S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1724
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 10, 2017
                                ___________
 
 Introduced  by Sens. CARLUCCI, AVELLA -- read twice and ordered printed,
   and when printed to be committed to the Committee on  Veterans,  Home-
   land Security and Military 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:

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00298-01-7
              

 S. 1724                             2
 
   (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,
 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

 S. 1724                             3
 
 an  exemption  pursuant to this section sells the property receiving the
 exemption and purchases  property  within  the  same  county  OR  SCHOOL
 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.