senate Bill S7682

Relates to benefits for certain active or retired members of the New York state organized militia

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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  • 28 / May / 2014
    • REFERRED TO VETERANS, HOMELAND SECURITY AND MILITARY AFFAIRS

Summary

Enhances benefits for certain active or retired members of the New York state organized militia; enhances military pay, creates a property tax exemption, tuition award, and grants free vehicular access to any state park and recreational facility which charges fees for vehicular access.

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Bill Details

See Assembly Version of this Bill:
A9899
Versions:
S7682
Legislative Cycle:
2013-2014
Current Committee:
Senate Veterans, Homeland Security And Military Affairs
Law Section:
Military Law
Laws Affected:
Amd §210, Mil L; add §458-c, RPT L; add §669-c, Ed L; amd §§13.18 & 13.20, Pks & Rec L

Sponsor Memo

BILL NUMBER:S7682

TITLE OF BILL: An act to amend the military law, the real property
tax law, the education law, and the parks, recreation and historic
preservation law, in relation to benefits for certain active duty and
retired members of the New York state organized militia

PURPOSE OF THE BILL: This legislation provides the following benefit
programs:

NY National Guard Scholarship Program - Propose new Tuition Assistance
Program similar to the Persian Gulf scholarship program to cover
currently serving and retired members of the NY Army and Air National
Guard who supported combat operations in Iraq and Afghanistan from
9/11/2001 to the present. Run under auspices of HESC it would allow
for a state grant of $1,000 per semester to the Guard service person
when enrolled at a SUNY or CUNY institution and serve as a "Top Off'
retention incentive to the service member's GI Bill.

State Active Duty Pay - New York Military Law would be amended to
raise the minimum daily pay for service members performing under
Military Law in an emergency situation on state active duty from $125
to $150. This provision affects mostly junior enlisted members in the
grade of E-1 through E-4.

Free Empire Passports to New York State Parks - Free Empire Passports
may be issued to all active (e.g. drilling) New York resident members
of the state organized militias and New York State Defense Forces (NY
Army National Guard, NY Air National Guard, NY Guard, and NY Naval
Militia only).

Tax Relief for Guard Military Service - Similar to proposed Tax Relief
for Active Military Service Act proposed by NY AG. Would be specific
to members of the NY State Defense Forces only and would apply to all
those in an active (e.g. drilling, mobilized, etc) or retired ARNG and
ANG status.

SUMMARY OF SPECIFIC PROVISIONS: Section 2: Amends § 458-c of the Real
Property Tax Law and calls for an exemption for property owned by
active duty and retired members of the New York State organized
militia 1. As used in this section:

(a) "Qualified owner" means an active duty or retired member of the
New York state army national guard or the New York State Air Nation
Guard.

(b) "Qualifying residential real property" means real property at
least fifty percent which is owned by a qualified owner which is used
exclusively for residential purposes; provided however, that in the
event any portion of such property is not so used exclusively for
residential purposes 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. Such property must
be the primary residence of the qualified owner, unless the qualified
owner is absent from the property due to medical reasons or
institutionalization.


2. Each county, city, town or village may adopt a local law or
ordinance providing that qualifying residential real property be
exempt from real property taxes, in an amount equal to ten percent of
the assessed value of such property. Such exemption shall not be in
addition to any other organized militia exemption or abatement of
taxes authorized by law.

3. Such exemption from taxation shall be granted upon an application
which shall include a statement that a qualified owner resides at the
property. Application shall me made annually upon a form to be
promulgated by the commissioner and shall include a statement of
service from the unit in which the qualified owner serves or served or
other adequate proof of New York State organized militia service. The
application and statement of service shall be filed by the qualified
owner to the assessor of such municipality which has the power to
assess the property for taxation on or before the appropriate taxable
status date of such municipality. If the assessor is satisfied that
the property is qualified for an exemption pursuant to this section,
then such residential improvements shall be exempt from taxation as
provided in subdivision two of this section.

The education law is amended by adding a new section § 669-c to read
as follows:

§ 669-c Tuition awards program for certain New York army and air
National Guard members. Any current of former member of the New York
Army National Guard or New York Air National Guard who served in a
combat operation in Iraq or Afghanistan any time after October
seventh, two thousand one, provided such current or former member
meets the eligibility requirements in subdivision three of section six
hundred sixty-nine-a of this subpart on the date his or her
application, submitted pursuant to section six hundred sixty-seven of
this subpart, is received by the corporation, shall be eligible to
receive a grant of one thousand dollars each semester while he or she
is enrolled in any state university of New York or city university of
New York school.

Section 13.18 of the parks, recreation and historic preservation law,
as added by chapter 443 of the laws of 2012, is amended to read as
follows:

5. Such pass shall be issued free of charge to all active New York
State resident members of the state organized militias and New York
State defense forces, specifically, the New York Army National Guard,
the New York Air National Guard, the New York Guard and the New York
Naval militia.

JUSTIFICATION: All provisions of this legislation are debts of
gratitude to those who have volunteered to serve in the ranks of our
state militia. There's a phrase each of us frequently uses when we are
appreciative, 'thanks for everything.' When it comes to our guard
forces and our reservists, that's not a slogan, that's reality. They
really have given us the ability to retain for us everything that we
as Americans and New Yorkers hold dear. All of our freedoms and
liberties and relative safety are due to the service and sacrifices of
these brave men and women.


This law will extend benefits to our state's first responders, and in
turn, serve as an incentive to boost enlistment and strengthen our
state's forces.

PRIOR LEGISLATIVE HISTORY: New bill

FISCAL IMPLICATIONS: Minimal

EFFECTIVE DATE: This act shall take effect immediately.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  7682

                            I N  S E N A T E

                              May 28, 2014
                               ___________

Introduced  by  Sen.  LARKIN -- read twice and ordered printed, and when
  printed to be committed to the Committee on Veterans, Homeland Securi-
  ty and Military Affairs

AN ACT to amend the military law, the real property tax law, the  educa-
  tion  law, and the parks, recreation and historic preservation law, in
  relation to benefits for certain active duty and  retired  members  of
  the New York state organized militia

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivision 1 of  section  210  of  the  military  law,  as
amended  by  chapter  418  of  the  laws  of 2004, is amended to read as
follows:
  1. Each member of the militia ordered into the active service  of  the
state  pursuant to sections six and seven of this chapter, shall receive
for each day or part thereof of such duty the same pay and allowances as
are received by members of the appropriate force of the armed forces  of
the  United States of corresponding grade, rating and length of service,
or one hundred [twenty-five] FIFTY dollars per day, whichever is  great-
er.
  S  2.  The  real  property  tax law is amended by adding a new section
458-c to read as follows:
  S 458-C. EXEMPTION FOR PROPERTY  OWNED  BY  ACTIVE  DUTY  AND  RETIRED
MEMBERS  OF  THE  NEW  YORK  STATE ORGANIZED MILITIA. 1. AS USED IN THIS
SECTION:
  (A) "QUALIFIED OWNER" MEANS AN ACTIVE DUTY OR RETIRED  MEMBER  OF  THE
NEW  YORK  STATE  ARMY NATIONAL GUARD OR THE NEW YORK STATE AIR NATIONAL
GUARD.
  (B) "QUALIFYING RESIDENTIAL REAL  PROPERTY"  MEANS  REAL  PROPERTY  AT
LEAST FIFTY PERCENT OF WHICH IS OWNED BY A QUALIFIED OWNER WHICH IS USED
EXCLUSIVELY  FOR  RESIDENTIAL  PURPOSES;  PROVIDED  HOWEVER, THAT IN THE
EVENT ANY PORTION OF SUCH PROPERTY IS NOT SO USED EXCLUSIVELY FOR  RESI-
DENTIAL  PURPOSES  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. SUCH PROPERTY MUST BE THE PRIMA-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD15017-01-4

S. 7682                             2

RY  RESIDENCE  OF  THE  QUALIFIED  OWNER,  UNLESS THE QUALIFIED OWNER IS
ABSENT FROM THE PROPERTY DUE TO MEDICAL REASONS OR INSTITUTIONALIZATION.
  2.  EACH  COUNTY, CITY, TOWN OR VILLAGE MAY ADOPT A LOCAL LAW OR ORDI-
NANCE PROVIDING THAT QUALIFYING RESIDENTIAL REAL PROPERTY BE EXEMPT FROM
REAL PROPERTY TAXES, IN AN AMOUNT EQUAL TO TEN PERCENT OF  THE  ASSESSED
VALUE  OF  SUCH PROPERTY. SUCH EXEMPTION SHALL NOT BE IN ADDITION TO ANY
OTHER ORGANIZED MILITIA EXEMPTION OR ABATEMENT OF  TAXES  AUTHORIZED  BY
LAW.
  3.  SUCH  EXEMPTION FROM TAXATION SHALL BE GRANTED UPON AN APPLICATION
WHICH SHALL INCLUDE A STATEMENT THAT A QUALIFIED OWNER  RESIDES  AT  THE
PROPERTY.  APPLICATION  SHALL BE MADE ANNUALLY UPON A FORM TO BE PROMUL-
GATED BY THE COMMISSIONER AND SHALL INCLUDE A STATEMENT OF SERVICE  FROM
THE UNIT IN WHICH THE QUALIFIED OWNER SERVES OR SERVED OR OTHER ADEQUATE
PROOF  OF NEW YORK STATE ORGANIZED MILITIA SERVICE.  THE APPLICATION AND
STATEMENT OF SERVICE SHALL BE FILED BY THE QUALIFIED OWNER TO THE ASSES-
SOR OF SUCH MUNICIPALITY WHICH HAS THE POWER TO ASSESS THE PROPERTY  FOR
TAXATION  ON OR BEFORE THE APPROPRIATE TAXABLE STATUS DATE OF SUCH MUNI-
CIPALITY. IF THE ASSESSOR IS SATISFIED THAT THE  PROPERTY  IS  QUALIFIED
FOR  AN  EXEMPTION  PURSUANT  TO  THIS  SECTION,  THEN  SUCH RESIDENTIAL
IMPROVEMENTS SHALL BE EXEMPT FROM TAXATION AS  PROVIDED  IN  SUBDIVISION
TWO OF THIS SECTION.
  S  3.  The  education  law is amended by adding a new section 669-c to
read as follows:
  S 669-C. TUITION AWARDS PROGRAM FOR CERTAIN  NEW  YORK  ARMY  AND  AIR
NATIONAL  GUARD  MEMBERS.  ANY  CURRENT OR FORMER MEMBER OF THE NEW YORK
ARMY NATIONAL GUARD OR NEW YORK AIR  NATIONAL  GUARD  WHO  SERVED  IN  A
COMBAT  OPERATION IN IRAQ OR AFGHANISTAN ANY TIME AFTER OCTOBER SEVENTH,
TWO THOUSAND ONE, PROVIDED SUCH CURRENT OR FORMER MEMBER IS  A  RESIDENT
OF  THIS  STATE, AND PROVIDED FURTHER THAT SUCH CURRENT OR FORMER MEMBER
MEETS THE ELIGIBILITY REQUIREMENTS IN SUBDIVISION THREE OF  SECTION  SIX
HUNDRED SIXTY-NINE-A OF THIS SUBPART ON THE DATE HIS OR HER APPLICATION,
SUBMITTED  PURSUANT  TO SECTION SIX HUNDRED SIXTY-SEVEN OF THIS SUBPART,
IS RECEIVED BY THE CORPORATION, SHALL BE ELIGIBLE TO RECEIVE A GRANT  OF
ONE  THOUSAND  DOLLARS  EACH SEMESTER WHILE HE OR SHE IS ENROLLED IN ANY
STATE UNIVERSITY OF NEW YORK OR CITY UNIVERSITY OF NEW YORK SCHOOL.
  S 4. Section 13.18 of the parks, recreation and historic  preservation
law,  as added by chapter 443 of the laws of 2012, is amended to read as
follows:
  S 13.18 Three-year vehicular access fee. 1. Notwithstanding any  other
provision  of  law  to  the  contrary,  the office or other state agency
having jurisdiction of a  state  park  or  recreational  facility  shall
establish  a  three-year vehicular access fee which shall run from April
first of the year of issuance to March thirty-first of  the  third  year
following  such  issuance,  entitling  the  holder thereof to a pass for
vehicular admission without additional fee to any state park and  recre-
ational  facility  which has a vehicular access fee. Such three-year fee
shall be consistent  with  the  fee  schedule  established  pursuant  to
section  13.15  of this article and shall be approved by the director of
the budget.
  2. The pass for vehicular access shall be  known  as  the  "Three-Year
Empire Passport". The pass shall be available at regional park headquar-
ters  and  such  other  places as the office or other state agency shall
designate. Such pass, having an emblem of the bluebird thereon, shall be
available in a form prescribed by the office.
  3. Such pass for vehicular access shall not be available to the  owner
or operator of an omnibus operated for a commercial purpose, unless such

S. 7682                             3

omnibus  is  operated  by  or  pursuant to an agreement with a public or
private nonprofit agency for the purpose of transporting persons  to  or
from state parks for a recreational experience.
  4.  If  demonstrated  that the use of the pass for vehicular access in
particular parks or recreational facilities is contrary  to  the  public
interest,  the office or such other state agency having jurisdiction may
prohibit its use in such particular parks or recreational facilities  by
rule or regulation.
  5.  SUCH  PASS  SHALL  BE ISSUED FREE OF CHARGE TO ALL ACTIVE NEW YORK
STATE RESIDENT MEMBERS OF THE STATE  ORGANIZED  MILITIAS  AND  NEW  YORK
STATE  DEFENSE  FORCES,  SPECIFICALLY, THE NEW YORK ARMY NATIONAL GUARD,
THE NEW YORK AIR NATIONAL GUARD, THE NEW YORK GUARD  AND  THE  NEW  YORK
NAVAL MILITIA.
  6.  The  office  or  other state agency having jurisdiction of a state
park or recreational facility shall  promulgate  such  rules  and  regu-
lations as may be necessary to carry out the provisions of this section.
  S  5. Section 13.20 of the parks, recreation and historic preservation
law, as added by chapter 443 of the laws of 2012, is amended to read  as
follows:
  S  13.20  Five-year vehicular access fee. 1. Notwithstanding any other
provision of law to the contrary,  the  office  or  other  state  agency
having  jurisdiction  of  a  state  park  or recreational facility shall
establish a five-year access fee which shall run from April first of the
year of issuance to March thirty-first of the fifth year following  such
issuance, entitling the holder thereof to a pass for vehicular admission
without additional fee to any state park and recreational facility which
has  an  access fee. Such five-year fee shall be consistent with the fee
schedule established pursuant to section 13.15 of this article and shall
be approved by the director of the budget.
  2. The pass for vehicular access shall  be  known  as  the  "Five-Year
Empire Passport". The pass shall be available at regional park headquar-
ters  and  such  other  places  as the office or such other state agency
shall designate. Such pass, having an emblem of the brook trout thereon,
shall be available in a form prescribed by the office.
  3. Such pass for vehicular access shall not be available to the  owner
or operator of an omnibus operated for a commercial purpose, unless such
omnibus  is  operated  by  or  pursuant to an agreement with a public or
private nonprofit agency for the purpose of transporting persons  to  or
from state parks for a recreational experience.
  4.  If  demonstrated  that the use of the pass for vehicular access in
particular parks or recreational facilities is contrary  to  the  public
interest,  the office or such other state agency having jurisdiction may
prohibit its use in such particular parks or recreational facilities  by
rule or regulation.
  5.  SUCH  PASS  SHALL  BE ISSUED FREE OF CHARGE TO ALL ACTIVE NEW YORK
STATE RESIDENT MEMBERS OF THE STATE  ORGANIZED  MILITIAS  AND  NEW  YORK
STATE  DEFENSE  FORCES,  SPECIFICALLY, THE NEW YORK ARMY NATIONAL GUARD,
THE NEW YORK AIR NATIONAL GUARD, THE NEW YORK GUARD  AND  THE  NEW  YORK
NAVAL MILITIA.
  6.  The  office  or  other state agency having jurisdiction of a state
park or recreational facility shall  promulgate  such  rules  and  regu-
lations as may be necessary to carry out the provisions of this section.
  S  6.  This act shall take effect immediately; and section two of this
act shall apply to assessment roles prepared on  the  basis  of  taxable
status  dates occurring on or after the first of January next succeeding
the date on which this act shall have become a law.

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