Bill S6468-2013

Authorizes school districts to grant the Cold War veterans' real property tax exemption

Authorizes school districts to grant the Cold War veterans' real property tax exemption.

Details

Actions

  • Jan 28, 2014: REFERRED TO VETERANS, HOMELAND SECURITY AND MILITARY AFFAIRS

Memo

BILL NUMBER:S6468

TITLE OF BILL: An act to amend the real property tax law, in relation to authorizing school districts to grant an exemption to Cold War veterans

PURPOSE:

To authorize the governing body of a school district to grant eligible Cold War veterans an exemption from school taxes.

SUMMARY OF PROVISIONS:

Section 1-3: Amends subdivision 2 of section 458-b of the real property tax law.

Section 4: Effective Date

JUSTIFICATION:

Sections 458-a and 458-b of the Real Property Tax law provide exemptions for real property taxation for qualified residential real property owned by certain veterans. Section 458-a is available to veterans of defined periods of war, veterans who received expeditionary medals or certain members of their family. Section 458-b provides a real property tax exemption for Cold War veterans or certain members of their family.

Last year, Chapter 518 of the Laws of 2013, amended Section 458-a to authorize the governing, body of a school district to grant the aforementioned veterans an alternative exemption from school taxes. However, Chapter 518 did not amend Section 458-b and as a result Cold War veterans are not able to receive a similar exemption from their school taxes. This legislation simply seeks to correct this discrepancy and extend to Cold War veterans the same benefits offered to other veterans.

LEGISLATIVE HISTORY:

New Bill.

FISCAL IMPLICATIONS:

None to State.

EFFECTIVE DATE:

Immediately.


Text

STATE OF NEW YORK ________________________________________________________________________ 6468 IN SENATE January 28, 2014 ___________
Introduced by Sen. LARKIN -- 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 authorizing school districts to grant an exemption to Cold War veterans THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Paragraph (a) of subdivision 2 of section 458-b of the real property tax law, as amended by chapter 235 of the laws of 2009, is amended to read as follows: (a) Each county, city, town or village may adopt a local law, AND EACH SCHOOL DISTRICT MAY ADOPT A RESOLUTION, to provide that qualifying resi- dential real property shall be exempt from taxation to the extent of either: (i) 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 of the assessing unit, or, in the case of a special assessing unit, the latest class ratio, whichever is less or; (ii) fifteen percent of the assessed value of such property; provided howev- er, that such exemption shall not exceed twelve thousand dollars or the product of twelve thousand dollars multiplied by the latest state equal- ization rate for the assessing unit, or, in the case of a special assessing unit, the latest class ratio, whichever is less. S 2. Subparagraphs (i) and (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, subparagraph (iii) as further amended by subdivision (b) of section 1 of part W of chapter 56 of the laws of 2010, are amended to read as follows: (i) The exemption from taxation provided by this subdivision shall be applicable to county, city, town, [and] village, AND SCHOOL DISTRICT taxation[, but shall not be applicable to taxes levied for school purposes]. (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 OR RESOLUTION 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 OR RESOLUTION providing for such exemption. Where a qualified owner does not own qualifying residential real property on the effective date of the local law OR RESOLUTION 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 quali- fying 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 property, 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, AND SCHOOL DISTRICT MAY ADOPT A RESOLUTION, to reduce the maximum exemption allowable in para- graphs (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, AND SCHOOL DISTRICT MAY ADOPT A RESOLUTION, to increase the maximum exemption allowable in paragraphs (a) and (b) of this subdivision to ten thousand dollars, fifteen thousand dollars and fifty thousand 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, twenty-seven thousand dollars and ninety thousand dollars, respectively; twenty thousand dollars, thirty thousand dollars and one hundred thousand 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. In addition, a county, city, town or village which is a "high-appreciation munici- pality" as defined in this subparagraph is authorized to adopt a local law, AND EACH SCHOOL DISTRICT WHICH IS WITHIN A HIGH-APPRECIATION MUNI- CIPALITY IS AUTHORIZED TO ADOPT A RESOLUTION, to increase the maximum exemption allowable in paragraphs (a) and (b) of this subdivision 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. 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. Subdivision 5 of section 458-b of the real property tax law, as added by chapter 655 of the laws of 2007, is amended to read as follows: 5. A local law OR RESOLUTION adopted pursuant to this section may be repealed by the governing body of the applicable county, city, town, [or] village OR SCHOOL DISTRICT. Such repeal shall occur at least nine- ty days prior to the taxable status date of such county, city, town, [or] village OR SCHOOL DISTRICT. S 4. This act shall take effect immediately.

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