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STATE OF NEW YORK
________________________________________________________________________

1199--A

2011-2012 Regular Sessions

IN ASSEMBLY

(PREFILED)

January 5, 2011
___________

Introduced  by M. of A. HAWLEY, KOLB, BARCLAY, TOBACCO, BUTLER, D. MILL-
  ER, CASTELLI, MONTESANO -- Multi-Sponsored  by  --  M.  of  A.  CONTE,
  JORDAN,  TENNEY, WEISENBERG -- read once and referred to the Committee
  on Ways and Means -- recommitted to the Committee on Ways and Means in
  accordance with Assembly Rule 3, sec. 2 -- committee discharged,  bill
  amended,  ordered reprinted as amended and recommitted to said commit-
  tee

AN ACT to amend the tax law, in relation to exempting  compensation  for
  active  military service from inclusion in a resident's adjusted gross
  income

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

  Section  1.  Paragraph  8  of subsection (c) of section 612 of the tax
law, as amended by chapter 528 of the laws of 1964, is amended  to  read
as follows:
  (8)  Compensation  received  for active service in the armed forces of
the United States [on or after October first,  nineteen  hundred  sixty-
one, and prior to September first, nineteen hundred sixty-two; provided,
however,  that  the amount of such compensation to be deducted shall not
exceed one hundred dollars for each month of the  taxable  year,  subse-
quent to September, nineteen hundred sixty-one, during any part of which
month  the  taxpayer  was engaged in such service] IF:  (A) THE TAXPAYER
MAINTAINED A PERMANENT RESIDENCE IN NEW YORK STATE  AND  SERVED  IN  THE
ACTIVE  SERVICE  IN THE ARMED FORCES OF THE UNITED STATES OUTSIDE OF NEW
YORK STATE FOR A PERIOD OF AT LEAST NINETY DAYS DURING THE TAXABLE YEAR;
(B) THE TAXPAYER MAINTAINED A PERMANENT PLACE OF ABODE  OUTSIDE  OF  NEW
YORK  STATE  WHILE IN ACTIVE SERVICE FOR THE ENTIRE TAXABLE YEAR; OR (C)
THE TAXPAYER MAINTAINED AN ABODE IN  NEW  YORK  STATE  OTHER  THAN  SUCH
PERSON'S  PERMANENT ADDRESS WHILE IN ACTIVE SERVICE; INCLUDING RESIDENCE
IN A MILITARY BARRACKS, BACHELOR'S QUARTERS OR ON BOARD A NAVAL  VESSEL.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01435-03-2
A. 1199--A                          2

For  the  purposes  of  this paragraph, the words "active service in the
armed forces of the United States" shall mean active  duty  (other  than
for  training) in the army, navy (including the marine corps), air force
or  coast  guard  of  the  United  States as defined in title ten of the
United States code.
  S 2.  This act shall take effect immediately and shall apply to  taxa-
ble years beginning on and after January 1, 2013.