S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  9867

                          I N  A S S E M B L Y

                              May 27, 2014
                               ___________

Introduced by M. of A. ABINANTI -- read once and referred to the Commit-
  tee on Veterans' Affairs

AN ACT to amend the real property tax law, in relation to veteran alter-
  native tax exemptions

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 458-a of the real property tax law  is  amended  by
adding two new subdivisions 9 and 10 to read as follows:
  9.  THE  ASSESSED  VALUE  OF  ANY  EXEMPTION  GRANTED PURSUANT TO THIS
SECTION SHALL BE ENTERED BY THE ASSESSOR ON THE ASSESSMENT ROLL WITH THE
TAXABLE PROPERTY, WITH THE AMOUNT OF THE EXEMPTION ENTERED IN A SEPARATE
COLUMN.
  10. THE EXEMPTION AUTHORIZED BY THIS SECTION  SHALL  HAVE  THE  EFFECT
SPECIFIED  IN  SECTION  THIRTEEN  HUNDRED  SIX-B  OF  THIS  CHAPTER. THE
EXEMPTION SHALL NOT BE CONSIDERED WHEN DETERMINING STATE AID  TO  EDUCA-
TION  PURSUANT  TO  SECTION THIRTY-SIX HUNDRED TWO OF THE EDUCATION LAW,
WHEN DETERMINING SCHOOL DISTRICT  DEBT  LIMITS  PURSUANT  TO  LAW,  WHEN
DETERMINING THE AMOUNT OF TAXES TO BE LEVIED BY OR ON BEHALF OF A SCHOOL
DISTRICT,  WHEN CALCULATING TAX RATES FOR A SCHOOL DISTRICT, WHEN APPOR-
TIONING TAXES BETWEEN OR AMONG SCHOOL DISTRICTS, WHEN APPORTIONING TAXES
AMONG CLASSES IN A SPECIAL ASSESSING UNIT UNDER ARTICLE EIGHTEEN OF THIS
CHAPTER, OR WHEN APPORTIONING  TAXES  BETWEEN  CLASSES  IN  AN  APPROVED
ASSESSING UNIT UNDER ARTICLE NINETEEN OF THIS CHAPTER.
  S  2.  The  real  property  tax law is amended by adding a new section
1306-b to read as follows:
  S 1306-B.   EFFECT  OF  VETERANS  ALTERNATIVE  EXEMPTION  UPON  SCHOOL
DISTRICT TAXES; STATE AID. 1. LEVY OF TAXES; DETERMINATION OF TAXES DUE.
THE AMOUNT OF TAXES TO BE LEVIED FOR ANY SCHOOL YEAR SHALL BE DETERMINED
WITHOUT  REGARD  TO  THE FACT THAT STATE AID WILL BE PAYABLE PURSUANT TO
THIS SECTION. IN ADDITION, THE TAX RATE FOR ANY  SCHOOL  YEAR  SHALL  BE
DETERMINED  AS  IF  NO  PARCELS  WERE  EXEMPT  FROM TAXATION PURSUANT TO
SECTION FOUR HUNDRED FIFTY-EIGHT-A OF THIS  CHAPTER.  HOWEVER,  THE  TAX
RATE  SO  DETERMINED  SHALL  BE APPLIED TO THE TAXABLE ASSESSED VALUE OF
EACH PARCEL AFTER ACCOUNTING FOR ALL  APPLICABLE  EXEMPTIONS,  INCLUDING

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

                                                           LBD14644-05-4

A. 9867                             2

THE  EXEMPTION  AUTHORIZED BY SECTION FOUR HUNDRED FIFTY-EIGHT-A OF THIS
CHAPTER.
  2.  TAX  SAVINGS.  THE  TAX  SAVINGS  FOR  EACH  PARCEL  RECEIVING THE
EXEMPTION AUTHORIZED BY SECTION FOUR HUNDRED FIFTY-EIGHT-A OF THIS CHAP-
TER SHALL BE COMPUTED BY SUBTRACTING THE AMOUNT ACTUALLY LEVIED  AGAINST
THE  PARCEL  FROM  THE AMOUNT THAT WOULD HAVE BEEN LEVIED IF NOT FOR THE
EXEMPTION.
  3. STATE AID. (A) THE TOTAL TAX SAVINGS DULY PROVIDED BY  EACH  SCHOOL
DISTRICT  PURSUANT  TO THIS SECTION SHALL BE A STATE CHARGE, WHICH SHALL
BE PAYABLE AS PROVIDED HEREIN.
  (B) A SCHOOL DISTRICT SEEKING STATE AID PURSUANT TO THIS SECTION SHALL
SUBMIT AN APPLICATION THEREFOR  TO  THE  COMMISSIONER.  THE  APPLICATION
SHALL INCLUDE SUCH INFORMATION AS THE COMMISSIONER SHALL REQUIRE.
  (C)  UPON  APPROVING  AN  APPLICATION  FOR  STATE AID PURSUANT TO THIS
SECTION, THE COMMISSIONER SHALL COMPUTE AND CERTIFY TO THE  COMMISSIONER
OF  EDUCATION THE AMOUNTS PAYABLE TO THE SCHOOL DISTRICT. SUCH STATE AID
SHALL BE PAYABLE UPON THE AUDIT AND WARRANT  OF  THE  STATE  COMPTROLLER
FROM  VOUCHERS  CERTIFIED AND APPROVED BY THE COMMISSIONER OF EDUCATION,
AS PROVIDED BY SECTION THIRTY-SIX HUNDRED NINE-E OF THE  EDUCATION  LAW,
AS APPLICABLE.
  (D)  THE  COMMISSIONER MAY AUDIT AN APPLICATION FOR STATE AID PURSUANT
TO THIS SECTION WITHIN ONE YEAR AFTER AUTHORIZING  PAYMENT  THEREON.  IF
THE  COMMISSIONER  SHOULD DISCOVER THAT A SCHOOL DISTRICT HAS RECEIVED A
GREATER OR LESSER AMOUNT OF SUCH AID THAN IT SHOULD HAVE  RECEIVED,  THE
COMMISSIONER  SHALL  SO  NOTIFY THE SCHOOL DISTRICT, AND SHALL CAUSE THE
NEXT PAYMENT OF SUCH AID TO THE SCHOOL DISTRICT TO BE  ADJUSTED  ACCORD-
INGLY.
  (E)  WHEN  AN EXEMPTION PURSUANT TO SECTION FOUR HUNDRED FIFTY-EIGHT-A
OF THIS CHAPTER HAS BEEN REVOKED, THE AID PAYABLE TO THE SCHOOL DISTRICT
PURSUANT TO THIS SECTION SHALL BE REDUCED BY THE  AMOUNT  OF  THE  TAXES
ATTRIBUTABLE TO THE REVOKED EXEMPTION.
  S 3. Paragraph (c) of subdivision 1 of section 458-a of the real prop-
erty  tax law, as amended by chapter 100 of the laws of 1988, is amended
to read as follows:
  (c) "Qualified owner" means a veteran, the spouse of a veteran or  the
unremarried  surviving  spouse of a veteran, PROVIDED SUCH PERSON IS NOT
EARNING AN ANNUAL INCOME EQUAL TO OR IN EXCESS OF FIVE HUNDRED  THOUSAND
DOLLARS.  Where  property is owned by more than one qualified owner, the
exemption to which each is entitled may be combined. Where a veteran  is
also the unremarried surviving spouse of a veteran, such person may also
receive any exemption to which the deceased spouse was entitled.
  S  4.  This act shall take effect immediately and shall apply to taxa-
ble years beginning on and after January 1, 2014.