Bill Text: NY A06055 | 2021-2022 | General Assembly | Amended

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Bill Title: Clarifies the definition of veteran to include career members of the armed forces for purposes of the veterans alternative tax exemption by considering individuals who meet certain conditions to have been discharged or released from active military, naval or air service despite the fact that no discharge may have been issued.

Spectrum: Moderate Partisan Bill (Democrat 10-3)

Status: (Engrossed - Dead) 2022-02-09 - REFERRED TO VETERANS, HOMELAND SECURITY AND MILITARY AFFAIRS [A06055 Detail]

Download: New_York-2021-A06055-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         6055--A

                               2021-2022 Regular Sessions

                   IN ASSEMBLY

                                      March 5, 2021
                                       ___________

        Introduced  by  M.  of  A.  WOERNER, GRIFFIN, BARNWELL, McMAHON, THIELE,
          D. ROSENTHAL, SIMPSON, MIKULIN,  DURSO,  McDONALD  --  read  once  and
          referred  to  the  Committee  on  Real  Property Taxation -- committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to said committee

        AN ACT to amend the real property tax law, in relation to clarifying the
          definition of veteran to include career members of  the  armed  forces
          for purposes of the veterans alternative tax exemption

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Paragraph (e) of subdivision 1 of section 458-a of the real
     2  property tax law, as amended by chapter 490 of  the  laws  of  2019,  is
     3  amended to read as follows:
     4    (e)  "Veteran"  means  a person (i) who served in the active military,
     5  naval, or air service during a period of war, or who was a recipient  of
     6  the  armed  forces expeditionary medal, navy expeditionary medal, marine
     7  corps expeditionary medal, or  global  war  on  terrorism  expeditionary
     8  medal,  and who (1) was discharged or released therefrom under honorable
     9  conditions, or (2) has a qualifying condition,  as  defined  in  section
    10  three  hundred  fifty of the executive law, and has received a discharge
    11  other than bad conduct or dishonorable from such service, or  (3)  is  a
    12  discharged  LGBT  veteran,  as defined in section three hundred fifty of
    13  the executive law, and has received a discharge other than  bad  conduct
    14  or  dishonorable  from  such  service,  (ii) who was employed by the War
    15  Shipping Administration or Office of  Defense  Transportation  or  their
    16  agents  as a merchant seaman documented by the United States Coast Guard
    17  or Department of Commerce, or as a civil servant employed by the  United
    18  States  Army  Transport Service (later redesignated as the United States
    19  Army Transportation Corps, Water Division) or the  Naval  Transportation
    20  Service; and who served satisfactorily as a crew member during the peri-
    21  od  of  armed conflict, December seventh, nineteen hundred forty-one, to
    22  August fifteenth, nineteen hundred forty-five, aboard  merchant  vessels
    23  in oceangoing, i.e., foreign, intercoastal, or coastwise service as such
    24  terms  are defined under federal law (46 USCA 10301 & 10501) and further

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02972-04-1
        A. 6055--A                          2

     1  to include "near foreign" voyages between the United States and  Canada,
     2  Mexico, or the West Indies via ocean routes, or public vessels in ocean-
     3  going  service  or  foreign waters and who has received a Certificate of
     4  Release or Discharge from Active Duty and a discharge certificate, or an
     5  Honorable Service Certificate/Report of Casualty, from the department of
     6  defense,  (iii)  who  served as a United States civilian employed by the
     7  American Field Service and served overseas under  United  States  Armies
     8  and United States Army Groups in world war II during the period of armed
     9  conflict,  December  seventh,  nineteen  hundred  forty-one  through May
    10  eighth, nineteen hundred forty-five,  and  who  (1)  was  discharged  or
    11  released  therefrom  under honorable conditions, or (2) has a qualifying
    12  condition, as defined in section three hundred fifty  of  the  executive
    13  law, and has received a discharge other than bad conduct or dishonorable
    14  from  such  service,  or (3) is a discharged LGBT veteran, 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, (iv)
    17  who  served  as a United States civilian Flight Crew and Aviation Ground
    18  Support Employee of Pan American World Airways or  one  of  its  subsid-
    19  iaries  or  its affiliates and served overseas as a result of Pan Ameri-
    20  can's contract with Air Transport Command or Naval Air Transport Service
    21  during the period  of  armed  conflict,  December  fourteenth,  nineteen
    22  hundred  forty-one  through  August  fourteenth, nineteen hundred forty-
    23  five, and who (1) was discharged or released therefrom  under  honorable
    24  conditions,  or  (2)  has  a qualifying condition, as defined in section
    25  three hundred fifty of the executive law, and has received  a  discharge
    26  other  than  bad  conduct or dishonorable from such service, or (3) is a
    27  discharged LGBT veteran, as defined in section three  hundred  fifty  of
    28  the  executive  law, and has received a discharge other than bad conduct
    29  or dishonorable from such service, [or] (v)  notwithstanding  any  other
    30  provision  of law to the contrary, who are members of the reserve compo-
    31  nents of the armed forces of the  United  States  who  (1)  received  an
    32  honorable  discharge or release therefrom under honorable conditions, or
    33  (2) has a qualifying condition, as  defined  in  section  three  hundred
    34  fifty  of the executive law, and has received a discharge other than bad
    35  conduct or dishonorable from such service, or (3) is a  discharged  LGBT
    36  veteran, as defined in section three hundred fifty of the executive law,
    37  and has received a discharge other than bad conduct or dishonorable from
    38  such  service,  but  are  still members of the reserve components of the
    39  armed forces of the United States provided that such  members  meet  all
    40  other  qualifications  under the provisions of this section, or (vi) who
    41  shall be considered to have been  discharged  or  released  from  active
    42  military,  naval,  or air service under honorable conditions if: (1) the
    43  individual served in the active military, naval, or air service for  the
    44  period  of time such individual was obligated  to serve  at  the time of
    45  entry  into service; (2) the individual was not discharged  or  released
    46  from  such service at the time of completing such  period  of obligation
    47  due to an intervening enlistment or  reenlistment;  (3)  the  individual
    48  would   have   been eligible for a discharge or release under conditions
    49  other than dishonorable at such time except for such intervening enlist-
    50  ment or reenlistment; and (4) the individual served in the active  mili-
    51  tary, naval, or air service for a period of at least ten years, provided
    52  that such individual meets all other qualifications under the provisions
    53  of this section.
    54    § 2. This act shall take effect immediately.