Relates to prorating a veteran's exemption if such veteran moves within the same county, or in the case of a city having a population of one million or more persons, within the same city.
STATE OF NEW YORK
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7701--A
IN SENATE
June 14, 2012
___________
Introduced by Sen. BALL -- read twice and ordered printed, and when
printed to be committed to the Committee on Rules -- committee
discharged, bill amended, ordered reprinted as amended and recommitted
to said committee
AN ACT to amend the real property tax law, in relation to prorating a
veteran's exemption if such veteran moves within the same county
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 9 of section 458 of the real property tax law,
2 as amended by chapter 503 of the laws of 2008, is amended and a new
3 subdivision 10 is added to read as follows:
4 9. Notwithstanding the provisions of subdivision one of this section,
5 the governing body of any [municipality] city, town or village may,
6 after public hearing, adopt a local law, ordinance or resolution provid-
7 ing where a veteran, the spouse of the veteran or unremarried surviving
8 spouse already receiving an exemption pursuant to this section sells the
9 property receiving the exemption and purchases property within the same
10 [city, town or village] county, or in the case of a city having a popu-
11 lation of one million or more persons, within the same city, the asses-
12 sor shall transfer and prorate, for the remainder of the fiscal year,
13 the exemption which the veteran, the spouse of the veteran or unremar-
14 ried surviving spouse received. The prorated exemption shall be based
15 upon the date the veteran, the spouse of the veteran or unremarried
16 surviving spouse obtains title to the new property and shall be calcu-
17 lated by multiplying the tax rate or rates for each municipal corpo-
18 ration which levied taxes, or for which taxes were levied, on the appro-
19 priate tax roll used for the fiscal year or years during which the
20 transfer occurred times the previously granted exempt amount times the
21 fraction of each fiscal year or years remaining subsequent to the trans-
22 fer of title. Nothing in this section shall be construed to remove the
23 requirement that any such veteran, the spouse of the veteran or unremar-
24 ried surviving spouse transferring an exemption pursuant to this subdi-
25 vision shall reapply for the exemption authorized pursuant to this
26 section on or before the following taxable status date, in the event
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD07916-07-2
S. 7701--A 2
1 such veteran, the spouse of the veteran or unremarried surviving spouse
2 wishes to receive the exemption in future fiscal years.
3 10. Notwithstanding the provisions of subdivision one of this
4 section, the governing body of any county or city with a population of
5 one million or more persons may, after public hearing, adopt a local
6 law, ordinance or resolution providing where a veteran, the spouse of
7 the veteran or unremarried surviving spouse already receiving an
8 exemption pursuant to this section sells the property receiving the
9 exemption and purchases property within the same county, or in the case
10 of a city having a population of one million or more persons, within the
11 same city, the assessor shall transfer and prorate, for the remainder of
12 the fiscal year, the exemption which the veteran, the spouse of the
13 veteran or unremarried surviving spouse received. The prorated exemption
14 shall be based upon the date the veteran, the spouse of the veteran or
15 unremarried surviving spouse obtains title to the new property and shall
16 be calculated by multiplying the tax rate or rates for each municipal
17 corporation which levied taxes, or for which taxes were levied, on the
18 appropriate tax roll used for the fiscal year or years during which the
19 transfer occurred times the previously granted exempt amount times the
20 fraction of each fiscal year or years remaining subsequent to the trans-
21 fer of title. Nothing in this section shall be construed to remove the
22 requirement that any such veteran, the spouse of the veteran or unremar-
23 ried surviving spouse transferring an exemption pursuant to this subdi-
24 vision shall reapply for the exemption authorized pursuant to this
25 section on or before the following taxable status date, in the event
26 such veteran, the spouse of the veteran or unremarried surviving spouse
27 wishes to receive the exemption in future fiscal years.
28 § 2. Subdivision 8 of section 458-a of the real property tax law, as
29 amended by chapter 503 of the laws of 2008, is amended and a new subdi-
30 vision 9 is added to read as follows:
31 8. Notwithstanding the provisions of paragraph (c) of subdivision one
32 of this section and subdivision three of this section, the governing
33 body of any [municipality] city, town or village may, after public hear-
34 ing, adopt a local law, ordinance or resolution providing that where a
35 veteran, the spouse of the veteran or unremarried surviving spouse
36 already receiving an exemption pursuant to this section sells the prop-
37 erty receiving the exemption and purchases property within the same
38 [city, town or village] county, or in the case of a city having a popu-
39 lation of one million or more persons, within the same city, the asses-
40 sor shall transfer and prorate, for the remainder of the fiscal year,
41 the exemption received. The prorated exemption shall be based upon the
42 date the veteran, the spouse of the veteran or unremarried surviving
43 spouse obtains title to the new property and shall be calculated by
44 multiplying the tax rate or rates for each municipal corporation which
45 levied taxes, or for which taxes were levied, on the appropriate tax
46 roll used for the fiscal year or years during which the transfer
47 occurred times the previously granted exempt amount times the fraction
48 of each fiscal year or years remaining subsequent to the transfer of
49 title. Nothing in this section shall be construed to remove the require-
50 ment that any such veteran, the spouse of the veteran or unremarried
51 surviving spouse transferring an exemption pursuant to this subdivision
52 shall reapply for the exemption authorized pursuant to this section on
53 or before the following taxable status date, in the event such veteran,
54 the spouse of the veteran or unremarried surviving spouse wishes to
55 receive the exemption in future fiscal years.
S. 7701--A 3
1 9. Notwithstanding the provisions of paragraph (c) of subdivision one
2 of this section and subdivision three of this section, the governing
3 body of any county or city having a population of one million or more
4 persons may, after public hearing, adopt a local law, ordinance or
5 resolution providing that where a veteran, the spouse of the veteran or
6 unremarried surviving spouse already receiving an exemption pursuant to
7 this section sells the property receiving the exemption and purchases
8 property within the same county, or in the case of a city having a popu-
9 lation of one million or more persons, within the same city, the asses-
10 sor shall transfer and prorate, for the remainder of the fiscal year,
11 the exemption received. The prorated exemption shall be based upon the
12 date the veteran, the spouse of the veteran or unremarried surviving
13 spouse obtains title to the new property and shall be calculated by
14 multiplying the tax rate or rates for each municipal corporation which
15 levied taxes, or for which taxes were levied, on the appropriate tax
16 roll used for the fiscal year or years during which the transfer
17 occurred times the previously granted exempt amount times the fraction
18 of each fiscal year or years remaining subsequent to the transfer of
19 title. Nothing in this section shall be construed to remove the require-
20 ment that any such veteran, the spouse of the veteran or unremarried
21 surviving spouse transferring an exemption pursuant to this subdivision
22 shall reapply for the exemption authorized pursuant to this section on
23 or before the following taxable status date, in the event such veteran,
24 the spouse of the veteran or unremarried surviving spouse wishes to
25 receive the exemption in future fiscal years.
26 § 3. This act shall take effect on the second of January next succeed-
27 ing the date on which it shall have become a law and shall apply to
28 assessment rolls prepared on the basis of taxable status dates occurring
29 on and after such date.
