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S00781 Summary:

BILL NOS00781
 
SAME ASSAME AS A02438
 
SPONSORPALUMBO
 
COSPNSR
 
MLTSPNSR
 
Rpld §1, Chap of 2024 (as proposed in S.2158-A & A.1353-A); add §466-m, RPT L
 
Establishes eligibility for a tax exemption on real property for enrolled members of ocean rescue squads in certain municipalities; repeals a section of law relating to the eligibility of enrolled members of Southampton Village Ocean Rescue for a tax exemption on real property.
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S00781 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                           781
 
                               2025-2026 Regular Sessions
 
                    IN SENATE
 
                                       (Prefiled)
 
                                     January 8, 2025
                                       ___________
 
        Introduced  by  Sen. PALUMBO -- read twice and ordered printed, and when
          printed to be committed to the Committee on Rules
 
        AN ACT to amend the real property tax law, in relation to the establish-
          ing eligibility for a tax exemption  on  real  property  for  enrolled
          members  of  ocean  rescue  squads  in  certain municipalities; and to
          repeal section 1 of a chapter of the laws  of  2024  relating  to  the
          eligibility  of  enrolled  members of Southampton Village Ocean Rescue
          for a tax exemption on real property, as proposed in legislative bills
          numbers S. 2158-A and A.  1353-A
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section 1.  Section 1 of a chapter of the laws of 2024 relating to the
     2  eligibility  of enrolled members of Southampton Village Ocean Rescue for
     3  a tax exemption on real  property,  as  proposed  in  legislative  bills
     4  numbers S. 2158-A and A. 1353-A, is REPEALED.
     5    §  2.  The  real  property  tax law is amended by adding a new section
     6  466-m to read as follows:
     7    § 466-m. Ocean rescue squad members in certain municipalities. 1.  (a)
     8  Real  property  owned by an enrolled member of an ocean rescue squad, or
     9  such enrolled member and spouse, residing in a town  with  a  population
    10  between  sixty-nine  thousand and sixty-nine thousand fifty according to
    11  the two thousand twenty census shall be  exempt  from  taxation  to  the
    12  extent  of  up to ten percent of the assessed value of such property for
    13  city, village, town, part town, special district, school district,  fire
    14  district  or county purposes, exclusive of special assessments, provided
    15  that the governing body of a city, village, town, school district,  fire
    16  district  or  county,  after a public hearing, adopts a local law, ordi-
    17  nance or resolution providing therefor.
    18    (b) For the purposes of this section, an ocean rescue squad shall mean
    19  an entity that has been deemed as an emergency rescue  squad  and  first
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02936-01-5

        S. 781                              2
 
     1  aid  squad  by  resolution  of  the governing body of each municipality,
     2  pursuant to state law or special act of the legislature.
     3    2.  Such  exemption  shall  not be granted to an enrolled member of an
     4  ocean rescue squad residing in such town unless:
     5    (a) the applicant resides in the city, town or village which is served
     6  by such ocean rescue squad;
     7    (b) the property is the primary residence of the applicant;
     8    (c)  the  property  is  used  exclusively  for  residential  purposes;
     9  provided  however, that in the event any portion of such property is not
    10  used exclusively for the applicant's residence but  is  used  for  other
    11  purposes,  such  portion  shall be subject to taxation and the remaining
    12  portion only shall  be  entitled  to  the  exemption  provided  by  this
    13  section; and
    14    (d) the applicant has been certified by the authority having jurisdic-
    15  tion  for the ocean rescue squad, as determined by the governing body of
    16  a city,  village,  town,  school  district,  fire  district  or  county;
    17  provided,  however,  that  such governing body shall establish a minimum
    18  service requirement for each applicant between two years of service  and
    19  five  years  of  service. It shall be the duty and responsibility of the
    20  governing body of each  municipality  to  determine  the  procedure  for
    21  certification.
    22    3.  Any enrolled member of an ocean rescue squad who accrues more than
    23  twenty years of active service and is  so  certified  by  the  authority
    24  having  jurisdiction  for  such ocean rescue squad, shall be granted the
    25  ten percent exemption as authorized by this section for the remainder of
    26  such member's life as long as such member's primary residence is located
    27  within such applicable town provided that the  governing  body  of  each
    28  municipality,  after  a public hearing, adopts a local law, ordinance or
    29  resolution providing therefor.
    30    4. Un-remarried spouses of ocean rescue squad members  killed  in  the
    31  line  of  duty.  Any  local  law  or  ordinance adopted pursuant to this
    32  section may be separately amended, or a local law, ordinance  or  resol-
    33  ution  may be separately adopted to continue an exemption or reinstate a
    34  pre-existing exemption claimed under such statutes by an enrolled member
    35  of an ocean rescue squad, to such deceased enrolled  member's  un-remar-
    36  ried  spouse  if  such  member  is killed in the line of duty; provided,
    37  however, that:
    38    (a) such un-remarried spouse is  certified  by  the  authority  having
    39  jurisdiction  for  the  applicable ocean rescue squad as an un-remarried
    40  spouse of an enrolled member of an ocean rescue squad who was killed  in
    41  the line of duty; and
    42    (b) such deceased member had been an enrolled member for at least five
    43  years; and
    44    (c)  such  deceased  member  had been receiving the exemption prior to
    45  such member's death.
    46    5. Un-remarried spouses of deceased ocean rescue  squad  members.  Any
    47  local law or ordinance adopted pursuant to this section may be separate-
    48  ly  amended,  or  a local law, ordinance or resolution may be separately
    49  adopted to continue an exemption or reinstate a  pre-existing  exemption
    50  to  an  un-remarried  spouse  of  a deceased enrolled member of an ocean
    51  rescue squad; provided, however, that:
    52    (a) such un-remarried spouse is  certified  by  the  authority  having
    53  jurisdiction  for  the  applicable ocean rescue squad as an un-remarried
    54  spouse of a deceased enrolled member of such incorporated  ocean  rescue
    55  squad; and

        S. 781                              3
 
     1    (b)  such  deceased  member  had  been an enrolled member for at least
     2  twenty years; and
     3    (c)  such  deceased  member and un-remarried spouse had been receiving
     4  the exemption for such property prior to the death of such member.
     5    6. Application for such exemption shall be filed with the assessor  or
     6  other  agency,  department  or  office  designated  by the municipality,
     7  school district and/or fire  district  offering  such  exemption  on  or
     8  before  the  taxable  status date on a form as prescribed by the commis-
     9  sioner.
    10    7. No applicant who is an ocean rescue squad member who by  reason  of
    11  such  status is receiving any benefit under the provisions of this arti-
    12  cle on the effective date of this section shall suffer any diminution of
    13  such benefit because of the provisions of this section.
    14    § 3. This act shall take effect on the  same  date  and  in  the  same
    15  manner  as  a chapter of the laws of 2024 relating to the eligibility of
    16  enrolled members of Southampton Village Ocean Rescue for a tax exemption
    17  on real property, as proposed in legislative bills numbers S. 2158-A and
    18  A.  1353-A, takes effect.
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