Bill Text: NY S05840 | 2019-2020 | General Assembly | Amended


Bill Title: Establishes a real property tax exemption for certain certified first responders who are disabled as a result of a certified World Trade Center medical condition.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2020-01-08 - REFERRED TO VETERANS, HOMELAND SECURITY AND MILITARY AFFAIRS [S05840 Detail]

Download: New_York-2019-S05840-Amended.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                         5840--A

                               2019-2020 Regular Sessions

                    IN SENATE

                                      May 15, 2019
                                       ___________

        Introduced  by  Sen.  KAPLAN -- read twice and ordered printed, and when
          printed to be committed to the Committee on Veterans, Homeland Securi-
          ty and Military Affairs -- 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 establishing a
          real property tax exemption for certain certified first responders

          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-k to read as follows:
     3    § 466-k. Certified first responders.  1.  Real  property  owned  by  a
     4  certified  first  responder  who  is disabled as a result of a certified
     5  World Trade Center medical condition shall be exempt  from  taxation  to
     6  the extent of fifteen percent of the assessed value of such property for
     7  city,  village,  town,  part  town, special district or county purposes,
     8  exclusive of special assessments, provided that the governing body of  a
     9  city,  village,  town  or county, after a public hearing, adopts a local
    10  law, ordinance  or  resolution  providing  therefor;  provided  further,
    11  however,  that  such  exemption  shall in no event exceed three thousand
    12  dollars multiplied by the latest state equalization rate for the assess-
    13  ing unit in which such real property is located.
    14    2. Such exemption shall not be granted to a certified first  responder
    15  who  is  disabled  as a result of a certified World Trade Center medical
    16  condition unless:
    17    (a) the property is the primary residence of the applicant; and
    18    (b)  the  property  is  used  exclusively  for  residential  purposes;
    19  provided, however, that in the event any portion of such property is not
    20  used  exclusively  for  the  applicant's residence but is used for other
    21  purposes, such portion shall be subject to taxation  and  the  remaining
    22  portion  only  shall  be  entitled  to  the  exemption  provided by this
    23  section.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11737-02-9

        S. 5840--A                          2

     1    3. Application for such exemption shall be filed with the assessor  or
     2  other agency, department or office designated by the municipality offer-
     3  ing  such  exemption  on  or before the taxable status date on a form as
     4  prescribed by the commissioner.
     5    4.  No applicant who is a certified first responder who is disabled as
     6  a result of a certified World Trade  Center  medical  condition  who  by
     7  reason  of  such status is receiving any benefit under the provisions of
     8  this article on the effective date of  this  section  shall  suffer  any
     9  diminution of such benefit because of the provisions of this section.
    10    §  2. This act shall take effect on the first of January next succeed-
    11  ing the date on which it shall have become a  law  and  shall  apply  to
    12  assessment rolls prepared on the basis of taxable status dates occurring
    13  on or after such date.
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