Bill Text: NY S07701 | 2011-2012 | General Assembly | Amended

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Bill Title: 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.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2012-06-18 - PRINT NUMBER 7701A [S07701 Detail]

Download: New_York-2011-S07701-Amended.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        7701--A
                                   I N  S E N A T E
                                     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    S  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    S 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.