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Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
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|---|---|
| Mar 10, 2022 |
referred to veterans, homeland security and military affairs delivered to senate passed assembly |
| Jan 31, 2022 |
amended on third reading 7605a |
| Jan 05, 2022 |
ordered to third reading cal.259 returned to assembly died in senate |
| Jun 03, 2021 |
referred to rules delivered to senate passed assembly |
| Jun 02, 2021 |
ordered to third reading rules cal.383 rules report cal.383 reported |
| May 26, 2021 |
reported referred to rules |
| May 25, 2021 |
reported referred to ways and means |
| May 19, 2021 |
referred to veterans' affairs |
Assembly Bill A7605A
2021-2022 Legislative Session
Expands the definition of veteran to include members of the commissioned corps of the national oceanic and atmospheric administration and the United States public health service
download bill text pdfSponsored By
BARRETT
Archive: Last Bill Status - In Senate Committee Veterans, Homeland Security And Military Affairs Committee
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
Bill Amendments
co-Sponsors
Michael J. Norris
2021-A7605 - Details
- Current Committee:
- Senate Veterans, Homeland Security And Military Affairs
- Law Section:
- Tax Law
- Laws Affected:
- Amd §§606, 1511 & 210-B, Tax L; amd §§350, 364, 369-b & 369-h, Exec L; amd §210, Ec Dev L; amd §63, Pub Off L; amd §§458, 458-a & 458-b, RPT L; amd §243, Mil L
2021-A7605 - Summary
Expands the definition of veteran to include members of the commissioned corps of the NOAA and the United States public health service; expands access to benefits and assistance to those who served in the commissioned corps of the NOAA and the United States public health service.
2021-A7605 - Bill Text download pdf
S T A T E O F N E W Y O R K
________________________________________________________________________
7605
2021-2022 Regular Sessions
I N A S S E M B L Y
May 19, 2021
___________
Introduced by M. of A. BARRETT -- read once and referred to the Commit-
tee on Veterans' Affairs
AN ACT to amend the tax law, the executive law, the economic development
law, the public officers law, the real property tax law and the mili-
tary law, in relation to expanding the definition of veteran to
include members of the commissioned corps of the national oceanic and
atmospheric administration and the United States public health service
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subparagraph (A) of paragraph 2 of subsection (a-2) of
section 606 of the tax law, as amended by chapter 490 of the laws of
2019, is amended to read as follows:
(A) who served on active duty in the United States army, navy, air
force, marine corps, coast guard or the reserves thereof, or who served
in active military service of the United States as a member of the army
national guard, air national guard, New York guard or New York naval
militia, OR WHO SERVED AS A MEMBER OF THE COMMISSIONED CORPS OF THE
NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION OR THE UNITED STATES
PUBLIC HEALTH SERVICE; who (i) was released from active duty by general
or honorable discharge after September eleventh, two thousand one, or
(ii) has a qualifying condition, as defined in section three hundred
fifty of the executive law, and has received a discharge other than bad
conduct or dishonorable from such service after September eleventh, two
thousand one, or (iii) is a discharged LGBT veteran, as defined in
section three hundred fifty of the executive law, and has received a
discharge other than bad conduct or dishonorable from such service after
September eleventh, two thousand one;
§ 2. Subparagraph (A) of paragraph 2 of subsection (g-1) of section
1511 of the tax law, as amended by chapter 490 of the laws of 2019, is
amended to read as follows:
(A) who served on active duty in the United States army, navy, air
force, marine corps, coast guard or the reserves thereof, or who served
in active military service of the United States as a member of the army
national guard, air national guard, New York guard or New York naval
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09436-03-1
A. 7605 2
militia, OR WHO SERVED ON ACTIVE DUTY AS A MEMBER OF THE COMMISSIONED
CORPS OF THE NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION OR THE
UNITED STATES PUBLIC HEALTH SERVICE; who (i) was released from active
duty by general or honorable discharge after September eleventh, two
thousand one, or (ii) has a qualifying condition, as defined in section
three hundred fifty of the executive law, and has received a discharge
other than bad conduct or dishonorable from such service after September
eleventh, two thousand one, or (iii) is a discharged LGBT veteran, as
defined in section three hundred fifty of the executive law, and has
received a discharge other than bad conduct or dishonorable from such
service after September eleventh, two thousand one;
§ 3. Subparagraph 1 of paragraph (b) of subdivision 29 of section
210-B of the tax law, as amended by chapter 490 of the laws of 2019, is
amended to read as follows:
(1) who served on active duty in the United States army, navy, air
force, marine corps, coast guard or the reserves thereof, or who served
in active military service of the United States as a member of the army
national guard, air national guard, New York guard or New York naval
militia, OR WHO SERVED ON ACTIVE DUTY AS A MEMBER OF THE COMMISSIONED
CORPS OF THE NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION OR THE
UNITED STATES PUBLIC HEALTH SERVICE; who (i) was released from active
duty by general or honorable discharge after September eleventh, two
thousand one, or (ii) has a qualifying condition, as defined in section
three hundred fifty of the executive law, and has received a discharge
other than bad conduct or dishonorable from such service after September
eleventh, two thousand one, or (iii) is a discharged LGBT veteran, as
defined in section three hundred fifty of the executive law, and has
received a discharge other than bad conduct or dishonorable from such
service after September eleventh, two thousand one;
§ 4. Subdivisions 3 and 9 of section 350 of the executive law, subdi-
vision 9 as added by chapter 490 of the laws of 2019, are amended to
read as follows:
3. The term "veteran" means a person, male or female, resident of this
state, who has served in the active military or naval service of the
United States OR THE ACTIVE SERVICE OF THE COMMISSIONED CORPS OF THE
NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION OR THE UNITED STATES
PUBLIC HEALTH SERVICE during a war in which the United States engaged
and who has been released from such service otherwise than by dishonor-
able discharge, or who has been furloughed to the reserve.
9. The term "discharged LGBT veteran" means a veteran who was
discharged less than honorably from military or naval service OR THE
COMMISSIONED CORPS OF THE NATIONAL OCEANIC AND ATMOSPHERIC ADMINIS-
TRATION OR THE UNITED STATES PUBLIC HEALTH SERVICE due to their sexual
orientation or gender identity or expression, as those terms are defined
in section two hundred ninety-two of this chapter, or statements,
consensual sexual conduct, or consensual acts relating to sexual orien-
tation, gender identity or expression, or the disclosure of such state-
ments, conduct, or acts, that were prohibited by the military or naval
service at the time of discharge. The division shall establish a
consistent and uniform process to determine whether a veteran qualifies
as a discharged LGBT veteran under this subdivision, including, at a
minimum, standards for verifying a veteran's status as a discharged LGBT
veteran, and a method of demonstrating eligibility as a discharged LGBT
veteran.
§ 5. The opening paragraph of paragraph a and paragraph c of subdivi-
sion 1 of section 364 of the executive law, the opening paragraph of
A. 7605 3
paragraph a as amended by chapter 490 of the laws of 2019 and paragraph
c as added by chapter 751 of the laws of 1985, are amended to read as
follows:
The word "veteran," as used in this article shall be taken to mean and
include any person who is a resident of the state of New York, and who
(i) has been or may be given an honorable, general or ordinary discharge
or any other form of release from such service, except a dishonorable
discharge, a bad conduct discharge, an undesirable discharge, a
discharge without honor or a discharge for the good of the service, or
(ii) has a qualifying condition, as defined in section three hundred
fifty of this article, 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 three hundred fifty of this article, and
has received a discharge other than bad conduct or dishonorable from
such service, and who (iv) was a recipient of the armed forces expedi-
tionary medal, the navy expeditionary medal or the marine corps expedi-
tionary 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 (v) SERVED IN THE COMMIS-
SIONED CORPS OF THE NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION OR
THE UNITED STATES PUBLIC HEALTH SERVICE, OR (VI) served on active duty
for ninety days or more in the armed forces of the United States during
any one of the following wars or hostilities:
c. The term "active duty" as used in this article shall mean full time
duty in the armed forces OR THE COMMISSIONED CORPS OF THE NATIONAL
OCEANIC AND ATMOSPHERIC ADMINISTRATION OR THE UNITED STATES PUBLIC
HEALTH SERVICE, other than active duty for training; provided, however,
that "active duty" shall also include any period of active duty for
training during which the individual concerned was disabled or died from
a disease or injury incurred or aggravated during such period.
§ 6. Subdivision 3 of section 369-b of the executive law, as added by
chapter 557 of the laws of 2013, is amended to read as follows:
3. "Veteran" shall mean an individual who served on active duty in the
United States army, navy, marine corps, air force, coast guard or the
reserves component, or who served in active military service of the
United States as a member of the army national guard, air national
guard, New York guard or New York naval militia, OR WHO SERVED IN ACTIVE
SERVICE AS A MEMBER OF THE COMMISSIONED CORPS OF THE NATIONAL OCEANIC
AND ATMOSPHERIC ADMINISTRATION OR THE UNITED STATES PUBLIC HEALTH
SERVICE, who was released from such service otherwise then by dishonor-
able discharge after September eleventh, two thousand one.
§ 7. Subdivisions 5 and 7 of section 369-h of the executive law,
subdivision 5 as added by chapter 22 of the laws of 2014 and subdivision
7 as amended by chapter 490 of the laws of 2019, are amended to read as
follows:
5. "Service-disabled veteran" shall mean (a) in the case of the United
States army, navy, air force, marines, coast guard, army national guard
or air national guard and/or reserves thereof, OR THE COMMISSIONED CORPS
OF THE NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION OR THE UNITED
STATES PUBLIC HEALTH SERVICE, a veteran who received a compensation
rating of ten percent or greater from the United States department of
veterans affairs or from the United States department of defense because
of a service-connected disability incurred in the line of duty, and (b)
A. 7605 4
in the case of the New York guard or the New York naval militia and/or
reserves thereof, a veteran who certifies, pursuant to the rules and
regulations promulgated by the director, to having incurred an injury
equivalent to a compensation rating of ten percent or greater from the
United States department of veterans affairs or from the United States
department of defense because of a service-connected disability incurred
in the line of duty.
7. "Veteran" shall mean a person who served in the United States army,
navy, air force, marines, coast guard, and/or reserves thereof, and/or
in the army national guard, air national guard, New York guard and/or
the New York naval militia, AND/OR WHO SERVED AS A MEMBER OF THE COMMIS-
SIONED CORPS OF THE NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION
AND/OR THE UNITED STATES PUBLIC HEALTH SERVICE and who (i) has received
an honorable or general discharge from such service, or (ii) has a qual-
ifying condition, as defined in section three hundred fifty of this
chapter, 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 three hundred fifty of this chapter, and has
received a discharge other than bad conduct or dishonorable from such
service.
§ 8. Subdivision 6 of section 210 of the economic development law, as
amended by chapter 490 of the laws of 2019, is amended to read as
follows:
6. "Veteran" shall mean a person who served in the United States army,
navy, air force, marines, coast guard, and/or reserves thereof, and/or
in the army national guard, air national guard, New York guard and/or
THE New York naval militia, AND/OR WHO SERVED AS A MEMBER OF THE COMMIS-
SIONED CORPS OF THE NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION
AND/OR THE UNITED STATES PUBLIC HEALTH SERVICE and who (a) has received
an honorable or general discharge from such service, or (b) has a quali-
fying condition, as defined in section three hundred fifty of the execu-
tive 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 three hundred fifty of the executive law, and has
received a discharge other than bad conduct or dishonorable from such
service.
§ 9. Section 63 of the public officers law, as amended by chapter 490
of the laws of 2019, is amended to read as follows:
§ 63. Leave of absence for veterans on Memorial day and Veterans' day.
It shall be the duty of the head of every public department and of every
court of the state of New York, of every superintendent or foreman on
the public works of said state, of the county officers of the several
counties of said state, of the town officers of the various towns in
this state, of the fire district officers of the various fire districts
in this state, and of the head of every department, bureau and office in
the government of the various cities and villages in this state, and the
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
A. 7605 5
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 three hundred fifty of the executive 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
three hundred fifty of the executive 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 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 three hundred fifty of
the executive 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 three hundred fifty of the executive 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-seventh, nineteen hundred fifty and January
thirty-first, nineteen hundred fifty-five, or during the period of the
Vietnam conflict from the twenty-eighth day of February, nineteen
hundred sixty-one 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 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 Grena-
da 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 January thirty-first, nine-
teen 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
A. 7605 6
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 twenty-eighth day of February, nineteen hundred
sixty-one 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 three hundred
fifty of the executive 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 three hundred fifty of the executive 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 ADMINIS-
TRATION 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
THREE HUNDRED FIFTY OF THE EXECUTIVE 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 THREE HUNDRED FIFTY OF
THE EXECUTIVE LAW, AND HAS RECEIVED A DISCHARGE OTHER THAN BAD CONDUCT
OR DISHONORABLE FROM SUCH SERVICE EXCEPT WHERE SUCH ACTION WOULD ENDAN-
GER 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, hourly, 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 vaca-
tion allowance or budgetary allowable 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.
§ 10. Subdivision 4-a of section 458 of the real property tax law, as
amended by chapter 490 of the laws of 2019, 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
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
A. 7605 7
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 three hundred fifty of the executive 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
three hundred fifty of the executive 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 subsid-
iaries or its affiliates who served overseas as a result of Pan Ameri-
can'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 (i) was discharged or released therefrom under honorable
conditions, or (ii) has a qualifying condition, as defined in section
three hundred fifty of the executive 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 three hundred fifty of
the executive 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 ATMOSPHERIC ADMINIS-
TRATION 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 THREE HUNDRED FIFTY OF THE
EXECUTIVE 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 THREE HUNDRED FIFTY OF THE EXECUTIVE LAW, AND HAS
RECEIVED A DISCHARGE OTHER THAN BAD CONDUCT OR DISHONORABLE FROM SUCH
SERVICE.
§ 11. Paragraph (e) of subdivision 1 of section 458-a of the real
property tax law, as amended by chapter 490 of the laws of 2019, 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
three hundred fifty of the executive 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 three hundred fifty of
the executive law, and has received a discharge other than bad conduct
or dishonorable from such service, (ii) 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 peri-
od of armed conflict, December seventh, nineteen hundred forty-one, to
August fifteenth, nineteen hundred forty-five, aboard merchant vessels
A. 7605 8
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 three hundred fifty of the executive
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 three hundred fifty of the executive 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 subsid-
iaries or its affiliates and served overseas as a result of Pan Ameri-
can'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
three hundred fifty of the executive 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 three hundred fifty of
the executive law, and has received a discharge other than bad conduct
or dishonorable from such service, [or] (v) notwithstanding any other
provision of law to the contrary, who are members of the reserve compo-
nents 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 three hundred
fifty of the executive 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 three hundred fifty of the executive 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
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 CONDI-
TIONS, OR (2) HAS A QUALIFYING CONDITION, AS DEFINED IN SECTION THREE
HUNDRED FIFTY OF THE EXECUTIVE 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 THREE HUNDRED FIFTY OF
THE EXECUTIVE LAW, AND HAS RECEIVED A DISCHARGE OTHER THAN BAD CONDUCT
OR DISHONORABLE FROM SUCH SERVICE.
§ 12. Paragraphs (a) and (c) of subdivision 1 of section 458-b of the
real property tax law, paragraph (a) as amended by chapter 490 of the
laws of 2019 and paragraph (c) as added by chapter 655 of the laws of
2007, are amended to read as follows:
A. 7605 9
(a) "Cold War veteran" means a person, male or female, who served on
active duty in the United States armed forces OR THE COMMISSIONED CORPS
OF THE NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION OR THE UNITED
STATES PUBLIC HEALTH SERVICE, 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 condition, as defined in
section three hundred fifty of the executive 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 three hundred
fifty of the executive law, and has received a discharge other than bad
conduct or dishonorable from such service.
(c) "Active duty" means full-time duty in the United States armed
forces OR THE COMMISSIONED CORPS OF THE NATIONAL OCEANIC AND ATMOSPHERIC
ADMINISTRATION OR THE UNITED STATES PUBLIC HEALTH SERVICE, other than
active duty for training.
§ 13. Paragraph (b) of subdivision 1 of section 243 of the military
law, as amended by chapter 490 of the laws of 2019, 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
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
A. 7605 10
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 three hundred fifty of the
executive 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 three hundred fifty of the executive 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 three hundred fifty of the executive 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 three hundred
fifty of the executive 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
jurisdiction of the United States government, but shall not include
temporary and intermittent gratuitous service in any reserve or auxilia-
ry 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 position and to end when he is reinstated to his
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
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.
§ 14. This act shall take effect immediately, provided, however, that
the amendments to subdivisions 5 and 7 of section 369-h of the executive
law made by section seven of this act shall not affect the repeal of
such section and shall be deemed repealed therewith.
co-Sponsors
Michael J. Norris
2021-A7605A (ACTIVE) - Details
- Current Committee:
- Senate Veterans, Homeland Security And Military Affairs
- Law Section:
- Tax Law
- Laws Affected:
- Amd §§606, 1511 & 210-B, Tax L; amd §§350, 364, 369-b & 369-h, Exec L; amd §210, Ec Dev L; amd §63, Pub Off L; amd §§458, 458-a & 458-b, RPT L; amd §243, Mil L
2021-A7605A (ACTIVE) - Summary
Expands the definition of veteran to include members of the commissioned corps of the NOAA and the United States public health service; expands access to benefits and assistance to those who served in the commissioned corps of the NOAA and the United States public health service.
2021-A7605A (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K
________________________________________________________________________
7605--A
Cal. No. 259
2021-2022 Regular Sessions
I N A S S E M B L Y
May 19, 2021
___________
Introduced by M. of A. BARRETT, NORRIS -- read once and referred to the
Committee on Veterans' Affairs -- ordered to a third reading, amended
and ordered reprinted, retaining its place on the order of third read-
ing
AN ACT to amend the tax law, the executive law, the economic development
law, the public officers law, the real property tax law and the mili-
tary law, in relation to expanding the definition of veteran to
include members of the commissioned corps of the national oceanic and
atmospheric administration and the United States public health service
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subparagraph (A) of paragraph 2 of subsection (a-2) of
section 606 of the tax law, as amended by chapter 490 of the laws of
2019, is amended to read as follows:
(A) who served on active duty in the United States army, navy, air
force, marine corps, coast guard or the reserves thereof, or who served
in active military service of the United States as a member of the army
national guard, air national guard, New York guard or New York naval
militia, OR WHO SERVED AS A MEMBER OF THE COMMISSIONED CORPS OF THE
NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION OR THE UNITED STATES
PUBLIC HEALTH SERVICE; who (i) was released from active duty by general
or honorable discharge after September eleventh, two thousand one, or
(ii) has a qualifying condition, as defined in section three hundred
fifty of the executive law, and has received a discharge other than bad
conduct or dishonorable from such service after September eleventh, two
thousand one, or (iii) is a discharged LGBT veteran, as defined in
section three hundred fifty of the executive law, and has received a
discharge other than bad conduct or dishonorable from such service after
September eleventh, two thousand one;
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09436-04-2
A. 7605--A 2
§ 2. Subparagraph (A) of paragraph 2 of subsection (g-1) of section 1511 of the tax law, as amended by chapter 490 of the laws of 2019, is amended to read as follows: (A) who served on active duty in the United States army, navy, air force, marine corps, coast guard or the reserves thereof, or who served in active military service of the United States as a member of the army national guard, air national guard, New York guard or New York naval militia, OR WHO SERVED ON ACTIVE DUTY AS A MEMBER OF THE COMMISSIONED CORPS OF THE NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION OR THE UNITED STATES PUBLIC HEALTH SERVICE; who (i) was released from active duty by general or honorable discharge after September eleventh, two thousand one, or (ii) has a qualifying condition, as defined in section three hundred fifty of the executive law, and has received a discharge other than bad conduct or dishonorable from such service after September eleventh, two thousand one, or (iii) is a discharged LGBT veteran, as defined in section three hundred fifty of the executive law, and has received a discharge other than bad conduct or dishonorable from such service after September eleventh, two thousand one; § 3. Subparagraph 1 of paragraph (b) of subdivision 29 of section 210-B of the tax law, as amended by chapter 490 of the laws of 2019, is amended to read as follows: (1) who served on active duty in the United States army, navy, air force, marine corps, coast guard or the reserves thereof, or who served in active military service of the United States as a member of the army national guard, air national guard, New York guard or New York naval militia, OR WHO SERVED ON ACTIVE DUTY AS A MEMBER OF THE COMMISSIONED CORPS OF THE NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION OR THE UNITED STATES PUBLIC HEALTH SERVICE; who (i) was released from active duty by general or honorable discharge after September eleventh, two thousand one, or (ii) has a qualifying condition, as defined in section three hundred fifty of the executive law, and has received a discharge other than bad conduct or dishonorable from such service after September eleventh, two thousand one, or (iii) is a discharged LGBT veteran, as defined in section three hundred fifty of the executive law, and has received a discharge other than bad conduct or dishonorable from such service after September eleventh, two thousand one; § 4. Subdivisions 3 and 9 of section 350 of the executive law, subdi- vision 9 as added by chapter 490 of the laws of 2019, are amended to read as follows: 3. The term "veteran" means a person, male or female, resident of this state, who has served in the active military or naval service of the United States OR THE ACTIVE SERVICE OF THE COMMISSIONED CORPS OF THE NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION OR THE UNITED STATES PUBLIC HEALTH SERVICE during a war in which the United States engaged and who has been released from such service otherwise than by dishonor- able discharge, or who has been furloughed to the reserve. 9. The term "discharged LGBT veteran" means a veteran who was discharged less than honorably from military or naval service OR THE COMMISSIONED CORPS OF THE NATIONAL OCEANIC AND ATMOSPHERIC ADMINIS- TRATION OR THE UNITED STATES PUBLIC HEALTH SERVICE due to their sexual orientation or gender identity or expression, as those terms are defined in section two hundred ninety-two of this chapter, or statements, consensual sexual conduct, or consensual acts relating to sexual orien- tation, gender identity or expression, or the disclosure of such state- ments, conduct, or acts, that were prohibited by the military or naval service at the time of discharge. The division shall establish a A. 7605--A 3 consistent and uniform process to determine whether a veteran qualifies as a discharged LGBT veteran under this subdivision, including, at a minimum, standards for verifying a veteran's status as a discharged LGBT veteran, and a method of demonstrating eligibility as a discharged LGBT veteran. § 5. The opening paragraph of paragraph a and paragraph c of subdivi- sion 1 of section 364 of the executive law, the opening paragraph of paragraph a as amended by chapter 490 of the laws of 2019 and paragraph c as added by chapter 751 of the laws of 1985, are amended to read as follows: The word "veteran," as used in this article shall be taken to mean and include any person who is a resident of the state of New York, and who (i) has been or may be given an honorable, general or ordinary discharge or any other form of release from such service, except a dishonorable discharge, a bad conduct discharge, an undesirable discharge, a discharge without honor or a discharge for the good of the service, or (ii) has a qualifying condition, as defined in section three hundred fifty of this article, 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 three hundred fifty of this article, and has received a discharge other than bad conduct or dishonorable from such service, and who (iv) was a recipient of the armed forces expedi- tionary medal, the navy expeditionary medal or the marine corps expedi- tionary 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 (v) SERVED IN THE COMMIS- SIONED CORPS OF THE NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION OR THE UNITED STATES PUBLIC HEALTH SERVICE, OR (VI) served on active duty for ninety days or more in the armed forces of the United States during any one of the following wars or hostilities: c. The term "active duty" as used in this article shall mean full time duty in the armed forces OR THE COMMISSIONED CORPS OF THE NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION OR THE UNITED STATES PUBLIC HEALTH SERVICE, other than active duty for training; provided, however, that "active duty" shall also include any period of active duty for training during which the individual concerned was disabled or died from a disease or injury incurred or aggravated during such period. § 6. Subdivision 3 of section 369-b of the executive law, as added by chapter 557 of the laws of 2013, is amended to read as follows: 3. "Veteran" shall mean an individual who served on active duty in the United States army, navy, marine corps, air force, coast guard or the reserves component, or who served in active military service of the United States as a member of the army national guard, air national guard, New York guard or New York naval militia, OR WHO SERVED IN ACTIVE SERVICE AS A MEMBER OF THE COMMISSIONED CORPS OF THE NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION OR THE UNITED STATES PUBLIC HEALTH SERVICE, who was released from such service otherwise then by dishonor- able discharge after September eleventh, two thousand one. § 7. Subdivisions 5 and 7 of section 369-h of the executive law, subdivision 5 as added by chapter 22 of the laws of 2014 and subdivision 7 as amended by chapter 490 of the laws of 2019, are amended to read as follows: A. 7605--A 4 5. "Service-disabled veteran" shall mean (a) in the case of the United States army, navy, air force, marines, coast guard, army national guard or air national guard and/or reserves thereof, OR THE COMMISSIONED CORPS OF THE NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION OR THE UNITED STATES PUBLIC HEALTH SERVICE, a veteran who received a compensation rating of ten percent or greater from the United States department of veterans affairs or from the United States department of defense because of a service-connected disability incurred in the line of duty, and (b) in the case of the New York guard or the New York naval militia and/or reserves thereof, a veteran who certifies, pursuant to the rules and regulations promulgated by the director, to having incurred an injury equivalent to a compensation rating of ten percent or greater from the United States department of veterans affairs or from the United States department of defense because of a service-connected disability incurred in the line of duty. 7. "Veteran" shall mean a person who served in the United States army, navy, air force, marines, coast guard, and/or reserves thereof, and/or in the army national guard, air national guard, New York guard and/or the New York naval militia, AND/OR WHO SERVED AS A MEMBER OF THE COMMIS- SIONED CORPS OF THE NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION AND/OR THE UNITED STATES PUBLIC HEALTH SERVICE and who (i) has received an honorable or general discharge from such service, or (ii) has a qual- ifying condition, as defined in section three hundred fifty of this chapter, 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 three hundred fifty of this chapter, and has received a discharge other than bad conduct or dishonorable from such service. § 8. Subdivision 6 of section 210 of the economic development law, as amended by chapter 490 of the laws of 2019, is amended to read as follows: 6. "Veteran" shall mean a person who served in the United States army, navy, air force, marines, coast guard, and/or reserves thereof, and/or in the army national guard, air national guard, New York guard and/or THE New York naval militia, AND/OR WHO SERVED AS A MEMBER OF THE COMMIS- SIONED CORPS OF THE NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION AND/OR THE UNITED STATES PUBLIC HEALTH SERVICE and who (a) has received an honorable or general discharge from such service, or (b) has a quali- fying condition, as defined in section three hundred fifty of the execu- tive 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 three hundred fifty of the executive law, and has received a discharge other than bad conduct or dishonorable from such service. § 9. Section 63 of the public officers law, as amended by chapter 606 of the laws of 2021, is amended to read as follows: § 63. Leave of absence for veterans on Memorial day and Veterans' day. It shall be the duty of the head of every public department and of every court of the state of New York, of every superintendent or foreman on the public works of said state, of the county officers of the several counties of said state, of the town officers of the various towns in this state, of the fire district officers of the various fire districts in this state, and of the head of every department, bureau and office in the government of the various cities and villages in this state, and the officers of any public benefit corporation or any public authority of this state, or of any public benefit corporation or public authority of A. 7605--A 5 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 three hundred fifty of the executive 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 three hundred fifty of the executive 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 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 three hundred fifty of the executive 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 three hundred fifty of the executive 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-seventh, nineteen hundred fifty and January thirty-first, nineteen hundred fifty-five, or during the period of the Vietnam conflict from the [twenty-eighth day of February, nineteen hundred sixty-one] 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 forces expeditionary medal, navy expedi- A. 7605--A 6 tionary 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 January 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 twen- ty-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 three hundred fifty of the executive 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 three hundred fifty of the executive 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 CONDI- TION, AS DEFINED IN SECTION THREE HUNDRED FIFTY OF THE EXECUTIVE 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 THREE HUNDRED FIFTY OF THE EXECUTIVE 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, hourly, 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 allowable 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. § 10. Subdivision 4-a of section 458 of the real property tax law, as amended by chapter 490 of the laws of 2019, 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 crew member during the period of armed conflict, December seventh, nine- A. 7605--A 7 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 three hundred fifty of the executive 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 three hundred fifty of the executive 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 subsid- iaries or its affiliates who served overseas as a result of Pan Ameri- can'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 (i) was discharged or released therefrom under honorable conditions, or (ii) has a qualifying condition, as defined in section three hundred fifty of the executive 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 three hundred fifty of the executive 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 ATMOSPHERIC ADMINIS- TRATION 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 THREE HUNDRED FIFTY OF THE EXECUTIVE 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 THREE HUNDRED FIFTY OF THE EXECUTIVE LAW, AND HAS RECEIVED A DISCHARGE OTHER THAN BAD CONDUCT OR DISHONORABLE FROM SUCH SERVICE. § 11. Paragraph (e) of subdivision 1 of section 458-a of the real property tax law, as amended by chapter 490 of the laws of 2019, 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 three hundred fifty of the executive 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 three hundred fifty of the executive law, and has received a discharge other than bad conduct or dishonorable from such service, (ii) who was employed by the War A. 7605--A 8 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 peri- od 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 three hundred fifty of the executive 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 three hundred fifty of the executive 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 subsid- iaries or its affiliates and served overseas as a result of Pan Ameri- can'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 three hundred fifty of the executive 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 three hundred fifty of the executive law, and has received a discharge other than bad conduct or dishonorable from such service, [or] (v) notwithstanding any other provision of law to the contrary, who are members of the reserve compo- nents 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 three hundred fifty of the executive 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 three hundred fifty of the executive 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 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 CONDI- TIONS, OR (2) HAS A QUALIFYING CONDITION, AS DEFINED IN SECTION THREE HUNDRED FIFTY OF THE EXECUTIVE LAW, AND HAS RECEIVED A DISCHARGE OTHER THAN BAD CONDUCT OR DISHONORABLE FROM SUCH SERVICE, OR (3) IS A A. 7605--A 9 DISCHARGED LGBT VETERAN, AS DEFINED IN SECTION THREE HUNDRED FIFTY OF THE EXECUTIVE LAW, AND HAS RECEIVED A DISCHARGE OTHER THAN BAD CONDUCT OR DISHONORABLE FROM SUCH SERVICE. § 12. Paragraphs (a) and (c) of subdivision 1 of section 458-b of the real property tax law, paragraph (a) as amended by chapter 490 of the laws of 2019 and paragraph (c) as added by chapter 655 of the laws of 2007, are amended to read as follows: (a) "Cold War veteran" means a person, male or female, who served on active duty in the United States armed forces OR THE COMMISSIONED CORPS OF THE NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION OR THE UNITED STATES PUBLIC HEALTH SERVICE, 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 condition, as defined in section three hundred fifty of the executive 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 three hundred fifty of the executive law, and has received a discharge other than bad conduct or dishonorable from such service. (c) "Active duty" means full-time duty in the United States armed forces OR THE COMMISSIONED CORPS OF THE NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION OR THE UNITED STATES PUBLIC HEALTH SERVICE, other than active duty for training. § 13. Paragraph (b) of subdivision 1 of section 243 of the military law, as amended by chapter 490 of the laws of 2019, 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 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 A. 7605--A 10 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 three hundred fifty of the executive 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 three hundred fifty of the executive 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 three hundred fifty of the executive 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 three hundred fifty of the executive 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 jurisdiction of the United States government, but shall not include temporary and intermittent gratuitous service in any reserve or auxilia- ry 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 position and to end when he is reinstated to his 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 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 A. 7605--A 11 is performed during a period of war, or national emergency declared by the president. § 14. This act shall take effect immediately, provided, however, that the amendments to subdivisions 5 and 7 of section 369-h of the executive law made by section seven of this act shall not affect the repeal of such section and shall be deemed repealed therewith.
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