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A07388 Summary:

BILL NOA07388B
 
SAME ASSAME AS S07124-A
 
SPONSORBarrett
 
COSPNSRHunter, Burdick, Buttenschon, Griffin, Lupardo, Perry, Otis
 
MLTSPNSR
 
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.
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A07388 Actions:

BILL NOA07388B
 
05/06/2021referred to veterans' affairs
05/12/2021reported referred to ways and means
05/19/2021reported referred to rules
05/26/2021amend and recommit to rules 7388a
06/03/2021amend (t) and recommit to rules
06/03/2021print number 7388b
06/07/2021reported
06/07/2021rules report cal.475
06/07/2021ordered to third reading rules cal.475
06/07/2021passed assembly
06/07/2021delivered to senate
06/07/2021REFERRED TO RULES
06/08/2021SUBSTITUTED FOR S7124A
06/08/20213RD READING CAL.1592
06/08/2021PASSED SENATE
06/08/2021RETURNED TO ASSEMBLY
11/10/2021delivered to governor
11/11/2021signed chap.606
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A07388 Text:



 
                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.
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