Assembly Bill A10463

2009-2010 Legislative Session

Establishes the New York military family relief fund to provide grants to members of the organized militia or a reserve component of the armed forces of the US

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Archive: Last Bill Status - In Assembly 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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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 25, 2010	held for consideration in governmental operations
Mar 26, 2010	referred to governmental operations

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2009-A10463 (ACTIVE) - Details

Current Committee:: Assembly Governmental Operations
Law Section:: State Finance Law
Laws Affected:: Add §89-h, St Fin L; add §224, Mil L; add §§209-H & 630-c, amd §612, Tax L

2009-A10463 (ACTIVE) - Summary

Establishes the New York military family relief fund to provide grants, based on those having the greatest need, to members of a force of the organized militia or a reserve component of the armed forces of the United States who are called to active military service of the United States for a period of not less than ninety consecutive days and are stationed more than 300 miles from their primary residences; provides that such grants shall not be subject to state personal income taxation; establishes gifts for the New York military family relief fund so that business franchise and personal income taxpayers may make contributions to or provide for the payment of all or a portion of the taxpayer's tax refund to such fund.

2009-A10463 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:A10463

TITLE  OF BILL:   An act to amend the state finance law and the military
law, in relation to establishing the New  York  military  family  relief
fund;  to  amend  the tax law, in relation to establishing gifts for the
New York military family relief fund and providing that grants from  the
New  York  military  family  relief  fund  shall not be subject to state
personal income tax; and providing for the  repeal  of  such  provisions
upon expiration thereof

PURPOSE  OR  GENERAL IDEA OF THE BILL:  This legislation establishes the
New York military family relief fund.  This fund would assist  New  York
residents  who  are  members  of  the  militia,  National Guard or armed
services reserves and who have been called to active duty for  at  least
90 days and stationed at least 300 miles away from their homes,

SUMMARY OF SPECIFIC PROVISIONS:  Section 1: Amends the state finance law
by  adding  a new section 89-h to establish the New York military family
relief fund. The fund would be in the joint custody of the  Commissioner
of  Taxation  and  Finance  and  the  State  Comptroller. The fund shall
consist of moneys donated from corporate income tax and personal  income
tax  form  check-offs to be created pursuant to this legislation and may
be supplemented by other private or public sources of revenue.

Section 2: Amends the military law by adding a new section 224 to estab-
lish criteria to disburse funds to  eligible  members  of  the  militia,

National  Guard or armed services reserves. An "eligible member" means a
New York resident who is  a  member  of  the  National  Guard  or  armed
services  reserves,  has  been called to active duty for no less than 90
days and is stationed at least 300 miles away from his  or  her  primary
residence.

The  New  York military family relief fund will award needs-based grants
to eligible members for up to $3,000 annually if their  annual  military
income is at least 30 percent less than their annual civilian income but
only if such civilian income is $85,000 or less.

The  Division  of  Military and Naval Affairs shall promulgate rules and
regulations to establish guidelines on how best to  rate  and  evaluate.
the economic need of all applicants so that grants can be distributed to
those who have the greatest demonstrated economic need.

Section  3:  Amends the tax law by adding a new section 209-G to add the
corporate income tax  check-off  option  for  businesses  that  wish  to
contribute  to  the  New  York  military  family relief fund through the
filing of their corporate income tax forms.

Section 4: Amends subsection (c) of section 612 of the tax law by adding
a new paragraph 39 so that grants from  the  New  York  military  family
relief  fund do not count as income for purposes of calculating New York
adjusted gross income.

Section 5: Amends the tax law by adding a new section 630-b to  add  the
personal  income  tax  check-off  option  for  individuals  that wish to
contribute to the New York  military  family  relief  fund  through  the
filing of their personal income tax forms.

Section  6:  Provides  that  this  law  will  take  effect  immediately;
provided, that section 2 of this act will take effect on the  120th  day
after  it  becomes a law; provided, further, that the provisions of this
law will expire and be deemed repealed two years after the date that the
adjutant general determines that the War on Terror has ended.

JUSTIFICATION:  Many individuals who volunteered for the National  Guard
or  state  militia did not anticipate that they would be called to serve
for months or even years away  from  their  homes.  This  situation  has
created  financial  hardships for many members of the armed services and
their families since military pay is more often than  not  substantially
less than the amount such individuals receive in civilian pay. This bill
creates  a  mechanism  by  which  state taxpayers may assist financially
struggling military personnel that have been  stationed  far  away  from
their homes for an extended period of time.

LEGISLATIVE HISTORY:  2007-2008: A10793/S7643

FISCAL IMPLICATIONS: Minimal.

EFFECTIVE  DATE:   This act will take effect immediately; provided, that
section 2 of this act will take effect on the 120th day after it becomes
a law; provided, further, that the provisions of this  law  will  expire
and be deemed repealed two years after the date that the adjutant gener-
al determines that the War on Terror has ended.

2009-A10463 (ACTIVE) - Bill Text download pdf

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

                                  10463

                          I N  A S S E M B L Y

                             March 26, 2010
                               ___________

Introduced  by M. of A. CASTELLI -- Multi-Sponsored by -- M. of A. ALFA-
  NO, SCOZZAFAVA, WEISENBERG -- read once and referred to the  Committee
  on Governmental Operations

AN  ACT to amend the state finance law and the military law, in relation
  to establishing the New York military family relief fund; to amend the
  tax law, in relation to establishing gifts for the New  York  military
  family  relief  fund and providing that grants from the New York mili-
  tary family relief fund shall not be subject to state personal  income
  tax;  and  providing for the repeal of such provisions upon expiration
  thereof

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

  Section  1.  The  state finance law is amended by adding a new section
89-h to read as follows:
  S 89-H.  NEW YORK MILITARY FAMILY RELIEF  FUND.  1.  THERE  IS  HEREBY
ESTABLISHED  IN  THE  JOINT  CUSTODY OF THE COMMISSIONER OF TAXATION AND
FINANCE AND THE COMPTROLLER, A SPECIAL FUND TO BE KNOWN AS THE "NEW YORK
MILITARY FAMILY RELIEF FUND".
  2. SUCH FUND SHALL CONSIST OF ALL REVENUES RECEIVED BY THE  DEPARTMENT
OF  TAXATION  AND  FINANCE  PURSUANT  TO  THE PROVISIONS OF SECTIONS TWO
HUNDRED NINE-H AND SIX HUNDRED THIRTY-C OF THE TAX LAW, AND  ALL  MONEYS
APPROPRIATED,  CREDITED  OR  TRANSFERRED  THERETO FROM ANY OTHER FUND OR
SOURCE PURSUANT TO LAW. NOTHING CONTAINED IN THIS SECTION SHALL  PREVENT
THE  STATE  FROM RECEIVING GRANTS, GIFTS OR BEQUESTS FOR THE PURPOSES OF
THE FUND AS DEFINED IN THIS SECTION AND DEPOSITING THEM  INTO  THE  FUND
ACCORDING TO LAW.
  3.  MONEYS  IN  THE NEW YORK MILITARY FAMILY RELIEF FUND SHALL BE KEPT
SEPARATE AND SHALL NOT BE COMMINGLED WITH ANY OTHER MONEYS IN THE CUSTO-
DY OF THE COMMISSIONER OF TAXATION AND FINANCE AND THE COMPTROLLER.
  4. THE MONEYS IN SUCH FUND SHALL BE EXPENDED  ONLY  FOR  THE  PURPOSES
DESIGNATED IN SECTION TWO HUNDRED TWENTY-FOUR OF THE MILITARY LAW.
  5.  ALL  PAYMENTS  FROM  SUCH  FUND SHALL BE MADE BY THE DEPARTMENT OF
TAXATION AND FINANCE AFTER AUDIT  AND  WARRANT  OF  THE  COMPTROLLER  ON
VOUCHERS APPROVED BY THE ADJUTANT GENERAL.

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

                                                           LBD16375-01-0

A. 10463                            2

  S  2.  The military law is amended by adding a new section 224 to read
as follows:
  S  224.  NEW YORK MILITARY FAMILY RELIEF FUND. 1. DEFINITIONS. AS USED
IN THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
  A. "ELIGIBLE MEMBER" MEANS A NEW YORK RESIDENT WHO IS (1) A MEMBER  OF
A  FORCE  OF  THE  ORGANIZED MILITIA OR A RESERVE COMPONENT OF THE ARMED
FORCES OF THE UNITED STATES, (2) CALLED TO ACTIVE  MILITARY  SERVICE  OF
THE UNITED STATES FOR A PERIOD OF NOT LESS THAN NINETY CONSECUTIVE DAYS,
AND  (3)  STATIONED  AT  LEAST  THREE HUNDRED MILES AWAY FROM HIS OR HER
PRIMARY RESIDENCE.
  B. "MILITARY INCOME" MEANS MILITARY SALARY PLUS BASIC  HOUSING  ALLOW-
ANCE.
  2.  GRANTS.   AN ELIGIBLE MEMBER IS ENTITLED TO A GRANT OF UP TO THREE
THOUSAND DOLLARS ANNUALLY IF THE MILITARY INCOME OF THE ELIGIBLE MEMBER,
WHILE IN ACTIVE MILITARY SERVICE OF THE UNITED STATES, IS AT LEAST THIR-
TY PERCENT LESS THAN THE ELIGIBLE MEMBER'S INCOME FROM CIVILIAN  EMPLOY-
MENT  WHEN  SUCH INCOME FROM CIVILIAN EMPLOYMENT IS EIGHTY-FIVE THOUSAND
DOLLARS OR LESS.
  3. ADMINISTRATION. THE DIVISION OF MILITARY AND  NAVAL  AFFAIRS  SHALL
ADMINISTER  THE GRANTS AUTHORIZED BY THIS SECTION.  AMONG PERSONS ELIGI-
BLE FOR GRANTS, PRIORITY SHALL BE GIVEN TO  THOSE  HAVING  THE  GREATEST
DEMONSTRATED  NEED,  AS  DETERMINED  PURSUANT  TO  RULES AND REGULATIONS
ESTABLISHED BY THE DIVISION OF MILITARY AND NAVAL AFFAIRS.
  4. RULES AND REGULATIONS. THE DIVISION OF MILITARY AND  NAVAL  AFFAIRS
SHALL  PROMULGATE  RULES  AND  REGULATIONS  TO  ESTABLISH GUIDELINES AND
CRITERIA TO DISBURSE AVAILABLE GRANT FUNDS TO ELIGIBLE MEMBERS WITH  THE
GREATEST ECONOMIC NEEDS, AND TAKE SUCH OTHER MEASURES AS IT DEEMS NECES-
SARY TO IMPLEMENT THE PROVISIONS OF THIS SECTION.
  S  3.  The tax law is amended by adding a new section 209-H to read as
follows:
  S 209-H. GIFT FOR THE NEW YORK MILITARY FAMILY RELIEF FUND.  EFFECTIVE
FOR ANY TAX YEAR COMMENCING ON OR AFTER JANUARY FIRST, OF  THE  CALENDAR
YEAR  IN WHICH THIS SECTION TAKES EFFECT, A TAXPAYER IN ANY TAXABLE YEAR
MAY ELECT TO CONTRIBUTE TO THE NEW YORK  MILITARY  FAMILY  RELIEF  FUND.
SUCH  CONTRIBUTION  SHALL  BE  IN  ANY WHOLE DOLLAR AMOUNT AND SHALL NOT
REDUCE THE AMOUNT OF THE STATE TAX OWED BY SUCH TAXPAYER,  AND/OR  SHALL
ALLOW THE TAXPAYER TO CONTRIBUTE ALL OR ANY PORTION OF A TAX REFUND THAT
IS  OWED TO SUCH TAXPAYER, IF ANY.  THE COMMISSIONER SHALL INCLUDE SPACE
ON THE CORPORATE INCOME TAX RETURN TO ENABLE A  TAXPAYER  TO  MAKE  SUCH
CONTRIBUTION  AND  TO  CONTRIBUTE  ALL OR ANY PORTION OF ITS TAX REFUND.
NOTWITHSTANDING ANY OTHER  PROVISION  OF  LAW,  ALL  REVENUES  COLLECTED
PURSUANT  TO  THIS  SECTION  SHALL  BE CREDITED TO THE NEW YORK MILITARY
FAMILY RELIEF FUND AND SHALL BE USED ONLY FOR THOSE PURPOSES  ENUMERATED
IN SECTION EIGHTY-NINE-H OF THE STATE FINANCE LAW.
  S 4. Subsection (c) of section 612 of the tax law is amended by adding
a new paragraph 39 to read as follows:
  (39)  GRANTS  TO THE TAXPAYER FROM THE NEW YORK MILITARY FAMILY RELIEF
FUND PURSUANT TO SECTION TWO HUNDRED TWENTY-FOUR OF THE MILITARY LAW, TO
THE EXTENT INCLUDABLE IN GROSS INCOME FOR FEDERAL INCOME TAX PURPOSES.
  S 5. The tax law is amended by adding a new section 630-c to  read  as
follows:
  S 630-C. GIFT FOR THE NEW YORK MILITARY FAMILY RELIEF FUND.  EFFECTIVE
FOR  ANY  TAX YEAR COMMENCING ON OR AFTER JANUARY FIRST, OF THE CALENDAR
YEAR IN WHICH THIS SECTION TAKES EFFECT, AN INDIVIDUAL  IN  ANY  TAXABLE
YEAR  MAY  ELECT  TO  CONTRIBUTE  TO THE NEW YORK MILITARY FAMILY RELIEF
FUND. THE CONTRIBUTION SHALL BE IN ANY WHOLE DOLLAR AMOUNT AND SHALL NOT

A. 10463                            3

REDUCE THE AMOUNT OF STATE TAX OWED BY  SUCH  INDIVIDUAL,  AND/OR  SHALL
ALLOW THE TAXPAYER TO CONTRIBUTE ALL OR ANY PORTION OF A TAX REFUND THAT
IS  OWED TO SUCH TAXPAYER, IF ANY.  THE COMMISSIONER SHALL INCLUDE SPACE
ON  THE  PERSONAL  INCOME  TAX  RETURN TO ENABLE A TAXPAYER TO MAKE SUCH
CONTRIBUTION AND TO CONTRIBUTE ALL OR ANY PORTION  OF  THE  INDIVIDUAL'S
TAX  REFUND.    NOTWITHSTANDING  ANY OTHER PROVISION OF LAW ALL REVENUES
COLLECTED PURSUANT TO THIS SECTION SHALL BE CREDITED  TO  THE  NEW  YORK
MILITARY  FAMILY RELIEF FUND AND USED ONLY FOR THOSE PURPOSES ENUMERATED
IN SECTION EIGHTY-NINE-H OF THE STATE FINANCE LAW.
  S 6. This act shall take effect immediately, provided that:
  (a) section two of this act shall take effect on the one hundred twen-
tieth day after this act shall have become a law  and,  effective  imme-
diately, any rules and regulations necessary to implement the provisions
of  such  section are authorized to be completed on or before the effec-
tive date of section two of this act; and
  (b) the provisions of this act shall expire and be deemed repealed two
years after the date that the adjutant general determines that  the  War
on Terror has ended, provided that the adjutant general shall notify the
legislative  bill  drafting  commission upon his or her determination of
the date that the War on Terror ended, in order that the commission  may
maintain an accurate and timely effective data base of the official text
of  the laws of the state of New York in furtherance of effectuating the
provisions of section 44 of the legislative law and section 70-b of  the
public officers law.

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Assembly Bill A10463

Sponsored By

Archive: Last Bill Status - In Assembly Committee

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co-Sponsors

multi-Sponsors

2009-A10463 (ACTIVE) - Details

2009-A10463 (ACTIVE) - Summary

2009-A10463 (ACTIVE) - Sponsor Memo

2009-A10463 (ACTIVE) - Bill Text download pdf

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Sponsored By

CASTELLI

Archive: Last Bill Status - In Assembly Committee

Actions

co-Sponsors

Adriano Espaillat

Daniel Burling

Clifford Crouch

Michael Montesano

multi-Sponsors

Thomas Alfano

Stephen Hawley

Dierdre Scozzafava

Harvey Weisenberg

2009-A10463 (ACTIVE) - Details

2009-A10463 (ACTIVE) - Summary

2009-A10463 (ACTIVE) - Sponsor Memo

2009-A10463 (ACTIVE) - Bill Text download pdf

Comments