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A06223 Summary:

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A06223 Committee Votes:

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A06223 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
            S. 4391--A                                            A. 6223--A
            Cal. No. 507
 
                               2015-2016 Regular Sessions
 
                SENATE - ASSEMBLY
 
                                     March 18, 2015
                                       ___________
 
        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 -- reported favorably from said
          committee, ordered to first and second  report,  ordered  to  a  third
          reading,  amended  and  ordered  reprinted, retaining its place in the
          order of third reading
 
        IN ASSEMBLY -- Introduced by M. of A. THIELE, MILLER --  Multi-Sponsored
          by  --  M.  of A. HAWLEY -- read once and referred to the Committee on
          Veterans' Affairs -- reported and referred to the  Committee  on  Ways
          and  Means -- 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  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 (ii) of paragraph  (d)  of  subdivision  2  of
     2  section 458-a of the real property tax law, as amended by chapter 518 of
     3  the laws of 2013, is amended to read as follows:
     4    (ii)  Each  county, city, town, village or school district may adopt a
     5  local law to reduce the maximum exemption allowable in  paragraphs  (a),
     6  (b)  and  (c) of this subdivision to nine thousand dollars, six thousand
     7  dollars and thirty  thousand  dollars,  respectively,  or  six  thousand
     8  dollars,  four thousand dollars and twenty thousand dollars, respective-
     9  ly. Each county, city, town, village or school district is also  author-
    10  ized to adopt a local law to increase the maximum exemption allowable in
    11  paragraphs  (a),  (b)  and  (c)  of this subdivision to fifteen thousand
    12  dollars, ten thousand dollars and fifty thousand dollars,  respectively;
    13  eighteen  thousand  dollars,  twelve thousand dollars and sixty thousand
    14  dollars, respectively; twenty-one thousand  dollars,  fourteen  thousand
    15  dollars,  and  seventy thousand dollars, respectively; twenty-four thou-
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08164-02-5
        S. 4391--A                          2                         A. 6223--A
 
     1  sand dollars, sixteen thousand dollars,  and  eighty  thousand  dollars,
     2  respectively;  twenty-seven thousand dollars, eighteen thousand dollars,
     3  and ninety thousand  dollars,  respectively;  thirty  thousand  dollars,
     4  twenty thousand dollars, and one hundred thousand dollars, respectively;
     5  thirty-three  thousand  dollars,  twenty-two  thousand  dollars, and one
     6  hundred ten thousand dollars, respectively; thirty-six thousand dollars,
     7  twenty-four thousand dollars, and one hundred twenty  thousand  dollars,
     8  respectively; thirty-nine thousand dollars, twenty-six thousand dollars,
     9  and  one  hundred thirty thousand dollars, respectively; forty-two thou-
    10  sand dollars, twenty-eight thousand dollars, and one hundred forty thou-
    11  sand dollars, respectively;  and  forty-five  thousand  dollars,  thirty
    12  thousand  dollars  and one hundred fifty thousand dollars, respectively.
    13  In addition, a county, city, town, village or school district which is a
    14  "high-appreciation municipality" as  defined  in  this  subparagraph  is
    15  authorized to adopt a local law to increase the maximum exemption allow-
    16  able  in  paragraphs (a), (b) and (c) of this subdivision to thirty-nine
    17  thousand dollars, twenty-six thousand dollars, and  one  hundred  thirty
    18  thousand dollars, respectively; forty-two thousand dollars, twenty-eight
    19  thousand  dollars, and one hundred forty thousand dollars, respectively;
    20  forty-five thousand dollars, thirty thousand  dollars  and  one  hundred
    21  fifty  thousand  dollars,  respectively;  forty-eight  thousand dollars,
    22  thirty-two thousand dollars and  one  hundred  sixty  thousand  dollars,
    23  respectively;  fifty-one  thousand dollars, thirty-four thousand dollars
    24  and one hundred seventy thousand dollars, respectively; fifty-four thou-
    25  sand dollars, thirty-six thousand dollars and one hundred  eighty  thou-
    26  sand  dollars,  respectively; fifty-seven thousand dollars, thirty-eight
    27  thousand dollars and one hundred ninety thousand dollars,  respectively;
    28  sixty  thousand dollars, forty thousand dollars and two hundred thousand
    29  dollars, respectively; sixty-three thousand dollars, forty-two  thousand
    30  dollars  and  two  hundred ten thousand dollars, respectively; sixty-six
    31  thousand dollars, forty-four thousand dollars  and  two  hundred  twenty
    32  thousand  dollars,  respectively; sixty-nine thousand dollars, forty-six
    33  thousand dollars and two hundred thirty thousand dollars,  respectively;
    34  seventy-two  thousand  dollars,  forty-eight  thousand  dollars  and two
    35  hundred forty  thousand  dollars,  respectively;  seventy-five  thousand
    36  dollars,  fifty thousand dollars and two hundred fifty thousand dollars,
    37  respectively.  For purposes of this subparagraph,  a  "high-appreciation
    38  municipality"  means: (A) a special assessing unit that is a city, (B) a
    39  county for which the commissioner has established a sales price  differ-
    40  ential  factor  for purposes of the STAR exemption authorized by section
    41  four hundred twenty-five of this title in three consecutive  years,  and
    42  (C)  a  city, town, village or school district which is wholly or partly
    43  located within such a county.
    44    § 2. Subparagraph (iii) of paragraph (c) of subdivision 2  of  section
    45  458-b  of  the  real  property tax law, as amended by chapter 235 of the
    46  laws of 2009 and as further amended by subdivision (b) of section  1  of
    47  part W of chapter 56 of the laws of 2010, is amended to read as follows:
    48    (iii)  The  exemption  provided  by  paragraph (a) of this subdivision
    49  shall be granted for a period of ten years. The commencement of such ten
    50  year period shall be governed pursuant to  this  subparagraph.  Where  a
    51  qualified  owner owns qualifying residential real property on the effec-
    52  tive date of the local law providing for such exemption, such  ten  year
    53  period  shall  be measured from the assessment roll prepared pursuant to
    54  the first taxable status date occurring on or after the  effective  date
    55  of  the  local law providing for such exemption. Where a qualified owner
    56  does not own qualifying residential real property on the effective  date
        S. 4391--A                          3                         A. 6223--A
 
     1  of  the  local  law  providing  for such exemption, such ten year period
     2  shall be measured from the assessment  roll  prepared  pursuant  to  the
     3  first  taxable  status date occurring at least sixty days after the date
     4  of  purchase of qualifying residential real property; provided, however,
     5  that should the veteran apply for and be granted  an  exemption  on  the
     6  assessment  roll  prepared  pursuant  to a taxable status date occurring
     7  within sixty days after the date of purchase of residential real proper-
     8  ty, such ten year period shall be measured  from  the  first  assessment
     9  roll  in  which  the exemption occurs. If, before the expiration of such
    10  ten year period, such exempt property is sold and  replaced  with  other
    11  residential  real  property,  such  exemption may be granted pursuant to
    12  this subdivision for the unexpired portion of  the  ten  year  exemption
    13  period.  Each  county,  city,  town  or village may adopt a local law to
    14  reduce the maximum exemption allowable in paragraphs (a) and (b) of this
    15  subdivision to six thousand dollars, nine thousand  dollars  and  thirty
    16  thousand  dollars,  respectively, or four thousand dollars, six thousand
    17  dollars and twenty thousand dollars, respectively.  Each  county,  city,
    18  town, or village is also authorized to adopt a local law to increase the
    19  maximum  exemption  allowable in paragraphs (a) and (b) of this subdivi-
    20  sion to ten thousand dollars, fifteen thousand dollars and  fifty  thou-
    21  sand  dollars,  respectively; twelve thousand dollars, eighteen thousand
    22  dollars and sixty  thousand  dollars,  respectively;  fourteen  thousand
    23  dollars,  twenty-one  thousand  dollars  and  seventy  thousand dollars,
    24  respectively; sixteen thousand dollars, twenty-four thousand dollars and
    25  eighty thousand dollars, respectively; eighteen thousand dollars,  twen-
    26  ty-seven  thousand  dollars  and  ninety thousand dollars, respectively;
    27  twenty thousand dollars, thirty thousand dollars and one  hundred  thou-
    28  sand  dollars,  respectively;  twenty-two thousand dollars, thirty-three
    29  thousand dollars and one hundred  ten  thousand  dollars,  respectively;
    30  twenty-four  thousand  dollars,  thirty-six  thousand  dollars  and  one
    31  hundred twenty  thousand  dollars,  respectively;  thirty-nine  thousand
    32  dollars,  twenty-six  thousand  dollars, and one hundred thirty thousand
    33  dollars, respectively; forty-two thousand dollars, twenty-eight thousand
    34  dollars, and one  hundred  forty  thousand  dollars,  respectively;  and
    35  forty-five  thousand  dollars,  thirty  thousand dollars and one hundred
    36  fifty thousand dollars, respectively. In addition, a county, city,  town
    37  or  village  which  is  a "high-appreciation municipality" as defined in
    38  this subparagraph is authorized to adopt a local  law  to  increase  the
    39  maximum  exemption  allowable in paragraphs (a) and (b) of this subdivi-
    40  sion to twenty-six thousand dollars, thirty-nine  thousand  dollars  and
    41  one hundred thirty thousand dollars, respectively; twenty-eight thousand
    42  dollars,  forty-two  thousand  dollars  and  one  hundred forty thousand
    43  dollars, respectively;  thirty  thousand  dollars,  forty-five  thousand
    44  dollars and one hundred fifty thousand dollars, respectively; thirty-two
    45  thousand  dollars,  forty-eight  thousand  dollars and one hundred sixty
    46  thousand dollars, respectively; thirty-four thousand dollars,  fifty-one
    47  thousand dollars and one hundred seventy thousand dollars, respectively;
    48  thirty-six thousand dollars, fifty-four thousand dollars and one hundred
    49  eighty  thousand  dollars,  respectively;  fifty-seven thousand dollars,
    50  thirty-eight thousand dollars and one hundred ninety  thousand  dollars,
    51  respectively;  sixty  thousand  dollars,  forty thousand dollars and two
    52  hundred thousand dollars, respectively;  sixty-three  thousand  dollars,
    53  forty-two thousand dollars and two hundred ten thousand dollars, respec-
    54  tively;  sixty-six thousand dollars, forty-four thousand dollars and two
    55  hundred  twenty  thousand  dollars,  respectively;  sixty-nine  thousand
    56  dollars,  forty-six  thousand  dollars  and  two hundred thirty thousand
        S. 4391--A                          4                         A. 6223--A
 
     1  dollars, respectively; seventy-two thousand dollars,  forty-eight  thou-
     2  sand  dollars  and  two  hundred  forty  thousand dollars, respectively;
     3  seventy-five thousand dollars, fifty thousand dollars  and  two  hundred
     4  fifty  thousand  dollars,  respectively.   For purposes of this subpara-
     5  graph, a "high-appreciation municipality" means: (A) a special assessing
     6  unit that is a city, (B) a county for which the commissioner has  estab-
     7  lished  a  sales  price  differential  factor  for  purposes of the STAR
     8  exemption authorized by section four hundred twenty-five of  this  title
     9  in  three  consecutive  years,  and (C) a city, town or village which is
    10  wholly or partly located within such a county.
    11    § 3. This act shall take effect January 2, 2016; provided that:
    12    1. sections one and two of this act shall apply  to  assessment  rolls
    13  based on taxable status dates occurring on or after such date; and
    14    2. the increase in the maximum allowable exemption amount set forth in
    15  subparagraph (ii) of paragraph (d) of subdivision 2 of section 458-a and
    16  subparagraph (iii) of paragraph (c) of subdivision 2 of section 458-b of
    17  the  real  property  tax  law as amended by sections one and two of this
    18  act, respectively, shall only apply to local laws adopted  on  or  after
    19  such date.