NY State Senate Bill 2021-S970

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

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 05, 2022	referred to local government
Jan 06, 2021	referred to local government

co-Sponsors

2021-S970 (ACTIVE) - Details

See Assembly Version of this Bill:: A1391
Current Committee:: Senate Local Government
Law Section:: General Municipal Law
Laws Affected:: Amd §3-c, Gen Muni L
Versions Introduced in Other Legislative Sessions:: 2019-2020: S5854, A2227
2023-2024: S5231

2021-S970 (ACTIVE) - Summary

Provides that the tax levy limit shall not include a tax levy necessary for expenditures resulting from a local government meeting its obligation to provide enhanced cancer disability benefits to volunteer firefighters as required under section two hundred five-cc of the general municipal law.

2021-S970 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S970

SPONSOR: GAUGHRAN
 
TITLE OF BILL:

An act to amend the general municipal law, in relation to providing
enhanced cancer disability benefits to volunteer firefighters

 
SUMMARY:

Section 1 would amend paragraph (g)of subdivision 2 of section 3-c of
the general municipal law by adding a new subparagraph (v) that would
exempt tax levies implemented to fund enhanced cancer disability insur-
ance benefits for volunteer firefighters from the definition of "Tax
Levy Limit."

Section 2 would make a technical amendment to subdivision 5 of section
3-c of the general municipal law to include a reference to the new
subparagraph (v) created in section one of this act.

Section 3 provides for the effective date.

 
JUSTIFICATION:

Chapter 334 of the laws of 2017 required all fire districts, departments
and companies to provide and maintain enhanced cancer disability insur-
ance coverage for each eligible volunteer firefighter by January 1,
2019. To aid municipalities in securing these benefits, the State
enacted chapter 248 of the laws of 2018 which exempted the acquisition
cost of these insurance plans from fire district spending limitations
contained in the town law. Unfortunately, this bill did not exempt these
benefits from the real property tax cap. Therefore, under the current
law a fire district can spend as much money as it needs to acquire the
enhanced cancer disability insurance benefits for volunteer firefight-
ers, but any tax imposed to cover the cost of said benefits needs to
fall within the 2% tax cap. This deficiency in the law places an undue
burden on fire districts and forces departments to choose between the
health of its volunteers and necessary services and equipment. This bill
would amend the general municipal law to exempt any taxes levied by
municipalities to acquire enhanced cancer disability benefits for volun-
teer firefighters from the real property tax cap.

 
LEGISLATIVE HISTORY:

2019-20: S5854/A2227

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect on the first of January next succeeding the
date on which it shall have become a law; provided, however, that the
amendments to subdivisions 2 and 5 of section 3-c of the general munici-
pal law made by sections one and two of this act, respectively, shall
not affect the repeal of such section and shall be deemed to be repealed
therewith. Effective immediately, the addition and/or repeal of any rule
or regulation necessary for the implementation of this act on its effec-
tive date are authorized and directed to be made and completed on or
before such effective date.

2021-S970 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    970
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by Sen. GAUGHRAN -- read twice and ordered printed, and when
   printed to be committed to the Committee on Local Government
 
 AN ACT to amend the general municipal  law,  in  relation  to  providing
   enhanced cancer disability benefits to volunteer firefighters

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subparagraph (iv) of paragraph  (g)  of  subdivision  2  of
 section  3-c of the general municipal law, as added by section 1 of part
 A of chapter 97 of the laws of 2011, is amended and a  new  subparagraph
 (v) is added to read as follows:
   (iv)  in  years  in which the normal contribution rate of the New York
 state teachers' retirement system, as defined by paragraph a of subdivi-
 sion two of  section  five  hundred  seventeen  of  the  education  law,
 increases  by  more than two percentage points from the previous year, a
 tax levy necessary for expenditures for the coming fiscal year for local
 government employer  contributions  to  the  New  York  state  teachers'
 retirement system caused by growth in the normal contribution rate minus
 two percentage points[.];
   (V)  A  TAX  LEVY  NECESSARY  FOR  EXPENDITURES RESULTING FROM A LOCAL
 GOVERNMENT MEETING ITS OBLIGATION TO PROVIDE ENHANCED CANCER  DISABILITY
 BENEFITS TO VOLUNTEER FIREFIGHTERS AS REQUIRED UNDER SECTION TWO HUNDRED
 FIVE-CC OF THIS CHAPTER.
   §  2.  Subdivision  5  of section 3-c of the general municipal law, as
 added by section 1 of part A of chapter 97  of  the  laws  of  2011,  is
 amended to read as follows:
   5. A local government may adopt a budget that requires a tax levy that
 is  greater  than  the  tax  levy  limit for the coming fiscal year, not
 including any levy necessary to support  the  expenditures  pursuant  to
 subparagraphs  (i)  through [(iv)] (V) of paragraph g of subdivision two
 of this section, only if the governing body  of  such  local  government
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD01671-01-1

 S. 970                              2
 
 first  enacts,  by  a vote of sixty percent of the total voting power of
 such body, a local law to override such limit  for  such  coming  fiscal
 year  only, or in the case of a district or fire district, a resolution,
 approved  by  a  vote of sixty percent of the total voting power of such
 body, to override such limit for such coming fiscal year only.
   § 3. This act shall take effect on the first of January next  succeed-
 ing  the date on which it shall have become a law.  Effective immediate-
 ly, the addition, amendment and/or repeal  of  any  rule  or  regulation
 necessary  for  the implementation of this act on its effective date are
 authorized to be made and completed on or before such effective date.

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Senate Bill S970

Sponsored By

Archive: Last Bill Status - In Senate Committee Local Government Committee

co-Sponsors

2021-S970 (ACTIVE) - Details

2021-S970 (ACTIVE) - Summary

2021-S970 (ACTIVE) - Sponsor Memo

2021-S970 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S970

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Sponsored By

James Gaughran

Archive: Last Bill Status - In Senate Committee Local Government Committee

co-Sponsors

John E. Brooks

Leroy Comrie

2021-S970 (ACTIVE) - Details

2021-S970 (ACTIVE) - Summary

2021-S970 (ACTIVE) - Sponsor Memo

2021-S970 (ACTIVE) - Bill Text download pdf

Comments