LBD06757-06-4
A. 8914 2
officers of any public benefit corporation or any public authority of
this state, or of any public benefit corporation or public authority of
any county or subdivision of this state, to give leave of absence with
pay for twenty-four hours on the day prescribed by law as a public holi-
day for the observance of Memorial day and on the eleventh day of Novem-
ber, known as Veterans' day, to every person in the service of the
state, the county, the town, the fire district, the city or village, the
public benefit corporation or public authority of this state, or any
public benefit corporation or public authority of any county or subdivi-
sion of this state, as the case may be, (i) who served on active duty in
the armed forces of the United States during world war I or world war
II, or who was employed by the War Shipping Administration or Office of
Defense Transportation or their agents as a merchant seaman documented
by the United States Coast Guard or Department of Commerce, or as a
civil servant employed by the United States Army Transport Service
(later redesignated as the United States Army Transportation Corps,
Water Division) or the Naval Transportation Service; and who served
satisfactorily as a crew member during the period of armed conflict,
December seventh, nineteen hundred forty-one, to August fifteenth, nine-
teen hundred forty-five, aboard merchant vessels in oceangoing, i.e.,
foreign, intercoastal, or coastwise service as such terms are defined
under federal law (46 USCA 10301 & 10501) and further to include "near
foreign" voyages between the United States and Canada, Mexico, or the
West Indies via ocean routes, or public vessels in oceangoing service or
foreign waters and who has received a Certificate of Release or
Discharge from Active Duty and a discharge certificate, or an Honorable
Service Certificate/Report of Casualty, from the Department of Defense,
or who served as a United States civilian employed by the American Field
Service and served overseas under United States Armies and United States
Army Groups in world war II during the period of armed conflict, Decem-
ber seventh, nineteen hundred forty-one through May eighth, nineteen
hundred forty-five, and who (a) was discharged or released therefrom
under honorable conditions, or (b) has a qualifying condition, as
defined in section one of the veterans' services law, and has received a
discharge other than bad conduct or dishonorable from such service, or
(c) is a discharged LGBT veteran, as defined in section one of the
veterans' services law, and has received a discharge other than bad
conduct or dishonorable from such service or who served as a United
States civilian Flight Crew and Aviation Ground Support Employee of Pan
American World Airways or one of its subsidiaries or its affiliates and
served overseas as a result of Pan American's contract with Air Trans-
port Command or Naval Air Transport Service during the period of armed
conflict, December fourteenth, nineteen hundred forty-one through August
fourteenth, nineteen hundred forty-five, and who (d) was discharged or
released therefrom under honorable conditions, or (e) has a qualifying
condition, as defined in section one of the veterans' services law, and
has received a discharge other than bad conduct or dishonorable from
such service, or (f) is a discharged LGBT veteran, as defined in section
one of the veterans' services law, and has received a discharge other
than bad conduct or dishonorable from such service or during the period
of the Korean conflict at any time between the dates of June twenty-sev-
enth, nineteen hundred fifty and January thirty-first, nineteen hundred
fifty-five, or during the period of the Vietnam conflict from the first
day of November, nineteen hundred fifty-five to the seventh day of May,
nineteen hundred seventy-five, or (ii) who served on active duty in the
armed forces of the United States and who was a recipient of the armed
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forces expeditionary medal, navy expeditionary medal or marine corps
expeditionary medal for participation in operations in Lebanon from June
first, nineteen hundred eighty-three to December first, nineteen hundred
eighty-seven, in Grenada from October twenty-third, nineteen hundred
eighty-three to November twenty-first, nineteen hundred eighty-three, or
in Panama from December twentieth, nineteen hundred eighty-nine to Janu-
ary thirty-first, nineteen hundred ninety, or (iii) who served in the
armed forces of a foreign country allied with the United States during
world war I or world war II, or during the period of the Korean conflict
at any time between June twenty-seventh, nineteen hundred fifty and
January thirty-first, nineteen hundred fifty-five, or during the period
of the Vietnam conflict from the first day of November, nineteen hundred
fifty-five to the seventh day of May, nineteen hundred seventy-five, or
during the period of the Persian Gulf conflict from the second day of
August, nineteen hundred ninety to the end of such conflict, or who
served on active duty in the army or navy or marine corps or air force
or coast guard of the United States, and who (a) was honorably
discharged or separated from such service under honorable conditions, or
(b) has a qualifying condition, as defined in section one of the veter-
ans' services law, and has received a discharge other than bad conduct
or dishonorable from such service, or (c) is a discharged LGBT veteran,
as defined in section one of the veterans' services law, and has
received a discharge other than bad conduct or dishonorable from such
service except where such action would endanger the public safety or the
safety or health of persons cared for by the state, in which event such
persons shall be entitled to leave of absence with pay on another day in
lieu thereof, OR (IV) WHO SERVED ON ACTIVE DUTY IN THE COMMISSIONED
CORPS OF THE NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION OR THE
UNITED STATES PUBLIC HEALTH SERVICE, AND WHO (A) WAS HONORABLY
DISCHARGED OR SEPARATED FROM SUCH SERVICE UNDER HONORABLE CONDITIONS, OR
(B) HAS A QUALIFYING CONDITION, AS DEFINED IN SECTION ONE OF THE VETER-
ANS' SERVICES LAW, AND HAS RECEIVED A DISCHARGE OTHER THAN BAD CONDUCT
OR DISHONORABLE FROM SUCH SERVICE, OR (C) IS A DISCHARGED LGBT VETERAN,
AS DEFINED IN SECTION ONE OF THE VETERANS' SERVICES LAW, AND HAS
RECEIVED A DISCHARGE OTHER THAN BAD CONDUCT OR DISHONORABLE FROM SUCH
SERVICE EXCEPT WHERE SUCH ACTION WOULD ENDANGER THE PUBLIC SAFETY OR THE
SAFETY OR HEALTH OF PERSONS CARED FOR BY THE STATE, IN WHICH EVENT SUCH
PERSONS SHALL BE ENTITLED TO LEAVE OF ABSENCE WITH PAY ON ANOTHER DAY IN
LIEU THEREOF. All such persons who are compensated on a per diem, hour-
ly, semi-monthly or monthly basis, with or without maintenance, shall
also be entitled to leave of absence with pay under the provisions of
this section and no deduction in vacation allowance or budgetary allow-
able number of working days shall be made in lieu thereof. A refusal to
give such leave of absence to one entitled thereto shall be neglect of
duty.
§ 3. Subdivision 4-a of section 458 of the real property tax law, as
amended by section 82 of part PP of chapter 56 of the laws of 2022, is
amended to read as follows:
4-a. For the purposes of this section, the term "military or naval
services" shall be deemed to also include service: (a) by a person who
was employed by the War Shipping Administration or Office of Defense
Transportation or their agents as a merchant seaman documented by the
United States Coast Guard or Department of Commerce, or as a civil serv-
ant employed by the United States Army Transport Service (later redesig-
nated as the United States Army Transportation Corps, Water Division) or
the Naval Transportation Service; and who served satisfactorily as a
A. 8914 4
crew member during the period of armed conflict, December seventh, nine-
teen hundred forty-one, to August fifteenth, nineteen hundred forty-
five, aboard merchant vessels in oceangoing, i.e., foreign, inter-
coastal, or coastwise service as such terms are defined under federal
law (46 USCA 10301 & 10501) and further to include "near foreign"
voyages between the United States and Canada, Mexico, or the West Indies
via ocean routes, or public vessels in oceangoing service or foreign
waters and who has received a Certificate of Release or Discharge from
Active Duty and a discharge certificate, or an Honorable Service
Certificate/Report of Casualty, from the department of defense; (b)
service by a United States civilian employed by the American Field
Service who served overseas under United States Armies and United States
Army Groups in world war II during the period of armed conflict, Decem-
ber seventh, nineteen hundred forty-one through May eighth, nineteen
hundred forty-five, and who (i) was discharged or released therefrom
under honorable conditions, or (ii) has a qualifying condition, as
defined in section one of the veterans' services law, and has received a
discharge other than bad conduct or dishonorable from such service, or
(iii) is a discharged LGBT veteran, as defined in section one of the
veterans' services law, and has received a discharge other than bad
conduct or dishonorable from such service; [or] (c) service by a United
States civilian Flight Crew and Aviation Ground Support Employee of Pan
American World Airways or one of its subsidiaries or its affiliates who
served overseas as a result of Pan American's contract with Air Trans-
port Command or Naval Air Transport Service during the period of armed
conflict, December fourteenth, nineteen hundred forty-one through August
fourteenth, nineteen hundred forty-five, and who (i) was discharged or
released therefrom under honorable conditions, or (ii) has a qualifying
condition, as defined in section one of the veterans' services law, and
has received a discharge other than bad conduct or dishonorable from
such service, or (iii) is a discharged LGBT veteran, as defined in
section one of the veterans' services law, and has received a discharge
other than bad conduct or dishonorable from such service; OR (D) SERVICE
BY A MEMBER OF THE COMMISSIONED CORPS OF THE NATIONAL OCEANIC AND ATMO-
SPHERIC ADMINISTRATION OR THE UNITED STATES PUBLIC HEALTH SERVICE AND
WHO (I) WAS DISCHARGED OR RELEASED THEREFROM UNDER HONORABLE CONDITIONS,
OR (II) HAS A QUALIFYING CONDITION, AS DEFINED IN SECTION ONE OF THE
VETERANS' SERVICES LAW, AND HAS RECEIVED A DISCHARGE OTHER THAN BAD
CONDUCT OR DISHONORABLE FROM SUCH SERVICE, OR (III) IS A DISCHARGED LGBT
VETERAN, AS DEFINED IN SECTION ONE OF THE VETERANS' SERVICES LAW, AND
HAS RECEIVED A DISCHARGE OTHER THAN BAD CONDUCT OR DISHONORABLE FROM
SUCH SERVICE.
§ 4. Paragraph (e) of subdivision 1 of section 458-a of the real
property tax law, as amended by chapter 611 of the laws of 2023, is
amended to read as follows:
(e) "Veteran" means a person (i) who served in the active military,
naval, or air service during a period of war, or who was a recipient of
the armed forces expeditionary medal, navy expeditionary medal, marine
corps expeditionary medal, or global war on terrorism expeditionary
medal, and who (1) was discharged or released therefrom under honorable
conditions, or (2) has a qualifying condition, as defined in section one
of the veterans' services law, and has received a discharge other than
bad conduct or dishonorable from such service, or (3) is a discharged
LGBT veteran, as defined in section one of the veterans' services law,
and has received a discharge other than bad conduct or dishonorable from
such service, (ii) who was employed by the War Shipping Administration
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or Office of Defense Transportation or their agents as a merchant seaman
documented by the United States Coast Guard or Department of Commerce,
or as a civil servant employed by the United States Army Transport
Service (later redesignated as the United States Army Transportation
Corps, Water Division) or the Naval Transportation Service; and who
served satisfactorily as a crew member during the period of armed
conflict, December seventh, nineteen hundred forty-one, to August
fifteenth, nineteen hundred forty-five, aboard merchant vessels in
oceangoing, i.e., foreign, intercoastal, or coastwise service as such
terms are defined under federal law (46 USCA 10301 & 10501) and further
to include "near foreign" voyages between the United States and Canada,
Mexico, or the West Indies via ocean routes, or public vessels in ocean-
going service or foreign waters and who has received a Certificate of
Release or Discharge from Active Duty and a discharge certificate, or an
Honorable Service Certificate/Report of Casualty, from the department of
defense, (iii) who served as a United States civilian employed by the
American Field Service and served overseas under United States Armies
and United States Army Groups in world war II during the period of armed
conflict, December seventh, nineteen hundred forty-one through May
eighth, nineteen hundred forty-five, and who (1) was discharged or
released therefrom under honorable conditions, or (2) has a qualifying
condition, as defined in section one of the veterans' services law, and
has received a discharge other than bad conduct or dishonorable from
such service, or (3) is a discharged LGBT veteran, as defined in section
one of the veterans' services law, and has received a discharge other
than bad conduct or dishonorable from such service, (iv) who served as a
United States civilian Flight Crew and Aviation Ground Support Employee
of Pan American World Airways or one of its subsidiaries or its affil-
iates and served overseas as a result of Pan American's contract with
Air Transport Command or Naval Air Transport Service during the period
of armed conflict, December fourteenth, nineteen hundred forty-one
through August fourteenth, nineteen hundred forty-five, and who (1) was
discharged or released therefrom under honorable conditions, or (2) has
a qualifying condition, as defined in section one of the veterans'
services law, and has received a discharge other than bad conduct or
dishonorable from such service, or (3) is a discharged LGBT veteran, as
defined in section one of the veterans' services law, and has received a
discharge other than bad conduct or dishonorable from such service, (v)
notwithstanding any other provision of law to the contrary, who are
members of the reserve components of the armed forces of the United
States who (1) received an honorable discharge or release therefrom
under honorable conditions, or (2) has a qualifying condition, as
defined in section one of the veterans' services law, and has received a
discharge other than bad conduct or dishonorable from such service, or
(3) is a discharged LGBT veteran, as defined in section one of the
veterans' services law, and has received a discharge other than bad
conduct or dishonorable from such service, but are still members of the
reserve components of the armed forces of the United States provided
that such members meet all other qualifications under the provisions of
this section, [or] (vi) who shall be considered to have been discharged
or released from active military service of the United States under
honorable conditions if: (1) the individual served in the active mili-
tary service of the United States for the period of time such individual
was obligated to serve at the time of entry into service; (2) the indi-
vidual was not discharged or released from such service at the time of
completing such period of obligation due to an intervening enlistment or
A. 8914 6
reenlistment; (3) the individual would have been eligible for a
discharge or release under conditions other than dishonorable at such
time except for such intervening enlistment or reenlistment; and (4) the
individual served in the active military service of the United States
for a period of at least ten years, provided that such individual meets
all other qualifications under the provisions of this section, OR (VII)
WHO SERVED AS A MEMBER OF THE COMMISSIONED CORPS OF THE NATIONAL OCEANIC
AND ATMOSPHERIC ADMINISTRATION OR THE UNITED STATES PUBLIC HEALTH
SERVICE AND WHO (1) WAS DISCHARGED OR RELEASED THEREFROM UNDER HONORABLE
CONDITIONS, OR (2) HAS A QUALIFYING CONDITION, AS DEFINED IN SECTION ONE
OF THE VETERANS' SERVICES LAW, AND HAS RECEIVED A DISCHARGE OTHER THAN
BAD CONDUCT OR DISHONORABLE FROM SUCH SERVICE, OR (3) IS A DISCHARGED
LGBT VETERAN, AS DEFINED IN SECTION ONE OF THE VETERANS' SERVICES LAW,
AND HAS RECEIVED A DISCHARGE OTHER THAN BAD CONDUCT OR DISHONORABLE FROM
SUCH SERVICE.
§ 5. Paragraph (a) of subdivision 1 of section 458-b of the real
property tax law, as amended by section 84 of part PP of chapter 56 of
the laws of 2022, is amended to read as follows:
(a) "Cold War veteran" means a [person, male or female,] VETERAN AS
DEFINED IN SECTION ONE OF THE VETERANS' SERVICES LAW who served on
active duty in the United States armed forces[,] during the time period
from September second, nineteen hundred forty-five to December twenty-
sixth, nineteen hundred ninety-one, and (i) was discharged or released
therefrom under honorable conditions, or (ii) has a qualifying condi-
tion, as defined in section one of the veterans' services law, and has
received a discharge other than bad conduct or dishonorable from such
service, or (iii) is a discharged LGBT veteran, as defined in section
one of the veterans' services law, and has received a discharge other
than bad conduct or dishonorable from such service.
§ 6. Paragraph (b) of subdivision 1 of section 243 of the military
law, as amended by section 71 of part PP of chapter 56 of the laws of
2022, is amended to read as follows:
(b) The term "military duty" shall mean military service in the mili-
tary, naval, aviation or marine service of the United States subsequent
to July first, nineteen hundred forty, or service under the selective
training and service act of nineteen hundred forty, or the national
guard and reserve officers mobilization act of nineteen hundred forty,
or any other act of congress supplementary or amendatory thereto, or any
similar act of congress hereafter enacted and irrespective of the fact
that such service was entered upon following a voluntary enlistment
therefor or was required under one of the foregoing acts of congress, or
service with the United States public health service as a commissioned
officer, OR SERVICE WITH THE NATIONAL OCEANIC AND ATMOSPHERIC ADMINIS-
TRATION AS A COMMISSIONED OFFICER OR THE UNITED STATES PUBLIC HEALTH
SERVICE, or service with the American Red Cross while with the armed
forces of the United States on foreign service, or service with the
special services section of the armed forces of the United States on
foreign service, or service in the merchant marine which shall consist
of service as an officer or member of the crew on or in connection with
a vessel documented under the laws of the United States or a vessel
owned by, chartered to, or operated by or for the account or use of the
government of the United States, or service by one who was employed by
the War Shipping Administration or Office of Defense Transportation or
their agents as a merchant seaman documented by the United States Coast
Guard or Department of Commerce, or as a civil servant employed by the
United States Army Transport Service (later redesignated as the United
A. 8914 7
States Army Transportation Corps, Water Division) or the Naval Transpor-
tation Service; and who served satisfactorily as a crew member during
the period of armed conflict, December seventh, nineteen hundred forty-
one, to August fifteenth, nineteen hundred forty-five, aboard merchant
vessels in oceangoing, i.e., foreign, intercoastal, or coastwise service
as such terms are defined under federal law (46 USCA 10301 & 10501) and
further to include "near foreign" voyages between the United States and
Canada, Mexico, or the West Indies via ocean routes, or public vessels
in oceangoing service or foreign waters and who has received a Certif-
icate of Release or Discharge from Active Duty and a discharge certif-
icate, or an Honorable Service Certificate/Report of Casualty, from the
Department of Defense, or who served as a United States civilian
employed by the American Field Service and served overseas under United
States Armies and United States Army Groups in world war II during the
period of armed conflict, December seventh, nineteen hundred forty-one
through May eighth, nineteen hundred forty-five, and who (i) was
discharged or released therefrom under honorable conditions, or (ii) has
a qualifying condition, as defined in section one of the veterans'
services law, and has received a discharge other than bad conduct or
dishonorable from such service, or (iii) is a discharged LGBT veteran,
as defined in section one of the veterans' services law, and has
received a discharge other than bad conduct or dishonorable from such
service, or who served as a United States civilian Flight Crew and
Aviation Ground Support Employee of Pan American World Airways or one of
its subsidiaries or its affiliates and served overseas as a result of
Pan American's contract with Air Transport Command or Naval Air Trans-
port Service during the period of armed conflict, December fourteenth,
nineteen hundred forty-one through August fourteenth, nineteen hundred
forty-five, and who (iv) was discharged or released therefrom under
honorable conditions, or (v) has a qualifying condition, as defined in
section one of the veterans' services law, and has received a discharge
other than bad conduct or dishonorable from such service, or (vi) is a
discharged LGBT veteran, as defined in section one of the veterans'
services law, and has received a discharge other than bad conduct or
dishonorable from such service; or service in police duty on behalf of
the United States government in a foreign country, if such person is a
police officer, as defined by section 1.20 of the criminal procedure
law, and if such police officer obtained the prior consent of his or her
public employer to absent himself or herself from his or her position to
engage in the performance of such service; or as an enrollee in the
United States maritime service on active duty and, to such extent as may
be prescribed by or under the laws of the United States, any period
awaiting assignment to such service and any period of education or
training for such service in any school or institution under the juris-
diction of the United States government, but shall not include temporary
and intermittent gratuitous service in any reserve or auxiliary force.
It shall include time spent in reporting for and returning from military
duty and shall be deemed to commence when the public employee leaves his
or her position and to end when he or she is reinstated to his or her
position, provided such reinstatement is within ninety days after the
termination of military duty, as hereinafter defined. Notwithstanding
the foregoing provisions of this paragraph, the term "military duty"
shall not include any of the foregoing services entered upon voluntarily
on or after January first, nineteen hundred forty-seven and before June
twenty-fifth, nineteen hundred fifty; and, on or after July first, nine-
teen hundred seventy, the term "military duty" shall not include any
A. 8914 8
voluntary service in excess of four years performed after that date, or
the total of any voluntary services, additional or otherwise, in excess
of four years performed after that date, shall not exceed five years, if
the service in excess of four years is at the request and for the
convenience of the federal government, except if such voluntary service
is performed during a period of war, or national emergency declared by
the president.
§ 7. This act shall take effect immediately on the first of April next
succeeding the date on which it shall have become a law.