Bill Text: NY A06464 | 2009-2010 | General Assembly | Introduced


Bill Title: Includes the war on terrorism which commenced in 2001, within the definition of "period of war" for purposes of the veterans alternative property tax exemption.

Spectrum: Strong Partisan Bill (Democrat 11-1)

Status: (Introduced - Dead) 2010-05-18 - held for consideration in veterans' affairs [A06464 Detail]

Download: New_York-2009-A06464-Introduced.html
                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         6464
                              2009-2010 Regular Sessions
                                 I N  A S S E M B L Y
                                     March 4, 2009
                                      ___________
       Introduced by M. of A. ALESSI, EDDINGTON, PAULIN, FIELDS, SWEENEY, MILL-
         MAN, GUNTHER -- Multi-Sponsored by -- M. of A. MAGEE, PHEFFER, WEISEN-
         BERG -- read once and referred to the Committee on Veterans' Affairs
       AN  ACT to amend the real property tax law, in relation to including the
         war on terrorism within the definition of "period of war" for purposes
         of the veterans alternative property tax exemption
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Paragraph (a) of subdivision 1 of section 458-a of the real
    2  property  tax  law,  as  amended  by chapter 179 of the laws of 2006, is
    3  amended to read as follows:
    4    (a) "Period of war" means the Spanish-American war; the Mexican border
    5  period; World War I; World War II; the hostilities, known as the  Korean
    6  war,  which  commenced  June  twenty-seventh, nineteen hundred fifty and
    7  terminated on January thirty-first,  nineteen  hundred  fifty-five;  the
    8  hostilities,  known as the Vietnam war, which commenced February twenty-
    9  eighth, nineteen hundred sixty-one and terminated on May seventh,  nine-
   10  teen  hundred  seventy-five; [and] the hostilities, known as the Persian
   11  Gulf conflict, which commenced August second, nineteen  hundred  ninety;
   12  AND  THE  HOSTILITIES, KNOWN AS THE WAR ON TERRORISM, WHICH COMMENCED IN
   13  TWO THOUSAND ONE INCLUDING THE HOSTILITIES IN AFGHANISTAN AND IRAQ.
   14    S 2. Subdivision 3 of section 458-a of the real property tax  law,  as
   15  amended  by  chapter  646  of  the  laws  of 2004, is amended to read as
   16  follows:
   17    3. Application for exemption must be made by the owner, or all of  the
   18  owners,  of  the  property  on a form prescribed by the state board. The
   19  owner or owners shall file the completed form in the  assessor's  office
   20  on or before the appropriate taxable status date PROVIDED THAT ANY CITY,
   21  COUNTY,  TOWN OR VILLAGE MAY ELECT, BY PASSAGE OF A LOCAL LAW, TO ACCEPT
   22  AN APPLICATION MADE BY AN OWNER WHO IS OTHERWISE ELIGIBLE FOR EXEMPTION,
   23  BUT WHO FAILED TO FILE FOR EXEMPTION DUE TO THEIR BEING ON  ACTIVE  DUTY
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD00920-01-9
       A. 6464                             2
    1  IN  SERVICE  TO  THE  ARMED  FORCES  OF THE UNITED STATES ON THE TAXABLE
    2  STATUS DATE, PROVIDED FURTHER,    HOWEVER,  THAT  SUCH  OWNER  SHALL  BE
    3  REQUIRED  TO  FILE  FOR EXEMPTION WITHIN THIRTY DAYS OF THEIR SEPARATION
    4  FROM  SERVICE  OR  WITHIN  THIRTY  DAYS  OF THE PASSAGE OF THE LOCAL LAW
    5  PERMITTING SUCH LATE APPLICATION, WHICHEVER IS LATER. SUCH  OWNER  SHALL
    6  BE  REQUIRED  TO  SUBMIT  PROOF  OF SUCH ACTIVE DUTY SERVICE IN A MANNER
    7  PRESCRIBED BY THE STATE BOARD. The  exemption  shall  continue  in  full
    8  force  and effect for all appropriate subsequent tax years and the owner
    9  or owners of the property shall not be required  to  refile  each  year.
   10  Applicants  shall  be  required  to  refile on or before the appropriate
   11  taxable status date if the percentage of disability percentage increases
   12  or decreases or may refile if other changes have occurred  which  affect
   13  qualification  for  an  increased  or decreased amount of exemption. Any
   14  applicant convicted of making any willful false statement in the  appli-
   15  cation  for  such exemption shall be subject to the penalties prescribed
   16  in the penal law.
   17    S 3. This act shall take effect immediately.
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