S4387-2011 Actions

• Jan 4, 2012: REFERRED TO VETERANS, HOMELAND SECURITY AND MILITARY AFFAIRS
• May 24, 2011: REPORTED AND COMMITTED TO FINANCE
• Apr 4, 2011: REFERRED TO VETERANS, HOMELAND SECURITY AND MILITARY AFFAIRS

S4387-2011 Meetings

S4387-2011 Votes

S4387-2011 Memo

BILL NUMBER:S4387

TITLE OF BILL:
An act
to amend the real property tax law, in relation to the alternative
veterans property tax exemption

PURPOSE OR GENERAL IDEA OF BILL:
This bill extends the alternative veterans' exception to active
members of the military.

SUMMARY OF PROVISIONS:
Section One amends subdivision 1 of section 458-a of the real property
tax law by adding a new paragraph, defining "active member of the
military" .
Section Two adds "active member of the military" to the other areas of
section 458-a of the real property law where the alternative
veterans' exemption is "veteran".
Section Three is the effective date.

JUSTIFICATION:
The alternative veterans' exemption provides certain veterans with a
15% property tax exemption. An additional 10% exemption is allowed
when the veteran served in a combat zone and disabled veterans are
entitled to an additional exemption equal to one-half of their
service-connected disability ratings. These exemptions apply to
general municipal taxes and are limited to the veterans' primary
residence.
The exemption is currently limited to veterans who have served in
active duty during specified times of war, as well as veterans who
have received certain medals when their service falls outside of the
specified timelines.
Currently, veterans must wait to file an application for this
exemption until after they have completed their service. This
legislation allows members currently serving in active duty to file
for the alternative veterans' exemption at the taxable status date
without having to wait until their service in uniform has been
completed.
Active members of the military should be entitled to receive the
exemption while they serve our country, instead of requiring that
they wait until their service terminates. This legislation remedies
this by allowing them this exemption during their time of service.

LEGISLATIVE HISTORY:
New Bill.

FISCAL IMPLICATIONS:
None to State.

EFFECTIVE DATE:
This act shall take effect on the first of January next succeeding the
date upon which it shall have become a law and shall apply to
assessment rolls prepared on the basis of taxable status dates
occurring on or after such effective date.

S4387-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                         4387
 2011-2012 Regular Sessions
 I N  SENATE
 April 4, 2011
 
 Introduced  by  Sen.  ZELDIN -- 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  alterna
 tive veterans property tax exemption
 

THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM
 BLY, DO ENACT AS FOLLOWS:

 

Section 1.  Subdivision 1 of section 458-a of the  real  property  tax
 law is amended by adding a new paragraph (h) to read as follows:

 (H) "ACTIVE MEMBER OF THE MILITARY" SHALL MEAN ANY PERSON WHO CURRENT
 LY  SERVES IN THE ACTIVE MILITARY, NAVAL OR AIR SERVICE AS DOCUMENTED BY
 THE ANNUAL FILING OF SUCH MEMBER'S STATEMENT OF SERVICE  OR  A  COPY  OF
 SUCH MEMBER'S ACTIVE DUTY ORDERS WITH THE LOCAL TAX ASSESSOR.
 

S  2.  Paragraphs (c) and (d) of subdivision 1, paragraphs (b) and (c)
 of subdivision 2, subdivision 3, paragraph  (a)  of  subdivision  6  and
 subdivision  8  of section 458-a of the real property tax law, paragraph
 (c) of subdivision 1 and paragraph (c) of subdivision 2  as  amended  by
 chapter  100  of  the  laws  of  1988, paragraph (d) of subdivision 1 as
 amended by chapter 899 of the laws of 1985, paragraph (b) of subdivision
 2 as amended by chapter 473 of  the  laws  of  2004,  subdivision  3  as
 amended  by  chapter  646  of the laws of 2004, subdivision 3 as further
 amended by section 1 of part W of chapter 56 of the laws of 2010,  para
 graph  (a)  of subdivision 6 as added by chapter 171 of the laws of 1997
 and subdivision 8 as amended by chapter 503 of the  laws  of  2008,  are
 amended to read as follows:

 (c)  "Qualified  owner" means a veteran, AN ACTIVE MEMBER OF THE MILI
 TARY, the spouse of a veteran, THE SPOUSE OF AN  ACTIVE  MEMBER  OF  THE
 MILITARY or the unremarried surviving spouse of a veteran. Where proper
 ty  is  owned  by  more than one qualified owner, the exemption to which
 each is entitled may be combined. Where a veteran OR AN ACTIVE MEMBER OF
 THE MILITARY is also the unremarried surviving spouse of a veteran, such
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD09799-01-1
 
       S. 4387                             2
 person may also receive any exemption to which the deceased  spouse  was
 entitled.
 (d)  "Qualifying  residential real property" means property owned by a
 qualified owner which is  used  exclusively  for  residential  purposes;
 provided  however, that in the event any portion of such property is not
 so used exclusively for residential  purposes  but  is  used  for  other
 purposes,  such  portion  shall be subject to taxation and the remaining
 portion only shall  be  entitled  to  the  exemption  provided  by  this
 section.  Such  property  must  be the primary residence of the veteran,
 ACTIVE MEMBER OF THE MILITARY or unremarried  surviving  spouse  of  the
 veteran,  unless  the veteran, ACTIVE MEMBER OF THE MILITARY or unremar
 ried surviving spouse is absent from the property due to medical reasons
 or institutionalization. In the event the veteran OR  ACTIVE  MEMBER  OF
 THE  MILITARY dies and there is no unremarried surviving spouse, "quali
 fying residential real property" shall mean the primary residence  owned
 by  a  qualified  owner  prior  to death, provided that the title to the
 property becomes vested in the dependent father or mother  or  dependent
 child  or  children under twenty-one years of age of a veteran by virtue
 of devise by or descent from the deceased qualified owner, provided that
 the property is the primary residence of one or all of the devisees.
 (b) In addition to the exemption provided by  paragraph  (a)  of  this
 subdivision,  where (I) the veteran served in a combat theatre or combat
 zone of operations, as documented  by  the  award  of  a  United  States
 campaign  ribbon  or  service  medal,  or the armed forces expeditionary
 medal, navy expeditionary medal, marine corps  expeditionary  medal,  or
 global war on terrorism expeditionary medal, OR (II) AN ACTIVE MEMBER OF
 THE  MILITARY  CURRENTLY  SERVES  IN  A COMBAT THEATRE OR COMBAT ZONE OF
 OPERATIONS, AS DOCUMENTED BY THE ANNUAL FILING OF SUCH  MEMBER'S  STATE
 MENT  OF  SERVICE OR A COPY OF SUCH MEMBER'S ACTIVE DUTY ORDERS WITH THE
 LOCAL TAX ASSESSOR, qualifying residential real property also  shall  be
 exempt  from taxation to the extent of ten percent of the assessed value
 of such property; provided,  however,  that  such  exemption  shall  not
 exceed  eight  thousand dollars or the product of eight thousand dollars
 multiplied by the latest state equalization rate for the assessing unit,
 or in the case of a special assessing unit, the class  ratio,  whichever
 is less.
 (c)  In  addition to the exemptions provided by paragraphs (a) and (b)
 of this subdivision, where the veteran OR ACTIVE MEMBER OF THE  MILITARY
 received a compensation rating from the United States veteran's adminis
 tration  or  from  the  United States department of defense because of a
 service connected disability, qualifying residential real property shall
 be exempt from taxation to the extent of the  product  of  the  assessed
 value  of  such property multiplied by fifty percent of the veteran's OR
 ACTIVE MEMBER OF THE MILITARY'S disability  rating;  provided,  however,
 that such exemption shall not exceed forty thousand dollars or the prod
 uct  of  forty thousand dollars multiplied by the latest state equaliza
 tion rate for the assessing unit, or in the case of a special  assessing
 unit,  the  latest  class ratio, whichever is less. For purposes of this
 paragraph, where a person who served in the active  military,  naval  or
 air  service  during  a  period  of  war  died  in  service of a service
 connected disability, such person shall be deemed to have been  assigned
 a compensation rating of one hundred percent.
 3.  Application for exemption must be made by the owner, or all of the
 owners, of the property on a form prescribed by  the  commissioner.  The
 owner  or  owners shall file the completed form in the assessor's office
 on or before the appropriate taxable status date.  The  exemption  shall
 
       S. 4387                             3
 continue  in  full  force  and effect for all appropriate subsequent tax
 years and the owner or owners of the property shall not be  required  to
 refile each year, PROVIDED, HOWEVER, THAT ACTIVE MEMBERS OF THE MILITARY
 SHALL BE REQUIRED TO REFILE SUCH MEMBER'S STATEMENT OF SERVICE OR A COPY
 OF  SUCH  MEMBER'S  ACTIVE  DUTY  ORDERS ANNUALLY.   Applicants shall be
 required to refile on or before the appropriate taxable status  date  if
 the  percentage  of  disability percentage increases or decreases or may
 refile if other changes have occurred which affect qualification for  an
 increased  or  decreased amount of exemption. Any applicant convicted of
 making any willful false statement in the application for such exemption
 shall be subject to the penalties prescribed in the penal law.
 (a) For the purposes of this section, title to that  portion  of  real
 property  owned  by  a  cooperative  apartment  corporation  in  which a
 tenant-stockholder of such corporation resides and which is  represented
 by his OR HER share or shares of stock in such corporation as determined
 by its or their proportional relationship to the total outstanding stock
 of  the  corporation,  including that owned by the corporation, shall be
 deemed to be vested in such tenant-stockholder.
 8. Notwithstanding the provisions of paragraph (c) of subdivision  one
 of  this  section  and  subdivision three of this section, the governing
 body of any municipality may, after public hearing, adopt a  local  law,
 ordinance or resolution providing that where a veteran, AN ACTIVE MEMBER
 OF  THE  MILITARY,  the  spouse  of the veteran, THE SPOUSE OF AN ACTIVE
 MEMBER OF THE MILITARY or unremarried surviving spouse already receiving
 an exemption pursuant to this section sells the property  receiving  the
 exemption  and purchases property within the same city, town or village,
 the assessor shall transfer and prorate, for the remainder of the fiscal
 year, the exemption received. The prorated exemption shall be based upon
 the date the veteran, ACTIVE MEMBER OF THE MILITARY, the spouse  of  the
 veteran,  THE SPOUSE OF THE ACTIVE MEMBER OF THE MILITARY or unremarried
 surviving spouse obtains title to the new property and shall  be  calcu
 lated  by  multiplying  the  tax rate or rates for each municipal corpo
 ration which levied taxes, or for which taxes were levied, on the appro
 priate tax roll used for the fiscal  year  or  years  during  which  the
 transfer  occurred  times the previously granted exempt amount times the
 fraction of each fiscal year or years remaining subsequent to the trans
 fer of title. Nothing in this section shall be construed to  remove  the
 requirement  that  any  such veteran, ACTIVE MEMBER OF THE MILITARY, the
 spouse of the veteran, SPOUSE OF THE ACTIVE MEMBER OF  THE  MILITARY  or
 unremarried  surviving spouse transferring an exemption pursuant to this
 subdivision shall reapply for the exemption authorized pursuant to  this
 section  on  or  before  the following taxable status date, in the event
 such veteran, ACTIVE MEMBER OF THE MILITARY, the spouse of the  veteran,
 SPOUSE  OF  THE  ACTIVE  MEMBER OF THE MILITARY or unremarried surviving
 spouse wishes to receive the exemption in future fiscal years.
 

S 3. This act shall take effect on the first of January next  succeed
 ing  the  date  upon which it shall have become a law and shall apply to
 assessment rolls prepared on the basis of taxable status dates occurring
 on or after such effective date.

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