Bill Text: NY A04296 | 2013-2014 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Increases the real property tax exemption for certain veterans using alternative exemption; exemption increased from $12,000 to $15,000; increases additional exemption for combat veterans from $8,000 to $10,000; increases disabled veteran exemption from $40,000 to $50,000.

Spectrum: Partisan Bill (Republican 26-1)

Status: (Introduced - Dead) 2014-05-13 - held for consideration in real property taxation [A04296 Detail]

Download: New_York-2013-A04296-Introduced.html
                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         4296
                              2013-2014 Regular Sessions
                                 I N  A S S E M B L Y
                                   February 1, 2013
                                      ___________
       Introduced  by M. of A. RAIA, KOLB, SALADINO, STEVENSON, MALLIOTAKIS, RA
         -- Multi-Sponsored by -- M. of A. BARCLAY,  BUTLER,  CERETTO,  DUPREY,
         FINCH,  FITZPATRICK, GIGLIO, HAWLEY, JOHNS, McDONOUGH, McKEVITT, OAKS,
         TEDISCO, THIELE -- read once and referred to  the  Committee  on  Real
         Property Taxation
       AN  ACT to amend the real property tax law, in relation to the veteran's
         alternative exemption
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  Paragraphs  (a),  (b),  (c)  and  (d) of subdivision 2 of
    2  section 458-a of the real property tax law, paragraph (a) as amended  by
    3  chapter 899 of the laws of 1985, paragraph (b) as amended by chapter 473
    4  of the laws of 2004, paragraph (c) as amended by chapter 100 of the laws
    5  of  1988, paragraph (d) as added by chapter 525 of the laws of 1984, and
    6  subparagraph (ii) of paragraph (d) as amended by chapter 256 of the laws
    7  of 2005 and as further amended by section 1 of part W of charter  56  of
    8  the laws of 2010, are amended to read as follows:
    9    (a) Qualifying residential real property shall be exempt from taxation
   10  to the extent of fifteen percent of the assessed value of such property;
   11  provided, however, that such exemption shall not exceed [twelve] FIFTEEN
   12  thousand  dollars  or  the  product of [twelve] FIFTEEN thousand dollars
   13  multiplied by the latest state equalization rate for the assessing unit,
   14  or in the case of a special assessing  unit,  the  latest  class  ratio,
   15  whichever is less.
   16    (b)  In  addition  to  the exemption provided by paragraph (a) of this
   17  subdivision, where the veteran served in a combat theatre or combat zone
   18  of operations, as documented by the award of a  United  States  campaign
   19  ribbon  or  service medal, or the armed forces expeditionary medal, navy
   20  expeditionary medal, marine corps expeditionary medal, or global war  on
   21  terrorism expeditionary medal, qualifying residential real property also
   22  shall  be  exempt  from  taxation  to  the  extent of ten percent of the
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD01446-01-3
       A. 4296                             2
    1  assessed value of such property; provided, however, that such  exemption
    2  shall  not exceed [eight] TEN thousand dollars or the product of [eight]
    3  TEN thousand dollars multiplied by the latest  state  equalization  rate
    4  for  the assessing unit, or in the case of a special assessing unit, the
    5  class ratio, whichever is less.
    6    (c) In addition to the exemptions provided by paragraphs (a)  and  (b)
    7  of  this  subdivision,  where the veteran received a compensation rating
    8  from the United States  veteran's  administration  or  from  the  United
    9  States  department of defense because of a service connected disability,
   10  qualifying residential real property shall be exempt  from  taxation  to
   11  the  extent of the product of the assessed value of such property multi-
   12  plied by fifty percent of the  veteran's  disability  rating;  provided,
   13  however,  that  such  exemption  shall not exceed [forty] FIFTY thousand
   14  dollars or the product of [forty] FIFTY thousand dollars  multiplied  by
   15  the  latest  state  equalization  rate for the assessing unit, or in the
   16  case of a special assessing unit, the latest class ratio,  whichever  is
   17  less.  For  purposes of this paragraph, where a person who served in the
   18  active military, naval or air service during a period  of  war  died  in
   19  service  of  a service connected disability, such person shall be deemed
   20  to have been assigned a compensation rating of one hundred percent.
   21    (d) Limitations. (i) The exemption  from  taxation  provided  by  this
   22  subdivision  shall be applicable to county, city, town and village taxa-
   23  tion, but shall not be applicable to taxes levied for school purposes.
   24    (ii) Each county, city, town or village  may  adopt  a  local  law  to
   25  reduce the maximum exemption allowable in paragraphs (a), (b) and (c) of
   26  this  subdivision to TWELVE THOUSAND DOLLARS, EIGHT THOUSAND DOLLARS AND
   27  FORTY THOUSAND DOLLARS, RESPECTIVELY OR nine thousand dollars, six thou-
   28  sand dollars and thirty thousand dollars, respectively, or six  thousand
   29  dollars,  four thousand dollars and twenty thousand dollars, respective-
   30  ly. Each county, city, town, or village is also authorized  to  adopt  a
   31  local law to increase the maximum exemption allowable in paragraphs (a),
   32  (b)  and  (c) of this subdivision to fifteen thousand dollars, ten thou-
   33  sand dollars and fifty thousand dollars, respectively; eighteen thousand
   34  dollars, twelve thousand dollars and sixty thousand dollars, respective-
   35  ly; twenty-one thousand dollars, fourteen thousand dollars, and  seventy
   36  thousand  dollars,  respectively;  twenty-four thousand dollars, sixteen
   37  thousand dollars, and eighty thousand dollars, respectively; twenty-sev-
   38  en thousand dollars, eighteen  thousand  dollars,  and  ninety  thousand
   39  dollars, respectively; thirty thousand dollars, twenty thousand dollars,
   40  and  one  hundred  thousand dollars, respectively; thirty-three thousand
   41  dollars, twenty-two thousand  dollars,  and  one  hundred  ten  thousand
   42  dollars, respectively; thirty-six thousand dollars, twenty-four thousand
   43  dollars, and one hundred twenty thousand dollars, respectively. In addi-
   44  tion,  a  county,  city,  town  or village which is a "high-appreciation
   45  municipality" as defined in this subparagraph is authorized to  adopt  a
   46  local law to increase the maximum exemption allowable in paragraphs (a),
   47  (b)  and  (c) of this subdivision to thirty-nine thousand dollars, twen-
   48  ty-six thousand  dollars,  and  one  hundred  thirty  thousand  dollars,
   49  respectively; forty-two thousand dollars, twenty-eight thousand dollars,
   50  and  one  hundred forty thousand dollars, respectively; forty-five thou-
   51  sand dollars, thirty thousand dollars and  one  hundred  fifty  thousand
   52  dollars, respectively; forty-eight thousand dollars, thirty-two thousand
   53  dollars  and one hundred sixty thousand dollars, respectively; fifty-one
   54  thousand dollars, thirty-four thousand dollars and one  hundred  seventy
   55  thousand  dollars, respectively; fifty-four thousand dollars, thirty-six
   56  thousand dollars and one hundred eighty thousand dollars,  respectively.
       A. 4296                             3
    1  For  purposes  of  this subparagraph, a "high-appreciation municipality"
    2  means: (A) a special assessing unit that is a city,  (B)  a  county  for
    3  which the commissioner has established a sales price differential factor
    4  for  purposes  of  the STAR exemption authorized by section four hundred
    5  twenty-five of this title in three consecutive years, and  (C)  a  city,
    6  town or village which is wholly or partly located within such a county.
    7    S  2.  This act shall take effect immediately and shall apply to taxes
    8  levied on assessment rolls completed on and after July 1, 2002.
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