Bill Text: NY S00786 | 2017-2018 | General Assembly | Amended
Bill Title: Provides that real property tax exemptions authorized by school districts to eligible veterans do not shift taxes to other school district taxpayers or reduce school revenue.
Spectrum: Slight Partisan Bill (Republican 4-2)
Status: (Introduced - Dead) 2018-01-29 - REPORTED AND COMMITTED TO FINANCE [S00786 Detail]
Download: New_York-2017-S00786-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 786--A 2017-2018 Regular Sessions IN SENATE January 4, 2017 ___________ Introduced by Sens. CARLUCCI, AMEDORE, AVELLA, MARCHIONE, ORTT, TEDISCO -- read twice and ordered printed, and when printed to be committed to the Committee on Veterans, Homeland Security and Military Affairs -- recommitted to the Committee on Veterans, Homeland Security and Mili- tary Affairs in accordance with Senate Rule 6, sec. 8 -- 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 veteran alter- native tax exemptions The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 458-a of the real property tax law is amended by 2 adding two new subdivisions 11 and 12 to read as follows: 3 11. The assessed value of any exemption granted pursuant to this 4 section shall be entered by the assessor on the assessment roll with the 5 taxable property, with the amount of the exemption entered in a separate 6 column. 7 12. The exemption authorized by this section shall have the effect 8 specified in section thirteen hundred six-b of this chapter. The 9 exemption shall not be considered when determining state aid to educa- 10 tion pursuant to section thirty-six hundred two of the education law, 11 when determining school district debt limits pursuant to law, when 12 determining the amount of taxes to be levied by or on behalf of a school 13 district, when calculating tax rates for a school district, when appor- 14 tioning taxes between or among school districts, when apportioning taxes 15 among classes in a special assessing unit under article eighteen of this 16 chapter, or when apportioning taxes between classes in an approved 17 assessing unit under article nineteen of this chapter. 18 § 2. The real property tax law is amended by adding a new section 19 1306-b to read as follows: EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD01825-03-8S. 786--A 2 1 § 1306-b. Effect of veterans alternative exemption upon school 2 district taxes; state aid. 1. Levy of taxes; determination of taxes due. 3 The amount of taxes to be levied for any school year shall be determined 4 without regard to the fact that state aid will be payable pursuant to 5 this section. In addition, the tax rate for any school year shall be 6 determined as if no parcels were exempt from taxation pursuant to 7 section four hundred fifty-eight-a of this chapter. However, the tax 8 rate so determined shall be applied to the taxable assessed value of 9 each parcel after accounting for all applicable exemptions, including 10 the exemption authorized by section four hundred fifty-eight-a of this 11 chapter. 12 2. Tax savings. The tax savings for each parcel receiving the 13 exemption authorized by section four hundred fifty-eight-a of this chap- 14 ter shall be computed by subtracting the amount actually levied against 15 the parcel from the amount that would have been levied if not for the 16 exemption. 17 3. State aid. (a) The total tax savings duly provided by each school 18 district pursuant to this section shall be a state charge, which shall 19 be payable as provided herein. 20 (b) A school district seeking state aid pursuant to this section shall 21 submit an application therefor to the commissioner. The application 22 shall include such information as the commissioner shall require. 23 (c) Upon approving an application for state aid pursuant to this 24 section, the commissioner shall compute and certify to the commissioner 25 of education the amounts payable to the school district. Such state aid 26 shall be payable upon the audit and warrant of the state comptroller 27 from vouchers certified and approved by the commissioner of education, 28 as provided by section thirty-six hundred nine-e of the education law, 29 as applicable. 30 (d) The commissioner may audit an application for state aid pursuant 31 to this section within one year after authorizing payment thereon. If 32 the commissioner should discover that a school district has received a 33 greater or lesser amount of such aid than it should have received, the 34 commissioner shall so notify the school district, and shall cause the 35 next payment of such aid to the school district to be adjusted accord- 36 ingly. 37 (e) When an exemption pursuant to section four hundred fifty-eight-a 38 of this chapter has been revoked, the aid payable to the school district 39 pursuant to this section shall be reduced by the amount of the taxes 40 attributable to the revoked exemption. 41 § 3. Paragraph (c) of subdivision 1 of section 458-a of the real prop- 42 erty tax law, as amended by chapter 100 of the laws of 1988, is amended 43 to read as follows: 44 (c) "Qualified owner" means a veteran, the spouse of a veteran or the 45 unremarried surviving spouse of a veteran, provided such person is not 46 earning an annual income equal to or in excess of five hundred thousand 47 dollars. Where property is owned by more than one qualified owner, the 48 exemption to which each is entitled may be combined. Where a veteran is 49 also the unremarried surviving spouse of a veteran, such person may also 50 receive any exemption to which the deceased spouse was entitled. 51 § 4. This act shall take effect immediately and shall apply to taxa- 52 ble years beginning on and after January 1, 2019.
