15 December 2003

Honorable Sheldon Silver
Speaker
New York State Assembly
Room 932 Legislative Office Building
Albany, New York 12248

Dear Mr. Speaker,

It is with great pleasure that I forward the 2003 Annual Report of the Assembly Standing Committee on Veterans’ Affairs.

Several significant measures became law this year. I am particularly proud of the Patriot/Military Enhanced Recognition, Incentive, and Tribute (MERIT) plan. This chapter provides New York servicemen and women and their families with certain benefits that will help to promote peace of mind. It is designed to ease obligations for service men and women and their family members and to keep to a minimum any suffering of personal affairs as they serve our country with great dedication during the operations in Iraq. Additionally, another significant piece of legislation was signed into law. This bill requires the Office of General Services to modify the New York State World War II Memorial to recognize Gold Star Mothers.

It is with great anticipation that we welcome the 2004 Legislative Session. Among the issues the Committee will examine are real property taxation exemptions for surviving spouses and continued outreach to women veterans. Our ongoing efforts to deal with the health care needs of New York State veterans, which range from those infected with Hepatitis C and AIDS to those in need of long term care, will again be a focus.

In 2003 we held a successful hearing in which veterans expressed their strong opposition to the closure of three New York State veteran hospitals. I am happy to report that our efforts contributed to a revised federal plan that does not close any New York State veteran hospitals. We will continue to evaluate any future federal plans to re-organize Veterans’ Administrations facilities in our state.

I wish to extend my deepest appreciation and many thanks to the members of the Committee, the Committee staff, and the veterans of New York State for their efforts. I especially thank you, Mr. Speaker, for your continued support of New York’s veterans.

2003 ANNUAL REPORT
NEW YORK STATE ASSEMBLY
STANDING COMMITTEE ON VETERANS’ AFFAIRS

Honorable Ronald C. Tocci
Chair

1. COMMITTEE JURISDICTION AND SUMMARY

2. 2003 LEGISLATIVE HIGHLIGHTS

   1. Benefits

   2. Real Property Tax Exemption

   3. Energy

   4. Miscellaneous

3. BUDGET HIGHLIGHTS

   1. The Division of Veterans’ Affairs

      1. Veterans Counseling
      2. Blind Veterans Annuity Assistance
      3. Veterans’ Education Program
      4. County and City Veterans’ Service Agencies

   2. Division of Military and Naval Affairs

      1. Recruitment Incentive and Retention Program
      2. New York State Military Museum and Veterans’ Research Center
      3. Challenge Program

4. LINE ITEM VETOES

5. BILLS REPORTED BY OTHER COMMITTEES

   1. Bills That Became Law

      1. Local Government Committee
      2. Real Property Taxation Committee
      3. Election Law Committee
      4. Transportation Committee

   2. Bills That Passed Assembly Only

      1. Corporations, Authorities & Commissions Committee
      2. Governmental Employees Committee
      3. Health Committee
      4. Local Governments Committee
      5. Racing and Wagering Committee
      6. Governmental Operations Committee
      7. Real Property Taxation Committee
      8. Ways and Means Committee

   3. HONORING VETERANS THROUGH LEGISLATIVE RESOLUTIONS

      1. Support The U.S Armed Forces in Operation Iraqi Freedom

      2. Urging Congress To Pass H.R. 270, the Veterans Equal Treatment Act

      3. The Retired Pay Restoration Act of 2003 H.R. 303 and S.292)

      4. Purple Heart Recognition Day

      5. Veterans’ Awareness Week

      6. National Maritime Day in New York State

      7. May 2, 2003 as Military Spouse Appreciation Day

      8. May 2003 as Military Appreciation Month

      9. Tribute To The Lives Lost In The Black Hawk Tragedy At Fort Drum

      10. Fiftieth Anniversary Of The End of The Korean War

      11. Honoring Lt. Jeffrey Quinn Who Earned A Bronze Star In Somalia In 1993

      12. Honoring Seventy-fifth Ranger Regiment, Third Battalion

      13. Paying Tribute to One-Hundredth Infantry Division Association

      14. The Fiftieth Anniversary of the Cease-fire That Ended The KoreaWar

      15. "The Star-Spangled Banner"

      16. Albany Memorial Day Parade Grand Marshals

      17. Honoring James H. Hartman For His Years of Dedicated Service To Veterans

   4. OTHER ACTIVITIES BY THE COMMITTEE

      1. Subcommittee on Women Veterans

         1. Ninety-fifth Anniversary of the Navy Nurse Corps
         2. Sixtieth Anniversary of the Women’s Army Corps
         3. Sixtieth Anniversary of the U.S. Marine Corps Women’s Reserve

      2. Subcommittee Chair Serves As Team Leader for New York

      3. Public Hearing on National Draft CARES Plan

   5. OUTLOOK FOR 2004

APPENDIX A

APPENDIX B

BILLS THAT PASSED THE ASSEMBLY

The Assembly Standing Committee on Veterans’ Affairs evaluates legislation affecting 1.25 million New York State residents who selflessly served their nation in the United States armed forces. This number includes the nearly 60,000 women veterans who volunteered to serve in the military. Their jobs ranged from nurses to switchboard operators. The Committee’s work is geared toward safeguarding programs and promoting legislation benefiting veterans and their families. In addition, the Committee maintains an ongoing dialogue with the veterans’ community and addresses developing issues affecting the lives of New York State’s veterans.

Veterans’ issues impact a number of titles of New York State statute, principally: Executive Law, Military Law, Real Property Tax Law, Education Law, Civil Service Law, and Retirement and Social Security Law. Amendments to the State Constitution that would affect veterans are also considered by the Committee. New York State currently offers a variety of veterans’ assistance programs, including a real property tax exemption program, educational assistance for certain veterans and their family members, and a state veterans nursing home program.

This past Legislative session, the Committee held four meetings and considered sixty-one bills. One of these bills passed both houses of the Legislature and was signed into law. The Committee was represented at the American Legion’s 83rd Convention in Syracuse, New York, and the Marine Corps League Convention in Albany.

While the Standing Committee on Veterans’ Affairs has jurisdiction over legislation that affects veterans’ benefits and programs that help veterans and their families, the Committee does not work alone. Some initiatives advanced by individual veterans and organizations are referred to other standing committees, such as Transportation, Energy, Health, or Corporations, Authorities & Commissions. As a result, the Committee’s chair, members, and staff must work closely with other committees to ensure that this unique population’s needs are met. To meet this goal, the Committee may analyze legislation referenced to other Assembly standing committees or conduct joint public hearings with other committees.

1. Benefits

   New York State veterans’ benefits have always been, with a few exceptions, specifically linked to "time of war" military service. On the federal level, benefits for wartime veterans also are much greater than those who served during peacetime. The difference in benefits takes into consideration the additional sacrifices an individual faces during a "time of war" when a serviceman or woman can quickly find themselves in a combat zone or on the frontlines.

   Patriot/MERIT Plan
   (A.9110, Silver: Chapter 106 of the Laws of 2003)

   This measure would provide new and enhanced benefits to New York State military personnel that will minimize the disruptions that military activation may cause in their lives and the lives of their families.

   This legislation establishes a family liaison officer at the Division of Military and Naval Affairs (DMNA); requires at least one library in every county to designate a computer for the use of family members of those called to active duty; directs DMNA to negotiate bulk telephone service rates for persons in military service; provides facilities in armories for teleconferencing between active duty personnel and their families; allows students to remain in the same school district if a parent relocates due to being called to active duty; helps veterans transfer their military training and experience to civilian jobs; and extends the certificate period for emergency medical technicians who have been ordered to active military duty.

   The measure also establishes a New York State supplemental burial allowance program to help defray the cost of burial of a resident who died in combat.

   Disabled Veterans
   (A.5044, Tocci; Passed Assembly)

   This bill would authorize disabled veterans who are certified by the U.S. Department of Veterans Affairs or a military department to present such certificate as evidence of their disability and would provide purple heart recipients a priority for the employment preference established pursuant to section 55-c of the Civil Service Law.

   Changes The Commencement Date of the Vietnam War
   (A.5043, Tocci; Passed Assembly)

   This measure would change the date upon which the Vietnam war is deemed to have commenced from December 22, 1961, to February 28, 1961, in various sections of law.

   Provides For the Identification of Veterans and Their Spouses For the Improved Pension Program (A.5042, Tocci; Passed Assembly)

   Large numbers of unmarried military veterans and unmarried surviving spouses on Medicaid in nursing homes throughout New York State are not receiving the federal Veterans’ Administration pension to which they may be entitled. In many cases, there are no relatives or friends who can help veterans apply. This bill would require licensed nursing homes and health care facilities to identify veterans and file applications for the Improved Pension Program on behalf of those veterans who are receiving Medicaid.

   Extend Memorial Day and Veteran’s Day Holiday To Certain Employees
   (A.5039, Tocci; Passed Assembly)

   This measure amends Section 63 of the Public Officers Law to require an extra day of paid leave on Memorial Day and Veterans’ Day for veterans who are employed by a school district, board of cooperative educational services (BOCES), or other educational institution that receives state funding.

2. Real Property Tax Exemption

   The veterans’ real property tax exemption has a long history in New York state. Veterans’ tax exemptions are available to men and women who served in the armed forces of this country since the time of the American Revolution. Essentially, the exemptions take the form of freedom from levy and freedom from taxes on property acquired through military service.

   This benefit is a special way of recognizing the sacrifices of those men and women who served in time of war.

   Virtually all real property tax exemptions granted to veterans in New York State fall into two categories: the fixed dollar amount "eligible funds" category (Real Property Tax Law, Section 458) and the percentage-of-exemption value "alternative" category (RPTL, Section 458-A).

   The "alternative exemption" was enacted in 1984 as a local option replacement for the "eligible funds" exemption. The "alternative exemption" provides a property tax exemption of 15% of assessed value to veterans who served during wartime, and an additional 10% to those veterans who served in a combat zone. The law also provides an additional exemption to disabled veterans, equal to one-half of their service-connected disability rating.

   In an attempt to help veterans who have been receiving less of a real property tax break due to full value assessment, the Legislature adopted a measure to reopen the eligible funds exemption.

   In 1994, legislation was adopted to allow local governments to direct local assessors to re-calculate "eligible funds" exemptions by using the change in level of assessment factor, as calculated by the State Division of Equalization and Assessment. This factor is computed as the average amount of the increases for all property revalued. A veteran’s "eligible fund" exemption would be multiplied by this factor to determine the new value of the exemption.

   Transfer of the Real Property Tax Exemption In Cases of Veterans Moving Within the Same Municipality
   (A.952, McEneny; Passed Assembly)

   This bill would authorize municipalities to adopt a local law or ordinance allowing the assessor to transfer and prorate a real property tax exemption granted a veteran when such veteran sells the property receiving the exemption and purchases property within the same municipality.

   Expands Real Property Tax Exemption For Those Eligible For Pecuniary Assistance
   (A.5834, Tocci; Passed Assembly)

   The purpose of this bill is to include seriously disabled veterans who are eligible to receive pecuniary assistance from the federal government to acquire or adapt a home to their needs in the category of those qualified for the eligible funds exemption under Section 458(3) of the Real Property Tax Law.

   Expanding Qualifications for Veterans’ Real Property Tax Exemption
   (A.1974, Tonko; Passed Assembly)

   This measure would allow a qualified veteran to apply for the veterans’ real property tax exemption within thirty days of the transfer of property when purchased after the taxable status date or after the levy of taxes. Guidelines would be established for a review and complaint process for such applications.

   The bill would also establish a formula that assessors could use to determine the exemption for property purchased after the taxable status date but before the levy of taxes and allow municipalities to opt for this method of recomputing the exemption.

3. Energy

   Chapter 82 of the Laws of 1998 was enacted to require electric utilities to charge lower rates (based on local residential rates) for service to posts and halls of not-for-profit veterans’ organizations. This measure furthers the beneficial goals of these organizations to support the men and women who have selflessly served their country in the time of war.

   Long Island Power Authority Single-Phase Service
   (A.3796, DiNapoli; Passed Assembly)

   This measure would direct LIPA to charge not-for-profit veterans’ organizations the rates charged to domestic consumers just as the other utilities in the state are required under Chapter 82 of the Laws of 1998. The 1998 chapter was passed by both houses of the Legislature prior to the date when the Long Island Company (LILCO) sold its electric distribution business to Long Island Power Authority but was not signed until after that date. The 1998 statute was intended to benefit all of the veterans’ organizations in the state, including those in the LILCO service territory, and it would have done so if it had been signed by the Governor prior to that date of the LILCO/LIPA transaction.

4. Miscellaneous

   Gold Star Mothers
   (A. 8441, McEneny; Chapter 651 of the Laws of 2003)

   This bill requires the Commissioner of the Office of General Services to modify the existing New York State World War II monument to appropriately recognize Gold Star Mothers.

1. The Division of Veterans’ Affairs

   1. Veterans Counseling

      The Division of Veterans’ Affairs (DVA) operates four principal programs. The largest is veterans counseling and claims services. A statewide network of 60 veterans counselors, all of whom are veterans, and staff review eligibility requirements and help veterans apply for benefits and services, obtain necessary documentation, and file for federal, state, and local veterans’ benefits. Counselors also serve constituents through outreach to Veterans’ Affairs medical centers, senior centers, State veterans’ homes and local nursing homes, public assistance officers, and correctional facilities.

      $500,000 was appropriated for services and expenses related to veterans counseling for the 2003-04 budget year.

      State veterans counselors receive professional training in veterans’ benefits counseling. When successfully completed, a certificate is awarded to allow these counselors to assist individual veterans to file claims with the U.S. Department of Veterans’ Affairs. Counselors receive on-going training, as well as technical information and manuals.

      $50,000 was appropriated in the 2003-2004 State budget for this training.

   2. Blind Veterans Annuity Assistance

      Under Chapter 435 of the Laws of 2000 and effective October 1, 2000, visually impaired wartime veterans and their surviving spouses are eligible for a $1,000 annual annuity. This benefit is paid in monthly installments. Its origins can be traced back to the post-World War I period. This annuity amount reflects an increase of $500 from prior years.

      The Budget appropriated $5,000,000 to this vital program. Up to $15,000 of this appropriation may be transferred to state operations for postage costs associated with the program.

   3. Veterans’ Education Program

      The Veterans’ Education Program was previously under the jurisdiction of the Department of Education. In October of 1997, the Governor requested that this federally funded program be moved to the jurisdiction of the DVA. The Veterans’ Education Bureau approves and supervises educational institutions offering programs for veterans and other eligible persons. According to federal law, no veteran can receive G.I. educational benefits, such as those granted pursuant to the Montgomery G.I. Bill, unless the program in which the veteran is enrolled has been approved and is supervised by a state-approving agency. Eleven personnel were transferred to DVA to operate this program.

      The Budget included a $1,518,000 federal operating grant to operate the program.

   4. County and City Veterans’ Service Agencies

      County and City Veterans’ Service Agencies are mandated by state law to inform members of the armed forces, veterans, and their families about education, retraining, medical, and other rehabilitative services and facilities. As well, they are to inform veterans about federal, state, and local laws and regulations pertaining to their rights as veterans and families of veterans.

      In the budget for SFY 2003-2004, $575,000 was allocated for this program.

2. Division of Military and Naval Affairs

   1. Recruitment Incentive and Retention Program

      Chapter 268 of the Laws of 1996 established the Recruitment Incentive and Retention Program to provide eligible members of the New York Army National Guard, the New York Air National Guard, and the New York Naval Militia with a tuition benefit for undergraduate study.

      In the adopted budget, $3,300,000 was included for this vital program.

   2. New York State Military Museum and Veterans’ Research Center

      The New York State Military Museum and Veterans’ Research Center is located at the Saratoga Armory in Saratoga Springs, New York.

      In the budget for SFY 2003-2004, $1,000,000 was appropriated for services and expenses related to youth academic and drug prevention programs, the New York State Military Museum and Veterans’ Research Center, and the preservation and restoration of historic artifacts.

   3. Challenge Program

      The Executive Budget recommended, and the Legislature concurred in, temporarily discontinuing the DMNA Challenge Program. This program for at-risk youth was suspended from July 2003 to July 2004. The Challenge Program mission is to focus youth on becoming productive citizens through GED education, military self-discipline, mentoring, and the development of independent living skills. Since March 1994, the Challenge Program has graduated over 700 youths from across the state who have gone on to be accepted in college, military, federal and state employment, vocational education, and service as volunteers in the community.

This year after the passage of the Legislature’s bipartisan budget, Governor George E. Pataki issued 120 line-item vetoes.

Among them were three vetoes of interest to the veterans community.

Veto #6 Division of Military and Naval Affairs
$100,000 for services and expenses for the New York Guard.

Veto #7 Division of Military and Naval Affairs
$56,000 for continued maintenance and operation of National Guard Armory on Culver Road in Rochester, New York.

Veto #99 Office of Children and Family Services
For services and expenses related to the homeless veterans outreach and supportive services programs pursuant to the following sub-schedule:

Black Vets For Social Justice ..........$6,735
Albany Housing Coalition................$31,113
C.O.P.I.N. Foundation....................$9,151
Saratoga RPC.............................$9,151
West New York Veterans Housing............$7,321
369th Veteran’s Association, Inc.........$18,302
Vannguard Urban Improvement Association
Inc........................$5,490
Military Women of New York City and
Friends, Inc........................$11,438

for a total of $148,700.

These vetoes were over ridden by the members of the New York State Assembly and New York State Senate on May 15, 2003.

1. Bills That Became Law

   1. Local Government Committee

      Empire State Chapter No. 120 of the Retired Enlisted Association
      (A.5518, Tonko; Chapter 649 of the Laws of 2003)

      This measure adds the Empire State Chapter No. 120 of the Retired Enlisted Association to the list of veterans’ organizations that may receive monies from towns to help defray the cost of renting and/or maintaining their facilities. This is a federally charted veterans’ organization.

   2. Real Property Taxation Committee

      Oceanside American Legion Post 1246
      (A.6358, Weisenberg; Chapter 293 of the Laws of 2003)

      The bill authorizes the Oceanside American Legion Post 1256 to file an application with the Nassau County assessor for a real property tax exemption. The Oceanside American Legion Post is a not-for-profit veterans organization that purchased property to be used as their meeting hall. The Post is renovating the building to meet their needs. As the closing date of the property was after the appropriate taxable status date to file for an exemption, the Post has become liable for taxes due for the date of purchase to the date the property is officially removed from the tax rolls. The Post has filed a timely application for the exemption. As this tax liability has created a financial hardship for the Post, the legislation seeks to refund all taxes paid before the organization is removed from the tax rolls.

   3. Election Law Committee

      1. Military Ballots
         (A.8455-B, Wright; Chapter 256 of the Laws of 2003)

         This measure amends the Election Law to extend the time to receive military ballots to seven days after a primary election and thirteen days following the date after the general election and presidential primary election.

      2. Application for Military Ballots
         (A.8832, Wright; Chapter 262 of the Laws of 2003)

         This law provides that an application for a military ballot will be effective through the subsequent two federal elections after the submission of the application. This law also makes various technical changes to comply with the Help America Vote Act (HAVA).

   4. Transportation Committee

      1. "Pearl Harbor Memorial Bridge"
         (A.7887, Englebright; Chapter 225 of the Laws of 2003)

         This law designates the single point urban interchange (SPUI) bridge at the intersection of Middle County and Nicholls Roads in the Town of Brookhaven as the "Pearl Harbor Memorial Bridge."

      2. "Military Highway"
         (A. 6484, Townsend; Chapter 194 of the Laws of 2003)

         This law designates the portion of State Route 69 in Oneida County from the hamlet of Camden to the hamlet of Taberg as the "Military Highway."

      3. "Veterans of Foreign War Memorial Highway"
         (A.7335, Bacalles; Chapter 222 of the Laws of 2003)

         This law designates a portion of New York Highway 36, located in Steuben County between the City of Hornell and the Village of Canisteo, as "Veterans of Foreign Wars Memorial Highway."

      4. "United States Submarine Veterans Memorial Highway"
         (A.8252-A, Acampora; Chapter 234 of the Laws of 2003)

         Because of this law, a portion of the state highway system constituting State Route 25 beginning with the intersection at New Suffolk Avenue in Mattituck and ending with its intersection at New Suffolk Road in Cutchogue shall be designated as the "United States Submarine Veterans Memorial Highway." The first U.S. submarine base was established at New Suffolk, New York, on April 11, 1900. Between 1899 and 1905 the first submarines built by John P. Holland were berthed at that site.

      5. "Col. O’Brien and Sgt Baker Memorial Highway"
         (A.8664, Casale; Chapter 239 of the Laws of 2003)

         This law renames State Route 40, which lies within the City of Troy, the "Colonel O’Brien and Sergeant Baker Memorial Highway" to honor two great war heroes who once were residents of the City of Troy. Both Sergeant Thomas A. Baker and Lt. Colonel William O’Brien were awarded the Congressional Medal of Honor during World War II.

      6. "Veterans Memorial Bridge"
         (A.8687, Young; Chapter 240 of the Laws of 2003)

         The bridge across the Allegheny River on South Union Street in the City of Olean, County of Cattaraugus shall be designated under this legislation as the "Veterans Memorial Bridge."

      7. "AMVETS Memorial Bridge"
         (A.6429, Galef; Chapter 202 of the Laws of 2003)

         This law designates the Croton Reservoir Bridge as the "AMVETS Memorial Bridge."

      8. "Albany County Veterans Memorial Highway"
         (A.8395, Canestrari; Chapter 453 of the Laws of 2003)

         This measure designates a portion of the state highway system from its intersection with Route 9W in the City of Albany to its intersection with Route 32 in the city of Cohoes, commonly known as Interstate 787 and State Route 787, as the "Albany County Veterans Memorial Highway."

      9. "POW-MIA Memorial Highway"
         (A.7372-A, Schimminger; Chapter 198 of the Laws of 2003)

         This law renames River Road in the city of North Tonnawanda the "POW-MIA Memorial Highway."

2. Bills That Passed Assembly Only

   1. Corporations, Authorities & Commissions Committee

      Financial Assistance To Small-and-Medium Sized Businesses Affected By Employees Called To Active Duty
      (A.1884, Sweeney; Passed Assembly)

      This bill would provide financial assistance to small-and-medium-sized businesses that have been adversely affected by the loss of an owner, manager or key employee who has been called to active military duty.

   2. Governmental Employees Committee

      Additional Military Leave
      (A.5959, Tocci; Passed Assembly)

      This bill would authorize an additional thirty days of military leave for public employees who are absent on military duty.

   3. Health Committee

      Hepatitis C
      (A.5038, Tocci; Passed Assembly)

      Current law includes a list of groups that must have information regarding Hepatitis C made available to them. The only groups that are specifically listed in the section are physicians and other health care providers. This measure would add veterans to the list.

   4. Local Governments Committee

      Increased Annual Appropriations For Patriotic Organizations
      (A. 4671, Tocci; Passed Assembly)

      This measure would permit towns to increase from $125 to $300 the annual appropriation to defray the costs of rooms for patriotic organizations in an adjoining town when the town does not have a post within its boundaries. The bill also would allow a town board to appropriate a sum not exceeding $1,000 for each post in any year for the purpose of holding meetings.

   5. Racing and Wagering Committee

      Games of Chance Conducted by Charitable and Service Organizations
      (A.2715, Smith; Passed Assembly)

      This bill would mandate less stringent reporting requirements for not for profit organizations that take in proceeds less than $10,000 per year in games of chance proceeds.

   6. Governmental Operations Committee

      1. American Gold Star Mothers Day
         (A.6729, Carrozza; Passed Assembly)

         This legislation would add a day honoring American Gold Star Mothers to the list of days of commemoration in the State of New York.

      2. MERIT
         (A.8659, Silver; Passed Assembly)

         The Military Enhanced Recognition, Incentive, and Tribute (MERIT) Plan would help veterans deal with important health issues, alleviate the concerns of active military personnel over job and financial security, and protect students called to active duty who have to suspend their education by allowing them to retain credits, standings, or scholarships. This legislation has several provisions.

         Among them: it would establish a healthcare information program, address illnesses such as the Persian Gulf syndrome, Agent Orange, and Hepatitis C; help veterans transfer their military training and experience to civilian jobs; extend the time to obtain job-related licensing, certification, and continuing education requirements for those on active duty; provide supplemental current benefits for the soldiers called to active duty, including a supplemental funeral benefit of up to $6,000 for soldiers killed in combat or hazardous duty; facilitate communication between military personnel around the world and their families by requiring at least one library in every county to designate a computer for the use of family members of those who have been called to active duty and provide additional computers to libraries if they are unavailable; direct DMNA to negotiate bulk telephone service rates for persons in military service; subsidize mailing of one package a month from the family of active duty military personnel; provide facilities in armories for teleconferencing between active duty personnel and their families; provide families with an advocate at DMNA, who will be available to answer inquiries of service personnel on active duty and to act as liaison with the federal Department of Defense; and allow students to remain in the same school district if a parent in military service relocated temporarily due to active duty.

   7. Real Property Taxation Committee

      1. Temporary Cap On Equalization Rates (Suffolk County)
         (A.9031, Sweeney; Passed Assembly)

         This legislation would establish a temporary two percent cap on changes in the state equalization rate applicable to certain exemptions, including the veterans’ alternative exemption. This cap would apply to assessing units in a county with a population of more than one million four hundred thousand, that is not wholly contained within a city. This bill was introduced to prevent the diminution of the veterans’ real property tax exemption. This bill would affect Suffolk County only.

      2. Limits The Variation of Equalization Rates (Suffolk County)
         (A. 8854, Sweeney; Passed Assembly)

         This measure would limit the variation of equalization rates within a county with a population of one million four hundred thousand that is not wholly contained within a city to no more than two percent of the rate established for the 2001-2002 tax year and applicable to tax levy based on 2002-2003 and 2003-2004 assessment rolls in assessing units. This bill was introduced to prevent the diminution of the veterans’ real property tax exemption. This bill would affect Suffolk county only.

      3. Temporary Cap On Equalization Rates (Westchester County)
         (A. 9047, Rules; Passed Assembly)

         This bill would establish a temporary cap on the fluctuation in the State equalization rate set for assessing units in Westchester County, whereby the decline in the equalization rate would be limited two percent from the previous year’s rate.

   8. Ways and Means Committee

      1. Income Tax Credit State Veterans Homes
         (A.4044, Levy; Passed Assembly)

         This bill would allow New York State taxpayers to voluntarily contribute a portion of their state income tax refund to finance the operation of the State’s veterans’ homes.

      2. A Special Fund For Income Tax Credit For State Veterans Homes
         A. 2598, McLaughlin; Passed Assembly)

         This measure would allow an individual in any taxable year to elect to contribute to the support of the New York State Veterans’ homes. The bill would also create a fund in the custody of the state comptroller to help fund the nursing homes.

1. Support The U.S Armed Forces in Operation Iraqi Freedom

   This resolution expresses on behalf of the people of New York State support of the courageous members of the United States Armed Forces serving in Operation Iraqi Freedom. (AL 460, Silver)

2. Urging Congress To Pass H.R. 270, the Veterans Equal Treatment Act

   The resolution calls upon Congress to pass H.R. 270, the "Veterans Equal Treatment Act." This legislation would replace the current formula, known as VERA, for the allocation of funds appropriated to the Department of Veterans’ Affairs for medical care with a formula that treats different geographic regions more equitably. H.R. 270 would require the Secretary of Veterans’ Affairs to replace the current formula. (AL 875, Tocci)

3. Memorializing Congress to Pass The Retired Pay Restoration Act of 2003 H.R. 303 and S.292)

   The resolution calls upon Congress to pass H.R. 303/S.292, "The Retired Pay Restoration Act of 2003." The legislation would permit retired members of the U.S. Armed Forces who have a service-connected disability to receive both military retired pay by reason of their years of military service and disability compensation from the Department of Veterans Affairs. No other federal workers are prohibited from receiving both retirement compensation and VA disability benefits. Although the Special Compensation for Combat-disabled program was enacted as part of the fiscal year 2003 National Defense Authorization Bill (P.L. 107-314), not all retired veterans are covered. H.R. 303 and S. 392 would provide fair retirement benefits for all America’s disabled veterans by correcting a 110-year-old law that prevents disabled veterans from receiving both retirement pay and disability pay at the same time. (AL 939, Rules at the request of DiNapoli)

4. Memorializing Governor Pataki To Proclaim August 7, 2003, as Purple Heart Recognition Day

   The Purple Heart is an American decoration. It is the oldest military decoration in the world in present use, and the first award made available to the common soldier. The Purple Heart is awarded to any member of the U.S. Armed Forces killed or wounded in an armed conflict. This resolution memorializes Governor Pataki to proclaim August 7, 2003, as Purple Heart Recognition Day in New York State. During the Revolutionary War, General George Washington created the Badge of Military Merit on August 7, 1782, as a badge of distinction for meritorious action. The award consisted of a heart made of purple cloth and was unique in that the rank and file were eligible for the award. While the Badge of Military Merit was not continued after the War, it was reinstated by the Department of Defense, as the Purple Heart Medal, on February 22, 1932, the 200th Anniversary of George Washington’s birth. (AL 1168, Calhoun)

5. Memorializing Governor Pataki To Designate The Week Before Veteran’s Day as Veterans’ Awareness Week

   The true meaning of our Veterans’ Day may not receive enough attention on the one-day holiday set aside for this purpose. An official weeklong period may be needed, during which schools, veterans’ organizations, and the general public could more broadly focus on and show appreciation of those who served in the U.S. Armed Forces. This resolution calls upon Governor Pataki to designate the week before Veterans’ Day as Veterans’ Awareness Week. (AL 936, Rules at the request of Sweeney)

6. Memorializing Governor Pataki To Designate May 22, 2003 as National Maritime Day in New York State

   This resolution calls upon Governor Pataki to proclaim May 22, 2003, as National Maritime Day in New York State. National Maritime Day commemorates the first voyage of a steamship across the Atlantic Ocean. On May 22, 1819, the U.S. Savannah departed for Europe under steam; although the ship was also rigged with sails, it paved the way for future steamship success. Today National Maritime Day honors shipping and merchant marines in general. (AL 894, Rules at the request of Lavelle)

7. Memorializing Governor Pataki To Proclaim May 2, 2003, as Military Spouse Appreciation Day

   As we salute service members past and present, it is only fitting to recognize those who support them and help make their services possible. This resolution urges Governor Pataki to proclaim May 2, 2003, as Military Spouse Appreciation Day. (AL 760, Rules at the request of Nolan)

8. Memorializing Governor Pataki To Proclaim May 2003 as Military Appreciation Month

   National Military Appreciation Month, as designated by Congress, provides a period encompassing both the history and recognition of our armed forces and an in-depth look at the diversity of their individuals and achievements. The month of May gives the nation and state a forum, a framework, a time, and place on which to focus, draw attention, and express our appreciation for our armed forces and to recall our history. This resolution urges Governor Pataki to proclaim May 2003 as Military Appreciation Month. (AL 847, Rules at the request of Tocci)

9. Paying Tribute To The Lives Lost In The Black Hawk Tragedy At Fort Drum

   On March 11, 2003, eleven members of the United States Army Tenth Mountain Division lost their lives when their Black Hawk helicopter crashed on a training mission in a snowy wooded area three miles northeast of Wheeler-Sack Army Airfield. Two soldiers sustained injuries. This resolution pays tribute to the lives and heroism of the eleven members of the United States Army Tenth Mountain Division who lost their lives on March 11, 2003. Special tribute is also given to the two soldiers that survived. (AL 533, Tocci)

10. Fiftieth Anniversary of The End of The Korean War

    On July 27, 1953, the United States, North Korea, and China signed an armistice to end the Korean War. This resolution recognizes the fiftieth anniversary of the end of the Korean War and pays tribute to the members of the United States Armed Forces who participated. (AL 999, Tocci)

11. Honoring Lt. Jeffrey Quinn Who Earned A Bronze Star In Somalia In 1993

    This resolution honors Lieutenant Jeffrey L. Quinn of the New York Air National Guard upon the occasion of being awarded the Bronze Star for his heroism and valor while serving in Somalia in 1993. (AL 837, McEneny)

12. Honoring Seventy-fifth Ranger Regiment, Third Battalion

    The Seventy-fifth Ranger Regiment, composed of three Ranger battalions, is the premier light-infantry unit of the United States Army, headquartered at Fort Benning, Georgia. The Third Battalion of the Seventy-fifth Ranger Regiment’s mission is to plan and conduct special missions in support of United States policy and objectives. The United States Army maintains the Seventy-fifth regiment at a high level of readiness; each battalion can deploy anywhere in the world within eighteen hours. This resolution honors the Seventy-fifth Ranger Regiment, Third Battalion, upon the occasion of receiving the Langsam Distinguished Service Award on Thursday, June 12, 2003, in the Bronx, New York. (AL 1120, Klein)

13. Paying Tribute to One-Hundredth Infantry Division Association

    This resolution pays tribute to members of the One Hundredth Infantry Division Association in recognition of their distinguished service during World War II.(AL 302, Carrozza)

14. Commemorating The Fiftieth Anniversary of the Cease-fire That Ended The Korea War

    On July 27, 1953, three years and thirty-two days after North Korean forces penetrated the Thirty-eighth Parallel to launch the Korean War, hostilities ended, at approximately the point they had begun, with the signing of an armistice. This resolution commemorates the fiftieth anniversary of the cease-fire that ended the conflict. The resolution also honors those who served their Nation and State during this time. (AL 1124, Tonko)

15. "The Star-Spangled Banner"

    The defense of Fort McHenry on September 13, 1814, from an attack by British forces inspired Frances Scott Key to write a poem that was to become our nation’s anthem, "The Star-Spangled Banner." Originally called "Defense of Fort McHenry," the title was changed to "The Star-Spangled Banner" and set to the popular English song "To Anacreon in Heaven." On March 3, 1931, by an Act of Congress, this song was adopted as our national anthem. This resolution pays tribute to the seventy-second Anniversary of the adoption of "The Star-Spangled Banner." (AL 312, Silver)

16. Albany Memorial Day Parade Grand Marshals

    Anthony Mariano and Dr. Jeffrey Fudin were chosen to be the 2003 Grand Marshals of the Albany Memorial Day Parade. These men were selected for this honor for not only their devoted work at the Stratton Veterans’ Administration (VA) Medical Center but also for their dedication to the protection of patients at the VA. These resolutions honor these special gentlemen. (AL 1116 and 1117 McEneny)

17. Honoring James H. Hartman For His Years of Dedicated Service To Veterans

    James Hartman is a United States Air Force veteran. In 1977 he accepted a position as Assistant Veterans’ Employment Representative with the U.S. Department of Labor in Albany, NY. For the next ten years he covered at one time or other the majority of the upstate counties in New York State, providing advice and oversight to the many federal programs assisting unemployed veterans. In 1987 he was appointed as the Director for Veterans’ Employment and Training in New York State where he has remained until his retirement. This resolution honors Mr. Hartman for his work in serving veterans. (AL 1254, Tocci)

1. Subcommittee on Women Veterans

   The Subcommittee on Women Veterans sponsored the ninth annual Women Veterans Recognition Day in the Assembly. This year the Subcommittee honored women veterans of all wars and conflicts. During Operation Desert Storm/Desert Shield more than 40,000 women, one out of every five women in the Armed Forces, were deployed in direct support of the Gulf War. During Operation Enduring Freedom (Afghanistan), 5,810 women were deployed. It has been estimated that 37,000 military women have been deployed during Operation Iraqi Freedom. Also honored were Ms. Yolanda Adkins, U.S. Army Sergeant, 1942-1945, and Ms. Glenda McMann, U.S. Marine Corps, World War II. (AL 1035, Eddington)

   The subcommittee also sponsored three additional resolutions.

   1. Ninety-fifth Anniversary of the Navy Nurse Corps

      Congress established the Navy Nurse Corps in 1909 with twenty nurses. Today, there are more than 5,000 Navy nurses, both on active duty and reserve, serving aboard ships, with deployed Marines, and in health care facilities around the world. Public Law No. 115 established the Navy Nurse Corps. The law was signed by President Theodore Roosevelt on May 13, 1908. This resolution commemorates the historic occasion. (AL 1046, Eddington)

   2. Sixtieth Anniversary of the Women’s Army Corps

      Over 150,000 American women served in the Women’s Army Corps (WAC) during World War II. Members of the WAC were the first women other than nurses to serve within the ranks of the U.S. Army. On July 3, 1943, the WAC bill was signed into law. This resolution commemorates this historic event. (AL 1047, Eddington)

   3. Sixtieth Anniversary of the U.S. Marine Corps Women’s Reserve

      On October 31, 1943, Secretary of the Navy Frank Knox authorized the Marine Corps to create a Women’s Reserve and to accept applications from women for commissions and enlistments. Commandant Lieutenant General Thomas Holcomb approved the formation of the Marine Corps Women’s Reserve on November 7, 1942. On January 29, 1943, Major Ruth Cheney Streeter was commissioned as Director of the Marine Corps Women’s Reserve. This resolution commemorates the establishment of the U.S. Marine Corps Women’s Reserve. (AL 1045, Eddington)

2. Subcommittee Chair Serves As Team Leader for New York

   The Department of Veterans’ Affairs (VA) is joining forces with the National Foundation for Women Legislators (NFWL), the Disabled American Veterans (DAV), and the Library of Congress to increase national awareness of the Veteran History Project.

   Female elected officials from every state and territory in the nation will serve as team leaders in NSWL’s "Heart to Heart" program to record interviews with veterans for presentation to the Library of Congress’ Veterans History Project. Assemblywoman Patricia Eddington will serve as New York’s Team Leader for this project.

   Congress created the Veterans History Project in 2000. The American Folklore Center of the Library of Congress is collecting and preserving audio and video-taped histories, along with documentary material such as letters, diaries, maps, photographs and home movies. These items will be available for review by veterans, their families, researchers, and historians.

3. Public Hearing on National Draft CARES Plan

   The New York State Assembly Committee on Veterans’ Affairs and New York State Committee on Health held a public hearing on the National Draft CARES plan on Thursday, November 6, 2003, in Albany, New York. CARES (Capital Asset Realignment for Enhanced Services) is a study of the nation’s largest health care system, operated by the Federal Department of Veterans’ Affairs (VA). The draft plan’s goals were to find savings and reinvest them. The plan as originally drafted would affect three current Veterans’ administration hospitals in New York State: Canandaigua VA Medical Center, Montrose VA Medical Center, and Manhattan VA Medical Center.

   The purpose of the hearing was to explore the consequences of the implementation of the CARES plan in New York State. None of the veterans’ organizations in New York State supported the recommendation made by the CARES commission to the federal Department of Veterans’ Affairs.

   Both the Veterans’ Affairs Committee and the Health Committee have called for the commission that proposed CARES to be discharged. They strongly recommended that a new commission be formed and that its members come from a cross-section of all the people who would be impacted by a restructuring of veterans’ medical services.

The Assembly Standing Committee on Veterans’ Affairs is looking forward to a productive year in 2004. The Committee will continue to work with the Division of Veterans’ Affairs, Division of Military and Naval Affairs, other State agencies, veterans’ organizations, and individual veterans throughout New York State to develop programs and services to assist the veterans of this state.

The issues that the Committee will pursue include:

• Veterans’ buyback of credited time for those retired by the state;

• educational benefits for veterans;

• outreach to women veterans;

• outreach to older veterans;

• long-term health care needs of veterans;

• Hepatitis C education program for Vietnam veterans;

• homelessness among veterans; and

• services for veterans who suffer from alcohol and substance abuse and post-traumatic stress disorder.

The Committee will continue to strive to uphold its responsibility by addressing the needs of New York State’s approximately 1.25 million veterans their families.

APPENDIX A

2003 SUMMARY OF ACTION ON ALL BILLS REFERRED TO
the Assembly Committee on Veterans’ Affairs

APPENDIX B

LIST OF BILLS THAT BECAME LAW