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LL #04-1999LOCAL LAW No. #4 OF THE YEAR 1999 AMENDING LOCAL LAW No.1 OF 1967, AS AMENDED, TO INCREASE THE INCOME LIMITATIONS FOR ELIGIBILITY FOR TAX EXEMPTIONS FOR SENIOR CITIZENS A Local Law entitled "Local Law Amending Local Law No.1 of 1967, as amended, to Increase the Income Limitations for Eligibility for Tax Exemptions for Senior Citizens". BE IT ENACTED by the Town Board of the Town of Wappinger as follows: Section I: Title: Local Law Amending Local Law No.1 of 1967 as amended to Increase the Income Limitations for Eligibility for Tax Exemptions for Senior Citizens. This Local Law shall be known and cited as Town of Wappinger Local Law No. #4 of 1999, entitled "Local Law Amending Local Law No.1 of 1967, as amended, to Increase the Income Limitations for Eligibility for Tax Exemptions for Senior Citizens", which shall amend the present Local Law fixing the income limitations for eligibility for tax exemptions for senior citizens, as set forth below. Section II: Legislative Intent: The Town Board acknowledges that many senior citizens are living on fixed incomes, and are, therefore, in particular need of relief from the burden of real property taxes. The Board further acknowledges that senior citizens make significant contributions to the diversity of, and to the quality of life in the Town. The Board acknowledges that some tax relief is currently available to the Town of Wappinger seniors. The Board, however, has determined that to the extent that additional tax relief is authorized by the New York State Legislature, the Town of Wappinger is best served by providing that additional relief to its senior citizens. Section III: The Local Law No. 4 of 1999 amends the provisions of the following Local Laws providing for partial tax exemptions of real property owned by certain persons with limited income or who are sixty-five years of age or older, implementing the provisions of Chapters 312 Section 1 of the Laws of 1996, and Chapter 298 of the Laws of 1998: Local Law No.1 of 1967; Local Law No.5 of 1977; Local Law No.2 of 1980 Local Law No.6 of 1980 Local Law No.7 of 1982 Local Law No.8 of 1983 Local Law No.4 of 1986 Section 2(b) of Local Law No.4 of 1986 Local Law No.3 of 1991 Local Law No. 11 of 1992 Local Law No.2 of 1995 Local Law No.3 of 1997 BE IT ENACTED by the Town Board of the Town of Wappinger, Dutchess County, State of New York as follows: Section 2(b) of Local Law No.1 of 1967, as amended by Section 2 of Local Law No.5 of 1977; Local Law No.2 of 1980, Local Law No.8 of 1983, and Section 2(b) of Local Law No.4 of 1986, Local Law No.3 of 1991, Local Law No.11 of 1992, Local Law No.2 of 1995 and Local Law No.3 of 1997 is further amended to read as follows: "Section 2(b) In order to be eligible for a 50% tax exemption, the income of the owner or the combined income of the owners of real property shall not and may not exceed the sum of Nineteen Thousand, Five Hundred ($19,500.00) Dollars, for the income tax year immediately preceding the date of making the application for exemption. The income tax year shall mean a 12 month period for which the owner or owners filed a federal personal income tax return, or if no such return was filed, the preceding calendar year. Where title is vested in either the husband or the wife, their combined income may not exceed such income. Such income shall include social security and retirement benefits, interest, dividends, net rental income, salary or earnings and the net income from self-employment, but shall not include a return of capital gifts or inheritances. Any such income, shall be offset by all medical and prescription drug expenses actually paid which were not reimbursed or paid for by insurance. Rental income and self-employment income shall not be reduced by an allowance for depreciation." Section 2 (c) of Local Law No.8 of 1983, Local No.4 of 1986, Local Law No.3 of 1991, Local Law No.11 of 1992, and Section 2 of Local Law No.5 of 1995, is hereby amended to read as follows: "Section 2 (c): If the income of an eligible property owner or the combined income of the owners of the property exceeds the sum of nineteen thousand, five hundred ($19,500.00) dollars, in the income tax year immediately preceding the date of making the application for tax exemption, and is not greater than twenty-seven thousand eight hundred ninety-nine and 099/100 ($27,899.99) Dollars, said owner shall be entitled to a partial exemption as follows: ANNUAL INCOME PERCENTAGE OF ASSESSED VALUATION EXEMPT FROM TAXATION Less than $19,500 50 $19,500 BUT LESS THAN $20,500 45 $20,500 TO $21,499.99 40 $21,500 TO $22,499.99 '35 $22,500 TO $23,399.99 30 $23,400 TO $24,299.99 25 $24,300 TO $25,199.99 20 $25,200 TO $26,099.99 15 $26,100 TO $26,999.99 . 10 $27,000 TO $27,899.99 5 Section IV: Separability. The provisions of this Local Law are separable and if any provision, clause, sentence, subsection, word or part thereof is held illegal, invalid or unconstitutional, or inapplicable to any person or circumstance, such illegality, invalidity, or unconstitutionality, or inapplicability, shall not affect or impair any of the remaining provisions, clauses, sentences, subsections, words or parts of this local law or their application to other persons or circumstances. Is hereby declared to be the legislative intent of the Town Board of the Town of Wappinger that this Local Law would have been adopted adopted if such illegal, invalid or unconstitutional provision, clause, sentence, subsection, word or part had not been included therein, and if such person or circumstance to which the Local Law or part thereof is held inapplicable had been specifically exempt therefrom. Section V: Effective Date. This Local Law shall take effect immediately upon adoption and filing with the Secretary of State as provided by the Municipal Home Rule Law.