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A06058 Summary:

BILL NOA06058
 
SAME ASNo Same As
 
SPONSORFitzpatrick (MS)
 
COSPNSRBrabenec, DeStefano, Giglio, DiPietro, Hawley, Tague
 
MLTSPNSRBlankenbush, Manktelow
 
Amd §458-a, RPT L
 
Grants real property tax exemption to disabled veterans regardless of whether they served during a "period of war".
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A06058 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          6058
 
                               2025-2026 Regular Sessions
 
                   IN ASSEMBLY
 
                                    February 26, 2025
                                       ___________
 
        Introduced  by M. of A. FITZPATRICK, BRABENEC, DeSTEFANO, GIGLIO, DiPIE-
          TRO, HAWLEY, TAGUE -- Multi-Sponsored by  --  M.  of  A.  BLANKENBUSH,
          MANKTELOW  --  read  once  and  referred to the Committee on Veterans'
          Affairs
 
        AN ACT to amend the real property  tax  law,  in  relation  to  veterans
          alternative exemption

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Paragraph (e) of subdivision 1 of section 458-a of the real
     2  property tax law, as amended by chapter 611 of  the  laws  of  2023,  is
     3  amended to read as follows:
     4    (e)  "Veteran"  means  a person (i) who served in the active military,
     5  naval, or air service during a period of war, or who was a recipient  of
     6  the  armed  forces expeditionary medal, navy expeditionary medal, marine
     7  corps expeditionary medal, or  global  war  on  terrorism  expeditionary
     8  medal,  and who (1) was discharged or released therefrom under honorable
     9  conditions, or (2) has a qualifying condition, as defined in section one
    10  of the veterans' services law, and has received a discharge  other  than
    11  bad  conduct  or  dishonorable from such service, or (3) is a discharged
    12  LGBT veteran, as defined in section one of the veterans'  services  law,
    13  and has received a discharge other than bad conduct or dishonorable from
    14  such  service,  (ii) who was employed by the War Shipping Administration
    15  or Office of Defense Transportation or their agents as a merchant seaman
    16  documented by the United States Coast Guard or Department  of  Commerce,
    17  or  as  a  civil  servant  employed  by the United States Army Transport
    18  Service (later redesignated as the  United  States  Army  Transportation
    19  Corps,  Water  Division)  or  the  Naval Transportation Service; and who
    20  served satisfactorily as a  crew  member  during  the  period  of  armed
    21  conflict,  December  seventh,  nineteen  hundred  forty-one,  to  August
    22  fifteenth, nineteen  hundred  forty-five,  aboard  merchant  vessels  in
    23  oceangoing,  i.e.,  foreign,  intercoastal, or coastwise service as such

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04123-01-5

        A. 6058                             2
 
     1  terms are defined under federal law (46 USCA 10301 & 10501) and  further
     2  to  include "near foreign" voyages between the United States and Canada,
     3  Mexico, or the West Indies via ocean routes, or public vessels in ocean-
     4  going  service  or  foreign waters and who has received a Certificate of
     5  Release or Discharge from Active Duty and a discharge certificate, or an
     6  Honorable Service Certificate/Report of Casualty, from the department of
     7  defense, (iii) who served as a United States civilian  employed  by  the
     8  American  Field  Service  and served overseas under United States Armies
     9  and United States Army Groups in world war II during the period of armed
    10  conflict, December  seventh,  nineteen  hundred  forty-one  through  May
    11  eighth,  nineteen  hundred  forty-five,  and  who  (1) was discharged or
    12  released therefrom under honorable conditions, or (2) has  a  qualifying
    13  condition,  as defined in section one of the veterans' services law, and
    14  has received a discharge other than bad  conduct  or  dishonorable  from
    15  such service, or (3) is a discharged LGBT veteran, as defined in section
    16  one  of  the  veterans' services law, and has received a discharge other
    17  than bad conduct or dishonorable from such service, (iv) who served as a
    18  United States civilian Flight Crew and Aviation Ground Support  Employee
    19  of  Pan  American World Airways or one of its subsidiaries or its affil-
    20  iates and served overseas as a result of Pan  American's  contract  with
    21  Air  Transport  Command or Naval Air Transport Service during the period
    22  of armed  conflict,  December  fourteenth,  nineteen  hundred  forty-one
    23  through  August fourteenth, nineteen hundred forty-five, and who (1) was
    24  discharged or released therefrom under honorable conditions, or (2)  has
    25  a  qualifying  condition,  as  defined  in  section one of the veterans'
    26  services law, and has received a discharge other  than  bad  conduct  or
    27  dishonorable  from such service, or (3) is a discharged LGBT veteran, as
    28  defined in section one of the veterans' services law, and has received a
    29  discharge other than bad conduct or dishonorable from such service,  (v)
    30  notwithstanding  any  other  provision  of  law to the contrary, who are
    31  members of the reserve components of the  armed  forces  of  the  United
    32  States  who  (1)  received  an  honorable discharge or release therefrom
    33  under honorable conditions,  or  (2)  has  a  qualifying  condition,  as
    34  defined in section one of the veterans' services law, and has received a
    35  discharge  other  than bad conduct or dishonorable from such service, or
    36  (3) is a discharged LGBT veteran, as  defined  in  section  one  of  the
    37  veterans'  services  law,  and  has  received a discharge other than bad
    38  conduct or dishonorable from such service, but are still members of  the
    39  reserve  components  of  the  armed forces of the United States provided
    40  that such members meet all other qualifications under the provisions  of
    41  this  section, [or] (vi) who shall be considered to have been discharged
    42  or released from active military service  of  the  United  States  under
    43  honorable  conditions  if: (1) the individual served in the active mili-
    44  tary service of the United States for the period of time such individual
    45  was obligated to serve at the time of entry into service; (2) the  indi-
    46  vidual  was  not discharged or released from such service at the time of
    47  completing such period of obligation due to an intervening enlistment or
    48  reenlistment;  (3)  the  individual  would  have  been  eligible  for  a
    49  discharge  or  release  under conditions other than dishonorable at such
    50  time except for such intervening enlistment or reenlistment; and (4) the
    51  individual served in the active military service of  the  United  States
    52  for  a period of at least ten years, provided that such individual meets
    53  all other qualifications under the provisions of this section, or  (vii)
    54  who served in the active military, naval, or air service for a period of
    55  more  than  one  hundred  eighty-five  days  and received a compensation
    56  rating of sixty percent or greater,  from  the  United  States  veterans

        A. 6058                             3
 
     1  administration  or  from the United States department of defense because
     2  of a service connected disability.
     3    §  2.  This act shall take effect immediately; provided, however, that
     4  the real property tax exemptions authorized by section 458-a of the real
     5  property tax law, as amended by section one of  this  act,  shall  first
     6  apply  to assessment rolls prepared on the basis of taxable status dates
     7  occurring on or after August 30, 2008.
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