Senate Bill S724

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

                                   724

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            January 14, 2009
                               ___________

Introduced  by Sens. C. JOHNSON, DIAZ, ONORATO, PARKER -- read twice and
  ordered printed, and when printed to be committed to the Committee  on
  Investigations and Government Operations

AN  ACT  to amend the tax law and the administrative code of the city of
  New York, in relation to  exempting  local  property  tax  rebates  to
  volunteer  firefighters and volunteer ambulance workers from state and
  local personal income taxation

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

  Section  1. Subsection (c) of section 612 of the tax law is amended by
adding a new paragraph 39 to read as follows:
  (39) IN THE CASE OF A TAXPAYER WHO SERVES AS AN ACTIVE VOLUNTEER FIRE-
FIGHTER AS DEFINED IN SUBDIVISION ONE OF SECTION TWO HUNDRED FIFTEEN  OF
THE  GENERAL MUNICIPAL LAW OR AS A VOLUNTEER AMBULANCE WORKER AS DEFINED
IN SUBDIVISION FOURTEEN OF SECTION TWO HUNDRED NINETEEN-K OF THE GENERAL
MUNICIPAL LAW, THE AMOUNT OF ANY LOCAL PROPERTY TAX REBATE ISSUED DURING
THE TAXABLE YEAR PURSUANT TO SECTION ONE HUNDRED SEVENTY-EIGHT  OF  THIS
CHAPTER,  TO  THE EXTENT INCLUDED IN GROSS INCOME FOR FEDERAL INCOME TAX
PURPOSES.
  S 2. Subsection (d) of section 615 of the tax law is amended by adding
a new paragraph 5 to read as follows:
  (5) IN THE CASE OF A TAXPAYER WHO SERVES AS AN ACTIVE VOLUNTEER  FIRE-
FIGHTER  AS DEFINED IN SUBDIVISION ONE OF SECTION TWO HUNDRED FIFTEEN OF
THE GENERAL MUNICIPAL LAW OR AS A VOLUNTEER AMBULANCE WORKER AS  DEFINED
IN SUBDIVISION FOURTEEN OF SECTION TWO HUNDRED NINETEEN-K OF THE GENERAL
MUNICIPAL LAW, THE AMOUNT OF ANY LOCAL PROPERTY TAX REBATE ISSUED DURING
THE  TAXABLE  YEAR PURSUANT TO SECTION ONE HUNDRED SEVENTY-EIGHT OF THIS
CHAPTER, TO THE EXTENT THAT SUCH REBATE IS NOT  DEDUCTIBLE  FOR  FEDERAL
TAX PURPOSES.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05832-01-9

S. 724                              2
              

  S  3. Subdivision (c) of section 11-1712 of the administrative code of
the city of New York is amended by adding a new paragraph 35 to read  as
follows:
  (35) IN THE CASE OF A TAXPAYER WHO SERVES AS AN ACTIVE VOLUNTEER FIRE-
FIGHTER  AS DEFINED IN SUBDIVISION ONE OF SECTION TWO HUNDRED FIFTEEN OF
THE GENERAL MUNICIPAL LAW OR AS A VOLUNTEER AMBULANCE WORKER AS  DEFINED
IN SUBDIVISION FOURTEEN OF SECTION TWO HUNDRED NINETEEN-K OF THE GENERAL
MUNICIPAL LAW, THE AMOUNT OF ANY LOCAL PROPERTY TAX REBATE ISSUED DURING
THE  TAXABLE  YEAR  PURSUANT TO SECTION ONE HUNDRED SEVENTY-EIGHT OF THE
TAX LAW, TO THE EXTENT INCLUDED IN GROSS INCOME FOR FEDERAL  INCOME  TAX
PURPOSES.
  S  4. Subdivision (d) of section 11-1715 of the administrative code of
the city of New York is amended by adding a new paragraph 5 to  read  as
follows:
  (5)  IN THE CASE OF A TAXPAYER WHO SERVES AS AN ACTIVE VOLUNTEER FIRE-
FIGHTER AS DEFINED IN SUBDIVISION ONE OF SECTION TWO HUNDRED FIFTEEN  OF
THE  GENERAL MUNICIPAL LAW OR AS A VOLUNTEER AMBULANCE WORKER AS DEFINED
IN SUBDIVISION FOURTEEN OF SECTION TWO HUNDRED NINETEEN-K OF THE GENERAL
MUNICIPAL LAW, THE AMOUNT OF ANY LOCAL PROPERTY TAX REBATE ISSUED DURING
THE TAXABLE YEAR PURSUANT TO SECTION ONE HUNDRED  SEVENTY-EIGHT  OF  THE
TAX  LAW,  TO  THE EXTENT THAT SUCH REBATE IS NOT DEDUCTIBLE FOR FEDERAL
TAX PURPOSES.
  S 5. This act shall take effect immediately.