S3446-2011 Actions

• Jun 6, 2012: REPORTED AND COMMITTED TO FINANCE
• Jan 4, 2012: REFERRED TO VETERANS, HOMELAND SECURITY AND MILITARY AFFAIRS
• Feb 22, 2011: REFERRED TO VETERANS, HOMELAND SECURITY AND MILITARY AFFAIRS

S3446-2011 Meetings

S3446-2011 Votes

S3446-2011 Memo

BILL NUMBER:S3446

TITLE OF BILL:

An act
to amend the real property tax law, in relation to exemptions available
to veterans

PURPOSE:

Removes a cap on a allowable real property tax exemptions available to
certain veterans.

SUMMARY OF PROVISIONS:

Further amends paragraphs (a), (b) and (c) of Subdivision 2 of Section
458-a of the real property tax law by exempting qualifying
residential real property from taxation up to 15% of its assessed
value, in addition to which, when a veteran can show documentation
that he served in a combat zone, such property will also be exempt
from taxation up to 10% of its assessed value. In addition to the
aforementioned exemptions, paragraph (c) provides that when a veteran
is receiving a compensation because of a service related disability,
qualifying residential real property will be exempt from taxation
based on an established formula.

JUSTIFICATION:

Section 456-a of the NYS Real Property Tax Law allows a veteran to
receive an exemption of 15% for serving during a period of war and an
additional 10% for serving in a combat zone.
These figures are misleading, however, because they are keyed to a cap
which uses the latest state equalization rate. When this cap kicks in
at a certain market value, the exemption amount stays the same,
despite the fact that the assessment climbs. By removing the cap, the
veterans would receive the statutory 25%.

LEGISLATIVE HISTORY:

2009-10 S.237/A.341; 2007-08, S.141/A.179; 2005-06, S.3152/A.4241.

FISCAL IMPLICATIONS:

EFFECTIVE DATE:

Immediately.

S3446-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 S. 3446                                                  A. 5493
 2011-2012 Regular Sessions
 SENATE - ASSEMBLY
 February 22, 2011
 
 IN SENATE -- Introduced by Sen. LAVALLE -- read twice and ordered print
 ed,  and  when  printed  to be committed to the Committee on Veterans,
 Homeland Security and Military Affairs
 IN ASSEMBLY -- Introduced by M. of A. THIELE -- read once  and  referred
 to the Committee on Veterans' Affairs
 AN  ACT  to  amend  the real property tax law, in relation to exemptions
 available to veterans
 THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM
 BLY, DO ENACT AS FOLLOWS:

 

Section  1.    Paragraphs (a), (b) and (c) 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, paragraph (b) as amended by chapter 473 of the
 laws of 2004 and paragraph (c) as amended by chapter 100 of the laws  of
 1988, are amended to read as follows:

 (a) 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].
 (b)  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
 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 thou-
 sand dollars multiplied by the latest state equalization  rate  for  the
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD03757-01-1
 
       S. 3446                             2                            A. 5493
 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 received  a  compensation  rating
 from  the  United  States  veteran's  administration  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  multi
 plied  by  fifty  percent  of the veteran's disability rating; provided,
 however, that such exemption shall not exceed forty thousand dollars [or
 the product of forty 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]. 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.
 

S 2. This act shall take effect immediately.

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