Bill Text: NY S07124 | 2021-2022 | General Assembly | Amended
Bill Title: Conforms the definition of a veteran serving in the Vietnam war era to newly enacted federal law (H.R. 7105) for veterans who served in-country in the Republic of Vietnam from between February 28, 1961 and May 7, 1975, to any active duty service in the Republic of Vietnam that occurred between November 1, 1955 and May 7, 1975.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2021-06-08 - SUBSTITUTED BY A7388B [S07124 Detail]
Download: New_York-2021-S07124-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 7124--A 2021-2022 Regular Sessions IN SENATE June 1, 2021 ___________ Introduced by Sen. BROOKS -- read twice and ordered printed, and when printed to be committed to the Committee on Housing, Construction and Community Development -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the real property tax law, the executive law, the educa- tion law, the public health law, the civil service law, the public officers law, the public housing law and the social services law, in relation to conforming the definition of a veteran serving in the Vietnam war era to newly enacted federal law (H.R. 7105) for veterans who served in-country in the Republic of Vietnam from between February 28, 1961 and May 7, 1975, to any active duty service in the Republic of Vietnam that occurred between November 1, 1955 and May 7, 1975 The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Paragraph (a) of subdivision 1 of section 458-a of the 2 real property tax law, as amended by chapter 179 of the laws of 2006, is 3 amended to read as follows: 4 (a) "Period of war" means the Spanish-American war; the Mexican border 5 period; World War I; World War II; the hostilities, known as the Korean 6 war, which commenced June twenty-seventh, nineteen hundred fifty and 7 terminated on January thirty-first, nineteen hundred fifty-five; the 8 hostilities, known as the Vietnam war, which commenced [February twen-9ty-eighth, nineteen hundred sixty-one] November first, nineteen hundred 10 fifty-five and terminated on May seventh, nineteen hundred seventy-five; 11 and the hostilities, known as the Persian Gulf conflict, which commenced 12 August second, nineteen hundred ninety. 13 § 2. Clause 7 of subparagraph (v) of paragraph a of subdivision 1 of 14 section 364 of the executive law, as amended by chapter 490 of the laws 15 of 2019, is amended to read as follows: EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD11047-02-1S. 7124--A 2 1 (7) in the Vietnam conflict from the [twenty-eighth day of February,2nineteen hundred sixty-one] first day of November, nineteen hundred 3 fifty-five to the seventh day of May, nineteen hundred seventy-five; 4 § 3. Paragraph (d) of subdivision 1 of section 668 of the education 5 law, as amended by chapter 261 of the laws of 1995, is amended to read 6 as follows: 7 (d) [December twenty-second, nineteen hundred sixty-one] November 8 first, nineteen hundred fifty-five to May seventh, nineteen hundred 9 seventy-five. 10 § 4. Subdivision 1 of section 668-c of the education law, as amended 11 by chapter 490 of the laws of 2019, is amended to read as follows: 12 1. Eligible students. Awards shall be made to Vietnam veterans' resi- 13 dent children born with Spina Bifida enrolled in approved undergraduate 14 or graduate programs at degree granting institutions. For the purpose of 15 this section, "Vietnam veteran" shall mean a person who served in Indo- 16 china at any time from the [twenty-second day of December, nineteen17hundred sixty-one] first day of November, nineteen hundred fifty-five, 18 to and including the seventh day of May, nineteen hundred seventy-five 19 and (a) was honorably discharged from the armed forces of the United 20 States, or (b) has a qualifying condition, as defined in section three 21 hundred fifty of the executive law, and has received a discharge other 22 than bad conduct or dishonorable from the armed forces of the United 23 States, or (c) is a discharged LGBT veteran, as defined in section three 24 hundred fifty of the executive law, and has received a discharge other 25 than bad conduct or dishonorable from the armed forces of the United 26 States; "born with Spina Bifida" shall mean a diagnosis at birth of such 27 disease inclusive of all forms, manifestations, complications and asso- 28 ciated medical conditions thereof, but shall not include Spina Bifida 29 Occulta. Such diagnosis shall be in accordance with the provisions of 30 the federal Spina Bifida program and shall be documented by the United 31 States Administration of Veterans' Affairs. 32 § 5. Paragraph a of subdivision 1 of section 669-a of the education 33 law, as amended by chapter 490 of the laws of 2019, is amended to read 34 as follows: 35 a. "Vietnam veteran" means (i) a person who is a resident of this 36 state, (ii) who served in the armed forces of the United States in Indo- 37 china at any time from the [twenty-eighth day of February, nineteen38hundred sixty-one] first day of November, nineteen hundred fifty-five, 39 to and including the seventh day of May, nineteen hundred seventy-five, 40 and (iii) who was either discharged therefrom under honorable condi- 41 tions, including but not limited to honorable discharge, discharge under 42 honorable conditions, or general discharge, or has a qualifying condi- 43 tion, as defined in section three hundred fifty of the executive law, 44 and has received a discharge other than bad conduct or dishonorable from 45 such service, or is a discharged LGBT veteran, as defined in section 46 three hundred fifty of the executive law, and has received a discharge 47 other than bad conduct or dishonorable from such service. 48 § 6. Paragraph (f) of subdivision 1 of section 2632 of the public 49 health law, as amended by chapter 414 of the laws of 2015, is amended to 50 read as follows: 51 (f) Viet Nam conflict between [February twenty-eighth, nineteen52hundred sixty-one] November first, nineteen hundred fifty-five and May 53 seventh, nineteen hundred seventy-five, both inclusive; or 54 § 7. Subparagraph 4 of paragraph (c) of subdivision 1 of section 85 of 55 the civil service law, as amended by chapter 179 of the laws of 2006, is 56 amended to read as follows:S. 7124--A 3 1 (4) Hostilities participated in by the military forces of the United 2 States, from the [twenty-eighth day of February, nineteen hundred3sixty-one] first day of November, nineteen hundred fifty-five to the 4 seventh day of May, nineteen hundred seventy-five. 5 § 8. Section 63 of the public officers law, as amended by chapter 490 6 of the laws of 2019, is amended to read as follows: 7 § 63. Leave of absence for veterans on Memorial day and Veterans' day. 8 It shall be the duty of the head of every public department and of every 9 court of the state of New York, of every superintendent or foreman on 10 the public works of said state, of the county officers of the several 11 counties of said state, of the town officers of the various towns in 12 this state, of the fire district officers of the various fire districts 13 in this state, and of the head of every department, bureau and office in 14 the government of the various cities and villages in this state, and the 15 officers of any public benefit corporation or any public authority of 16 this state, or of any public benefit corporation or public authority of 17 any county or subdivision of this state, to give leave of absence with 18 pay for twenty-four hours on the day prescribed by law as a public holi- 19 day for the observance of Memorial day and on the eleventh day of Novem- 20 ber, known as Veterans' day, to every person in the service of the 21 state, the county, the town, the fire district, the city or village, the 22 public benefit corporation or public authority of this state, or any 23 public benefit corporation or public authority of any county or subdivi- 24 sion of this state, as the case may be, (i) who served on active duty in 25 the armed forces of the United States during world war I or world war 26 II, or who was employed by the War Shipping Administration or Office of 27 Defense Transportation or their agents as a merchant seaman documented 28 by the United States Coast Guard or Department of Commerce, or as a 29 civil servant employed by the United States Army Transport Service 30 (later redesignated as the United States Army Transportation Corps, 31 Water Division) or the Naval Transportation Service; and who served 32 satisfactorily as a crew member during the period of armed conflict, 33 December seventh, nineteen hundred forty-one, to August fifteenth, nine- 34 teen hundred forty-five, aboard merchant vessels in oceangoing, i.e., 35 foreign, intercoastal, or coastwise service as such terms are defined 36 under federal law (46 USCA 10301 & 10501) and further to include "near 37 foreign" voyages between the United States and Canada, Mexico, or the 38 West Indies via ocean routes, or public vessels in oceangoing service or 39 foreign waters and who has received a Certificate of Release or 40 Discharge from Active Duty and a discharge certificate, or an Honorable 41 Service Certificate/Report of Casualty, from the Department of Defense, 42 or who served as a United States civilian employed by the American Field 43 Service and served overseas under United States Armies and United States 44 Army Groups in world war II during the period of armed conflict, Decem- 45 ber seventh, nineteen hundred forty-one through May eighth, nineteen 46 hundred forty-five, and who (a) was discharged or released therefrom 47 under honorable conditions, or (b) has a qualifying condition, as 48 defined in section three hundred fifty of the executive law, and has 49 received a discharge other than bad conduct or dishonorable from such 50 service, or (c) is a discharged LGBT veteran, as defined in section 51 three hundred fifty of the executive law, and has received a discharge 52 other than bad conduct or dishonorable from such service or who served 53 as a United States civilian Flight Crew and Aviation Ground Support 54 Employee of Pan American World Airways or one of its subsidiaries or its 55 affiliates and served overseas as a result of Pan American's contract 56 with Air Transport Command or Naval Air Transport Service during theS. 7124--A 4 1 period of armed conflict, December fourteenth, nineteen hundred forty- 2 one through August fourteenth, nineteen hundred forty-five, and who (d) 3 was discharged or released therefrom under honorable conditions, or (e) 4 has a qualifying condition, as defined in section three hundred fifty of 5 the executive law, and has received a discharge other than bad conduct 6 or dishonorable from such service, or (f) is a discharged LGBT veteran, 7 as defined in section three hundred fifty of the executive law, and has 8 received a discharge other than bad conduct or dishonorable from such 9 service or during the period of the Korean conflict at any time between 10 the dates of June twenty-seventh, nineteen hundred fifty and January 11 thirty-first, nineteen hundred fifty-five, or during the period of the 12 Vietnam conflict from the twenty-eighth day of February, nineteen 13 hundred sixty-one to the seventh day of May, nineteen hundred seventy- 14 five, or (ii) who served on active duty in the armed forces of the 15 United States and who was a recipient of the armed forces expeditionary 16 medal, navy expeditionary medal or marine corps expeditionary medal for 17 participation in operations in Lebanon from June first, nineteen hundred 18 eighty-three to December first, nineteen hundred eighty-seven, in Grena- 19 da from October twenty-third, nineteen hundred eighty-three to November 20 twenty-first, nineteen hundred eighty-three, or in Panama from December 21 twentieth, nineteen hundred eighty-nine to January thirty-first, nine- 22 teen hundred ninety, or (iii) who served in the armed forces of a 23 foreign country allied with the United States during world war I or 24 world war II, or during the period of the Korean conflict at any time 25 between June twenty-seventh, nineteen hundred fifty and January thirty- 26 first, nineteen hundred fifty-five, or during the period of the Vietnam 27 conflict from the [twenty-eighth day of February, nineteen hundred28sixty-one] first day of November, nineteen hundred fifty-five to the 29 seventh day of May, nineteen hundred seventy-five, or during the period 30 of the Persian Gulf conflict from the second day of August, nineteen 31 hundred ninety to the end of such conflict, or who served on active duty 32 in the army or navy or marine corps or air force or coast guard of the 33 United States, and who (a) was honorably discharged or separated from 34 such service under honorable conditions, or (b) has a qualifying condi- 35 tion, 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, or (c) is a discharged LGBT veteran, as defined in section 38 three hundred fifty of the executive law, and has received a discharge 39 other than bad conduct or dishonorable from such service except where 40 such action would endanger the public safety or the safety or health of 41 persons cared for by the state, in which event such persons shall be 42 entitled to leave of absence with pay on another day in lieu thereof. 43 All such persons who are compensated on a per diem, hourly, semi-monthly 44 or monthly basis, with or without maintenance, shall also be entitled to 45 leave of absence with pay under the provisions of this section and no 46 deduction in vacation allowance or budgetary allowable number of working 47 days shall be made in lieu thereof. A refusal to give such leave of 48 absence to one entitled thereto shall be neglect of duty. 49 § 9. Subparagraph 1 of paragraph b of subdivision 1 of section 156 of 50 the public housing law, as amended by chapter 179 of the laws of 2006, 51 is amended to read as follows: 52 (1) have served in the armed forces of the United States for a period 53 of at least six months (or any shorter period which terminated due to 54 death or injury incurred in such service), provided some portion of the 55 period of service was between the [twenty-eighth day of February, nine-S. 7124--A 5 1teen hundred sixty-one] first of November, nineteen hundred fifty-five 2 to the seventh day of May, nineteen hundred seventy-five, and 3 § 10. Paragraph 7 of subdivision 2 of section 168 of the social 4 services law, as amended by chapter 179 of the laws of 2006, is amended 5 to read as follows: 6 (7) Viet Nam conflict; from the [twenty-eighth day of February, nine-7teen hundred sixty-one] first of November, nineteen hundred fifty-five 8 to and including the seventh day of May, nineteen hundred seventy-five. 9 § 11. This act shall take effect immediately.