NY State Senate Bill 2017-S8406

Archive: Last Bill Status - In Assembly Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 07, 2018	referred to real property taxation delivered to assembly passed senate ordered to third reading cal.1046 committee discharged and committed to rules
May 04, 2018	referred to local government

Votes

- May 7, 2018 - Floor Vote
  S8406
  
  57
  
  Aye
  
  5
  
  Nay
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: May 7, 2018
      
      aye (57)
      
      Addabbo Jr.
      
      Akshar
      
      Alcantara
      
      Amedore
      
      Avella
      
      Bailey
      
      Benjamin
      
      Bonacic
      
      Boyle
      
      Breslin
      
      Brooks
      
      Carlucci
      
      Comrie
      
      Croci
      
      DeFrancisco
      
      Dilan
      
      Felder
      
      Flanagan
      
      Funke
      
      Gallivan
      
      Gianaris
      
      Golden
      
      Griffo
      
      Hamilton
      
      Hannon
      
      Helming
      
      Hoylman-Sigal
      
      Jacobs
      
      Kaminsky
      
      Kennedy
      
      Klein
      
      LaValle
      
      Lanza
      
      Larkin
      
      Little
      
      Marcellino
      
      Marchione
      
      Mayer
      
      Montgomery
      
      Murphy
      
      O'Mara
      
      Ortt
      
      Peralta
      
      Persaud
      
      Phillips
      
      Ranzenhofer
      
      Ritchie
      
      Robach
      
      Savino
      
      Serino
      
      Serrano
      
      Seward
      
      Stavisky
      
      Stewart-Cousins
      
      Tedisco
      
      Valesky
      
      Young
      
      nay (5)
      
      Kavanagh
      
      Krueger
      
      Parker
      
      Rivera
      
      Sanders Jr.
      
      excused (1)
      
      Sepúlveda
  May 7, 2018 - Rules Committee Vote
  S8406
  
  19
  
  Aye
  
  2
  
  Nay
  
  4
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: May 7, 2018
      
      aye (19)
      
      Bonacic
      
      Breslin
      
      DeFrancisco
      
      Flanagan
      
      Griffo
      
      Hannon
      
      Kennedy
      
      Klein
      
      LaValle
      
      Lanza
      
      Larkin
      
      Little
      
      Marcellino
      
      Ranzenhofer
      
      Robach
      
      Savino
      
      Seward
      
      Stewart-Cousins
      
      Valesky
      
      nay (2)
      
      Dilan
      
      Krueger
      
      aye wr (4)
      
      Gianaris
      
      Montgomery
      
      Parker
      
      Rivera

co-Sponsors

View additional co-sponsors

2017-S8406 (ACTIVE) - Details

Current Committee:: Assembly Real Property Taxation
Law Section:: Real Property Tax Law
Laws Affected:: Add §431, RPT L

2017-S8406 (ACTIVE) - Summary

Establishes the senior real property school tax elimination.

2017-S8406 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S8406

SPONSOR: LAVALLE
 
TITLE OF BILL:  An act to amend the real property tax law, in relation
to establishing the senior real property school tax elimination

 
PURPOSE:

This bill creates a senior school tax rate that phases in a yearly ten
percent reduction of school taxes, based on age of the eligible senior,
to reduce the burden that seniors face when paying the school tax
portions of their real property tax bills.

 
SUMMARY OF PROVISIONS:

Section 1 of the bill amends the Real Property Law to create a senior
real property school tax elimination, which will reduce and then elimi-
nate school taxes for homeowners who reach the age of seventy and quali-
fy for the enhanced STAR exemption. School property taxes would be
reduced by ten percent for those homeowners who are seventy years of age
by the taxable status date. Each year after, the reduction in school

taxes will increase by an additional ten percent until the homeowner
reaches the age of seventy-nine, at which time their school taxes will
be completely eliminated. If a married couple owns the home, only one of
the owners has to be seventy years old in order to qualify for this
reduction. A school district must adopt a resolution in order to partic-
ipate in this exemption. A participating school district will be reim-
bursed one hundred percent of the direct costs of such exemption,
provided the school district is in compliance with the property tax cap.

Section 2 of the bill contains the effective date.

 
JUSTIFICATION:

This bill would provide real property tax relief for seniors in New York
State. By creating a reduction of school taxes for seniors, this bill
mitigates one of the most costly expenses for senior homeowners, who
often live on fixed incomes and may struggle to pay their real property
tax liabilities. By reducing the financial burden of homeownership for
seniors, this bill may incentivize more seniors to stay in New York
State instead of relocating to states with less burdensome real property
tax rates.

 
LEGISLATIVE HISTORY:

New Bill.

 
FISCAL IMPLICATIONS:

None in fiscal year 2019; $274 million in fiscal year 2022; $556 million
in fiscal year 2023.

 
EFFECTIVE DATE:
This act shall take effect on the first of January 2021 and shall apply
to assessment rolls prepared on the basis of taxable status dates occur-
ring on or after such date.

2017-S8406 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8406
 
                             I N  S E N A T E
 
                                May 4, 2018
                                ___________
 
 Introduced  by  Sen. LAVALLE -- read twice and ordered printed, and when
   printed to be committed to the Committee on Local Government
 
 AN ACT to amend the real property tax law, in relation  to  establishing
   the senior real property school tax elimination
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. The real property tax  law  is  amended  by  adding  a  new
 section 431 to read as follows:
   §  431.  SENIOR  REAL  PROPERTY  SCHOOL  TAX ELIMINATION.   1. FOR THE
 PURPOSES OF THIS SECTION "QUALIFYING REAL PROPERTY" SHALL BE RESIDENTIAL
 REAL PROPERTY OWNED AND OCCUPIED BY ONE OR MORE PERSONS, EACH OF WHOM IS
 SEVENTY YEARS OF AGE OR OVER ON OR BEFORE THE  TAXABLE  STATUS  DATE  OF
 SUCH  TAXABLE  YEAR  AND MEETS EACH OF THE REQUIREMENTS FOR THE ENHANCED
 EXEMPTION FOR SENIOR CITIZENS SET FORTH IN SECTION FOUR HUNDRED  TWENTY-
 FIVE OF THIS ARTICLE, OR RESIDENTIAL REAL PROPERTY OWNED AND OCCUPIED BY
 HUSBAND  AND WIFE, ONE OF WHOM IS SEVENTY YEARS OF AGE OR OVER AND MEETS
 EACH OF THE REQUIREMENTS FOR THE ENHANCED EXEMPTION FOR SENIOR  CITIZENS
 SET  FORTH IN SECTION FOUR HUNDRED TWENTY-FIVE OF THIS ARTICLE, SHALL BE
 ELIGIBLE FOR THE REAL PROPERTY SCHOOL TAX ELIMINATION SET FORTH IN  THIS
 SECTION,  PROVIDED  THE  SCHOOL DISTRICT, AFTER PUBLIC HEARING, ADOPTS A
 RESOLUTION PROVIDING THEREFOR.
   2. ANY PERSON ELIGIBLE FOR THE REAL PROPERTY  SCHOOL  TAX  ELIMINATION
 SHALL  APPLY  ANNUALLY  FOR SUCH REDUCED RATE. SUCH APPLICATION SHALL BE
 MADE IN A MANNER AND FORM  DETERMINED  BY  THE  STATE  BOARD  AND  SHALL
 REQUIRE  PROOF  OF  THE APPLICANT'S AGE. SUCH APPLICATION SHALL BE FILED
 WITH THE DEPARTMENT OF TAXATION AND FINANCE ON  OR  BEFORE  THE  TAXABLE
 STATUS DATE FOR  SUCH DISTRICT.
   3.  THE  SCHOOL  PROPERTY  TAX  ON A QUALIFYING REAL PROPERTY SHALL BE
 REDUCED BY A PERCENTAGE WHEN AT LEAST ONE OF THE OWNERS OF SUCH QUALIFY-
 ING REAL PROPERTY IS SEVENTY YEARS OF AGE OR OVER BY THE FOLLOWING SCHE-
 DULE:
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD15621-02-8

 S. 8406                             2
 
 IF AT LEAST ONE OF THE
 OWNERS ATTAINS THE FOLLOWING AGE ON OR       THE REDUCTION IN THE SCHOOL
 BEFORE THE TAXABLE STATUS DATE:                   PROPERTY TAX SHALL BE:
 
 AGE SEVENTY;                                                 TEN PERCENT
 AGE SEVENTY-ONE;                                          TWENTY PERCENT
 AGE SEVENTY-TWO;                                          THIRTY PERCENT
 AGE SEVENTY-THREE;                                         FORTY PERCENT
 AGE SEVENTY-FOUR;                                          FIFTY PERCENT
 AGE SEVENTY-FIVE;                                          SIXTY PERCENT
 AGE SEVENTY-SIX;                                         SEVENTY PERCENT
 AGE SEVENTY-SEVEN;                                        EIGHTY PERCENT
 AGE SEVENTY-EIGHT;                                        NINETY PERCENT
 AGE SEVENTY-NINE AND ABOVE;                          ONE HUNDRED PERCENT
   4.  EVERY  SCHOOL DISTRICT SHALL NOTIFY, OR CAUSE TO BE NOTIFIED, EACH
 PERSON OWNING RESIDENTIAL REAL PROPERTY IN THE SCHOOL  DISTRICT  OF  THE
 PROVISIONS  OF  THIS SECTION. THE PROVISIONS  OF THIS SUBDIVISION MAY BE
 MET BY A NOTICE SENT TO SUCH PERSONS IN  SUBSTANTIALLY  THE    FOLLOWING
 FORM:  "RESIDENTIAL  REAL PROPERTY OWNED BY PERSONS SEVENTY YEARS OF AGE
 OR OLDER MAY BE ELIGIBLE FOR REDUCED SCHOOL  PROPERTY  TAX.  TO  RECEIVE
 SUCH  REDUCTION,  ELIGIBLE  OWNERS  OF  QUALIFYING PROPERTY MUST FILE AN
 APPLICATION WITH THE DEPARTMENT OF TAXATION AND FINANCE ON OR BEFORE THE
 APPLICABLE TAXABLE STATUS DATE. FOR FURTHER INFORMATION, PLEASE  CONTACT
 YOUR LOCAL ASSESSOR."
   5.  A SCHOOL DISTRICT WHICH PROVIDES A REAL PROPERTY TAX REDUCTION FOR
 PERSONS SEVENTY YEARS OF AGE OR OVER PURSUANT TO THIS SECTION  AND  THAT
 HAS  MET  THE REQUIREMENTS OF SECTION TWO THOUSAND TWENTY-THREE-B OF THE
 EDUCATION LAW SHALL BE ELIGIBLE FOR REIMBURSEMENT BY THE  DEPARTMENT  OF
 EDUCATION, AS APPROVED BY THE COMMISSIONER OF EDUCATION, IN CONSULTATION
 WITH  THE  COMMISSIONER OF TAXATION AND FINANCE, FOR ONE HUNDRED PERCENT
 OF THE DIRECT COST TO SUCH SCHOOL DISTRICT RESULTING FROM THE  IMPLEMEN-
 TATION OF THIS SECTION. SUCH DIRECT COST SHALL BE CALCULATED PURSUANT TO
 REGULATIONS  OF  THE COMMISSIONER OF EDUCATION, IN CONSULTATION WITH THE
 COMMISSIONER OF TAXATION AND FINANCE. A  CLAIM  FOR  SUCH  REIMBURSEMENT
 SHALL BE MADE BY SUCH SCHOOL DISTRICT IN A MANNER AND FORM PRESCRIBED BY
 THE COMMISSIONER OF EDUCATION.
   § 2. This act shall take effect on the first of January 2021 and shall
 apply  to assessment rolls prepared on the basis of taxable status dates
 occurring on or after such date.

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Senate Bill S8406

Sponsored By

Archive: Last Bill Status - In Assembly Committee

May 7, 2018 - Floor Vote

Floor Vote: May 7, 2018

May 7, 2018 - Rules Committee Vote

Rules Committee Vote: May 7, 2018

co-Sponsors

2017-S8406 (ACTIVE) - Details

2017-S8406 (ACTIVE) - Summary

2017-S8406 (ACTIVE) - Sponsor Memo

2017-S8406 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S8406

Share this bill

Sponsored By

Kenneth P. LaValle

Archive: Last Bill Status - In Assembly Committee

co-Sponsors

David Carlucci

Rich Funke

Pamela Helming

William Larkin

2017-S8406 (ACTIVE) - Details

2017-S8406 (ACTIVE) - Summary

2017-S8406 (ACTIVE) - Sponsor Memo

2017-S8406 (ACTIVE) - Bill Text download pdf

Comments