NEW YORK STATE ASSEMBLY

1997 ANNUAL REPORT

Committee on
Veterans Affairs

Sheldon Silver
Speaker

Ronald C. Tocci
Chairman

RONALD TOCCI. 85th Assembly District

THE ASSEMBLY STATE OF NEW YORK ALBANY

CHAIRMAN 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 1997

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 1997 Annual Report of the Assembly Standing Committee on Veterans' Affairs.

This was an active year for the Committee. It can be especially proud of its accomplishment in enacting legislation to provide the veterans real property tax exemption to veterans living in cooperative apartments. Other important measures include excluding veterans disability benefits from the definition of income for the senior citizen real property tax exemption and allowing bona fide veterans organizations to decide how to spend money earned from bingo and games of chance.

Due to the Committee's work, a constitutional amendment to allow a member of the armed forces to take civil service exams and receive the extra credit which veterans receive, as long as the member meets all the qualifications, was on the ballot this past November. Voters supported the measure Statewide.

We look forward to the 1998 Legislative Session. Among the issues that the Committee will review are real property taxation issues for surviving spouses, continued outreach to women veterans, measures to meet the health care needs of veterans, as well as our continued effort to establish 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

1997 ANNUAL REPORT
NEW YORK STATE ASSEMBLY
STANDING COMMITTEE ON VETERANS' AFFAIRS
Honorable Ronald C. Tocci
Chairman

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. 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: Executive Law, Real Property Tax Law, Education Law, Military Law, Retirement and Social Security Law and Civil Service 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 six meetings and considered 83 bills. Nine of these bills were passed by both houses of the Legislature. Eight were enacted into law. The Committee was represented at the American Legion's 79th State Convention in Syracuse, and the Vietnam Veterans of America's 8th National Convention in Kansas City, Missouri, by Chairman Tocci.

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 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 another standing committee or conduct joint public hearings with other committees.

II. 1997 LEGISLATIVE HIGHLIGHTS

A. 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 their 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 times 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 (Section 458 Real Property Tax Law) and the percentage-of-exemption value "alternative" category (Section 458-A RPTL).

The "eligible funds" exemption provides for a partial exemption where property owned by a veteran or certain other persons designated in the law (his or her spouse, unremarried surviving spouse, dependent father or mother, or children under twenty-one years of age) has been purchased with pension, bonus, or insurance monies, referred to as "eligible funds."

This exemption generally has a $5,000 maximum reduction of the property's assessed value. It is applicable to general municipal taxes but not school taxes or special district taxes. Property is exempt to the extent that eligible funds are used in the purchase.

In cases where a veteran receives additional eligible funds, the veteran only gets a dollar for dollar reduction in the assessment for their new funds. A measure to allow taxing jurisdictions to recompute the percentage of the veteran's eligible funds to include the new money received was enacted this year.

1. Additional Eligible Funds
Chapter 178 of the Laws of 1997 (A.969, Schimminger)

This legislation provides for the recomputation of veterans' ratio exemption for a veteran receiving additional eligible funds, if a locality enacts a local provision.

Currently, 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. This bill allows 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.

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 alterative 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 exemption or passing a local law to use either of two sets of lower exemption levels.

Last year, Chapter 477 of the Laws of 1996 allowed municipalities to adopt a local law to increase the limits imposed under Section 458-a of the Real Property Tax Law. Part of the chapter included the elimination of the equalization rate floor. As a result, certain veterans have seen a drastic one-year reduction in the value of their alternative veterans tax exemption. A measure to grant municipalities the flexibility to address the inequities caused by last year's chapter was adopted.

2. Increase Alternative Exemption
Chapter 417 of the Laws of 1997 (A.8417, Robach)

This bill authorizes municipalities that offer the alternative veterans real property tax exemption to adopt a local law to increase the limits imposed under Section 458-a of the Real Property Tax Law. The bill creates three new sets of higher exemptions. Each set has a category for War Veteran, Combat Zone Veteran and Disabled Veteran. The entire set must be enacted together by the municipality. These higher levels are: $21,000; $14,000 and $70,000; $24,000, $16,000 and $80,000 or $27,000, $28,000 and $90,000. It also creates a new set for New York City only to adopt $45,000; $30,000 and $150,000.

The measure also allows, for the year 1997 only, the exemption to be calculated by using the latest class ratio for the 1985 assessment roll in New York City only. There is also a section in the law that allows municipalities which by January 1, 1998 adopt a local law to set the higher levels to have a provision in such local law to apply these rates to the 1997 assessment roll. This will allow those municipalities to recompute the exemptions. If the collecting officer receives notification of the change prior to the taxes being paid, the collector could adjust the tax liability for the veteran. If notification is received after the taxes have been paid, the collector could refund the over-taxed amount.

Under both sections of the Real Property Tax Law, if a veteran resided in a cooperative apartment, they were denied the real property tax benefit. A new measure was adopted to eliminate this disadvantage.

3. Real Property Tax Exemption for Cooperative Owners
Chapter 171 of the Laws of 1997 (A.5811, Lafayette)

This statute provides for a real property tax exemption for veterans residing in cooperative apartment buildings. Under the measure a stockholder who is a qualified veteran will be granted title to the portion of real property owned by a cooperative apartment corporation where the veteran resides and which is represented by the share or shares of stock in the cooperative corporation which he or she owns. The portion of stock to which the veteran is entitled will be determined by the proportionate relationship to the total outstanding stock of the cooperative corporation, including that owned by the corporation.

The portion of the assessment owed by the cooperative apartment corporation which is attributable to the veteran stockholder will be credited against the assessed value of the cooperative building. The reduction in the real property taxes will be credited by the cooperative apartment corporation against the taxes otherwise payable or chargeable to such tenant-stockholder. Municipalities have the option to adopt a local law to implement this measure.

New York State law gives local governments and public school districts the option of granting a reduction on the amount of property taxes paid by qualifying senior citizens. This is accomplished by reducing the assessed value of residential property owned by seniors by 50%. To qualify, seniors must be 65 years of age or older and meet certain income limitations and other requirements.

4. Exclusion of Veterans Disability Income For Senior Citizens Exemption
Chapter 168 of the Laws of 1997 (A.5323-B, DiNapoli)

This measure adds veterans disability compensation to the list of the types of income excluded in the determination of the senior citizens real property tax exemption. Veterans disability compensation under Title 38 of the U.S. Code refers to the monetary benefits paid to veterans who are disabled by injury or disease incurred or aggravated during active military service. The service of the veteran must be terminated through separation or discharge under conditions that were other than dishonorable. Monetary benefits are related to the residual effects of the injury or disease. Municipalities may choose to offer this income exclusion if they hold a public hearing and adopt a local law, ordinance or resolution providing such a benefit.

B. 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 into the program.

1. VVTAP for Persian Gulf Veterans
Chapter 106 of the Laws of 1997 (A.4552, Tocci)

This bill extends the date for qualifying Persian Gulf veterans to establish eligibility in the Vietnam Veterans Tuition Program to September 1, 1998.

C. Miscellaneous

1. Bona fide Veterans Organizations and Games of Chance
Chapter 190 of the Law of 1997 (A.7936, Tocci)

The bill adds "purposes which are authorized by a bona fide organization of veterans" to the definition of allowable use of funds collected from the proceeds of games of chance and bingo. "Bona fide organization of veterans" means a group by which its charter, certificate of incorporation, constitution or Act of the Legislature has among its dominant purposes one or more lawful purposes defined under Act 9-A of the General Municipal Law, provided that the organization operates without profit to its members and has engaged in serving one or more useful purposes for a period of three years immediately prior to applying for a game of chance license.

2. Local Bill-Village of Sloan, Erie County
Chapter 313 of the Laws of 1997 (A.7813, Tokasz)

When Section 458-a of the Real Property Tax Law was originally enacted municipalities had the opportunity to opt out of offering this exemption by adopting a local law. Another provision of this Section allows those same municipalities at a later time to adopt this exemption. The statute states that the governing body of the municipality needs to enact three measures: (1) a repealer of the local law that the municipality enacted to opt out of the program; (2) a bill adopting the alternative veterans exemption; and (3) a measure that states which exemption level the municipality will use in calculating the exemption. These three steps need to be taken 90 days before the municipality's taxable status date.

The Village of Sloan's taxable status date is June 1st. On 23 April 1997, the village board adopted a measure to satisfy the appropriate steps. A problem arose because this action was taken less than 90 days before the taxable status date.

This measure legalizes, ratifies and confirms the legality of the passage of a local law enacting Section 458-a (4) of the Real Property Tax Law in the Village of Sloan, Erie County.

III. SPECIAL RECOGNITION

A. Vietnam Veterans Memorial Highway
Chapter 325 of the Laws of 1997 (A.8154, Gromack)

This bill designates Route 9W in Rockland County as the "Vietnam Veterans Memorial Highway."

B. POW/MIA Memorial Highway-Western Boundary
Chapter 561 of the Laws of 1997 (A.3807-B, Weprin)

This measure designates the portion of the state highway system beginning in Queens County at the border of Kings County on the Belt Parkway and continuing east along the Southern Parkway to the vicinity of Brookville Boulevard and then on to Sunrise Highway and continuing on Route 27 at Montauk Point in Suffolk County to be known as the "POW/MIA Memorial Highway.

IV. CONSTITUTIONAL AMENDMENT

A. Constitutional Amendment: Civil Service Exam
A.6489-A (Pretlow), Second Passage Both Houses

Section 6 of Article 5 of the State Constitution provides that members of the armed forces are eligible for additional credit on civil service exams. Qualifications are that the applicant served in the armed forces of the United States during a time of war; was honorably discharged or released under honorable circumstances; is a citizen of the United States or an alien lawfully admitted for permanent residence in the United States and is a resident of the State of New York at the time of application for appointment or promotion.

It is not clear, however, whether the member must be qualified at the time he or she takes the exam or at the time he or she accepts an appointment or promotion. If the Section is read to require that a member must be qualified at the time of the exam, members of the armed forces would not be eligible for the extra credit unless they have been discharged or released from the armed forces when they take a civil service exam.

On the other hand, Section 6 of Article 5 can be read to permit a member of the armed forces to receive the benefit of the extra credit if the member is qualified when he or she receives an appointment or promotion. This reading would permit a member of the armed forces to take an exam and receive the extra credit as long as the member satisfies all the qualifications at the time he or she accepts an appointment or promotion.

To clarify the ambiguity of this Section, a New York State Constitutional amendment has been proposed to allow a member of the armed forces to take a civil service exam and receive the extra credit while still on active duty as long as the member meets all the qualifications at the time he or she is appointed or promoted.

This amendment passed both houses in 1994. In order to go the people for a vote, the amendment would have to had to have passed both houses in 1995. It only passed the Assembly that year. This amendment passed both houses in 1996. Upon first passage by the Legislature, an amendment shall be referred to the next legislative session convening after the succeeding general election of members of the Legislature. Since this is the second passage by the Legislature, the amendment shall be submitted to the people for approval.

On Election Day, November 4, 1997, voters supported the amendment Statewide.

V. BUDGETARY HIGHLIGHTS

A. The Division of Veterans' Affairs

1. Veterans' Counseling

The Division of Veterans' Affairs (DVA) operates three 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.

The Legislature added an additional $50,000 for this training.

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 adjutant to the main gallery.

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

B. County and City Veterans Service Agencies

The Governor's proposed SFY 1997-98 Executive Budget recommended $200,000 to fund the City and County Veterans Service Agencies. These agencies are mandated by 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.

Members of the veterans community, the Committee on Veterans' Affairs and other members of the Assembly called for the full restoration of these monies. In the budget for SFY 1997-98, an additional $375,000 was added to the Governor's original proposal.

C. 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 adopted Budget appropriated $1,200,000 to this program.

D. Veterans Homeless Housing 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 1997-98 proposed Executive Budget, the Governor recommended that the financing for these programs be eliminated. The Committee, along with the Black and Puerto Rican Caucus, was successful in restoring funding for many of these programs. The programs funded were: Black Vets for Social Justice ($124,000), Albany Housing Coalition ($68,000), C.O.P.I.N. Foundation ($20,000), Saratoga RPC ($20,000), Western New York Veterans Housing Coalition ($16,000), 369th Veteran's Association ($40,000) and Bedford-Stuyvescent Community Conference Safety Task Force ($12,000).

E. New York State Women Veterans' Monument

Chapter 294 of the Laws of 1994 directed the Commissioner of the Office of General Services to erect a monument for women veterans in the Empire State Plaza or Capitol Park in the City of Albany.

In the fall of 1996 a New York State Women Veterans Memorial Advisory Committee was appointed through the Office of General Services. There are seven women veterans serving on this Committee who represent service in World War II, Korea and Vietnam. There are also representatives from both Houses of the Legislature, DVA and the Office of General Services. The goal of the Advisory Committee is to help guide OGS in the development of this monument.

This year the Advisory Committee determined a specific location for the monument. It will be located on the south side of Madison Avenue just east of the New York State Korean Veterans Memorial and west of a formal grove of trees. This site offers visibility, accessibility and ambiance. The committee determined that the memorial should be simple, tasteful, serene and provide for contemplative privacy. It will not depict any specific generation or branch of service but rather speak to the evolving history of New York women in the military and diverse roles they played.

Using the request for proposals procedure, artists were asked for conceptual design proposals for the memorial. Hy Rosen, from Glenmont, NY was chosen. Mr.Rosen is a veteran of World War II and has many commissions for sculpture and bas relief including The Gray Rider, a memorial for the New York State Police.

Chapter 184 of the Laws of 1996 created a fiduciary fund to raise private donations for the purpose of creating the New York State Women Veterans' Memorial.

In 1997-98 Budget, $150,000 was provided in general funds monies for the erecting of the memorial. This will be added to the $175,000 that was appropriated by the Legislature in the previous budget cycle (1996-97). This will allow the Women Veterans' Memorial Fund to spend $325,000 to make this monument a reality.

The groundbreaking ceremony is scheduled to occur on June 12, 1998 with formal dedication ceremonies to take place in the Fall of 1998.

F. Women In Military Service For America Memorial Foundation, Inc.

The Women In Military Service For America Memorial Foundation, Inc (WISMA) built a Memorial at the entrance to Arlington National Cemetery. It honors all servicewomen-active duty, Reserve, National Guard and veteran, living and deceased. The dedication ceremony was held in October 1997.

New York State is the home of nearly 60,000 women veterans. The prime mover for this project is Brig General Wilma L. Vaught (Ret) who has requested a donation from every state. The formula suggested is at least $1 per every women veteran who resides in the state.

In the adopted budget, $60,600 has been designated for this project.

G. Recruitment Incentive and Retention 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 million was included for this vital program.

VI. BILLS THAT PASSED ASSEMBLY ONLY

A. VETERANS' AFFAIRS COMMITTEE

1. Purchase After Taxable Status Date
A.3545, Tonko

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 incases 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.

2. Real Property Tax Exemption-Military Operations
A.984, Tocci

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.

B. OTHER COMMITTEES

1. Energy Committee
Lower Energy Rates for Veterans Posts
A.422, Gunther

This bill would amend 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.

2. Ways and Means
Income Tax Check-Off for Health Care
A. 2889, Harenberg

The measure 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)

VII. LAWS ENACTED BY OTHER COMMITTEES

A. Transportation Committee

1. "The Korean War Veterans Memorial Highway"
Chapter 73 of the Laws of 1997 (A.1306, Colman)

The portion of state highway system in the County of Rockland constituting State Route 59 shall be designated as "The Korean War Veterans Memorial Highway." Signage shall include the motto "Freedom is not free."

2. "POW-MIA Memorial Highway"
Chapter 122 of the Laws of 1997 (A.3075-A, Feldman)

That portion of the state Highway system in Kings County, beginning east of Knapp Street on the Shore Parkway in Kings County, continuing east along the Belt Parkway to the border of Queens County shall be known as the "POW-MIA Memorial Highway."

3. "POW-MIA Memorial Highway"--Staten Island
Chapter 627 of the Laws of 1997 (A.8080-A Connelly)

A portion of the state highway system located in Richmond County constituting Route 440 from Outerbridge Crossing to Route 278 (West Shore Expressway) and Route 278 from the Goethals Bridge to the Verrazano-Narrows Bridge (Staten Island Expressway) shall be designated the "POW-MIA Memorial Highway."

B. Health Committee
Cemeteries and Graves
Chapter 165 of the Laws of 1997 (A.2959, Tonko)

This measure creates the new crime of "cemetery desecration" and provides heightened penalties for multiple convictions under this crime as well as for the existing crime of "opening graves." In addition, the bill recognizes the adverse financial condition of many cemeteries by providing that no less than ten percent of any fine levied in conjunction with a conviction for "cemetery desecration" will be earmarked to the State Cemetery Vandalism Restoration and Administration Fund, which serves to provide funding to certain cemeteries for maintenance and upkeep.

C. Education Committee
Flags In Classrooms
Chapter 61 of the Laws of 1997 (A.339, Weisenberg)

This bill encourages every public school to display the American flag in each classroom of the school. The Commissioner of Education is authorized to accept donations of flags from individuals or civic organizations for distribution in school districts.

D. Local Governments Committee
82nd Airborne Division Association
Chapter 170 of the Laws of 1997 (A.5420, Robach)

This measure adds the 82nd Airborne Division Association to the list of veterans organizations which may receive monies from cities and towns to help defray the cost of renting and/or maintaining their facilities.

E. Governmental Operations Committee
Missing In Action-Conspicuous Service Cross
Chapter 580 of the Laws of 1997 (A.1807, Tocci)

The bill authorizes the presentation of the Conspicuous Service Cross to certain persons reported missing in action.

Currently, the Conspicuous Service Cross may be awarded to any New York State citizen or person who was a New York State citizen while serving on federal active duty whose entire service was honorable subsequent to the time of receipt of the citation while serving in the U.S.Army, Navy, Air Force, Marine Corps or Coast Guard, and who has received a personal decoration issued by a brigade or equivalent higher headquarters. The Conspicuous Service Cross may also be awarded to any citizen of New York State who while serving with the allied forces received a personal decoration published in an order issued by a brigade or equivalent higher headquarters. The award criteria for the Conspicuous Service Cross is based on the prior awarding of military decorations, such as the Purple Heart or Prisoner of War Medal.

VIII. RESOLUTIONS OF NOTE THAT WERE ADOPTED

A. Agent Orange Awareness Month
(AL 1080, Rules DiNapoli)

This resolution memorialized the Governor to proclaim the month of October, 1997 as "Agent Orange Awareness Month" in the State of New York. Many veterans were exposed to a substance known as "Agent Orange" which was the military code name for a herbicide the United States used in the Republic of Vietnam from 9 January 1962 through 7 May 1975, to clear the dense jungles and destroy crops. Agent Orange, considered one of the most toxic substances ever made, is a herbicide that includes artificial plant hormones and the extremely dangerous chemical known as dioxin. There have been studies linking exposure to Agent Orange to health problems, such as neurological disorders, prostate cancer, lung cancer and soft-tissue sarcoma as well as spina bifida in children. This resolution was requested by the Agent Orange Chair of the Vietnam Veterans of America New York State Council.

B. U.S. Air Force-50th Anniversary
(AL 1037, Keane)

This resolution commemorates the 50th anniversary of the U.S. Air Force. The Air Force's primary responsibility is the maintenance of the nation's air power at strength sufficient to deter potential aggressors and to provide for the United States air defense in wartime. The Department of the Air Force is descended from several earlier organizations including the Aeronautical Division of the Army Signal Corps.

C. Women's Medical Specialist Corps Anniversary
(AL 496, Destito)

This measure commemorates the 50th anniversary of the establishment of the Women's Medical Specialist Corps on April 16, 1997. The title of the Corps was changed in 1955 to the Army Medical Specialist Corps when men were authorized commissions.

D. Marshall Plan-50th Anniversary
(AL 1394, Parment)

The Marshall Plan, formally known as the European Recovery Plan, (1948-52) was a United States sponsored program designed to rehabilitate the economies of post-World War II European nations in order to create stable conditions in which democratic institutions could survive. On June 5, 1947, in an address approved by President Harry S Truman at Harvard University, Secretary of State George C. Marshall presented the plan. This resolution commemorates the 50th anniversary of the plan that played a decisive role in the reconstruction of war-torn Europe.

E. 15th Anniversary of The Wall
(AL 1371, Tocci)

1997 marks the 15th Anniversary of the Vietnam Veterans Memorial in Washington, D.C. The Memorial is a 500-foot black granite chevron-shaped wall on which is carved the names of the 58,196 Americans who were killed or are missing in Southeast Asia. Each name is marked; the confirmed dead are signified by a diamond; those missing in action, by a cross; MIA's whose remains have been positively identified have a diamond superimposed over the cross. It is known as The Wall. The resolution marks this special anniversary.

F. U.S.S. COOK, DDG 75
(AL 917, Tocci)

On May 3, 1997 at the Bath Iron Works, the USS Donald Cook was christened by the United States Navy. The missile destroyer bears the name of Medal of Honor winner, Colonel Donald G. Cook. Cook was presented the award posthumously for his courage and determination in helping his fellow POWs survive their imprisonment in Vietnam. This resolution commemorates the event held in May.

G. U.S.S. CONSTITUTION Bicentennial
(AL 1372, Vitaliano)

The oldest commissioned warship, the USS Constitution, celebrated her bicentennial by sailing for the first time in more than 116 years. According to the commanding officer of "Old Ironsides" the ship represents the values and ideals not only of the Navy, but of the nation. This resolution commemorates this famous vessel on her 200th birthday.

H. U.S.S. CAPODANNO
(AL 619, Vitaliano)

This resolution urges the U.S. Navy to designate a ship to honor Reverend Vincent R. Capodanno. For 20 years the U.S. Navy honored the memory of the Reverend Capodanno, a Maryknoll priest and Navy Chaplain from Staten Island, New York, by designating a vessel, "The U.S.S. Capodanno." In 1993 the ship was decommissioned and turned over to the Turkish Navy. The resolution encourages the U.S. Navy to name a new vessel in honor of Father Capodanno.

IX. OTHER ACTIVITIES BY THE COMMITTEE

A. Subcommittee on Women Veterans

The Subcommittee on Women Veterans observed the 49th anniversary of women's incorporation as full members of the armed forces by sponsoring Women Veterans Recognition Day in the Assembly. The event included 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 members of the New York State Women Veterans' Memorial Advisory Committee. As well, a resolution commemorating the day that President Harry S Truman signed into law the Women's Armed Forces Services 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.

B. Visitation of Veterans Administration Facilities

Veterans Administration hospitals must have facilities to accommodate women veterans. Several of these hospitals have invited the chair of the subcommittee on Women Veterans to tour their programs that specifically deal with women veterans, They include: the Syracuse VA and the Samuel S. Stratton VA Medical Center, located in Albany, New York.

X. OUTLOOK FOR 1998

The Assembly Standing Committee on Veterans' Affairs is looking forward to a productive year in 1998. 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:

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

1997 Summary of Action On All Bills Referred to
the Assembly Committee on Veterans

APPENDIX B

LIST OF BILLS WHICH BECAME LAW