NY State Senate Bill 2021-S6888

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
May 20, 2021	referred to veterans, homeland security and military affairs

2021-S6888 (ACTIVE) - Details

Current Committee:: Senate Veterans, Homeland Security And Military Affairs
Law Section:: Real Property Tax Law
Laws Affected:: Amd §458-a, RPT L; amd §364, Exec L; amd §§668, 668-c & 669-a, Ed L; amd §2632, Pub Health L; amd §85, Civ Serv L; amd §63, Pub Off L

2021-S6888 (ACTIVE) - Summary

Conforms the definition of a veteran serving in the Vietnam war era to newly enacted federal law (H.R. 7105) for veterans who served in-country in the Republic of Vietnam from between February 28, 1961 and April 30, 1975, to any active duty service in the Republic of Vietnam that occurred between November 1, 1955, and April 30, 1975.

2021-S6888 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S6888

SPONSOR: BROOKS
 
TITLE OF BILL:

An act to amend the real property tax law, the executive law, the educa-
tion law, the public health law, the civil service law, and the public
officers law, in relation to conforming the definition of a veteran
serving in the Vietnam war era to newly enacted federal law (H.R. 7105)
for veterans who served in-country in the Republic of Vietnam from
between February 28, 1961 and April 30, 1975, to any active duty service
in the Republic of Vietnam that occurred between November 1, 1955 and
April 30, 1975

 
PURPOSE OF THE BILL:

The Omnibus Veterans Bill (H.R. 7105) recognizes the significant Ameri-
can military presence in the Republic of Vietnam before the war "offi-
cially" began, recognizing as wartime era service any active duty
service in the Republic of Vietnam that occurred between November 1,
1955, and April 30, 1975. This bill is necessary to bring NYS into
compliance with the H.R. 7105 so all active duty service in the Republic

of Vietnam beginning November 1, 1955, qualifies Vietnam Era Veterans to
receive the federal and state benefits they have earned due to they
service.

 
SUMMARY OF PROVISIONS:

Section 1 amends Section 458-a of the Real Property Tax Law (Property
Tax Exemption) to recognize any active duty service in the Republic of
Vietnam that occurred between November 1, 1955, and April 30, 1975 as
wartime era service.

Section 2 amends Section 364 of the Executive Law (Blind Annuity) to
recognize any active duty service in the Republic of Vietnam that
occurred between November 1, 1955, and April 30, 1975 as wartime era
service.

Section 3 amends Section 668 of the Education Law (Regents Award for
Children of Veterans) to recognize any active duty service in the Repub-
lic of Vietnam that occurred between November 1, 1955, and April 30,
1975 as wartime era service.

Section 4 amends Section 668-c of the Education Law (Education Award for
Children of Vietnam Veterans Born with Spina Bifida) to recognize any
active duty service in the Republic of Vietnam that occurred between
November 1, 1955, and April 30, 1975 as wartime era service.

Section 5 amends Section 69-a of the Education Law Section (Veterans
Tuition Award) to recognize any active duty service in the Republic of
Vietnam that occurred between November 1, 1955, and April 30, 1975 as
wartime era service.

Section 6 amends Section 2632 of the Public Health Law (State Veterans
Homes) to recognize any active duty service in the Republic of Vietnam
that occurred between November 1, 1955, and April 30, 1975 as wartime
era service


Section 7 amends Section 85 of the Civil Service Law (Extra Credits on
Civil Service Exams) to recognize any active duty service in the Repub-
lic of Vietnam that occurred between November 1, 1955, and April 30,
1975 as wartime era service.

Section 8 amends Section 63 of the Public Officer's Law (Leave of
Absence for Veterans on Memorial Day and Veterans Day) to recognize any
active duty service in the Republic of Vietnam that occurred between
November 1, 1955, and April 30, 1975 as wartime era service.

Section 9 provides this act shall take effect immediately after enact-
ment.

 
JUSTIFICATION:

Previously, the federal government recognized service in the Republic of
Vietnam that began between February 28, 1961 and April 30, 1975, as
wartime era service. Recognizing the significant American military pres-
ence in the Republic of Vietnam before the war "officially" began, H.R.
7105 amends this definition to now recognize as wartime era service any
active duty service in the Republic of Vietnam that occurred between
November 1, 1955, and April 30, 1975.  To ensure that NYS is not less
inclusive than the federal government, New York should amend the eight
statutes noted above to begin recognition for Vietnam War Era service on
November 1, 1955.

Please Note that if NYS fails to act quickly, New York will be vulner-
able to public attacks that NYS is being more restrictive than the
federal government in serving our Vietnam War Veterans, just as New York
was previously publicly attacked when non-combat Gold Star Families were
not part of the MERIT Scholarship. NYS can avoid similar bad optics by
passing this bill.

 
PRIOR LEGISLATIVE HISTORY:

None

 
FISCAL IMPLICATIONS:

Extremely Limited. This bill would only apply to those very few service
members that served in Vietnam between November 1, 1955 and February 28,
1961. Assuming the Veteran entered service at age 18 and began service
in Vietnam between November 1, 1955 and February 28, 1961, those Veter-
ans would now be between 78 and 84 years old. Due to age, these Veterans
and their family members are unlikely to use any education benefits or
job credits. While a few additional veterans may apply for a property
tax exemption, or the Blinded Annuity, DVS can cover increases in the
Blinded Annuity under the existing appropriation.

 
EFFECTIVE DATE:
This act shall take effect immediately after enactment.

2021-S6888 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6888
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                               May 20, 2021
                                ___________
 
 Introduced  by  Sen.  BROOKS  -- (at request of the Division of Veterans
   Services) -- read twice and ordered printed, and when  printed  to  be
   committed to the Committee on Veterans, Homeland Security and Military
   Affairs
 
 AN ACT to amend the real property tax law, the executive law, the educa-
   tion law, the public health law, the civil service law, and the public
   officers  law,  in  relation to conforming the definition of a veteran
   serving in the Vietnam war era to  newly  enacted  federal  law  (H.R.
   7105)  for  veterans  who served in-country in the Republic of Vietnam
   from between February 28, 1961 and April 30, 1975, to any active  duty
   service  in  the Republic of Vietnam that occurred between November 1,
   1955 and April 30, 1975
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.    Paragraph  (a) of subdivision 1 of section 458-a of the
 real property tax law, as amended by chapter 179 of the laws of 2006, is
 amended to read as follows:
   (a) "Period of war" means the Spanish-American war; the Mexican border
 period; World War I; World War II; the hostilities, known as the  Korean
 war,  which  commenced  June  twenty-seventh, nineteen hundred fifty and
 terminated on January thirty-first,  nineteen  hundred  fifty-five;  the
 hostilities,  known  as the Vietnam war, which commenced [February twen-
 ty-eighth, nineteen hundred sixty-one] NOVEMBER FIRST, NINETEEN  HUNDRED
 FIFTY-FIVE and terminated on May seventh, nineteen hundred seventy-five;
 and the hostilities, known as the Persian Gulf conflict, which commenced
 August second, nineteen hundred ninety.
   §  2.  Clause 7 of subparagraph (v) of paragraph a of subdivision 1 of
 section 364 of the executive 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.
                                                            LBD09996-01-1

 S. 6888                             2
 
   (7)  in  the Vietnam conflict from the [twenty-eighth day of February,
 nineteen hundred sixty-one] FIRST  DAY  OF  NOVEMBER,  NINETEEN  HUNDRED
 FIFTY-FIVE to the seventh day of May, nineteen hundred seventy-five;
   §  3.  Paragraph  (d) of subdivision 1 of section 668 of the education
 law, as amended by chapter 261 of the laws of 1995, is amended  to  read
 as follows:
   (d)  [December  twenty-second,  nineteen  hundred  sixty-one] NOVEMBER
 FIRST, NINETEEN HUNDRED FIFTY-FIVE  to  May  seventh,  nineteen  hundred
 seventy-five.
   §  4.  Subdivision 1 of section 668-c of the education law, as amended
 by chapter 490 of the laws of 2019, is amended to read as follows:
   1. Eligible students. Awards shall be made to Vietnam veterans'  resi-
 dent  children born with Spina Bifida enrolled in approved undergraduate
 or graduate programs at degree granting institutions. For the purpose of
 this section, "Vietnam veteran" shall mean a person who served in  Indo-
 china  at  any  time  from  the [twenty-second day of December, nineteen
 hundred sixty-one] FIRST DAY OF NOVEMBER, NINETEEN  HUNDRED  FIFTY-FIVE,
 to  and  including the seventh day of May, nineteen hundred seventy-five
 and (a) was honorably discharged from the armed  forces  of  the  United
 States,  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 the armed forces of the United
 States, 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 the armed forces of the United
 States; "born with Spina Bifida" shall mean a diagnosis at birth of such
 disease inclusive of all forms, manifestations, complications and  asso-
 ciated  medical  conditions  thereof, but shall not include Spina Bifida
 Occulta. Such diagnosis shall be in accordance with  the  provisions  of
 the  federal  Spina Bifida program and shall be documented by the United
 States Administration of Veterans' Affairs.
   § 5. Paragraph a of subdivision 1 of section 669-a  of  the  education
 law,  as  amended by chapter 490 of the laws of 2019, is amended to read
 as follows:
   a. "Vietnam veteran" means (i) a person who  is  a  resident  of  this
 state, (ii) who served in the armed forces of the United States in Indo-
 china  at  any  time  from  the [twenty-eighth day of February, nineteen
 hundred sixty-one] FIRST DAY OF NOVEMBER, NINETEEN  HUNDRED  FIFTY-FIVE,
 to  and including the seventh day of May, nineteen hundred seventy-five,
 and (iii) who was either discharged  therefrom  under  honorable  condi-
 tions, including but not limited to honorable discharge, discharge under
 honorable  conditions,  or general discharge, or 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,  or  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.
   §  6.  Paragraph  (f)  of  subdivision 1 of section 2632 of the public
 health law, as amended by chapter 414 of the laws of 2015, is amended to
 read as follows:
   (f)  Viet  Nam  conflict  between  [February  twenty-eighth,  nineteen
 hundred  sixty-one]  NOVEMBER FIRST, NINETEEN HUNDRED FIFTY-FIVE and May
 seventh, nineteen hundred seventy-five, both inclusive; or
   § 7. Subparagraph 4 of paragraph (c) of subdivision 1 of section 85 of
 the civil service law, as amended by chapter 179 of the laws of 2006, is
 amended to read as follows:

 S. 6888                             3

   (4) Hostilities participated in by the military forces of  the  United
 States,  from  the  [twenty-eighth  day  of  February,  nineteen hundred
 sixty-one] FIRST DAY OF NOVEMBER, NINETEEN  HUNDRED  FIFTY-FIVE  to  the
 seventh day of May, nineteen hundred seventy-five.
   §  8. 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
 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

 S. 6888                             4
 
 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] FIRST DAY OF NOVEMBER, NINETEEN  HUNDRED  FIFTY-FIVE  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 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, 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.
   § 9. This act shall take effect immediately.

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Senate Bill S6888

Sponsored By

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

2021-S6888 (ACTIVE) - Details

2021-S6888 (ACTIVE) - Summary

2021-S6888 (ACTIVE) - Sponsor Memo

2021-S6888 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S6888

Share this bill

Sponsored By

John E. Brooks

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

2021-S6888 (ACTIVE) - Details

2021-S6888 (ACTIVE) - Summary

2021-S6888 (ACTIVE) - Sponsor Memo

2021-S6888 (ACTIVE) - Bill Text download pdf

Comments