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A02731 Summary:

BILL NOA02731A
 
SAME ASSAME AS S02613-A
 
SPONSORCrouch
 
COSPNSRMorinello, Brabenec
 
MLTSPNSRErrigo, Hawley, Oaks
 
Amd 425, RPT L
 
Relates to allowing a physically disabled surviving spouse who was married to an enhanced STAR qualifying individual to continue to receive the exemption even if the surviving spouse is not sixty-two years of age.
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A02731 Actions:

BILL NOA02731A
 
01/23/2017referred to real property taxation
01/03/2018referred to real property taxation
01/29/2018amend and recommit to real property taxation
01/29/2018print number 2731a
04/17/2018held for consideration in real property taxation
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A02731 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A2731A
 
SPONSOR: Crouch (MS)
  TITLE OF BILL: An act to amend the real property tax law, in relation to extending the enhanced STAR exemption to the disabled surviving spouse of a previously qualifying individual   PURPOSE OR GENERAL IDEA OF BILL: To allow for the continuation of the STAR exemption for individuals upon the loss of a spouse who previously qualified for the program provided that the surviving spouse is at least sixty-two years of age or is phys- ically disabled.   SUMMARY OF SPECIFIC PROVISIONS: Section 1 Subparagraph (iii) of paragraph (a) of subdivision 4 of section 425 of the real property tax law, as added by section 4 of part A of chapter 405 of the laws of 1999, is amended to read as follows: In case of property owned by husband and wife, one of whom is sixty-five years of age or over, the exemption, once granted, shall not be rescind- ed solely because of the death of the older spouse so long as the surviving spouse is at least sixty-two years of age or is physically disabled as of the date specified in this paragraph. To qualify as phys- ically disabled for the purpose of this subparagraph, an individual shall submit to the assessor a certified statement from a physician licensed to practice in the state on a form prescribed and made avail- able by the state commissioner which states that the individual has a permanent physical impairment which substantially limits one or more of such individual's major life activities, except that an individual who has obtained a certificate from the state commission for the blind my submit such certificate in lieu of a physician's certified statement. The other requirements of this subdivision must still be met for the enhanced exemption to be granted to a surviving spouse under this subparagraph. Section 2 Contains the effective date   JUSTIFICATION: Surviving spouses who meet the specifications outlined above should be entitled to receive the benefits of the STAR exemption, as their finan- cial burdens will remain after the loss of their significant other.   PRIOR LEGISLATIVE HISTORY: New Bill.   FISCAL IMPLICATIONS: None to the State.   EFFECTIVE DATE: This act shall take effect immediately and shall apply to the adminis- tration of the enhanced STAR exemption beginning with the 2018-2019 school year.
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A02731 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         2731--A
 
                               2017-2018 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 23, 2017
                                       ___________
 
        Introduced by M. of A. CROUCH, MORINELLO, BRABENEC -- Multi-Sponsored by
          --  M.  of  A.   ERRIGO, HAWLEY, OAKS -- read once and referred to the
          Committee on Real Property Taxation -- recommitted to the Committee on
          Real Property Taxation 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 extending  the
          enhanced  STAR  exemption to the disabled surviving spouse of a previ-
          ously qualifying individual
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  Subparagraph  (iii)  of paragraph (a) of subdivision 4 of
     2  section 425 of the real property tax law, as added by section 4 of  part
     3  A of chapter 405 of the laws of 1999, is amended to read as follows:
     4    (iii)  In  the case of property owned by husband and wife, one of whom
     5  is sixty-five years of age or over, the exemption, once  granted,  shall
     6  not be rescinded solely because of the death of the older spouse so long
     7  as  the  surviving spouse is at least sixty-two years of age or is phys-
     8  ically disabled as of the date specified in this paragraph.  To  qualify
     9  as  physically  disabled for the purposes of this subparagraph, an indi-
    10  vidual shall submit to the assessor a certified statement from a  physi-
    11  cian  licensed  to  practice  in the state on a form prescribed and made
    12  available by the commissioner which states that  the  individual  has  a
    13  permanent  physical impairment which substantially limits one or more of
    14  such individual's major life activities, except that an  individual  who
    15  has  obtained  a  certificate from the state commission for the visually
    16  handicapped stating that such individual is  legally  blind  may  submit
    17  such certificate in lieu of a physician's certified statement. The other
    18  requirements  of  this  subdivision  must  still be met for the enhanced
    19  exemption to be granted to a surviving spouse under this subparagraph.
    20    § 2. This act shall take effect immediately and  shall  apply  to  the
    21  administration  of  the  enhanced  STAR  exemption  beginning  with  the
    22  2018-2019 school year.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00336-03-8
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