S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5135
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 6, 2017
                                ___________
 
 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 taxation[, but shall be taxable  for  local
 school  purposes]. THE GOVERNING BODY OF A SCHOOL DISTRICT IN WHICH SUCH
 PROPERTY IS LOCATED OR, IN THE CASE OF A CITY WITH A POPULATION  OF  ONE
 MILLION OR MORE, THE LOCAL LEGISLATIVE BODY, MAY, AFTER PUBLIC HEARINGS,
 ADOPT  A  LOCAL  LAW, ORDINANCE OR RESOLUTION PROVIDING FOR AN EXEMPTION
 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 authorized to levy
 taxes.
   § 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD00298-01-7

 A. 5135                             2
 
 local  law by the governing board of a county, city, town [or], village,
 SCHOOL DISTRICT OR, IN THE CASE OF A  CITY  WITH  A  POPULATION  OF  ONE
 MILLION  OR  MORE,  THE LOCAL LEGISLATIVE BODY, 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 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  recom-
 puted exemption certified by the assessor on the roll.
   §  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, ORDINANCE OR RESOLUTION adopted by the
 governing board of a county, city, town [or], village,  SCHOOL  DISTRICT
 OR,  IN THE CASE OF A CITY WITH A POPULATION OF ONE MILLION OR MORE, THE
 LOCAL LEGISLATIVE BODY, 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  pursu-
 ant to this paragraph [(d)] shall not be subject to referendum.
   § 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.
   § 5. Subdivision 9 of section 458 of the real  property  tax  law,  as
 amended  by  chapter  538  of  the  laws  of 2015, 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  county OR SCHOOL

 A. 5135                             3
 
 DISTRICT, or in the case of a city having a population of one million or
 more persons, within the same city,  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 veter-
 an, 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  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.
   § 6. This act shall take effect immediately.