Provides additional tax exemptions on qualifying residential real property where two or more qualified veterans live in the same household.

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S3355-2013 Actions

• Feb 1, 2013: REFERRED TO VETERANS, HOMELAND SECURITY AND MILITARY AFFAIRS

S3355-2013 Memo

BILL NUMBER:S3355

TITLE OF BILL:  An act to amend the real property tax law, in relation
to granting an additional tax exemption for two qualified veterans
living in the same household

PURPOSE:  To allow for an additional real property tax exemption when
two qualified veterans reside in the same household for the alternative
veterans' exemptions.

EXISTING LAW:  RPT law Section 458a subsection 2a provides a real prop-
erty exemption for veterans up to 15% of the assessed value of such
property, provided, that such exemption shall not exceed $12,000 or the
product of twelve thousand dollars multiplied by the latest state equal-
ization rate.

RPT law section 458a subsection 2b provides an additional exemption of
up to 10% of qualifying residential real property for veterans who
served in a combat theatre or combat zone of operations, provided,
however, that such exemption shall not exceed $8000 or the product of
eight thousand dollars multiplied by the latest state equalization rate
for the assessing unit.

JUSTIFICATION:  By enlisting as a member of the armed forces a person
chooses to place themselves in harms way to protect our country and our
freedoms. With the United States' ongoing involvement in Iraq and
Afghanistan a soldier's enlistment means there is a significant chance
of deployment. When a soldier is deployed there is a financial burden
placed on the families they leave behind. This is a debt that their
families may endure for years to come.

New York State recognizes and rewards the soldiers who enlist and serve
during a time of war by granting them an Alternative Veterans real prop-
erty tax exemption. The Alternative Veterans Exemption is available only
for residential property of veterans who served during wartime or
received an expeditionary medal. This provides for an exemption of 15%
of the assessed value to veterans who served during wartime and an addi-
tional 10% to those who served in a combat zone. Each county must "opt-
in" to grant this alternative exemption.

However, if two qualified veterans reside in the same household the
exemption does not change or increase. This legislation will allow for
an increase of the Alternative Veterans exemption for a household with
two qualifying veterans. The new language provides for an addition of
half of the current percentages allowed. Therefore, a household with two
veterans who served during wartime would receive an exemption up to
22.5% of the assessed value of the property and additional 15% if both
veterans served in a combat zone. Each county must still opt in to grant
this alternative exemption. This legislation will Properly recognize and
reward all veterans who have served their country and who own property
in New York State.

LEGISLATIVE HISTORY:  2009-10: S5370 Passed Senate 2007-08: S2840
Referred to Veterans, Homeland Security & Military Affairs 2005-06:
S7241 Referred to Veterans, Homeland Security & Military Affairs

FISCAL IMPLICATIONS: None to the state.

EFFECTIVE DATE:  The first of January succeeding the date in which it
becomes law.

S3355-2013 Text

                      S T A T E   O F   N E W   Y O R K
  ________________________________________________________________________

                                    3355

                         2013-2014 Regular Sessions

                              I N  SENATE

                              February 1, 2013
                                 ___________

  Introduced  by  Sen. HASSELL-THOMPSON -- read twice and ordered printed,
    and when printed to be committed to the Committee on  Veterans,  Home-
    land Security and Military Affairs

  AN  ACT  to  amend the real property tax law, in relation to granting an
    additional tax exemption for two qualified veterans living in the same
    household

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


    Section 1. Paragraphs (a) and (b) of subdivision 2 of section 458-a of
  the  real  property  tax law, paragraph (a) as amended by chapter 899 of
  the laws of 1985 and paragraph (b) as amended by chapter 473 of the laws
  of 2004, are amended to read as follows:

    (a) (I) Qualifying residential real  property  shall  be  exempt  from
  taxation  to the extent of fifteen percent of the assessed value of such
  property; provided, however, that such exemption shall not exceed twelve
  thousand dollars or the product of twelve thousand dollars multiplied by
  the latest state equalization rate for the assessing  unit,  or  in  the
  case  of  a special assessing unit, the latest class ratio, whichever is
  less.
    (II) IN ADDITION TO THE EXEMPTION PROVIDED BY SUBPARAGRAPH (I) OF THIS
  PARAGRAPH, WHERE MORE THAN ONE VETERAN, QUALIFYING UNDER  THIS  SECTION,
  LIVES  IN  THE SAME HOUSEHOLD, QUALIFYING RESIDENTIAL REAL PROPERTY ALSO
  SHALL BE EXEMPT   FROM TAXATION TO THE  EXTENT  OF  SEVEN  AND  ONE-HALF
  PERCENT  OF THE ASSESSED VALUE OF SUCH PROPERTY; PROVIDED, HOWEVER, THAT
  SUCH ADDITIONAL EXEMPTION SHALL NOT EXCEED SIX THOUSAND DOLLARS  OR  THE
  PRODUCT OF SIX 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.
    (b) (I) In addition to the exemption provided by paragraph (a) of this
  subdivision, where the veteran served in a combat theatre or combat zone
  of operations, as documented by the award of a  United  States  campaign

   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD06405-01-3

 S. 3355                             2

  ribbon  or  service medal, or the armed forces expeditionary medal, navy
  expeditionary medal, marine corps expeditionary medal, or global war  on
  terrorism expeditionary medal, 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 assess-
  ing  unit,  or in the case of a special assessing unit, the class ratio,
  whichever is less.
    (II) IN ADDITION TO THE EXEMPTION PROVIDED BY PARAGRAPH  (A)  OF  THIS
  SUBDIVISION AND THE EXEMPTION PROVIDED BY SUBPARAGRAPH (I) OF THIS PARA-
  GRAPH,  WHERE  MORE  THAN  ONE VETERAN, QUALIFYING UNDER THIS PARAGRAPH,
  LIVES IN THE SAME HOUSEHOLD, QUALIFYING RESIDENTIAL REAL  PROPERTY  ALSO
  SHALL  BE  EXEMPT  FROM  TAXATION  TO  THE EXTENT OF FIVE PERCENT OF THE
  ASSESSED VALUE OF SUCH PROPERTY; PROVIDED, HOWEVER, THAT SUCH ADDITIONAL
  EXEMPTION SHALL NOT EXCEED FOUR THOUSAND DOLLARS OR THE PRODUCT OF  FOUR
  THOUSAND  DOLLARS  MULTIPLIED  BY THE LATEST STATE EQUALIZATION RATE FOR
  THE ASSESSING UNIT, OR IN THE CASE OF  A  SPECIAL  ASSESSING  UNIT,  THE
  LATEST CLASS RATIO, WHICHEVER IS LESS.
    S  2. This act shall take effect on the first of January next succeed-
  ing the date on which it shall have become a law.