S T A T E   O F   N E W   Y O R K
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                                   7379
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                               May 22, 2023
                                ___________
 
 Introduced  by  Sen.  WEBB  --  (at  request of the Division of Veterans
   Services) -- read twice and ordered printed, and when  printed  to  be
   committed to the Committee on Veterans, Homeland Security and Military
   Affairs
 
 AN  ACT  to  amend the general construction law, in relation to granting
   veteran status to certain members of the armed forces  of  the  United
   States  who  participated  in  World Trade Center rescue, recovery, or
   cleanup
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section l. Section 13-a of the general construction law, as amended by
 section  60  of part PP of chapter 56 of the laws of 2022, is amended to
 read as follows:
   § 13-a. Armed forces of the United States. 1.  "Armed  forces  of  the
 United  States"  means the army, navy, marine corps, air force and coast
 guard including all components thereof, and the national guard  when  in
 the  service  of  the United States pursuant to call as provided by law.
 Pursuant to this definition no person shall be considered  a  member  or
 veteran  of  the  armed  forces  of  the United States unless his or her
 service therein is or was on a full-time active duty basis,  other  than
 active  duty  for training or he or she was employed by the War Shipping
 Administration or Office of Defense Transportation or their agents as  a
 merchant  seaman  documented by the United States Coast Guard or Depart-
 ment of Commerce, or as a civil servant employed by  the  United  States
 Army  Transport  Service  (later  redesignated as the United States Army
 Transportation  Corps,  Water  Division)  or  the  Naval  Transportation
 Service; and who served satisfactorily as a crew member during the peri-
 od  of  armed conflict, December seventh, nineteen hundred forty-one, to
 August fifteenth, nineteen hundred forty-five, aboard  merchant  vessels
 in oceangoing, i.e., foreign, intercoastal, or coastwise service as such
 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.
                                                            LBD06165-01-3
              

 S. 7379                             2
 
 to include "near foreign" voyages between the United States and  Canada,
 Mexico, or the West Indies via ocean routes, or public vessels in ocean-
 going  service  or  foreign waters and who has received a Certificate of
 Release or Discharge from Active Duty and a discharge certificate, or an
 Honorable Service Certificate/Report of Casualty, from the Department of
 Defense  or he or she served as a United States civilian employed by the
 American Field Service and served overseas under  United  States  Armies
 and United States Army Groups in world war II during the period of armed
 conflict,  December  seventh,  nineteen  hundred  forty-one  through May
 eighth, nineteen hundred forty-five, and (i) was discharged or  released
 therefrom  under  honorable  conditions, or (ii) has a qualifying condi-
 tion, as defined in section one of the veterans' services law,  and  has
 received  a  discharge  other than bad conduct or dishonorable from such
 service, or (iii) is a discharged LGBT veteran, as  defined  in  section
 one  of  the  veterans' services law, and has received a discharge other
 than bad conduct or dishonorable from such service, or he or she  served
 as  a  United  States  civilian  Flight Crew and Aviation Ground Support
 Employee of Pan American World Airways or one of its subsidiaries or its
 affiliates and served overseas as a result of  Pan  American's  contract
 with  Air  Transport  Command  or Naval Air Transport Service during the
 period of armed conflict, December fourteenth, nineteen  hundred  forty-
 one through August fourteenth, nineteen hundred forty-five, and (iv) was
 discharged  or released therefrom under honorable conditions, or (v) has
 a qualifying condition, as defined  in  section  one  of  the  veterans'
 services  law,  and  has  received a discharge other than bad conduct or
 dishonorable from such service, or (vi) is a discharged LGBT veteran, as
 defined in section one of the veterans' services law, and has received a
 discharge other than bad conduct or dishonorable from such service.
   2. ANY MEMBER OF THE NEW  YORK  AIR  NATIONAL  GUARD,  NEW  YORK  ARMY
 NATIONAL  GUARD,  NEW YORK NAVAL MILITIA, AND NEW YORK GUARD WHO PARTIC-
 IPATED IN WORLD TRADE CENTER RESCUE,  RECOVERY,  OR  CLEANUP  OPERATIONS
 DURING  AND IN THE AFTERMATH OF THE SEPTEMBER ELEVENTH, TWO THOUSAND ONE
 ATTACKS SHALL, UPON SUBMISSION OF PROPER DOCUMENTATION OF SERVICE, QUAL-
 IFY FOR VETERAN STATUS UNDER NEW YORK STATE  LAW.  PROPER  DOCUMENTATION
 MUST  BE SUBMITTED TO THE DEPARTMENT OF VETERANS' SERVICES FOR CONSIDER-
 ATION. ANY DETERMINATION MADE BY SUCH DEPARTMENT PERTAINING  TO  VETERAN
 STATUS SHALL BE FINAL.
   (A)  (I)  AS  DEFINED  IN  PARAGRAPH  (E) OF SUBDIVISION THIRTY-SIX OF
 SECTION TWO OF THE  RETIREMENT AND SOCIAL SECURITY LAW, "PARTICIPATED IN
 WORLD TRADE CENTER RESCUE, RECOVERY, OR CLEANUP OPERATIONS"  SHALL  MEAN
 ANY MEMBER WHO:
   (1) PARTICIPATED IN THE RESCUE, RECOVERY, OR CLEANUP OPERATIONS AT THE
 WORLD TRADE CENTER SITE;
   (2) WORKED AT THE FRESH KILLS LAND FILL IN NEW YORK;
   (3) WORKED AT THE NEW YORK CITY MORGUE OR THE TEMPORARY MORGUE ON PIER
 LOCATIONS ON THE WEST SIDE OF MANHATTAN;
   (4) MANNED THE BARGES BETWEEN THE WEST SIDE OF MANHATTAN AND THE FRESH
 KILLS LAND FILL IN NEW YORK; OR
   (5)  REPAIRED, CLEANED OR REHABILITATED VEHICLES OR EQUIPMENT, INCLUD-
 ING EMERGENCY VEHICLE RADIO EQUIPMENT OWNED BY THE CITY OF NEW YORK THAT
 WERE CONTAMINATED BY DEBRIS IN THE WORLD TRADE CENTER  SITE,  REGARDLESS
 OF  WHETHER  THE WORK ON THE REPAIR, CLEANING, OR REHABILITATION OF SAID
 VEHICLES AND EQUIPMENT WAS PERFORMED WITHIN THE WORLD TRADE CENTER SITE,
 PROVIDED SUCH WORK WAS PERFORMED PRIOR TO DECONTAMINATION OF SUCH  VEHI-
 CLES OR EQUIPMENT.
   (II) "PROPER DOCUMENTATION OF SERVICE" SHALL MEAN:
 S. 7379                             3
 
   (1) STATE ACTIVE DUTY ORDERS;
   (2) COMPETENT LAY EVIDENCE AS DEFINED IN 38 CFR § 3.159(A)(2); OR
   (3)  ANY  OTHER  DOCUMENTATION WHICH THE DEPARTMENT WILL CONSIDER ON A
 CASE-BY-CASE BASIS.
   (III) AS DEFINED IN PARAGRAPH (F) OF SUBDIVISION THIRTY-SIX OF SECTION
 TWO OF THE RETIREMENT AND SOCIAL SECURITY LAW:
   "WORLD TRADE CENTER SITE" SHALL MEAN ANYWHERE BELOW  A  LINE  STARTING
 FROM  THE  HUDSON  RIVER  AND CANAL STREET: EAST ON CANAL STREET TO PIKE
 STREET: SOUTH ON PIKE STREET TO THE EAST RIVER:  AND  EXTENDING  TO  THE
 LOWER TIP OF MANHATTAN.
   (B)  ANY  MEMBER  OF  THE  NEW  YORK AIR NATIONAL GUARD, NEW YORK ARMY
 NATIONAL GUARD, NEW YORK NAVAL MILITIA, AND NEW YORK GUARD WHO QUALIFIES
 FOR VETERAN STATUS, PURSUANT TO THIS ARTICLE, IS ELIGIBLE TO  APPLY  FOR
 ALL  STATE BENEFITS AVAILABLE TO VETERANS WHO ARE RESIDENTS OF THE STATE
 OF NEW YORK.
   § 2. This act shall take effect on the  same  date  and  in  the  same
 manner as section 60 of part PP of chapter 56 of the laws of 2022, takes
 effect.