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Senate Bill S1913A

2015-2016 Legislative Session

Relates to allowing a physically disabled surviving spouse who was married to an enhanced STAR qualifying individual to continue to receive the exemption

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Archive: Last Bill Status - In Assembly Committee

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co-Sponsors

2015-S1913 - Details

Current Committee:
Assembly Real Property Taxation
Law Section:
Real Property Tax Law
Laws Affected:
Amd §425, RPT L
Versions Introduced in Other Legislative Sessions:
2009-2010: S262
2011-2012: S134
2013-2014: S1357
2017-2018: S2613
2019-2020: S1963

2015-S1913 - Summary

Relates to allowing a physically disabled surviving spouse who was married to an enhanced STAR qualifying individual to continue to receive the exemption even if the surviving spouse is not sixty-two years of age.

2015-S1913 - Sponsor Memo

2015-S1913 - Bill Text download pdf 

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

                                  1913

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            January 15, 2015
                               ___________

Introduced  by  Sens. LITTLE, RANZENHOFER, RITCHIE, SAVINO -- 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 extending  the
  enhanced  STAR  exemption to the disabled surviving spouse of a previ-
  ously qualifying individual

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

  Section  1.  Subparagraph  (iii)  of paragraph (a) of subdivision 4 of
section 425 of the real property tax law, as added by section 4 of  part
A of chapter 405 of the laws of 1999, is amended to read as follows:
  (iii)  In  the case of property owned by husband and wife, one of whom
is sixty-five years of age or over, the exemption, once  granted,  shall
not be rescinded solely because of the death of the older spouse so long
as  the  surviving spouse is at least sixty-two years of age OR IS PHYS-
ICALLY DISABLED as of the date specified in this paragraph.  TO  QUALIFY
AS  PHYSICALLY  DISABLED FOR THE PURPOSES OF THIS SUBPARAGRAPH, AN INDI-
VIDUAL SHALL SUBMIT TO THE ASSESSOR A CERTIFIED STATEMENT FROM A  PHYSI-
CIAN  LICENSED  TO  PRACTICE  IN THE STATE ON A FORM PRESCRIBED AND MADE
AVAILABLE BY THE COMMISSIONER WHICH STATES THAT  THE  INDIVIDUAL  HAS  A
PERMANENT  PHYSICAL IMPAIRMENT WHICH SUBSTANTIALLY LIMITS ONE OR MORE OF
SUCH INDIVIDUAL'S MAJOR LIFE ACTIVITIES, EXCEPT THAT AN  INDIVIDUAL  WHO
HAS  OBTAINED  A  CERTIFICATE FROM THE STATE COMMISSION FOR THE VISUALLY
HANDICAPPED STATING THAT SUCH INDIVIDUAL IS  LEGALLY  BLIND  MAY  SUBMIT
SUCH CERTIFICATE IN LIEU OF A PHYSICIAN'S CERTIFIED STATEMENT. THE OTHER
REQUIREMENTS  OF  THIS  SUBDIVISION  MUST  STILL BE MET FOR THE ENHANCED
EXEMPTION TO BE GRANTED TO A SURVIVING SPOUSE UNDER THIS SUBPARAGRAPH.
  S 2. This act shall take effect immediately and  shall  apply  to  the
administration  of  the  enhanced  STAR  exemption  beginning  with  the
2015-2016 school year.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04812-01-5

co-Sponsors

2015-S1913A (ACTIVE) - Details

Current Committee:
Assembly Real Property Taxation
Law Section:
Real Property Tax Law
Laws Affected:
Amd §425, RPT L
Versions Introduced in Other Legislative Sessions:
2009-2010: S262
2011-2012: S134
2013-2014: S1357
2017-2018: S2613
2019-2020: S1963

2015-S1913A (ACTIVE) - Summary

Relates to allowing a physically disabled surviving spouse who was married to an enhanced STAR qualifying individual to continue to receive the exemption even if the surviving spouse is not sixty-two years of age.

2015-S1913A (ACTIVE) - Sponsor Memo

2015-S1913A (ACTIVE) - Bill Text download pdf 

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

                                 1913--A

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            January 15, 2015
                               ___________

Introduced  by  Sens.  LITTLE,  ADDABBO, RANZENHOFER, RITCHIE, SAVINO --
  read twice and ordered printed, and when printed to  be  committed  to
  the  Committee  on  Aging  -- recommitted to the Committee on Aging in
  accordance with Senate Rule 6, sec. 8 --  committee  discharged,  bill
  amended,  ordered reprinted as amended and recommitted to said commit-
  tee

AN ACT to amend the real property tax law, in relation to extending  the
  enhanced  STAR  exemption to the disabled surviving spouse of a previ-
  ously qualifying individual

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

  Section  1.  Subparagraph  (iii)  of paragraph (a) of subdivision 4 of
section 425 of the real property tax law, as added by section 4 of  part
A of chapter 405 of the laws of 1999, is amended to read as follows:
  (iii)  In  the case of property owned by husband and wife, one of whom
is sixty-five years of age or over, the exemption, once  granted,  shall
not be rescinded solely because of the death of the older spouse so long
as  the  surviving spouse is at least sixty-two years of age OR IS PHYS-
ICALLY DISABLED as of the date specified in this paragraph.  TO  QUALIFY
AS  PHYSICALLY  DISABLED FOR THE PURPOSES OF THIS SUBPARAGRAPH, AN INDI-
VIDUAL SHALL SUBMIT TO THE ASSESSOR A CERTIFIED STATEMENT FROM A  PHYSI-
CIAN  LICENSED  TO  PRACTICE  IN THE STATE ON A FORM PRESCRIBED AND MADE
AVAILABLE BY THE COMMISSIONER WHICH STATES THAT  THE  INDIVIDUAL  HAS  A
PERMANENT  PHYSICAL IMPAIRMENT WHICH SUBSTANTIALLY LIMITS ONE OR MORE OF
SUCH INDIVIDUAL'S MAJOR LIFE ACTIVITIES, EXCEPT THAT AN  INDIVIDUAL  WHO
HAS  OBTAINED  A  CERTIFICATE FROM THE STATE COMMISSION FOR THE VISUALLY
HANDICAPPED STATING THAT SUCH INDIVIDUAL IS  LEGALLY  BLIND  MAY  SUBMIT
SUCH CERTIFICATE IN LIEU OF A PHYSICIAN'S CERTIFIED STATEMENT. THE OTHER
REQUIREMENTS  OF  THIS  SUBDIVISION  MUST  STILL BE MET FOR THE ENHANCED
EXEMPTION TO BE GRANTED TO A SURVIVING SPOUSE UNDER THIS SUBPARAGRAPH.
  S 2. This act shall take effect immediately and  shall  apply  to  the
administration  of  the  enhanced  STAR  exemption  beginning  with  the
2016-2017 school year.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

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