Senate Bill S4411

2009-2010 Legislative Session

Grants 10% real property tax exemption on seasonal residences to members of certain volunteer fire companies and departments on Fire Island

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Archive: Last Bill Status - In Senate Committee Local Government Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2010	referred to local government
Apr 23, 2009	referred to local government

2009-S4411 (ACTIVE) - Details

Current Committee:: Senate Local Government
Law Section:: Real Property Tax Law
Laws Affected:: Amd §466-c, RPT L
Versions Introduced in 2011-2012 Legislative Session:: S2665

2009-S4411 (ACTIVE) - Summary

Grants a 10% real property tax exemption on seasonal residences to enrolled members of certain incorporated volunteer fire companies and departments on Fire Island, in the county of Suffolk, who are seasonal residents.

2009-S4411 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S4411

 TITLE OF BILL :
An act to amend the real property tax law, in relation to tax
exemptions for members of certain volunteer fire companies and
departments on Fire Island


 PURPOSE :
To grant a 10% real property tax exemption on seasonal residences to
members of certain volunteer fire companies and departments on Fire
Island.

 SUMMARY OF PROVISIONS :
Section 1 and 2 of the bill amends paragraphs (a) and (b) of
subdivision 2 of section 466-c of the real property tax law to allow
seasonal residents who are members of certain fire districts and
departments located on Fire Island to receive a 10% real property tax
exemption.

Section 3 of the bill amends subdivision 3 of section 466-c of the
real property tax law to allow seasonal residents of Fire Island who
accrue more than 20 years of active service as enrolled members of
certain fire departments and districts a permanent 10% real property
tax exemption for so long as such person maintains his or her seasonal
residence. This exemption is contingent upon the town of Islip and

Brookhaven adopting a local law, ordinance or resolution authorizing
same.

Section 4 of the bill provides for the effective date.

 EXISTING LAW :
Current law authorizes a 10% real property tax exemption for volunteer
firefighters and volunteer ambulance workers who maintain a primary
residency in the area which is served by such volunteer fire company
or fire department or incorporated volunteer ambulance service.

 JUSTIFICATION :
Volunteer firefighters are an important and devoted asset to local
communities. In recognition of their importance, the state legislature
passed laws that would allow localities to grant a 10% real property
tax exemption to certified enrolled members of an incorporated
volunteer fire company, fire department or incorporated volunteer
ambulance service when their primary residence is located in the
community they serve. On Fire Island, a unique situation exists where
many of the volunteer firefighters who sacrifice their time and energy
to serve the needs of the community are seasonal residents. Thus, many
of the Fire Island volunteer firefighters do not qualify for the same
real property tax exemption that the permanent resident firefighters
receive. This bill would allow those dedicated volunteer firefighters
who own a summer home on Fire Island and who have served the community
as a firefighter for at least five years to receive a 10% real
property tax exemption.

 LEGISLATIVE HISTORY :
Amends Chapter 9 of the Laws of 2004.

 FISCAL IMPLICATIONS :
None to State.

 LOCAL FISCAL IMPLICATIONS :
Unknown at this time.

 EFFECTIVE DATE :
This act shall take effect immediately.

2009-S4411 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  4411

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             April 23, 2009
                               ___________

Introduced  by  Sen.  O. JOHNSON  -- 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 tax exemptions
  for members of certain volunteer fire  companies  and  departments  on
  Fire Island

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Paragraph (a) of subdivision 2 of section 466-c of the real
property tax law, as amended by chapter  9  of  the  laws  of  2004,  is
amended to read as follows:
  (a) the applicant resides in the town which is served by such incorpo-
rated  volunteer  fire company or fire department or incorporated volun-
tary ambulance service; PROVIDED, HOWEVER, THAT ENROLLED MEMBERS OF  THE
KISMET  FIRE  DEPARTMENT,  CHERRY GROVE FIRE DEPARTMENT, DAVIS PARK FIRE
DEPARTMENT, FAIR HARBOR FIRE DEPARTMENT, FIRE ISLAND PINES FIRE  DEPART-
MENT,  OCEAN  BAY  PARK  FIRE  DEPARTMENT,  OCEAN BEACH FIRE DEPARTMENT,
POINT-O-WOODS FIRE COMPANY OR SALTAIRE FIRE DEPARTMENT ON  FIRE  ISLAND,
IN  THE  COUNTY  OF  SUFFOLK,  NEED  ONLY BE A SEASONAL RESIDENT OF SUCH
ISLAND;
  S 2. Paragraph (b) of subdivision 2 of section 466-c of the real prop-
erty tax law, as added by chapter 450 of the laws of 2002, is amended to
read as follows:
  (b) the property is the primary residence of the applicant;  PROVIDED,
HOWEVER, THAT WITH REGARD TO ENROLLED MEMBERS OF THE KISMET FIRE DEPART-
MENT,  CHERRY  GROVE  FIRE  DEPARTMENT, DAVIS PARK FIRE DEPARTMENT, FAIR
HARBOR FIRE DEPARTMENT, FIRE ISLAND PINES  FIRE  DEPARTMENT,  OCEAN  BAY
PARK  FIRE  DEPARTMENT,  OCEAN BEACH FIRE DEPARTMENT, POINT-O-WOODS FIRE
COMPANY OR SALTAIRE FIRE DEPARTMENT ON FIRE ISLAND, SUCH PROPERTY MAY BE
A SEASONAL RESIDENCE OF THE APPLICANT;
  S 3. Subdivision 3 of section 466-c of the real property tax  law,  as
added by chapter 450 of the laws of 2002, is amended to read as follows:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10963-01-9

S. 4411                             2

  3.  (A) Any enrolled member of an incorporated volunteer fire company,
fire department or incorporated voluntary ambulance service who  accrues
more  than  twenty  years  of  active service and is so certified by the
authority having jurisdiction for the incorporated volunteer fire compa-
ny,  fire  department or incorporated voluntary ambulance service, shall
be granted the ten percent exemption as authorized by this  section  for
the remainder of his or her life as long as his or her primary residence
is  located  within  such a county provided that the governing body of a
city, village, town, county or school district, after a public  hearing,
adopts a local law, ordinance or resolution providing therefor.
  (B)  NOTWITHSTANDING  THE PROVISIONS OF PARAGRAPH (A) OF THIS SUBDIVI-
SION, ANY ENROLLED MEMBER OF THE KISMET FIRE  DEPARTMENT,  CHERRY  GROVE
FIRE  DEPARTMENT,  DAVIS  PARK FIRE DEPARTMENT, FAIR HARBOR FIRE DEPART-
MENT, FIRE ISLAND PINES FIRE DEPARTMENT, OCEAN BAY PARK FIRE DEPARTMENT,
OCEAN BEACH FIRE DEPARTMENT, POINT-O-WOODS FIRE COMPANY OR SALTAIRE FIRE
DEPARTMENT ON FIRE ISLAND WHO IS A SEASONAL RESIDENT OF SUCH ISLAND  AND
WHO ACCRUES MORE THAN TWENTY YEARS OF ACTIVE SERVICE AND IS SO CERTIFIED
BY  THE  AUTHORITY  HAVING  JURISDICTION  FOR  SUCH FIRE COMPANY OR FIRE
DEPARTMENT, SHALL BE GRANTED THE TEN PERCENT EXEMPTION AS AUTHORIZED  BY
THIS  SECTION  FOR THE REMAINDER OF HIS OR HER LIFE AS LONG AS HE OR SHE
MAINTAINS A SEASONAL RESIDENCE ON FIRE ISLAND  PROVIDED  THAT  THE  TOWN
BOARD  OF THE TOWN OF ISLIP OR BROOKHAVEN, AS APPLICABLE, AFTER A PUBLIC
HEARING, ADOPTS A LOCAL LAW, ORDINANCE OR RESOLUTION PROVIDING THEREFOR.
  S 4. This act shall take effect immediately.

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Senate Bill S4411

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Archive: Last Bill Status - In Senate Committee Local Government Committee

Actions

2009-S4411 (ACTIVE) - Details

2009-S4411 (ACTIVE) - Summary

2009-S4411 (ACTIVE) - Sponsor Memo

2009-S4411 (ACTIVE) - Bill Text download pdf

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Sponsored By

Owen H. Johnson

Archive: Last Bill Status - In Senate Committee Local Government Committee

Actions

2009-S4411 (ACTIVE) - Details

2009-S4411 (ACTIVE) - Summary

2009-S4411 (ACTIVE) - Sponsor Memo

2009-S4411 (ACTIVE) - Bill Text download pdf

Comments