S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7610
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                May 3, 2017
                                ___________
 
 Introduced  by  M.  of  A.  DenDEKKER  --  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.
   §  2.  The  real  property  tax law is amended by adding a new section
 458-c to read as follows:
   § 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.
                                                            LBD06362-01-7

 A. 7610                             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.
   §  3.  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 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.
   § 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:
   § 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

 A. 7610                             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.
   §  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:
   §  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.
   §  6.  This act shall take effect immediately; and section two of this
 act shall apply to assessment rolls 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.