Committee on
Veterans'
Affairs

Ronald C.
Tocci
Chair

Sheldon
Silver
Speaker





15 December 2004


Honorable Sheldon Silver
Speaker
New York State Assembly
Room 932 Legislative Office Building
Albany, New York 12248

Dear Mr. Speaker,

It is with great pleasure that I forward the 2004 Annual Report of the Assembly Standing Committee on Veterans’ Affairs.

Several significant measures became law this year. Purple heart recipients receive priority for the employment preference established pursuant to Civil Service Law, section 55-C, and nursing homes and residential health care facilities are now required to advise in writing all individuals identifying themselves as veterans or spouses of veterans that they are entitled to assistance and to provide information to them.

Other measures include: extending the eligibility for the veterans’ alternative real property tax exemption to those awarded the global war on terrorism expeditionary medal; requiring the Office of General Services to modify the New York State World War II monument to include the Four Chaplains of the Dorchester; and providing an annual percentage adjustment of the $1,000 annuity payable to blind veterans and surviving spouses equal to the percentage increase, if any, for compensation and pension benefits administered by the U.S. Department of Veterans Affairs.

While much has been accomplished this year, much still remains to be done. Although this is my last Legislative Session as Chair of the Veterans’ Affairs Committee, I remain confident that the goals and aspirations we have worked towards will continue as priorities of my successor. Thank you for your leadership and steadfast support of our State’s veterans. I am proud to have had the opportunity to work with you, my colleagues, the Committee staff, and the veterans of New York State.

Sincerely,


Ronald C. Tocci
Member of Assembly



2004 ANNUAL REPOPT
NEW YORK STATE ASSEMBLY
STANDING COMMITTEE ON VETERANS’ AFFAIRS



Honorable Ronald C. Tocci
Chair

Majority

William L. Parment
Catherine T. Nolan
Audrey I. Pheffer
Robert K. Sweeney
Darryl C. Towns
Thomas P. DiNapoli
William Magnarelli
Amy R. Paulin
John W. Lavelle
Adam T. Bradley
Michael J. Cusick
Minority

Daniel L. Hooker
Ranking Minority Member
Robert J. Prentiss
Daniel J. Burling
Jeffery D. Brown
Staff

Joanne Barker, Legislative Coordinator
Joanne B. Martin, Principal Analyst
Elizabeth Hogan, Counsel
Rebecca Southard-Kreiger, Committee Clerk
Kathleen Quackenbush, Program and Counsel
Secretary



TABLE OF CONTENTS
  1. COMMITTEE JURISDICTION AND SUMMARY
  2. 2004 LEGISLATIVE HIGHLIGHTS
    1. Agent Orange
    2. Education Benefits for Vietnam and Persian Gulf Veterans
    3. Energy
    4. New York State World War II Monument
    5. Cemeteries
      1. New York State Veterans’ Cemetery Siting Committee
      2. New York State Veterans’ Cemetery Siting Committee Chapter Amendment
    6. Benefits
      1. Blind Veterans Annuity Regular Adjustments
      2. Disabled Veterans
    7. Identification of Veterans
      1. Veterans Nursing Homes and Residential Health Care Facilities
      2. Updating Statute
    8. Real Property
      1. Global War On Terrorism Expeditionary Medal
      2. Conditions of Refiling Applications For Exemptions
  3. BUDGET HIGHLIGHTS
    1. The Division of Veterans’ Affairs
      1. Veterans’ Counseling
      2. Blind Veterans’ Annuity Assistance
      3. Veterans’ Education Program
      4. County and City Veterans’ Service Agencies
      5. New York State Supplemental Burial Benefits
    2. Division of Military and Naval Affairs
      1. Recruitment Incentive and Retention Program
      2. New York State Military Museum and Veterans’ Reserve Center
    3. New York State Urban Development Corporation
  4. VETOS
    1. Line Item Vetoes
    2. Other Vetoes
  5. BILLS THAT PASSED THE ASSEMBLY ONLY
    1. Veterans’ Affairs Committee
      1. Transfer of the Real Property Tax Exemption In Cases of Veterans Moving Within the Same Municipality
      2. Expanding Qualifications For Veterans’ Real Property Tax Exemption
      3. Expands Real Property Tax Exemption For Those Eligible For Pecuniary Assistance
      4. Allow Veterans Who Have Earned Certain Combat Medals Retroactively To Apply For A Retroactive Exemption
      5. Exempt From Real Property Tax A Person Certified To Receive A Disability Pension
      6. Percentage Specified Without The Dollar Based Maximum
      7. Extend Memorial Day and Veteran’s Day Holiday To Certain Employees
      8. Provides For the Identification of Veterans and Their Spouses For the Improved Pension Program
      9. Changes The Commencement Date of the Vietnam War
      10. Speakers Education Program Within the Division of Veterans’ Affairs
      11. Distinctive License Plate for New York State Conspicuous Service Cross Recipients
    2. Other Committees
      1. Cities Committee
      2. Codes Committee
      3. Governmental Operations Committee
      4. Local Governments Committee
      5. Racing and Wagering Committee
      6. Real Property Taxation Committee
      7. Transportation Committee
      8. Ways and Means Committee
  6. BILLS REPORTED BY OTHER COMMITTEES THAT BECAME LAW
    1. Cities Committee
    2. Corporations, Authorities & Commission Committee
    3. Economic Development Committee
    4. Energy Committee
    5. Health Committee
    6. Higher Education Committee
    7. Racing and Wagering Committee
    8. Real Property Taxation Committee
    9. Tourism, Arts & Sports Development Committee
    10. Governmental Operations Committee
      1. Patriot Plan II
      2. New York State Trooper Exam
      3. Chapter Amendment to the New York State Trooper Exam Legislation
      4. Extends One Year Suspension of Public Retirement Loan Obligation for Those On Active Duty
    11. Transportation
      1. Motor Vehicle Registration Fees For Former Prisoners of War
      2. "Wayne County Veterans Memorial Highway"
      3. "Mount Pleasant Veterans Memorial Highway"
      4. "Orleans County American Legion Memorial Highway"
      5. "Lester R. Stone, Jr., Memorial Highway"
      6. "Adirondack Veterans Memorial Highway
      7. "Chautauqua County Veterans Memorial Highway"
      8. "100th Infantry Division Memorial Highway"
      9. "Walden Bridge Veterans Memorial Bridge"
      10. Eighth Air Force Historical Society Distinctive License Plate
      11. Purchase Second Set of Plates
  7. HONORING VETERANS TROUGH LEGISLATIVE RESOLUTIONS
    1. Commemorating June 14th as Flag Day and June 22nd as the 62nd Anniversary of the Office Recognition of the Pledge of Allegiance
    2. Commemorating the 50th Anniversary of the United States Air Force Academy
    3. National World War II Memorial Dedication
    4. 60th Anniversary of the Allied Invasion of Normandy
    5. Mourning the Death of Lt. Colonel Frances M. Liberty
    6. Commemorating the 125th Anniversary of the VA Healthcare Network Upstate New York At Bath
    7. Memorializing Governor Pataki To Proclaim August 14, 2004, as Navajo Code Talkers Day in New York State
    8. Memorializing Governor Pataki To Proclaim May 1, 2004, as Cold War Victory Day in New York State
    9. Memorializing Governor Pataki to Proclaim March 1, 2004, as Asiatic Fleet Memorial Day in New York State
    10. Urging Congress To Pass H.R.2664, "Veterans Medicare Reimbursement Act of 2003"
    11. Urging Congress to Pass H.R. 3894, the Military Sexual Trauma Counseling Act of 2004
    12. Urging Congress To Pass Senate Joint Resolution 19, Recognizing Commodore John Barry as the First Flag Officer of the United States Navy
    13. Commemorating the 59th Anniversary of the Battle of the Bulge and Giving Special Recognition To Richard Marowitz, Douglas Vink, and Alvin Cohen, Heroic World War II
    14. Honoring George Aneson For Courageous Actions During The Ludendorff Bridge Collapse
    15. Commending Major General Thomas G. Cleland
    16. Commending Patrick J. McCoy
    17. Honoring Captain James T. Harrington
    18. Honoring Chaplain Lieutenant Colonel Raymond P. Mathis, Jr.
    19. Commemorating the 85th Anniversary of The American Legion of Richmond County
    20. Honoring Bennett-Wells American Legion Post 1780
    21. Commemorating the 50th Anniversary of the Simon-Parise VFW Post 9596 and the Ladies Auxiliary
  8. HONORING SERVICEMEN AND WOMEN THROUGH LEGISLATIVE RESOLUTIONS
    1. Recognizing the Members of the New York Army National Guard 42nd Infantry (Rainbow) Division
    2. Celebrating Sergeant Carl Pascocello’s Safe Return
    3. Celebrating Major Alfred F. Garbarino, III’s Safe Return
    4. Paying Tribute to Sergeant Tim Kellner
    5. Honoring Lieutenant Adrian Vielhauer
    6. Mourning the Untimely Death of Several Men and Women Who Died In Iraq and Afghanistan
  9. Other Activities By The Committee
    1. Subcommittee on Women Veterans
      1. Commemorating the Fifty-fifth Anniversary of the Air Force Nurse Corps
      2. Commemorating the Fifty-fifth Anniversary of the Army Medical Specialist Corps
      3. Veterans History Project at the Library of Congress
    2. Public Hearing With the Labor Committee, the Legislative Commission on Skills Development and Career Education, and the Subcommittee on Women Veterans
    3. CARES Report
    4. National World War II Memorial
    5. New York State Purple Heart Memorial
  10. OUTLOOK FOR 2005
APPENDIX A
APPENDIX B
APPENDIX C



  1. COMMITTEE JURISDICTION AND SUMMARY

    The Assembly Standing Committee on Veterans’ Affairs evaluates legislation affecting 1.25 million New York State residents who selflessly served their nation in the United States armed forces. This number includes the nearly 60,000 women veterans who volunteered to serve in the military. Their jobs ranged from nurses to switchboard operators. The Committee’s work is geared toward safeguarding programs and promoting legislation benefiting veterans and their families. In addition, the Committee maintains on ongoing dialogue with the veterans’ community and addresses developing issues affecting the lives of New York State veterans.

    Veterans’ issues impact a number of titles of New York State statute, principally: Civil Service Law, Executive Law, Military Law, Education Law, Real Property Tax Law, Public Health Law, and Retirement and Social Security Law. Amendments to the State Constitution that would affect veterans are also considered by the Committee. New York State currently offers a variety of veterans’ assistance programs, including a real property tax exemption program, educational assistance for certain veterans and their family members, and a state veterans nursing home program.

    This past Legislative session, the Committee held six meetings and considered sixty-five bills. Eleven bills passed both houses of the Legislature and 11 were signed into law. The Committee was represented at the American Legion’s 84th Convention in Buffalo, New York, the Military Order of the Purple Heart Convention in Albany, D-Day Ceremonies at the New York State World War II Memorial, and the dedication of the National World War II Memorial in Washington, D.C.

    While the Standing Committee on Veterans’ Affairs has jurisdiction over legislation that affects veterans’ benefits and programs that help veterans and their families, the Committee does not work alone. Some initiatives advanced by individual veterans and organizations are referred to other standing committees, such as Energy, Transportation, Health, and Corporations, Authorities & Commissions. As a result, the Committee’s chairs, members, and staff must work closely with other committees to ensure that this unique population’s needs are met. To meet this goal, the Committee may analyze legislation referenced to other Assembly standing committees or conduct joint public hearings with other committees.



  1. 2004 LEGISLATIVE HIGHLIGHTS

    1. Agent Orange

      Dioxin is a chemical contaminant that was contained in Agent Orange, a herbicide (plant killer) used for defoliation in Vietnam from 1962 until 1971, as well as along the demilitarized zone (DNZ) in Korea in 1968-69, and at Fort Drum, New York, in 1959.

      Agent Orange received its name from orange painted on barrels containing the herbicide. Other herbicides were also named this way, e.g., Agents White, Blue, Green, and Purple. The barrels were color-coded to make identification easier for shippers and handlers.

      Herbicide spraying operations were conducted to clear vegetation, denying the enemy camouflage or cover for ambush. Herbicides were also used to destroy enemy food crops and to clear base perimeters, landing zones, waterways, and communications lines. An estimated 11 million gallons of Agent Orange were sprayed in Southeast Asia.

      Of the nearly 440,000 Vietnam-era veterans in New York State, roughly 131,000 engaged in active duty in Southeast Asia. Thus, the number of veterans in New York State who were exposed to Agent Orange is probably very high.

      Since the time this statue of limitations was first enacted in 1981, additional diseases, such as Hodgkin’s disease, prostate cancer, and Type 2 adult diabetes, have been associated with Agent Orange. Recently researches have found a link between a type of leukemia and Vietnam soldiers exposed to herbicides like Agent Orange, prompting the Department of Veterans Affairs to extend benefits to veterans with the illness.

      Agent Orange Extender
      (A.9778, Tocci; Chapter 68 of the Laws of 2004)

      In 1981, legislation was enacted to allow former members of the armed forces to initiate action to recover damages from personal injury caused by exposure to phenoxy herbicides (Agent Orange) within two years from the date of discovery of the injury or within two years from the date such injury should have been discovered, whichever is later.

      This Chapter extends to June 16, 2006, the deadline for filing suits against the producers of Agent Orange. Those persons whose injury or death was caused by contact with or exposure to phenoxy herbicides (Agent Orange) and served as members of the U.S. Armed Forces in Indo-China from December 22, 1961, through May 7, 1975, may file.

    2. Education Benefits for Vietnam and Persian Gulf Veterans

      The Vietnam Veterans Tuition Awards Program (VVTAP) was created in order to enhance the employability of Vietnam veterans. To further meet this goal, it was expanded in 1985 to allow the tuition award to be applied not only to courses at educational institutions, but also vocational training programs. In 1987, the year VVTAP was to expire, the Legislature recognized the need to extend the program, increase the available funding, and provide for proper promotion. Thus, the VVTAP’s expiration date was extended, the amount of the award increased from $500 to $1,000 for each semester of full-time study and a task force created to coordinate outreach efforts. In 1997 the program was expanded to graduate school students and those veterans who served in the Persian Gulf War.

      Vietnam Veterans Tuition Awards Program Extension and the Persian Gulf Veterans Tuition Awards Program Extension
      (A.9564; Sweeney; Chapter 250 of the Laws of 2004)

      This measure extends the date establishing eligibility in the Vietnam Veterans Tuition Award Program and the Persian Gulf Veterans Tuition Award Program to September 1, 2006.

    3. Energy

      Chapter 82 of the Laws of 1998 was enacted to require electric utilities to charge lower rates (based on residential rates) for service to post and halls of not-for-profit veterans organizations. The law was passed by both houses of the legislature prior to the date when the Long Island Company (LILCO) sold its electric distribution business to LIPA but was not signed until after that date. The 1998 law was intended to benefit all of the veterans’ organizations in the state, including those in the LILCO service territory, and it would have done do if it had been signed by the Governor prior to that date of the LILCO/LIPA transaction.

      Long Island Power Authority
      (A.3796; DiNapoli; Chapter 234 of the Laws of 2004)

      This law adds a new section to the public authorities’ law to require LIPA to charge a rate no greater than the residential rate in the same village, town or municipality for electric service to any post or hall owned or leased by a not-for-profit veterans’ organization. The measure further prohibits LIPA from increasing rates to other customers to recover revenues forgone under the public authorities law and in cases to satisfy bond coverage requirements, require LIPA to reduce its non-personnel operating expenses.

      The purpose of this measure is to provide that the Long Island Power Authority charge not-for-profit veterans organizations the rates charged to domestic consumers just as the other utilities in the state are required to do under Chapter 82 of the Laws of 1998.

    4. New York State World War II Monument

      Chapter 233 of the Laws of 1998 directed the Commissioner of the Office of General Services to erect a monument for veterans who served during the Second World War in the Empire State Plaza or Capitol Park.

      On May 30, 2002, the traditional date for Memorial Day, the New York State World War II Memorial was dedicated. The Memorial’s centerpiece is the eagle, symbolizing freedom, liberty, and the strength of the United States, perched on top of a large pedestal. The pedestal is surrounded by two pools of water encased with granite walls inscribed with the names of significant places, battles, and dates from the European and Pacific theaters of war. Granite tablets bear the names of the major campaigns of the war, along with quotations from President Franklin Roosevelt and Generals Eisenhower and MacArthur. Water jets create turbulence in the pools, symbolizing the lack of peace and harmony in the world during World War II.

      The Four Chaplains
      (A.10553; McEneny; Chapter 517 of the Laws of 2004)

      This bill requires the Commissioner of the Office of General Services to modify the existing New York State World War II monument to appropriately recognize the Four Chaplains.

      On February 3, 1943, the U.S. Army Troopship "Dorchester" was torpedoed off the coast of Greenland. On board this ship were four Chaplains, two Protestant pastors, a Catholic priest, and a Jewish rabbi, who were among the first on deck handing out lifejackets and calming the men. When the lifejackets ran out, the Chaplains gave up their own and placed them on other soldiers without regard to their own safety. Approximately eighteen minutes after the torpedo impact, the ship disappeared beneath the surface and witnesses last saw the Four Chaplains arm-in-arm on the hull of the ship praying together.

      Of the nine hundred men on board, almost seven hundred died that night, making it the third largest loss at sea of its kind by the United States in World War II. The Four Chaplains were later recognized for their valor and selfless acts of courage by Congress with the creation of a special Congressional Medal of Valor for the Chaplains’ next of kin.

    5. Cemeteries

      The Department of Veterans’ Affairs State Cemetery Program was established in 1978 to complement the VA’s National Cemetery Administration. The program assists states in providing gravesites for veterans in those areas where VA’s national cemeteries cannot fully satisfy their burial needs.

      The grants may be used only for the purpose of establishing, expanding, or improving veterans’ cemeteries that are owned and operated by a state or U.S. territory and a grant request may only be made by a state official. New York State has not participated in this program.

      1. New York State Veterans’ Cemetery Siting Committee
        (A.11290-A, Rules at the request of Tocci; Chapter 288 of the Laws of 2004)

        This measure would establish a state veterans’ cemetery siting committee to report upon the feasibility of establishing New York State veterans’ cemeteries throughout New York State. The committee would advise the state director of Veterans’ Affairs and the director of the Division of Cemeteries within the Department of State.

        Such committee shall consist of nine members, including the secretary of state or his or her designee, the director of the Division of Veterans’ Affairs or his designee, the commissioner of General Services or his designee, the commissioner of Parks, Recreation and Historic Preservation or her designee and appointments made by the Governor, the temporary president of the Senate, the speaker of the Assembly, the minority l eader of the Senate, and the minority leader of the Assembly. All appointees must be honorably discharged veterans who served in the U.S. Armed Forces during a time of war.

        The committee shall report to the Governor, the temporary president of the Senate, and the speaker of the Assembly on or before December 31, 2004, as to the feasibility of establishing one or more veteran’s cemeteries within New York State. Such report shall identify and evaluate potential sites based on geographic need. Such sites include, but not be limited to, Sampson State Park, Old Plattsburgh Army Barracks 1812 Cemetery, Richmond county, and vacant land under the jurisdiction of state agencies, taking into consideration accessibility, cost of acquisition, cost of maintenance, cost of operation, applicable rules and regulations that must be med to ensure eligibility for federal funds, and the availability of federal funds to meet the cost of establishing such cemeteries.

      2. New York State Veterans’ Cemetery Siting Committee Chapter Amendment
        (A.11787, Rules at the request of Tocci; Chapter 458 of the Laws of 2004)

        This Chapter amendment requires the nine members to be appointed to be honorably discharged veterans as defined in section three hundred sixty-four of the executive law or an honorably discharged Persian Gulf or Afghanistan veteran as those terms are described in section six hundred sixty-nine-a of the education law. It also, requires the New York State veterans’ cemetery siting committee to report by June 30, 2005, to the Governor, the temporary president of the senate and the speaker of the assembly as to the feasibility of establishing one or more veteran’s cemeteries within New York State and to identify and evaluate potential sites based on geographical need.

    6. Benefits

      New York State veterans’ benefits have always been, with a few exceptions, specifically linked to "time of war" military service. On the federal level, benefits for wartime veterans also are much greater than those who served during peacetime. The difference in benefits takes into consideration the additional sacrifices an individual faces during a "time of war" when a serviceman or woman can quickly find themselves in a combat zone or on the frontlines.

      In 1909, the Bureau of Sick and Disabled Veterans was created within the Division of Military and Naval Affairs. In 1960, the function of overseeing the Blind Veterans Annuity was transferred to the Division of Veterans’ Affairs. Chapter 424 of the Laws of 1961 made widows eligible for the program. Prior to the enactment of Chapter 233 of the Laws of 1998, the blind veterans’ annuity was paid to widows provided that the marriage had taken place prior to March 14, 1936. The 1998 law deleted the phase "widow, who has not remarried" and added the term "unremarried spouse." It also deleted the provision that the surviving spouse had to be married to the veteran by March 14, 1935.

      1. Blind Veterans Annuity Regular Adjustments
        (A.9598, Nolan; Chapter 251 of the Laws of 2004)

        In 2000, Chapter 435 raised the New York State Blind Veterans’ Annuity Program stipend from $500 to $1,000 a year. The benefit was created in 1913, and this was the first time the benefit increased. This law would allow for the annual adjustment of the annuity now payable plus a percentage increase, if any, for compensation and pension benefits administered by the U.S. Department of Veterans’ Affairs in the previous year. Commencing in the year 2005, the director of the division of veterans’ affairs has to publish by February first of each year, the amount of the annuity as adjusted.

      2. Disabled Veterans
        (A.5044, Tocci; Chapter 65 of the Laws of 2004)

        This law authorizes disabled veterans who are certified by the U.S. Department of Veterans Affairs or a military department to present such certificate as evidence of their disability and provides purple heart recipients a preference for consideration established pursuant to section 55-c of the Civil Service Law.

    7. Identification of Veterans

      Since the end of World War I, one of the New York State Legislature’s chief priorities has been enacting legislation to help veterans gain access to their benefits. Many of the benefits to which veterans are entitled are not awarded automatically. Veterans must apply for them through the Division of Veterans’ Affairs, or other veterans’ service providers. In order to serve the veterans community, those providing veterans’ services need to identify veterans.

      1. Veterans Nursing Homes and Residential Health Care Facilities
        (A.10076-B, Tocci; Chapter 95 of the Laws of 2004)

        This measure requires nursing homes and residential health care facilities to advise in writing all individuals identifying themselves as veterans or spouses of veterans that they are entitled to assistance. The information given shall be the name, address and telephone number of the various veterans’ service offices who are accredited and of the Division of Veterans’ Affairs.

      2. Updating Statute
        (A.10414, Cusick; Chapter 355 of the Laws of 2004)

        This law updates the statute directing agencies to seek information on the status of veterans receiving assistance to promote referral of veterans to agencies for benefits.

    8. Real Property

      The veterans’ real property tax exemption has a long history in New York State. Veterans’ tax exemptions are available to men and women who served in the armed forces of this country since the time of the American Revolution. Essentially, the exemptions take the form of freedom from levy and freedom from taxes on the property acquired through military service.

      This benefit is a special way of recognizing the sacrifices of those men and women who served in time of war.

      Virtually all real property tax exemptions granted to veterans in New York State fall into two categories: the fixed dollar amount "eligible funds" category (Real Property Tax Law, Section 458) and the percentage-of-exemption value "alternative" category (RPTL, Section 458-A).

      The "alternative exemption" was enacted in 1984 as a local option replacement for the "eligible funds" exemption. The "alternative exemption" provides a property tax exemption of 15% of assessed value to veterans who served during wartime, and an additional 10% to those veterans who served in a combat zone. The law also provides an additional exemption to disabled veterans, equal to one-half of their service-connected disability rating.

      Two measures were enacted this year to allow more veterans to participate in the real property tax exemption program.

      1. Global War On Terrorism Expeditionary Medal
        A.10417, DiNapoli; Chapter 473 of the Laws of 2004)

        This bill extends eligibility for the veteran’s alternative real property tax exemption to those awarded the global war on terrorism expeditionary medal.

        Presidential Executive Order 13289 authorized the Global War on Terrorism Expeditionary Medal for those servicemen and women deployed overseas for service in the Global War on Terrorism operations. Initial award of the expeditionary medal is limited to personnel deployed abroad in Operation Enduring Freedom and Operation Iraqi Freedom. The area of eligibility encompasses the United State Central Command area (less the lower Horn of Africa); Middle East; eastern Turkey; Philippines; Diego Garcia; and all air spaces above the land and adjacent water areas.

      2. Conditions of Refiling Applications For Exemptions
        (A.6050-B, Tocci; Chapter 646 of the Laws of 2004)

        This measure would allow applicants for the alternative veterans real property tax exemption to refile on or after the appropriate taxable status date in cases in which chances have occurred that would affect qualification for the exemption or the amount of the exemption.



  1. BUDGET HIGHLIGHTS

    1. The Division of Veterans’ Affairs

      1. Veterans’ Counseling

        The Division of Veterans’ Affairs (DVA) operates three principal programs. The largest is the Veterans’ Counseling Program, which provides counseling and claims services throughout a statewide network of State veterans’ counselors. The counselors, all of whom are veterans, and support staff help veterans complete and file applications for benefits and services, and file for federal, state, local, and private veterans’ benefits. Counselors also service constituents through outreach to Veterans’ Affairs medical centers, senior centers, state veterans’ nursing homes and local nursing homes, and public assistance offices. With the enactment of the New York Patriot Plan in 2003, State veterans’ counselors help to ensure that active duty military personnel and their families receive the supplemental benefits to which they are now entitled.

        State veterans counselors receive professional training in veterans’ benefits counseling. When successfully completed, a certificate is awarded to allow these counselors to assist individual veterans to file claims with the U.S. Department of Veterans’ Affairs. Counselors receive on-going training, as well as technical information and manuals.

        $500,000 was appropriated for services and expenses related to veterans’ counseling for the 2004-05 budget year.

        $50,000 was appropriated in the 2004-05 State budget for this training.

      2. Blind Veterans’ Annuity Assistance

        Under Chapter 435 of the Laws of 2000 and effective October 1, 2000, visually impaired wartime veterans and their surviving spouses are eligible for a $1,000 annual annuity. This benefit is paid in monthly installments. Its origins can be traced back to the post-World War I period. This annuity amount reflects an increase of $500 from prior years.

        The Budget appropriated $ 5,000,000 to this vital program. Up to $15,000 of the appropriation may be transferred to state operations for postage costs associated with this program.

      3. Veterans’ Education Program

        The Veterans’ Education Program was previously under the jurisdiction of the Department of Education. In October 1997, the Governor requested that this federally funded program be moved to the jurisdiction of the DVA. The Veterans’ Education Bureau approves and supervises educational institutions offering programs for veterans and other eligible persons. According to federal law, no veteran can receive G.I. educational benefits, such as those granted pursuant to the Montgomery G.I. Bill, unless the program in which the veteran is enrolled has been approved and is supervised by a state-approved agency. Eleven personnel were transferred to DVA to operate this program. For the 2003-04 budget year, twelve positions are funded.

        The Budget included a $1,518,000 federal operating grant to operate this program.

      4. County and City Veterans’ Service Agencies

        County and City Veterans’ Service Agencies are mandated by state law to inform members of the armed forces, reserves, organized militia, veterans, and their families about education, retraining, medical, and other rehabilitative services and facilities. As well, they are to inform veterans about federal, state, and local laws and regulations pertaining to their rights as veterans and families of veterans.

        In the budget for SFY 2004-2005, $575,000 was allocated for this program.

      5. New York State Supplemental Burial Benefits

        Pursuant to Chapter 106 of the Laws of 2003, New York State offers a supplemental burial benefits program to eligible families of military personnel killed in combat or duty subject to hostile fire or imminent danger, as defined in 37 U.S.C. Section 310 (a) (4).

        In the adopted budget, $200,000 was included for this program and for transfer of such amounts as are necessary to state operations for related administrative expenses.

    2. Division of Military and Naval Affairs

      1. Recruitment Incentive and Retention Program

        Chapter 268 of the Laws of 1996 established the Recruitment Incentive and Retention Program to provide eligible members of the New York Army National Guard, the New York Air National Guard, and the New York Naval Militia with a tuition benefit for undergraduate study.

        In the budget for 2004-05, $3,300,000 was included for this vital program.

      2. New York State Military Museum and Veterans’ Reserve Center

        The New York State Military Museum and Veterans’ Research Center is located at the Saratoga Armory in Saratoga Springs, New York.

        In the budget for SFY 2004-2005, $1,000,000 was appropriated for services and expenses related to youth academic and drug reduction programs, the New York State Military Museum and Veterans’ Research Center, and the preservation and restoration of historic artifacts.

    3. New York State Urban Development Corporation

      $1,000,000 was added in the adopted budget for services and expenses of military base retention efforts.



  1. VETOS

    1. Line Item Vetoes.

      On August 20, 2004, Governor George E. Pataki issued 194 line-item vetoes.

      Among them were seven vetoes of interest to the veterans’ community.

      Veto #45 Division of Veterans’ Affairs
      $250,000 for services and expenses of the Veterans Outreach Center, Inc. (Monroe County).

      Veto #46 Division of Veterans’ Affairs
      $100,000 for services and expenses related to veterans’ cemeteries maintenance equipment.

      Veto #95 Office of Children and Family Services
      For services and expenses related to the homeless veterans outreach and supportive services pursuant to the following sub-schedule:

      Black Vets for Social Justice   $76,117
      Albany Housing Coalition   $41,742
      C.O.P.I.N. Foundation   $12,277
      Saratoga RPC   $12,277
      West New York Veterans Housing   $ 9,822
      369th Veteran’s Association, Inc   $24,554
      Vanguard Urban Improvement Association, Inc   $ 7,366
      Military Women of New York City And Friends Inc. dba Military Women and Friends, Inc   $15,345

      for a total of $199,500
         

      Veto #159 Department of Economic Development
      $ 150,000 for services and expenses for the Griffiss local development corporation.

      Veto #181 Urban Development Corporation
      $900,000 for services and expenses of infrastructure and other improvements associated with cooperative state/federal efforts at the Seneca army depot.

      Veto #182 Urban Development Corporation
      $100,000 for services and expenses of Niagara County related to infrastructure and other improvements associated with cooperative state/federal efforts for the Niagara Falls air force base redevelopment.

      Veto #183 Urban Development Corporation
      $210,00 Watervliet Arsenal Revitalization

    2. Other Vetoes

      Veto No. 7 (A.7188-a M of Abbate)
      This bill would permit substitute teachers, non-teaching and per diem school employees who are members of the Board of Education Services (BERS) to join the New York City Teachers’ Retirement System (NYCTRS). This would have included teachers of Junior R.O.T.C.. Reasons given for the veto include cost, and that it would create ambiguity as to the titles which would be eligible for transfer to NYCTRS.



  1. BILLS THAT PASSED THE ASSEMBLY ONLY

    1. Veterans’ Affairs Committee

      1. Transfer of the Real Property Tax Exemption In Cases of Veterans Moving Within the Same Municipality
        (A.952, McEneny; Passed Assembly)

        The bill would authorize municipalities to adopt a local law or ordinance allowing the assessor to transfer and prorate a real property tax exemption granted a veteran when such veteran sells the property receiving the exemption and purchases property within the same municipality.

      2. Expanding Qualifications For Veterans’ Real Property Tax Exemption
        (A.1974, Tonko; Passed Assembly)

        This measure would allow a qualified veteran to apply for the veterans’ real property tax exemption within thirty days of the transfer of property when purchased after the taxable status date or after the levy of taxes. Guidelines would be established for a review and complaint process for such applications.

        The bill would also establish a formula that assessors could use to determine the exemption for property purchased after the taxable status date but before the levy of taxes and allow municipalities to opt for this method of recomputing the exemption.

      3. Expands Real Property Tax Exemption For Those Eligible For Pecuniary Assistance
        (A.5834, Tocci; Passed Assembly)

        The purpose of this bill is to include seriously disabled veterans who are eligible to receive pecuniary assistance from the federal government to acquire or adopt a home to their needs in the category of those qualified for the eligible funds exemption under Section 458(3) of the Real Property Tax Exemption.

      4. Allow Veterans Who Have Earned Certain Combat Medals Retroactively To Apply For A Retroactive Exemption
        (2746-A, Higgins; Passed Assembly)

        This bill would allow veterans who have earned certain combat medals retroactively due to federal law or regulation to apply for a retroactive exemption under Section 458-a (20 (b) of the Real Property Tax Law.

      5. Exempt From Real Property Tax A Person Certified To Receive A Disability Pension
        (A.11374, Rules at the request of Tocci; Passed Assembly)

        The bill would exempt from real property taxation, real property owned by a person certified to receive a Department of Veterans Affairs disability pension, pursuant to 38 U.S.C., Section 1521, and allow an award letter from the Department of Veterans’ Affairs to be submitted as proof of the disability.

      6. Percentage Specified Without The Dollar Based Maximum
        (A.11266, Rules at the request of Tocci; Passed Assembly)

        The purpose of this bill is to allow each municipality to adopt a local law to allow the alternative veterans’ real property tax exemption to be determined by applying the percentage specified without imposing the dollar-based maximum and to require tax bills to list the full value exemptions.

      7. Extend Memorial Day and Veteran’s Day Holiday To Certain Employees
        (A.5039, Tocci; Passed Assembly)

        This measure amends Section 63 of the Public Officers Law to require an extra day of paid leave on Memorial Day and Veterans’ Day for veterans who are employed by a school district, board of cooperative educational services (BOCES), or other educational institution that receives state funding.

      8. Provides For the Identification of Veterans and Their Spouses For the Improved Pension Program
        (A.5042, Tocci; Passed Assembly)

        Large numbers of unmarried military veterans and unremarried surviving spouses on Medicaid in nursing homes throughout New York State are not receiving the federal Veterans’ Administration pension to which they may be entitled. In many cases, there are no relatives or friends who can help veterans apply. This bill would require licensed nursing homes and health care facilities to identify and file applications for the Improved Pension Program on behalf of those veterans who are receiving Medicaid.

      9. Changes The Commencement Date of the Vietnam War
        (A.5043, Tocci; Passed Assembly)

        This measure would change the date upon which the Vietnam war is deemed to have commenced from December 22, 1961, to February 28, 1961, in various sections of law.

      10. Speakers Education Program Within the Division of Veterans’ Affairs
        (A.7899, Tocci; Passed Assembly)

        The purpose of this bill is to establish within the Division of Veterans’ Affairs a speakers education program. New Yorkers, especially young people, should be aware of the contributions of the men and women who served our nation in the time of war. Veterans would volunteer to participate in this program.

      11. Distinctive License Plate for New York State Conspicuous Service Cross Recipients
        (A.4670-A, Tocci; Passed Assembly)

        This bill would authorize the creation of a license plate for veterans who have earned the New York State Conspicuous Service Cross. There would be a one-time service charge of ten dollars added on to the cost of such plate.

    2. Other Committees

      1. Cities Committee
        Veteran Vendor Flags
        (A.11539 Rules at the request of Tocci; Passed Assembly)

        This bill authorizes the advisory committee of disabled veteran vendors to design and create a universal flag to identify vendors with specialized vending licenses.

      2. Codes Committee
        VA Police Officers
        (A.5826-A, Tocci; Passed Assembly)

        This measure would grant VA police officers peace officer status.

      3. Governmental Operations Committee
        American Gold Star Mothers Day
        (A.6729, Carrozza; Passed Assembly)

        This legislation would add a day honoring American Gold Star Mothers to the list of days of commemoration in the State of New York.

      4. Local Governments Committee
        Increased Annual Appropriations For Patriotic Organizations
        (A.4671, Tocci; Passed Assembly)

        This measure would permit towns to increase from $125 to $300 the annual appropriation to defray the costs of rooms for patriotic organizations in an adjoining town when the town does not have a post within its boundaries. The bill also would allow a town board to appropriate a sum not exceeding $1,000 for each post in any year for the purpose of holding meetings.

      5. Racing and Wagering Committee
        Games of Chance Conducted by Charitable and Service Organizations
        (A.2715, Smith; Passed Assembly)

        This bill would mandate less stringent reporting requirements for not-for-profit organizations that take in proceeds less than $10,000 per year in games of chance proceeds.

      6. Real Property Taxation Committee
        Veteran Disability Payments
        (A.8863-A Rules at the request of Tocci; Passed Assembly)

        The bill would exclude veteran disability payments from the income of persons sixty-five years of age or over entitled to a real property tax exemption.

      7. Transportation Committee

        1. Distinctive License Plate for United States Naval Armed Guard Veterans
          (A.321-C, Morelle; Passed Assembly)

          This bill would provide for a distinctive United States Naval Armed Guard license plate.

        2. "General Casimir Pulaski Interstate 40 Memorial Bridge"
          (A. 10418, Gantt; Passed Assembly)

          This bill renames the portion of state highway route 1-490 consisting of the westbound bridge spanning the Erie Canal that connects the city of Rochester and the town of Gates as the "General Casimir Pulaski Interstate 490 Memorial Bridge."

        3. Distinctive License Plate for African American Veterans
          (A.369-A, Greene; Passed Assembly)

          This bill would allow any African American who is a veteran and resides in New York State to request a license plate bearing the words African American Veterans.

      8. Ways and Means Committee

        1. A Special Fund For Income Tax Credit For State Veterans Homes
          (A.2598. McLaughlin; Passed Assembly)

          This bill would allow an individual in any taxable year to elect to contribute to the support of the New York State veterans’ homes. The bill would also create a fund in the custody of the state comptroller to help fund the nursing homes.

        2. Gettysburg National Battlefield
          (A.5813, Tocci; Passed Assembly)

          The measure would allow a New York State taxpayer to voluntarily contribute a portion of their state income tax refund to the preservation and restoration of monuments dedicated to New Yorkers at the Gettysburg National Battlefield.



  1. BILLS REPORTED BY OTHER COMMITTEES THAT BECAME LAW

    1. Cities Committee
      Veteran Vendors
      (A.9889, Sanders; Chapter 11 of the Laws of 2004)

      This law subjects specialized vending license holders to certain ten-foot curb restrictions in cities having a population of one million or more. It also prohibits general vendors in New York City from vending on certain streets and makes permanent the provisions of Chapter 277 of the Laws of 1998.

    2. Corporations, Authorities & Commission Committee Cemeteries
      (A.3163-A, McEneny; Chapter 675 of the Laws of 2004)

      Before the owners of a private cemetery may remove an interred body, they must provide prior notice to the county clerk and county historian. If any of the deceased are known to be veterans, notice must be given to the New York State Division of Veterans’ Affairs. In the absence of the next of kin, the county clerk, county historian or the division of veterans’ affairs may act as guardian to ensure proper reburial.

    3. Economic Development Committee
      National Veterans Organizations
      (A.10947, Rules at the request of Tocci; Chapter 494 of the Laws of 2004)

      This measure amends the definition of club members of veterans clubs to allow membership in a national veterans’ club to be accepted as membership in any of its New York State chapters.

    4. Energy Committee
      Military Bases
      (A.11578-A, Rules at the request of Aubertine; Chapter 386 of the Laws of 2004)

      This law directs the power authority of the state of New York to provide low-cost electricity to military establishments within the state. It also authorizes such authority to enter into contracts with the United States to provide such low cost electricity.

    5. Health Committee

      Hepatitis C
      (A.5038, Tocci; Chapter 109 of the Laws of 2004)

      Current law includes a list of groups that must have information regarding Hepatitis C made available to them. The only groups that are specifically listed in the section are physicians and other health care providers. This measure would add veterans to the list.

    6. Higher Education Committee
      Regents Awards For Children of Deceased and Disabled Veterans
      (A.10427, Hoyt; Chapter 547 Laws of 2004)

      This law allows a student who has a step-parent, who is a qualified deceased or disabled veteran to be eligible for the Regents Awards For Children of Deceased and Disabled Veterans even if the student’s biological parent is living.

    7. Racing and Wagering Committee Raffles
      (A.307-B, Cahill; Chapter 678 of the Laws of 2004)

      This measure provides that charitable and service organizations may conduct raffles without complying with licensing requirements, filing requirements or reporting requirements provided that such organizations shall derive net proceeds from raffles in an amount less than five thousand dollars during one occasion or part thereof at which raffles are to be conducted and less than twenty thousand dollars during one calendar year.

    8. Real Property Taxation Committee
      Amityville Post 1015 American Legion Home Association, Inc.
      (A.11028, Rules at the request of Sweeney; Chapter 360 of the Laws of 2004)

      This law authorizes the assessor of the Town of Babylon, upon the approval of the town board, to accept the application from the Amityville Post 1015 American Legion Home Association, Inc., for a real property tax exemption in connection with property it purchased in the Hamlet of Copiague, Town of Babylon, County of Suffolk for the 2003/2004 and 2004/2005 assessment roll.

    9. Tourism, Arts & Sports Development Committee
      French and Indian War
      (A11091, Rules at the request of Morelle; Chapter 707 of the Laws of 2004)

      This measure creates a temporary commission to promote the 250th Anniversary of the French and Indian War.

    10. Governmental Operations Committee

      1. Patriot Plan II
        (A.11697, Rules at the request of Destito; Chapter 418 of the Laws of 2004)

        Patriot Plan II makes the protections offered to military personnel and their families less complicated and easier to enforce when dealing with issues such as mortgage, foreclosure, evictions, canceling insurance policies, and suspending auto leases. The measure also provides tuition benefits for veterans of the Persian Gulf and Afghanistan wars, extends the definition of children who can receive education benefits to include adopted children, stepchildren, children for whom an individual is a legal guardian, and blood relatives of whom an individual had custody. The plan also revokes tax-exempt status of charitable organizations found to be aiding terrorism. The measure implements a twenty-five percent increase in National Guard pay from $100 to $125 a day and a tax exemption on National Guard pay when deployed in New York State for any emergency.

      2. New York State Trooper Exam
        (A.9580, Nolan; Chapter 94 of the Laws of 2004)

        The purpose of this bill is to provide an opportunity for those serving in the military service to take the New York State Trooper exam soon after their return to the United States.

      3. Chapter Amendment to the New York State Trooper Exam Legislation
        (A.11349, Rules at the request of Nolan; Chapter 478 of the Laws of 2004)

        This measure relates to the examination requirements for the appointment of members of the active military to the state police, providing for supplemental competitive examinations and advancing the effectiveness of such provisions.

      4. Extends One Year Suspension of Public Retirement Loan Obligation for Those On Active Duty
        (A.11224, Rules at the request of Destito; Chapter 127 of the Laws of 2004)

        This bill extends for one year suspension of public retirement loan repayment obligations for members on active military duty.

    11. Transportation

      1. Motor Vehicle Registration Fees For Former Prisoners of War
        (A.4885, Tocci; Chapter 485 of the Laws of 2004)

        This law exempts former Prisoners of War, regardless of age, from the payment of motor vehicle registration fees to obtain distinctive "Former Prisoner of War" license plates.

      2. "Wayne County Veterans Memorial Highway"
        (A.9476-B, Oaks; Chapter 338 of the Laws of 2004)

        This law designates State Route 31 in Wayne County as the "Wayne County Veteran’s Memorial Highway."

      3. "Mount Pleasant Veterans Memorial Highway"
        (A.9381-A, Brodsky; Chapter 216 of the Laws of 2004)

        This law designates the state highway system Route 141 in the county of Westchester as the "Mount Pleasant Veterans Memorial Highway."

      4. "Orleans County American Legion Memorial Highway"
        (A.10972, Nesbitt; Chapter 569 of the Laws of 2004)

        This measure designates Route 104 in the County of Orleans to the Monroe County border as the "Orleans County American Legion Memorial Highway."

      5. "Lester R. Stone, Jr., Memorial Highway"
        (A11035, Crouch; Chapter 224 of the Laws of 2004)

        A portion of the state highway in Broome County (Route 79) is designated as the "Lester R. Stone, Jr., Memorial Highway under this measure. Sergeant Stone is one of Broome County’s Medal of Honor winners. Sergeant Stone earned his Congressional Medal of Honor in Vietnam while on a mission just west of Landing Zone Liz, Republic of Vietnam. He served in the U.S. Army First Platoon.

      6. "Adirondack Veterans Memorial Highway
        (A.9996, McEneny; Chapter 562 of the Laws of 2004)

        This measure designates the highway between Exit 1 and Exit 43 of I-87, better known as the Adirondack Northway, as the "Adirondack Veterans Memorial Highway."

      7. "Chautauqua County Veterans Memorial Highway"
        (A.9825, Parment; Chapter 643 of the Laws of 2004)

        This law designates portions of Interstate Route 86 in Chautauqua County as the "Chautauqua County Veterans Memorial Highway."

      8. "100th Infantry Division Memorial Highway"
        (A.11234, Rules at the request of Carrozza; Chapter 573 of the Laws of 2004)

        Under this measure, the Cross Island Parkway in Queens County is designated as the "100th Infantry Division Memorial Highway."

      9. "Walden Bridge Veterans Memorial Bridge"
        (A.9509, Calhoun; Chapter 490 of the Laws of 2004)

        The bridge across the Walkill River on State Route 52 in the village of Walden in the county of Orange is designated by this measure as the "Walden Veterans’ Memorial Bridge."

      10. Eighth Air Force Historical Society Distinctive License Plate
        (A.47-B, Lafayette; Chapter 483 of the Laws of 2004)

        This law authorizes the creation of a license plate for members of the Eighth Air Force Historical Society. The Eighth Air Force Historical Society, founded in 1975 by an original Eighth Air Force pilot, serves as a central organization for its individual state chapters and wings. In order to obtain such license plate, a member is required to pay the regular registration fee and an additional annual service charge of fifteen dollars. On September 21, 2005, one year after the effective date of this law, five thousand dollars shall be allocated to DMV to offset the production of the Eighth Air Force Historical Society.

      11. Purchase Second Set of Plates
        (A.9915, Tocci; Chapter 732 of the Laws of 2004)

        This measure would allow a recipient of the distinctive license plates created for former Prisoners of War, Purple Heart recipients, and Gold Star Mother to purchase a set of license plates for every vehicle registered in his or her name.



  1. HONORING VETERANS THROUGH LEGISLATIVE RESOLUTIONS

    1. Commemorating June 14th as Flag Day and June 22nd as the 62nd Anniversary of the Office Recognition of the Pledge of Allegiance

      The resolution commemorates June 14th as Flag Day and June 22nd as the 62nd Anniversary of the official recognition of the Pledge of Allegiance. The Pledge of Allegiance was written by Francis Bellamy in 1892 but did not receive official recognition by the United States Congress until June 22, 1942, when it was included in the United States Flag Code. (AL 2514, Tocci)

    2. Commemorating the 50th Anniversary of the United States Air Force Academy

      On July 26, 1947, the National Security Act, signed by President Harry S Truman created an independent Air Force. Studies were initiated on the possibility of a separate Air Force Academy. On April 1, 1954, President Dwight D. Eisenhower signed Public Law 325, 83rd Congress, 2nd Session, creating the United States Air Force Academy. The Academy Site Selection Board chose Colorado Springs as the site for the academy; while it was being built Denver served as the interim location. This resolution commemorates the 50th Anniversary of the United States Air Force Academy. (AL 2070, Towns)

    3. National World War II Memorial Dedication

      On May 29, 2004, the National World War II Memorial was dedicated on the National Mall in the District of Columbia. This memorial is the first national memorial to both recognize the courage, bravery, and unselfish dedication of the members of the United States Armed Forces who served in World War II and those who served on the home front, and acknowledges the commitment and achievement of the entire American people in that war. This resolution recognizes the occasion of the dedication of this special memorial. (AL 2326, Tocci)

    4. 60th Anniversary of the Allied Invasion of Normandy

      The Allied invasion of Normandy on June 6, 1944, code named "Operation Overlord," began just after dawn. D-Day was the most important day of the war because its success marked the beginning of the end of the murderous reign of Nazi tyranny over the continent of Europe. This resolution commemorates this important battle of World War II. (AL 2218, Tocci)

    5. Mourning the Death of Lt. Colonel Frances M. Liberty

      Lt. Colonel Frances M. Liberty, Army Nurse Corps, Ret., served in World War II, Korea, and Vietnam. She earned the Bronze Star Medal. She was very active in establishing the New York State World War II Veterans Memorial, and the New York State Women Veterans Memorial. This resolution mourns her death. (AL 1876, Canestrari)

    6. Commemorating the 125th Anniversary of the VA Healthcare Network Upstate New York At Bath

      On January 23, 2004, the Bath VA Medical Center celebrated the 125th Anniversary of its grand opening as the Grand Army of the Republic New York State Soldiers and Sailors Home. This resolution commemorates this event and the VA Medical Center. (AL 1301, Bacalles)

    7. Memorializing Governor Pataki To Proclaim August 14, 2004, as Navajo Code Talkers Day in New York State

      The Navajo Code Talkers served in all Marine divisions, transmitting messages by telephone and radio in their native language, a code that the Japanese never broke. August 14 has been designated as National Navajo Code Talkers Day. (AL 2102, Nolan)

    8. Memorializing Governor Pataki To Proclaim May 1, 2004, as Cold War Victory Day in New York State

      The Cold War (September 2, 1946, to December 26, 1991) was a long and costly struggle. We remember and appreciate the service of our men and women and all the sacrifices made to keep the peace of this great Nation. The Cold War Veterans Association has identified May 1st as the day to commemorate our victory in the Cold War. (AL 2193, Tocci)

    9. Memorializing Governor Pataki to Proclaim March 1, 2004, as Asiatic Fleet Memorial Day in New York State

      The Asiatic Fleet was formed in 1902, reestablished in 1910, and continued to serve until 1942. Through years of unrest and disturbance, the Fleet protected American lives and interests along the China Coast and the Yantze River. The Fleet also assisted civilian areas devastated by the force of nature and internal warfare. The Asiatic Fleet is no more, but its heritage of courage and selfless dedication helped spur the United States Navy to victory in World War II. (AL1698, Tocci)

    10. Urging Congress To Pass H.R.2664, "Veterans Medicare Reimbursement Act of 2003"

      The resolution calls for Congress to pass H.R. 2664, "Veterans Medicare Reimbursement Act of 2003." This legislation would provide for Medicare reimbursement for health care services provided to Medicare-eligible veterans in facilities of the Department of Veterans Affairs. Medicare reimbursement, known as subvention, would allow the VA to collect and retain Medicare dollars and would allow Medicare-eligible veterans to receive treatment for their non-service-connected illnesses through the VA. (AL 2195, Rules at the request of Nolan)

    11. Urging Congress to Pass H.R. 3894, the Military Sexual Trauma Counseling Act of 2004

      H.R. 3849 amends Title 38, United States Code, to provide permanent authority for the Secretary of Veterans Affairs to continue to operate a program to provide counseling and treatment for veterans who, while in service, experienced sexual trauma or sexual harassment. This resolution urges Congress to pass this important piece of legislation. (AL 2369, Rules at the request of Paulin)

    12. Urging Congress To Pass Senate Joint Resolution 19, Recognizing Commodore John Barry as the First Flag Officer of the United States Navy

      John Barry, American merchant marine captain and native of County Wexford, Ireland, volunteered his services to the Continental Navy during the American War for Independence and was assigned by the Continental Congress as captain of the "Lexington," taking command of that vessel on March 14, 1776, and later participating in the Trenton campaign. On February 22, 1797, President Washington conferred upon Captain Barry, with the advice and consent of the Senate, the rank of Captain, with "Commission No. 1" of United States Navy, dated June 7, 1794. This resolution encourages Congress to pass Senate Joint Resolution 19, recognizing Commodore John Barry as the first flag officer of the United States Navy. (AL 1776, Cusick)

    13. Commemorating the 59th Anniversary of the Battle of the Bulge and Giving Special Recognition To Richard Marowitz, Douglas Vink, and Alvin Cohen, Heroic World War II

      Veterans

      The Battle of the Bulge was a German counteroffensive in the Ardennes region of Belgium and Luxembourg in World War II that occurred between December 1944 and January 1945. This resolution commemorates the 59th Anniversary of the Battle and some of the men who participated in this historic battle. (AL 1378, McEneny)

    14. Honoring George Aneson For Courageous Actions During The Ludendorff Bridge Collapse

      In the winter of 1945, engineers were repairing damages on the Remagen Bridge when it suddenly collapsed and the engineers were plunged into the icy Rhine River. Staff Sergeant George Aneson, standing on the shore, saw his comrades struggling in the current and in a split second, he plunged into the waters. He tied the engineers together with a rope from shore, preventing them from being swept away, and then helped them reach shore. This resolution commends his courageous actions during World War II. (AL 2175, Acampora)

    15. Commending Major General Thomas G. Cleland

      This resolution honors Major General Thomas G. Cleland of the New York Guard upon his retirement after many years of distinguished service. (AL 2289, Tocci)

    16. Commending Patrick J. McCoy

      Patrick J. McCoy served both his country and the State of New York for over forty years as a member of the naval family. This resolution commemorates his retirement with the rank of Chief Warrant Officer 4 (CWO4). (AL 2475, Prentiss)

    17. Honoring Captain James T. Harrington

      Captain James T. Harrington has served aboard ships and on staffs in both the United States Atlantic and Pacific fleets. He served as Damage Control Assistant and later Communications Officer and Navigator on the USS "Vogelgesang," Engineer Officer on the USS "Edward McDonnell," Damage Control Assistant on the USS "America;" Executive Officer on the USS "Goldsborough," and commander of the USS "Fahrion." This resolution honors Captain Harrington on his retirement. (AL 1766, Fitzpatrick)

    18. Honoring Chaplain Lieutenant Colonel Raymond P. Mathis, Jr.

      Father Mathis served for six years with the Army Reserve, primarily with the 359th Signal Group. In 1982, he transferred to the Air National Guard, 174th Fighter Wing. He served in two wars, the Gulf War and the War with Iraq. On April 2, Lieutenant Colonel Mathis, Jr. retired. This resolution honors his service to the nation. (AL 1794, Townsend)

    19. Commemorating the 85th Anniversary of The American Legion of Richmond County

      The American Legion is a veterans’ service organization which draws its membership from men and women who served in the Armed Forces of the United States during a period of Congressionally recognized war or armed conflict. The founders of the American Legion, some American Expeditionary Forces officers, met to discuss a new veterans organization and organized the first meeting. A Paris opera house, the Cirque de Paris, sheltered the March 15-17 Paris Caucus of 439 Doughboys as they founded the American Legion. This resolution commemorates this event and the anniversary of the Richmond County American Legion. (A. 1739, Lavelle and A.2462, Straniere)

    20. Honoring Bennett-Wells American Legion Post 1780

      Named for Private James Bennett and Second Lieutenant Johnson Wells, the first two Black Buffalonians to die in World War II, Bennett-Wells American Legion Post 1780 was granted its charter on April 10, 1954. This resolution honors the 50th Anniversary of the Bennett-Wells American Legion Post 1780. (AL 1998, Peoples)

    21. Commemorating the 50th Anniversary of the Simon-Parise VFW Post 9596 and the Ladies Auxiliary

      The Simon Parise VFW Post 9596 was chartered on June 28, 1953, and the Ladies Auxiliary was chartered on October 7, 1953. This post was named after Norbert F. Simon, who served in the United States Army and was killed on Omaha Beach in 1944, and Michael Parise who served in the United States Army and was killed in Sicily in 1943. This resolution commemorates the Post on its 50th Anniversary.



  1. HONORING SERVICEMEN AND WOMEN THROUGH LEGISLATIVE RESOLUTIONS

    1. Recognizing the Members of the New York Army National Guard 42nd Infantry (Rainbow) Division

      The 42nd Infantry (Rainbow) Division was organized on August 17, 1917, from National Guard divisions of many states, with Douglas MacArthur as its first chief of staff. In General MacArthur’s words, "This rainbow stretches across the land and represents the people of our country." In March 1946, the 42nd Infantry (Rainbow) Division was transferred to the New York Army National Guard where it has performed in many state emergencies, including floods, hurricanes, snow and ice storms, airplane crashes, and prison strikes. By the end of 2004, the 42nd Infantry (Rainbow) Division will be deployed to Iraq. This resolution recognizes the members of this division for their professionalism and sacrifice as they are deployed to Iraq. (AL 277, McEneny)

    2. Celebrating Sergeant Carl Pascocello’s Safe Return

      Sergeant Carl Pascoccello was a reserve soldier with the 411th Civil Affairs Battalion and was mobilized by the United States Army in January 2003 and in Baghdad in March. He was stationed in Sadr City in northeast Baghdad, where he aided in the rehabilitation of schools and arranged for emergency supplies to hospitals. This resolution celebrates Sergeant Pascoccell’s safe return home to Hopewell Junction, New York. (AL 2202, Manning)

    3. Celebrating Major Alfred F. Garbarino, III’s Safe Return

      From December 2002 to January 2004, Major Alfred F. Garbarino, III, of Merrick, New York, served as an Operations Officer with the 800th Military Police Brigade in Umm Qaar, Baghdad, and Iraq. This resolution celebrates Major Garbarrino’s safe return home. (AL. 1969, Carrozza)

    4. Paying Tribute to Sergeant Tim Kellner

      Sergeant Tim Kellner is recovering from being wounded in a mine blast during his valiant military service in Iraq. This resolution pays tribute to Sergeant Keller. (AL 1575, Young)

    5. Honoring Lieutenant Adrian Vielhauer

      Lieutenant Adrian Vielhauer was wounded in action when saving the life of a fellow officer. He earned two bronze stars and the Army Commendation Medal for valor. This resolution honors Lieutenant Viehkauer (AL 1970, Aubertine)

    6. Mourning the Untimely Death of Several Men and Women Who Died In Iraq and Afghanistan

      Fifteen resolutions were adopted to honor the men and women that were residents of New York State who served in the United States Armed Forces, and who were killed in Iraq or Afghanistan.

      Captain George Andrew Wood AL 1403, Destito
      Corporal Jason Dunham AL 2198, Young
      Army Specialist Isaac Michael Nieves AL 2026, Hooker
      Staff Sergeant Kevin C. Kimmerly AL 1373, Sayward
      Pfc. Raheen Tyson Heighter AL 1408, Ramos
      Pfc. Jacob Samuel Fletcher AL 1521, Ramos
      Staff Sergeant Shawn M. Clemens AL 1574, Young
      Staff Sergeant Richard Burdick AL 1599, Young
      Lance Corporal Eric J. Orlowski AL 1600, Young
      Private First Class Luis Moreno AL 1608, Espaillat
      Staff Sergeant Riayan A. Tejeda AL 1609, Espaillat
      Army Specialist Roger Ling AL 1712, Weprin
      Sergeant Michael J. Esposito, Jr. AL 1991, Ramos
      Staff Sergeant Anthony S. Lagman AL 2007, Pretlow
      Sergeant Philip L. Witkowski AL 2561, Young


  1. Other Activities By The Committee

    1. Subcommittee on Women Veterans

      The Subcommittee on Women Veterans sponsored the tenth annual Women Veterans Recognition Day in the Assembly. This year the Subcommittee honored women veterans of all wars and conflicts. The history of women’s service in America’s military conflicts is as old as our independence, and as timeless as our reverence of freedom and democracy. Operation Iraqi Freedom involves the largest deployment of women service members. Expressly honored were Ms. Estelle Mohr, WAC, 1943-1945; Ms. Peggy Stressler, U.S. Navy, 1971-1976; Ms. Cheryl Hansen, U.S. Air Force, 1974-1977 and Ms. Virginia Jacques, WAVES, 1944-1952. (AL 2511, Rules at the request of Eddington)

      The subcommittee also sponsored three additional resolutions.

      1. Commemorating the Fifty-fifth Anniversary of the Air Force Nurse Corps

        The U.S. Air Force, which had been part of the U.S. Army, was established as a separate service in 1947. The Air Force Nurse Corps was recognized as a branch of the U.S. Air Force on July 1, 1949. The Air Force Nurse Corps assisted in the air evacuation of casualties during the Korean Conflict. On December 5, 1950, the Nurse Corps assisted in the evacuations of about 3,900 patients after the Chinese intervention in the war and by the end of the war they had helped evacuate 350,000 patients. Two Air Force nurses, First Lieutenant Virginia May McClure and Margaret Faw Perry, were killed in a non-hostile aircraft accident. Today, traditional nursing roles exist in the Armed Forces, and special training opportunities such as Flight Nurse are also available. This resolution commemorates the establishment of the Air Force Nurse Corps. (AL 2378, Eddington)

      2. Commemorating the Fifty-fifth Anniversary of the Army Medical Specialist Corps

        The Army Medical Specialist Corps is a special branch of the United States Army, authorized by Section 3070 of Title 10 U.S. Code, and is part of the Army Medical Department. It is organized into four distinct sections: Occupational Therapy, Physical Therapy, Dietetics, and Physician Assistants. The Corps is composed exclusively of certified occupational therapists, licensed physical therapists, registered dietitians, and students in the United States Army-Baylor University Physical Therapy Program, the Dietetic Internship Program, and the Occupational Therapy Internship Program. This resolution commemorates the establishment of the Army Medical Specialist Corps. (AL 2512, Eddington)

      3. Veterans History Project at the Library of Congress

        The Veterans History Project covers World War I, World War II, and the Korean, Vietnam and Persian Gulf conflicts. This special project includes all participants in those wars-men and women, civilian and military. It documents the contributions of civilians, volunteers, support staff, and war industry workers as well as the experiences of military personnel from all ranks and branches of service and personnel from the Merchant Marines. This resolution commends this important history project. (AL 2513, Eddington)

    2. Public Hearing With the Labor Committee, the Legislative Commission on Skills Development and Career Education, and the Subcommittee on Women Veterans

      The New York State Assembly Committee on Veterans’ Affairs, Committee on Labor, Legislative Commission On Skills Development and Career Education, and Subcommittee on Women Veterans held a public hearing on the integration of the New York State Department of Labor’s veterans programs into the one-stop delivery system under the Workforce Investment Act (WIA) of 1998. In 1994, New York State passed the Veterans’ Bill of Rights (Chapter 553 of the Laws of 1994) describing the State’s commitment to employment services for veterans and reflecting priority in training opportunities for veterans. 2004 marks the tenth anniversary of this legislation. The Workforce Investment Act (WIA) passed Congress in 1998 and identified the Department of Labor’s Veterans’ Employment and Training Services (VETS) as one of sixteen partners to provide specialized services to veterans through a One-Stop delivery system. To assess the progress of this federal legislation, the panel heard testimony from veterans’ organizations and the Department of Labor to evaluate the progress and effect WIA in providing veterans priority and employment training.

      One recommendation offered during the hearing was to create a task force on Employment and Training Service for veterans. The object would be to ensure that the design of the service delivery and accountability mechanisms that emerge from current restructuring of the employment and training systems preserve veterans’ preferences and take into account the special needs of veterans in all employment, training and education programs in the State of New York.

    3. CARES Report

      On May 7, 2004, Secretary Anthony Principi formally accepted the CARES Commission Report with modifications. CARES (Capital Asset Realignment for Enhanced Services) is a study of the nation’s largest health care system, operated by the Federal Department of Veterans Affairs. The State of New York is split into two Veterans Integrated Service Networks (VISNs), one upstate and one downstate, including parts of New Jersey. Several recommendations affect the delivery of health care services to veterans of New York State.

      The study had put the veterans’ facility in Canandaigua on the list to close but Principi decided to transfer inpatient psychiatric beds to Buffalo or Syracuse and ordered officials to come up with a plan to make the facility more efficient. In VISN 3, the VA will undertake a thorough feasibility study of the potential to consolidate the Manhattan and Brooklyn campuses of the New York Harbor Health Care System in the VISN’s New York market. The VA will implement a consolidation of services between the Montrose and Castle Point campuses that will enhance patient care and make more effective use of VA health care resources. The consolidation will transfer acute psychiatric, long term psychotic, and nursing home beds from the Montrose to the Castle Point campus. The spinal cord injury and disorders beds will relocate from Castle Point to the Bronx.

    4. National World War II Memorial

      May 29, 2004, more than 150,000 people gathered on the National Mall to dedicate the National World War II Memorial. Three presidents, members of Congress, the Cabinet, and representatives from foreign governments joined the World War II veterans to celebrate the new memorial and to remember those whose service it honors. Millions more joined this historic occasion, watching simulcasts of the ceremony. New Yorkers were among those in Washington, D.C.

      The dedication of the memorial was the culmination of an eleven-year effort that started when the memorial was authorized by Congress on May 25, 1993. Money was raised from contributions by individuals, corporations, and government, including New York State, which gave a check for $1.7 million dollars to the American Battle Monument Commission. The $1.7 million equals one dollar for every veteran from New York State that served in World War II.

    5. New York State Purple Heart Memorial

      On August 6, 2004, the New York State Purple Heart Memorial was dedicated. It is located on Madison Avenue in Albany near the New York State Museum and the New York State Women Veterans Memorial. The purpose of this Memorial is to honor all New York State Purple Heart recipients. Each State was given funding for a Memorial by the National Department of the Order of the Purple Heart to honor the recipients of the Purple Heart Medal in each respective state.



  1. OUTLOOK FOR 2005

    The Assembly Standing Committee on Veterans’ Affairs is looking forward to a productive year in 2005. The Committee will continue to work with the Division of Veterans’ Affairs, Division of Military and Naval Affairs, other State agencies, veterans’ organizations, and individual veterans throughout New York State to develop programs and services to assist the veterans of this state.

    The issues that the Committee will pursue include:

    • veterans’ buyback of credited time for those retired by the state;

    • educational benefits for veterans;

    • outreach to women veterans;

    • outreach to older veterans;

    • long-term health care needs for veterans;

    • Hepatitis C education program for Vietnam veterans;

    • homelessness among veterans; and

    • service for veterans who suffer from alcohol and substance abuse and post-traumatic stress disorder.

    The Committee will continue to strive to uphold its responsibility by addressing the needs of New York State’s approximately 1.25 million veterans and their families.



APPENDIX A

2004 SUMMARY ACTION ON ALL BILLS REFERRED TO
the Assembly Committee on Veterans’ Affairs

Final Action Assembly
Bills
Senate
Bills
Total Bills
Bills Reported With or Without Amendments
To Floor; Not Returning to Committee 0 0 0
To Floor; Recommitted and Died 0 0 0
To Ways & Means Committee 16 0 16
To Codes 2 0 2
To Rules Committee 3 0 3
To Judiciary      

Total
     
Bills Having Committee Reference Changed

Total
0 0 0
Senate Bills Substituted or Recalled

Substituted

0

0

0
Recalled 0 0 0

Total

0

0

0
Bills Defeated in Committee 0 0 0
Bills Never Reported, Held in Committee 44 2 46
Bills Never Reported, Died in Committee 0 0 0
Bills Having Enacted Clauses Stricken 0 0 0
Motions to Discharge Lost 0 0 0
Total Bills in Committee 65 2 67
Total Number of Committee Meetings Held 6    



APPENDIX B
BILL SPONSOR CHAPTER DESCRIPTION
A.5044 Tocci 65 Allows disabled veterans who are certified by the U.S. Department of Veterans Affairs or a military department to present such certificate as evidence of their disability and provides purple heart recipients a priority in the program.
A.9778 Tocci 68 Extends the filing of Agent Orange suits to June 16, 2006.
A.10076-B Tocci 95 Requires nursing homes and residential health care facilities to advise in writing all individuals identifying themselves as veterans or spouses of veterans that they are entitled to receive assistance; such information shall include the name, address, and telephone number of the various veterans’ service officers who are accredited and the division of veterans’ affairs.
A.11290-A Tocci 288 Establishes a state veterans’ cemetery siting committee to report upon the feasibility of establishing New York State veterans’ cemeteries throughout New York State.
A.10414 Cusick 355 Updates the statute directing agencies to seek information on the status of veterans receiving assistance.
A.9598 Nolan 251 Provides for an annual percentage adjustment of the $1,000 annuity payable to blind veterans and surviving spouses equal to the annual percentage increase, if any, for compensation and pension benefits administered by the U.S. Department of Veterans’ Affairs
A.3796 DiNapoli 234 Directs LIPA to charge not-for-profit veterans’ organizations the rates charged to domestic consumers, just as the other utilities in the state are required to do under Chapter 82 of the Laws of 1998.
A.9564 Sweeney 250 Extends the application period for the Vietnam and Persian Gulf Veterans’ Tuition Award Program until September 1, 2006.
A.10553 McEneny 517 Requires the Commissioner of the Office of General Services to modify the New York State World War II monument to include the Four Chaplains (of the "Dorchester").
A.10417 DiNapoli 473 Extends the eligibility for the veterans’ alternative real property tax exemption to those awarded the global war on terrorism expeditionary medal.
A.6050-B Tocci 646 Allow applicants for the alternative veterans’ real property tax exemption to refile on or after the appropriate taxable status date in cases in which changes have occurred that would affect qualifications for the exemption or amount of the exemption.
A.11787 Tocci 458 Amends Chapter 288 of the Laws of 288 of the Laws of 2004. The nine members to be appointed to the veterans’ cemetery siting committee must be honorably discharged veterans, as defined in section three hundred sixty-four of the executive law, or an honorably discharged, Persian Gulf or Afghanistan veteran, as described in section six hundred sixty-nine-a of the education law and requires the committee to report by June 30, 2005.



APPENDIX C

BILLS THAT PASSED THE ASSEMBLY

BILL SPONSOR DESCRIPTION
A.952 McEneny Would authorize municipalities to adopt a local law or ordinance allowing assessor to transfer and prorate a real property tax exemption granted a veteran when such veteran receiving the exemption sells the property and purchases property within the same municipality.
A.1974
S.1026
Tonko
Farley
Would allow a qualified veteran to apply for the veterans’ real property tax exemption within 30 days of a transfer of property when property was purchased after the taxable status date or after the levy of taxes.
A.4670-A Tocci Would authorize the issuance of distinctive license plates for recipients of the conspicuous service cross or their spouse.
A.5039
S.4294
Tocci
Robach
Would require a day of paid leave on Memorial Day and Veterans’ Day for veterans who are employed by a school district, board of cooperative educational services (BOCES), or other educational institution that receives state funding.
A.5042 Tocci Would provide for the identification of veterans’ spouses by nursing homes and residential health care facilities to update information monthly; further, would require facilities to complete an Improved Pension Fund application.
A.5043
S.3038
Tocci
Morahan
Would change the date upon which the Vietnam war is deemed to have commenced from December 22, 1961, to February 28, 1961, in various sections of law.
A.5834
S.3108
Tocci
Morahan
Seriously disabled veterans who are eligible to receive pecuniary assistance from the federal government to acquire or modify a home to adapt it to their disabled needs would be included in the category of those qualified for the eligible funds exemption under Section 458(3) of the Real Property Tax Law.
A7899 Rules at the request of Tocci Would provide for a program for veteran speakers in classrooms to supplement instructional and educational aspects of American military history.
A.11266 Rules at the request of Tocci Would allow each municipality to adopt a local law to allow the alternative veterans’ real property tax exemption to be determined by applying the percentage specified without imposing the dollar-based maximum and to require tax bills to list the full value exemptions.
A.2746-A Higgins Would provide for retroactive real property tax exemptions under the veterans’ alternative exemption for certain veterans retroactively awarded certain combat ribbons or badges.
A.11374 Rules at the request of Tocci Would exempt from real property taxation property owned by a person certified to receive a United States department of veterans affairs disability pension.


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