Bill Text: NY A05858 | 2019-2020 | General Assembly | Introduced


Bill Title: Grants real property tax exemption to disabled veterans regardless of whether he or she served during a "period of war".

Spectrum: Partisan Bill (Republican 12-0)

Status: (Introduced - Dead) 2020-07-15 - held for consideration in veterans' affairs [A05858 Detail]

Download: New_York-2019-A05858-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          5858
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    February 20, 2019
                                       ___________
        Introduced  by  M.  of  A.  FITZPATRICK, HAWLEY, GIGLIO, KOLB, DiPIETRO,
          TAGUE, BYRNES, DeSTEFANO, SALKA -- 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 384 of  the  laws  of  2008,  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  was  discharged  or released therefrom under honorable
     9  conditions, (ii) who was employed by the War Shipping Administration  or
    10  Office  of  Defense  Transportation or their agents as a merchant seaman
    11  documented by the United States Coast Guard or Department  of  Commerce,
    12  or  as  a  civil  servant  employed  by the United States Army Transport
    13  Service (later redesignated as the  United  States  Army  Transportation
    14  Corps,  Water  Division)  or  the  Naval Transportation Service; and who
    15  served satisfactorily as a  crew  member  during  the  period  of  armed
    16  conflict,  December  seventh,  nineteen  hundred  forty-one,  to  August
    17  fifteenth, nineteen  hundred  forty-five,  aboard  merchant  vessels  in
    18  oceangoing,  i.e.,  foreign,  intercoastal, or coastwise service as such
    19  terms are defined under federal law (46 USCA 10301 & 10501) and  further
    20  to  include "near foreign" voyages between the United States and Canada,
    21  Mexico, or the West Indies via ocean routes, or public vessels in ocean-
    22  going service or foreign waters and who has received  a  Certificate  of
    23  Release or Discharge from Active Duty and a discharge certificate, or an
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05981-01-9

        A. 5858                             2
     1  Honorable Service Certificate/Report of Casualty, from the department of
     2  defense,  (iii)  who  served as a United States civilian employed by the
     3  American Field Service and served overseas under  United  States  Armies
     4  and United States Army Groups in world war II during the period of armed
     5  conflict,  December  seventh,  nineteen  hundred  forty-one  through May
     6  eighth, nineteen hundred forty-five, and who was discharged or  released
     7  therefrom under honorable conditions, (iv) who served as a United States
     8  civilian  Flight Crew and Aviation Ground Support Employee of Pan Ameri-
     9  can World Airways or one of  its  subsidiaries  or  its  affiliates  and
    10  served  overseas  as a result of Pan American's contract with Air Trans-
    11  port Command or Naval Air Transport Service during the period  of  armed
    12  conflict, December fourteenth, nineteen hundred forty-one through August
    13  fourteenth,  nineteen  hundred  forty-five,  and  who  was discharged or
    14  released therefrom under honorable conditions, [or] (v)  notwithstanding
    15  any  other  provision  of  law  to  the contrary, who are members of the
    16  reserve components of the armed forces of the United States who received
    17  an honorable discharge or release therefrom under honorable  conditions,
    18  but  are  still members of the reserve components of the armed forces of
    19  the United States provided that such members meet all  other  qualifica-
    20  tions  under  the  provisions of this section, or (vi) who served in the
    21  active military, naval, or air service for a period  of  more  than  one
    22  hundred  eighty-five  days  and  received a compensation rating of sixty
    23  percent or greater, from the United States  veterans  administration  or
    24  from  the  United  States  department  of  defense  because of a service
    25  connected disability.
    26    § 2. This act shall take effect immediately; provided  that  the  real
    27  property tax exemptions authorized by section 458-a of the real property
    28  tax  law,  as  amended  by section one of this act, shall first apply to
    29  assessment rolls prepared on the basis of taxable status dates occurring
    30  on or after August 30, 2008.
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