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

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

Section 2: Amends § 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 § 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-S7682-Referred to Veterans, Homeland Security and Military Affairs/A.9899-Referred to Governmental Operations

Fiscal implications

Minimal

Effective date

This act shall take effect immediately.