Bill Text: NY A05896 | 2023-2024 | General Assembly | Introduced
Bill Title: Expands the definition of veteran to include members of the United States public health service to provide such members with access to the same benefits as members of the United States armed forces.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced) 2024-01-03 - referred to veterans' affairs [A05896 Detail]
Download: New_York-2023-A05896-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 5896 2023-2024 Regular Sessions IN ASSEMBLY March 24, 2023 ___________ Introduced by M. of A. JEAN-PIERRE -- read once and referred to the Committee on Veterans' Affairs AN ACT to amend the executive law, the economic development law, the public officers law and the real property tax law, in relation to expanding the definition of veteran to include members of 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. Subdivisions 3 and 9 of section 350 of the executive law, 2 subdivision 9 as added by chapter 490 of the laws of 2019, are amended 3 to read as follows: 4 3. The term "veteran" means a person, male or female, resident of this 5 state, who has served in the active military or naval service of the 6 United States or the active service of the United States public health 7 service during a war in which the United States engaged and who has been 8 released from such service otherwise than by dishonorable discharge, or 9 who has been furloughed to the reserve. 10 9. The term "discharged LGBT veteran" means a veteran who was 11 discharged less than honorably from military [or], naval or public 12 health service of the United States due to their sexual orientation or 13 gender identity or expression, as those terms are defined in section two 14 hundred ninety-two of this chapter, or statements, consensual sexual 15 conduct, or consensual acts relating to sexual orientation, gender iden- 16 tity or expression, or the disclosure of such statements, conduct, or 17 acts, that were prohibited by the military or naval service at the time 18 of discharge. The division shall establish a consistent and uniform 19 process to determine whether a veteran qualifies as a discharged LGBT 20 veteran under this subdivision, including, at a minimum, standards for 21 verifying a veteran's status as a discharged LGBT veteran, and a method 22 of demonstrating eligibility as a discharged LGBT veteran. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD06775-01-3A. 5896 2 1 § 2. The opening paragraph of paragraph a and paragraph c of subdivi- 2 sion 1 of section 364 of the executive law, the opening paragraph of 3 paragraph a as amended by chapter 490 of the laws of 2019 and paragraph 4 c as added by chapter 751 of the laws of 1985, are amended to read as 5 follows: 6 The word "veteran," as used in this article shall be taken to mean and 7 include any person who is a resident of the state of New York, and who 8 (i) has been or may be given an honorable, general or ordinary discharge 9 or any other form of release from such service, except a dishonorable 10 discharge, a bad conduct discharge, an undesirable discharge, a 11 discharge without honor or a discharge for the good of the service, or 12 (ii) has a qualifying condition, as defined in section three hundred 13 fifty of this article, and has received a discharge other than bad 14 conduct or dishonorable from such service, or (iii) is a discharged LGBT 15 veteran, as defined in section three hundred fifty of this article, and 16 has received a discharge other than bad conduct or dishonorable from 17 such service, and who (iv) was a recipient of the armed forces expedi- 18 tionary medal, the navy expeditionary medal or the marine corps expedi- 19 tionary medal for participation in operations in Lebanon from June 20 first, nineteen hundred eighty-three to December first, nineteen hundred 21 eighty-seven, in Grenada from October twenty-third, nineteen hundred 22 eighty-three to November twenty-first, nineteen hundred eighty-three, or 23 in Panama from December twentieth, nineteen hundred eighty-nine to Janu- 24 ary thirty-first, nineteen hundred ninety, or (v) served on active duty 25 for ninety days or more in the armed forces of the United States or the 26 United States public health service during any one of the following wars 27 or hostilities: 28 c. The term "active duty" as used in this article shall mean full time 29 duty in the armed forces or the United States public health service, 30 other than active duty for training; provided, however, that "active 31 duty" shall also include any period of active duty for training during 32 which the individual concerned was disabled or died from a disease or 33 injury incurred or aggravated during such period. 34 § 3. Subdivision 3 of section 369-b of the executive law, as added by 35 chapter 557 of the laws of 2013, is amended to read as follows: 36 3. "Veteran" shall mean an individual who served on active duty in the 37 United States army, navy, marine corps, air force, coast guard or the 38 reserves component, or who served in active military service of the 39 United States as a member of the army national guard, air national 40 guard, New York guard or New York naval militia, or who served in active 41 service as a member of the United States public health service, who was 42 released from such service otherwise then by dishonorable discharge 43 after September eleventh, two thousand one. 44 § 4. Subdivisions 5 and 7 of section 369-h of the executive law, 45 subdivision 5 as added by chapter 22 of the laws of 2014 and subdivision 46 7 as amended by chapter 490 of the laws of 2019, are amended to read as 47 follows: 48 5. "Service-disabled veteran" shall mean (a) in the case of the United 49 States army, navy, air force, marines, coast guard, army national guard 50 or air national guard and/or reserves thereof, or the United States 51 public health service, a veteran who received a compensation rating of 52 ten percent or greater from the United States department of veterans 53 affairs or from the United States department of defense because of a 54 service-connected disability incurred in the line of duty, and (b) in 55 the case of the New York guard or the New York naval militia and/or 56 reserves thereof, a veteran who certifies, pursuant to the rules andA. 5896 3 1 regulations promulgated by the director, to having incurred an injury 2 equivalent to a compensation rating of ten percent or greater from the 3 United States department of veterans affairs or from the United States 4 department of defense because of a service-connected disability incurred 5 in the line of duty. 6 7. "Veteran" shall mean a person who served in the United States army, 7 navy, air force, marines, coast guard, and/or reserves thereof, and/or 8 in the army national guard, air national guard, New York guard and/or 9 the New York naval militia, and/or who served as a member of the United 10 States public health service, and who (i) has received an honorable or 11 general discharge from such service, or (ii) has a qualifying condition, 12 as defined in section three hundred fifty of this chapter, and has 13 received a discharge other than bad conduct or dishonorable from such 14 service, or (iii) is a discharged LGBT veteran, as defined in section 15 three hundred fifty of this chapter, and has received a discharge other 16 than bad conduct or dishonorable from such service. 17 § 5. Subdivision 6 of section 210 of the economic development law, as 18 amended by chapter 490 of the laws of 2019, is amended to read as 19 follows: 20 6. "Veteran" shall mean a person who served in the United States army, 21 navy, air force, marines, coast guard, and/or reserves thereof, and/or 22 in the army national guard, air national guard, New York guard and/or 23 the New York naval militia, and/or who served as a member of the United 24 States public health service, and who (a) has received an honorable or 25 general discharge from such service, or (b) has a qualifying condition, 26 as defined in section three hundred fifty of the executive law, and has 27 received a discharge other than bad conduct or dishonorable from such 28 service, or (c) is a discharged LGBT veteran, 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. 31 § 6. Subdivision 6 of section 210 of the economic development law, as 32 amended by section 33 of part PP of chapter 56 of the laws of 2022, is 33 amended to read as follows: 34 6. "Veteran" shall mean a person who served in the United States army, 35 navy, air force, marines, coast guard, and/or reserves thereof, and/or 36 in the army national guard, air national guard, New York guard and/or 37 the New York naval militia, and/or who served as a member of the United 38 States public health service, and who (a) has received an honorable or 39 general discharge from such service, or (b) has a qualifying condition, 40 as defined in section one of the veterans' services law, and has 41 received a discharge other than bad conduct or dishonorable from such 42 service, or (c) is a discharged LGBT veteran, as defined in section one 43 of the veterans' services law, and has received a discharge other than 44 bad conduct or dishonorable from such service. 45 § 7. 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. 5896 4 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 one of the veterans' services law, and has received a 33 discharge other than bad conduct or dishonorable from such service, or 34 (c) is a discharged LGBT veteran, as defined in section one of the 35 veterans' services law, and has received a discharge other than bad 36 conduct or dishonorable from such service or who served as a United 37 States civilian Flight Crew and Aviation Ground Support Employee of Pan 38 American World Airways or one of its subsidiaries or its affiliates and 39 served overseas as a result of Pan American's contract with Air Trans- 40 port Command or Naval Air Transport Service during the period of armed 41 conflict, December fourteenth, nineteen hundred forty-one through August 42 fourteenth, nineteen hundred forty-five, and who (d) was discharged or 43 released therefrom under honorable conditions, or (e) has a qualifying 44 condition, as defined in section one of the veterans' services law, and 45 has received a discharge other than bad conduct or dishonorable from 46 such service, or (f) is a discharged LGBT veteran, as defined in section 47 one of the veterans' services law, and has received a discharge other 48 than bad conduct or dishonorable from such service or during the period 49 of the Korean conflict at any time between the dates of June twenty-sev- 50 enth, nineteen hundred fifty and January thirty-first, nineteen hundred 51 fifty-five, or during the period of the Vietnam conflict from the first 52 day of November, nineteen hundred fifty-five to the seventh day of May, 53 nineteen hundred seventy-five, or (ii) who served on active duty in the 54 armed forces of the United States and who was a recipient of the armed 55 forces expeditionary medal, navy expeditionary medal or marine corps 56 expeditionary medal for participation in operations in Lebanon from JuneA. 5896 5 1 first, nineteen hundred eighty-three to December first, nineteen hundred 2 eighty-seven, in Grenada from October twenty-third, nineteen hundred 3 eighty-three to November twenty-first, nineteen hundred eighty-three, or 4 in Panama from December twentieth, nineteen hundred eighty-nine to Janu- 5 ary thirty-first, nineteen hundred ninety, or (iii) who served in the 6 armed forces of a foreign country allied with the United States during 7 world war I or world war II, or during the period of the Korean conflict 8 at any time between June twenty-seventh, nineteen hundred fifty and 9 January thirty-first, nineteen hundred fifty-five, or during the period 10 of the Vietnam conflict from the first day of November, nineteen hundred 11 fifty-five to the seventh day of May, nineteen hundred seventy-five, or 12 during the period of the Persian Gulf conflict from the second day of 13 August, nineteen hundred ninety to the end of such conflict, or who 14 served on active duty in the army or navy or marine corps or air force 15 or coast guard of the United States, and who (a) was honorably 16 discharged or separated from such service under honorable conditions, or 17 (b) has a qualifying condition, as defined in section one of the veter- 18 ans' services law, and has received a discharge other than bad conduct 19 or dishonorable from such service, or (c) is a discharged LGBT veteran, 20 as defined in section one of the veterans' services law, and has 21 received a discharge other than bad conduct or dishonorable from such 22 service except where such action would endanger the public safety or the 23 safety or health of persons cared for by the state, in which event such 24 persons shall be entitled to leave of absence with pay on another day in 25 lieu thereof, or (iv) who served on active duty in the United States 26 public health service, and who (a) was honorably discharged or separated 27 from such service under honorable conditions, or (b) has a qualifying 28 condition, as defined in section three hundred fifty of the executive 29 law, and has received a discharge other than bad conduct or dishonorable 30 from such service, or (c) is a discharged LGBT veteran, as defined in 31 section three hundred fifty of the executive law, and has received a 32 discharge other than bad conduct or dishonorable from such service 33 except where such action would endanger the public safety or the safety 34 or health of persons cared for by the state, in which event such persons 35 shall be entitled to leave of absence with pay on another day in lieu 36 thereof. All such persons who are compensated on a per diem, hourly, 37 semi-monthly or monthly basis, with or without maintenance, shall also 38 be entitled to leave of absence with pay under the provisions of this 39 section and no deduction in vacation allowance or budgetary allowable 40 number of working days shall be made in lieu thereof. A refusal to give 41 such leave of absence to one entitled thereto shall be neglect of duty. 42 § 8. Section 63 of the public officers law, as amended by section 80 43 of part PP of chapter 56 of the laws of 2022, is amended to read as 44 follows: 45 § 63. Leave of absence for veterans on Memorial day and Veterans' day. 46 It shall be the duty of the head of every public department and of every 47 court of the state of New York, of every superintendent or foreman on 48 the public works of said state, of the county officers of the several 49 counties of said state, of the town officers of the various towns in 50 this state, of the fire district officers of the various fire districts 51 in this state, and of the head of every department, bureau and office in 52 the government of the various cities and villages in this state, and the 53 officers of any public benefit corporation or any public authority of 54 this state, or of any public benefit corporation or public authority of 55 any county or subdivision of this state, to give leave of absence with 56 pay for twenty-four hours on the day prescribed by law as a public holi-A. 5896 6 1 day for the observance of Memorial day and on the eleventh day of Novem- 2 ber, known as Veterans' day, to every person in the service of the 3 state, the county, the town, the fire district, the city or village, the 4 public benefit corporation or public authority of this state, or any 5 public benefit corporation or public authority of any county or subdivi- 6 sion of this state, as the case may be, (i) who served on active duty in 7 the armed forces of the United States during world war I or world war 8 II, or who was employed by the War Shipping Administration or Office of 9 Defense Transportation or their agents as a merchant seaman documented 10 by the United States Coast Guard or Department of Commerce, or as a 11 civil servant employed by the United States Army Transport Service 12 (later redesignated as the United States Army Transportation Corps, 13 Water Division) or the Naval Transportation Service; and who served 14 satisfactorily as a crew member during the period of armed conflict, 15 December seventh, nineteen hundred forty-one, to August fifteenth, nine- 16 teen hundred forty-five, aboard merchant vessels in oceangoing, i.e., 17 foreign, intercoastal, or coastwise service as such terms are defined 18 under federal law (46 USCA 10301 & 10501) and further to include "near 19 foreign" voyages between the United States and Canada, Mexico, or the 20 West Indies via ocean routes, or public vessels in oceangoing service or 21 foreign waters and who has received a Certificate of Release or 22 Discharge from Active Duty and a discharge certificate, or an Honorable 23 Service Certificate/Report of Casualty, from the Department of Defense, 24 or who served as a United States civilian employed by the American Field 25 Service and served overseas under United States Armies and United States 26 Army Groups in world war II during the period of armed conflict, Decem- 27 ber seventh, nineteen hundred forty-one through May eighth, nineteen 28 hundred forty-five, and who (a) was discharged or released therefrom 29 under honorable conditions, or (b) has a qualifying condition, as 30 defined in section one of the veterans' services law, and has received a 31 discharge other than bad conduct or dishonorable from such service, or 32 (c) is a discharged LGBT veteran, as defined in section one of the 33 veterans' services law, and has received a discharge other than bad 34 conduct or dishonorable from such service or who served as a United 35 States civilian Flight Crew and Aviation Ground Support Employee of Pan 36 American World Airways or one of its subsidiaries or its affiliates and 37 served overseas as a result of Pan American's contract with Air Trans- 38 port Command or Naval Air Transport Service during the period of armed 39 conflict, December fourteenth, nineteen hundred forty-one through August 40 fourteenth, nineteen hundred forty-five, and who (d) was discharged or 41 released therefrom under honorable conditions, or (e) has a qualifying 42 condition, as defined in section one of the veterans' services law, and 43 has received a discharge other than bad conduct or dishonorable from 44 such service, or (f) is a discharged LGBT veteran, as defined in section 45 one of the veterans' services law, and has received a discharge other 46 than bad conduct or dishonorable from such service or during the period 47 of the Korean conflict at any time between the dates of June twenty-sev- 48 enth, nineteen hundred fifty and January thirty-first, nineteen hundred 49 fifty-five, or during the period of the Vietnam conflict from the first 50 day of November, nineteen hundred fifty-five to the seventh day of May, 51 nineteen hundred seventy-five, or (ii) who served on active duty in the 52 armed forces of the United States and who was a recipient of the armed 53 forces expeditionary medal, navy expeditionary medal or marine corps 54 expeditionary medal for participation in operations in Lebanon from June 55 first, nineteen hundred eighty-three to December first, nineteen hundred 56 eighty-seven, in Grenada from October twenty-third, nineteen hundredA. 5896 7 1 eighty-three to November twenty-first, nineteen hundred eighty-three, or 2 in Panama from December twentieth, nineteen hundred eighty-nine to Janu- 3 ary thirty-first, nineteen hundred ninety, or (iii) who served in the 4 armed forces of a foreign country allied with the United States during 5 world war I or world war II, or during the period of the Korean conflict 6 at any time between June twenty-seventh, nineteen hundred fifty and 7 January thirty-first, nineteen hundred fifty-five, or during the period 8 of the Vietnam conflict from the first day of November, nineteen hundred 9 fifty-five to the seventh day of May, nineteen hundred seventy-five, or 10 during the period of the Persian Gulf conflict from the second day of 11 August, nineteen hundred ninety to the end of such conflict, or who 12 served on active duty in the army or navy or marine corps or air force 13 or coast guard of the United States, and who (a) was honorably 14 discharged or separated from such service under honorable conditions, or 15 (b) has a qualifying condition, as defined in section one of the veter- 16 ans' services law, and has received a discharge other than bad conduct 17 or dishonorable from such service, or (c) is a discharged LGBT veteran, 18 as defined in section one of the veterans' services law, and has 19 received a discharge other than bad conduct or dishonorable from such 20 service except where such action would endanger the public safety or the 21 safety or health of persons cared for by the state, in which event such 22 persons shall be entitled to leave of absence with pay on another day in 23 lieu thereof, or (iv) who served on active duty in the United States 24 public health service, and who (a) was honorably discharged or separated 25 from such service under honorable conditions, or (b) has a qualifying 26 condition, as defined in section three hundred fifty of the executive 27 law, and has received a discharge other than bad conduct or dishonorable 28 from such service, or (c) is a discharged LGBT veteran, as defined in 29 section three hundred fifty of the executive law, and has received a 30 discharge other than bad conduct or dishonorable from such service 31 except where such action would endanger the public safety or the safety 32 or health of persons cared for by the state, in which event such persons 33 shall be entitled to leave of absence with pay on another day in lieu 34 thereof. All such persons who are compensated on a per diem, hourly, 35 semi-monthly or monthly basis, with or without maintenance, shall also 36 be entitled to leave of absence with pay under the provisions of this 37 section and no deduction in vacation allowance or budgetary allowable 38 number of working days shall be made in lieu thereof. A refusal to give 39 such leave of absence to one entitled thereto shall be neglect of duty. 40 § 9. Subdivision 4-a of section 458 of the real property tax law, as 41 amended by chapter 490 of the laws of 2019, is amended to read as 42 follows: 43 4-a. For the purposes of this section, the term "military or naval 44 services" shall be deemed to also include service: (a) by a person who 45 was employed by the War Shipping Administration or Office of Defense 46 Transportation or their agents as a merchant seaman documented by the 47 United States Coast Guard or Department of Commerce, or as a civil serv- 48 ant employed by the United States Army Transport Service (later redesig- 49 nated as the United States Army Transportation Corps, Water Division) or 50 the Naval Transportation Service; and who served satisfactorily as a 51 crew member during the period of armed conflict, December seventh, nine- 52 teen hundred forty-one, to August fifteenth, nineteen hundred forty- 53 five, aboard merchant vessels in oceangoing, i.e., foreign, inter- 54 coastal, or coastwise service as such terms are defined under federal 55 law (46 USCA 10301 & 10501) and further to include "near foreign" 56 voyages between the United States and Canada, Mexico, or the West IndiesA. 5896 8 1 via ocean routes, or public vessels in oceangoing service or foreign 2 waters and who has received a Certificate of Release or Discharge from 3 Active Duty and a discharge certificate, or an Honorable Service 4 Certificate/Report of Casualty, from the department of defense; (b) 5 service by a United States civilian employed by the American Field 6 Service who served overseas under United States Armies and United States 7 Army Groups in world war II during the period of armed conflict, Decem- 8 ber seventh, nineteen hundred forty-one through May eighth, nineteen 9 hundred forty-five, and who (i) was discharged or released therefrom 10 under honorable conditions, or (ii) has a qualifying condition, as 11 defined in section three hundred fifty of the executive law, and has 12 received a discharge other than bad conduct or dishonorable from such 13 service, or (iii) is a discharged LGBT veteran, as defined in section 14 three hundred fifty of the executive law, and has received a discharge 15 other than bad conduct or dishonorable from such service; [or] (c) 16 service by a United States civilian Flight Crew and Aviation Ground 17 Support Employee of Pan American World Airways or one of its subsid- 18 iaries or its affiliates who served overseas as a result of Pan Ameri- 19 can's contract with Air Transport Command or Naval Air Transport Service 20 during the period of armed conflict, December fourteenth, nineteen 21 hundred forty-one through August fourteenth, nineteen hundred forty- 22 five, and who (i) was discharged or released therefrom under honorable 23 conditions, or (ii) has a qualifying condition, as defined in section 24 three hundred fifty of the executive law, and has received a discharge 25 other than bad conduct or dishonorable from such service, or (iii) is a 26 discharged LGBT veteran, as defined in section three hundred fifty of 27 the executive law, and has received a discharge other than bad conduct 28 or dishonorable from such service; or (d) service by a member of the 29 United States public health service and who (i) was discharged or 30 released therefrom under honorable conditions, or (ii) has a qualifying 31 condition, as defined in section three hundred fifty of the executive 32 law, and has received a discharge other than bad conduct or dishonorable 33 from such service, or (iii) is a discharged LGBT veteran, as defined in 34 section three hundred fifty of the executive law, and has received a 35 discharge other than bad conduct or dishonorable from such service. 36 § 10. Subdivision 4-a of section 458 of the real property tax law, as 37 amended by section 82 of part PP of chapter 56 of the laws of 2022, is 38 amended to read as follows: 39 4-a. For the purposes of this section, the term "military or naval 40 services" shall be deemed to also include service: (a) by a person who 41 was employed by the War Shipping Administration or Office of Defense 42 Transportation or their agents as a merchant seaman documented by the 43 United States Coast Guard or Department of Commerce, or as a civil serv- 44 ant employed by the United States Army Transport Service (later redesig- 45 nated as the United States Army Transportation Corps, Water Division) or 46 the Naval Transportation Service; and who served satisfactorily as a 47 crew member during the period of armed conflict, December seventh, nine- 48 teen hundred forty-one, to August fifteenth, nineteen hundred forty- 49 five, aboard merchant vessels in oceangoing, i.e., foreign, inter- 50 coastal, or coastwise service as such terms are defined under federal 51 law (46 USCA 10301 & 10501) and further to include "near foreign" 52 voyages between the United States and Canada, Mexico, or the West Indies 53 via ocean routes, or public vessels in oceangoing service or foreign 54 waters and who has received a Certificate of Release or Discharge from 55 Active Duty and a discharge certificate, or an Honorable Service 56 Certificate/Report of Casualty, from the department of defense; (b)A. 5896 9 1 service by a United States civilian employed by the American Field 2 Service who served overseas under United States Armies and United States 3 Army Groups in world war II during the period of armed conflict, Decem- 4 ber seventh, nineteen hundred forty-one through May eighth, nineteen 5 hundred forty-five, and who (i) was discharged or released therefrom 6 under honorable conditions, or (ii) has a qualifying condition, as 7 defined in section one of the veterans' services law, and has received a 8 discharge other than bad conduct or dishonorable from such service, or 9 (iii) is a discharged LGBT veteran, as defined in section one of the 10 veterans' services law, and has received a discharge other than bad 11 conduct or dishonorable from such service; or (c) service by a United 12 States civilian Flight Crew and Aviation Ground Support Employee of Pan 13 American World Airways or one of its subsidiaries or its affiliates who 14 served overseas as a result of Pan American's contract with Air Trans- 15 port Command or Naval Air Transport Service during the period of armed 16 conflict, December fourteenth, nineteen hundred forty-one through August 17 fourteenth, nineteen hundred forty-five, and who (i) was discharged or 18 released therefrom under honorable conditions, or (ii) has a qualifying 19 condition, as defined in section one of the veterans' services law, and 20 has received a discharge other than bad conduct or dishonorable from 21 such service, or (iii) is a discharged LGBT veteran, as defined in 22 section one of the veterans' services law, and has received a discharge 23 other than bad conduct or dishonorable from such service; or (d) service 24 by a member of the United States public health service and who (i) was 25 discharged or released therefrom under honorable conditions, or (ii) has 26 a qualifying condition, as defined in section three hundred fifty of the 27 executive law, and has received a discharge other than bad conduct or 28 dishonorable from such service, or (iii) is a discharged LGBT veteran, 29 as defined in section three hundred fifty of the executive law, and has 30 received a discharge other than bad conduct or dishonorable from such 31 service. 32 § 11. Paragraph (e) of subdivision 1 of section 458-a of the real 33 property tax law, as amended by chapter 490 of the laws of 2019, is 34 amended to read as follows: 35 (e) "Veteran" means a person (i) who served in the active military, 36 naval, or air service during a period of war, or who was a recipient of 37 the armed forces expeditionary medal, navy expeditionary medal, marine 38 corps expeditionary medal, or global war on terrorism expeditionary 39 medal, and who (1) was discharged or released therefrom under honorable 40 conditions, or (2) has a qualifying condition, 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, or (3) is a 43 discharged LGBT veteran, as defined in section three hundred fifty of 44 the executive law, and has received a discharge other than bad conduct 45 or dishonorable from such service, (ii) who was employed by the War 46 Shipping Administration or Office of Defense Transportation or their 47 agents as a merchant seaman documented by the United States Coast Guard 48 or Department of Commerce, or as a civil servant employed by the United 49 States Army Transport Service (later redesignated as the United States 50 Army Transportation Corps, Water Division) or the Naval Transportation 51 Service; and who served satisfactorily as a crew member during the peri- 52 od of armed conflict, December seventh, nineteen hundred forty-one, to 53 August fifteenth, nineteen hundred forty-five, aboard merchant vessels 54 in oceangoing, i.e., foreign, intercoastal, or coastwise service as such 55 terms are defined under federal law (46 USCA 10301 & 10501) and further 56 to include "near foreign" voyages between the United States and Canada,A. 5896 10 1 Mexico, or the West Indies via ocean routes, or public vessels in ocean- 2 going service or foreign waters and who has received a Certificate of 3 Release or Discharge from Active Duty and a discharge certificate, or an 4 Honorable Service Certificate/Report of Casualty, from the department of 5 defense, (iii) who served as a United States civilian employed by the 6 American Field Service and served overseas under United States Armies 7 and United States Army Groups in world war II during the period of armed 8 conflict, December seventh, nineteen hundred forty-one through May 9 eighth, nineteen hundred forty-five, and who (1) was discharged or 10 released therefrom under honorable conditions, or (2) has a qualifying 11 condition, as defined in section three hundred fifty of the executive 12 law, and has received a discharge other than bad conduct or dishonorable 13 from such service, or (3) is a discharged LGBT veteran, as defined in 14 section three hundred fifty of the executive law, and has received a 15 discharge other than bad conduct or dishonorable from such service, (iv) 16 who served as a United States civilian Flight Crew and Aviation Ground 17 Support Employee of Pan American World Airways or one of its subsid- 18 iaries or its affiliates and served overseas as a result of Pan Ameri- 19 can's contract with Air Transport Command or Naval Air Transport Service 20 during the period of armed conflict, December fourteenth, nineteen 21 hundred forty-one through August fourteenth, nineteen hundred forty- 22 five, and who (1) was discharged or released therefrom under honorable 23 conditions, or (2) has a qualifying condition, as defined in section 24 three hundred fifty of the executive law, and has received a discharge 25 other than bad conduct or dishonorable from such service, or (3) is a 26 discharged LGBT veteran, as defined in section three hundred fifty of 27 the executive law, and has received a discharge other than bad conduct 28 or dishonorable from such service, [or] (v) notwithstanding any other 29 provision of law to the contrary, who are members of the reserve compo- 30 nents of the armed forces of the United States who (1) received an 31 honorable discharge or release therefrom under honorable conditions, or 32 (2) has a qualifying condition, as defined in section three hundred 33 fifty of the executive law, and has received a discharge other than bad 34 conduct or dishonorable from such service, or (3) is a discharged LGBT 35 veteran, as defined in section three hundred fifty of the executive law, 36 and has received a discharge other than bad conduct or dishonorable from 37 such service, but are still members of the reserve components of the 38 armed forces of the United States provided that such members meet all 39 other qualifications under the provisions of this section, or (vi) who 40 served as a member of the United States public health service and who 41 (1) was discharged or released therefrom under honorable conditions, or 42 (2) has a qualifying condition, as defined in section three hundred 43 fifty of the executive law, and has received a discharge other than bad 44 conduct or dishonorable from such service, or (3) is a discharged LGBT 45 veteran, as defined in section three hundred fifty of the executive law, 46 and has received a discharge other than bad conduct or dishonorable from 47 such service. 48 § 12. Paragraph (e) of subdivision 1 of section 458-a of the real 49 property tax law, as amended by section 83 of part PP of chapter 56 of 50 the laws of 2022, is amended to read as follows: 51 (e) "Veteran" means a person (i) who served in the active military, 52 naval, or air service during a period of war, or who was a recipient of 53 the armed forces expeditionary medal, navy expeditionary medal, marine 54 corps expeditionary medal, or global war on terrorism expeditionary 55 medal, and who (1) was discharged or released therefrom under honorable 56 conditions, or (2) has a qualifying condition, as defined in section oneA. 5896 11 1 of the veterans' services law, and has received a discharge other than 2 bad conduct or dishonorable from such service, or (3) is a discharged 3 LGBT veteran, as defined in section one of the veterans' services law, 4 and has received a discharge other than bad conduct or dishonorable from 5 such service, (ii) who was employed by the War Shipping Administration 6 or Office of Defense Transportation or their agents as a merchant seaman 7 documented by the United States Coast Guard or Department of Commerce, 8 or as a civil servant employed by the United States Army Transport 9 Service (later redesignated as the United States Army Transportation 10 Corps, Water Division) or the Naval Transportation Service; and who 11 served satisfactorily as a crew member during the period of armed 12 conflict, December seventh, nineteen hundred forty-one, to August 13 fifteenth, nineteen hundred forty-five, aboard merchant vessels in 14 oceangoing, i.e., foreign, intercoastal, or coastwise service as such 15 terms are defined under federal law (46 USCA 10301 & 10501) and further 16 to include "near foreign" voyages between the United States and Canada, 17 Mexico, or the West Indies via ocean routes, or public vessels in ocean- 18 going service or foreign waters and who has received a Certificate of 19 Release or Discharge from Active Duty and a discharge certificate, or an 20 Honorable Service Certificate/Report of Casualty, from the department of 21 defense, (iii) who served as a United States civilian employed by the 22 American Field Service and served overseas under United States Armies 23 and United States Army Groups in world war II during the period of armed 24 conflict, December seventh, nineteen hundred forty-one through May 25 eighth, nineteen hundred forty-five, and who (1) was discharged or 26 released therefrom under honorable conditions, or (2) has a qualifying 27 condition, as defined in section one of the veterans' services law, and 28 has received a discharge other than bad conduct or dishonorable from 29 such service, or (3) is a discharged LGBT veteran, as defined in section 30 one of the veterans' services law, and has received a discharge other 31 than bad conduct or dishonorable from such service, (iv) who served as a 32 United States civilian Flight Crew and Aviation Ground Support Employee 33 of Pan American World Airways or one of its subsidiaries or its affil- 34 iates and served overseas as a result of Pan American's contract with 35 Air Transport Command or Naval Air Transport Service during the period 36 of armed conflict, December fourteenth, nineteen hundred forty-one 37 through August fourteenth, nineteen hundred forty-five, and who (1) was 38 discharged or released therefrom under honorable conditions, or (2) has 39 a qualifying condition, as defined in section one of the veterans' 40 services law, and has received a discharge other than bad conduct or 41 dishonorable from such service, or (3) is a discharged LGBT veteran, as 42 defined in section one of the veterans' services law, and has received a 43 discharge other than bad conduct or dishonorable from such service, or 44 (v) notwithstanding any other provision of law to the contrary, who are 45 members of the reserve components of the armed forces of the United 46 States who (1) received an honorable discharge or release therefrom 47 under honorable conditions, or (2) has a qualifying condition, as 48 defined in section one of the veterans' services law, and has received a 49 discharge other than bad conduct or dishonorable from such service, or 50 (3) is a discharged LGBT veteran, as defined in section one of the 51 veterans' services law, and has received a discharge other than bad 52 conduct or dishonorable from such service, but are still members of the 53 reserve components of the armed forces of the United States provided 54 that such members meet all other qualifications under the provisions of 55 this section, or (vi) who served as a member of the United States public 56 health service and who (1) was discharged or released therefrom underA. 5896 12 1 honorable conditions, or (2) has a qualifying condition, as defined in 2 section three hundred fifty of the executive law, and has received a 3 discharge other than bad conduct or dishonorable from such service, or 4 (3) is a discharged LGBT veteran, as defined in section three hundred 5 fifty of the executive law, and has received a discharge other than bad 6 conduct or dishonorable from such service. 7 § 13. Paragraphs (a) and (c) of subdivision 1 of section 458-b of the 8 real property tax law, paragraph (a) as amended by chapter 490 of the 9 laws of 2019 and paragraph (c) as added by chapter 655 of the laws of 10 2007, are amended to read as follows: 11 (a) "Cold War veteran" means a person, male or female, who served on 12 active duty in the United States armed forces or the United States 13 public health service, during the time period from September second, 14 nineteen hundred forty-five to December twenty-sixth, nineteen hundred 15 ninety-one, and (i) was discharged or released therefrom under honorable 16 conditions, or (ii) has a qualifying condition, as defined in section 17 three hundred fifty of the executive law, and has received a discharge 18 other than bad conduct or dishonorable from such service, or (iii) is a 19 discharged LGBT veteran, as defined in section three hundred fifty of 20 the executive law, and has received a discharge other than bad conduct 21 or dishonorable from such service. 22 (c) "Active duty" means full-time duty in the United States armed 23 forces or the United States public health service, other than active 24 duty for training. 25 § 14. Paragraph (a) of subdivision 1 of section 458-b of the real 26 property tax law, as amended by section 84 of part PP of chapter 56 of 27 the laws of 2022, is amended to read as follows: 28 (a) "Cold War veteran" means a person, male or female, who served on 29 active duty in the United States armed forces or the United States 30 public health service, during the time period from September second, 31 nineteen hundred forty-five to December twenty-sixth, nineteen hundred 32 ninety-one, and (i) was discharged or released therefrom under honorable 33 conditions, or (ii) has a qualifying condition, as defined in section 34 one of the veterans' services law, and has received a discharge other 35 than bad conduct or dishonorable from such service, or (iii) is a 36 discharged LGBT veteran, as defined in section one of the veterans' 37 services law, and has received a discharge other than bad conduct or 38 dishonorable from such service. 39 § 15. This act shall take effect immediately, provided, however, that; 40 (a) the amendments to articles 17, 17-A, and 17-B of the executive law 41 made by sections one, two, three, and four of this act shall not affect 42 the repeal of such articles and shall be deemed repealed therewith; 43 (b) the amendments to subdivision 6 of section 210 of the economic 44 development law made by section six of this act shall take effect on the 45 same date and in the same manner as section 33 of part PP of chapter 56 46 of the laws of 2022, takes effect; 47 (c) the amendments to section 63 of the public officers law made by 48 section eight of this act shall take effect on the same date and in the 49 same manner as section 80 of part PP of chapter 56 of the laws of 2022, 50 takes effect; 51 (d) the amendments to subdivision 4-a of section 458 of the real prop- 52 erty tax law made by section ten of this act shall take effect on the 53 same date and in the same manner as section 82 of part PP of chapter 56 54 of the laws of 2022, takes effect; 55 (e) the amendments to paragraph (e) of subdivision 1 of section 458-a 56 of the real property tax law made by section twelve of this act shallA. 5896 13 1 take effect on the same date and in the same manner as section 83 of 2 part PP of chapter 56 of the laws of 2022, takes effect; and 3 (f) the amendments to paragraph (a) of subdivision 1 of section 458-b 4 of the real property tax law made by section fourteen of this act shall 5 take effect on the same date and in the same manner as section 84 of 6 part PP of chapter 56 of the laws of 2022, takes effect.
