Assembly Bill A5896

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5896
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 24, 2023
                                ___________
 
 Introduced  by  M.  of  A.  JEAN-PIERRE -- read once and referred to the
   Committee on Veterans' Affairs
 
 AN ACT to amend 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. Subdivisions 3 and 9 of section 350 of the  executive  law,
 subdivision  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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06775-01-3
 A. 5896                             2
              

 
   §  2. 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 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.
   §  3. 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.
   §  4.  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
 A. 5896                             3
 
 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 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.
   §  5. 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.
   § 6. Subdivision 6 of section 210 of the economic development law,  as
 amended  by  section 33 of part PP of chapter 56 of the laws of 2022, 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  one  of  the  veterans'  services 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 one
 of the veterans' services law, and has received a discharge  other  than
 bad conduct or dishonorable from such service.
   §  7. Section 63 of the public officers law, as amended by chapter 606
 of the laws of 2021, 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
 A. 5896                             4
 
 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 one of the veterans' services 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 one of the
 veterans' services 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  Trans-
 port  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 one of the veterans' services 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
 one of the veterans' services 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-sev-
 enth, nineteen hundred fifty and January thirty-first, nineteen  hundred
 fifty-five,  or during the period of the Vietnam conflict from the first
 day of November, nineteen hundred fifty-five 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
 A. 5896                             5
 
 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 (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 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 condition, as defined in section one of the  veter-
 ans'  services  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  one  of  the  veterans'  services 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  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 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.
   §  8.  Section 63 of the public officers law, as amended by section 80
 of part PP of chapter 56 of the laws of 2022,  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-
 A. 5896                             6
 
 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 one of the veterans' services 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  one  of  the
 veterans'  services  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 Trans-
 port 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 one of the veterans' services 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
 one  of  the  veterans' services 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-sev-
 enth,  nineteen hundred fifty and January thirty-first, nineteen hundred
 fifty-five, or during the period of the Vietnam conflict from the  first
 day  of November, nineteen hundred fifty-five 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  Grenada  from  October twenty-third, nineteen hundred
 A. 5896                             7
 
 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 (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 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 condition, as defined in section one of the veter-
 ans' services 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  one  of  the  veterans'  services  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 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 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. 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
 A. 5896                             8

 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
 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.
   §  10. Subdivision 4-a of section 458 of the real property tax law, as
 amended by section 82 of part PP of chapter 56 of the laws of  2022,  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)
 A. 5896                             9
 
 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 one of the veterans' services law, and has received a
 discharge other than bad conduct or dishonorable from such  service,  or
 (iii)  is  a  discharged  LGBT veteran, as defined in section one of the
 veterans' services law, and has received  a  discharge  other  than  bad
 conduct  or  dishonorable  from such service; or (c) service by a United
 States civilian Flight Crew and Aviation Ground Support Employee of  Pan
 American  World Airways or one of its subsidiaries or its affiliates who
 served overseas as a result of Pan American's contract with  Air  Trans-
 port  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 one of the veterans' services law,  and
 has  received  a  discharge  other than bad conduct or dishonorable from
 such service, or (iii) is a  discharged  LGBT  veteran,  as  defined  in
 section  one of the veterans' services law, and has received a discharge
 other than bad conduct or dishonorable from such service; OR (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,
 A. 5896                            10
 
 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 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.  Paragraph  (e) of subdivision 1 of section 458-a of the real
 property tax law, as amended by section 83 of part PP of chapter  56  of
 the laws of 2022, 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 one
 A. 5896                            11
 
 of the veterans' services 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 one of the veterans'  services  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  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  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 one of the veterans' services 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
 one of the veterans' services 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 subsidiaries or  its  affil-
 iates  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 (1)  was
 discharged  or released therefrom under honorable conditions, or (2) has
 a qualifying condition, as defined  in  section  one  of  the  veterans'
 services  law,  and  has  received a discharge other than bad conduct or
 dishonorable from such service, or (3) is a discharged LGBT veteran,  as
 defined in section one of the veterans' services law, and has received a
 discharge  other  than bad conduct or dishonorable from such service, or
 (v) notwithstanding any other provision of law to the contrary, who  are
 members  of  the  reserve  components  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 one of the veterans' services 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 one of the
 veterans' services 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
 A. 5896                            12
 
 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.
   §  13. 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.
   §  14.  Paragraph  (a)  of  subdivision 1 of section 458-b of the real
 property tax law, as amended by section 84 of part PP of chapter  56  of
 the laws of 2022, is 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
 one of the veterans' services law, and has received  a  discharge  other
 than  bad  conduct  or  dishonorable  from  such  service, or (iii) is a
 discharged LGBT veteran, as defined in  section  one  of  the  veterans'
 services  law,  and  has  received a discharge other than bad conduct or
 dishonorable from such service.
   § 15. This act shall take effect immediately, provided, however, that;
   (a) the amendments to articles 17, 17-A, and 17-B of the executive law
 made by sections one, two, three, and four of this act shall not  affect
 the repeal of such articles and shall be deemed repealed therewith;
   (b)  the  amendments  to  subdivision 6 of section 210 of the economic
 development law made by section six of this act shall take effect on the
 same date and in the same manner as section 33 of part PP of chapter  56
 of the laws of 2022, takes effect;
   (c)  the  amendments  to section 63 of the public officers law made by
 section eight of this act shall take effect on the same date and in  the
 same  manner as section 80 of part PP of chapter 56 of the laws of 2022,
 takes effect;
   (d) the amendments to subdivision 4-a of section 458 of the real prop-
 erty tax law made by section ten of this act shall take  effect  on  the
 same  date and in the same manner as section 82 of part PP of chapter 56
 of the laws of 2022, takes effect;
   (e) the amendments to paragraph (e) of subdivision 1 of section  458-a
 of  the  real  property tax law made by section twelve of this act shall
 A. 5896                            13
 
 take effect on the same date and in the same manner  as  section  83  of
 part PP of chapter 56 of the laws of 2022, takes effect; and
   (f)  the amendments to paragraph (a) of subdivision 1 of section 458-b
 of the real property tax law made by section fourteen of this act  shall
 take  effect  on  the  same date and in the same manner as section 84 of
 part PP of chapter 56 of the laws of 2022, takes effect.