Bill Text: NY A04009 | 2015-2016 | General Assembly | Introduced
Bill Title: 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.
Spectrum: Strong Partisan Bill (Republican 17-1)
Status: (Introduced - Dead) 2016-05-23 - held for consideration in governmental operations [A04009 Detail]
Download: New_York-2015-A04009-Introduced.html
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: 1 Section 1. Subdivision 1 of section 210 of the military law, as 2 amended by chapter 418 of the laws of 2004, is amended to read as 3 follows: 4 1. Each member of the militia ordered into the active service of the 5 state pursuant to sections six and seven of this chapter, shall receive 6 for each day or part thereof of such duty the same pay and allowances as 7 are received by members of the appropriate force of the armed forces of 8 the United States of corresponding grade, rating and length of service, 9 or one hundred [twenty-five] FIFTY dollars per day, whichever is great- 10 er. 11 S 2. The real property tax law is amended by adding a new section 12 458-c to read as follows: 13 S 458-C. EXEMPTION FOR PROPERTY OWNED BY ACTIVE DUTY AND RETIRED 14 MEMBERS OF THE NEW YORK STATE ORGANIZED MILITIA. 1. AS USED IN THIS 15 SECTION: 16 (A) "QUALIFIED OWNER" MEANS AN ACTIVE DUTY OR RETIRED MEMBER OF THE 17 NEW YORK STATE ARMY NATIONAL GUARD OR THE NEW YORK STATE AIR NATIONAL 18 GUARD. 19 (B) "QUALIFYING RESIDENTIAL REAL PROPERTY" MEANS REAL PROPERTY AT 20 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 A. 4009 2 1 EXCLUSIVELY FOR RESIDENTIAL PURPOSES; PROVIDED HOWEVER, THAT IN THE 2 EVENT ANY PORTION OF SUCH PROPERTY IS NOT SO USED EXCLUSIVELY FOR RESI- 3 DENTIAL PURPOSES BUT IS USED FOR OTHER PURPOSES, SUCH PORTION SHALL BE 4 SUBJECT TO TAXATION AND THE REMAINING PORTION ONLY SHALL BE ENTITLED TO 5 THE EXEMPTION PROVIDED BY THIS SECTION. SUCH PROPERTY MUST BE THE PRIMA- 6 RY RESIDENCE OF THE QUALIFIED OWNER, UNLESS THE QUALIFIED OWNER IS 7 ABSENT FROM THE PROPERTY DUE TO MEDICAL REASONS OR INSTITUTIONALIZATION. 8 2. EACH COUNTY, CITY, TOWN OR VILLAGE MAY ADOPT A LOCAL LAW OR ORDI- 9 NANCE PROVIDING THAT QUALIFYING RESIDENTIAL REAL PROPERTY BE EXEMPT FROM 10 REAL PROPERTY TAXES, IN AN AMOUNT EQUAL TO TEN PERCENT OF THE ASSESSED 11 VALUE OF SUCH PROPERTY. SUCH EXEMPTION SHALL NOT BE IN ADDITION TO ANY 12 OTHER ORGANIZED MILITIA EXEMPTION OR ABATEMENT OF TAXES AUTHORIZED BY 13 LAW. 14 3. SUCH EXEMPTION FROM TAXATION SHALL BE GRANTED UPON AN APPLICATION 15 WHICH SHALL INCLUDE A STATEMENT THAT A QUALIFIED OWNER RESIDES AT THE 16 PROPERTY. APPLICATION SHALL BE MADE ANNUALLY UPON A FORM TO BE PROMUL- 17 GATED BY THE COMMISSIONER AND SHALL INCLUDE A STATEMENT OF SERVICE FROM 18 THE UNIT IN WHICH THE QUALIFIED OWNER SERVES OR SERVED OR OTHER ADEQUATE 19 PROOF OF NEW YORK STATE ORGANIZED MILITIA SERVICE. THE APPLICATION AND 20 STATEMENT OF SERVICE SHALL BE FILED BY THE QUALIFIED OWNER TO THE ASSES- 21 SOR OF SUCH MUNICIPALITY WHICH HAS THE POWER TO ASSESS THE PROPERTY FOR 22 TAXATION ON OR BEFORE THE APPROPRIATE TAXABLE STATUS DATE OF SUCH MUNI- 23 CIPALITY. IF THE ASSESSOR IS SATISFIED THAT THE PROPERTY IS QUALIFIED 24 FOR AN EXEMPTION PURSUANT TO THIS SECTION, THEN SUCH RESIDENTIAL 25 IMPROVEMENTS SHALL BE EXEMPT FROM TAXATION AS PROVIDED IN SUBDIVISION 26 TWO OF THIS SECTION. 27 S 3. The education law is amended by adding a new section 669-c to 28 read as follows: 29 S 669-C. TUITION AWARDS PROGRAM FOR CERTAIN NEW YORK ARMY AND AIR 30 NATIONAL GUARD MEMBERS. ANY CURRENT OR FORMER MEMBER OF THE NEW YORK 31 ARMY NATIONAL GUARD OR NEW YORK AIR NATIONAL GUARD WHO SERVED IN A 32 COMBAT OPERATION IN IRAQ OR AFGHANISTAN ANY TIME AFTER OCTOBER SEVENTH, 33 TWO THOUSAND ONE, PROVIDED SUCH CURRENT OR FORMER MEMBER IS A RESIDENT 34 OF THIS STATE, AND PROVIDED FURTHER THAT SUCH CURRENT OR FORMER MEMBER 35 MEETS THE ELIGIBILITY REQUIREMENTS IN SUBDIVISION THREE OF SECTION SIX 36 HUNDRED SIXTY-NINE-A OF THIS SUBPART ON THE DATE HIS OR HER APPLICATION, 37 SUBMITTED PURSUANT TO SECTION SIX HUNDRED SIXTY-SEVEN OF THIS SUBPART, 38 IS RECEIVED BY THE CORPORATION, SHALL BE ELIGIBLE TO RECEIVE A GRANT OF 39 ONE THOUSAND DOLLARS EACH SEMESTER WHILE HE OR SHE IS ENROLLED IN ANY 40 STATE UNIVERSITY OF NEW YORK OR CITY UNIVERSITY OF NEW YORK SCHOOL. 41 S 4. Section 13.18 of the parks, recreation and historic preservation 42 law, as added by chapter 443 of the laws of 2012, is amended to read as 43 follows: 44 S 13.18 Three-year vehicular access fee. 1. Notwithstanding any other 45 provision of law to the contrary, the office or other state agency 46 having jurisdiction of a state park or recreational facility shall 47 establish a three-year vehicular access fee which shall run from April 48 first of the year of issuance to March thirty-first of the third year 49 following such issuance, entitling the holder thereof to a pass for 50 vehicular admission without additional fee to any state park and recre- 51 ational facility which has a vehicular access fee. Such three-year fee 52 shall be consistent with the fee schedule established pursuant to 53 section 13.15 of this article and shall be approved by the director of 54 the budget. 55 2. The pass for vehicular access shall be known as the "Three-Year 56 Empire Passport". The pass shall be available at regional park headquar- A. 4009 3 1 ters and such other places as the office or other state agency shall 2 designate. Such pass, having an emblem of the bluebird thereon, shall be 3 available in a form prescribed by the office. 4 3. Such pass for vehicular access shall not be available to the owner 5 or operator of an omnibus operated for a commercial purpose, unless such 6 omnibus is operated by or pursuant to an agreement with a public or 7 private nonprofit agency for the purpose of transporting persons to or 8 from state parks for a recreational experience. 9 4. If demonstrated that the use of the pass for vehicular access in 10 particular parks or recreational facilities is contrary to the public 11 interest, the office or such other state agency having jurisdiction may 12 prohibit its use in such particular parks or recreational facilities by 13 rule or regulation. 14 5. SUCH PASS SHALL BE ISSUED FREE OF CHARGE TO ALL ACTIVE NEW YORK 15 STATE RESIDENT MEMBERS OF THE STATE ORGANIZED MILITIAS AND NEW YORK 16 STATE DEFENSE FORCES, SPECIFICALLY, THE NEW YORK ARMY NATIONAL GUARD, 17 THE NEW YORK AIR NATIONAL GUARD, THE NEW YORK GUARD AND THE NEW YORK 18 NAVAL MILITIA. 19 6. The office or other state agency having jurisdiction of a state 20 park or recreational facility shall promulgate such rules and regu- 21 lations as may be necessary to carry out the provisions of this section. 22 S 5. Section 13.20 of the parks, recreation and historic preservation 23 law, as added by chapter 443 of the laws of 2012, is amended to read as 24 follows: 25 S 13.20 Five-year vehicular access fee. 1. Notwithstanding any other 26 provision of law to the contrary, the office or other state agency 27 having jurisdiction of a state park or recreational facility shall 28 establish a five-year access fee which shall run from April first of the 29 year of issuance to March thirty-first of the fifth year following such 30 issuance, entitling the holder thereof to a pass for vehicular admission 31 without additional fee to any state park and recreational facility which 32 has an access fee. Such five-year fee shall be consistent with the fee 33 schedule established pursuant to section 13.15 of this article and shall 34 be approved by the director of the budget. 35 2. The pass for vehicular access shall be known as the "Five-Year 36 Empire Passport". The pass shall be available at regional park headquar- 37 ters and such other places as the office or such other state agency 38 shall designate. Such pass, having an emblem of the brook trout thereon, 39 shall be available in a form prescribed by the office. 40 3. Such pass for vehicular access shall not be available to the owner 41 or operator of an omnibus operated for a commercial purpose, unless such 42 omnibus is operated by or pursuant to an agreement with a public or 43 private nonprofit agency for the purpose of transporting persons to or 44 from state parks for a recreational experience. 45 4. If demonstrated that the use of the pass for vehicular access in 46 particular parks or recreational facilities is contrary to the public 47 interest, the office or such other state agency having jurisdiction may 48 prohibit its use in such particular parks or recreational facilities by 49 rule or regulation. 50 5. SUCH PASS SHALL BE ISSUED FREE OF CHARGE TO ALL ACTIVE NEW YORK 51 STATE RESIDENT MEMBERS OF THE STATE ORGANIZED MILITIAS AND NEW YORK 52 STATE DEFENSE FORCES, SPECIFICALLY, THE NEW YORK ARMY NATIONAL GUARD, 53 THE NEW YORK AIR NATIONAL GUARD, THE NEW YORK GUARD AND THE NEW YORK 54 NAVAL MILITIA. A. 4009 4 1 6. The office or other state agency having jurisdiction of a state 2 park or recreational facility shall promulgate such rules and regu- 3 lations as may be necessary to carry out the provisions of this section. 4 S 6. This act shall take effect immediately; and section two of this 5 act shall apply to assessment roles prepared on the basis of taxable 6 status dates occurring on or after the first of January next succeeding 7 the date on which this act shall have become a law.