New York State Assembly

 
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A07605 Summary:

A07605 Actions:

A07605 Committee Votes:

Committee:VETERANS' AFFAIRS   Chair:Barrett      
DATE:05/25/2021AYE/NAY:17/0  Action: Favorable refer to committee Ways and Means        
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
Excused
Burdick
Aye

Committee:WAYS AND MEANS   Chair:Weinstein      
DATE:05/26/2021AYE/NAY:34/0  Action: Favorable refer to committee Rules        
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
Aye
Braunstein
Aye
McDonald
Aye
Rozic
Aye
Dinowitz
Aye
Joyner
Aye
Magnarelli
Aye
Zebrowski
Aye
Bronson
Aye
Dilan
Aye
Seawright
Aye
Hyndman
Aye

Committee:RULES   Chair:Heastie      
DATE:06/02/2021AYE/NAY:30/0  Action: Favorable         
Heastie
Aye
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

A07605 Floor Votes:

A07605 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         7605--A
                                                                Cal. No. 259
 
                               2021-2022 Regular Sessions
 
                   IN ASSEMBLY
 
                                      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:
 
     1    Section  1.  Subparagraph  (A)  of  paragraph 2 of subsection (a-2) of
     2  section 606 of the tax law, as amended by chapter 490  of  the  laws  of
     3  2019, is amended to read as follows:
     4    (A)  who  served  on  active duty in the United States army, navy, air
     5  force, marine corps, coast guard or the reserves thereof, or who  served
     6  in  active military service of the United States as a member of the army
     7  national guard, air national guard, New York guard  or  New  York  naval
     8  militia,  or  who  served  as  a member of the commissioned corps of the
     9  national oceanic and atmospheric administration  or  the  United  States
    10  public  health service; who (i) was released from active duty by general
    11  or honorable discharge after September eleventh, two  thousand  one,  or
    12  (ii)  has  a  qualifying  condition, as defined in section three hundred
    13  fifty of the executive law, and has received a discharge other than  bad
    14  conduct  or dishonorable from such service after September eleventh, two
    15  thousand one, or (iii) is a  discharged  LGBT  veteran,  as  defined  in
    16  section  three  hundred  fifty  of the executive law, and has received a
    17  discharge other than bad conduct or dishonorable from such service after
    18  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
 
     1    § 2. Subparagraph (A) of paragraph 2 of subsection  (g-1)  of  section
     2  1511  of  the tax law, as amended by chapter 490 of the laws of 2019, is
     3  amended to read as follows:
     4    (A)  who  served  on  active duty in the United States army, navy, air
     5  force, marine corps, coast guard or the reserves thereof, or who  served
     6  in  active military service of the United States as a member of the army
     7  national guard, air national guard, New York guard  or  New  York  naval
     8  militia,  or  who  served on active duty as a member of the commissioned
     9  corps of the national oceanic  and  atmospheric  administration  or  the
    10  United  States  public  health service; who (i) was released from active
    11  duty by general or honorable discharge  after  September  eleventh,  two
    12  thousand  one, or (ii) has a qualifying condition, as defined in section
    13  three hundred fifty of the executive law, and has received  a  discharge
    14  other than bad conduct or dishonorable from such service after September
    15  eleventh,  two  thousand  one, or (iii) is a discharged LGBT veteran, as
    16  defined in section three hundred fifty of the  executive  law,  and  has
    17  received  a  discharge  other than bad conduct or dishonorable from such
    18  service after September eleventh, two thousand one;
    19    § 3. Subparagraph 1 of paragraph (b)  of  subdivision  29  of  section
    20  210-B  of the tax law, as amended by chapter 490 of the laws of 2019, is
    21  amended to read as follows:
    22    (1) who served on active duty in the United  States  army,  navy,  air
    23  force,  marine corps, coast guard or the reserves thereof, or who served
    24  in active military service of the United States as a member of the  army
    25  national  guard,  air  national  guard, New York guard or New York naval
    26  militia, or who served on active duty as a member  of  the  commissioned
    27  corps  of  the  national  oceanic  and atmospheric administration or the
    28  United States public health service; who (i) was  released  from  active
    29  duty  by  general  or  honorable discharge after September eleventh, two
    30  thousand one, or (ii) has a qualifying condition, as defined in  section
    31  three  hundred  fifty of the executive law, and has received a discharge
    32  other than bad conduct or dishonorable from such service after September
    33  eleventh, two thousand one, or (iii) is a discharged  LGBT  veteran,  as
    34  defined  in  section  three  hundred fifty of the executive law, and has
    35  received a discharge other than bad conduct or  dishonorable  from  such
    36  service after September eleventh, two thousand one;
    37    §  4. Subdivisions 3 and 9 of section 350 of the executive law, subdi-
    38  vision 9 as added by chapter 490 of the laws of  2019,  are  amended  to
    39  read as follows:
    40    3. The term "veteran" means a person, male or female, resident of this
    41  state,  who  has  served  in the active military or naval service of the
    42  United States or the active service of the  commissioned  corps  of  the
    43  national  oceanic  and  atmospheric  administration or the United States
    44  public health service during a war in which the  United  States  engaged
    45  and  who has been released from such service otherwise than by dishonor-
    46  able discharge, or who has been furloughed to the reserve.
    47    9. The  term  "discharged  LGBT  veteran"  means  a  veteran  who  was
    48  discharged  less  than  honorably  from military or naval service or the
    49  commissioned corps of the  national  oceanic  and  atmospheric  adminis-
    50  tration  or  the United States public health service due to their sexual
    51  orientation or gender identity or expression, as those terms are defined
    52  in section two  hundred  ninety-two  of  this  chapter,  or  statements,
    53  consensual  sexual conduct, or consensual acts relating to sexual orien-
    54  tation, gender identity or expression, or the disclosure of such  state-
    55  ments,  conduct,  or acts, that were prohibited by the military or naval
    56  service at the  time  of  discharge.  The  division  shall  establish  a
        A. 7605--A                          3
 
     1  consistent  and uniform process to determine whether a veteran qualifies
     2  as a discharged LGBT veteran under this  subdivision,  including,  at  a
     3  minimum, standards for verifying a veteran's status as a discharged LGBT
     4  veteran,  and a method of demonstrating eligibility as a discharged LGBT
     5  veteran.
     6    § 5. The opening paragraph of paragraph a and paragraph c of  subdivi-
     7  sion  1  of  section  364 of the executive law, the opening paragraph of
     8  paragraph a as amended by chapter 490 of the laws of 2019 and  paragraph
     9  c  as  added  by chapter 751 of the laws of 1985, are amended to read as
    10  follows:
    11    The word "veteran," as used in this article shall be taken to mean and
    12  include any person who is a resident of the state of New York,  and  who
    13  (i) has been or may be given an honorable, general or ordinary discharge
    14  or  any  other  form of release from such service, except a dishonorable
    15  discharge,  a  bad  conduct  discharge,  an  undesirable  discharge,   a
    16  discharge  without  honor or a discharge for the good of the service, or
    17  (ii) has a qualifying condition, as defined  in  section  three  hundred
    18  fifty  of  this  article,  and  has  received a discharge other than bad
    19  conduct or dishonorable from such service, or (iii) is a discharged LGBT
    20  veteran, as defined in section three hundred fifty of this article,  and
    21  has  received  a  discharge  other than bad conduct or dishonorable from
    22  such service, and who (iv) was a recipient of the armed  forces  expedi-
    23  tionary  medal, the navy expeditionary medal or the marine corps expedi-
    24  tionary medal for participation  in  operations  in  Lebanon  from  June
    25  first, nineteen hundred eighty-three to December first, nineteen hundred
    26  eighty-seven,  in  Grenada  from  October twenty-third, nineteen hundred
    27  eighty-three to November twenty-first, nineteen hundred eighty-three, or
    28  in Panama from December twentieth, nineteen hundred eighty-nine to Janu-
    29  ary thirty-first, nineteen hundred ninety, or (v) served in the  commis-
    30  sioned  corps  of the national oceanic and atmospheric administration or
    31  the United States public health service, or (vi) served on  active  duty
    32  for  ninety days or more in the armed forces of the United States during
    33  any one of the following wars or hostilities:
    34    c. The term "active duty" as used in this article shall mean full time
    35  duty in the armed forces or  the  commissioned  corps  of  the  national
    36  oceanic  and  atmospheric  administration  or  the  United States public
    37  health service, other than active duty for training; provided,  however,
    38  that  "active  duty"  shall  also  include any period of active duty for
    39  training during which the individual concerned was disabled or died from
    40  a disease or injury incurred or aggravated during such period.
    41    § 6. Subdivision 3 of section 369-b of the executive law, as added  by
    42  chapter 557 of the laws of 2013, is amended to read as follows:
    43    3. "Veteran" shall mean an individual who served on active duty in the
    44  United  States  army,  navy, marine corps, air force, coast guard or the
    45  reserves component, or who served in  active  military  service  of  the
    46  United  States  as  a  member  of  the army national guard, air national
    47  guard, New York guard or New York naval militia, or who served in active
    48  service as a member of the commissioned corps of  the  national  oceanic
    49  and  atmospheric  administration  or  the  United  States  public health
    50  service, who was released from such service otherwise then by  dishonor-
    51  able discharge after September eleventh, two thousand one.
    52    §  7.  Subdivisions  5  and  7  of section 369-h of the executive law,
    53  subdivision 5 as added by chapter 22 of the laws of 2014 and subdivision
    54  7 as amended by chapter 490 of the laws of 2019, are amended to read  as
    55  follows:
        A. 7605--A                          4
 
     1    5. "Service-disabled veteran" shall mean (a) in the case of the United
     2  States  army, navy, air force, marines, coast guard, army national guard
     3  or air national guard and/or reserves thereof, or the commissioned corps
     4  of the national oceanic and atmospheric  administration  or  the  United
     5  States  public  health  service,  a  veteran who received a compensation
     6  rating of ten percent or greater from the United  States  department  of
     7  veterans affairs or from the United States department of defense because
     8  of  a service-connected disability incurred in the line of duty, and (b)
     9  in the case of the New York guard or the New York naval  militia  and/or
    10  reserves  thereof,  a  veteran  who certifies, pursuant to the rules and
    11  regulations promulgated by the director, to having  incurred  an  injury
    12  equivalent  to  a compensation rating of ten percent or greater from the
    13  United States department of veterans affairs or from the  United  States
    14  department of defense because of a service-connected disability incurred
    15  in the line of duty.
    16    7. "Veteran" shall mean a person who served in the United States army,
    17  navy,  air  force, marines, coast guard, and/or reserves thereof, and/or
    18  in the army national guard, air national guard, New  York  guard  and/or
    19  the New York naval militia, and/or who served as a member of the commis-
    20  sioned  corps  of  the  national  oceanic and atmospheric administration
    21  and/or the United States public health service and who (i) has  received
    22  an honorable or general discharge from such service, or (ii) has a qual-
    23  ifying  condition,  as  defined  in  section three hundred fifty of this
    24  chapter, and  has  received  a  discharge  other  than  bad  conduct  or
    25  dishonorable  from  such service, or (iii) is a discharged LGBT veteran,
    26  as defined in section three hundred  fifty  of  this  chapter,  and  has
    27  received  a  discharge  other than bad conduct or dishonorable from such
    28  service.
    29    § 8. Subdivision 6 of section 210 of the economic development law,  as
    30  amended  by  chapter  490  of  the  laws  of 2019, is amended to read as
    31  follows:
    32    6. "Veteran" shall mean a person who served in the United States army,
    33  navy, air force, marines, coast guard, and/or reserves  thereof,  and/or
    34  in  the  army  national guard, air national guard, New York guard and/or
    35  the New York naval militia, and/or who served as a member of the commis-
    36  sioned corps of the  national  oceanic  and  atmospheric  administration
    37  and/or  the United States public health service and who (a) has received
    38  an honorable or general discharge from such service, or (b) has a quali-
    39  fying condition, as defined in section three hundred fifty of the execu-
    40  tive law, and has  received  a  discharge  other  than  bad  conduct  or
    41  dishonorable  from such service, or (c) is a discharged LGBT veteran, as
    42  defined in section three hundred fifty of the  executive  law,  and  has
    43  received  a  discharge  other than bad conduct or dishonorable from such
    44  service.
    45    § 9. Section 63 of the public officers law, as amended by chapter  606
    46  of the laws of 2021, is amended to read as follows:
    47    § 63. Leave of absence for veterans on Memorial day and Veterans' day.
    48  It shall be the duty of the head of every public department and of every
    49  court  of  the  state of New York, of every superintendent or foreman on
    50  the public works of said state, of the county officers  of  the  several
    51  counties  of  said  state,  of the town officers of the various towns in
    52  this state, of the fire district officers of the various fire  districts
    53  in this state, and of the head of every department, bureau and office in
    54  the government of the various cities and villages in this state, and the
    55  officers  of  any  public benefit corporation or any public authority of
    56  this state, or of any public benefit corporation or public authority  of
        A. 7605--A                          5
 
     1  any  county  or subdivision of this state, to give leave of absence with
     2  pay for twenty-four hours on the day prescribed by law as a public holi-
     3  day for the observance of Memorial day and on the eleventh day of Novem-
     4  ber,  known  as  Veterans'  day,  to  every person in the service of the
     5  state, the county, the town, the fire district, the city or village, the
     6  public benefit corporation or public authority of  this  state,  or  any
     7  public benefit corporation or public authority of any county or subdivi-
     8  sion of this state, as the case may be, (i) who served on active duty in
     9  the  armed  forces  of the United States during world war I or world war
    10  II, or who was employed by the War Shipping Administration or Office  of
    11  Defense  Transportation  or their agents as a merchant seaman documented
    12  by the United States Coast Guard or Department  of  Commerce,  or  as  a
    13  civil  servant  employed  by  the  United  States Army Transport Service
    14  (later redesignated as the  United  States  Army  Transportation  Corps,
    15  Water  Division)  or  the  Naval  Transportation Service; and who served
    16  satisfactorily as a crew member during the  period  of  armed  conflict,
    17  December seventh, nineteen hundred forty-one, to August fifteenth, nine-
    18  teen  hundred  forty-five,  aboard merchant vessels in oceangoing, i.e.,
    19  foreign, intercoastal, or coastwise service as such  terms  are  defined
    20  under  federal  law (46 USCA 10301 & 10501) and further to include "near
    21  foreign" voyages between the United States and Canada,  Mexico,  or  the
    22  West Indies via ocean routes, or public vessels in oceangoing service or
    23  foreign  waters  and  who  has  received  a  Certificate  of  Release or
    24  Discharge from Active Duty and a discharge certificate, or an  Honorable
    25  Service  Certificate/Report of Casualty, from the Department of Defense,
    26  or who served as a United States civilian employed by the American Field
    27  Service and served overseas under United States Armies and United States
    28  Army Groups in world war II during the period of armed conflict,  Decem-
    29  ber  seventh,  nineteen  hundred  forty-one through May eighth, nineteen
    30  hundred forty-five, and who (a) was  discharged  or  released  therefrom
    31  under  honorable  conditions,  or  (b)  has  a  qualifying condition, as
    32  defined in section three hundred fifty of the  executive  law,  and  has
    33  received  a  discharge  other than bad conduct or dishonorable from such
    34  service, or (c) is a discharged LGBT  veteran,  as  defined  in  section
    35  three  hundred  fifty of the executive law, and has received a discharge
    36  other than bad conduct or dishonorable from such service or  who  served
    37  as  a  United  States  civilian  Flight Crew and Aviation Ground Support
    38  Employee of Pan American World Airways or one of its subsidiaries or its
    39  affiliates and served overseas as a result of  Pan  American's  contract
    40  with  Air  Transport  Command  or Naval Air Transport Service during the
    41  period of armed conflict, December fourteenth, nineteen  hundred  forty-
    42  one  through August fourteenth, nineteen hundred forty-five, and who (d)
    43  was discharged or released therefrom under honorable conditions, or  (e)
    44  has a qualifying condition, as defined in section three hundred fifty of
    45  the  executive  law, and has received a discharge other than bad conduct
    46  or dishonorable from such service, or (f) is a discharged LGBT  veteran,
    47  as  defined in section three hundred fifty of the executive law, and has
    48  received a discharge other than bad conduct or  dishonorable  from  such
    49  service  or during the period of the Korean conflict at any time between
    50  the dates of June twenty-seventh, nineteen  hundred  fifty  and  January
    51  thirty-first,  nineteen  hundred fifty-five, or during the period of the
    52  Vietnam conflict from  the  [twenty-eighth  day  of  February,  nineteen
    53  hundred sixty-one] first day of November, nineteen hundred fifty-five to
    54  the  seventh  day  of  May,  nineteen  hundred seventy-five, or (ii) who
    55  served on active duty in the armed forces of the United States  and  who
    56  was  a  recipient  of the armed forces expeditionary medal, navy expedi-
        A. 7605--A                          6
 
     1  tionary medal or marine corps expeditionary medal for  participation  in
     2  operations  in Lebanon from June first, nineteen hundred eighty-three to
     3  December first, nineteen hundred eighty-seven, in Grenada  from  October
     4  twenty-third,  nineteen  hundred  eighty-three to November twenty-first,
     5  nineteen hundred eighty-three, or in  Panama  from  December  twentieth,
     6  nineteen  hundred  eighty-nine to January thirty-first, nineteen hundred
     7  ninety, or (iii) who served in the armed forces  of  a  foreign  country
     8  allied  with  the  United  States during world war I or world war II, or
     9  during the period of the Korean conflict at any time between June  twen-
    10  ty-seventh,  nineteen  hundred  fifty and January thirty-first, nineteen
    11  hundred fifty-five, or during the period of the  Vietnam  conflict  from
    12  the  first  day  of November, nineteen hundred fifty-five to the seventh
    13  day of May, nineteen hundred seventy-five, or during the period  of  the
    14  Persian  Gulf  conflict  from the second day of August, nineteen hundred
    15  ninety to the end of such conflict, or who served on active duty in  the
    16  army  or  navy or marine corps or air force or coast guard of the United
    17  States, and who (a) was honorably  discharged  or  separated  from  such
    18  service  under  honorable conditions, or (b) has a qualifying condition,
    19  as defined in section three hundred fifty of the executive law, and  has
    20  received  a  discharge  other than bad conduct or dishonorable from such
    21  service, or (c) is a discharged LGBT  veteran,  as  defined  in  section
    22  three  hundred  fifty of the executive law, and has received a discharge
    23  other than bad conduct or dishonorable from such  service  except  where
    24  such  action would endanger the public safety or the safety or health of
    25  persons cared for by the state, in which event  such  persons  shall  be
    26  entitled to leave of absence with pay on another day in lieu thereof, or
    27  (iv) who served on active duty in the commissioned corps of the national
    28  oceanic  and  atmospheric  administration  or  the  United States public
    29  health service, and who (a) was honorably discharged or  separated  from
    30  such  service under honorable conditions, or (b) has a qualifying condi-
    31  tion, as defined in section three hundred fifty of  the  executive  law,
    32  and has received a discharge other than bad conduct or dishonorable from
    33  such service, or (c) is a discharged LGBT veteran, as defined in section
    34  three  hundred  fifty of the executive law, and has received a discharge
    35  other than bad conduct or dishonorable from such  service  except  where
    36  such  action would endanger the public safety or the safety or health of
    37  persons cared for by the state, in which event  such  persons  shall  be
    38  entitled  to  leave  of absence with pay on another day in lieu thereof.
    39  All such persons who are compensated on a per diem, hourly, semi-monthly
    40  or monthly basis, with or without maintenance, shall also be entitled to
    41  leave of absence with pay under the provisions of this  section  and  no
    42  deduction in vacation allowance or budgetary allowable number of working
    43  days  shall  be  made  in  lieu thereof. A refusal to give such leave of
    44  absence to one entitled thereto shall be neglect of duty.
    45    § 10. Subdivision 4-a of section 458 of the real property tax law,  as
    46  amended  by  chapter  490  of  the  laws  of 2019, is amended to read as
    47  follows:
    48    4-a. For the purposes of this section, the  term  "military  or  naval
    49  services"  shall  be deemed to also include service: (a) by a person who
    50  was employed by the War Shipping Administration  or  Office  of  Defense
    51  Transportation  or  their  agents as a merchant seaman documented by the
    52  United States Coast Guard or Department of Commerce, or as a civil serv-
    53  ant employed by the United States Army Transport Service (later redesig-
    54  nated as the United States Army Transportation Corps, Water Division) or
    55  the Naval Transportation Service; and who  served  satisfactorily  as  a
    56  crew member during the period of armed conflict, December seventh, nine-
        A. 7605--A                          7
 
     1  teen  hundred  forty-one,  to  August fifteenth, nineteen hundred forty-
     2  five, aboard merchant  vessels  in  oceangoing,  i.e.,  foreign,  inter-
     3  coastal,  or  coastwise  service as such terms are defined under federal
     4  law  (46  USCA  10301  &  10501)  and  further to include "near foreign"
     5  voyages between the United States and Canada, Mexico, or the West Indies
     6  via ocean routes, or public vessels in  oceangoing  service  or  foreign
     7  waters  and  who has received a Certificate of Release or Discharge from
     8  Active Duty  and  a  discharge  certificate,  or  an  Honorable  Service
     9  Certificate/Report  of  Casualty,  from  the  department of defense; (b)
    10  service by a United States  civilian  employed  by  the  American  Field
    11  Service who served overseas under United States Armies and United States
    12  Army  Groups in world war II during the period of armed conflict, Decem-
    13  ber seventh, nineteen hundred forty-one  through  May  eighth,  nineteen
    14  hundred  forty-five,  and  who  (i) was discharged or released therefrom
    15  under honorable conditions, or  (ii)  has  a  qualifying  condition,  as
    16  defined  in  section  three  hundred fifty of the executive law, and has
    17  received a discharge other than bad conduct or  dishonorable  from  such
    18  service,  or  (iii)  is a discharged LGBT veteran, as defined in section
    19  three hundred fifty of the executive law, and has received  a  discharge
    20  other  than  bad  conduct  or  dishonorable  from such service; [or] (c)
    21  service by a United States civilian  Flight  Crew  and  Aviation  Ground
    22  Support  Employee  of  Pan  American World Airways or one of its subsid-
    23  iaries or its affiliates who served overseas as a result of  Pan  Ameri-
    24  can's contract with Air Transport Command or Naval Air Transport Service
    25  during  the  period  of  armed  conflict,  December fourteenth, nineteen
    26  hundred forty-one through August  fourteenth,  nineteen  hundred  forty-
    27  five,  and  who (i) was discharged or released therefrom under honorable
    28  conditions, or (ii) has a qualifying condition, as  defined  in  section
    29  three  hundred  fifty of the executive law, and has received a discharge
    30  other than bad conduct or dishonorable from such service, or (iii) is  a
    31  discharged  LGBT  veteran,  as defined in section three hundred fifty of
    32  the executive law, and has received a discharge other than  bad  conduct
    33  or  dishonorable  from  such  service; or (d) service by a member of the
    34  commissioned corps of the  national  oceanic  and  atmospheric  adminis-
    35  tration  or  the  United  States  public  health service and who (i) was
    36  discharged or released therefrom under honorable conditions, or (ii) has
    37  a qualifying condition, as defined in section three hundred fifty of the
    38  executive law, and has received a discharge other than  bad  conduct  or
    39  dishonorable  from  such service, or (iii) is a discharged LGBT veteran,
    40  as defined in section three hundred fifty of the executive law, and  has
    41  received  a  discharge  other than bad conduct or dishonorable from such
    42  service.
    43    § 11. Paragraph (e) of subdivision 1 of  section  458-a  of  the  real
    44  property  tax  law,  as  amended  by chapter 490 of the laws of 2019, is
    45  amended to read as follows:
    46    (e) "Veteran" means a person (i) who served in  the  active  military,
    47  naval,  or air service during a period of war, or who was a recipient of
    48  the armed forces expeditionary medal, navy expeditionary  medal,  marine
    49  corps  expeditionary  medal,  or  global  war on terrorism expeditionary
    50  medal, and who (1) was discharged or released therefrom under  honorable
    51  conditions,  or  (2)  has  a qualifying condition, as defined in section
    52  three hundred fifty of the executive law, and has received  a  discharge
    53  other  than  bad  conduct or dishonorable from such service, or (3) is a
    54  discharged LGBT veteran, as defined in section three  hundred  fifty  of
    55  the  executive  law, and has received a discharge other than bad conduct
    56  or dishonorable from such service, (ii) who  was  employed  by  the  War
        A. 7605--A                          8
 
     1  Shipping  Administration  or  Office  of Defense Transportation or their
     2  agents as a merchant seaman documented by the United States Coast  Guard
     3  or  Department of Commerce, or as a civil servant employed by the United
     4  States  Army  Transport Service (later redesignated as the United States
     5  Army Transportation Corps, Water Division) or the  Naval  Transportation
     6  Service; and who served satisfactorily as a crew member during the peri-
     7  od  of  armed conflict, December seventh, nineteen hundred forty-one, to
     8  August fifteenth, nineteen hundred forty-five, aboard  merchant  vessels
     9  in oceangoing, i.e., foreign, intercoastal, or coastwise service as such
    10  terms  are defined under federal law (46 USCA 10301 & 10501) and further
    11  to include "near foreign" voyages between the United States and  Canada,
    12  Mexico, or the West Indies via ocean routes, or public vessels in ocean-
    13  going  service  or  foreign waters and who has received a Certificate of
    14  Release or Discharge from Active Duty and a discharge certificate, or an
    15  Honorable Service Certificate/Report of Casualty, from the department of
    16  defense, (iii) who served as a United States civilian  employed  by  the
    17  American  Field  Service  and served overseas under United States Armies
    18  and United States Army Groups in world war II during the period of armed
    19  conflict, December  seventh,  nineteen  hundred  forty-one  through  May
    20  eighth,  nineteen  hundred  forty-five,  and  who  (1) was discharged or
    21  released therefrom under honorable conditions, or (2) has  a  qualifying
    22  condition,  as  defined  in section three hundred fifty of the executive
    23  law, and has received a discharge other than bad conduct or dishonorable
    24  from such service, or (3) is a discharged LGBT veteran,  as  defined  in
    25  section  three  hundred  fifty  of the executive law, and has received a
    26  discharge other than bad conduct or dishonorable from such service, (iv)
    27  who served as a United States civilian Flight Crew and  Aviation  Ground
    28  Support  Employee  of  Pan  American World Airways or one of its subsid-
    29  iaries or its affiliates and served overseas as a result of  Pan  Ameri-
    30  can's contract with Air Transport Command or Naval Air Transport Service
    31  during  the  period  of  armed  conflict,  December fourteenth, nineteen
    32  hundred forty-one through August  fourteenth,  nineteen  hundred  forty-
    33  five,  and  who (1) was discharged or released therefrom under honorable
    34  conditions, or (2) has a qualifying condition,  as  defined  in  section
    35  three  hundred  fifty of the executive law, and has received a discharge
    36  other than bad conduct or dishonorable from such service, or  (3)  is  a
    37  discharged  LGBT  veteran,  as defined in section three hundred fifty of
    38  the executive law, and has received a discharge other than  bad  conduct
    39  or  dishonorable  from  such service, [or] (v) notwithstanding any other
    40  provision of law to the contrary, who are members of the reserve  compo-
    41  nents  of  the  armed  forces  of  the United States who (1) received an
    42  honorable discharge or release therefrom under honorable conditions,  or
    43  (2)  has  a  qualifying  condition,  as defined in section three hundred
    44  fifty of the executive law, and has received a discharge other than  bad
    45  conduct  or  dishonorable from such service, or (3) is a discharged LGBT
    46  veteran, 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, but are still members of the  reserve  components  of  the
    49  armed  forces  of  the United States provided that such members meet all
    50  other qualifications under the provisions of this section, or  (vi)  who
    51  served as a member of the commissioned corps of the national oceanic and
    52  atmospheric  administration  or  the United States public health service
    53  and who (1) was discharged or released therefrom under honorable  condi-
    54  tions,  or  (2)  has a qualifying condition, as defined in section three
    55  hundred fifty of the executive law, and has received a  discharge  other
    56  than  bad  conduct  or  dishonorable  from  such  service,  or  (3) is a
        A. 7605--A                          9
 
     1  discharged LGBT veteran, as defined in section three  hundred  fifty  of
     2  the  executive  law, and has received a discharge other than bad conduct
     3  or dishonorable from such service.
     4    §  12. Paragraphs (a) and (c) of subdivision 1 of section 458-b of the
     5  real property tax law, paragraph (a) as amended by chapter  490  of  the
     6  laws  of  2019  and paragraph (c) as added by chapter 655 of the laws of
     7  2007, are amended to read as follows:
     8    (a) "Cold War veteran" means a person, male or female, who  served  on
     9  active  duty in the United States armed forces or the commissioned corps
    10  of the national oceanic and atmospheric  administration  or  the  United
    11  States  public  health  service,  during  the time period from September
    12  second, nineteen hundred forty-five to December  twenty-sixth,  nineteen
    13  hundred  ninety-one,  and (i) was discharged or released therefrom under
    14  honorable conditions, or (ii) has a qualifying condition, as defined  in
    15  section  three  hundred  fifty  of the executive law, and has received a
    16  discharge other than bad conduct or dishonorable from such  service,  or
    17  (iii)  is a discharged LGBT veteran, as defined in section three hundred
    18  fifty of the executive law, and has received a discharge other than  bad
    19  conduct or dishonorable from such service.
    20    (c)  "Active  duty"  means  full-time  duty in the United States armed
    21  forces or the commissioned corps of the national oceanic and atmospheric
    22  administration or the United States public health  service,  other  than
    23  active duty for training.
    24    §  13.  Paragraph  (b) of subdivision 1 of section 243 of the military
    25  law, as amended by chapter 490 of the laws of 2019, is amended  to  read
    26  as follows:
    27    (b)  The term "military duty" shall mean military service in the mili-
    28  tary, naval, aviation or marine service of the United States  subsequent
    29  to  July  first,  nineteen hundred forty, or service under the selective
    30  training and service act of nineteen  hundred  forty,  or  the  national
    31  guard  and  reserve officers mobilization act of nineteen hundred forty,
    32  or any other act of congress supplementary or amendatory thereto, or any
    33  similar act of congress hereafter enacted and irrespective of  the  fact
    34  that  such  service  was  entered  upon following a voluntary enlistment
    35  therefor or was required under one of the foregoing acts of congress, or
    36  service with the United States public health service as  a  commissioned
    37  officer,  or  service with the national oceanic and atmospheric adminis-
    38  tration as a commissioned officer or the  United  States  public  health
    39  service,  or  service  with  the American Red Cross while with the armed
    40  forces of the United States on foreign  service,  or  service  with  the
    41  special  services  section  of  the armed forces of the United States on
    42  foreign service, or service in the merchant marine which  shall  consist
    43  of  service as an officer or member of the crew on or in connection with
    44  a vessel documented under the laws of the  United  States  or  a  vessel
    45  owned  by, chartered to, or operated by or for the account or use of the
    46  government of the United States, or service by one who was  employed  by
    47  the  War  Shipping Administration or Office of Defense Transportation or
    48  their agents as a merchant seaman documented by the United States  Coast
    49  Guard  or  Department of Commerce, or as a civil servant employed by the
    50  United States Army Transport Service (later redesignated as  the  United
    51  States Army Transportation Corps, Water Division) or the Naval Transpor-
    52  tation  Service;  and  who served satisfactorily as a crew member during
    53  the period of armed conflict, December seventh, nineteen hundred  forty-
    54  one,  to  August fifteenth, nineteen hundred forty-five, aboard merchant
    55  vessels in oceangoing, i.e., foreign, intercoastal, or coastwise service
    56  as such terms are defined under federal law (46 USCA 10301 & 10501)  and
        A. 7605--A                         10
 
     1  further  to include "near foreign" voyages between the United States and
     2  Canada, Mexico, or the West Indies via ocean routes, or  public  vessels
     3  in  oceangoing  service or foreign waters and who has received a Certif-
     4  icate  of  Release or Discharge from Active Duty and a discharge certif-
     5  icate, or an Honorable Service Certificate/Report of Casualty, from  the
     6  Department  of  Defense,  or  who  served  as  a  United States civilian
     7  employed by the American Field Service and served overseas under  United
     8  States  Armies  and United States Army Groups in world war II during the
     9  period of armed conflict, December seventh, nineteen  hundred  forty-one
    10  through  May  eighth,  nineteen  hundred  forty-five,  and  who  (i) was
    11  discharged or released therefrom under honorable conditions, or (ii) has
    12  a qualifying condition, as defined in section three hundred fifty of the
    13  executive law, and has received a discharge other than  bad  conduct  or
    14  dishonorable  from  such service, or (iii) is a discharged LGBT veteran,
    15  as defined in section three hundred fifty of the executive law, and  has
    16  received  a  discharge  other than bad conduct or dishonorable from such
    17  service, or who served as a  United  States  civilian  Flight  Crew  and
    18  Aviation Ground Support Employee of Pan American World Airways or one of
    19  its  subsidiaries  or  its affiliates and served overseas as a result of
    20  Pan American's contract with Air Transport Command or Naval  Air  Trans-
    21  port  Service  during the period of armed conflict, December fourteenth,
    22  nineteen hundred forty-one through August fourteenth,  nineteen  hundred
    23  forty-five,  and  who  (iv)  was  discharged or released therefrom under
    24  honorable conditions, or (v) has a qualifying condition, as  defined  in
    25  section  three  hundred  fifty  of the executive law, and has received a
    26  discharge other than bad conduct or dishonorable from such  service,  or
    27  (vi)  is  a discharged LGBT veteran, as defined in section three hundred
    28  fifty of the executive law, and has received a discharge other than  bad
    29  conduct  or dishonorable from such service; or service in police duty on
    30  behalf of the United States government in a  foreign  country,  if  such
    31  person  is  a police officer, as defined by section 1.20 of the criminal
    32  procedure law, and if such police officer obtained the prior consent  of
    33  his  or her public employer to absent himself or herself from his or her
    34  position to engage in the performance of such service; or as an enrollee
    35  in the United States maritime service on active duty and, to such extent
    36  as may be prescribed by or under the laws  of  the  United  States,  any
    37  period  awaiting  assignment to such service and any period of education
    38  or training for such service in any  school  or  institution  under  the
    39  jurisdiction  of  the  United  States  government, but shall not include
    40  temporary and intermittent gratuitous service in any reserve or auxilia-
    41  ry force. It shall include time spent in  reporting  for  and  returning
    42  from  military  duty  and  shall  be  deemed to commence when the public
    43  employee leaves his position and to end when he  is  reinstated  to  his
    44  position,  provided  such  reinstatement is within ninety days after the
    45  termination of military duty, as  hereinafter  defined.  Notwithstanding
    46  the  foregoing  provisions  of  this paragraph, the term "military duty"
    47  shall not include any of the foregoing services entered upon voluntarily
    48  on or after January first, nineteen hundred forty-seven and before  June
    49  twenty-fifth, nineteen hundred fifty; and, on or after July first, nine-
    50  teen  hundred  seventy,  the  term "military duty" shall not include any
    51  voluntary service in excess of four years performed after that date,  or
    52  the  total of any voluntary services, additional or otherwise, in excess
    53  of four years performed after that date, shall not exceed five years, if
    54  the service in excess of four years  is  at  the  request  and  for  the
    55  convenience  of the federal government, except if such voluntary service
        A. 7605--A                         11
 
     1  is performed during a period of war, or national emergency  declared  by
     2  the president.
     3    §  14. This act shall take effect immediately, provided, however, that
     4  the amendments to subdivisions 5 and 7 of section 369-h of the executive
     5  law made by section seven of this act shall not  affect  the  repeal  of
     6  such section and shall be deemed repealed therewith.