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S06385 Summary:

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S06385 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         6385--A
            Cal. No. 16
 
                    IN SENATE
 
                                     January 8, 2016
                                       ___________
 
        Introduced  by  Sen. LAVALLE -- read twice and ordered printed, and when
          printed to be committed to the Committee on Rules -- reported  favora-
          bly  from said committee, ordered to a third reading, passed by Senate
          and delivered to the Assembly, recalled, vote  reconsidered,  restored
          to  third  reading, amended and ordered reprinted, retaining its place
          in the order of third reading
 
        AN ACT to amend the real property tax law, relating to exemptions avail-
          able to veterans, as proposed in legislative bill numbers S.4391-A and
          A.6223-A, 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:
 
     1    Section  1.  Subparagraph  (iii)  of paragraph (c) of subdivision 2 of
     2  section 458-b of the real property tax law, as amended by section 2 of a
     3  chapter of the laws of 2015, amending the real property tax law relating
     4  to exemptions available to veterans, as  proposed  in  legislative  bill
     5  numbers S.4391-A and A.6223-A, is amended to read as follows:
     6    (iii)  The  exemption  provided  by  paragraph (a) of this subdivision
     7  shall be granted for a period of ten years. The commencement of such ten
     8  year period shall be governed pursuant to  this  subparagraph.  Where  a
     9  qualified  owner owns qualifying residential real property on the effec-
    10  tive date of the local law providing for such exemption, such  ten  year
    11  period  shall  be measured from the assessment roll prepared pursuant to
    12  the first taxable status date occurring on or after the  effective  date
    13  of  the  local law providing for such exemption. Where a qualified owner
    14  does not own qualifying residential real property on the effective  date
    15  of  the  local  law  providing  for such exemption, such ten year period
    16  shall be measured from the assessment  roll  prepared  pursuant  to  the
    17  first  taxable  status date occurring at least sixty days after the date
    18  of purchase of qualifying residential real property; provided,  however,
    19  that  should  the  veteran  apply for and be granted an exemption on the
    20  assessment roll prepared pursuant to a  taxable  status  date  occurring
    21  within sixty days after the date of purchase of residential real proper-
    22  ty,  such  ten  year  period shall be measured from the first assessment
    23  roll in which the exemption occurs. If, before the  expiration  of  such
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08164-07-6
        S. 6385--A                          2
 
     1  ten  year  period,  such exempt property is sold and replaced with other
     2  residential real property, such exemption may  be  granted  pursuant  to
     3  this  subdivision  for  the  unexpired portion of the ten year exemption
     4  period.  Each  county,  city,  town  or village may adopt a local law to
     5  reduce the maximum exemption allowable in paragraphs (a) and (b) of this
     6  subdivision to six thousand dollars, nine thousand  dollars  and  thirty
     7  thousand  dollars,  respectively, or four thousand dollars, six thousand
     8  dollars and twenty thousand dollars, respectively.  Each  county,  city,
     9  town, or village is also authorized to adopt a local law to increase the
    10  maximum  exemption  allowable in paragraphs (a) and (b) of this subdivi-
    11  sion to ten thousand dollars, fifteen thousand dollars and  fifty  thou-
    12  sand  dollars,  respectively; twelve thousand dollars, eighteen thousand
    13  dollars and sixty  thousand  dollars,  respectively;  fourteen  thousand
    14  dollars,  twenty-one  thousand  dollars  and  seventy  thousand dollars,
    15  respectively; sixteen thousand dollars, twenty-four thousand dollars and
    16  eighty thousand dollars, respectively; eighteen thousand dollars,  twen-
    17  ty-seven  thousand  dollars  and  ninety thousand dollars, respectively;
    18  twenty thousand dollars, thirty thousand dollars and one  hundred  thou-
    19  sand  dollars,  respectively;  twenty-two thousand dollars, thirty-three
    20  thousand dollars and one hundred  ten  thousand  dollars,  respectively;
    21  twenty-four  thousand  dollars,  thirty-six  thousand  dollars  and  one
    22  hundred twenty thousand dollars, respectively; [thirty-nine]  twenty-six
    23  thousand  dollars,  [twenty-six]  thirty-nine  thousand dollars, and one
    24  hundred thirty thousand dollars, respectively; [forty-two]  twenty-eight
    25  thousand  dollars,  [twenty-eight]  forty-two  thousand dollars, and one
    26  hundred forty thousand dollars, respectively;  and  [forty-five]  thirty
    27  thousand  dollars,  [thirty] forty-five thousand dollars and one hundred
    28  fifty thousand dollars, respectively. In addition, a county, city,  town
    29  or  village  which  is  a "high-appreciation municipality" as defined in
    30  this subparagraph is authorized to adopt a local  law  to  increase  the
    31  maximum  exemption  allowable in paragraphs (a) and (b) of this subdivi-
    32  sion to twenty-six thousand dollars, thirty-nine  thousand  dollars  and
    33  one hundred thirty thousand dollars, respectively; twenty-eight thousand
    34  dollars,  forty-two  thousand  dollars  and  one  hundred forty thousand
    35  dollars, respectively;  thirty  thousand  dollars,  forty-five  thousand
    36  dollars and one hundred fifty thousand dollars, respectively; thirty-two
    37  thousand  dollars,  forty-eight  thousand  dollars and one hundred sixty
    38  thousand dollars, respectively; thirty-four thousand dollars,  fifty-one
    39  thousand dollars and one hundred seventy thousand dollars, respectively;
    40  thirty-six thousand dollars, fifty-four thousand dollars and one hundred
    41  eighty  thousand dollars, respectively; [fifty-seven] thirty-eight thou-
    42  sand  dollars,  [thirty-eight]  fifty-seven  thousand  dollars  and  one
    43  hundred  ninety  thousand  dollars, respectively; [sixty] forty thousand
    44  dollars,  [forty]  sixty  thousand  dollars  and  two  hundred  thousand
    45  dollars,   respectively;   [sixty-three]   forty-two  thousand  dollars,
    46  [forty-two] sixty-three thousand dollars and two  hundred  ten  thousand
    47  dollars,  respectively; [sixty-six] forty-four thousand dollars, [forty-
    48  four]  sixty-six  thousand  dollars  and  two  hundred  twenty  thousand
    49  dollars,  respectively; [sixty-nine] forty-six thousand dollars, [forty-
    50  six]  sixty-nine  thousand  dollars  and  two  hundred  thirty  thousand
    51  dollars,   respectively;  [seventy-two]  forty-eight  thousand  dollars,
    52  [forty-eight] seventy-two thousand dollars and two hundred  forty  thou-
    53  sand  dollars,  respectively;  [seventy-five]  fifty  thousand  dollars,
    54  [fifty] seventy-five thousand dollars and  two  hundred  fifty  thousand
    55  dollars,  respectively.   For purposes of this subparagraph, a "high-ap-
    56  preciation municipality" means: (A) a special assessing unit that  is  a
        S. 6385--A                          3
 
     1  city,  (B)  a  county for which the commissioner has established a sales
     2  price differential factor for purposes of the STAR exemption  authorized
     3  by  section  four hundred twenty-five of this title in three consecutive
     4  years, and (C) a city, town or village which is wholly or partly located
     5  within such a county.
     6    §  2.  This  act  shall  take  effect on the same date and in the same
     7  manner as a chapter of the laws of 2015, amending the real property  tax
     8  law  relating to exemptions available to veterans, as proposed in legis-
     9  lative bill numbers S.4391-A and A.6223-A, takes effect.