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A00296 Summary:

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A00296 Floor Votes:

A00296 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                           296
 
                               2009-2010 Regular Sessions
 
                   IN ASSEMBLY
 
                                       (Prefiled)
 
                                     January 7, 2009
                                       ___________
 
        Introduced  by  M.  of  A.  MAGNARELLI  -- read once and referred to the
          Committee on Governmental Operations
 
        AN ACT to amend the military law, in relation to filing fees waiver
 
          The People of the State of New York, represented in Senate and  Assem-

        bly, do enact as follows:
 
     1    Section  1. Section 323-b of the military law, as added by chapter 600
     2  of the laws of 2008, is amended to read as follows:
     3    § 323-b. Filing fees waiver; civil actions. In  any  civil  action  or
     4  proceeding commenced in any court by a person who is an active member of
     5  the  force  of  the organized militia, as defined by subdivision nine of
     6  section one of this chapter, where the dispute or controversy is related
     7  to such person's service in [active duty, including service with the New
     8  York army national guard, the New York air national guard, the New  York
     9  naval  militia,  the  New  York  guard, or any reserve components of the
    10  active armed forces of the United States] the organized militia  or  the

    11  reserves,  and the claims are based in whole or in part on this chapter,
    12  or on the human rights law relating to military status, or on  title  38
    13  or  title  50  of the United States code, all court costs or filing fees
    14  for the commencement of the civil action or proceeding shall be waived.
    15    § 2. This act shall take effect immediately and  shall  be  deemed  to
    16  have been in full force and effect on and after September 25, 2008.
 
 
 
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01154-01-9