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A03381 Summary:

BILL NOA03381A
 
SAME ASSAME AS S07461
 
SPONSORWoerner
 
COSPNSRMcMahon, Thiele, Rosenthal D, Simpson, Mikulin, Durso, Colton, Sillitti, Sayegh, McDonald, Simon, Otis, Raga, Pheffer Amato
 
MLTSPNSR
 
Amd 458-a, RPT L
 
Clarifies the definition of veteran to include career members of the armed forces for purposes of the veterans alternative tax exemption by considering individuals who meet certain conditions to have been discharged or released from active military service of the United States despite the fact that no discharge may have been issued.
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A03381 Actions:

BILL NOA03381A
 
02/02/2023referred to real property taxation
05/18/2023amend and recommit to real property taxation
05/18/2023print number 3381a
05/23/2023reported referred to ways and means
06/01/2023reported referred to rules
06/05/2023reported
06/05/2023rules report cal.495
06/05/2023ordered to third reading rules cal.495
06/05/2023passed assembly
06/05/2023delivered to senate
06/05/2023REFERRED TO RULES
06/07/2023SUBSTITUTED FOR S7461
06/07/20233RD READING CAL.1552
06/07/2023PASSED SENATE
06/07/2023RETURNED TO ASSEMBLY
11/09/2023delivered to governor
11/10/2023signed chap.611
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A03381 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A3381A
 
SPONSOR: Woerner
  TITLE OF BILL: An act to amend the real property tax law, in relation to clarifying the definition of veteran to include career members of the armed forces for purposes of the veterans alternative tax exemption   PURPOSE: To clarify the definition of veteran to include career members of the armed forces for purposes of the veterans alternative tax exemption   SUMMARY OF PROVISIONS: Section 1: amends Paragraph (e) of subdivision 1 of section 458-a of the real property tax law to clarify the definition of a veteran to ensure that career members of our military be eligible for the veterans alter- native tax exemptions Section 2: establishes the effective date   JUSTIFICATION: When the portion of the New York State RPTL establishing a veterans alternative tax exemption was written, if a member of the military completed a tour of duty, and then re-enlisted for another tour, they received a "DD214 form." The state requires this document to show that a person is in fact a military veteran, eligible for the tax exemption. The military no longer issues a DD214 form to members of the military who complete a tour of duty and then re-enlist for another tour.Because this document is no longer provided, career members of the military are unable to claim the exemption, making them less likely to purchase homes in New York State. This bill updates the law to reflect current prac- tices in the military, to create an incentive to keep career members of the military in New York State.   PRIOR LEGISLATIVE HISTORY: A.6055A of 2022: Passed Assembly S.4365A of 2022: Referred to Veterans, Homeland Security and Military Affairs   FISCAL IMPLICATIONS: None to the State.   EFFECTIVE DATE: This act shall take effect immediately.
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A03381 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         3381--A
 
                               2023-2024 Regular Sessions
 
                   IN ASSEMBLY
 
                                    February 2, 2023
                                       ___________
 
        Introduced  by M. of A. WOERNER, McMAHON, THIELE, D. ROSENTHAL, SIMPSON,
          MIKULIN, DURSO, COLTON, SILLITTI, SAYEGH, McDONALD, SIMON -- read once
          and referred to the Committee on Real Property Taxation  --  committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to said committee

        AN ACT to amend the real property tax law, in relation to clarifying the
          definition  of  veteran  to include career members of the armed forces
          for purposes of the veterans alternative tax exemption
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section 1. Paragraph (e) of subdivision 1 of section 458-a of the real
     2  property  tax  law, as amended by section 83 of part PP of chapter 56 of
     3  the laws of 2022, is amended to read as follows:
     4    (e) "Veteran" means a person (i) who served in  the  active  military,
     5  naval,  or air service during a period of war, or who was a recipient of
     6  the armed forces expeditionary medal, navy expeditionary  medal,  marine
     7  corps  expeditionary  medal,  or  global  war on terrorism expeditionary
     8  medal, and who (1) was discharged or released therefrom under  honorable
     9  conditions, or (2) has a qualifying condition, as defined in section one
    10  of  the  veterans' services law, and has received a discharge other than
    11  bad conduct or dishonorable from such service, or (3)  is  a  discharged
    12  LGBT  veteran,  as defined in section one of the veterans' services law,
    13  and has received a discharge other than bad conduct or dishonorable from
    14  such service, (ii) who was employed by the War  Shipping  Administration
    15  or Office of Defense Transportation or their agents as a merchant seaman
    16  documented  by  the United States Coast Guard or Department of Commerce,
    17  or as a civil servant employed  by  the  United  States  Army  Transport
    18  Service  (later  redesignated  as  the United States Army Transportation
    19  Corps, Water Division) or the  Naval  Transportation  Service;  and  who
    20  served  satisfactorily  as  a  crew  member  during  the period of armed
    21  conflict,  December  seventh,  nineteen  hundred  forty-one,  to  August
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06348-02-3

        A. 3381--A                          2
 
     1  fifteenth,  nineteen  hundred  forty-five,  aboard  merchant  vessels in
     2  oceangoing, i.e., foreign, intercoastal, or coastwise  service  as  such
     3  terms  are defined under federal law (46 USCA 10301 & 10501) and further
     4  to  include "near foreign" voyages between the United States and Canada,
     5  Mexico, or the West Indies via ocean routes, or public vessels in ocean-
     6  going service or foreign waters and who has received  a  Certificate  of
     7  Release or Discharge from Active Duty and a discharge certificate, or an
     8  Honorable Service Certificate/Report of Casualty, from the department of
     9  defense,  (iii)  who  served as a United States civilian employed by the
    10  American Field Service and served overseas under  United  States  Armies
    11  and United States Army Groups in world war II during the period of armed
    12  conflict,  December  seventh,  nineteen  hundred  forty-one  through May
    13  eighth, nineteen hundred forty-five,  and  who  (1)  was  discharged  or
    14  released  therefrom  under honorable conditions, or (2) has a qualifying
    15  condition, as defined in section one of the veterans' services law,  and
    16  has  received  a  discharge  other than bad conduct or dishonorable from
    17  such service, or (3) is a discharged LGBT veteran, as defined in section
    18  one of the veterans' services law, and has received  a  discharge  other
    19  than bad conduct or dishonorable from such service, (iv) who served as a
    20  United  States civilian Flight Crew and Aviation Ground Support Employee
    21  of Pan American World Airways or one of its subsidiaries or  its  affil-
    22  iates  and  served  overseas as a result of Pan American's contract with
    23  Air Transport Command or Naval Air Transport Service during  the  period
    24  of  armed  conflict,  December  fourteenth,  nineteen  hundred forty-one
    25  through August fourteenth, nineteen hundred forty-five, and who (1)  was
    26  discharged  or released therefrom under honorable conditions, or (2) has
    27  a qualifying condition, as defined  in  section  one  of  the  veterans'
    28  services  law,  and  has  received a discharge other than bad conduct or
    29  dishonorable from such service, or (3) is a discharged LGBT veteran,  as
    30  defined in section one of the veterans' services law, and has received a
    31  discharge other than bad conduct or dishonorable from such service, [or]
    32  (v)  notwithstanding any other provision of law to the contrary, who are
    33  members of the reserve components of the  armed  forces  of  the  United
    34  States  who  (1)  received  an  honorable discharge or release therefrom
    35  under honorable conditions,  or  (2)  has  a  qualifying  condition,  as
    36  defined in section one of the veterans' services law, and has received a
    37  discharge  other  than bad conduct or dishonorable from such service, or
    38  (3) is a discharged LGBT veteran, as  defined  in  section  one  of  the
    39  veterans'  services  law,  and  has  received a discharge other than bad
    40  conduct or dishonorable from such service, but are still members of  the
    41  reserve  components  of  the  armed forces of the United States provided
    42  that such members meet all other qualifications under the provisions  of
    43  this section, or (vi) who shall be considered to have been discharged or
    44  released  from active military service of the United States under honor-
    45  able conditions if: (1) the individual served  in  the  active  military
    46  service  of the United States for the period of time such individual was
    47  obligated  to serve  at  the time of  entry  into service; (2) the indi-
    48  vidual was not discharged or released from such service at the  time  of
    49  completing  such  period  of obligation due to an intervening enlistment
    50  or reenlistment; (3) the individual would   have   been eligible  for  a
    51  discharge  or  release  under conditions other than dishonorable at such
    52  time except for such intervening enlistment or reenlistment; and (4) the
    53  individual served in the active military service of  the  United  States
    54  for  a period of at least ten years, provided that such individual meets
    55  all other qualifications under the provisions of this section.
    56    § 2. This act shall take effect immediately.
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