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A06835 Summary:

A06835 Actions:

A06835 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
 submitted in accordance with Assembly Rule III, Sec 1(f)



 
BILL NUMBER: A6835
 
SPONSOR: Hunter

 
TITLE OF BILL:  An act to amend the business corporations law and the
not-for-profit corporation law, in relation to exempting veterans from
the payment of certain fees relating to corporations
 
 
PURPOSE OR GENERAL IDEA OF BILL:
 
This legislation would exempt veterans from paying certain filing fees
relating to the incorporation of a business.
 
 
SUMMARY OF SPECIFIC PROVISIONS:
 
Section 1 of the bill adds a new section 104-B to the business corpo-
ration law to exempt veterans from certain fees outlined in section
104-A of the business corporation law within five years of being honor-
ably discharged or released under honorable circumstances, and includes
the definition of the word "veteran" as used in the new section.
 
Section 2 of the bill adds a new section 104-B to the not-for-profit
corporation law to exempt veterans from certain fees outlined in section
104A of the not-for-profit corporation law within five years of being
honorably discharged or released under honorable circumstances, and
includes the definition of the word "veteran" as used in the new
section.
 
Section 3 of the bill provides that this act shall take effect imme-
diately.
 
 
JUSTIFICATION:
 
Veterans of our nation's armed services provide an extraordinary service
to our country by devoting their time, effort, and talents to protecting
us from harm. We owe it to them to make sure that when their service is
up, they are easily able to reintegrate into society and are given every
opportunity to succeed, provide for themselves and their families, and
contribute to New York's vibrant business community.
 
This legislation would waive business incorporation fees for veterans
within five years of being honorably discharged or released under honor-
able circumstances, so that they will face fewer administrative and
financial barriers to starting and growing their own businesses when
their military service is finished. It would send a strong message that
New York State supports those individuals who have made an extraordinary
sacrifice for their state and country, and encourage the growth of small
businesses in our state.
 
 
PRIOR LEGISLATIVE HISTORY:
 
S.5529-A of 2015-2016 (Hoylman): Died in Corporations, Authorities, &
Commissions
 
 
FISCAL IMPLICATIONS:
 
Minimal.
 
 
EFFECTIVE DATE:
This act shall take effect immediately.

A06835 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          6835
 
                               2017-2018 Regular Sessions
 
                   IN ASSEMBLY
 
                                     March 21, 2017
                                       ___________
 
        Introduced by M. of A. HUNTER -- read once and referred to the Committee
          on Corporations, Authorities and Commissions
 
        AN  ACT  to  amend  the business corporations 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" means a  member  of  the  armed
     5  forces  of  the United States who served therein in time of war, who was
     6  honorably discharged or released under honorable circumstances from such
     7  service, who is a citizen of the United  States  or  an  alien  lawfully
     8  admitted for permanent residence in the United States and who is a resi-
     9  dent  of  the  state  of  New  York at the time of undertaking an action
    10  subject to a fee pursuant to section one hundred four-A of this article.
    11    (b) Notwithstanding any other provision of law, no  veteran  shall  be
    12  required  to  pay  the  fees  otherwise  required by section one hundred
    13  four-A of this article within five years of being  honorably  discharged
    14  or released under honorable circumstances from military service.
    15    (c)  Status  as  an eligible veteran pursuant to this section shall be
    16  documented pursuant to rules and regulations promulgated by the  commis-
    17  sioner of the department of state.
    18    §  2.  The  not-for-profit  corporation law is amended by adding a new
    19  section 104-B to read as follows:
    20  § 104-B. Veteran exemption from fees.
    21    (a) As used in this section, "veteran" means a  member  of  the  armed
    22  forces  of  the United States who served therein in time of war, who was
    23  honorably discharged or released under honorable circumstances from such
    24  service, who is a citizen of the United  States  or  an  alien  lawfully
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05567-01-7
        A. 6835                             2
 
     1  admitted for permanent residence in the United States and who is a resi-
     2  dent  of  the  state  of  New  York at the time of undertaking an action
     3  subject to a fee pursuant to section one hundred four-A of this article.
     4    (b)  Notwithstanding  any  other provision of law, no veteran shall be
     5  required to pay the fees  otherwise  required  by  section  one  hundred
     6  four-A  of  this article within five years of being honorably discharged
     7  or released under honorable circumstances from military service.
     8    (c) Status as an eligible veteran pursuant to this  section  shall  be
     9  documented  pursuant to rules and regulations promulgated by the commis-
    10  sioner of the department of state.
    11    § 3. This act shall take effect immediately.