NY State Senate Bill 2017-S1711

Senate Bill S1711

2017-2018 Legislative Session

Relates to benefits for certain active or retired members of the New York state organized militia

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Archive: Last Bill Status - In Senate Committee Veterans, Homeland Security And Military Affairs 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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2018	referred to veterans, homeland security and military affairs
Jan 10, 2017	referred to veterans, homeland security and military affairs

co-Sponsors

2017-S1711 (ACTIVE) - Details

See Assembly Version of this Bill:: A7610
Current Committee:: Senate Veterans, Homeland Security And Military Affairs
Law Section:: Military Law
Laws Affected:: Amd §210, Mil L; add §458-c, RPT L; add §669-c, Ed L; amd §§13.18 & 13.20, Pks & Rec L
Versions Introduced in Other Legislative Sessions:: 2013-2014: S7682, A9899
2015-2016: S2183, A4009

2017-S1711 (ACTIVE) - Summary

Enhances benefits for certain active or retired members of the New York state organized militia; enhances military pay, creates a property tax exemption, tuition award, and grants free vehicular access to any state park and recreational facility which charges fees for vehicular access.

2017-S1711 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S1711

 TITLE OF BILL :  An act to amend the military law, the real property
tax law, the education 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

 PURPOSE OF THE BILL :

This legislation provides the following benefit programs: NY National
Guard Scholarship Program - Propose new Tuition Assistance Program
similar to the Persian Gulf scholarship program to cover currently
serving and retired members of the NY Army and Air

National Guard who supported combat operations in Iraq and Afghanistan
from 9/11/2001 to the present. Run under auspices of HESC it would
allow for a state grant of $1,000 per semester to the Guard service
person when enrolled at a SUNY or CUNY institution and serve as a "Top
Off" retention incentive to the service member's GI Bill.

State Active Duty Pay - New York Military Law would be amended to
raise the minimum daily pay for service members performing under
Military Law in an emergency situation on state active duty from $125
to $150. This provision affects mostly junior enlisted members in the
grade of E-1 through E-4.

Free Empire Passports to New York State Parks - Free Empire Passports
may be issued to all active (e.g. drilling) New York resident members
of the state organized militias and New York State Defense Forces (NY
Army National Guard, NY Air National Guard, NY Guard, and NY Naval
Militia only).

Tax Relief for Guard Military Service - Similar to proposed Tax Relief
for Active Military Service Act proposed by NY AG. Would be specific
to members of the NY State Defense Forces only and would apply to all
those in an active (e.g. drilling, mobilized, etc) or retired ARNG and
ANG status.

 SUMMARY OF SPECIFIC PROVISIONS :

This bill amends section 210 of the Military Law as follows:

Section 2: Amends S 458-c of the Real Property Tax Law and calls for
an 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 Nation
Guard.

(b) "Qualifying residential real property" means real property at
least fifty percent 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
residential 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 primary 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
ordinance 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 me made annually upon a form to be
promulgated 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 assessor of such municipality which has the power to
assess the property for taxation on or before the appropriate taxable
status date of such municipality. 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.

The education law is amended by adding a new section S 669-c to read
as follows:

§ 669-c Tuition awards program for certain New York army and air
National Guard members. Any current of 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
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.

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:

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.

 JUSTIFICATION :

All provisions of this legislation are debts of gratitude to those who
have volunteered to serve in the ranks of our state militia. There's a
phrase each of us frequently uses when we are appreciative, 'thanks
for everything.' When it comes to our guard forces and our reservists,
that's not a slogan, that's reality. They really have given us the
ability to retain for us everything that we as Americans and New
Yorkers hold dear. All of our freedoms and liberties and relative
safety are due to the service and sacrifices of these brave men and
women.

This law will extend benefits to our state's first responders, and in
turn, serve as an incentive to boost enlistment and strengthen our
state's forces.

 PRIOR LEGISLATIVE HISTORY :

2014: S.7682; Referred to Veterans, Homeland Security and Military
Affairs
2014: S.2183; Referred to Veterans, Homeland Security and Military
Affairs
2016: S.2183; Reported and Committed to Finance
 FISCAL IMPLICATIONS :

Minimal

 EFFECTIVE DATE :
This act shall take effect immediately.

2017-S1711 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1711
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 10, 2017
                                ___________
 
 Introduced  by  Sens. TEDISCO, ADDABBO, LARKIN -- read twice and ordered
   printed, and when printed to be committed to the Committee  on  Veter-
   ans, Homeland Security and Military Affairs
 
 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

 S. 1711                             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

 S. 1711                             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.

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Senate Bill S1711

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Sponsored By

James Tedisco

Archive: Last Bill Status - In Senate Committee Veterans, Homeland Security And Military Affairs Committee

co-Sponsors

Joseph P. Addabbo Jr.

Simcha Felder

William Larkin

Robert G. Ortt

2017-S1711 (ACTIVE) - Details

2017-S1711 (ACTIVE) - Summary

2017-S1711 (ACTIVE) - Sponsor Memo

2017-S1711 (ACTIVE) - Bill Text download pdf

Comments