Bill Text: NY S04876 | 2009-2010 | General Assembly | Amended
Bill Title: Relates to prorating a veteran's exemption if such veteran moves within the same county.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed - Dead) 2010-06-02 - referred to veterans' affairs [S04876 Detail]
Download: New_York-2009-S04876-Amended.html
S T A T E O F N E W Y O R K
________________________________________________________________________
4876--A
2009-2010 Regular Sessions
I N S E N A T E
April 27, 2009
___________
Introduced by Sen. FOLEY -- read twice and ordered printed, and when
printed to be committed to the Committee on Veterans, Homeland Securi-
ty and Military Affairs -- recommitted to the Committee on Veterans,
Homeland Security and Military Affairs in accordance with Senate Rule
6, sec. 8 -- 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 to read as
3 follows:
4 9. Notwithstanding the provisions of subdivision one of this section,
5 the governing body of any municipality may, after public hearing, adopt
6 a local law, ordinance or resolution providing where a veteran, the
7 spouse of the veteran or unremarried surviving spouse already receiving
8 an exemption pursuant to this section sells the property receiving the
9 exemption and purchases property within the same [city, town or village]
10 COUNTY, the assessor shall transfer and prorate, for the remainder of
11 the fiscal year, the exemption which the veteran, the spouse of the
12 veteran or unremarried surviving spouse received. The prorated exemption
13 shall be based upon the date the veteran, the spouse of the veteran or
14 unremarried surviving spouse obtains title to the new property and shall
15 be calculated by multiplying the tax rate or rates for each municipal
16 corporation which levied taxes, or for which taxes were levied, on the
17 appropriate tax roll used for the fiscal year or years during which the
18 transfer occurred times the previously granted exempt amount times the
19 fraction of each fiscal year or years remaining subsequent to the trans-
20 fer of title. Nothing in this section shall be construed to remove the
21 requirement that any such veteran, the spouse of the veteran or unremar-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03861-03-0
S. 4876--A 2
1 ried surviving spouse transferring an exemption pursuant to this subdi-
2 vision shall reapply for the exemption authorized pursuant to this
3 section on or before the following taxable status date, in the event
4 such veteran, the spouse of the veteran or unremarried surviving spouse
5 wishes to receive the exemption in future fiscal years.
6 S 2. Subdivision 8 of section 458-a of the real property tax law, as
7 amended by chapter 503 of the laws of 2008, is amended to read as
8 follows:
9 8. Notwithstanding the provisions of paragraph (c) of subdivision one
10 of this section and subdivision three of this section, the governing
11 body of any municipality may, after public hearing, adopt a local law,
12 ordinance or resolution providing that where a veteran, the spouse of
13 the veteran or unremarried surviving spouse already receiving an
14 exemption pursuant to this section sells the property receiving the
15 exemption and purchases property within the same [city, town or village]
16 COUNTY, the assessor shall transfer and prorate, for the remainder of
17 the fiscal year, the exemption received. The prorated exemption shall be
18 based upon the date the veteran, the spouse of the veteran or unremar-
19 ried surviving spouse obtains title to the new property and shall be
20 calculated by multiplying the tax rate or rates for each municipal
21 corporation which levied taxes, or for which taxes were levied, on the
22 appropriate tax roll used for the fiscal year or years during which the
23 transfer occurred times the previously granted exempt amount times the
24 fraction of each fiscal year or years remaining subsequent to the trans-
25 fer of title. Nothing in this section shall be construed to remove the
26 requirement that any such veteran, the spouse of the veteran or unremar-
27 ried surviving spouse transferring an exemption pursuant to this subdi-
28 vision shall reapply for the exemption authorized pursuant to this
29 section on or before the following taxable status date, in the event
30 such veteran, the spouse of the veteran or unremarried surviving spouse
31 wishes to receive the exemption in future fiscal years.
32 S 3. This act shall take effect immediately and shall apply to the
33 levy of taxes based on the 2010 assessment roll in an approved assessing
34 unit.
