S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5233
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             February 26, 2021
                                ___________
 
 Introduced  by  Sen. SKOUFIS -- read twice and ordered printed, and when
   printed to be committed to the Committee on Veterans, Homeland Securi-
   ty and Military Affairs
 
 AN ACT to amend the tax law, the executive law, the economic development
   law, the public officers law, the real property tax law and the  mili-
   tary  law,  in  relation  to  expanding  the  definition of veteran to
   include members of the commissioned corps of the national oceanic  and
   atmospheric administration
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subparagraph (A) of paragraph  2  of  subsection  (a-2)  of
 section  606  of  the  tax law, as amended by chapter 490 of the laws of
 2019, is amended to read as follows:
   (A) who served on active duty in the United  States  army,  navy,  air
 force,  marine corps, coast guard or the reserves thereof, or who served
 in active military service of the United States as a member of the  army
 national  guard,  air  national  guard, New York guard or New York naval
 militia, OR WHO SERVED AS A MEMBER OF  THE  COMMISSIONED  CORPS  OF  THE
 NATIONAL  OCEANIC  AND  ATMOSPHERIC ADMINISTRATION; who (i) was released
 from active duty by general or honorable discharge after September elev-
 enth, two thousand one, or (ii) has a qualifying condition,  as  defined
 in  section three hundred fifty of the executive law, and has received a
 discharge other than bad conduct or dishonorable from such service after
 September eleventh, two thousand one, or  (iii)  is  a  discharged  LGBT
 veteran, as defined in section three hundred fifty of the executive law,
 and has received a discharge other than bad conduct or dishonorable from
 such service after September eleventh, two thousand one;
   §  2.  Subparagraph  (A) of paragraph 2 of subsection (g-1) of section
 1511 of the tax law, as amended by chapter 490 of the laws of  2019,  is
 amended to read as follows:

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09436-01-1
              

 S. 5233                             2
 
   (A)  who  served  on  active duty in the United States army, navy, air
 force, marine corps, coast guard or the reserves thereof, or who  served
 in  active military service of the United States as a member of the army
 national guard, air national guard, New York guard  or  New  York  naval
 militia,  OR  WHO  SERVED ON ACTIVE DUTY AS A MEMBER OF THE COMMISSIONED
 CORPS OF THE NATIONAL OCEANIC AND ATMOSPHERIC  ADMINISTRATION;  who  (i)
 was  released  from  active duty by general or honorable discharge after
 September eleventh, two thousand one, or (ii) has  a  qualifying  condi-
 tion,  as  defined  in section three hundred fifty of the executive law,
 and has received a discharge other than bad conduct or dishonorable from
 such service after September eleventh, two thousand one, or (iii)  is  a
 discharged  LGBT  veteran,  as defined in section three hundred fifty of
 the executive law, and has received a discharge other than  bad  conduct
 or dishonorable from such service after September eleventh, two thousand
 one;
   §  3.  Subparagraph  1  of  paragraph (b) of subdivision 29 of section
 210-B of the tax law, as amended by chapter 490 of the laws of 2019,  is
 amended to read as follows:
   (1)  who  served  on  active duty in the United States army, navy, air
 force, marine corps, coast guard or the reserves thereof, or who  served
 in  active military service of the United States as a member of the army
 national guard, air national guard, New York guard  or  New  York  naval
 militia,  OR  WHO  SERVED ON ACTIVE DUTY AS A MEMBER OF THE COMMISSIONED
 CORPS OF THE NATIONAL OCEANIC AND ATMOSPHERIC  ADMINISTRATION;  who  (i)
 was  released  from  active duty by general or honorable discharge after
 September eleventh, two thousand one, or (ii) has  a  qualifying  condi-
 tion,  as  defined  in section three hundred fifty of the executive law,
 and has received a discharge other than bad conduct or dishonorable from
 such service after September eleventh, two thousand one, or (iii)  is  a
 discharged  LGBT  veteran,  as defined in section three hundred fifty of
 the executive law, and has received a discharge other than  bad  conduct
 or dishonorable from such service after September eleventh, two thousand
 one;
   §  4. Subdivisions 3 and 9 of section 350 of the executive law, subdi-
 vision 9 as added by chapter 490 of the laws of  2019,  are  amended  to
 read as follows:
   3. The term "veteran" means a person, male or female, resident of this
 state,  who  has  served  in the active military or naval service of the
 United States OR THE ACTIVE SERVICE OF THE  COMMISSIONED  CORPS  OF  THE
 NATIONAL  OCEANIC  AND  ATMOSPHERIC ADMINISTRATION during a war in which
 the United States engaged and who has been released  from  such  service
 otherwise  than by dishonorable discharge, or who has been furloughed to
 the reserve.
   9. The  term  "discharged  LGBT  veteran"  means  a  veteran  who  was
 discharged  less  than  honorably  from military or naval service OR THE
 COMMISSIONED CORPS OF THE  NATIONAL  OCEANIC  AND  ATMOSPHERIC  ADMINIS-
 TRATION   due   to  their  sexual  orientation  or  gender  identity  or
 expression, as those terms are defined in section two hundred ninety-two
 of this chapter, or statements, consensual sexual conduct, or consensual
 acts relating to sexual orientation, gender identity or  expression,  or
 the disclosure of such statements, conduct, or acts, that were prohibit-
 ed  by the military or naval service at the time of discharge. The divi-
 sion shall establish a  consistent  and  uniform  process  to  determine
 whether  a  veteran  qualifies  as  a discharged LGBT veteran under this
 subdivision, including, at a minimum, standards for verifying  a  veter-

 S. 5233                             3

 an's  status as a discharged LGBT veteran, and a method of demonstrating
 eligibility as a discharged LGBT veteran.
   §  5. The opening paragraph of paragraph a and paragraph c of subdivi-
 sion 1 of section 364 of the executive law,  the  opening  paragraph  of
 paragraph  a as amended by chapter 490 of the laws of 2019 and paragraph
 c as added by chapter 751 of the laws of 1985, are amended  to  read  as
 follows:
   The word "veteran," as used in this article shall be taken to mean and
 include  any  person who is a resident of the state of New York, and who
 (i) has been or may be given an honorable, general or ordinary discharge
 or any other form of release from such service,  except  a  dishonorable
 discharge,   a  bad  conduct  discharge,  an  undesirable  discharge,  a
 discharge without honor or a discharge for the good of the  service,  or
 (ii)  has  a  qualifying  condition, as defined in section three hundred
 fifty of this article, 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 three hundred fifty of this article, and
 has received a discharge other than bad  conduct  or  dishonorable  from
 such  service,  and who (iv) was a recipient of the armed forces expedi-
 tionary medal, the navy expeditionary medal or the marine corps  expedi-
 tionary  medal  for  participation  in  operations  in Lebanon from June
 first, nineteen hundred eighty-three to December first, nineteen hundred
 eighty-seven, in Grenada from  October  twenty-third,  nineteen  hundred
 eighty-three to November twenty-first, nineteen hundred eighty-three, or
 in Panama from December twentieth, nineteen hundred eighty-nine to Janu-
 ary  thirty-first, nineteen hundred ninety, or (v) SERVED IN THE COMMIS-
 SIONED CORPS OF THE NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION,  OR
 (VI)  served  on active duty for ninety days or more in the armed forces
 of the United States during any one of the  following  wars  or  hostil-
 ities:
   c. The term "active duty" as used in this article shall mean full time
 duty  in  the  armed  forces  OR  THE COMMISSIONED CORPS OF THE NATIONAL
 OCEANIC AND ATMOSPHERIC  ADMINISTRATION,  other  than  active  duty  for
 training;  provided,  however, that "active duty" shall also include any
 period of active duty for training during which the individual concerned
 was disabled or died from a disease or  injury  incurred  or  aggravated
 during such period.
   §  6. Subdivision 3 of section 369-b of the executive law, as added by
 chapter 557 of the laws of 2013, is amended to read as follows:
   3. "Veteran" shall mean an individual who served on active duty in the
 United States army, navy, marine corps, air force, coast  guard  or  the
 reserves  component,  or  who  served  in active military service of the
 United States as a member of  the  army  national  guard,  air  national
 guard, New York guard or New York naval militia, OR WHO SERVED IN ACTIVE
 SERVICE  AS  A  MEMBER OF THE COMMISSIONED CORPS OF THE NATIONAL OCEANIC
 AND ATMOSPHERIC ADMINISTRATION,  who  was  released  from  such  service
 otherwise  then  by dishonorable discharge after September eleventh, two
 thousand one.
   § 7. Subdivisions 5 and 7 of  section  369-h  of  the  executive  law,
 subdivision 5 as added by chapter 22 of the laws of 2014 and subdivision
 7  as amended by chapter 490 of the laws of 2019, are amended to read as
 follows:
   5. "Service-disabled veteran" shall mean (a) in the case of the United
 States army, navy, air force, marines, coast guard, army national  guard
 or air national guard and/or reserves thereof, OR THE COMMISSIONED CORPS
 OF  THE  NATIONAL  OCEANIC AND ATMOSPHERIC ADMINISTRATION, a veteran who

 S. 5233                             4
 
 received a compensation rating of ten percent or greater from the United
 States department of veterans affairs or from the United States  depart-
 ment  of  defense  because of a service-connected disability incurred in
 the  line  of duty, and (b) in the case of the New York guard or the New
 York naval militia and/or reserves thereof,  a  veteran  who  certifies,
 pursuant  to  the  rules and regulations promulgated by the director, to
 having incurred an injury equivalent to a  compensation  rating  of  ten
 percent or greater from the United States department of veterans affairs
 or  from  the  United States department of defense because of a service-
 connected disability incurred in the line of duty.
   7. "Veteran" shall mean a person who served in the United States army,
 navy, air force, marines, coast guard, and/or reserves  thereof,  and/or
 in  the  army  national guard, air national guard, New York guard and/or
 the New York naval militia, AND/OR WHO SERVED AS A MEMBER OF THE COMMIS-
 SIONED CORPS OF THE NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION, and
 who (i) has  received  an  honorable  or  general  discharge  from  such
 service, or (ii) has a qualifying condition, as defined in section three
 hundred  fifty  of this chapter, 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 three hundred fifty of this chapter,
 and has received a discharge other than bad conduct or dishonorable from
 such service.
   §  8. Subdivision 6 of section 210 of the economic development law, as
 amended by chapter 490 of the laws  of  2019,  is  amended  to  read  as
 follows:
   6. "Veteran" shall mean a person who served in the United States army,
 navy,  air  force, marines, coast guard, and/or reserves thereof, and/or
 in the army national guard, air national guard, New  York  guard  and/or
 THE New York naval militia, AND/OR WHO SERVED AS A MEMBER OF THE COMMIS-
 SIONED CORPS OF THE NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION, and
 who  (a)  has  received  an  honorable  or  general  discharge from such
 service, or (b) has a qualifying condition, as defined in section  three
 hundred  fifty  of the executive law, and has received a discharge other
 than bad conduct  or  dishonorable  from  such  service,  or  (c)  is  a
 discharged  LGBT  veteran,  as defined in section three hundred fifty of
 the executive law, and has received a discharge other than  bad  conduct
 or dishonorable from such service.
   §  9. Section 63 of the public officers law, as amended by chapter 490
 of the laws of 2019, is amended to read as follows:
   § 63. Leave of absence for veterans on Memorial day and Veterans' day.
 It shall be the duty of the head of every public department and of every
 court of the state of New York, of every superintendent  or  foreman  on
 the  public  works  of said state, of the county officers of the several
 counties of said state, of the town officers of  the  various  towns  in
 this  state, of the fire district officers of the various fire districts
 in this state, and of the head of every department, bureau and office in
 the government of the various cities and villages in this state, and the
 officers of any public benefit corporation or any  public  authority  of
 this  state, or of any public benefit corporation or public authority of
 any county or subdivision of this state, to give leave of  absence  with
 pay for twenty-four hours on the day prescribed by law as a public holi-
 day for the observance of Memorial day and on the eleventh day of Novem-
 ber,  known  as  Veterans'  day,  to  every person in the service of the
 state, the county, the town, the fire district, the city or village, the
 public benefit corporation or public authority of  this  state,  or  any
 public benefit corporation or public authority of any county or subdivi-

 S. 5233                             5
 
 sion of this state, as the case may be, (i) who served on active duty in
 the  armed  forces  of the United States during world war I or world war
 II, or who 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 Department  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  period  of  armed  conflict,
 December seventh, nineteen hundred forty-one, to August fifteenth, nine-
 teen  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 to include "near
 foreign" voyages between the United States and Canada,  Mexico,  or  the
 West Indies via ocean routes, or public vessels in oceangoing 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 who 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,  Decem-
 ber  seventh,  nineteen  hundred  forty-one through May eighth, nineteen
 hundred forty-five, and who (a) was  discharged  or  released  therefrom
 under  honorable  conditions,  or  (b)  has  a  qualifying condition, as
 defined in section three hundred fifty of the  executive  law,  and  has
 received  a  discharge  other than bad conduct or dishonorable from such
 service, or (c) is a discharged LGBT  veteran,  as  defined  in  section
 three  hundred  fifty of the executive law, and has received a discharge
 other than bad conduct or dishonorable from such service or  who  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 who (d)
 was discharged or released therefrom under honorable conditions, or  (e)
 has a qualifying condition, as defined in section three hundred fifty of
 the  executive  law, and has received a discharge other than bad conduct
 or dishonorable from such service, or (f) is a discharged LGBT  veteran,
 as  defined in section three hundred fifty of the executive law, and has
 received a discharge other than bad conduct or  dishonorable  from  such
 service  or during the period of the Korean conflict at any time between
 the dates of June twenty-seventh, nineteen  hundred  fifty  and  January
 thirty-first,  nineteen  hundred fifty-five, or during the period of the
 Vietnam conflict  from  the  twenty-eighth  day  of  February,  nineteen
 hundred  sixty-one  to the seventh day of May, nineteen hundred seventy-
 five, or (ii) who served on active duty  in  the  armed  forces  of  the
 United  States and who was a recipient of the armed forces expeditionary
 medal, navy expeditionary medal or marine corps expeditionary medal  for
 participation in operations in Lebanon from June first, nineteen hundred
 eighty-three to December first, nineteen hundred eighty-seven, in Grena-
 da  from October twenty-third, nineteen hundred eighty-three to November
 twenty-first, nineteen hundred eighty-three, or in Panama from  December
 twentieth,  nineteen  hundred eighty-nine to January thirty-first, nine-
 teen hundred ninety, or (iii) who  served  in  the  armed  forces  of  a
 foreign  country  allied  with  the  United States during world war I or

 S. 5233                             6
 
 world war II, or during the period of the Korean conflict  at  any  time
 between  June twenty-seventh, nineteen hundred fifty and January thirty-
 first, nineteen hundred fifty-five, or during the period of the  Vietnam
 conflict  from  the  twenty-eighth  day  of  February,  nineteen hundred
 sixty-one to the seventh day of May, nineteen hundred  seventy-five,  or
 during  the  period  of the Persian Gulf conflict from the second day of
 August, nineteen hundred ninety to the end  of  such  conflict,  or  who
 served  on  active duty in the army or navy or marine corps or air force
 or coast  guard  of  the  United  States,  and  who  (a)  was  honorably
 discharged or separated from such service under honorable conditions, or
 (b)  has  a  qualifying  condition,  as defined in section three hundred
 fifty of the executive law, and has received a discharge other than  bad
 conduct  or  dishonorable from such service, or (c) is a discharged LGBT
 veteran, as defined in section three hundred fifty of the executive law,
 and has received a discharge other than bad conduct or dishonorable from
 such service except where such action would endanger the  public  safety
 or  the  safety  or  health  of persons cared for by the state, in which
 event such persons shall be entitled to leave of  absence  with  pay  on
 another  day  in  lieu thereof, OR (IV) WHO SERVED ON ACTIVE DUTY IN THE
 COMMISSIONED CORPS OF THE  NATIONAL  OCEANIC  AND  ATMOSPHERIC  ADMINIS-
 TRATION,  AND  WHO  (A)  WAS HONORABLY DISCHARGED OR SEPARATED FROM SUCH
 SERVICE UNDER HONORABLE CONDITIONS, OR (B) HAS A  QUALIFYING  CONDITION,
 AS  DEFINED IN SECTION THREE HUNDRED FIFTY OF THE EXECUTIVE LAW, AND HAS
 RECEIVED A DISCHARGE OTHER THAN BAD CONDUCT OR  DISHONORABLE  FROM  SUCH
 SERVICE,  OR  (C)  IS  A  DISCHARGED LGBT VETERAN, AS DEFINED IN SECTION
 THREE HUNDRED FIFTY OF THE EXECUTIVE LAW, AND HAS RECEIVED  A  DISCHARGE
 OTHER  THAN  BAD  CONDUCT OR DISHONORABLE FROM SUCH SERVICE EXCEPT WHERE
 SUCH ACTION WOULD ENDANGER THE PUBLIC SAFETY OR THE SAFETY OR HEALTH  OF
 PERSONS  CARED  FOR  BY  THE STATE, IN WHICH EVENT SUCH PERSONS SHALL BE
 ENTITLED TO LEAVE OF ABSENCE WITH PAY ON ANOTHER DAY  IN  LIEU  THEREOF.
 All such persons who are compensated on a per diem, hourly, semi-monthly
 or monthly basis, with or without maintenance, shall also be entitled to
 leave  of  absence  with pay under the provisions of this section and no
 deduction in vacation allowance or budgetary allowable number of working
 days shall be made in lieu thereof. A refusal  to  give  such  leave  of
 absence to one entitled thereto shall be neglect of duty.
   §  10. Subdivision 4-a of section 458 of the real property tax law, as
 amended by chapter 490 of the laws  of  2019,  is  amended  to  read  as
 follows:
   4-a.  For  the  purposes  of this section, the term "military or naval
 services" shall be deemed to also include service: (a) by a  person  who
 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 Department of Commerce, or as a civil serv-
 ant employed by the United States Army Transport Service (later redesig-
 nated as the United States Army Transportation Corps, Water Division) or
 the  Naval  Transportation  Service;  and who served satisfactorily as a
 crew member during the period of armed conflict, December seventh, nine-
 teen hundred forty-one, to August  fifteenth,  nineteen  hundred  forty-
 five,  aboard  merchant  vessels  in  oceangoing,  i.e., foreign, inter-
 coastal, or coastwise service as such terms are  defined  under  federal
 law  (46  USCA  10301  &  10501)  and  further to include "near foreign"
 voyages between the United States and Canada, Mexico, or the West Indies
 via ocean routes, or public vessels in  oceangoing  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

 S. 5233                             7

 Certificate/Report  of  Casualty,  from  the  department of defense; (b)
 service by a United States  civilian  employed  by  the  American  Field
 Service who served overseas under United States Armies and United States
 Army  Groups in world war II during the period of armed conflict, Decem-
 ber seventh, nineteen hundred forty-one  through  May  eighth,  nineteen
 hundred  forty-five,  and  who  (i) was discharged or released therefrom
 under honorable conditions, or  (ii)  has  a  qualifying  condition,  as
 defined  in  section  three  hundred fifty of the executive 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
 three hundred fifty of the executive law, and has received  a  discharge
 other  than  bad  conduct  or  dishonorable  from such service; [or] (c)
 service by a United States civilian  Flight  Crew  and  Aviation  Ground
 Support  Employee  of  Pan  American World Airways or one of its subsid-
 iaries or its affiliates who served overseas as a result of  Pan  Ameri-
 can'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  who (i) was discharged or released therefrom under honorable
 conditions, or (ii) has a qualifying condition, as  defined  in  section
 three  hundred  fifty of the executive 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 three hundred fifty of
 the executive law, and has received a discharge other than  bad  conduct
 or  dishonorable  from  such  service; OR (D) SERVICE BY A MEMBER OF THE
 COMMISSIONED CORPS OF THE  NATIONAL  OCEANIC  AND  ATMOSPHERIC  ADMINIS-
 TRATION AND WHO (I) WAS DISCHARGED OR RELEASED THEREFROM UNDER HONORABLE
 CONDITIONS,  OR  (II)  HAS A QUALIFYING CONDITION, AS DEFINED IN SECTION
 THREE HUNDRED FIFTY OF THE EXECUTIVE 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 THREE  HUNDRED  FIFTY  OF
 THE  EXECUTIVE  LAW, AND HAS RECEIVED A DISCHARGE OTHER THAN BAD CONDUCT
 OR DISHONORABLE FROM SUCH SERVICE.
   § 11. Paragraph (e) of subdivision 1 of  section  458-a  of  the  real
 property  tax  law,  as  amended  by chapter 490 of the laws of 2019, is
 amended to read as follows:
   (e) "Veteran" means a person (i) who served in  the  active  military,
 naval,  or air service during a period of war, or who was a recipient of
 the armed forces expeditionary medal, navy expeditionary  medal,  marine
 corps  expeditionary  medal,  or  global  war on terrorism expeditionary
 medal, and who (1) was discharged or released therefrom under  honorable
 conditions,  or  (2)  has  a qualifying condition, as defined in section
 three hundred fifty of the executive law, and has received  a  discharge
 other  than  bad  conduct or dishonorable from such service, or (3) is a
 discharged LGBT veteran, as defined in section three  hundred  fifty  of
 the  executive  law, and has received a discharge other than bad conduct
 or dishonorable from such service, (ii) who  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  Department 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

 S. 5233                             8
 
 terms are defined under federal law (46 USCA 10301 & 10501) and  further
 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, (iii) who 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  who  (1) was discharged or
 released therefrom under honorable conditions, or (2) has  a  qualifying
 condition,  as  defined  in section three hundred fifty of the executive
 law, and has received a discharge other than bad conduct or dishonorable
 from such service, or (3) is a discharged LGBT veteran,  as  defined  in
 section  three  hundred  fifty  of the executive law, and has received a
 discharge other than bad conduct or dishonorable from such service, (iv)
 who served as a United States civilian Flight Crew and  Aviation  Ground
 Support  Employee  of  Pan  American World Airways or one of its subsid-
 iaries or its affiliates and served overseas as a result of  Pan  Ameri-
 can'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  who (1) was discharged or released therefrom under honorable
 conditions, or (2) has a qualifying condition,  as  defined  in  section
 three  hundred  fifty of the executive law, and has received a discharge
 other than bad conduct or dishonorable from such service, or  (3)  is  a
 discharged  LGBT  veteran,  as defined in section three hundred fifty of
 the executive law, and has received a discharge other than  bad  conduct
 or  dishonorable  from  such service, [or] (v) notwithstanding any other
 provision of law to the contrary, who are members of the reserve  compo-
 nents  of  the  armed  forces  of  the United States who (1) received an
 honorable discharge or release therefrom under honorable conditions,  or
 (2)  has  a  qualifying  condition,  as defined in section three hundred
 fifty of the executive law, and has received a discharge other than  bad
 conduct  or  dishonorable from such service, or (3) is a discharged LGBT
 veteran, as defined in section three hundred fifty of the executive law,
 and has received a discharge other than bad conduct or dishonorable from
 such service, but are still members of the  reserve  components  of  the
 armed  forces  of  the United States provided that such members meet all
 other qualifications under the provisions of this section, OR  (VI)  WHO
 SERVED AS A MEMBER OF THE COMMISSIONED CORPS OF THE NATIONAL OCEANIC AND
 ATMOSPHERIC ADMINISTRATION AND WHO (1) WAS DISCHARGED OR RELEASED THERE-
 FROM  UNDER  HONORABLE CONDITIONS, OR (2) HAS A QUALIFYING CONDITION, AS
 DEFINED IN SECTION THREE HUNDRED FIFTY OF THE  EXECUTIVE  LAW,  AND  HAS
 RECEIVED  A  DISCHARGE  OTHER THAN BAD CONDUCT OR DISHONORABLE FROM SUCH
 SERVICE, OR (3) IS A DISCHARGED LGBT  VETERAN,  AS  DEFINED  IN  SECTION
 THREE  HUNDRED  FIFTY OF THE EXECUTIVE LAW, AND HAS RECEIVED A DISCHARGE
 OTHER THAN BAD CONDUCT OR DISHONORABLE FROM SUCH SERVICE.
   § 12. Paragraphs (a) and (c) of subdivision 1 of section 458-b of  the
 real  property  tax  law, paragraph (a) as amended by chapter 490 of the
 laws of 2019 and paragraph (c) as added by chapter 655 of  the  laws  of
 2007, are amended to read as follows:
   (a)  "Cold  War veteran" means a person, male or female, who served on
 active duty in the United States armed forces OR THE COMMISSIONED  CORPS
 OF  THE NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION, during the time

 S. 5233                             9
 
 period from September second, nineteen hundred  forty-five  to  December
 twenty-sixth,  nineteen  hundred  ninety-one,  and (i) was discharged or
 released therefrom under honorable conditions, or (ii) has a  qualifying
 condition,  as  defined  in section three hundred fifty of the executive
 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  three  hundred  fifty  of the executive law, and has received a
 discharge other than bad conduct or dishonorable from such service.
   (c) "Active duty" means full-time duty  in  the  United  States  armed
 forces OR THE COMMISSIONED CORPS OF THE NATIONAL OCEANIC AND ATMOSPHERIC
 ADMINISTRATION, other than active duty for training.
   §  13.  Paragraph  (b) of subdivision 1 of section 243 of the military
 law, as amended by chapter 490 of the laws of 2019, is amended  to  read
 as follows:
   (b)  The term "military duty" shall mean military service in the mili-
 tary, naval, aviation or marine service of the United States  subsequent
 to  July  first,  nineteen hundred forty, or service under the selective
 training and service act of nineteen  hundred  forty,  or  the  national
 guard  and  reserve officers mobilization act of nineteen hundred forty,
 or any other act of congress supplementary or amendatory thereto, or any
 similar act of congress hereafter enacted and irrespective of  the  fact
 that  such  service  was  entered  upon following a voluntary enlistment
 therefor or was required under one of the foregoing acts of congress, or
 service with the United States public health service as  a  commissioned
 officer,  OR  SERVICE WITH THE NATIONAL OCEANIC AND ATMOSPHERIC ADMINIS-
 TRATION AS A COMMISSIONED OFFICER, or  service  with  the  American  Red
 Cross  while  with  the  armed  forces  of  the United States on foreign
 service, or service with the special services section of the armed forc-
 es of the United States on foreign service, or service in  the  merchant
 marine  which  shall  consist  of service as an officer or member of the
 crew on or in connection with a vessel documented under the laws of  the
 United  States or a vessel owned by, chartered to, or operated by or for
 the account or use of the government of the United States, or service by
 one who 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 Department  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  period  of  armed  conflict,
 December seventh, nineteen hundred forty-one, to August fifteenth, nine-
 teen  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 to include "near
 foreign" voyages between the United States and Canada,  Mexico,  or  the
 West Indies via ocean routes, or public vessels in oceangoing 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 who 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,  Decem-
 ber  seventh,  nineteen  hundred  forty-one through May eighth, nineteen
 hundred forty-five, and who (i) was  discharged  or  released  therefrom
 under  honorable  conditions,  or  (ii)  has  a qualifying condition, as
 defined in section three hundred fifty of the  executive  law,  and  has

 S. 5233                            10
 
 received  a  discharge  other than bad conduct or dishonorable from such
 service, or (iii) is a discharged LGBT veteran, as  defined  in  section
 three  hundred  fifty of the executive law, and has received a discharge
 other  than bad conduct or dishonorable from such service, or who 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 who (iv)
 was discharged or released therefrom under honorable conditions, or  (v)
 has a qualifying condition, as defined in section three hundred fifty of
 the  executive  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 three hundred fifty of the executive law, and  has
 received  a  discharge  other than bad conduct or dishonorable from such
 service; or service in police  duty  on  behalf  of  the  United  States
 government  in a foreign country, if such person is a police officer, as
 defined by section 1.20 of the  criminal  procedure  law,  and  if  such
 police  officer obtained the prior consent of his or her public employer
 to absent himself or herself from his or her position to engage  in  the
 performance  of  such  service;  or  as an enrollee in the United States
 maritime service on active duty and, to such extent as may be prescribed
 by or under the laws of the United States, any period  awaiting  assign-
 ment  to  such  service and any period of education or training for such
 service in any school or  institution  under  the  jurisdiction  of  the
 United  States government, but shall not include temporary and intermit-
 tent gratuitous service in any reserve  or  auxiliary  force.  It  shall
 include time spent in reporting for and returning from military duty and
 shall be deemed to commence when the public employee leaves his position
 and  to  end  when he is reinstated to his position, provided such rein-
 statement is within ninety days after the termination of military  duty,
 as hereinafter defined. Notwithstanding the foregoing provisions of this
 paragraph, the term "military duty" shall not include any of the forego-
 ing  services  entered upon voluntarily on or after January first, nine-
 teen hundred forty-seven and before June twenty-fifth, nineteen  hundred
 fifty;  and,  on or after July first, nineteen hundred seventy, the term
 "military duty" shall not include any voluntary  service  in  excess  of
 four  years  performed  after  that  date, or the total of any voluntary
 services, additional or otherwise, in excess  of  four  years  performed
 after  that  date, shall not exceed five years, if the service in excess
 of four years is at the request and for the convenience of  the  federal
 government, except if such voluntary service is performed during a peri-
 od of war, or national emergency declared by the president.
   §  14. This act shall take effect immediately, provided, however, that
 the amendments to subdivisions 5 and 7 of section 369-h of the executive
 law made by section seven of this act shall not  affect  the  repeal  of
 such section and shall be deemed repealed therewith.

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5233--A
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             February 26, 2021
                                ___________
 
 Introduced  by  Sen. SKOUFIS -- read twice and ordered printed, and when
   printed to be committed to the Committee on Veterans, Homeland Securi-
   ty and Military Affairs -- committee discharged, bill amended, ordered
   reprinted as amended and recommitted to said committee
 
 AN ACT to amend the tax law, the executive law, the economic development
   law, the public officers law, the real property tax law and the  mili-
   tary  law,  in  relation  to  expanding  the  definition of veteran to
   include members of the commissioned corps of the national oceanic  and
   atmospheric administration and the United States public health service
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subparagraph (A) of paragraph  2  of  subsection  (a-2)  of
 section  606  of  the  tax law, as amended by chapter 490 of the laws of
 2019, is amended to read as follows:
   (A) who served on active duty in the United  States  army,  navy,  air
 force,  marine corps, coast guard or the reserves thereof, or who served
 in active military service of the United States as a member of the  army
 national  guard,  air  national  guard, New York guard or New York naval
 militia, OR WHO SERVED AS A MEMBER OF  THE  COMMISSIONED  CORPS  OF  THE
 NATIONAL  OCEANIC  AND  ATMOSPHERIC  ADMINISTRATION OR THE UNITED STATES
 PUBLIC HEALTH SERVICE; who (i) was released from active duty by  general
 or  honorable  discharge  after September eleventh, two thousand one, or
 (ii) has a qualifying condition, as defined  in  section  three  hundred
 fifty  of the executive law, and has received a discharge other than bad
 conduct or dishonorable from such service after September eleventh,  two
 thousand  one,  or  (iii)  is  a  discharged LGBT veteran, as defined in
 section three hundred fifty of the executive law,  and  has  received  a
 discharge other than bad conduct or dishonorable from such service after
 September eleventh, two thousand one;

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09436-02-1

              

 S. 5233--A                          2
 
   §  2.  Subparagraph  (A) of paragraph 2 of subsection (g-1) of section
 1511 of the tax law, as amended by chapter 490 of the laws of  2019,  is
 amended to read as follows:
   (A)  who  served  on  active duty in the United States army, navy, air
 force, marine corps, coast guard or the reserves thereof, or who  served
 in  active military service of the United States as a member of the army
 national guard, air national guard, New York guard  or  New  York  naval
 militia,  OR  WHO  SERVED ON ACTIVE DUTY AS A MEMBER OF THE COMMISSIONED
 CORPS OF THE NATIONAL OCEANIC  AND  ATMOSPHERIC  ADMINISTRATION  OR  THE
 UNITED  STATES  PUBLIC  HEALTH SERVICE; who (i) was released from active
 duty by general or honorable discharge  after  September  eleventh,  two
 thousand  one, or (ii) has a qualifying condition, as defined in section
 three hundred fifty of the executive law, and has received  a  discharge
 other than bad conduct or dishonorable from such service after September
 eleventh,  two  thousand  one, or (iii) is a discharged LGBT veteran, as
 defined in section three hundred fifty of the  executive  law,  and  has
 received  a  discharge  other than bad conduct or dishonorable from such
 service after September eleventh, two thousand one;
   § 3. Subparagraph 1 of paragraph (b)  of  subdivision  29  of  section
 210-B  of the tax law, as amended by chapter 490 of the laws of 2019, is
 amended to read as follows:
   (1) who served on active duty in the United  States  army,  navy,  air
 force,  marine corps, coast guard or the reserves thereof, or who served
 in active military service of the United States as a member of the  army
 national  guard,  air  national  guard, New York guard or New York naval
 militia, OR WHO SERVED ON ACTIVE DUTY AS A MEMBER  OF  THE  COMMISSIONED
 CORPS  OF  THE  NATIONAL  OCEANIC  AND ATMOSPHERIC ADMINISTRATION OR THE
 UNITED STATES PUBLIC HEALTH SERVICE; who (i) was  released  from  active
 duty  by  general  or  honorable discharge after September eleventh, two
 thousand one, or (ii) has a qualifying condition, as defined in  section
 three  hundred  fifty of the executive law, and has received a discharge
 other than bad conduct or dishonorable from such service after September
 eleventh, two thousand one, or (iii) is a discharged  LGBT  veteran,  as
 defined  in  section  three  hundred fifty of the executive law, and has
 received a discharge other than bad conduct or  dishonorable  from  such
 service after September eleventh, two thousand one;
   §  4. Subdivisions 3 and 9 of section 350 of the executive law, subdi-
 vision 9 as added by chapter 490 of the laws of  2019,  are  amended  to
 read as follows:
   3. The term "veteran" means a person, male or female, resident of this
 state,  who  has  served  in the active military or naval service of the
 United States OR THE ACTIVE SERVICE OF THE  COMMISSIONED  CORPS  OF  THE
 NATIONAL  OCEANIC  AND  ATMOSPHERIC  ADMINISTRATION OR THE UNITED STATES
 PUBLIC HEALTH SERVICE during a war in which the  United  States  engaged
 and  who has been released from such service otherwise than by dishonor-
 able discharge, or who has been furloughed to the reserve.
   9. The  term  "discharged  LGBT  veteran"  means  a  veteran  who  was
 discharged  less  than  honorably  from military or naval service OR THE
 COMMISSIONED CORPS OF THE  NATIONAL  OCEANIC  AND  ATMOSPHERIC  ADMINIS-
 TRATION  OR  THE UNITED STATES PUBLIC HEALTH SERVICE due to their sexual
 orientation or gender identity or expression, as those terms are defined
 in section two  hundred  ninety-two  of  this  chapter,  or  statements,
 consensual  sexual conduct, or consensual acts relating to sexual orien-
 tation, gender identity or expression, or the disclosure of such  state-
 ments,  conduct,  or acts, that were prohibited by the military or naval
 service at the  time  of  discharge.  The  division  shall  establish  a

 S. 5233--A                          3
 
 consistent  and uniform process to determine whether a veteran qualifies
 as a discharged LGBT veteran under this  subdivision,  including,  at  a
 minimum, standards for verifying a veteran's status as a discharged LGBT
 veteran,  and a method of demonstrating eligibility as a discharged LGBT
 veteran.
   § 5. The opening paragraph of paragraph a and paragraph c of  subdivi-
 sion  1  of  section  364 of the executive law, the opening paragraph of
 paragraph a as amended by chapter 490 of the laws of 2019 and  paragraph
 c  as  added  by chapter 751 of the laws of 1985, are amended to read as
 follows:
   The word "veteran," as used in this article shall be taken to mean and
 include any person who is a resident of the state of New York,  and  who
 (i) has been or may be given an honorable, general or ordinary discharge
 or  any  other  form of release from such service, except a dishonorable
 discharge,  a  bad  conduct  discharge,  an  undesirable  discharge,   a
 discharge  without  honor or a discharge for the good of the service, or
 (ii) has a qualifying condition, as defined  in  section  three  hundred
 fifty  of  this  article,  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 three hundred fifty of this article,  and
 has  received  a  discharge  other than bad conduct or dishonorable from
 such service, and who (iv) was a recipient of the armed  forces  expedi-
 tionary  medal, the navy expeditionary medal or the marine corps expedi-
 tionary medal for participation  in  operations  in  Lebanon  from  June
 first, nineteen hundred eighty-three to December first, nineteen hundred
 eighty-seven,  in  Grenada  from  October twenty-third, nineteen hundred
 eighty-three to November twenty-first, nineteen hundred eighty-three, or
 in Panama from December twentieth, nineteen hundred eighty-nine to Janu-
 ary thirty-first, nineteen hundred ninety, or (v) SERVED IN THE  COMMIS-
 SIONED  CORPS  OF THE NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION OR
 THE UNITED STATES PUBLIC HEALTH SERVICE, OR (VI) served on  active  duty
 for  ninety days or more in the armed forces of the United States during
 any one of the following wars or hostilities:
   c. The term "active duty" as used in this article shall mean full time
 duty in the armed forces OR  THE  COMMISSIONED  CORPS  OF  THE  NATIONAL
 OCEANIC  AND  ATMOSPHERIC  ADMINISTRATION  OR  THE  UNITED STATES PUBLIC
 HEALTH SERVICE, other than active duty for training; provided,  however,
 that  "active  duty"  shall  also  include any period of active duty for
 training during which the individual concerned was disabled or died from
 a disease or injury incurred or aggravated during such period.
   § 6. Subdivision 3 of section 369-b of the executive law, as added  by
 chapter 557 of the laws of 2013, is amended to read as follows:
   3. "Veteran" shall mean an individual who served on active duty in the
 United  States  army,  navy, marine corps, air force, coast guard or the
 reserves component, or who served in  active  military  service  of  the
 United  States  as  a  member  of  the army national guard, air national
 guard, New York guard or New York naval militia, OR WHO SERVED IN ACTIVE
 SERVICE AS A MEMBER OF THE COMMISSIONED CORPS OF  THE  NATIONAL  OCEANIC
 AND  ATMOSPHERIC  ADMINISTRATION  OR  THE  UNITED  STATES  PUBLIC HEALTH
 SERVICE, who was released from such service otherwise then by  dishonor-
 able discharge after September eleventh, two thousand one.
   §  7.  Subdivisions  5  and  7  of section 369-h of the executive law,
 subdivision 5 as added by chapter 22 of the laws of 2014 and subdivision
 7 as amended by chapter 490 of the laws of 2019, are amended to read  as
 follows:

 S. 5233--A                          4
 
   5. "Service-disabled veteran" shall mean (a) in the case of the United
 States  army, navy, air force, marines, coast guard, army national guard
 or air national guard and/or reserves thereof, OR THE COMMISSIONED CORPS
 OF THE NATIONAL OCEANIC AND ATMOSPHERIC  ADMINISTRATION  OR  THE  UNITED
 STATES  PUBLIC  HEALTH  SERVICE,  a  veteran who received a compensation
 rating of ten percent or greater from the United  States  department  of
 veterans affairs or from the United States department of defense because
 of  a service-connected disability incurred in the line of duty, and (b)
 in the case of the New York guard or the New York naval  militia  and/or
 reserves  thereof,  a  veteran  who certifies, pursuant to the rules and
 regulations promulgated by the director, to having  incurred  an  injury
 equivalent  to  a compensation rating of ten percent or greater from the
 United States department of veterans affairs or from the  United  States
 department of defense because of a service-connected disability incurred
 in the line of duty.
   7. "Veteran" shall mean a person who served in the United States army,
 navy,  air  force, marines, coast guard, and/or reserves thereof, and/or
 in the army national guard, air national guard, New  York  guard  and/or
 the New York naval militia, AND/OR WHO SERVED AS A MEMBER OF THE COMMIS-
 SIONED  CORPS  OF  THE  NATIONAL  OCEANIC AND ATMOSPHERIC ADMINISTRATION
 AND/OR THE UNITED STATES PUBLIC HEALTH SERVICE and who (i) has  received
 an honorable or general discharge from such service, or (ii) has a qual-
 ifying  condition,  as  defined  in  section three hundred fifty of this
 chapter, 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 three hundred  fifty  of  this  chapter,  and  has
 received  a  discharge  other than bad conduct or dishonorable from such
 service.
   § 8. Subdivision 6 of section 210 of the economic development law,  as
 amended  by  chapter  490  of  the  laws  of 2019, is amended to read as
 follows:
   6. "Veteran" shall mean a person who served in the United States army,
 navy, air force, marines, coast guard, and/or reserves  thereof,  and/or
 in  the  army  national guard, air national guard, New York guard and/or
 THE New York naval militia, AND/OR WHO SERVED AS A MEMBER OF THE COMMIS-
 SIONED CORPS OF THE  NATIONAL  OCEANIC  AND  ATMOSPHERIC  ADMINISTRATION
 AND/OR  THE UNITED STATES PUBLIC HEALTH SERVICE and who (a) has received
 an honorable or general discharge from such service, or (b) has a quali-
 fying condition, as defined in section three hundred fifty of the execu-
 tive law, and has  received  a  discharge  other  than  bad  conduct  or
 dishonorable  from such service, or (c) is a discharged LGBT veteran, as
 defined in section three hundred fifty of the  executive  law,  and  has
 received  a  discharge  other than bad conduct or dishonorable from such
 service.
   § 9. Section 63 of the public officers law, as amended by chapter  490
 of the laws of 2019, is amended to read as follows:
   § 63. Leave of absence for veterans on Memorial day and Veterans' day.
 It shall be the duty of the head of every public department and of every
 court  of  the  state of New York, of every superintendent or foreman on
 the public works of said state, of the county officers  of  the  several
 counties  of  said  state,  of the town officers of the various towns in
 this state, of the fire district officers of the various fire  districts
 in this state, and of the head of every department, bureau and office in
 the government of the various cities and villages in this state, and the
 officers  of  any  public benefit corporation or any public authority of
 this state, or of any public benefit corporation or public authority  of

 S. 5233--A                          5
 
 any  county  or subdivision of this state, to give leave of absence with
 pay for twenty-four hours on the day prescribed by law as a public holi-
 day for the observance of Memorial day and on the eleventh day of Novem-
 ber,  known  as  Veterans'  day,  to  every person in the service of the
 state, the county, the town, the fire district, the city or village, the
 public benefit corporation or public authority of  this  state,  or  any
 public benefit corporation or public authority of any county or subdivi-
 sion of this state, as the case may be, (i) who served on active duty in
 the  armed  forces  of the United States during world war I or world war
 II, or who 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 Department  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  period  of  armed  conflict,
 December seventh, nineteen hundred forty-one, to August fifteenth, nine-
 teen  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 to include "near
 foreign" voyages between the United States and Canada,  Mexico,  or  the
 West Indies via ocean routes, or public vessels in oceangoing 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 who 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,  Decem-
 ber  seventh,  nineteen  hundred  forty-one through May eighth, nineteen
 hundred forty-five, and who (a) was  discharged  or  released  therefrom
 under  honorable  conditions,  or  (b)  has  a  qualifying condition, as
 defined in section three hundred fifty of the  executive  law,  and  has
 received  a  discharge  other than bad conduct or dishonorable from such
 service, or (c) is a discharged LGBT  veteran,  as  defined  in  section
 three  hundred  fifty of the executive law, and has received a discharge
 other than bad conduct or dishonorable from such service or  who  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 who (d)
 was discharged or released therefrom under honorable conditions, or  (e)
 has a qualifying condition, as defined in section three hundred fifty of
 the  executive  law, and has received a discharge other than bad conduct
 or dishonorable from such service, or (f) is a discharged LGBT  veteran,
 as  defined in section three hundred fifty of the executive law, and has
 received a discharge other than bad conduct or  dishonorable  from  such
 service  or during the period of the Korean conflict at any time between
 the dates of June twenty-seventh, nineteen  hundred  fifty  and  January
 thirty-first,  nineteen  hundred fifty-five, or during the period of the
 Vietnam conflict  from  the  twenty-eighth  day  of  February,  nineteen
 hundred  sixty-one  to the seventh day of May, nineteen hundred seventy-
 five, or (ii) who served on active duty  in  the  armed  forces  of  the
 United  States and who was a recipient of the armed forces expeditionary
 medal, navy expeditionary medal or marine corps expeditionary medal  for

 S. 5233--A                          6
 
 participation in operations in Lebanon from June first, nineteen hundred
 eighty-three to December first, nineteen hundred eighty-seven, in Grena-
 da  from October twenty-third, nineteen hundred eighty-three to November
 twenty-first,  nineteen hundred eighty-three, or in Panama from December
 twentieth, nineteen hundred eighty-nine to January  thirty-first,  nine-
 teen  hundred  ninety,  or  (iii)  who  served  in the armed forces of a
 foreign country allied with the United States  during  world  war  I  or
 world  war  II,  or during the period of the Korean conflict at any time
 between June twenty-seventh, nineteen hundred fifty and January  thirty-
 first,  nineteen hundred fifty-five, or during the period of the Vietnam
 conflict from  the  twenty-eighth  day  of  February,  nineteen  hundred
 sixty-one  to  the seventh day of May, nineteen hundred seventy-five, or
 during the period of the Persian Gulf conflict from the  second  day  of
 August,  nineteen  hundred  ninety  to  the end of such conflict, or who
 served on active duty in the army or navy or marine corps or  air  force
 or  coast  guard  of  the  United  States,  and  who  (a)  was honorably
 discharged or separated from such service under honorable conditions, or
 (b) has a qualifying condition, as  defined  in  section  three  hundred
 fifty  of the executive law, and has received a discharge other than bad
 conduct or dishonorable from such service, or (c) is a  discharged  LGBT
 veteran, as defined in section three hundred fifty of the executive law,
 and has received a discharge other than bad conduct or dishonorable from
 such  service  except where such action would endanger the public safety
 or the safety or health of persons cared for  by  the  state,  in  which
 event  such  persons  shall  be entitled to leave of absence with pay on
 another day in lieu thereof, OR (IV) WHO SERVED ON ACTIVE  DUTY  IN  THE
 COMMISSIONED  CORPS  OF  THE  NATIONAL  OCEANIC AND ATMOSPHERIC ADMINIS-
 TRATION OR THE UNITED STATES PUBLIC HEALTH  SERVICE,  AND  WHO  (A)  WAS
 HONORABLY  DISCHARGED  OR  SEPARATED  FROM  SUCH SERVICE UNDER HONORABLE
 CONDITIONS, OR (B) HAS A QUALIFYING CONDITION,  AS  DEFINED  IN  SECTION
 THREE  HUNDRED  FIFTY OF THE EXECUTIVE LAW, AND HAS RECEIVED A DISCHARGE
 OTHER THAN BAD CONDUCT OR DISHONORABLE FROM SUCH SERVICE, OR  (C)  IS  A
 DISCHARGED  LGBT  VETERAN,  AS DEFINED IN SECTION THREE HUNDRED FIFTY OF
 THE EXECUTIVE LAW, AND HAS RECEIVED A DISCHARGE OTHER THAN  BAD  CONDUCT
 OR  DISHONORABLE FROM SUCH SERVICE EXCEPT WHERE SUCH ACTION WOULD ENDAN-
 GER THE PUBLIC SAFETY OR THE SAFETY OR HEALTH OF PERSONS  CARED  FOR  BY
 THE  STATE,  IN  WHICH  EVENT SUCH PERSONS SHALL BE ENTITLED TO LEAVE OF
 ABSENCE WITH PAY ON ANOTHER DAY IN LIEU THEREOF.  All such  persons  who
 are  compensated  on  a per diem, hourly, semi-monthly or monthly basis,
 with or without maintenance, shall also be entitled to leave of  absence
 with  pay under the provisions of this section and no deduction in vaca-
 tion allowance or budgetary allowable number of working  days  shall  be
 made  in  lieu  thereof.  A refusal to give such leave of absence to one
 entitled thereto shall be neglect of duty.
   § 10. Subdivision 4-a of section 458 of the real property tax law,  as
 amended  by  chapter  490  of  the  laws  of 2019, is amended to read as
 follows:
   4-a. For the purposes of this section, the  term  "military  or  naval
 services"  shall  be deemed to also include service: (a) by a person who
 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 Department of Commerce, or as a civil serv-
 ant employed by the United States Army Transport Service (later redesig-
 nated as the United States Army Transportation Corps, Water Division) or
 the Naval Transportation Service; and who  served  satisfactorily  as  a
 crew member during the period of armed conflict, December seventh, nine-

 S. 5233--A                          7
 
 teen  hundred  forty-one,  to  August fifteenth, nineteen hundred forty-
 five, aboard merchant  vessels  in  oceangoing,  i.e.,  foreign,  inter-
 coastal,  or  coastwise  service as such terms are defined under federal
 law  (46  USCA  10301  &  10501)  and  further to include "near foreign"
 voyages between the United States and Canada, Mexico, or the West Indies
 via ocean routes, or public vessels in  oceangoing  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; (b)
 service by a United States  civilian  employed  by  the  American  Field
 Service who served overseas under United States Armies and United States
 Army  Groups in world war II during the period of armed conflict, Decem-
 ber seventh, nineteen hundred forty-one  through  May  eighth,  nineteen
 hundred  forty-five,  and  who  (i) was discharged or released therefrom
 under honorable conditions, or  (ii)  has  a  qualifying  condition,  as
 defined  in  section  three  hundred fifty of the executive 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
 three hundred fifty of the executive law, and has received  a  discharge
 other  than  bad  conduct  or  dishonorable  from such service; [or] (c)
 service by a United States civilian  Flight  Crew  and  Aviation  Ground
 Support  Employee  of  Pan  American World Airways or one of its subsid-
 iaries or its affiliates who served overseas as a result of  Pan  Ameri-
 can'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  who (i) was discharged or released therefrom under honorable
 conditions, or (ii) has a qualifying condition, as  defined  in  section
 three  hundred  fifty of the executive 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 three hundred fifty of
 the executive law, and has received a discharge other than  bad  conduct
 or  dishonorable  from  such  service; OR (D) SERVICE BY A MEMBER OF THE
 COMMISSIONED CORPS OF THE  NATIONAL  OCEANIC  AND  ATMOSPHERIC  ADMINIS-
 TRATION  OR  THE  UNITED  STATES  PUBLIC  HEALTH SERVICE AND WHO (I) WAS
 DISCHARGED OR RELEASED THEREFROM UNDER HONORABLE CONDITIONS, OR (II) HAS
 A QUALIFYING CONDITION, AS DEFINED IN SECTION THREE HUNDRED FIFTY OF THE
 EXECUTIVE 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 THREE HUNDRED FIFTY OF THE EXECUTIVE LAW, AND  HAS
 RECEIVED  A  DISCHARGE  OTHER THAN BAD CONDUCT OR DISHONORABLE FROM SUCH
 SERVICE.
   § 11. Paragraph (e) of subdivision 1 of  section  458-a  of  the  real
 property  tax  law,  as  amended  by chapter 490 of the laws of 2019, is
 amended to read as follows:
   (e) "Veteran" means a person (i) who served in  the  active  military,
 naval,  or air service during a period of war, or who was a recipient of
 the armed forces expeditionary medal, navy expeditionary  medal,  marine
 corps  expeditionary  medal,  or  global  war on terrorism expeditionary
 medal, and who (1) was discharged or released therefrom under  honorable
 conditions,  or  (2)  has  a qualifying condition, as defined in section
 three hundred fifty of the executive law, and has received  a  discharge
 other  than  bad  conduct or dishonorable from such service, or (3) is a
 discharged LGBT veteran, as defined in section three  hundred  fifty  of
 the  executive  law, and has received a discharge other than bad conduct
 or dishonorable from such service, (ii) who  was  employed  by  the  War

 S. 5233--A                          8
 
 Shipping  Administration  or  Office  of Defense Transportation or their
 agents as a merchant seaman documented by the United States Coast  Guard
 or  Department 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
 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, (iii) who 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  who  (1) was discharged or
 released therefrom under honorable conditions, or (2) has  a  qualifying
 condition,  as  defined  in section three hundred fifty of the executive
 law, and has received a discharge other than bad conduct or dishonorable
 from such service, or (3) is a discharged LGBT veteran,  as  defined  in
 section  three  hundred  fifty  of the executive law, and has received a
 discharge other than bad conduct or dishonorable from such service, (iv)
 who served as a United States civilian Flight Crew and  Aviation  Ground
 Support  Employee  of  Pan  American World Airways or one of its subsid-
 iaries or its affiliates and served overseas as a result of  Pan  Ameri-
 can'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  who (1) was discharged or released therefrom under honorable
 conditions, or (2) has a qualifying condition,  as  defined  in  section
 three  hundred  fifty of the executive law, and has received a discharge
 other than bad conduct or dishonorable from such service, or  (3)  is  a
 discharged  LGBT  veteran,  as defined in section three hundred fifty of
 the executive law, and has received a discharge other than  bad  conduct
 or  dishonorable  from  such service, [or] (v) notwithstanding any other
 provision of law to the contrary, who are members of the reserve  compo-
 nents  of  the  armed  forces  of  the United States who (1) received an
 honorable discharge or release therefrom under honorable conditions,  or
 (2)  has  a  qualifying  condition,  as defined in section three hundred
 fifty of the executive law, and has received a discharge other than  bad
 conduct  or  dishonorable from such service, or (3) is a discharged LGBT
 veteran, as defined in section three hundred fifty of the executive law,
 and has received a discharge other than bad conduct or dishonorable from
 such service, but are still members of the  reserve  components  of  the
 armed  forces  of  the United States provided that such members meet all
 other qualifications under the provisions of this section, OR  (VI)  WHO
 SERVED AS A MEMBER OF THE COMMISSIONED CORPS OF THE NATIONAL OCEANIC AND
 ATMOSPHERIC  ADMINISTRATION  OR  THE UNITED STATES PUBLIC HEALTH SERVICE
 AND WHO (1) WAS DISCHARGED OR RELEASED THEREFROM UNDER HONORABLE  CONDI-
 TIONS,  OR  (2)  HAS A QUALIFYING CONDITION, AS DEFINED IN SECTION THREE
 HUNDRED FIFTY OF THE EXECUTIVE LAW, AND HAS RECEIVED A  DISCHARGE  OTHER
 THAN  BAD  CONDUCT  OR  DISHONORABLE  FROM  SUCH  SERVICE,  OR  (3) IS A

 S. 5233--A                          9
 
 DISCHARGED LGBT VETERAN, AS DEFINED IN SECTION THREE  HUNDRED  FIFTY  OF
 THE  EXECUTIVE  LAW, AND HAS RECEIVED A DISCHARGE OTHER THAN BAD CONDUCT
 OR DISHONORABLE FROM SUCH SERVICE.
   §  12. Paragraphs (a) and (c) of subdivision 1 of section 458-b of the
 real property tax law, paragraph (a) as amended by chapter  490  of  the
 laws  of  2019  and paragraph (c) as added by chapter 655 of the laws of
 2007, are amended to read as follows:
   (a) "Cold War veteran" means a person, male or female, who  served  on
 active  duty in the United States armed forces OR THE COMMISSIONED CORPS
 OF THE NATIONAL OCEANIC AND ATMOSPHERIC  ADMINISTRATION  OR  THE  UNITED
 STATES  PUBLIC  HEALTH  SERVICE,  during  the time period from September
 second, nineteen hundred forty-five to December  twenty-sixth,  nineteen
 hundred  ninety-one,  and (i) was discharged or released therefrom under
 honorable conditions, or (ii) has a qualifying condition, as defined  in
 section  three  hundred  fifty  of the executive 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 three hundred
 fifty of the executive law, and has received a discharge other than  bad
 conduct or dishonorable from such service.
   (c)  "Active  duty"  means  full-time  duty in the United States armed
 forces OR THE COMMISSIONED CORPS OF THE NATIONAL OCEANIC AND ATMOSPHERIC
 ADMINISTRATION OR THE UNITED STATES PUBLIC HEALTH  SERVICE,  other  than
 active duty for training.
   §  13.  Paragraph  (b) of subdivision 1 of section 243 of the military
 law, as amended by chapter 490 of the laws of 2019, is amended  to  read
 as follows:
   (b)  The term "military duty" shall mean military service in the mili-
 tary, naval, aviation or marine service of the United States  subsequent
 to  July  first,  nineteen hundred forty, or service under the selective
 training and service act of nineteen  hundred  forty,  or  the  national
 guard  and  reserve officers mobilization act of nineteen hundred forty,
 or any other act of congress supplementary or amendatory thereto, or any
 similar act of congress hereafter enacted and irrespective of  the  fact
 that  such  service  was  entered  upon following a voluntary enlistment
 therefor or was required under one of the foregoing acts of congress, or
 service with the United States public health service as  a  commissioned
 officer,  OR  SERVICE WITH THE NATIONAL OCEANIC AND ATMOSPHERIC ADMINIS-
 TRATION AS A COMMISSIONED OFFICER OR THE  UNITED  STATES  PUBLIC  HEALTH
 SERVICE,  or  service  with  the American Red Cross while with the armed
 forces of the United States on foreign  service,  or  service  with  the
 special  services  section  of  the armed forces of the United States on
 foreign service, or service in the merchant marine which  shall  consist
 of  service as an officer or member of the crew on or in connection with
 a vessel documented under the laws of the  United  States  or  a  vessel
 owned  by, chartered to, or operated by or for the account or use of the
 government of the United States, or service by one who 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  Department 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 Transpor-
 tation  Service;  and  who served satisfactorily as a crew member during
 the period 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

 S. 5233--A                         10
 
 further  to include "near foreign" voyages between the United States and
 Canada, Mexico, or the West Indies via ocean routes, or  public  vessels
 in  oceangoing  service or foreign waters and who has received a Certif-
 icate  of  Release or Discharge from Active Duty and a discharge certif-
 icate, or an Honorable Service Certificate/Report of Casualty, from  the
 Department  of  Defense,  or  who  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  who  (i) was
 discharged or released therefrom under honorable conditions, or (ii) has
 a qualifying condition, as defined in section three hundred fifty of the
 executive 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 three hundred fifty of the executive law, and  has
 received  a  discharge  other than bad conduct or dishonorable from such
 service, or who 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  Trans-
 port  Service  during the period of armed conflict, December fourteenth,
 nineteen hundred forty-one through August fourteenth,  nineteen  hundred
 forty-five,  and  who  (iv)  was  discharged or released therefrom under
 honorable conditions, or (v) has a qualifying condition, as  defined  in
 section  three  hundred  fifty  of the executive 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 three hundred
 fifty of the executive law, and has received a discharge other than  bad
 conduct  or dishonorable from such service; or service in police duty on
 behalf of the United States government in a  foreign  country,  if  such
 person  is  a police officer, as defined by section 1.20 of the criminal
 procedure law, and if such police officer obtained the prior consent  of
 his  or her public employer to absent himself or herself from his or her
 position to engage in the performance of such service; or as an enrollee
 in the United States maritime service on active duty and, to such extent
 as may be prescribed by or under the laws  of  the  United  States,  any
 period  awaiting  assignment to such service and any period of education
 or training for such service in any  school  or  institution  under  the
 jurisdiction  of  the  United  States  government, but shall not include
 temporary and intermittent gratuitous service in any reserve or auxilia-
 ry force. It shall include time spent in  reporting  for  and  returning
 from  military  duty  and  shall  be  deemed to commence when the public
 employee leaves his position and to end when he  is  reinstated  to  his
 position,  provided  such  reinstatement is within ninety days after the
 termination of military duty, as  hereinafter  defined.  Notwithstanding
 the  foregoing  provisions  of  this paragraph, the term "military duty"
 shall not include any of the foregoing services entered upon voluntarily
 on or after January first, nineteen hundred forty-seven and before  June
 twenty-fifth, nineteen hundred fifty; and, on or after July first, nine-
 teen  hundred  seventy,  the  term "military duty" shall not include any
 voluntary service in excess of four years performed after that date,  or
 the  total of any voluntary services, additional or otherwise, in excess
 of four years performed after that date, shall not exceed five years, if
 the service in excess of four years  is  at  the  request  and  for  the
 convenience  of the federal government, except if such voluntary service

 S. 5233--A                         11
 
 is performed during a period of war, or national emergency  declared  by
 the president.
   §  14. This act shall take effect immediately, provided, however, that
 the amendments to subdivisions 5 and 7 of section 369-h of the executive
 law made by section seven of this act shall not  affect  the  repeal  of
 such section and shall be deemed repealed therewith.