466-D*3 - Volunteer firefighters and volunteer ambulance workers.

* §  466-d. Volunteer firefighters and volunteer ambulance workers. 1.  Real property owned by an enrolled member of an  incorporated  volunteer  fire  company,  fire  department  or  incorporated  voluntary  ambulance  service or such enrolled member and spouse residing in  a  county  which  has  a  population of more than nine hundred thousand and less than nine  hundred fifty thousand persons, shall be exempt  from  taxation  to  the  extent  of  ten percent of the assessed value of such property for city,  village, town, part town, school district, special  district  or  county  purposes,  exclusive of special assessments, provided that the governing  body of a city, village, town,  school  district,  or  county,  after  a  public  hearing,  adopts  a local law, ordinance or resolution providing  therefor.    2. Such exemption shall  be  granted  to  an  enrolled  member  of  an  incorporated  volunteer  fire  company,  fire department or incorporated  voluntary ambulance service residing in such county only if:    (a) the applicant resides in the city, town or village which is served  by such incorporated  volunteer  fire  company  or  fire  department  or  incorporated voluntary ambulance service;    (b) the property is the primary residence of the applicant;    (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;    (d)   the  applicant  has  been  certified  by  the  authority  having  jurisdiction  for  the  incorporated  volunteer  fire  company  or  fire  department  as  an  enrolled  member of such incorporated volunteer fire  company or fire department for at least five years or the applicant  has  been certified by the authority having jurisdiction for the incorporated  voluntary  ambulance  service as an enrolled member of such incorporated  voluntary ambulance service for at least five years.  It  shall  be  the  duty  and  responsibility  of the municipality which adopts a local law,  ordinance or resolution  pursuant  to  this  section  to  determine  the  procedure for certification; and    (e)  (i)  for volunteer firefighters, the area served by the volunteer  fire company does not encompass any area served by a fire company having  five or more professional firefighters.    (ii) for volunteer ambulance workers, the area served by the volunteer  ambulance company does not encompass any area  served  by  an  ambulance  company having five or more professional ambulance workers.    3. Any enrolled member of an incorporated volunteer fire company, fire  department  or incorporated voluntary ambulance service who accrues more  than twenty years of active service and is so certified by the authority  having jurisdiction for the incorporated volunteer  fire  company,  fire  department or incorporated voluntary ambulance service, shall be granted  the  ten  percent  exemption  as  authorized  by  this  section  for the  remainder of his or her life as long as his or her primary residence  is  located within such a county provided that the governing body of a city,  village, town, school district or county, after a public hearing, adopts  a local law, ordinance or resolution providing therefor.    4.  Any  volunteer  firefighter  or volunteer ambulance worker of such  county who is or becomes permanently disabled due to the exercise of his  or her duties as  such  firefighter  or  ambulance  worker  and  who  is  prevented  from  being  certified  as  an active service member shall be  entitled to the annual certification during the period  of  his  or  her  disability.5.  Application for such exemption shall be filed with the assessor or  other agency,  department  or  office  designated  by  the  municipality  offering  such  exemption on or before the taxable status date on a form  as prescribed by the state board.    6.  No applicant who is a volunteer firefighter or volunteer ambulance  worker who by reason of such status is receiving any benefit  under  the  provisions  of  this article on the effective date of this section shall  suffer any diminution of such benefit because of the provisions of  this  section.    * NB There are 4 § 466-d's