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.