S T A T E O F N E W Y O R K
________________________________________________________________________
1963
2019-2020 Regular Sessions
I N A S S E M B L Y
January 18, 2019
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Introduced by M. of A. ZEBROWSKI -- read once and referred to the
Committee on Real Property Taxation
AN ACT to amend the real property tax law, in relation to providing a
tax exemption on real property owned by active auxiliary police offi-
cers in local law enforcement agencies in certain counties
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 465 to read as follows:
§ 465. VOLUNTEER AUXILIARY POLICE OFFICERS; CERTAIN COUNTIES. 1. REAL
PROPERTY OWNED BY AN ACTIVE AUXILIARY POLICE OFFICER IN A LOCAL LAW
ENFORCEMENT AGENCY OR SUCH ACTIVE OFFICER AND SPOUSE RESIDING IN ANY
COUNTY HAVING A POPULATION OF MORE THAN THREE HUNDRED TEN THOUSAND AND
LESS THAN THREE HUNDRED TWENTY THOUSAND, DETERMINED IN ACCORDANCE WITH
THE LATEST FEDERAL DECENNIAL CENSUS, SHALL BE EXEMPT FROM TAXATION TO
THE EXTENT OF TEN PERCENT OF THE ASSESSED VALUE OF SUCH PROPERTY FOR
CITY, VILLAGE, TOWN, PART TOWN, SPECIAL DISTRICT, SCHOOL DISTRICT, FIRE
DISTRICT OR COUNTY PURPOSES, EXCLUSIVE OF SPECIAL ASSESSMENTS, PROVIDED
THAT THE GOVERNING BODY OF A CITY, VILLAGE, TOWN, SCHOOL DISTRICT, FIRE
DISTRICT OR COUNTY, AFTER A PUBLIC HEARING, ADOPTS A LOCAL LAW, ORDI-
NANCE OR RESOLUTION PROVIDING THEREFOR, PROVIDED FURTHER, HOWEVER, THAT
SUCH EXEMPTION SHALL IN NO EVENT EXCEED THREE THOUSAND DOLLARS MULTI-
PLIED BY THE LATEST STATE EQUALIZATION RATE FOR THE ASSESSING UNIT IN
WHICH REAL PROPERTY IS LOCATED.
2. SUCH EXEMPTION SHALL NOT BE GRANTED TO AN ACTIVE AUXILIARY POLICE
OFFICER IN A LOCAL LAW ENFORCEMENT AGENCY RESIDING IN SUCH COUNTY
UNLESS:
(A) THE APPLICANT RESIDES IN THE CITY, TOWN OR VILLAGE WHICH IS SERVED
BY SUCH AUXILIARY POLICE DEPARTMENT;
(B) THE PROPERTY IS THE PRIMARY RESIDENCE OF THE APPLICANT;
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05329-01-9
A. 1963 2
(C) THE PROPERTY IS USED EXCLUSIVELY FOR RESIDENTIAL PURPOSES;
PROVIDED HOWEVER, THAT IN THE EVENT ANY PORTION OF SUCH PROPERTY IS NOT
USED EXCLUSIVELY FOR THE APPLICANT'S RESIDENCE BUT IS USED FOR OTHER
PURPOSES, SUCH PORTION SHALL BE SUBJECT TO TAXATION AND THE REMAINING
PORTION ONLY SHALL BE ENTITLED TO THE EXEMPTION PROVIDED BY THIS
SECTION; AND
(D) THE APPLICANT HAS BEEN CERTIFIED BY THE LAW ENFORCEMENT AGENCY IN
WHICH SUCH VOLUNTEER AUXILIARY POLICE OFFICER SERVES AS BEING AN ACTIVE
MEMBER AS DETERMINED BY THE LOCAL ENFORCEMENT AGENCY'S STANDARDS FOR AT
LEAST FIVE YEARS. IT SHALL BE THE DUTY AND RESPONSIBILITY OF THE MUNICI-
PALITY, SCHOOL DISTRICT AND/OR FIRE DISTRICT WHICH ADOPTS A LOCAL LAW,
ORDINANCE OR RESOLUTION PURSUANT TO THIS SECTION TO DETERMINE THE PROCE-
DURE FOR CERTIFICATION.
3. APPLICATION FOR SUCH EXEMPTION SHALL BE FILED WITH THE ASSESSOR OR
OTHER AGENCY, DEPARTMENT OR OFFICE DESIGNATED BY THE MUNICIPALITY,
SCHOOL DISTRICT AND/OR FIRE DISTRICT OFFERING SUCH EXEMPTION ON OR
BEFORE THE TAXABLE STATUS DATE ON A FORM AS PRESCRIBED BY THE COMMIS-
SIONER.
4. AN ACTIVE AUXILIARY POLICE OFFICER SHALL NOT BE ELIGIBLE TO RECEIVE
THE EXEMPTION IF SUCH APPLICANT RECEIVES EITHER A REAL PROPERTY TAX
EXEMPTION PURSUANT TO THIS TITLE, OR AN INCOME TAX CREDIT PURSUANT TO
SECTION SIX HUNDRED SIX OF THE TAX LAW, RELATED TO SERVICES AS A VOLUN-
TEER FIREFIGHTER OR AMBULANCE WORKER.
§ 2. This act shall take effect on the first of January next succeed-
ing the date on which it shall have become a law and shall apply to
taxable status dates occurring on or after such date.