- Summary
- Actions
- Committee Votes
- Floor Votes
- Memo
- Text
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- Chamber Video/Transcript
A07388 Summary:
BILL NO | A07388B |
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SAME AS | SAME AS S07124-A |
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SPONSOR | Barrett |
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COSPNSR | Hunter, Burdick, Buttenschon, Griffin, Lupardo, Perry, Otis |
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MLTSPNSR | |
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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. |
A07388 Actions:
BILL NO | A07388B | |||||||||||||||||||||||||||||||||||||||||||||||||
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05/06/2021 | referred to veterans' affairs | |||||||||||||||||||||||||||||||||||||||||||||||||
05/12/2021 | reported referred to ways and means | |||||||||||||||||||||||||||||||||||||||||||||||||
05/19/2021 | reported referred to rules | |||||||||||||||||||||||||||||||||||||||||||||||||
05/26/2021 | amend and recommit to rules 7388a | |||||||||||||||||||||||||||||||||||||||||||||||||
06/03/2021 | amend (t) and recommit to rules | |||||||||||||||||||||||||||||||||||||||||||||||||
06/03/2021 | print number 7388b | |||||||||||||||||||||||||||||||||||||||||||||||||
06/07/2021 | reported | |||||||||||||||||||||||||||||||||||||||||||||||||
06/07/2021 | rules report cal.475 | |||||||||||||||||||||||||||||||||||||||||||||||||
06/07/2021 | ordered to third reading rules cal.475 | |||||||||||||||||||||||||||||||||||||||||||||||||
06/07/2021 | passed assembly | |||||||||||||||||||||||||||||||||||||||||||||||||
06/07/2021 | delivered to senate | |||||||||||||||||||||||||||||||||||||||||||||||||
06/07/2021 | REFERRED TO RULES | |||||||||||||||||||||||||||||||||||||||||||||||||
06/08/2021 | SUBSTITUTED FOR S7124A | |||||||||||||||||||||||||||||||||||||||||||||||||
06/08/2021 | 3RD READING CAL.1592 | |||||||||||||||||||||||||||||||||||||||||||||||||
06/08/2021 | PASSED SENATE | |||||||||||||||||||||||||||||||||||||||||||||||||
06/08/2021 | RETURNED TO ASSEMBLY | |||||||||||||||||||||||||||||||||||||||||||||||||
11/10/2021 | delivered to governor | |||||||||||||||||||||||||||||||||||||||||||||||||
11/11/2021 | signed chap.606 |
A07388 Committee Votes:
Barrett | Aye | Ashby | Aye | ||||||
Nolan | Excused | Morinello | Aye | ||||||
Cusick | Aye | Hawley | Aye | ||||||
Santabarbara | Aye | McDonough | Aye | ||||||
Hunter | Aye | Manktelow | Aye | ||||||
Pheffer Amato | Aye | ||||||||
Wallace | Aye | ||||||||
Stern | Aye | ||||||||
Jones | Aye | ||||||||
Buttenschon | Aye | ||||||||
Barnwell | Aye | ||||||||
Rajkumar | Aye | ||||||||
Septimo | Aye | ||||||||
Burdick | Aye | ||||||||
Weinstein | Aye | Ra | Aye | ||||||
Glick | Aye | Fitzpatrick | Aye | ||||||
Nolan | Excused | Hawley | Aye | ||||||
Pretlow | Aye | Montesano | Aye | ||||||
Perry | Aye | Blankenbush | Aye | ||||||
Colton | Aye | Norris | Aye | ||||||
Cook | Aye | Brabenec | Aye | ||||||
Cahill | Aye | Palmesano | Aye | ||||||
Aubry | Aye | Byrne | Aye | ||||||
Cusick | Aye | Ashby | Aye | ||||||
Benedetto | Aye | ||||||||
Weprin | Aye | ||||||||
Rodriguez | Aye | ||||||||
Ramos | Excused | ||||||||
Braunstein | Aye | ||||||||
McDonald | Aye | ||||||||
Rozic | Aye | ||||||||
Dinowitz | Aye | ||||||||
Joyner | Excused | ||||||||
Magnarelli | Aye | ||||||||
Zebrowski | Aye | ||||||||
Bronson | Aye | ||||||||
Dilan | Aye | ||||||||
Seawright | Aye | ||||||||
Hyndman | Aye | ||||||||
Heastie | Excused | Barclay | Aye | ||||||
Gottfried | Aye | Hawley | Aye | ||||||
Nolan | Excused | Giglio | Aye | ||||||
Weinstein | Aye | Blankenbush | Aye | ||||||
Pretlow | Aye | Norris | Aye | ||||||
Cook | Aye | Montesano | Aye | ||||||
Glick | Aye | Ra | Aye | ||||||
Aubry | Aye | Brabenec | Aye | ||||||
Englebright | Aye | ||||||||
Dinowitz | Aye | ||||||||
Colton | Aye | ||||||||
Magnarelli | Aye | ||||||||
Perry | Aye | ||||||||
Paulin | Aye | ||||||||
Peoples-Stokes | Aye | ||||||||
Benedetto | Aye | ||||||||
Lavine | Aye | ||||||||
Lupardo | Aye | ||||||||
Zebrowski | Aye | ||||||||
Thiele | Aye | ||||||||
Braunstein | Aye | ||||||||
Dickens | Aye | ||||||||
Davila | Aye | ||||||||
Go to top
A07388 Floor Votes:
Yes
Abbate
Yes
Clark
Yes
Frontus
Yes
Lalor
Yes
Paulin
Yes
Sillitti
Yes
Abinanti
Yes
Colton
Yes
Galef
Yes
Lavine
Yes
Peoples-Stokes
Yes
Simon
Yes
Anderson
Yes
Conrad
Yes
Gallagher
Yes
Lawler
Yes
Perry
Yes
Simpson
Yes
Angelino
Yes
Cook
Yes
Gallahan
Yes
Lemondes
Yes
Pheffer Amato
Yes
Smith
Yes
Ashby
Yes
Cruz
Yes
Gandolfo
Yes
Lunsford
Yes
Pichardo
Yes
Smullen
Yes
Aubry
Yes
Cusick
Yes
Giglio JA
Yes
Lupardo
Yes
Pretlow
Yes
Solages
Yes
Barclay
Yes
Cymbrowitz
Yes
Giglio JM
Yes
Magnarelli
Yes
Quart
Yes
Steck
Yes
Barnwell
Yes
Darling
Yes
Glick
Yes
Mamdani
Yes
Ra
Yes
Stern
Yes
Barrett
Yes
Davila
Yes
Gonzalez-Rojas
Yes
Manktelow
Yes
Rajkumar
Yes
Stirpe
Yes
Barron
Yes
De La Rosa
Yes
Goodell
Yes
McDonald
Yes
Ramos
Yes
Tague
Yes
Benedetto
Yes
DeStefano
Yes
Gottfried
Yes
McDonough
Yes
Reilly
Yes
Tannousis
Yes
Bichotte Hermel
Yes
Dickens
Yes
Griffin
Yes
McMahon
Yes
Reyes
Yes
Taylor
Yes
Blankenbush
Yes
Dilan
Yes
Gunther
Yes
Meeks
Yes
Richardson
Yes
Thiele
Yes
Brabenec
Yes
Dinowitz
Yes
Hawley
Yes
Mikulin
Yes
Rivera J
Yes
Vanel
Yes
Braunstein
Yes
DiPietro
Yes
Hevesi
Yes
Miller B
Yes
Rivera JD
Yes
Walczyk
Yes
Bronson
Yes
Durso
Yes
Hunter
Yes
Miller M
Yes
Rodriguez
Yes
Walker
Yes
Brown
Yes
Eichenstein
Yes
Hyndman
Yes
Mitaynes
Yes
Rosenthal D
Yes
Wallace
Yes
Burdick
Yes
Englebright
Yes
Jackson
Yes
Montesano
Yes
Rosenthal L
Yes
Walsh
Yes
Burgos
Yes
Epstein
Yes
Jacobson
Yes
Morinello
Yes
Rozic
Yes
Weinstein
Yes
Burke
Yes
Fahy
Yes
Jean-Pierre
Yes
Niou
Yes
Salka
Yes
Weprin
Yes
Buttenschon
Yes
Fall
Yes
Jensen
Yes
Nolan
Yes
Santabarbara
Yes
Williams
Yes
Byrne
Yes
Fernandez
Yes
Jones
Yes
Norris
Yes
Sayegh
Yes
Woerner
Yes
Byrnes
Yes
Fitzpatrick
Yes
Joyner
Yes
O'Donnell
Yes
Schmitt
Yes
Zebrowski
Yes
Cahill
ER
Forrest
Yes
Kelles
Yes
Otis
Yes
Seawright
Yes
Zinerman
Yes
Carroll
Yes
Friend
Yes
Kim
Yes
Palmesano
Yes
Septimo
Yes
Mr. Speaker
‡ Indicates voting via videoconference
A07388 Text:
Go to top 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-9ty-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. LBD09996-08-1A. 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,5nineteen 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, nineteen20hundred 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, nineteen41hundred 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, nineteen55hundred sixty-one] November first, nineteen hundred fifty-five and May 56 seventh, nineteen hundred seventy-five, both inclusive; orA. 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 hundred6sixty-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 SupportA. 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 hundred31sixty-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 toA. 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-3teen 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-9teen 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.