTRICT
OR, IN THE CASE OF A CITY WITH A POPULATION OF ONE MILLION OR MORE, THE
LOCAL LEGISLATIVE BODY, that levies taxes or for which taxes are levied
on an assessment roll, grant to every veteran who is entitled to any
additional eligible funds a recompute exemption in lieu of the exemption
otherwise authorized by this subdivision. Such recompute exemption may
be granted on any change in level of assessment roll filed in or after
calendar year nineteen hundred ninety-eight. A local law adopted pursu-
ant to this paragraph [(d)] shall not be subject to referendum.
S 4. Subparagraph (i) of paragraph (a) of subdivision 6 of section 458
of the real property tax law, as amended by chapter 625 of the laws of
1995, is amended to read as follows:
(i) Except as otherwise provided in subparagraph (ii) of this para-
graph, no new exemption may be granted pursuant to subdivision one or
former subdivision five of this section on an assessment roll based upon
a taxable status date occurring on or after March second, nineteen
hundred eighty-six, except for purposes of taxes levied by or on behalf
of a county, city, town or village that has enacted and has in effect a
local law as provided in PARAGRAPH (A) OF subdivision four of section
four hundred fifty-eight-a of this [chapter] TITLE. Notwithstanding the
foregoing, the owner of real property receiving an exemption pursuant to
subdivision one or former subdivision five of this section prior to
March second, nineteen hundred eighty-six may continue to receive the
exemption on the property to which it is applicable.
S 5. Subdivision 9 of section 458 of the real property tax law, as
amended by chapter 538 of the laws of 2015, is amended to read as
follows:
9. Notwithstanding the provisions of subdivision one of this section,
the governing body of any municipality may, after public hearing, adopt
A. 5347--B 3
a local law, ordinance or resolution providing where a veteran, the
spouse of the veteran or unremarried surviving spouse already receiving
an exemption pursuant to this section sells the property receiving the
exemption and purchases property within the same county OR SCHOOL
DISTRICT, or in the case of a city having a population of one million or
more persons, within the same city, the assessor shall transfer and
prorate, for the remainder of the fiscal year, the exemption which the
veteran, the spouse of the veteran or unremarried surviving spouse
received. The prorated exemption shall be based upon the date the veter-
an, the spouse of the veteran or unremarried surviving spouse obtains
title to the new property and shall be calculated by multiplying the tax
rate or rates for each municipal corporation which levied taxes, or for
which taxes were levied, on the appropriate tax roll used for the fiscal
year or years during which the transfer occurred times the previously
granted exempt amount times the fraction of each fiscal year or years
remaining subsequent to the transfer of title. Nothing in this section
shall be construed to remove the requirement that any such veteran, the
spouse of the veteran or unremarried surviving spouse transferring an
exemption pursuant to this subdivision shall reapply for the exemption
authorized pursuant to this section on or before the following taxable
status date, in the event such veteran, the spouse of the veteran or
unremarried surviving spouse wishes to receive the exemption in future
fiscal years.
S 6. This act shall take effect immediately.