NY State Senate Bill 2021-S5235

Senate Bill S5235

2021-2022 Legislative Session

Expands the definition of veteran to include members of the United States public health service

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Archive: Last Bill Status - In Senate Committee Veterans, Homeland Security And Military Affairs Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 05, 2022	referred to veterans, homeland security and military affairs
Feb 26, 2021	referred to veterans, homeland security and military affairs

2021-S5235 (ACTIVE) - Details

Current Committee:: Senate Veterans, Homeland Security And Military Affairs
Law Section:: Tax Law
Laws Affected:: Amd §§606, 1511 & 210-B, Tax L; amd §§350, 364, 369-b & 369-h, Exec L; amd §210, Ec Dev L, amd §63, Pub Off L; amd §§458, 458-a & 458-b, RPT L
Versions Introduced in 2023-2024 Legislative Session:: S3464

2021-S5235 (ACTIVE) - Summary

Expands the definition of veteran to include members of the United States public health service to provide such members with access to the same benefits as members of the United States armed forces.

2021-S5235 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S5235

SPONSOR: SKOUFIS
 
TITLE OF BILL:

An act to amend the tax law, the executive law, the economic development
law, the public officers law and the real property tax law, in relation
to expanding the definition of veteran to include members of the United
States public health service

 
PURPOSE:

To ensure that the military's uniformed service members are equally
represented under New York state Law.

 
SUMMARY OF PROVISIONS:

Section 1: amends subsection (a-2) of section 606 of the tax law to
include those who served on active duty as a member of the United States
Public Health Service.

Section 2: amends subsection (g-1) of section 1511 of the tax law to
include those who served on active duty as a member of the United States
Public Health Service.

Section 3: amends subdivision 29 of section 210-B of the tax law, to
include those who served on active duty as a member of the United States
Public Health Service.

Section 4: amends subdivisions 3 and 9 of section 350 of the executive
law to include as veteran those who served on active duty as a member
United States Public Health Service and to include members who were
discharged less than honorably from the United States Public Health
Service due to their sexual orientation or gender identity or expression
as "discharged LGBT veterans."

Section 5: amends subdivision 1 of section 364 of the executive law to
include those appropriate members of the United States Public Health
Service as a "veteran" within the executive law. Amends the term "active
duty" to include full time duty in the United States Public Health
Service.

Section 6: amends subdivision 3 of section 369-b of the executive law to
include to include those who served on active duty as a member of the
United States Public Health Service.

Section 7: amends subdivisions 5 and 7 of section 369-h of the executive
law to include appropriate United States Public Health Service members.

Section 8: amends subdivision 6 of section 210 of the economic develop-
ment law to include those who served as a member of the United States
Public Health Service.

Section 9: amends section 63 of the public officers law to include the
appropriate activity duty members of the United States Public Health
Service.



Section 10: amends subdivision 4-a of section 458 of real property tax
law to include the appropriate members of the United States Public
Health Service.

Section 11: amends subdivision 1 of section 458-a of the real property
tax law to include those appropriate members of the United States Public
Health Service.

Section 12: amends subdivision 1 of section 458-b of the real property
tax law to include those United States Public Health Service members who
served during the time period of September 2, 1945 to December 26, 1991
as Cold War veterans.

Section 13: effective date

 
JUSTIFICATION:

This bill will ensure that the military's uniformed service members are
equally represented under New York state law. These service members are
designated under The United States Public Health Service (USPHS) Commis-
sioned Corps, part of the military's public health system.

Under federal law, these service members are eligible for military and
veteran benefits, just like the armed forces. Although the USPHS is part
of the military, provisions of state law that define military and veter-
an benefits do not include USPHS; this statutory oversight denies
members of the USPHS access to benefits that they are entitled to here
in New York.

The USPHS is effectively part of the military serving the public's
health across the country; it's composed of nurses, pharmacists, scien-
tists, environmental health professionals, and health service workers:
the very people who have kept this country afloat throughout the pandem-
ic. Public Health Service officers from USPHS have been deployed across
the country during the COVID-19 pandemic and continue to selflessly
serve every day.

 
LEGISLATIVE HISTORY:

New bill

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
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.

2021-S5235 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5235
 
                        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  and  the  real  property  tax  law,  in
   relation  to expanding the definition of veteran to include members of
   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 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 elev-
 enth, 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:
   (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 UNITED STATES

 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09378-02-1

 S. 5235                             2
 
 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 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 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 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 OR PUBLIC
 HEALTH service OF THE UNITED STATES 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 iden-
 tity or expression, or the disclosure of such  statements,  conduct,  or
 acts,  that were prohibited by the military or naval service at the time
 of discharge. The division 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 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

 S. 5235                             3
 
 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 on active duty
 for ninety days or more in the armed forces of the United States OR  THE
 UNITED STATES PUBLIC HEALTH SERVICE 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 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 UNITED STATES PUBLIC HEALTH SERVICE, 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  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

 S. 5235                             4
 
 the New York naval militia, AND/OR WHO SERVED AS A MEMBER OF THE  UNITED
 STATES  PUBLIC  HEALTH SERVICE, 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 UNITED
 STATES PUBLIC HEALTH SERVICE, 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-
 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

 S. 5235                             5
 
 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
 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

 S. 5235                             6
 
 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
 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 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 mainte-
 nance, 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  there-
 of.  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
 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-

 S. 5235                             7
 
 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
 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
 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

 S. 5235                             8
 
 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 UNITED STATES PUBLIC HEALTH  SERVICE  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.
   §  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 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 UNITED STATES PUBLIC HEALTH  SERVICE,  other  than  active
 duty for training.
   §  13. 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.

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