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

                                  9043

                          I N  A S S E M B L Y

                             March 11, 2014
                               ___________

Introduced by M. of A. CUSICK -- read once and referred to the Committee
  on Veterans' Affairs

AN ACT to amend the real property tax law, in relation to veterans

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

  Section 1. Paragraph 3 of subdivision 1 of section  458  of  the  real
property  tax  law,  as  amended  by chapter 733 of the laws of 1959, is
amended to read as follows:
  (3) If the assessors are satisfied that the applicant is  entitled  to
any  exemption, they shall make appropriate entries upon the assessment-
roll opposite the description of such property and  subtract  the  total
amount  of such exemption from the total amount assessed pursuant to the
provisions of paragraph one of this subdivision. Such entries  shall  be
made  and  continued in each assessment of the property so long as it is
exempt from taxation for any purpose. Such real property, to the  extent
of  the  exemption entered by the assessors, shall be exempt from state,
county [and], general municipal AND SCHOOL DISTRICT taxation[, but shall
be taxable for local school purposes]. The provisions  herein,  relating
to  the  assessment  and  exemption  of property purchased with eligible
funds apply and shall be enforced in each municipal corporation  author-
ized to levy taxes.
  S 2. Paragraph (a) of subdivision 5 of section 458 of the real proper-
ty  tax  law,  as  amended  by  chapter  625 of the laws of 1995, and as
further amended by subdivision (b) of section 1 of part W of chapter  56
of the laws of 2010, is amended to read as follows:
  (a)   Notwithstanding  the  limitation  on  the  amount  of  exemption
prescribed in subdivision one or two of this section, upon adoption of a
local law by the governing board of a county, city, town  [or],  village
OR SCHOOL DISTRICT that levies taxes or for which taxes are levied on an
assessment  roll,  if  the total assessed value of the real property for
which such exemption has been granted  increases  or  decreases  as  the
result  of a revaluation or update of assessments, and a material change
in level of assessment, as provided in title two of  article  twelve  of
this chapter, is certified for the assessment roll pursuant to the rules

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

                                                           LBD14321-02-4

A. 9043                             2

of  the commissioner, the assessor shall increase or decrease the amount
of such exemption by multiplying the amount of  such  exemption  by  the
change  in  level  of  assessment  factor.  If the assessor receives the
certification after the completion, verification and filing of the final
assessment  roll,  the assessor shall certify the amount of exemption as
recomputed pursuant to this  paragraph  to  the  local  officers  having
custody  and  control  of  the  roll, and such local officers are hereby
directed and authorized to enter the recomputed exemption  certified  by
the assessor on the roll.
  S  3.  Subparagraph  (ii) of paragraph (d) of subdivision 5 of section
458 of the real property tax law, as added by chapter 178 of the laws of
1997, is amended to read as follows:
  (ii) An assessing unit which  finally  files  a  change  in  level  of
assessment  roll  in or after the calendar year nineteen hundred ninety-
eight may, pursuant to local law adopted by the  governing  board  of  a
county, city, town [or], village OR SCHOOL DISTRICT that levies taxes or
for which taxes are levied on an assessment roll, grant to every veteran
who  is  entitled to any additional eligible funds a recompute exemption
in lieu of the exemption otherwise authorized by this subdivision.  Such
recompute  exemption may be granted on any change in level of assessment
roll filed in or after calendar year nineteen  hundred  ninety-eight.  A
local  law adopted pursuant to this paragraph [(d)] shall not be subject
to referendum.
  S 4. Subparagraph (i) of paragraph (a) of subdivision 6 of section 458
of the real property tax law, as amended by chapter 625 of the  laws  of
1995, is amended to read as follows:
  (i)  Except  as  otherwise provided in subparagraph (ii) of this para-
graph, no new exemption may be granted pursuant to  subdivision  one  or
former subdivision five of this section on an assessment roll based upon
a  taxable  status  date  occurring  on  or after March second, nineteen
hundred eighty-six, except for purposes of taxes levied by or on  behalf
of  a county, city, town or village that has enacted and has in effect a
local law as provided in PARAGRAPH (A) OF subdivision  four  of  section
four hundred fifty-eight-a of this [chapter] TITLE.  Notwithstanding the
foregoing, the owner of real property receiving an exemption pursuant to
subdivision  one  or  former  subdivision  five of this section prior to
March second, nineteen hundred eighty-six may continue  to  receive  the
exemption on the property to which it is applicable.
  S  5.  Subdivision  9  of section 458 of the real property tax law, as
amended by chapter 503 of the laws  of  2008,  is  amended  to  read  as
follows:
  9.  Notwithstanding the provisions of subdivision one of this section,
the governing body of any municipality may, after public hearing,  adopt
a  local  law,  ordinance  or  resolution providing where a veteran, the
spouse of the veteran or unremarried surviving spouse already  receiving
an  exemption  pursuant to this section sells the property receiving the
exemption and purchases  property  within  the  same  city,  town  [or],
village OR SCHOOL DISTRICT, the assessor shall transfer and prorate, for
the  remainder  of the fiscal year, the exemption which the veteran, the
spouse of the veteran or  unremarried  surviving  spouse  received.  The
prorated  exemption shall be based upon the date the veteran, the spouse
of the veteran or unremarried surviving spouse obtains title to the  new
property  and  shall  be calculated by multiplying the tax rate or rates
for each municipal corporation which levied taxes, or  for  which  taxes
were  levied,  on  the  appropriate tax roll used for the fiscal year or
years during which the transfer occurred times  the  previously  granted

A. 9043                             3

exempt  amount times the fraction of each fiscal year or years remaining
subsequent to the transfer of title. Nothing in this  section  shall  be
construed to remove the requirement that any such veteran, the spouse of
the  veteran  or  unremarried surviving spouse transferring an exemption
pursuant to this subdivision shall reapply for the exemption  authorized
pursuant to this section on or before the following taxable status date,
in  the  event  such  veteran,  the spouse of the veteran or unremarried
surviving spouse wishes to receive the exemption in future fiscal years.
  S 6. This act shall take effect immediately.