S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7124--A
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                               June 1, 2021
                                ___________
 
 Introduced  by  Sen.  BROOKS -- read twice and ordered printed, and when
   printed to be committed to the Committee on Housing, Construction  and
   Community  Development  -- committee discharged, bill amended, ordered
   reprinted as amended and recommitted to said committee
 
 AN ACT to amend the real property tax law, the executive law, the educa-
   tion law, the public health law, the civil  service  law,  the  public
   officers  law,  the public housing law and the social services law, in
   relation to conforming the definition of  a  veteran  serving  in  the
   Vietnam  war era to newly enacted federal law (H.R. 7105) for veterans
   who served in-country in the Republic of Vietnam from between February
   28, 1961 and May 7, 1975, to any active duty service in  the  Republic
   of Vietnam that occurred between November 1, 1955 and May 7, 1975
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1.  Paragraph (a) of subdivision 1 of  section  458-a  of  the
 real property tax law, as amended by chapter 179 of the laws of 2006, is
 amended to read as follows:
   (a) "Period of war" means the Spanish-American war; the Mexican border
 period;  World War I; World War II; the hostilities, known as the Korean
 war, which commenced June twenty-seventh,  nineteen  hundred  fifty  and
 terminated  on  January  thirty-first,  nineteen hundred fifty-five; the
 hostilities, known as the Vietnam war, which commenced  [February  twen-
 ty-eighth,  nineteen hundred sixty-one] NOVEMBER FIRST, NINETEEN HUNDRED
 FIFTY-FIVE and terminated on May seventh, nineteen hundred seventy-five;
 and the hostilities, known as the Persian Gulf conflict, which commenced
 August second, nineteen hundred ninety.
   § 2. Clause 7 of subparagraph (v) of paragraph a of subdivision  1  of
 section  364 of the executive law, as amended by chapter 490 of the laws
 of 2019, is amended to read as follows:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11047-02-1

              

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   (7) in 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;
   §  3.  Paragraph  (d) of subdivision 1 of section 668 of the education
 law, as amended by chapter 261 of the laws of 1995, is amended  to  read
 as follows:
   (d)  [December  twenty-second,  nineteen  hundred  sixty-one] NOVEMBER
 FIRST, NINETEEN HUNDRED FIFTY-FIVE  to  May  seventh,  nineteen  hundred
 seventy-five.
   §  4.  Subdivision 1 of section 668-c of the education law, as amended
 by chapter 490 of the laws of 2019, is amended to read as follows:
   1. Eligible students. Awards shall be made to Vietnam veterans'  resi-
 dent  children born with Spina Bifida enrolled in approved undergraduate
 or graduate programs at degree granting institutions. For the purpose of
 this section, "Vietnam veteran" shall mean a person who served in  Indo-
 china  at  any  time  from  the [twenty-second day of December, nineteen
 hundred sixty-one] FIRST DAY OF NOVEMBER, NINETEEN  HUNDRED  FIFTY-FIVE,
 to  and  including the seventh day of May, nineteen hundred seventy-five
 and (a) was honorably discharged from the armed  forces  of  the  United
 States,  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 the armed forces of the United
 States, 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 the armed forces of the United
 States; "born with Spina Bifida" shall mean a diagnosis at birth of such
 disease inclusive of all forms, manifestations, complications and  asso-
 ciated  medical  conditions  thereof, but shall not include Spina Bifida
 Occulta. Such diagnosis shall be in accordance with  the  provisions  of
 the  federal  Spina Bifida program and shall be documented by the United
 States Administration of Veterans' Affairs.
   § 5. Paragraph a of subdivision 1 of section 669-a  of  the  education
 law,  as  amended by chapter 490 of the laws of 2019, is amended to read
 as follows:
   a. "Vietnam veteran" means (i) a person who  is  a  resident  of  this
 state, (ii) who served in the armed forces of the United States in Indo-
 china  at  any  time  from  the [twenty-eighth day of February, nineteen
 hundred sixty-one] FIRST DAY OF NOVEMBER, NINETEEN  HUNDRED  FIFTY-FIVE,
 to  and including the seventh day of May, nineteen hundred seventy-five,
 and (iii) who was either discharged  therefrom  under  honorable  condi-
 tions, including but not limited to honorable discharge, discharge under
 honorable  conditions,  or general discharge, or 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  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.
   §  6.  Paragraph  (f)  of  subdivision 1 of section 2632 of the public
 health law, as amended by chapter 414 of the laws of 2015, is amended to
 read as follows:
   (f)  Viet  Nam  conflict  between  [February  twenty-eighth,  nineteen
 hundred  sixty-one]  NOVEMBER FIRST, NINETEEN HUNDRED FIFTY-FIVE and May
 seventh, nineteen hundred seventy-five, both inclusive; or
   § 7. Subparagraph 4 of paragraph (c) of subdivision 1 of section 85 of
 the civil service law, as amended by chapter 179 of the laws of 2006, is
 amended to read as follows:

 S. 7124--A                          3

   (4) Hostilities participated in by the military forces of  the  United
 States,  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.
   §  8. 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
 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

 S. 7124--A                          4
 
 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
 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] 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 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.
   § 9. Subparagraph 1 of paragraph b of subdivision 1 of section 156  of
 the  public  housing law, as amended by chapter 179 of the laws of 2006,
 is amended to read as follows:
   (1) have served in the armed forces of the United States for a  period
 of  at  least  six months (or any shorter period which terminated due to
 death or injury incurred in such service), provided some portion of  the
 period  of service was between the [twenty-eighth day of February, nine-

 S. 7124--A                          5

 teen hundred sixty-one] FIRST OF NOVEMBER, NINETEEN  HUNDRED  FIFTY-FIVE
 to the seventh day of May, nineteen hundred seventy-five, and
   §  10.  Paragraph  7  of  subdivision  2  of section 168 of the social
 services law, as amended by chapter 179 of the laws of 2006, is  amended
 to read as follows:
   (7)  Viet Nam conflict; from the [twenty-eighth day of February, nine-
 teen hundred sixty-one] FIRST OF NOVEMBER, NINETEEN  HUNDRED  FIFTY-FIVE
 to and including the seventh day of May, nineteen hundred seventy-five.
   § 11. This act shall take effect immediately.