Bill Text: NY S05967 | 2023-2024 | General Assembly | Introduced
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: Bipartisan Bill
Status: (Engrossed) 2024-01-03 - REFERRED TO VETERANS, HOMELAND SECURITY AND MILITARY AFFAIRS [S05967 Detail]
Download: New_York-2023-S05967-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 5967 2023-2024 Regular Sessions IN SENATE March 23, 2023 ___________ Introduced by Sens. HARCKHAM, TEDISCO -- read twice and ordered printed, and when printed to be committed to the Committee on Veterans, Home- land Security and Military Affairs 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 section 83 of part PP of chapter 56 of 3 the laws of 2022, is 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 one 10 of the veterans' services law, and has received a discharge other than 11 bad conduct or dishonorable from such service, or (3) is a discharged 12 LGBT veteran, as defined in section one of the veterans' services law, 13 and has received a discharge other than bad conduct or dishonorable from 14 such service, (ii) who was employed by the War Shipping Administration 15 or Office of Defense Transportation or their agents as a merchant seaman 16 documented by the United States Coast Guard or Department of Commerce, 17 or as a civil servant employed by the United States Army Transport 18 Service (later redesignated as the United States Army Transportation 19 Corps, Water Division) or the Naval Transportation Service; and who 20 served satisfactorily as a crew member during the period of armed 21 conflict, December seventh, nineteen hundred forty-one, to August 22 fifteenth, nineteen hundred forty-five, aboard merchant vessels in 23 oceangoing, i.e., foreign, intercoastal, or coastwise service as such 24 terms are defined under federal law (46 USCA 10301 & 10501) and further 25 to include "near foreign" voyages between the United States and Canada, 26 Mexico, or the West Indies via ocean routes, or public vessels in ocean- EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD06348-01-3S. 5967 2 1 going service or foreign waters and who has received a Certificate of 2 Release or Discharge from Active Duty and a discharge certificate, or an 3 Honorable Service Certificate/Report of Casualty, from the department of 4 defense, (iii) who served as a United States civilian employed by the 5 American Field Service and served overseas under United States Armies 6 and United States Army Groups in world war II during the period of armed 7 conflict, December seventh, nineteen hundred forty-one through May 8 eighth, nineteen hundred forty-five, and who (1) was discharged or 9 released therefrom under honorable conditions, or (2) has a qualifying 10 condition, as defined in section one of the veterans' services law, and 11 has received a discharge other than bad conduct or dishonorable from 12 such service, or (3) is a discharged LGBT veteran, as defined in section 13 one of the veterans' services law, and has received a discharge other 14 than bad conduct or dishonorable from such service, (iv) who served as a 15 United States civilian Flight Crew and Aviation Ground Support Employee 16 of Pan American World Airways or one of its subsidiaries or its affil- 17 iates and served overseas as a result of Pan American's contract with 18 Air Transport Command or Naval Air Transport Service during the period 19 of armed conflict, December fourteenth, nineteen hundred forty-one 20 through August fourteenth, nineteen hundred forty-five, and who (1) was 21 discharged or released therefrom under honorable conditions, or (2) has 22 a qualifying condition, as defined in section one of the veterans' 23 services law, and has received a discharge other than bad conduct or 24 dishonorable from such service, or (3) is a discharged LGBT veteran, as 25 defined in section one of the veterans' services law, and has received a 26 discharge other than bad conduct or dishonorable from such service, or 27 (v) notwithstanding any other provision of law to the contrary, who are 28 members of the reserve components of the armed forces of the United 29 States who (1) received an honorable discharge or release therefrom 30 under honorable conditions, or (2) has a qualifying condition, as 31 defined in section one of the veterans' services law, and has received a 32 discharge other than bad conduct or dishonorable from such service, or 33 (3) is a discharged LGBT veteran, as defined in section one of the 34 veterans' services law, and has received a discharge other than bad 35 conduct or dishonorable from such service, but are still members of the 36 reserve components of the armed forces of the United States provided 37 that such members meet all other qualifications under the provisions of 38 this section, or (vi) who shall be considered to have been discharged or 39 released from active military, naval, or air service under honorable 40 conditions if: (1) the individual served in the active military, naval, 41 or air service for the period of time such individual was obligated to 42 serve at the time of entry into service; (2) the individual was not 43 discharged or released from such service at the time of completing such 44 period of obligation due to an intervening enlistment or reenlistment; 45 (3) the individual would have been eligible for a discharge or release 46 under conditions other than dishonorable at such time except for such 47 intervening enlistment or reenlistment; and (4) the individual served in 48 the active military, naval, or air service for a period of at least ten 49 years, provided that such individual meets all other qualifications 50 under the provisions of this section. 51 § 2. This act shall take effect immediately; provided however, that if 52 section 83 of part PP of chapter 56 of the laws of 2022 shall not have 53 taken effect on or before such date then this act shall take effect on 54 the same date and in the same manner as such section of such part of 55 such chapter of the laws of 2022, takes effect.
