Amd §458-a, RPT L; amd §364, Exec L; amd §§668, 668-c & 669-a, Ed L; amd §2632, Pub Health L; amd §85, Civ
Serv L; amd §63, Pub Off L; amd §156, Pub Hous L; amd §168, Soc Serv L
Conforms 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.
STATE OF NEW YORK
________________________________________________________________________
7388--B
2021-2022 Regular Sessions
IN ASSEMBLY
May 6, 2021
___________
Introduced by M. of A. BARRETT, HUNTER, BURDICK, BUTTENSCHON -- read
once and referred to the Committee on Veterans' Affairs -- reported
and referred to the Committee on Ways and Means -- reported and
referred to the Committee on Rules -- Rules Committee discharged, bill
amended, ordered reprinted as amended and recommitted to the Committee
on Rules -- Rules Committee discharged, bill amended, ordered
reprinted as amended and recommitted to the Committee on Rules
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:
1 Section 1. Paragraph (a) of subdivision 1 of section 458-a of the
2 real property tax law, as amended by chapter 179 of the laws of 2006, is
3 amended to read as follows:
4 (a) "Period of war" means the Spanish-American war; the Mexican border
5 period; World War I; World War II; the hostilities, known as the Korean
6 war, which commenced June twenty-seventh, nineteen hundred fifty and
7 terminated on January thirty-first, nineteen hundred fifty-five; the
8 hostilities, known as the Vietnam war, which commenced [February twen-
9 ty-eighth, nineteen hundred sixty-one] November first, nineteen hundred
10 fifty-five and terminated on May seventh, nineteen hundred seventy-five;
11 and the hostilities, known as the Persian Gulf conflict, which commenced
12 August second, nineteen hundred ninety.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD09996-08-1
A. 7388--B 2
1 § 2. Clause 7 of subparagraph (v) of paragraph a of subdivision 1 of
2 section 364 of the executive law, as amended by chapter 490 of the laws
3 of 2019, is amended to read as follows:
4 (7) in the Vietnam conflict from the [twenty-eighth day of February,
5 nineteen hundred sixty-one] first day of November, nineteen hundred
6 fifty-five to the seventh day of May, nineteen hundred seventy-five;
7 § 3. Paragraph (d) of subdivision 1 of section 668 of the education
8 law, as amended by chapter 261 of the laws of 1995, is amended to read
9 as follows:
10 (d) [December twenty-second, nineteen hundred sixty-one] November
11 first, nineteen hundred fifty-five to May seventh, nineteen hundred
12 seventy-five.
13 § 4. Subdivision 1 of section 668-c of the education law, as amended
14 by chapter 490 of the laws of 2019, is amended to read as follows:
15 1. Eligible students. Awards shall be made to Vietnam veterans' resi-
16 dent children born with Spina Bifida enrolled in approved undergraduate
17 or graduate programs at degree granting institutions. For the purpose of
18 this section, "Vietnam veteran" shall mean a person who served in Indo-
19 china at any time from the [twenty-second day of December, nineteen
20 hundred sixty-one] first day of November, nineteen hundred fifty-five,
21 to and including the seventh day of May, nineteen hundred seventy-five
22 and (a) was honorably discharged from the armed forces of the United
23 States, or (b) has a qualifying condition, as defined in section three
24 hundred fifty of the executive law, and has received a discharge other
25 than bad conduct or dishonorable from the armed forces of the United
26 States, or (c) is a discharged LGBT veteran, as defined in section three
27 hundred fifty of the executive law, and has received a discharge other
28 than bad conduct or dishonorable from the armed forces of the United
29 States; "born with Spina Bifida" shall mean a diagnosis at birth of such
30 disease inclusive of all forms, manifestations, complications and asso-
31 ciated medical conditions thereof, but shall not include Spina Bifida
32 Occulta. Such diagnosis shall be in accordance with the provisions of
33 the federal Spina Bifida program and shall be documented by the United
34 States Administration of Veterans' Affairs.
35 § 5. Paragraph a of subdivision 1 of section 669-a of the education
36 law, as amended by chapter 490 of the laws of 2019, is amended to read
37 as follows:
38 a. "Vietnam veteran" means (i) a person who is a resident of this
39 state, (ii) who served in the armed forces of the United States in Indo-
40 china at any time from the [twenty-eighth day of February, nineteen
41 hundred sixty-one] first day of November, nineteen hundred fifty-five,
42 to and including the seventh day of May, nineteen hundred seventy-five,
43 and (iii) who was either discharged therefrom under honorable condi-
44 tions, including but not limited to honorable discharge, discharge under
45 honorable conditions, or general discharge, or has a qualifying condi-
46 tion, as defined in section three hundred fifty of the executive law,
47 and has received a discharge other than bad conduct or dishonorable from
48 such service, or is a discharged LGBT veteran, as defined in section
49 three hundred fifty of the executive law, and has received a discharge
50 other than bad conduct or dishonorable from such service.
51 § 6. Paragraph (f) of subdivision 1 of section 2632 of the public
52 health law, as amended by chapter 414 of the laws of 2015, is amended to
53 read as follows:
54 (f) Viet Nam conflict between [February twenty-eighth, nineteen
55 hundred sixty-one] November first, nineteen hundred fifty-five and May
56 seventh, nineteen hundred seventy-five, both inclusive; or
A. 7388--B 3
1 § 7. Subparagraph 4 of paragraph (c) of subdivision 1 of section 85 of
2 the civil service law, as amended by chapter 179 of the laws of 2006, is
3 amended to read as follows:
4 (4) Hostilities participated in by the military forces of the United
5 States, from the [twenty-eighth day of February, nineteen hundred
6 sixty-one] first day of November, nineteen hundred fifty-five to the
7 seventh day of May, nineteen hundred seventy-five.
8 § 8. Section 63 of the public officers law, as amended by chapter 490
9 of the laws of 2019, is amended to read as follows:
10 § 63. Leave of absence for veterans on Memorial day and Veterans' day.
11 It shall be the duty of the head of every public department and of every
12 court of the state of New York, of every superintendent or foreman on
13 the public works of said state, of the county officers of the several
14 counties of said state, of the town officers of the various towns in
15 this state, of the fire district officers of the various fire districts
16 in this state, and of the head of every department, bureau and office in
17 the government of the various cities and villages in this state, and the
18 officers of any public benefit corporation or any public authority of
19 this state, or of any public benefit corporation or public authority of
20 any county or subdivision of this state, to give leave of absence with
21 pay for twenty-four hours on the day prescribed by law as a public holi-
22 day for the observance of Memorial day and on the eleventh day of Novem-
23 ber, known as Veterans' day, to every person in the service of the
24 state, the county, the town, the fire district, the city or village, the
25 public benefit corporation or public authority of this state, or any
26 public benefit corporation or public authority of any county or subdivi-
27 sion of this state, as the case may be, (i) who served on active duty in
28 the armed forces of the United States during world war I or world war
29 II, or who was employed by the War Shipping Administration or Office of
30 Defense Transportation or their agents as a merchant seaman documented
31 by the United States Coast Guard or Department of Commerce, or as a
32 civil servant employed by the United States Army Transport Service
33 (later redesignated as the United States Army Transportation Corps,
34 Water Division) or the Naval Transportation Service; and who served
35 satisfactorily as a crew member during the period of armed conflict,
36 December seventh, nineteen hundred forty-one, to August fifteenth, nine-
37 teen hundred forty-five, aboard merchant vessels in oceangoing, i.e.,
38 foreign, intercoastal, or coastwise service as such terms are defined
39 under federal law (46 USCA 10301 & 10501) and further to include "near
40 foreign" voyages between the United States and Canada, Mexico, or the
41 West Indies via ocean routes, or public vessels in oceangoing service or
42 foreign waters and who has received a Certificate of Release or
43 Discharge from Active Duty and a discharge certificate, or an Honorable
44 Service Certificate/Report of Casualty, from the Department of Defense,
45 or who served as a United States civilian employed by the American Field
46 Service and served overseas under United States Armies and United States
47 Army Groups in world war II during the period of armed conflict, Decem-
48 ber seventh, nineteen hundred forty-one through May eighth, nineteen
49 hundred forty-five, and who (a) was discharged or released therefrom
50 under honorable conditions, or (b) has a qualifying condition, as
51 defined in section three hundred fifty of the executive law, and has
52 received a discharge other than bad conduct or dishonorable from such
53 service, or (c) is a discharged LGBT veteran, as defined in section
54 three hundred fifty of the executive law, and has received a discharge
55 other than bad conduct or dishonorable from such service or who served
56 as a United States civilian Flight Crew and Aviation Ground Support
A. 7388--B 4
1 Employee of Pan American World Airways or one of its subsidiaries or its
2 affiliates and served overseas as a result of Pan American's contract
3 with Air Transport Command or Naval Air Transport Service during the
4 period of armed conflict, December fourteenth, nineteen hundred forty-
5 one through August fourteenth, nineteen hundred forty-five, and who (d)
6 was discharged or released therefrom under honorable conditions, or (e)
7 has a qualifying condition, as defined in section three hundred fifty of
8 the executive law, and has received a discharge other than bad conduct
9 or dishonorable from such service, or (f) is a discharged LGBT veteran,
10 as defined in section three hundred fifty of the executive law, and has
11 received a discharge other than bad conduct or dishonorable from such
12 service or during the period of the Korean conflict at any time between
13 the dates of June twenty-seventh, nineteen hundred fifty and January
14 thirty-first, nineteen hundred fifty-five, or during the period of the
15 Vietnam conflict from the twenty-eighth day of February, nineteen
16 hundred sixty-one to the seventh day of May, nineteen hundred seventy-
17 five, or (ii) who served on active duty in the armed forces of the
18 United States and who was a recipient of the armed forces expeditionary
19 medal, navy expeditionary medal or marine corps expeditionary medal for
20 participation in operations in Lebanon from June first, nineteen hundred
21 eighty-three to December first, nineteen hundred eighty-seven, in Grena-
22 da from October twenty-third, nineteen hundred eighty-three to November
23 twenty-first, nineteen hundred eighty-three, or in Panama from December
24 twentieth, nineteen hundred eighty-nine to January thirty-first, nine-
25 teen hundred ninety, or (iii) who served in the armed forces of a
26 foreign country allied with the United States during world war I or
27 world war II, or during the period of the Korean conflict at any time
28 between June twenty-seventh, nineteen hundred fifty and January thirty-
29 first, nineteen hundred fifty-five, or during the period of the Vietnam
30 conflict from the [twenty-eighth day of February, nineteen hundred
31 sixty-one] first day of November, nineteen hundred fifty-five to the
32 seventh day of May, nineteen hundred seventy-five, or during the period
33 of the Persian Gulf conflict from the second day of August, nineteen
34 hundred ninety to the end of such conflict, or who served on active duty
35 in the army or navy or marine corps or air force or coast guard of the
36 United States, and who (a) was honorably discharged or separated from
37 such service under honorable conditions, or (b) has a qualifying condi-
38 tion, as defined in section three hundred fifty of the executive law,
39 and has received a discharge other than bad conduct or dishonorable from
40 such service, or (c) is a discharged LGBT veteran, as defined in section
41 three hundred fifty of the executive law, and has received a discharge
42 other than bad conduct or dishonorable from such service except where
43 such action would endanger the public safety or the safety or health of
44 persons cared for by the state, in which event such persons shall be
45 entitled to leave of absence with pay on another day in lieu thereof.
46 All such persons who are compensated on a per diem, hourly, semi-monthly
47 or monthly basis, with or without maintenance, shall also be entitled to
48 leave of absence with pay under the provisions of this section and no
49 deduction in vacation allowance or budgetary allowable number of working
50 days shall be made in lieu thereof. A refusal to give such leave of
51 absence to one entitled thereto shall be neglect of duty.
52 § 9. Subparagraph 1 of paragraph b of subdivision 1 of section 156 of
53 the public housing law, as amended by chapter 179 of the laws of 2006,
54 is amended to read as follows:
55 (1) have served in the armed forces of the United States for a period
56 of at least six months (or any shorter period which terminated due to
A. 7388--B 5
1 death or injury incurred in such service), provided some portion of the
2 period of service was between the [twenty-eighth day of February, nine-
3 teen hundred sixty-one] first of November, nineteen hundred fifty-five
4 to the seventh day of May, nineteen hundred seventy-five, and
5 § 10. Paragraph 7 of subdivision 2 of section 168 of the social
6 services law, as amended by chapter 179 of the laws of 2006, is amended
7 to read as follows:
8 (7) Viet Nam conflict; from the [twenty-eighth day of February, nine-
9 teen hundred sixty-one] first of November, nineteen hundred fifty-five
10 to and including the seventh day of May, nineteen hundred seventy-five.
11 § 11. This act shall take effect immediately.
