Assembly Bill A8135

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8135
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               May 31, 2017
                                ___________
 
 Introduced by M. of A. CUSICK -- read once and referred to the Committee
   on Veterans' Affairs
 
 AN  ACT  to  amend the real property tax law, in relation to authorizing
   counties, cities, towns, villages and school districts  to  extend  or
   make permanent the granting of the exemption for Cold War veterans

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subparagraph (iii) of paragraph (c)  of  subdivision  2  of
 section  458-b  of  the  real property tax law, as separately amended by
 chapters 22 and 253 of the laws of 2016, is amended to read as follows:
   (iii) The exemption provided by  paragraph  (a)  of  this  subdivision
 shall INITIALLY be granted for a period of ten years, AND MAY THEREAFTER
 BE  EXTENDED FOR AN ADDITIONAL PERIOD OF TEN YEARS OR BE MADE PERMANENT.
 The commencement of such [ten year] EXEMPTION period shall  be  governed
 pursuant  to  this subparagraph. Where a qualified owner owns qualifying
 residential real property on the effective date  of  the  local  law  or
 resolution providing for such exemption, such [ten year] EXEMPTION peri-
 od  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 quali-
 fied  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] EXEMPTION 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 qualifying
 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] EXEMPTION
 period  shall  be  measured  from the first assessment roll in which the
 exemption occurs. If, before the expiration of such [ten year] EXEMPTION
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD11180-03-7

 A. 8135                             2
 
 period, such exempt property is sold and replaced with other residential
 real property, such exemption may be granted pursuant to  this  subdivi-
 sion  for the unexpired portion of the [ten year] exemption period. Each
 county,  city,  town  or  village may adopt a local law, and each school
 district may adopt a resolution, to reduce the maximum exemption  allow-
 able  in  paragraphs  (a)  and  (b)  of this subdivision to six thousand
 dollars, nine thousand dollars and thirty thousand dollars,  respective-
 ly,  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 each 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 thou-
 sand dollars and fifty thousand dollars, respectively;  twelve  thousand
 dollars,  eighteen  thousand dollars and sixty thousand dollars, respec-
 tively; fourteen  thousand  dollars,  twenty-one  thousand  dollars  and
 seventy  thousand dollars, respectively; sixteen thousand dollars, twen-
 ty-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 thou-
 sand 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;  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; and thirty thousand dollars, forty-five  thousand  dollars
 and  one  hundred  fifty  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; thirty-eight thousand dollars,
 fifty-seven thousand dollars and one hundred  ninety  thousand  dollars,
 respectively;  forty  thousand  dollars,  sixty thousand dollars and two
 hundred thousand  dollars,  respectively;  forty-two  thousand  dollars,
 sixty-three  thousand  dollars  and  two  hundred  ten thousand dollars,
 respectively; forty-four thousand dollars,  sixty-six  thousand  dollars
 and  two  hundred twenty thousand dollars, respectively; forty-six thou-
 sand dollars, sixty-nine thousand dollars and two hundred  thirty  thou-
 sand  dollars,  respectively;  forty-eight thousand dollars, seventy-two
 thousand dollars and two hundred forty thousand  dollars,  respectively;
 fifty  thousand  dollars,  seventy-five thousand dollars and two hundred
 fifty thousand dollars, respectively. 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. 8135                             3
 
 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.
   §  2.  This  act shall take effect immediately; provided however, that
 the extension of the exemption granted pursuant to section 458-b of  the
 real  property  tax  law  for an additional period of ten years or to be
 made permanent, as authorized by section one of  this  act,  shall  only
 become effective in a county, city, town, village or school district, on
 the  first  taxable status date occurring on or after the effective date
 of a local law of resolution which authorizes  such  extension  of  such
 exemption  for  the  additional period of ten years or to be made perma-
 nent, to qualified owners of qualifying real property within such  coun-
 ty, city, town, village or school district.