NY State Senate Bill 2023-S5231

Current 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 03, 2024	referred to local government
Feb 27, 2023	referred to local government

co-Sponsors

2023-S5231 (ACTIVE) - Details

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
2021-2022: S970

2023-S5231 (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.

2023-S5231 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S5231

SPONSOR: THOMAS
 
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 disabili-
ty insurance benefits for volunteer firefighters, 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 volunteer firefighters from the real property tax cap.

 
LEGISLATIVE HISTORY:

2021-22: S.970 (Gaughran) / A.1391 (Cahill) - Referred to Local Gov

2019-20: S.5854 (Gaughran) / A.2227 (Cahill) - Referred to Local Gov

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect on the first of January nest 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.

2023-S5231 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5231
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             February 27, 2023
                                ___________
 
 Introduced  by  Sens.  THOMAS, COMRIE -- 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
 first  enacts,  by  a vote of sixty percent of the total voting power of
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07499-01-3

 S. 5231                             2
 
 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 S5231

Sponsored By

Current Bill Status - In Senate Committee Local Government Committee

co-Sponsors

2023-S5231 (ACTIVE) - Details

2023-S5231 (ACTIVE) - Summary

2023-S5231 (ACTIVE) - Sponsor Memo

2023-S5231 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S5231

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Sponsored By

Kevin Thomas

Current Bill Status - In Senate Committee Local Government Committee

co-Sponsors

Leroy Comrie

2023-S5231 (ACTIVE) - Details

2023-S5231 (ACTIVE) - Summary

2023-S5231 (ACTIVE) - Sponsor Memo

2023-S5231 (ACTIVE) - Bill Text download pdf

Comments