Bill Text: NY S03214 | 2011-2012 | General Assembly | Introduced


Bill Title: Increases the real property tax exemption for certain veterans using alternative exemption; exemption increased from $12,000 to $15,000; additional exemption for combat veterans increased from $8,000 to $10,000; increases disabled veteran exemption from $40,000 to $50,000.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Introduced - Dead) 2012-06-06 - REPORTED AND COMMITTED TO FINANCE [S03214 Detail]

Download: New_York-2011-S03214-Introduced.html
                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         3214
                              2011-2012 Regular Sessions
                                   I N  S E N A T E
                                   February 11, 2011
                                      ___________
       Introduced  by Sen. NOZZOLIO -- read twice and ordered printed, and when
         printed to be committed to the Committee on Veterans, Homeland Securi-
         ty and Military Affairs
       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
   23  assessed  value of such property; provided, however, that such exemption
   24  shall not exceed [eight] TEN thousand dollars or the product of  [eight]
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD00598-02-1
       S. 3214                             2
    1  TEN  thousand  dollars  multiplied by the latest state equalization rate
    2  for the assessing unit, or in the case of a special assessing unit,  the
    3  class ratio, whichever is less.
    4    (c)  In  addition to the exemptions provided by paragraphs (a) and (b)
    5  of this subdivision, where the veteran received  a  compensation  rating
    6  from  the  United  States  veteran's  administration  or from the United
    7  States department of defense because of a service connected  disability,
    8  qualifying  residential  real  property shall be exempt from taxation to
    9  the extent of the product of the assessed value of such property  multi-
   10  plied  by  fifty  percent  of the veteran's disability rating; provided,
   11  however, that such exemption shall not  exceed  [forty]  FIFTY  thousand
   12  dollars  or  the product of [forty] FIFTY thousand dollars multiplied by
   13  the latest state equalization rate for the assessing  unit,  or  in  the
   14  case  of  a special assessing unit, the latest class ratio, whichever is
   15  less. For purposes of this paragraph, where a person who served  in  the
   16  active  military,  naval  or  air service during a period of war died in
   17  service of a service connected disability, such person shall  be  deemed
   18  to have been assigned a compensation rating of one hundred percent.
   19    (d)  Limitations.  (i)  The  exemption  from taxation provided by this
   20  subdivision shall be applicable to county, city, town and village  taxa-
   21  tion, but shall not be applicable to taxes levied for school purposes.
   22    (ii)  Each  county,  city,  town  or  village may adopt a local law to
   23  reduce the maximum exemption allowable in paragraphs (a), (b) and (c) of
   24  this subdivision to TWELVE THOUSAND DOLLARS, EIGHT THOUSAND DOLLARS  AND
   25  FORTY THOUSAND DOLLARS, RESPECTIVELY OR nine thousand dollars, six thou-
   26  sand  dollars and thirty thousand dollars, respectively, or six thousand
   27  dollars, four thousand dollars and twenty thousand dollars,  respective-
   28  ly.  Each  county,  city, town, or village is also authorized to adopt a
   29  local law to increase the maximum exemption allowable in paragraphs (a),
   30  (b) and (c) of this subdivision to fifteen thousand dollars,  ten  thou-
   31  sand dollars and fifty thousand dollars, respectively; eighteen thousand
   32  dollars, twelve thousand dollars and sixty thousand dollars, respective-
   33  ly;  twenty-one thousand dollars, fourteen thousand dollars, and seventy
   34  thousand dollars, respectively; twenty-four  thousand  dollars,  sixteen
   35  thousand dollars, and eighty thousand dollars, respectively; twenty-sev-
   36  en  thousand  dollars,  eighteen  thousand  dollars, and ninety thousand
   37  dollars, respectively; thirty thousand dollars, twenty thousand dollars,
   38  and one hundred thousand dollars,  respectively;  thirty-three  thousand
   39  dollars,  twenty-two  thousand  dollars,  and  one  hundred ten thousand
   40  dollars, respectively; thirty-six thousand dollars, twenty-four thousand
   41  dollars, and one hundred twenty thousand dollars, respectively. In addi-
   42  tion, a county, city, town or  village  which  is  a  "high-appreciation
   43  municipality"  as  defined in this subparagraph is authorized to adopt a
   44  local law to increase the maximum exemption allowable in paragraphs (a),
   45  (b) and (c) of this subdivision to thirty-nine thousand  dollars,  twen-
   46  ty-six  thousand  dollars,  and  one  hundred  thirty  thousand dollars,
   47  respectively; forty-two thousand dollars, twenty-eight thousand dollars,
   48  and one hundred forty thousand dollars, respectively;  forty-five  thou-
   49  sand  dollars,  thirty  thousand  dollars and one hundred fifty thousand
   50  dollars, respectively; forty-eight thousand dollars, thirty-two thousand
   51  dollars and one hundred sixty thousand dollars, respectively;  fifty-one
   52  thousand  dollars,  thirty-four thousand dollars and one hundred seventy
   53  thousand dollars, respectively; fifty-four thousand dollars,  thirty-six
   54  thousand  dollars and one hundred eighty thousand dollars, respectively.
   55  For purposes of this subparagraph,  a  "high-appreciation  municipality"
   56  means:  (A)  a  special  assessing unit that is a city, (B) a county for
       S. 3214                             3
    1  which the commissioner has established a sales price differential factor
    2  for purposes of the STAR exemption authorized by  section  four  hundred
    3  twenty-five  of  this  title in three consecutive years, and (C) a city,
    4  town or village which is wholly or partly located within such a county.
    5    S  2.  This act shall take effect immediately and shall apply to taxes
    6  levied on assessment rolls completed on and after July 1, 2002.
feedback