Bill Text: NY A07605 | 2021-2022 | General Assembly | Amended
Bill Title: Expands the definition of veteran to include members of the commissioned corps of the NOAA and the United States public health service; expands access to benefits and assistance to those who served in the commissioned corps of the NOAA and the United States public health service.
Spectrum: Bipartisan Bill
Status: (Engrossed - Dead) 2022-03-10 - REFERRED TO VETERANS, HOMELAND SECURITY AND MILITARY AFFAIRS [A07605 Detail]
Download: New_York-2021-A07605-Amended.html
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. LBD09436-04-2A. 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 aA. 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 ofA. 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, nineteen53hundred 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 WarA. 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 aA. 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) andA. 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 serviceA. 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.
