This bill has been amended

Bill S3523-2013

Relates to exemptions available to veterans

Relates to exemptions available to veterans.

Details

Actions

  • Jan 8, 2014: REFERRED TO VETERANS, HOMELAND SECURITY AND MILITARY AFFAIRS
  • May 30, 2013: REPORTED AND COMMITTED TO FINANCE
  • Feb 5, 2013: REFERRED TO VETERANS, HOMELAND SECURITY AND MILITARY AFFAIRS

Votes

VOTE: COMMITTEE VOTE: - Veterans, Homeland Security and Military Affairs - May 30, 2013
Ayes (12): Ball, Carlucci, Flanagan, Golden, Griffo, Grisanti, Larkin, Zeldin, Addabbo, Avella, Sanders, Tkaczyk
Ayes W/R (1): Gipson

Memo

BILL NUMBER:S3523

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

PURPOSE: Creates an additional local option to increase the maximum exemptions allowed under the alternative veteran's exemption and the exemption for Cold War veterans.

SUMMARY OF PROVISIONS:

Section 1. Amends subparagraph (ii) of paragraph (d) of subdivision 2 of section 458-a of the Real Property Tax Law, as amended by Chapter 256 of the Laws of 2005 and as further amended by Section 1 of Part W of Chapter 56 of the Laws of 2010 to create new categories of higher exemptions available under the alternative veteran's exemption. These are: $39,000, $26,000 and $130,000; $42,000, $28,000, and $140,000; and $45,000, $30,000 and $150,000. Under the "high-appreciation municipality' section of the legislation new categories of higher exemption available to municipalities are also increased. These are: $57,000, $38,000 and $190,000; $60,000, $40,000 and $200,000; $63,000, $42,000 and $210,000; $66,000, $44,000 and $220,000; $69,000, $46,000 and $230,000; $72,000, $48,000 and $240,000; and $75,000, $50,000 and $250,000

Section 2. Amends subparagraph (iii) of paragraph (c) of subdivision 2 of Section 458-b of the Real Property Tax Law, as amended by Chapter 235 of the Laws of 2009 and as further amended by Section 1 of Part W of Chapter 56 of the Laws of 2010 to create new categories of higher exemptions available to municipalities under the Cold War Veteran's exemption. These are: $39,000, $26,000 and $130,000; $42,000, $28,000, and $140,000; and $45,000, $30,000 and $150,000. Under the "high-appreciation municipality' section of the legislation new categories of higher exemption available to municipalities are also increased. These are: $57,000, $38,000 and $190,000; $60,000, $40,000 and $200,000; $63,000, $42,000 and $210,000; $66,000, $44,000 and $220,000; 569,000, $46,000 and $230,000; $72,000, $48,000 and $240,000; and $75,000, $50,000 and $250,000

JUSTIFICATION: Chapter 477 of the Laws of 1996 amended the alternative veteran's exemption to permit higher municipal caps on the exemption. At the same time, however, the equalization factor, used to assure interjurisdictional equity was restored. In exemptions even where the highest authorization cap were newly implemented. Chapter 417 of the Laws of 1997 corrected the unintended consequences of Chapter 477, while maintaining local control of the administration of the veteran's alternative exemption. It also created three new higher exemptions that a municipality could adopt and established a special set of exemptions for the City of New York that allowed for even higher exemption limits.

With the dramatic rise in the value of real property over the years, veterans in several municipalities strongly voiced their dissatisfaction

with the administration of the veteran's exemption - clearly stating, at that time, that the benefit had been diminished to such a level that it no longer provides adequate compensation. As such, these exemptions were increased by Chapter 256 of the Laws of 2005. As such, these exemptions were increased by Chapter 256 of the Laws of 2005. As real property values continue to rise, municipalities should be afforded the opportunity to elect to increase the maximum exemptions allowed under the alternative veteran's exemption and the exemption for Cold War veterans to restore its original intent to provide a viable means by which to help ware-time veterans maintain home ownership.

LEGISLATIVE HISTORY: 2011-12 S.5597B/A.8186B.

FISCAL IMPLICATIONS: None to the State. Localities which opt to enact local laws permitting the increases would shift the tax burden to the remaining tax base.

EFFECTIVE DATE: This act shall take effect January 2, 2014; provided that sections one and two of this act shall apply to assessment rolls based on taxable status date occurring on or after such date.


Text

STATE OF NEW YORK ________________________________________________________________________ S. 3523 A. 4403 2013-2014 Regular Sessions S E N A T E - A S S E M B L Y February 5, 2013 ___________
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, LOSQUADRO -- Multi-Spon- sored by -- M. of A. HAWLEY -- 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. Subparagraph (ii) of paragraph (d) of subdivision 2 of section 458-a of the real property tax law, as amended by chapter 256 of the laws of 2005 and as further amended by section 1 of part W of chap- ter 56 of the laws of 2010, is amended to read as follows: (ii) Each county, city, town or village may adopt a local law to reduce the maximum exemption allowable in paragraphs (a), (b) and (c) of this subdivision to nine thousand dollars, six thousand dollars and thirty thousand dollars, respectively, or six thousand dollars, four thousand dollars and twenty thousand dollars, respectively. Each county, city, town, or village is also authorized to adopt a local law to increase the maximum exemption allowable in paragraphs (a), (b) and (c) of this subdivision to fifteen thousand dollars, ten thousand dollars and fifty thousand dollars, respectively; eighteen thousand dollars, twelve thousand dollars and sixty thousand dollars, respectively; twen- ty-one thousand dollars, fourteen thousand dollars, and seventy thousand dollars, respectively; twenty-four thousand dollars, sixteen thousand dollars, and eighty thousand dollars, respectively; twenty-seven thou- sand dollars, eighteen thousand dollars, and ninety thousand dollars, respectively; thirty thousand dollars, twenty thousand dollars, and one hundred thousand dollars, respectively; thirty-three thousand dollars,
twenty-two thousand dollars, and one hundred ten thousand dollars, respectively; thirty-six thousand dollars, twenty-four thousand dollars, and one hundred twenty thousand dollars, respectively; THIRTY-NINE THOU- SAND DOLLARS, TWENTY-SIX THOUSAND DOLLARS, AND ONE HUNDRED THIRTY THOU- SAND DOLLARS, RESPECTIVELY, FORTY-TWO THOUSAND DOLLARS, TWENTY-EIGHT THOUSAND DOLLARS, AND ONE HUNDRED FORTY THOUSAND DOLLARS, RESPECTIVELY; AND FORTY-FIVE THOUSAND DOLLARS, THIRTY THOUSAND DOLLARS AND ONE HUNDRED FIFTY THOUSAND DOLLARS, RESPECTIVELY. In addition, a county, city, town or village which is a "high-appreciation municipality" as defined in this subparagraph is authorized to adopt a local law to increase the maximum exemption allowable in paragraphs (a), (b) and (c) of this subdivision to thirty-nine thousand dollars, twenty-six thousand dollars, and one hundred thirty thousand dollars, respectively; forty- two thousand dollars, twenty-eight thousand dollars, and one hundred forty thousand dollars, respectively; forty-five thousand dollars, thir- ty thousand dollars and one hundred fifty thousand dollars, respective- ly; forty-eight thousand dollars, thirty-two thousand dollars and one hundred sixty thousand dollars, respectively; fifty-one thousand dollars, thirty-four thousand dollars and one hundred seventy thousand dollars, respectively; fifty-four thousand dollars, thirty-six thousand dollars and one hundred eighty thousand dollars, respectively; FIFTY-SEVEN THOUSAND DOLLARS, THIRTY-EIGHT THOUSAND DOLLARS AND ONE HUNDRED NINETY THOUSAND DOLLARS, RESPECTIVELY; SIXTY THOUSAND DOLLARS, FORTY THOUSAND DOLLARS AND TWO HUNDRED THOUSAND DOLLARS, RESPECTIVELY; SIXTY-THREE THOUSAND DOLLARS, FORTY-TWO THOUSAND DOLLARS AND TWO HUNDRED TEN THOUSAND DOLLARS, RESPECTIVELY; SIXTY-SIX THOUSAND DOLLARS, FORTY-FOUR THOUSAND DOLLARS AND TWO HUNDRED TWENTY THOUSAND DOLLARS, RESPECTIVELY; SIXTY-NINE THOUSAND DOLLARS, FORTY-SIX THOUSAND DOLLARS AND TWO HUNDRED THIRTY THOUSAND DOLLARS, RESPECTIVELY; SEVENTY-TWO THOU- SAND DOLLARS, FORTY-EIGHT THOUSAND DOLLARS AND TWO HUNDRED FORTY THOU- SAND DOLLARS, RESPECTIVELY; SEVENTY-FIVE THOUSAND DOLLARS, FIFTY THOU- SAND DOLLARS AND TWO HUNDRED FIFTY THOUSAND DOLLARS, RESPECTIVELY. For purposes of this subparagraph, a "high-appreciation municipality" means: (A) a special assessing unit that is a city, (B) a county for which the commissioner has established a sales price differential factor for purposes of the STAR exemption authorized by section four hundred twen- ty-five of this title in three consecutive years, and (C) a city, town or village which is wholly or partly located within such a county. S 2. Subparagraph (iii) of paragraph (c) of subdivision 2 of section 458-b of the real property tax law, as amended by chapter 235 of the laws of 2009 and as further amended by section 1 of part W of chapter 56 of the laws of 2010, is amended to read as follows: (iii) The exemption provided by paragraph (a) of this subdivision shall be granted for a period of ten years. The commencement of such ten year period shall be governed pursuant to this subparagraph. Where a qualified owner owns qualifying residential real property on the effec- tive date of the local law providing for such exemption, such ten year period shall be measured from the assessment roll prepared pursuant to the first taxable status date occurring on or after the effective date of the local law providing for such exemption. Where a qualified owner does not own qualifying residential real property on the effective date of the local law providing for such exemption, such ten year period shall be measured from the assessment roll prepared pursuant to the first taxable status date occurring at least sixty days after the date of purchase of qualifying residential real property; provided, however, that should the veteran apply for and be granted an exemption on the
assessment roll prepared pursuant to a taxable status date occurring within sixty days after the date of purchase of residential real proper- ty, such ten year period shall be measured from the first assessment roll in which the exemption occurs. If, before the expiration of such ten year period, such exempt property is sold and replaced with other residential real property, such exemption may be granted pursuant to this subdivision for the unexpired portion of the ten year exemption period. Each county, city, town or village may adopt a local law to reduce the maximum exemption allowable in paragraphs (a) and (b) of this subdivision to six thousand dollars, nine thousand dollars and thirty thousand dollars, respectively, or four thousand dollars, six thousand dollars and twenty thousand dollars, respectively. Each county, city, town, or village is also authorized to adopt a local law to increase the maximum exemption allowable in paragraphs (a) and (b) of this subdivi- sion to ten thousand dollars, fifteen thousand dollars and fifty thou- sand dollars, respectively; twelve thousand dollars, eighteen thousand dollars and sixty thousand dollars, respectively; fourteen thousand dollars, twenty-one thousand dollars and seventy thousand dollars, respectively; sixteen thousand dollars, twenty-four thousand dollars and eighty thousand dollars, respectively; eighteen thousand dollars, twen- ty-seven thousand dollars and ninety thousand dollars, respectively; twenty thousand dollars, thirty thousand dollars and one hundred thou- sand dollars, respectively; twenty-two thousand dollars, thirty-three thousand dollars and one hundred ten thousand dollars, respectively; twenty-four thousand dollars, thirty-six thousand dollars and one hundred twenty thousand dollars, respectively; THIRTY-NINE THOUSAND DOLLARS, TWENTY-SIX THOUSAND DOLLARS, AND ONE HUNDRED THIRTY THOUSAND DOLLARS, RESPECTIVELY; FORTY-TWO THOUSAND DOLLARS, TWENTY-EIGHT THOUSAND DOLLARS, AND ONE HUNDRED FORTY THOUSAND DOLLARS, RESPECTIVELY; AND FORTY-FIVE THOUSAND DOLLARS, THIRTY THOUSAND DOLLARS AND ONE HUNDRED FIFTY THOUSAND DOLLARS, RESPECTIVELY. In addition, a county, city, town or village which is a "high-appreciation municipality" as defined in this subparagraph is authorized to adopt a local law to increase the maximum exemption allowable in paragraphs (a) and (b) of this subdivi- sion to twenty-six thousand dollars, thirty-nine thousand dollars and one hundred thirty thousand dollars, respectively; twenty-eight thousand dollars, forty-two thousand dollars and one hundred forty thousand dollars, respectively; thirty thousand dollars, forty-five thousand dollars and one hundred fifty thousand dollars, respectively; thirty-two thousand dollars, forty-eight thousand dollars and one hundred sixty thousand dollars, respectively; thirty-four thousand dollars, fifty-one thousand dollars and one hundred seventy thousand dollars, respectively; thirty-six thousand dollars, fifty-four thousand dollars and one hundred eighty thousand dollars, respectively; FIFTY-SEVEN THOUSAND DOLLARS, THIRTY-EIGHT THOUSAND DOLLARS AND ONE HUNDRED NINETY THOUSAND DOLLARS, RESPECTIVELY; SIXTY THOUSAND DOLLARS, FORTY THOUSAND DOLLARS AND TWO HUNDRED THOUSAND DOLLARS, RESPECTIVELY; SIXTY-THREE THOUSAND DOLLARS, FORTY-TWO THOUSAND DOLLARS AND TWO HUNDRED TEN THOUSAND DOLLARS, RESPEC- TIVELY; SIXTY-SIX THOUSAND DOLLARS, FORTY-FOUR THOUSAND DOLLARS AND TWO HUNDRED TWENTY THOUSAND DOLLARS, RESPECTIVELY; SIXTY-NINE THOUSAND DOLLARS, FORTY-SIX THOUSAND DOLLARS AND TWO HUNDRED THIRTY THOUSAND DOLLARS, RESPECTIVELY; SEVENTY-TWO THOUSAND DOLLARS, FORTY-EIGHT THOU- SAND DOLLARS AND TWO HUNDRED FORTY THOUSAND DOLLARS, RESPECTIVELY; SEVENTY-FIVE THOUSAND DOLLARS, FIFTY THOUSAND DOLLARS AND TWO HUNDRED FIFTY THOUSAND DOLLARS, RESPECTIVELY. For purposes of this subpara- graph, a "high-appreciation municipality" means: (A) a special assessing
unit that is a city, (B) a county for which the commissioner has estab- lished a sales price differential factor for purposes of the STAR exemption authorized by section four hundred twenty-five of this title in three consecutive years, and (C) a city, town or village which is wholly or partly located within such a county. S 3. This act shall take effect January 2, 2014; provided that sections one and two of this act shall apply to assessment rolls based on taxable status date occurring on or after such date.

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Discuss!

blog comments powered by Disqus