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
                                ___________
 
 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.