NY State Senate Bill 2009-S6440

Senate Bill S6440

2009-2010 Legislative Session

Authorizes municipalities to create a real property tax exemption for the installation of dry fire hydrants

download bill text pdf

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

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 11, 2010	referred to local government

2009-S6440 (ACTIVE) - Details

See Assembly Version of this Bill:: A9937
Current Committee:: Senate Local Government
Law Section:: Real Property Tax Law
Laws Affected:: Add §468-a, RPT L
Versions Introduced in Other Legislative Sessions:: 2011-2012: A6704
2013-2014: A1801
2015-2016: A4021

2009-S6440 (ACTIVE) - Summary

Authorizes municipalities to create a real property tax exemption for the installation of dry fire hydrants.

2009-S6440 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S6440

 TITLE OF BILL :
An act to amend the real property tax law, in relation to establishing
a tax credit for the installation of dry fire hydrants


 PURPOSE OR GENERAL IDEA OF BILL :
This bill would amend the real property tax law to provide a $100 tax
exemption for the maintenance of a dry fire hydrant as defined by the
state fire code.

 SUMMARY OF SPECIFIC PROVISIONS :
This bill would add Section 468-a to the Real Property Tax Law to
authorize a county, city, town, or village acting through its local
legislative body to adopt and amend local laws to provide an exemption
from taxation in the amount of $100 for dry fire hydrants that:  meet
the required specifications as determined by the state fire code; are
annually inspected by the fire department of the locality in which
such dry fire hydrant is located; are made available for use by local
fire departments; and are located on property within the geographical
area in which such dry fire hydrants are permitted.

For dry fire hydrants constructed and maintained pursuant to this
section of law, the owner must submit an annual application to the
assessor of the city, town, village or county. For dry fire hydrants

installed prior to the effective date of this section of law, the
annual application shall be made after the dry fire hydrant is
inspected for conformance to the required specifications.

 JUSTIFICATION :
In rural areas of the State, firefighting can be impaired and/or
hampered by the lack of water. This legislation creates a $100 real
property tax exemption for dry fire hydrants meeting the required
specifications established in the state fire code. The real property
owner would be responsible for the cost of installation, maintenance
and inspection of the dry fire hydrant that is made available to local
fire departments.

The provision of such a real property tax exemption, at the authority
of the local legislative body, is a small amount of compensation for a
dry fire hydrant that can be used to fight fires in rural areas of the
State. This law could potentially create a system of dry fire hydrants
capable of saving lives and property when a fire strikes.

 PRIOR LEGISLATIVE HISTORY :
New bill.

 IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS :
Minimal impact to the local government.

 EFFECTIVE DATE :
Immediately.

2009-S6440 (ACTIVE) - Bill Text download pdf

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

                                  6440

                            I N  S E N A T E

                            January 11, 2010
                               ___________

Introduced  by  Sen.  GRIFFO -- 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 establishing a
  tax credit for the installation of dry fire hydrants

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

  Section  1.  The  real  property  tax  law  is amended by adding a new
section 468-a to read as follows:
  S 468-A. DRY FIRE HYDRANT CREDIT. 1. A COUNTY, CITY, TOWN, OR  VILLAGE
ACTING  THROUGH  ITS  LOCAL  LEGISLATIVE  BODY  IS HEREBY AUTHORIZED AND
EMPOWERED TO ADOPT AND AMEND LOCAL LAWS TO PROVIDE FOR AN EXEMPTION FROM
TAXATION IN THE AMOUNT OF ONE HUNDRED DOLLARS FOR THE  CONSTRUCTION  AND
MAINTENANCE  OF  A  DRY  FIRE HYDRANT AS DEFINED BY THE STATE FIRE CODE.
DRY FIRE HYDRANTS INSTALLED PRIOR TO THE EFFECTIVE DATE OF THIS  SECTION
MUST BE INSPECTED FOR COMPLIANCE WITH ALL REQUIREMENTS SPECIFIED IN THIS
SECTION.
  2.  NO SUCH EXEMPTION SHALL BE GRANTED UNLESS IT MEETS STATE FIRE CODE
REQUIREMENTS AND:
  (A) THE DRY FIRE HYDRANT IS MADE  AVAILABLE  FOR  USE  BY  LOCAL  FIRE
DEPARTMENTS; AND
  (B)  THE  DRY FIRE HYDRANT IS LOCATED ON PROPERTY WITHIN THE GEOGRAPH-
ICAL AREA IN WHICH SUCH DRY FIRE HYDRANTS ARE PERMITTED; AND
  (C) EACH DRY FIRE HYDRANT  SHALL  BE  ACCESSIBLE  TO  FIRE  PROTECTION
EQUIPMENT  AS DETERMINED BY THE FIRE DEPARTMENT OF THE LOCALITY IN WHICH
THE PROPERTY IS LOCATED. LOCAL FIRE DEPARTMENTS  MAY  AUTHORIZE  PRIVATE
ROADS MAINTAINED YEAR ROUND IF THE DEPARTMENT DETERMINES THAT SUCH ROADS
WILL ENABLE USE OF A DRY FIRE HYDRANT; AND
  (D)  THE DRY FIRE HYDRANT IS INSPECTED ANNUALLY BY THE FIRE DEPARTMENT
OF THE LOCALITY IN WHICH THE PROPERTY IS LOCATED.
  3. SUCH EXEMPTION FROM TAXATION SHALL BE GRANTED UPON  AN  APPLICATION
MADE  ANNUALLY, UPON A FORM TO BE PROMULGATED BY THE STATE BOARD, BY THE
OWNER OF SUCH PROPERTY TO THE ASSESSOR OF THE  CITY,  TOWN,  VILLAGE  OR
COUNTY HAVING THE POWER TO ASSESS PROPERTY FOR TAXATION ON OR BEFORE THE
APPROPRIATE  TAXABLE  STATUS DATE OF SUCH CITY, TOWN, VILLAGE OR COUNTY.

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

                                                           LBD14799-02-9

S. 6440                             2

IF THE ASSESSOR IS  SATISFIED  THAT  THE  PROPERTY  IS  ENTITLED  TO  AN
EXEMPTION PURSUANT TO THIS SECTION, HE OR SHE SHALL APPROVE THE APPLICA-
TION  AND SUCH IMPROVEMENTS SHALL BE EXEMPT FROM TAXATION AND SPECIAL AD
VALOREM LEVIES AS PROVIDED IN THIS SECTION.
  S  2.  The  state  fire prevention and building code council is hereby
directed to implement rules and regulations requiring the  construction,
maintenance  and inspection of dry fire hydrants in accordance with this
act.
  S 3. This act shall take effect immediately and shall  apply  to  real
property  having  a taxable status date on or after the first of January
next succeeding the date on which this act shall have become a law;  and
provided,  however,  that effective immediately, the addition, amendment
or repeal of any rule or regulation necessary for the implementation  of
this act on its effective date is authorized and directed to be made and
completed on or before such effective date.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.