Bill Text: NY S05833 | 2023-2024 | General Assembly | Introduced


Bill Title: Authorizes exemptions from school district real property taxes for volunteer firefighters residing in such school district.

Spectrum: Bipartisan Bill

Status: (Introduced) 2024-01-31 - ADVANCED TO THIRD READING [S05833 Detail]

Download: New_York-2023-S05833-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                          5833

                               2023-2024 Regular Sessions

                    IN SENATE

                                     March 20, 2023
                                       ___________

        Introduced  by  Sen. MANNION -- read twice and ordered printed, and when
          printed to be committed to the Committee on Local Government

        AN ACT to amend the real property tax law, in  relation  to  authorizing
          certain exemptions from school district real property taxes for volun-
          teer firefighters

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. The real property tax  law  is  amended  by  adding  a  new
     2  section 466-l to read as follows:
     3    § 466-l. Volunteer firefighters; alternative exemption. 1.  Real prop-
     4  erty  owned  by  an  enrolled  member  of an incorporated volunteer fire
     5  company or fire department or such enrolled member and spouse  shall  be
     6  exempt  from  taxation  of  such  property for school district purposes,
     7  exclusive of special assessments, provided that the governing body of  a
     8  school  district,  after a public hearing, adopts a local law, ordinance
     9  or resolution providing therefor; provided further, however,  that  such
    10  exemption shall in no event exceed twelve thousand dollars multiplied by
    11  the  latest state equalization rate for the assessing unit in which such
    12  real property is located.
    13    2. Such exemption shall not be granted to an  enrolled  member  of  an
    14  incorporated  volunteer fire company or fire department residing in such
    15  school district unless:
    16    (a) the applicant resides in the school district which  is  served  by
    17  such incorporated volunteer fire company or fire department;
    18    (b) the property is the primary residence of the applicant;
    19    (c)  the  property  is  used  exclusively  for  residential  purposes;
    20  provided, however, that in the event any portion of such property is not
    21  used exclusively for the applicant's residence but  is  used  for  other
    22  purposes,  such  portion  shall be subject to taxation and the remaining
    23  portion only shall  be  entitled  to  the  exemption  provided  by  this
    24  section; and

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD07809-01-3

        S. 5833                             2

     1    (d) the applicant has been certified by the authority having jurisdic-
     2  tion  for  the incorporated volunteer fire company or fire department as
     3  an enrolled member of such incorporated volunteer fire company  or  fire
     4  department  for  at least five years. It shall be the duty and responsi-
     5  bility  of  the  school  district which adopts a local law, ordinance or
     6  resolution pursuant to this  section  to  determine  the  procedure  for
     7  certification.
     8    3.  Any  enrolled  member of an incorporated volunteer fire company or
     9  fire department who accrues more than twenty years of active service and
    10  is so certified by the authority having jurisdiction  for  the  incorpo-
    11  rated  volunteer  fire  company  or fire department shall be granted the
    12  exemption as authorized by this section for the remainder of his or  her
    13  life  as  long  as  his  or her primary residence is located within such
    14  school  district  provided  that  the  governing  body  of  such  school
    15  district,  after  a  public  hearing,  adopts  a local law, ordinance or
    16  resolution providing therefor.
    17    4. Application for such exemption shall be filed with the assessor  or
    18  other  agency,  department  or  office designated by the school district
    19  offering such exemption on or before the taxable status date on  a  form
    20  prescribed by the commissioner.
    21    5.  No  applicant who is a volunteer firefighter who by reason of such
    22  status is receiving any benefit under the provisions of this article  on
    23  the  effective  date of this section shall suffer any diminution of such
    24  benefit due to the receipt of a tax exemption provided pursuant  to  the
    25  provisions of this section.
    26    § 2. This act shall take effect immediately.
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