S T A T E   O F   N E W   Y O R K
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                                 3379--A

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 22, 2015
                               ___________

Introduced  by M. of A. CUSICK, SKOUFIS, THIELE, MILLER, CURRAN, COLTON,
  BRABENEC -- read once and  referred  to  the  Committee  on  Veterans'
  Affairs  -- ordered to a third reading -- recommitted to the Committee
  on Veterans' Affairs in accordance with Assembly Rule  3,  sec.  2  --
  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  authorizing
  school districts to grant an exemption to Cold War veterans

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

  Section 1. Paragraph (a) of subdivision 2 of section 458-b of the real
property tax law, as amended by chapter 235 of  the  laws  of  2009,  is
amended to read as follows:
  (a) Each county, city, town or village may adopt a local law, AND EACH
SCHOOL DISTRICT MAY ADOPT A RESOLUTION, to provide that qualifying resi-
dential  real  property  shall  be exempt from taxation to the extent of
either: (i) ten percent of the assessed value of such property; provided
however, that such exemption shall not exceed eight thousand dollars  or
the  product  of  eight  thousand dollars multiplied by the latest state
equalization rate of the assessing unit, or, in the case  of  a  special
assessing  unit,  the  latest  class  ratio,  whichever is less or; (ii)
fifteen percent of the assessed value of such property; provided  howev-
er,  that such exemption shall not exceed twelve thousand dollars or the
product of twelve thousand dollars multiplied by the latest state equal-
ization rate for the assessing unit,  or,  in  the  case  of  a  special
assessing unit, the latest class ratio, whichever is less.
  S  2. Subparagraphs (i) and (iii) of paragraph (c) of subdivision 2 of
section 458-b of the real property tax law, subparagraph (i) as  amended
by  chapter 235 of the laws of 2009 and subparagraph (iii) as amended by
chapter 381 of the laws of 2015, are amended to read as follows:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03109-03-6

              

A. 3379--A                          2

  (i) The exemption from taxation provided by this subdivision shall  be
applicable  to  county,  city,  town, [and] village, AND SCHOOL DISTRICT
taxation[, but shall not  be  applicable  to  taxes  levied  for  school
purposes].
  (iii)  The  exemption  provided  by  paragraph (a) of this subdivision
shall be granted for a period of ten years. The commencement of such ten
year period shall be governed pursuant to  this  subparagraph.  Where  a
qualified  owner owns qualifying residential real property on the effec-
tive date of the local law OR RESOLUTION providing for  such  exemption,
such ten year period shall be measured from the assessment roll prepared
pursuant  to  the  first  taxable  status date occurring on or after the
effective date of  the  local  law  OR  RESOLUTION  providing  for  such
exemption.  Where  a qualified owner does not own qualifying residential
real property on the effective date  of  the  local  law  OR  RESOLUTION
providing  for  such  exemption,  such ten year period shall be measured
from the assessment roll prepared pursuant to the first  taxable  status
date  occurring at least sixty days after the date of purchase of quali-
fying residential real property;  provided,  however,  that  should  the
veteran  apply  for  and  be granted an exemption on the assessment roll
prepared pursuant to a taxable status date occurring within  sixty  days
after  the  date of purchase of residential real property, such ten year
period shall be measured from the first assessment  roll  in  which  the
exemption  occurs.  If,  before  the expiration of such ten year period,
such exempt property is sold and replaced with  other  residential  real
property, such exemption may be granted pursuant to this subdivision for
the  unexpired  portion  of  the ten year exemption period. Each county,
city, town or village may adopt a local law, AND  EACH  SCHOOL  DISTRICT
MAY  ADOPT  A  RESOLUTION,  to reduce the maximum exemption allowable in
paragraphs (a) and (b) of this subdivision to six thousand dollars, nine
thousand dollars and thirty  thousand  dollars,  respectively,  or  four
thousand  dollars,  six  thousand  dollars  and twenty thousand dollars,
respectively. Each county, city, town, or village is also authorized  to
adopt  a  local law, AND EACH SCHOOL DISTRICT MAY ADOPT A RESOLUTION, to
increase the maximum exemption allowable in paragraphs (a)  and  (b)  of
this  subdivision  to ten thousand dollars, fifteen thousand dollars and
fifty thousand dollars, respectively; twelve thousand dollars,  eighteen
thousand  dollars  and  sixty  thousand  dollars, respectively; fourteen
thousand dollars,  twenty-one  thousand  dollars  and  seventy  thousand
dollars,  respectively;  sixteen  thousand dollars, twenty-four thousand
dollars and eighty thousand  dollars,  respectively;  eighteen  thousand
dollars,  twenty-seven  thousand  dollars  and  ninety thousand dollars,
respectively; twenty thousand dollars, thirty thousand dollars  and  one
hundred  thousand  dollars,  respectively;  twenty-two thousand dollars,
thirty-three thousand dollars and  one  hundred  ten  thousand  dollars,
respectively;  twenty-four thousand dollars, thirty-six thousand dollars
and one hundred twenty thousand dollars, respectively; thirty-nine thou-
sand dollars, twenty-six thousand dollars, and one hundred thirty  thou-
sand  dollars,  respectively;  forty-two  thousand dollars, twenty-eight
thousand dollars, and one hundred forty thousand dollars,  respectively;
and forty-five thousand dollars, thirty thousand dollars and one hundred
fifty  thousand dollars, respectively. In addition, a county, city, town
or village which is a "high-appreciation  municipality"  as  defined  in
this  subparagraph  is  authorized to adopt a local law, AND EACH SCHOOL
DISTRICT WHICH IS WITHIN A HIGH-APPRECIATION MUNICIPALITY IS  AUTHORIZED
TO  ADOPT  A  RESOLUTION, to increase the maximum exemption allowable in
paragraphs (a) and  (b)  of  this  subdivision  to  twenty-six  thousand

A. 3379--A                          3

dollars,  thirty-nine  thousand  dollars and one hundred thirty thousand
dollars, respectively; twenty-eight thousand dollars, forty-two thousand
dollars and one hundred forty  thousand  dollars,  respectively;  thirty
thousand  dollars,  forty-five  thousand  dollars  and one hundred fifty
thousand dollars, respectively; thirty-two thousand dollars, forty-eight
thousand dollars and one hundred sixty thousand  dollars,  respectively;
thirty-four thousand dollars, fifty-one thousand dollars and one hundred
seventy  thousand  dollars,  respectively;  thirty-six thousand dollars,
fifty-four thousand dollars and one  hundred  eighty  thousand  dollars,
respectively;   fifty-seven   thousand  dollars,  thirty-eight  thousand
dollars and one hundred ninety  thousand  dollars,  respectively;  sixty
thousand  dollars,  forty  thousand  dollars  and  two  hundred thousand
dollars, respectively; sixty-three thousand dollars, forty-two  thousand
dollars  and  two  hundred ten thousand dollars, respectively; sixty-six
thousand dollars, forty-four thousand dollars  and  two  hundred  twenty
thousand  dollars,  respectively; sixty-nine thousand dollars, forty-six
thousand dollars and two hundred thirty thousand dollars,  respectively;
seventy-two  thousand  dollars,  forty-eight  thousand  dollars  and two
hundred forty  thousand  dollars,  respectively;  seventy-five  thousand
dollars,  fifty thousand dollars and two hundred fifty thousand dollars,
respectively.  For purposes of this subparagraph,  a  "high-appreciation
municipality"  means: (A) a special assessing unit that is a city, (B) a
county for which the commissioner has established a sales price  differ-
ential  factor  for purposes of the STAR exemption authorized by section
four hundred twenty-five of this title in three consecutive  years,  and
(C)  a  city,  town  or village which is wholly or partly located within
such a county.
  S 3. Subdivision 5 of section 458-b of the real property tax  law,  as
added by chapter 655 of the laws of 2007, is amended to read as follows:
  5.  A  local law OR RESOLUTION adopted pursuant to this section may be
repealed by the governing body of the  applicable  county,  city,  town,
[or]  village,  SCHOOL  DISTRICT  OR, IN THE CASE OF A CITY WITH A POPU-
LATION OF ONE MILLION OR MORE, THE LOCAL LEGISLATIVE BODY.  Such  repeal
shall  occur  at  least  ninety days prior to the taxable status date of
such county, city, town, [or] village, SCHOOL  DISTRICT  OR  LEGISLATIVE
BODY.
  S 4. This act shall take effect immediately.