Bill Text: NY S03306 | 2023-2024 | General Assembly | Introduced


Bill Title: Exempts veterans from the payment of certain fees relating to corporations.

Spectrum: Moderate Partisan Bill (Republican 6-1)

Status: (Engrossed) 2024-01-03 - REFERRED TO VETERANS, HOMELAND SECURITY AND MILITARY AFFAIRS [S03306 Detail]

Download: New_York-2023-S03306-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                          3306

                               2023-2024 Regular Sessions

                    IN SENATE

                                    January 30, 2023
                                       ___________

        Introduced by Sens. HOYLMAN-SIGAL, GALLIVAN, MATTERA, STEC -- read twice
          and ordered printed, and when printed to be committed to the Committee
          on Veterans, Homeland Security and Military Affairs

        AN  ACT  to  amend  the  business corporation law and the not-for-profit
          corporation law, in relation to exempting veterans from the payment of
          certain fees relating to corporations

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.  The  business  corporation law is amended by adding a new
     2  section 104-B to read as follows:
     3  § 104-B. Veteran exemption from fees.
     4    (a) As used in this section, "veteran" shall mean a person who  served
     5  in  the United States army, navy, air force, marines, coast guard and/or
     6  reserves thereof, and/or in the army national guard, air national guard,
     7  New York guard, and/or New York naval militia and who (1)  has  received
     8  an honorable or general discharge from such service, or (2) has a quali-
     9  fying  condition,  as  defined  in section one of the veterans' services
    10  law, and has received a discharge other than bad conduct or dishonorable
    11  from such service, or (3) is a discharged LGBT veteran,  as  defined  in
    12  section  one of the veterans' services law, and has received a discharge
    13  other than bad conduct or  dishonorable  from  such  service;  and  such
    14  person is a resident of the state of New York at the time undertaking an
    15  action  subject  to a fee pursuant to section one hundred four-A of this
    16  article.
    17    (b) Notwithstanding any other provision of law, no  veteran  shall  be
    18  required  to  pay  the  fees  otherwise  required by section one hundred
    19  four-A of this article within five years of (1) receiving  an  honorable
    20  or  general  discharge from military service, or (2) receiving confirma-
    21  tion from the department of veterans' services of  a  qualifying  condi-
    22  tion,  or  (3)  receiving  confirmation from the department of veterans'
    23  services of their status as a discharged LGBT veteran.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03365-01-3

        S. 3306                             2

     1    (c) Status as an eligible veteran pursuant to this  section  shall  be
     2  documented  pursuant to rules and regulations promulgated by the commis-
     3  sioner of the department of state.
     4    §  2.  The  not-for-profit  corporation law is amended by adding a new
     5  section 104-B to read as follows:
     6  § 104-B. Veteran exemption from fees.
     7    (a) As used in this section, "veteran" shall mean a person who  served
     8  in  the United States army, navy, air force, marines, coast guard and/or
     9  reserves thereof, and/or in the army national guard, air national guard,
    10  New York guard, and/or New York naval militia and who (1)  has  received
    11  an honorable or general discharge from such service, or (2) has a quali-
    12  fying  condition,  as  defined  in section one of the veterans' services
    13  law, and has received a discharge other than bad conduct or dishonorable
    14  from such service, or (3) is a discharged LGBT veteran,  as  defined  in
    15  section  one of the veterans' services law, and has received a discharge
    16  other than bad conduct or  dishonorable  from  such  service;  and  such
    17  person is a resident of the state of New York at the time undertaking an
    18  action  subject  to a fee pursuant to section one hundred four-A of this
    19  article.
    20    (b) Notwithstanding any other provision of law, no  veteran  shall  be
    21  required  to  pay  the  fees  otherwise  required by section one hundred
    22  four-A of this article within five years of (1) receiving  an  honorable
    23  or  general  discharge from military service, or (2) receiving confirma-
    24  tion from the department of veterans' services of  a  qualifying  condi-
    25  tion,  or  (3)  receiving  confirmation from the department of veterans'
    26  services of their status as a discharged LGBT veteran.
    27    (c) Status as an eligible veteran pursuant to this  section  shall  be
    28  documented  pursuant to rules and regulations promulgated by the commis-
    29  sioner of the department of state.
    30    § 3. This act shall take effect on the one hundred eightieth day after
    31  it shall have become a law; provided however, if section 2 of part PP of
    32  chapter 56 of the laws of 2022 shall not have taken effect on or  before
    33  such date then sections one and two of this act shall take effect on the
    34  same  date  and  in  the same manner as such chapter of the laws of 2022
    35  takes effect.
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