Bill Text: NY S01711 | 2017-2018 | 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: Bipartisan Bill

Status: (Introduced - Dead) 2018-01-03 - REFERRED TO VETERANS, HOMELAND SECURITY AND MILITARY AFFAIRS [S01711 Detail]

Download: New_York-2017-S01711-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          1711
                               2017-2018 Regular Sessions
                    IN SENATE
                                    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:
     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    § 2. The real property tax law is amended  by  adding  a  new  section
    12  458-c to read as follows:
    13    §  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
    21  exclusively for residential purposes;  provided  however,  that  in  the
    22  event  any portion of such property is not so used exclusively for resi-
    23  dential purposes but is used for other purposes, such portion  shall  be
    24  subject  to taxation and the remaining portion only shall be entitled to
    25  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
     1  ry residence of the qualified  owner,  unless  the  qualified  owner  is
     2  absent from the property due to medical reasons or institutionalization.
     3    2.  Each  county, city, town or village may adopt a local law or ordi-
     4  nance providing that qualifying residential real property be exempt from
     5  real property taxes, in an amount equal to ten percent of  the  assessed
     6  value  of  such property. Such exemption shall not be in addition to any
     7  other organized militia exemption or abatement of  taxes  authorized  by
     8  law.
     9    3.  Such  exemption from taxation shall be granted upon an application
    10  which shall include a statement that a qualified owner  resides  at  the
    11  property.  Application  shall be made annually upon a form to be promul-
    12  gated by the commissioner and shall include a statement of service  from
    13  the unit in which the qualified owner serves or served or other adequate
    14  proof  of New York state organized militia service.  The application and
    15  statement of service shall be filed by the qualified owner to the asses-
    16  sor of such municipality which has the power to assess the property  for
    17  taxation  on or before the appropriate taxable status date of such muni-
    18  cipality. If the assessor is satisfied that the  property  is  qualified
    19  for  an  exemption  pursuant  to  this  section,  then  such residential
    20  improvements shall be exempt from taxation as  provided  in  subdivision
    21  two of this section.
    22    §  3.  The  education  law is amended by adding a new section 669-c to
    23  read as follows:
    24    § 669-c. Tuition awards program for certain  New  York  army  and  air
    25  national  guard  members.  Any  current or former member of the New York
    26  army national guard or New York air  national  guard  who  served  in  a
    27  combat  operation in Iraq or Afghanistan any time after October seventh,
    28  two thousand one, provided such current or former member is  a  resident
    29  of  this  state, and provided further that such current or former member
    30  meets the eligibility requirements in subdivision three of  section  six
    31  hundred sixty-nine-a of this subpart on the date his or her application,
    32  submitted  pursuant  to section six hundred sixty-seven of this subpart,
    33  is received by the corporation, shall be eligible to receive a grant  of
    34  one  thousand  dollars  each semester while he or she is enrolled in any
    35  state university of New York or city university of New York school.
    36    § 4. Section 13.18 of the parks, recreation and historic  preservation
    37  law,  as added by chapter 443 of the laws of 2012, is amended to read as
    38  follows:
    39    § 13.18 Three-year vehicular access fee. 1. Notwithstanding any  other
    40  provision  of  law  to  the  contrary,  the office or other state agency
    41  having jurisdiction of a  state  park  or  recreational  facility  shall
    42  establish  a  three-year vehicular access fee which shall run from April
    43  first of the year of issuance to March thirty-first of  the  third  year
    44  following  such  issuance,  entitling  the  holder thereof to a pass for
    45  vehicular admission without additional fee to any state park and  recre-
    46  ational  facility  which has a vehicular access fee. Such three-year fee
    47  shall be consistent  with  the  fee  schedule  established  pursuant  to
    48  section  13.15  of this article and shall be approved by the director of
    49  the budget.
    50    2. The pass for vehicular access shall be  known  as  the  "Three-Year
    51  Empire Passport". The pass shall be available at regional park headquar-
    52  ters  and  such  other  places as the office or other state agency shall
    53  designate. Such pass, having an emblem of the bluebird thereon, shall be
    54  available in a form prescribed by the office.
    55    3. Such pass for vehicular access shall not be available to the  owner
    56  or operator of an omnibus operated for a commercial purpose, unless such

        S. 1711                             3
     1  omnibus  is  operated  by  or  pursuant to an agreement with a public or
     2  private nonprofit agency for the purpose of transporting persons  to  or
     3  from state parks for a recreational experience.
     4    4.  If  demonstrated  that the use of the pass for vehicular access in
     5  particular parks or recreational facilities is contrary  to  the  public
     6  interest,  the office or such other state agency having jurisdiction may
     7  prohibit its use in such particular parks or recreational facilities  by
     8  rule or regulation.
     9    5.  Such  pass  shall  be issued free of charge to all active New York
    10  state resident members of the state  organized  militias  and  New  York
    11  state  defense  forces,  specifically, the New York army national guard,
    12  the New York air national guard, the New York guard  and  the  New  York
    13  naval militia.
    14    6.  The  office  or  other state agency having jurisdiction of a state
    15  park or recreational facility shall  promulgate  such  rules  and  regu-
    16  lations as may be necessary to carry out the provisions of this section.
    17    §  5. Section 13.20 of the parks, recreation and historic preservation
    18  law, as added by chapter 443 of the laws of 2012, is amended to read  as
    19  follows:
    20    §  13.20  Five-year vehicular access fee. 1. Notwithstanding any other
    21  provision of law to the contrary,  the  office  or  other  state  agency
    22  having  jurisdiction  of  a  state  park  or recreational facility shall
    23  establish a five-year access fee which shall run from April first of the
    24  year of issuance to March thirty-first of the fifth year following  such
    25  issuance, entitling the holder thereof to a pass for vehicular admission
    26  without additional fee to any state park and recreational facility which
    27  has  an  access fee. Such five-year fee shall be consistent with the fee
    28  schedule established pursuant to section 13.15 of this article and shall
    29  be approved by the director of the budget.
    30    2. The pass for vehicular access shall  be  known  as  the  "Five-Year
    31  Empire Passport". The pass shall be available at regional park headquar-
    32  ters  and  such  other  places  as the office or such other state agency
    33  shall designate. Such pass, having an emblem of the brook trout thereon,
    34  shall be available in a form prescribed by the office.
    35    3. Such pass for vehicular access shall not be available to the  owner
    36  or operator of an omnibus operated for a commercial purpose, unless such
    37  omnibus  is  operated  by  or  pursuant to an agreement with a public or
    38  private nonprofit agency for the purpose of transporting persons  to  or
    39  from state parks for a recreational experience.
    40    4.  If  demonstrated  that the use of the pass for vehicular access in
    41  particular parks or recreational facilities is contrary  to  the  public
    42  interest,  the office or such other state agency having jurisdiction may
    43  prohibit its use in such particular parks or recreational facilities  by
    44  rule or regulation.
    45    5.  Such  pass  shall  be issued free of charge to all active New York
    46  state resident members of the state  organized  militias  and  New  York
    47  state  defense  forces,  specifically, the New York army national guard,
    48  the New York air national guard, the New York guard  and  the  New  York
    49  naval militia.
    50    6.  The  office  or  other state agency having jurisdiction of a state
    51  park or recreational facility shall  promulgate  such  rules  and  regu-
    52  lations as may be necessary to carry out the provisions of this section.
    53    §  6.  This act shall take effect immediately; and section two of this
    54  act shall apply to assessment rolls prepared on  the  basis  of  taxable
    55  status  dates occurring on or after the first of January next succeeding
    56  the date on which this act shall have become a law.
feedback