Bill Text: NY A03701 | 2009-2010 | General Assembly | Amended

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Bill Title: Relates to prorating a veteran's exemption if such veteran moves within the same county.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2010-01-21 - print number 3701a [A03701 Detail]

Download: New_York-2009-A03701-Amended.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        3701--A
                              2009-2010 Regular Sessions
                                 I N  A S S E M B L Y
                                   January 28, 2009
                                      ___________
       Introduced  by  M. of A. JOHN -- read once and referred to the Committee
         on Veterans' Affairs -- 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  prorating  a
         veteran's exemption if such veteran moves within the same county
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Subdivision 9 of section 458 of the real property tax  law,
    2  as  amended  by  chapter  503 of the laws of 2008, is amended to read as
    3  follows:
    4    9. Notwithstanding the provisions of subdivision one of this  section,
    5  the  governing body of any municipality may, after public hearing, adopt
    6  a local law, ordinance or resolution  providing  where  a  veteran,  the
    7  spouse  of the veteran or unremarried surviving spouse already receiving
    8  an exemption pursuant to this section sells the property  receiving  the
    9  exemption and purchases property within the same [city, town or village]
   10  COUNTY,  the  assessor  shall transfer and prorate, for the remainder of
   11  the fiscal year, the exemption which the  veteran,  the  spouse  of  the
   12  veteran or unremarried surviving spouse received. The prorated exemption
   13  shall  be  based upon the date the veteran, the spouse of the veteran or
   14  unremarried surviving spouse obtains title to the new property and shall
   15  be calculated by multiplying the tax rate or rates  for  each  municipal
   16  corporation  which  levied taxes, or for which taxes were levied, on the
   17  appropriate tax roll used for the fiscal year or years during which  the
   18  transfer  occurred  times the previously granted exempt amount times the
   19  fraction of each fiscal year or years remaining subsequent to the trans-
   20  fer of title. Nothing in this section shall be construed to  remove  the
   21  requirement that any such veteran, the spouse of the veteran or unremar-
   22  ried  surviving spouse transferring an exemption pursuant to this subdi-
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD03861-04-0
       A. 3701--A                          2
    1  vision shall reapply for  the  exemption  authorized  pursuant  to  this
    2  section  on  or  before  the following taxable status date, in the event
    3  such veteran, the spouse of the veteran or unremarried surviving  spouse
    4  wishes to receive the exemption in future fiscal years.
    5    S  2.  Subdivision 8 of section 458-a of the real property tax law, as
    6  amended by chapter 503 of the laws  of  2008,  is  amended  to  read  as
    7  follows:
    8    8.  Notwithstanding the provisions of paragraph (c) of subdivision one
    9  of this section and subdivision three of  this  section,  the  governing
   10  body  of  any municipality may, after public hearing, adopt a local law,
   11  ordinance or resolution providing that where a veteran,  the  spouse  of
   12  the  veteran  or  unremarried  surviving  spouse  already  receiving  an
   13  exemption pursuant to this section  sells  the  property  receiving  the
   14  exemption and purchases property within the same [city, town or village]
   15  COUNTY,  the  assessor  shall transfer and prorate, for the remainder of
   16  the fiscal year, the exemption received. The prorated exemption shall be
   17  based upon the date the veteran, the spouse of the veteran  or  unremar-
   18  ried  surviving  spouse  obtains  title to the new property and shall be
   19  calculated by multiplying the tax  rate  or  rates  for  each  municipal
   20  corporation  which  levied taxes, or for which taxes were levied, on the
   21  appropriate tax roll used for the fiscal year or years during which  the
   22  transfer  occurred  times the previously granted exempt amount times the
   23  fraction of each fiscal year or years remaining subsequent to the trans-
   24  fer of title. Nothing in this section shall be construed to  remove  the
   25  requirement that any such veteran, the spouse of the veteran or unremar-
   26  ried  surviving spouse transferring an exemption pursuant to this subdi-
   27  vision shall reapply for  the  exemption  authorized  pursuant  to  this
   28  section  on  or  before  the following taxable status date, in the event
   29  such veteran, the spouse of the veteran or unremarried surviving  spouse
   30  wishes to receive the exemption in future fiscal years.
   31    S  3.  This  act  shall take effect immediately and shall apply to the
   32  levy of taxes based on the 2010 assessment roll in an approved assessing
   33  unit.