S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7931--A
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               May 19, 2017
                                ___________
 
 Introduced by M. of A. ABINANTI -- read once and referred to the Commit-
   tee  on  Real Property Taxation -- 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  granting
   enhanced STAR benefits to 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 and the subdivision heading,
 opening paragraph and paragraph (a) of subdivision 4 of section  425  of
 the  real property tax law, paragraph (a) of subdivision 2 as amended by
 section 1 and subparagraph (i) of paragraph  (a)  of  subdivision  4  as
 amended  by  section  2 of part E of chapter 83 of the laws of 2002, the
 subdivision heading and opening paragraph of subdivision 4 as  added  by
 section 1 of part B of chapter 389 of the laws of 1997 and paragraph (a)
 of subdivision 4 as amended by section 4 of part A of chapter 405 of the
 laws of 1999, are amended to read as follows:
   (a)  Overview.  There shall be two variations of the exemption author-
 ized by this section: an exemption for property  owned  by  persons  who
 satisfy  the  criteria  set  forth in subdivision three of this section,
 which shall be known as the "basic" STAR exemption, and an exemption for
 property owned by senior citizens AND VETERANS who satisfy the  criteria
 set  forth  in  both  subdivisions three and four of this section, which
 shall be known as the "enhanced" STAR exemption. The exempt  amount  for
 each  assessing  unit  shall be determined annually as set forth in this
 subdivision, by multiplying the "base figure" by the  locally-applicable
 "sales  price  differential  factor," if any, multiplying the product by
 the appropriate "equalization factor" for the assessing  unit,  and,  if
 necessary,  increasing  the  result to equal the applicable "floor." The
 result is then rounded to the nearest multiple of ten dollars.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10759-07-7

              

 A. 7931--A                          2
 
   Senior citizens AND VETERANS.   The enhanced  exemption  for  property
 owned by senior citizens AND VETERANS shall be provided where all of the
 following requirements are satisfied:
   (a)  Age  OR VETERAN STATUS.   (i) All of the owners must be EITHER at
 least sixty-five years of age or [older] VETERANS as of the date  speci-
 fied  herein, or in the case of property owned by husband and wife or by
 siblings, one of the owners must be EITHER at least sixty-five years  of
 age  OR  A  VETERAN  as  of that date and the property must serve as the
 primary residence of that owner. For the two thousand--two thousand  one
 school year, eligibility for the exemption shall be based upon age as of
 December  thirty-first,  two  thousand. For each subsequent school year,
 the applicable date shall be advanced by one year.
   (ii) The term "siblings" as used herein shall have the same meaning as
 set forth in section four hundred sixty-seven of this article.
   (II-A) THE TERM "VETERAN" AS USED HEREIN SHALL HAVE THE SAME  MEANINGS
 AS  SET  FORTH  IN  SECTION  FOUR HUNDRED FIFTY-EIGHT-A AND SECTION FOUR
 HUNDRED FIFTY-EIGHT-B OF THIS ARTICLE.
   (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  as  of  the
 date specified in this paragraph.
   (IV) IN THE CASE OF PROPERTY OWNED BY HUSBAND AND WIFE, ONE OF WHOM IS
 A  VETERAN,  THE  EXEMPTION, ONCE GRANTED, SHALL NOT BE RESCINDED SOLELY
 BECAUSE OF THE DEATH OF THE VETERAN SPOUSE  SO  LONG  AS  THE  SURVIVING
 SPOUSE IS A VETERAN.
   (V)  IN  THE  CASE OF PROPERTY OWNED BY A VETERAN WHO IS ALSO AT LEAST
 SIXTY-FIVE YEARS OF AGE, SUCH PROPERTY SHALL  BE  SUBJECT  TO  BOTH  THE
 SENIOR  CITIZEN  ENHANCED  STAR  BENEFIT AS WELL AS HALF OF THE VETERANS
 ENHANCED STAR BENEFIT.
   (VI) IN THE CASE OF PROPERTY OWNED BY A VETERAN THAT HAS BEEN  GRANTED
 AN  EXEMPTION  UNDER  EITHER  SECTION FOUR HUNDRED FIFTY-EIGHT-A OR FOUR
 HUNDRED FIFTY-EIGHT-B OF THIS ARTICLE BY A SCHOOL DISTRICT, THE PROPERTY
 SHALL NOT BE ELIGIBLE FOR THE VETERANS ENHANCED STAR BENEFIT.
   § 2. This act shall take effect immediately and shall apply to all tax
 years commencing on or after it shall have become a law.