Relates to prorating a veteran's exemption if such veteran moves within the same county, or in the case of a city having a population of one milion or more persons, within the same city.
Sponsor: Bronson
Committee: WAYS AND MEANS
Law Section: Real Property Tax Law
Law: Amd SS458 & 458-a, RPT L
Law Section: Real Property Tax Law
Law: Amd SS458 & 458-a, RPT L
A5518A-2011 Actions
- Jun 11, 2012: REFERRED TO RULES
- Jun 11, 2012: delivered to senate
- Jun 11, 2012: passed assembly
- Jun 11, 2012: ordered to third reading rules cal.89
- Jun 11, 2012: rules report cal.89
- Jun 11, 2012: reported
- Jun 6, 2012: reported referred to rules
- May 30, 2012: print number 5518b
- May 30, 2012: amend and recommit to ways and means
- Feb 15, 2012: reported referred to ways and means
- Jan 4, 2012: referred to veterans' affairs
- Jun 7, 2011: reported referred to ways and means
- May 12, 2011: print number 5518a
- May 12, 2011: amend and recommit to veterans' affairs
- Feb 23, 2011: referred to veterans' affairs
A5518A-2011 Text
S T A T E O F N E W Y O R K
________________________________________________________________________
5518--A
2011-2012 Regular Sessions
I N ASSEMBLY
February 23, 2011
___________
Introduced by M. of A. BRONSON, SCHROEDER -- Multi-Sponsored by -- M. of
A. BOYLAND, CAHILL, PHEFFER -- read once and referred to the Committee
on Veterans' Affairs -- 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:
Section 1. Subdivision 9 of section 458 of the real property tax law,
as amended by chapter 503 of the laws of 2008, is amended to read as
follows:
9. Notwithstanding the provisions of subdivision one of this section,
the governing body of any municipality may, after public hearing, adopt
a local law, ordinance or resolution providing where a veteran, the
spouse of the veteran 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]
COUNTY, OR IN THE CASE OF A CITY HAVING A POPULATION OF ONE MILLION OR
MORE PERSONS, WITHIN THE SAME CITY, the assessor shall transfer and
prorate, for the remainder of the fiscal year, the exemption which the
veteran, the spouse of the veteran or unremarried surviving spouse
received. The prorated exemption shall be based upon the date the veter-
an, the spouse of the veteran or unremarried surviving spouse obtains
title to the new property and shall be calculated by multiplying the tax
rate or rates for each municipal corporation which levied taxes, or for
which taxes were levied, on the appropriate 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 transfer of title. Nothing in this section
shall be construed to remove the requirement that any such veteran, the
spouse of the veteran or unremarried surviving spouse transferring an
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07916-03-1
A. 5518--A 2
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, the spouse of the veteran or
unremarried surviving spouse wishes to receive the exemption in future
fiscal years.
S 2. Subdivision 8 of section 458-a of the real property tax law, as
amended by chapter 503 of the laws of 2008, is amended to read as
follows:
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, the spouse of
the veteran 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]
COUNTY, OR IN THE CASE OF A CITY HAVING A POPULATION OF ONE MILLION OR
MORE PERSONS, WITHIN THE SAME CITY, 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, the
spouse of the veteran or unremarried surviving spouse obtains title to
the new property and shall be calculated by multiplying the tax rate or
rates for each municipal corporation which levied taxes, or for which
taxes were levied, on the appropriate 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 transfer of title. Nothing in this section shall be
construed to remove the requirement that any such veteran, the spouse of
the veteran 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, the spouse of the veteran or unremarried
surviving spouse wishes to receive the exemption in future fiscal years.
S 3. This act shall take effect immediately and shall apply to the
levy of taxes based on the 2011 assessment roll in an approved assessing
unit.

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