NY State Senate Bill 2017-S9138

Senate Bill S9138

2017-2018 Legislative Session

Relates to allowing former National Guard members to apply for the veterans alternative exemption

download bill text pdf

Archive: Last Bill Status - In Senate Committee Rules 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
Jul 20, 2018	referred to rules

2017-S9138 (ACTIVE) - Details

Current Committee:: Senate Rules
Law Section:: Real Property Tax Law
Laws Affected:: Amd §458-a, RPT L

2017-S9138 (ACTIVE) - Summary

Relates to allowing former National Guard members to apply for the veterans alternative exemption.

2017-S9138 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S9138

SPONSOR: AVELLA
 
TITLE OF BILL:  An act to amend the real property tax law, in relation
to allowing former National Guard members to apply for the veterans
alternative exemption

 
PURPOSE:

The purpose of this bill is to allow those who served as a member of the
state national guard or air national guard to apply for the veterans'
alternative property tax exemption.

 
SUMMARY OF PROVISIONS:

Section 1 of this bill amends paragraph (e) of subdivision 1 of section
458-a of the real property tax law by adding language to the definition
of the term "veteran" to include those who served as a member of the
state national guard or air national guard.

Section 2 of this bill states that this act shall take effect immediate-

ly after it shall have become a law.

 
JUSTIFICATION:

New York State takes pride in its military personnel. Members of the
National Guard and Reserves choose to give their time to our country and
are ready to put their lives at risk should an extreme situation arise.
These brave citizens deserve recognition and appreciation for their
willingness to serve.

While federal law was amended in 2016 to grant National Guard and
Reserve members access to increased benefits, New York State law has not
been amended. As such, allowing National Guardsmen to receive the same
property tax exemption as other members of the military will reflect put
New York State law on par with the federal law, and demonstrate New York
State's gratitude for their service.

 
LEGISLATIVE HISTORY:

New Bill.

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect immediately after it shall have become a law.

2017-S9138 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9138
 
                             I N  S E N A T E
 
                               July 20, 2018
                                ___________
 
 Introduced  by  Sen.  AVELLA -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 AN ACT to amend the real property  tax  law,  in  relation  to  allowing
   former  National  Guard  members to apply for the veterans alternative
   exemption
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Paragraph (e) of subdivision 1 of section 458-a of the real
 property  tax  law,  as  amended  by chapter 384 of the laws of 2008, is
 amended to read as follows:
   (e) "Veteran" means a person (i) who served in  the  active  military,
 naval,  or air service during a period of war, or who was a recipient of
 the armed forces expeditionary medal, navy expeditionary  medal,  marine
 corps  expeditionary  medal,  or  global  war on terrorism expeditionary
 medal, and who was discharged  or  released  therefrom  under  honorable
 conditions,  (ii) who was employed by the War Shipping Administration or
 Office of Defense Transportation or their agents as  a  merchant  seaman
 documented  by  the United States Coast Guard or Department of Commerce,
 or as a civil servant employed  by  the  United  States  Army  Transport
 Service  (later  redesignated  as  the United States Army Transportation
 Corps, Water Division) or the  Naval  Transportation  Service;  and  who
 served  satisfactorily  as  a  crew  member  during  the period of armed
 conflict,  December  seventh,  nineteen  hundred  forty-one,  to  August
 fifteenth,  nineteen  hundred  forty-five,  aboard  merchant  vessels in
 oceangoing, i.e., foreign, intercoastal, or coastwise  service  as  such
 terms  are defined under federal law (46 USCA 10301 & 10501) and further
 to include "near foreign" voyages between the United States and  Canada,
 Mexico, or the West Indies via ocean routes, or public vessels in ocean-
 going  service  or  foreign waters and who has received a Certificate of
 Release or Discharge from Active Duty and a discharge certificate, or an
 Honorable Service Certificate/Report of Casualty, from the department of
 defense, (iii) who served as a United States civilian  employed  by  the
 American  Field  Service  and served overseas under United States Armies
 and United States Army Groups in world war II during the period of armed
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD16409-01-8

 S. 9138                             2
 
 conflict, December  seventh,  nineteen  hundred  forty-one  through  May
 eighth,  nineteen hundred forty-five, and who was discharged or released
 therefrom under honorable conditions, (iv) who served as a United States
 civilian  Flight Crew and Aviation Ground Support Employee of Pan Ameri-
 can World Airways or one of  its  subsidiaries  or  its  affiliates  and
 served  overseas  as a result of Pan American's contract with Air Trans-
 port Command or Naval Air Transport Service during the period  of  armed
 conflict, December fourteenth, nineteen hundred forty-one through August
 fourteenth,  nineteen  hundred  forty-five,  and  who  was discharged or
 released therefrom under honorable conditions, [or] (v)  notwithstanding
 any  other  provision  of  law  to  the contrary, who are members of the
 reserve components of the armed forces of the United States who received
 an honorable discharge or release therefrom under honorable  conditions,
 but  are  still members of the reserve components of the armed forces of
 the United States provided that such members meet all  other  qualifica-
 tions  under  the  provisions  of  this section, OR (VI) WHO SERVED AS A
 MEMBER OF THE STATE NATIONAL GUARD OR AIR NATIONAL GUARD.
   § 2. This act shall take effect immediately.

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