New York State Assembly

1998 Annual Report

Standing Committee on Veterans' Affairs

Sheldon Silver, Speaker
Ronald C. Tocci, Chairman

Ronald C. Tocci 85th Assembly District

THE ASSEMBLY STATE OF NEW YORK ALBANY

CHAIRMAN Committee on Veterans' Affairs CHAIRMAN Sub-Committee on Harbor and Coastal Zones COMMITTEES Education Environmental Conservation Labor Racing and Wagering Ways and Means SUBCOMMITTEES Air Quality and Nuclear Issues Hazardous Waste Transportation Transportation Safety

15 December 1998 

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

It is with great pleasure that I forward the 1998 Annual Report of the Assembly Standing Committee on Veterans' Affairs.

This was an active year for the Committee. We can be especially proud of enacting legislation to eliminate the requirement that a disabled veteran has to reapply for the alternative veterans real property tax exemption each year. Other important measures include expanding the blind veterans annuity to include certain unremarried surviving spouses, creating a new military medal for those veterans who have received a unit award for valor and encouraging the display of the POW/MIA flag at buildings that house the county legislature.

Due to the Committee's work, along with several other committees we have established a pension credit for military service and placed in law rules and regulations concerning the disabled veterans vendors in the City of New York.

With great anticipation we look forward to the 1999 Legislative Session. Among the issues that the Committee will review are real property taxation issues for surviving spouses and Gold Star Parents, continued outreach to women veterans, measures to meet the health care needs of veterans, as well as our continued review of pension credit for military service.

I wish to extend my appreciation and many thanks to the members of the Committee, the Committee staff and the veterans of New York State for their efforts, and especially to you, Mr. Speaker, for your continued support of veterans' causes.

Sincerely,

Ronald C. Tocci, Chairman
Committee on Veterans' Affairs

1998 ANNUAL REPORT
NEW YORK STATE ASSEMBLY
STANDING COMMITTEE ON VETERANS' AFFAIRS

Honorable Ronald C. Tocci
Chairman

Staff

Deborah VanAmerongen, Legislative Coordinator
Joanne B. Martin, Senior Legislative Associate
Michael Gianaris, Counsel,
Linda Camoin, Committee Associate
Debbie Bouchey, Committee Clerk
Kathleen Quackenbush, Program and Counsel Secretary

TABLE OF CONTENTS

I. COMMITTEE JURISDICTION AND SUMMARY

The Assembly Standing Committee on Veterans' Affairs evaluates legislation affecting the 1.5 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 served in the military. Their jobs ranged from being 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 an ongoing dialogue with the veterans' community and addresses developing issues affecting the lives of New York State's veterans.

Veterans issues impact a number of titles of New York State statute, principally: Civil Service Law, Education Law, Executive Law, Military Law, Real Property Tax Law, and Retirement and Social Security Law. Proposed 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 educational assistance for certain veterans and their family members, a real property tax exemption program and veterans health care.

This past legislative session, the Committee held four meetings and considered 92 bills. Eight of these bills were passed by both houses of the Legislature and were signed into law. The Committee was represented at the American Legion's 80th State Convention in Buffalo and the Marine Corps League 75th National Convention in Syracuse.

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 or Corporations, Authorities and Commissions. As a result, the Committee's chair, 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 standing committees or conduct joint public hearings with other committees.

II. 1998 LEGISLATIVE HIGHLIGHTS

A. New York State Veterans Memorials

New York State has three veterans memorials located near the State Capitol honoring those who served in the time of war. All three memorials were the result of legislation.

The New York State Vietnam Memorial became law in 1981 by Chapter 754 of the Laws of 1981. This occurred one year before "The Wall" was completed in Washington, D.C. Dedicated in 1984 as a "living memorial," it commemorates the military service of New York State residents in Vietnam, and other parts of Southeast Asia between 1961 and 1975. The Memorial features a State Honor role in its courtyard, as well as exhibits, a gallery and a resource center library. The New York State Vietnam Memorial was the first such effort of this kind by any state in the nation.

Chapter 626 of the Laws of 1986 gave statutory authority to create the New York State Korean Veterans Memorial. It was dedicated in 1990, on the 40th anniversary of the beginning of the Conflict. The memorial features a reflecting pool with a plaque dedicated to each of the countries that participated. The Korean War Veterans Memorial in Washington, D.C. was dedicated on July 25, 1995.

Groundbreaking for the New York State Women Veterans Memorial occurred on June 12, 1998. This monument is the result of Chapter 294 of the Laws of 1994. The dedication is slated for Veterans Day 1998. This memorial features two bias reliefs depicting women in the military, from the Revolutionary War to present time. The central figure is symbolic in spirit, strength and commitment to women who have defended our nation and its principles. The figure is intended to depict Liberty emerging from the block of stone-breaking free from colonialism and standing atop a British crown.

It has been over 50 years since the end of the last World War. These veterans are dying daily. The Legislature has finally adopted legislation to honor these brave men and women like their fellow comrades from other conflicts and wars.

New York State World War II Memorial

The Law directs 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. This monument will be dedicated to the memory and honor of all New York State residents who either died or were reported missing in action during World War II. (Chapter 233 of the Laws of 1998, A. 5661 McEneny)

B. Real Property Tax Exemption

The veterans' real property tax exemption has a long history in New York State. Veterans' tax exemptions are available to the 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 property acquired through military service.

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

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

The "alternative exemption," enacted in 1984, is available only for residential property of war veterans. Each municipality was given the option of granting this exemption. However, a municipality that initially opted out may decide to change its decision and grant the exemption.

The alternative exemption provides a property tax exemption of 15% of assessed value to veterans who served during wartime, and an additional 10% exemption to those 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.

Each county, city, town and village has the additional option of using the maximum set of exemptions for the three categories of exemptions or passing a local law to use either of the two sets of lower exemption levels.

Under current law, veterans who claim a real property tax exemption based on a partial disability must refile a completed application form with their local assessor on or before the appropriate taxable status date each year. This onerous requirement has resulted in the loss of an exemption for many veterans who miss the filling date, although they are otherwise eligible for the exemption. The Legislature passed a measure to correct the problem.

Making Disabled Veterans Exemption Permament

This bill would allow a disabled veterans exemption to be perpetual in duration except in cases where the disability rating changes, as certified by an appropriate physician, or upon the death of the eligible recipient. (Chapter 433 of the Laws of 1998, A. 11057 Harenberg)

C. Agent Orange

Dioxin is a chemical contaminant that was contained in Agent Orange, a herbicide (plant killer) used in Vietnam from 1962 until 1971. Dioxin is considered by scientists to be among the most toxic chemicals known to man.

Agent Orange received its name from orange painted on barrels containing this herbicide. Other herbicides were also named this way, e.g., Agents White, Blue, Green and Purple. The barrels were color-codes 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 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 statute of limitations was first enacted in 1981, additional diseases associated with Agent Orange have been certified by the federal government making veterans eligible to receive disability compensation due to exposure to Agent Orange. These diseases include soft-tissue sarcoma, Non-Hodgkin's lymphoma, chloracne, respiratory cancers (lung, larynx and trachea), multiple myeloma (a cancer involving the bone marrow), Hodgkin's disease and porphyria cutanea tarde (a liver disorder). Acting on a recommendation from the U.S. DVA, President Clinton, in May 1996, added prostate cancer and the nerve affliction known as peripheral neuropathy to the list of diseases for which Agent Orange victims can receive disability payments.

Agent Orange Extender

In 1981, legislation was enacted to allow former members of the armed forces to initiate action to recover damages for 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 that such injury should have been discovered, whichever is later.

This Chapter extends to June 16, 2000, 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. (Chapter 98 of the Laws of 1998, A. 9759 Tocci)

D. Education Benefits For Vietnam And Persian Gulf Veterans

The Vietnam Veterans Tuition Award 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 to vocational training programs. In 1987, the year the 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 was created to coordinate outreach efforts. In 1996, VVTAP was expanded to include those eligible veterans attending graduate school at degree-granting institutions in New York State. As well, veterans who served in the Persian Gulf War were also included in the program.

Since the expansion of the program in 1996, there has been an increase in the number of veterans who utilize the program.

VVTAP for Vietnam and Persian Gulf Veterans

This bill extends the date of eligibility for qualifying Vietnam and Persian Gulf veterans to establish eligibility in the Vietnam Veterans Tuition program to September 1, 2000. (Chapter 515 of the Laws of 1998, A.9208 Connelly)

E. Benefits

Since the end of World War I, one of the New York State Legislature's chief priorities has been enacting legislation to help veterans access 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 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 added widows of blind veterans to those eligible for the program.

Current law allows the blind veterans annuity to be paid to the widows provided that the marriage took place prior to March 14, 1936. As a result, the provision has served to systematically exclude an entire generation of surviving spouses, some of whom may be experiencing economic hardship. The legislation was adopted to correct this inequity.

Expanding Blind Veterans Annuity Eligibility

This bill deletes the phase "widow, who has not remarried" and the use the term "unremarried spouse. It also, deletes the provision which stated that the surviving spouse had to be married to the veteran by March 14, 1935. (Chapter 233 of the Laws of 1998, A 5615 Pheffer)

III. SPECIAL RECOGNITION

A. Conspicuous Service Star

This measure creates a new military medal, the "Conspicuous Service Star" to honor New York State veterans who have earned a federal unit citation. It will be given to a member of a military unit that distinguished itself under extraordinary circumstances in time of war. (Chapter 184 of the Laws of 1998, A. 9130-A Schimminger)

B. Displaying the POW/MIA Flag

This law encourages municipalities outside the County of New York to display the POW/MIA flag when the American flag is flown outside the building which houses the municipalities' legislative body. (Chapter 89 of the Laws of 1998, A. 9909 Tocci)

C. POW/MIA Memorial Highway

Chapter 627 of the Laws of 1997 designated both Route 278 (Staten Island Expressway) and Route 440 (West Shore Expressway) as the POW/MIA Memorial Highway. However, the Department of Transportation cited that by designating two roadways that are not collinear with the same name may confuse motorists and may lead to an unsafe driving situation. This law seeks to remedy this by removing Route 440 from the designation know as the POW/MIA Memorial Highway. (Chapter 97 of the Laws of 1998, A. 9194 Connelly)

IV. BUDGET HIGHLIGHTS

A. The Division of Veterans' Affairs

1. Veterans' Counseling

The Division of Veterans' Affairs (DVA) operates four principal programs. The largest provides veterans counseling and claims services. A statewide network of approximately 60 state veterans counselors, all of whom are veterans, and support staff review eligibility and help veterans complete applications for benefits and services, obtain necessary documentation and file for federal, State and local veterans' benefits. Counselors also serve constituents through outreach to Veterans Affairs Medical Centers, senior centers, State veterans' homes and local nursing homes, public assistance offices and correctional facilities.

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.

$50,000 was appropriated for this training program.

2. New York State Vietnam Veterans' Memorial

Legislation was enacted in 1981 to establish the New York State Vietnam Veterans' Memorial. In 1984 it was dedicated as a "living memorial" that commemorates the military services of New York State residents in Vietnam and other parts of Southeast Asia between 1961 and 1975.

In 1995, Governor Pataki transferred the operation of the Memorial from the Office of General Services to the New York State Division of Veterans' Affairs. The Director of DVA reestablished the assignment of a state veterans counselor on the concourse level of the Empire State Plaza in 1996. The site is adjacent to the main gallery.

The adopted Budget appropriated $15,000 for expenses to support the Memorial.

3. Blind Veterans Annuity Assistance

Visually-impaired veterans in New York State are eligible for a $500 annuity that is administered by the New York State Division of Veterans' Affairs. This benefit is paid in monthly installments. Its origins can be traced back to the post-World War I period. This benefit was extended to certain surviving spouses (e.g. those married to the blind veteran prior to March 15, 1936, and living within New York State).

The Budget appropriated $1,200,000 to this program.

4. Veterans' Education Program

The Veterans' Education Program was previously under the jurisdiction of the Department of Education. In October of 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 code, no veteran can receive G.I. educational benefits, such as the Montgomery GI Bill, unless the program in which the veteran is enrolled has been approved and is supervised by a state approving agency. 11 personnel were transferred to DVA to operate the program.

The adopted Budget included a $1,713,400 federal operating grant to operate the program.

B. County and City Veterans Service Agencies

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

In the budget for SFY 1998-99, $575,000 was allocated for this program.

C. New York State World War II Memorial

Chapter 263 of the Laws of 1998 directed the Commissioner of the Office of General Services to erect a monument for World War II veterans in the Empire State Plaza or Capitol Park in the City of Albany.

In the 1998-99 Budget, $100,000 was added by the Legislature for this project.

D. Recruitment Incentive and Incentive Program

Chapter 268 of the Laws of 1996 established the Recruitment Incentive and Retention Program to provide certain 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 adopted budget, $1.6 million was included for this vital program.

E. New York Guard

The New York Guard is organized in cadre form to provide a reserve force of the organized militia for the purpose of replacing the New York Army National Guard in the event the latter is ordered into active federal service.

The New York Guard force consists of a Command Headquarters in Troy, four Brigades, eight Regiments, 17 Battalions and three Internal Security Companies.

The Legislature added $125,000 for this force.

F. Putnam County Retirement Home for Veterans

A once-notorious Putnam County boarding house will be converted into New York State's first retirement home for veterans. The proposed retirement home would accommodate 12 to 15 elderly veterans of limited resources. The group could be a mix of single men and women, and husbands and wives. The veterans would live independently in a communal-type setting in a county-owned house on Drew Lane in Carmel. The Putnam County Office of Veterans Affairs would operate the facility.

The Legislature added $265,000 for this unique project.

V. BUDGET VETOES

Governor George E. Pataki vetoed more than $760 million in new spending and $840 million in bonding that was added by the New York State Legislature. Among those affected by the vetoes were the veterans community.

A. The Division of Veterans' Affairs

1. Automation Project

A project to automate storage and ease access to veterans' discharge records was vetoed by Governor Pataki. This project would have provided a valuable service to veterans across New York State. The automation would have put the Department of Defense's military discharge papers (DD-214) on microfilm in one central location. Currently, DD-214 forms are received by the Division of Veterans' Affairs headquarters in Albany, sent to the Newburgh office for sorting, and then sent back to the regional office serving the area where the veteran lives. The Division receives approximately 1,000 DD-214 forms each week. Automating the process would have ensured that the needs of our newest veterans were met in a timely and efficient manner.

The amount vetoed was the entire $100,000 add.

2. Women Veterans Coordinator

Chapter 271 of the Laws of 1994 created, through the use of existing funds, the position of Women Veterans Coordinator within the Division of Veterans' Affairs. This position provides a link among the Division, the Federal Government and all State veterans' nursing homes and programs and services targeted to the veterans population.

The Legislature added $100,000 to services and expenses associated with the women veterans coordinator. This addition was vetoed by Governor Pataki.

3. City of Tonawanda Veterans Memorial

The City of Tonawanda requested $25,000 to construct a veterans memorial in a city park. Governor Pataki vetoed this item.

B. State University of New York Long Island Veterans Health Care Planning Council

Chapter 591 of the Laws of 1996 created a temporary veterans health care planning council for Long Island which was to examine, evaluate and make recommendations concerning the scope, quality and feasibility of health care options for veterans on Long Island. The $35,000 reappropriation money for this project was vetoed by Governor Pataki.

C. Office of Children and Family Services Veterans Homeless Assistance Program

In 1986, the Assembly initiated and secured funding for seven Veterans Homeless Assistance Programs located throughout the State.

These programs provide services such as counseling for post-traumatic stress disorder and alcohol and substance abuse. While these programs serve all veterans, the majority of the clients are Vietnam veterans.

In the SFY 1998-99 proposed Executive Budget, the Governor recommended that the financing for these programs be eliminated. The Committee, along with the Black and Puerto Rican Caucus, restored the money in the adopted budget. Governor Pataki, however, vetoed the $300,000 that was set aside for these vital programs.

VI. BILLS THAT PASSED ASSEMBLY ONLY

A. VETERANS' AFFAIRS COMMITTEE

1. Expanding Qualifications for Veterans Property Tax Exemption

This measure would allow a qualified veteran to apply for the veterans real property tax exemption within 30 days of the transfer of the 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 in cases of property being purchased after the taxable status date but before the levy of taxes or when taxes are levied and allow municipalities to opt for this method of recomputing the exemption. (A. 3545 Tonko)

2. Real Property Tax Exemption-for Certain Military Operations

This bill would add the military operations of Lebanon, Grenada and Panama under the period of war section of the alternative veterans exemption, and redefine "veteran" to mean a person who served in the "time of war."

The stipulation that for those who served in Lebanon, Grenada and Panama to be considered a veteran the person must have earned an armed forces, navy expeditionary or marine corps expeditionary medal would be retained. (A. 984 Tocci)

3. Women Veterans Coordinator

Chapter 271 of the Laws of 1994 was written and passed in order to ensure that women veterans have equal access to the Division of Veterans' Affairs facilities by requiring the appointment of a women veterans coordinator to serve as an advocate for women veterans.

This bill clarified the legislative intent of the 1994 law, required that the Women Veteran's Coordinator be a veteran and preference be given to a qualified women veteran. The bill also requires that the Women Veteran's Coordinator also be responsible for the maintenance of records and materials pertaining to the New York State Women Veterans' Memorial, and the submission of an annual report regarding the program to be included in the annual report by the Director of the Division of Veterans' Affairs to the Governor. (A. 10095-A Connelly)

4. Reviewing Veterans' Benefits

Various statutes, judicial decisions and administrative policies have been enacted to enhance employment opportunities for veterans in the State of New York. These various benefits offered to veterans have deteriorated through the years and are in need of serious review.

The purpose of this bill is to create a temporary state commission on veterans employment within the Department of Civil Service. (A. 1913-A Tocci)

5. Job Protections for Privately Employed Members of the Military

The Federal Government ensures protection for military service personnel who are called to duty and must leave a private sector. New York State provides job loss protection for public employees who are called to reserve military or National Guard duty, No protection, however, statutorily protects those individuals who leave a private sector job to serve in a reserve or National Guard capacity.

This bill provides private sector employees who were called to active duty as members of the organized militia or reserve forces or reserve components of the United States Armed Forces with the same job loss protection as is currently provided to public employees. (A. 10083 Tocci)

6. Displaying the POW/MIA Flag at State Parks and Historic Sites

This bill would add to the list of general functions, powers and duties of the Commissioner of Parks and Recreation, the ability to provide for the display of the POW/MIA flag wherever the flag of the United States is on display at New York State parks, historic sites and recreational facilities. (A. 10272-A DiNapoli)

7. Extend Memorial and Veteran's Day Off to Certain Public Employees

Current law allows employees of the State and any subsidiary who are veterans who served during a time of war to receive both Memorial Day and Veteran's Day off without reduction in vacation accrual or other benefits.

This measure would extend this privilege to those who are employed by public benefit corporations and public authorities. (A. 10901 Tocci)

8. Distinctive License Plate for Catholic War Veterans

The purpose of this bill is to authorize the creation of a license plate for veterans who are members of the Catholic War Veterans. An additional annual service charge of $15.00 would be added on to the cost of such plate. (A. 5938 D. Butler)

9. Distinctive License Plate for United States Naval Armed Guard Veterans

The purpose of this bill is to authorize the creation of a license plate for veterans who earned an honorable discharge and who served in the United States Naval Armed Guard. There would be no annual service charge for these plates. (A. 8504 Morelle)

B. OTHER COMMITTEES

1. Governmental Employees Committee Date For Membership in Retirement System

This measure would allow any person who was in the military when his or her name was reached for certification on an open competitive list to have the same date of membership in the retirement system as any eligible person who was lower on that open competition list. (A. 9538 Harenberg)

2. Ways and Means Income Tax Check-Off for State Veterans' Homes

The bill would permit New York State taxpayers to voluntarily contribute a portion of their state tax refund to finance the operation of the State's veterans' homes. They are: the New York State Home for Veterans at Oxford, Long Island State Veterans Home, New York State Home for Veterans in the City of New York (Queens), and the New York State Home for Veterans in Western New York (Batavia). (A. 2889 Harenberg)

VII. LAWS ENACTED BY OTHER COMMITTEES

A. Energy Committee--Lower Energy Rate for Veterans Posts

This law amends Section 76 of the Public Service Law to require that "veterans organizations" be charged no higher rate for electric and/or gas service than a residential customer in the same village, town or municipality. It also would prohibit utility companies from recovering lost revenues from other customers. (Chapter 82 of the Laws of 1998, A. 422 Gunther)

B. Cities Committee--Protecting Veterans Vending Rights

The bill protects the rights of disabled veteran vendors to vend wares on the streets of New York City under certain agreed upon restrictions. (Chapter 227 of the Laws of 1998, A. 9873-E Sanders)

C. Governmental Employees Committee--Veterans Buyback

The purpose of this measure is to allow members of the public retirement systems to receive credit for military service performed during a time of war. In order to receive the credit an eligible member will have to pay into the pension accumulation fund an amount determined by the comptroller. A member may receive no more than three years of credit. (Chapter 644 of the Laws of 1998, A. 10780-B Tocci).

D. Health Committee

1. Clarifying Veterans In State Nursing Homes as Residents

This legislation makes a technical correction to change the description of veterans in New York State veterans nursing homes from inmates to residents. (Chapter 541 of the Laws of 1998, A.10023-A Sweeney)

2. Allowing Discharge Papers As Proof of Immunization

This bill would provide that post-secondary students required to have evidence of immunization may temporary satisfy such requirement by presenting proof of honorable discharge from the armed services pending receipt of their actual immunization records. (Chapter 542 of the Laws of 1998, A.11185-A Gunther)

E. Governmental Operations Committee--New York Naval Militia Expansion

This measure adds members of the United States Coast Guard Reservists to the jurisdiction of the New York Naval Militia. The commander of the New York Naval Militia entered into a memorandum of understanding with the United States Naval Reserve and the United States Marine Corps Reserve. This statue places the MOU into state law. (Chapter 157 of the Laws of 1998, A. 5912-A Tocci)

F. Racing and Wagering Committee

1. Reducing Raffle Regulations

This bill makes amendments to Article 9-A of the General Municipal Law, as amended by Chapter 550 of the Laws of 1994, to reduce regulatory and legal requirements on groups that conduct raffles. (Chapter 252 of the Laws of 1998, A. 10079-A Robach)

2. Reforming Games of Chance and Bingo Regulations

Laws were enacted as part of the 1996 Article 7 Budget Bill to regulate the manufacture, distribution and sale of bell jar tickets. In addition, at the same time, a new division known as the Charitable Gaming and Enforcement Unit was created within the Board of Racing and Wagering to oversee and license such activities.

This measure is designed to address several concerns which have arisen since the original enactment of the comprehensive reform bill passed in 1996. The bill will accomplish several goals including the relaxation of stringent size and coded information requirements relating to the flare and bar codes on bell jar tickets, the authorization of several new products, authorization for not-for-profit and charitable organizations to lease equipment and authorization for licensed organizations to deduct the cost of the bell jar deals from net proceeds to be used when calculating the fee to be remitted to the board. (Chapter 337 of the Laws of 1998, A. 10893-B Crowley)

G. Ways and Means Committee--Granting Tax Exemption to Merchant Marine Organizations

This bill clarifies the tax law to ensure merchant marine organizations can enjoy the same tax exempt status granted to other veterans organizations. (Chapter 408 of the Laws of 1998, A. 9324-A DiNapoli)

H. Real Property Tax Committee--Clarification of the Real Property Tax Law

This measure makes a series of amendments, primarily technical in nature to the Real Property Tax Law to improve real property administration and to clarify several laws. Among the laws affected was Chapter 178 of the Laws of 1997.

Veterans who receive the eligible funds exemption are able to maintain their percentage level of exemption when the assessing unit does a revaluation. However, if a veteran receives additional eligible funds after the revaluation, the veteran only gets a dollar for dollar reduction in their assessment for the new funds. Chapter 178 allowed municipalities to recompute the percentage of their eligible funds exemption to include new money received. This will also, in effect, include the new funds in the pro-rata computation.

In the 1997 law there was redundant language which was confusing and unnecessary. This bill deleted such wording. (Chapter 488 of the Laws of 1998, A. 10382 Espaillat)

VIII. HONORING VETERANS THROUGH LEGISLATIVE RESOLUTIONS

A. U.S. Marine Corps League-75th Anniversary

This resolution commemorates the 75th anniversary of the Marine Corps League. Marine Corps League members know a special bond of comradeship unique to those who have worn the Emblem. The members look for one another and assist the widows and orphans of their Marines. The League performs its most important service on the local level through programs of benefit to the communities that the detachments are located and the surrounding areas. (AL 2566, Tocci)

B. The Congressional Medal of Honor Society

This resolution commemorates The Congressional Medal of Honor Society. Among the objectives of the Society are to promote allegiance to the United States government and to its Constitution, to serve our nation in peace or war, to promote and perpetuate the principles upon which our nation is founded, to foster patriotism and to inspire and stimulate our youth to become worthy citizens of our country. (AL 2287, Tocci)

C. Vietnam Veterans of America-20th Anniversary

Vietnam Veterans of America (VVA) is the only Congressional charted national service organization exclusively dedicated to Vietnam-era veterans and their families. This resolutions commends them on their record of achievement as a profile in tenacity and effectiveness. (AL 1777, Tocci)

D. Berlin Airlift

After World War II, Berlin was an island city in the Russian zone occupied Germany. A four-power agreement guaranteed access to it from the three western Allied zones of Germany,including three, 20 mile-wide air corridors. On 24 June 1948, the Soviet Union began hampering surface traffic to the western sectors of Berlin, a complete shutdown of roads, rails, and waterways. The United States acted swiftly, on 26 June 1948 the United States Air Force was directed to use all available transport to airlift 80 tons of food and medicine to West Berlin from Wiesbaden and the operation began. Altogether at the end in 1949, 2,325,000 tons of supplies had been airlifted to West Berlin in 277,596 flights. This resolution honors those veterans who participated in the operation of humanity, known as the Berlin Airlift. (AL 2610, Feldman)

E. AMVETS

American Veterans of World War II, Korea and Vietnam (AMVETS) is a nonprofit organization dedicated to the well being of all veterans and their survivors, the fostering of patriotism, and the sponsorship of programs for community betterment. On 23 July 1947 President Harry S. Truman signed into law Public Law 212 granting AMVETS all the provisions, privileges and prerogatives attendant to other national veterans organizations. This resolution commends those veterans who are members of the AMVETS organization for their dedicated service to their Nation and community. (AL 2565, Tocci)

F. Spanish-American War-100th Anniversary

The Spanish-American War lead to the independence of Cuba and the realignment of other Caribbean and Pacific issues involving the Spanish colonies in the Caribbean Sea and the Pacific Ocean. This resolution commemorates the 100th Anniversary of this important event in our history. (AL 2572, Tonko)

G. Display of U.S. Flag on Schoolhouses-100th Anniversary

April 28, 1998 was the 100th Anniversary of the New York State statute which provides for the "display of the United States Flag on the schoolhouses of the State, in connection with the public schools and to encourage patriotic exercises in such schools." This important centennial milestone has been recognized by the passage of this resolution. (AL 1815, Weisenberg)

H. Four Chaplains Day

This resolution memorializes the Governor to proclaim February third of each year as "Four Chaplains Day" in New York State. February 3, 1943 the sinking of the United States Army transport Dorchester occurred and resulted in the loss of nearly 700 lives. Witnesses to this tragedy have recounted in the Congressional Record the heroism of four chaplains of different faiths, Lt. George L. Fox, Methodist; Lt. Alexander D. Goode, Jewish; Lt. John P. Washington, Catholic; and Lt. Clark V. Poling, Dutch Reformed. Each of the Four Chaplains were awarded the Purple Heart and the Distinguished Service Cross posthumously. These four chaplains removed their own life jackets and gave them to others to save lives and were last seen arm-in-arm in prayer on the hull of the ship demonstrating a unique ecumenical spirit and love of their fellow man and should never be forgotten. (AL 1814, Vitaliano)

I. Executive Order No. 9981

On July 26, 1948, President Harry S. Truman signed Executive Order 9981 which declared a policy that there would be equality of treatment and opportunity for all persons in the armed services without regard to race, color, religion or national origin. This resolution commemorates this important event in history. (AL 2402, Destito)

J. Fly Flag On Pearl Harbor Day

All New Yorker residents are urged in this resolution to fly the American Flag on the 7 December of each year, known as Pearl Harbor Day. December 7 has been designated a day of commemoration in Section 168-a of the New York State Executive Law. President Franklin Roosevelt said on that fateful day in 1941 that it will be a day of infamy. (AL 2628, Pheffer)

K. Military Longevity Retirement Pay and Service Connecte Disability Compensation

This resolution was adopted calling upon the New York State Congressional delegation to amend the United States Code relating to the computation of retired pay to permit full concurrent receipt of military longevity retirement pay and service-connected disability compensation benefits. Currently disabled veterans receive compensation proportionate to the severity of their injuries, and military retirees, who have served at least 20 years, accrue retirement pay based on longevity. Federal legislation has been introduced to amend Title 38 U.S. Code to eliminate an antiquated inequity which still exists in the federal law applicable to retirement career service personnel who also receive service-connected disability benefits. (AL 1954, Rules Tocci)

L. U.S. Navy Submarine Service-Urging A U.S. Postal Stamp

The year 2000 marks the 100th Anniversary of the United States Navy's Submarine Service. This resolution, on behalf of the New York members of the United States Submarine Veterans, Inc., urges the United States Postal Service issue a commemorative stamp honoring the 100th anniversary of the United States Navy's Submarine Service. It would honor the United States Submarine Service for its steadfast dedication to the defense of our country and to give it and those New Yorkers who served and are now serving on board U.S. Submarines, and those veterans who gave their lives, their due recognition. (AL 2614, Rules Tocci)

IX. OTHER ACTIVITIES BY THE COMMITTEE

A. Subcommittee on Women Veterans

The Subcommittee on Women Veterans observed the 50th anniversary of women's incorporation as full members of the armed forces by sponsoring Women Veterans Recognition Day in the Assembly. The event included words of welcome by Speaker Sheldon Silver, the invocation given by Reverend Kathleen LaRocque, a veteran of the Women's Army Corps, Schoharie New York American Legion Post 1261 Color Guard and introduction of veterans from around New York State. A resolution commemorating the day that President Harry S. Truman signed into law the Women's Armed Forces Service Act of 1948 (P.L. 625-80th Congress) was adopted. This law ensured that women would have a permanent place in the Army, Navy, Air Force, Coast Guard and Marine Corps. (AL 2415, Rules Destito)

Memorabilia from the New York State Nurses Association, the Harry S. Truman Presidential Library and various individual veterans were on display in the Well of the Legislative Office Building during the day long tribute. The formal part of the LOB program included comments from Joan Furey, the director for Center on Women Veterans; Cynthia Falzone, New York State Women Veterans Coordinator, and an official from the Stratton VA Medical Center.

B. Plaque Dedication and Remembrance Ceremony of the United States Naval Armed Guard

On 9 June 1998 outside the New York State Vietnam Veterans Memorial, a plaque and remembrance ceremony for the 1,810 Naval Armed Guards who gave the ultimate sacrifice in the performance of their duties took place. Members of the Naval Armed Guard were assigned gunners, signalmen, radiomen and boatswain's mates, defined merchant ships from air and submarine attack to assure safe delivery of materials and resources critical to the war effort during the Second World War. The Naval Armed Guard was one of lesser known Navy operations during World War II, those who served faced perilous situations and history has shown this group of veterans have suffered casualties far out of proportion to its size and the size of the Navy as a whole throughout all the seas of the world. Besides the dedication and remembrance ceremony, a resolution was adopted to commend these brave veterans and the event. (AL 2292, Tocci)

C. Update on New York State Veterans Nursing Home in Montrose

Chapter 264 of the Laws of 1995 authorized the State's commitment for establishing, financing and construction of a veterans nursing home in the lower Hudson Valley (Montrose, Westchester County) and set forth admission criteria for veterans and certain spouses. It will be financed through a federal construction grant from the United States Department of Veterans Affairs (VA) and $12.9 million dollars in bonds to be sold by the State Dormitory Authority. The VA has approved this project with the release of $10.9 million out of the $27.6 million total grant the State will be receiving for this project. Groundbreaking is tentatively scheduled for Spring of 1999, with completion of the project 16-18 months after that event.

X. OUTLOOK FOR 1999

The Assembly Standing Committee on Veterans' Affairs is looking forward to a productive year in 1999. The Committee will continue to work with the Division of Veterans' Affairs, other State agencies, veterans organizations and individual veterans throughout New York State to develop programs and services designed to assist the veterans of this state.

The issues that the Committee will pursue include:

educational benefits for veterans;

real property tax exemptions for veterans;

outreach to women veterans;

outreach to older veterans;

long-term health care needs of veterans;

homelessness; and

services for alcohol and substance abuse and post-traumatic stress disorder.

The Committee will continue to strive to uphold its responsibility by addressing the needs and concerns of New York State's approximately 1.5 million veterans and their families.

APPENDIX A

1998 SUMMARY OF ACTION ON ALL BILLS REFERRED TO
the Assembly Committee on Veterans

APPENDIX B

LIST OF BILLS WHICH BECAME LAW

Bill No.	Sponsor	Chapter	Description
A. 9909	Tocci	89	Encourages the display of the POW/MIA flag at county legislative buildings.
A. 9195	Connelly	97	Removes a portion of the state highway known as POW/MIA Memorial Highway
A. 9759	Tocci	98	Extends the filing of Agent Orange suits to June 16, 2000.
A.9130-A	Schimminger	184	Creates the "Conspicuous Service Star" medal.
A. 5615	Pheffer	233	Expands the eligibility of the Blind Veterans Annuity to include unremarried surviving spouse.
A. 5661	McEneny	263	Authorizes the World War II Memorial, City of Albany
A. 11057	Harenberg	433	Eliminates the requirement that a disabled veteran has to reapply for the alternative veterans real property tax exemption.
A. 9208	Connelly	515	Extends the VVTAP to September 1, 2000/