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

                                  4009

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 28, 2015
                               ___________

Introduced  by  M.  of  A.  TEDISCO,  CURRAN,  DiPIETRO, DUPREY, GIGLIO,
  HAWLEY, McDONOUGH, RA, WALTER, RAIA,  CORWIN,  McLAUGHLIN,  PALMESANO,
  CERETTO  --  Multi-Sponsored  by  -- M. of A. BARCLAY, GRAF, McKEVITT,
  THIELE -- read once and referred  to  the  Committee  on  Governmental
  Operations

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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02624-01-5
              

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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-
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-

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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
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.

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  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.