Bill Text: NY A08914 | 2023-2024 | General Assembly | Amended
Bill Title: Expands the definition of veteran to include members of the commissioned corps of the NOAA and the commissioned corps of the public health service; expands access to certain benefits to those who served in the commissioned corps of the NOAA and the commissioned corps of the public health service.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Engrossed) 2024-05-30 - REFERRED TO VETERANS, HOMELAND SECURITY AND MILITARY AFFAIRS [A08914 Detail]
Download: New_York-2023-A08914-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 8914--A IN ASSEMBLY January 26, 2024 ___________ Introduced by M. of A. JEAN-PIERRE -- read once and referred to the Committee on Veterans' Affairs -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the economic development law, the public officers law and the military law, in relation to expanding the definition of veteran to include members of the commissioned corps of the national oceanic and atmospheric administration and the commissioned corps of the public health service The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivision 6 of section 210 of the economic development 2 law, as amended by section 33 of part PP of chapter 56 of the laws of 3 2022, is amended to read as follows: 4 6. "Veteran" shall mean a person who served in the United States army, 5 navy, air force, marines, coast guard, the commissioned corps of the 6 national oceanic and atmospheric administration, the commissioned corps 7 of the public health service, and/or reserves thereof, and/or in the 8 army national guard, air national guard, New York guard and/or the New 9 York naval militia and who (a) has received an honorable or general 10 discharge from such service, or (b) has a qualifying condition, as 11 defined in section one of the veterans' services law, and has received a 12 discharge other than bad conduct or dishonorable from such service, or 13 (c) is a discharged LGBT veteran, as defined in section one of the 14 veterans' services law, and has received a discharge other than bad 15 conduct or dishonorable from such service. 16 § 2. Section 63 of the public officers law, as amended by section 80 17 of part PP of chapter 56 of the laws of 2022, is amended to read as 18 follows: 19 § 63. Leave of absence for veterans on Memorial day and Veterans' day. 20 It shall be the duty of the head of every public department and of every 21 court of the state of New York, of every superintendent or foreman on 22 the public works of said state, of the county officers of the several 23 counties of said state, of the town officers of the various towns in 24 this state, of the fire district officers of the various fire districts EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD06757-09-4A. 8914--A 2 1 in this state, and of the head of every department, bureau and office in 2 the government of the various cities and villages in this state, and the 3 officers of any public benefit corporation or any public authority of 4 this state, or of any public benefit corporation or public authority of 5 any county or subdivision of this state, to give leave of absence with 6 pay for twenty-four hours on the day prescribed by law as a public holi- 7 day for the observance of Memorial day and on the eleventh day of Novem- 8 ber, known as Veterans' day, to every person in the service of the 9 state, the county, the town, the fire district, the city or village, the 10 public benefit corporation or public authority of this state, or any 11 public benefit corporation or public authority of any county or subdivi- 12 sion of this state, as the case may be, (i) who served on active duty in 13 the armed forces of the United States during world war I or world war 14 II, or who was employed by the War Shipping Administration or Office of 15 Defense Transportation or their agents as a merchant seaman documented 16 by the United States Coast Guard or Department of Commerce, or as a 17 civil servant employed by the United States Army Transport Service 18 (later redesignated as the United States Army Transportation Corps, 19 Water Division) or the Naval Transportation Service; and who served 20 satisfactorily as a crew member during the period of armed conflict, 21 December seventh, nineteen hundred forty-one, to August fifteenth, nine- 22 teen hundred forty-five, aboard merchant vessels in oceangoing, i.e., 23 foreign, intercoastal, or coastwise service as such terms are defined 24 under federal law (46 USCA 10301 & 10501) and further to include "near 25 foreign" voyages between the United States and Canada, Mexico, or the 26 West Indies via ocean routes, or public vessels in oceangoing service or 27 foreign waters and who has received a Certificate of Release or 28 Discharge from Active Duty and a discharge certificate, or an Honorable 29 Service Certificate/Report of Casualty, from the Department of Defense, 30 or who served as a United States civilian employed by the American Field 31 Service and served overseas under United States Armies and United States 32 Army Groups in world war II during the period of armed conflict, Decem- 33 ber seventh, nineteen hundred forty-one through May eighth, nineteen 34 hundred forty-five, and who (a) was discharged or released therefrom 35 under honorable conditions, or (b) has a qualifying condition, as 36 defined in section one of the veterans' services law, and has received a 37 discharge other than bad conduct or dishonorable from such service, or 38 (c) is a discharged LGBT veteran, as defined in section one of the 39 veterans' services law, and has received a discharge other than bad 40 conduct or dishonorable from such service or who served as a United 41 States civilian Flight Crew and Aviation Ground Support Employee of Pan 42 American World Airways or one of its subsidiaries or its affiliates and 43 served overseas as a result of Pan American's contract with Air Trans- 44 port Command or Naval Air Transport Service during the period of armed 45 conflict, December fourteenth, nineteen hundred forty-one through August 46 fourteenth, nineteen hundred forty-five, and who (d) was discharged or 47 released therefrom under honorable conditions, or (e) has a qualifying 48 condition, as defined in section one of the veterans' services law, and 49 has received a discharge other than bad conduct or dishonorable from 50 such service, or (f) is a discharged LGBT veteran, as defined in section 51 one of the veterans' services law, and has received a discharge other 52 than bad conduct or dishonorable from such service or during the period 53 of the Korean conflict at any time between the dates of June twenty-sev- 54 enth, nineteen hundred fifty and January thirty-first, nineteen hundred 55 fifty-five, or during the period of the Vietnam conflict from the first 56 day of November, nineteen hundred fifty-five to the seventh day of May,A. 8914--A 3 1 nineteen hundred seventy-five, or (ii) who served on active duty in the 2 armed forces of the United States and who was a recipient of the armed 3 forces expeditionary medal, navy expeditionary medal or marine corps 4 expeditionary medal for participation in operations in Lebanon from June 5 first, nineteen hundred eighty-three to December first, nineteen hundred 6 eighty-seven, in Grenada from October twenty-third, nineteen hundred 7 eighty-three to November twenty-first, nineteen hundred eighty-three, or 8 in Panama from December twentieth, nineteen hundred eighty-nine to Janu- 9 ary thirty-first, nineteen hundred ninety, or (iii) who served in the 10 armed forces of a foreign country allied with the United States during 11 world war I or world war II, or during the period of the Korean conflict 12 at any time between June twenty-seventh, nineteen hundred fifty and 13 January thirty-first, nineteen hundred fifty-five, or during the period 14 of the Vietnam conflict from the first day of November, nineteen hundred 15 fifty-five to the seventh day of May, nineteen hundred seventy-five, or 16 during the period of the Persian Gulf conflict from the second day of 17 August, nineteen hundred ninety to the end of such conflict, or (iv) who 18 served on active duty in the army or navy or marine corps or air force 19 or coast guard or the commissioned corps of the national oceanic and 20 atmospheric administration or the commissioned corps of the public 21 health service of the United States, and who (a) was honorably 22 discharged or separated from such service under honorable conditions, or 23 (b) has a qualifying condition, as defined in section one of the veter- 24 ans' services law, and has received a discharge other than bad conduct 25 or dishonorable from such service, or (c) is a discharged LGBT veteran, 26 as defined in section one of the veterans' services law, and has 27 received a discharge other than bad conduct or dishonorable from such 28 service except where such action would endanger the public safety or the 29 safety or health of persons cared for by the state, in which event such 30 persons shall be entitled to leave of absence with pay on another day in 31 lieu thereof. All such persons who are compensated on a per diem, hour- 32 ly, semi-monthly or monthly basis, with or without maintenance, shall 33 also be entitled to leave of absence with pay under the provisions of 34 this section and no deduction in vacation allowance or budgetary allow- 35 able number of working days shall be made in lieu thereof. A refusal to 36 give such leave of absence to one entitled thereto shall be neglect of 37 duty. 38 § 3. Paragraph (b) of subdivision 1 of section 243 of the military 39 law, as amended by section 71 of part PP of chapter 56 of the laws of 40 2022, is amended to read as follows: 41 (b) The term "military duty" shall mean military service in the mili- 42 tary, naval, aviation or marine service of the United States subsequent 43 to July first, nineteen hundred forty, or service under the selective 44 training and service act of nineteen hundred forty, or the national 45 guard and reserve officers mobilization act of nineteen hundred forty, 46 or any other act of congress supplementary or amendatory thereto, or any 47 similar act of congress hereafter enacted and irrespective of the fact 48 that such service was entered upon following a voluntary enlistment 49 therefor or was required under one of the foregoing acts of congress, or 50 service with the United States public health service as a commissioned 51 officer, or service with the national oceanic and atmospheric adminis- 52 tration as a commissioned officer, or service with the American Red 53 Cross while with the armed forces of the United States on foreign 54 service, or service with the special services section of the armed forc- 55 es of the United States on foreign service, or service in the merchant 56 marine which shall consist of service as an officer or member of theA. 8914--A 4 1 crew on or in connection with a vessel documented under the laws of the 2 United States or a vessel owned by, chartered to, or operated by or for 3 the account or use of the government of the United States, or service by 4 one who was employed by the War Shipping Administration or Office of 5 Defense Transportation or their agents as a merchant seaman documented 6 by the United States Coast Guard or Department of Commerce, or as a 7 civil servant employed by the United States Army Transport Service 8 (later redesignated as the United States Army Transportation Corps, 9 Water Division) or the Naval Transportation Service; and who served 10 satisfactorily as a crew member during the period of armed conflict, 11 December seventh, nineteen hundred forty-one, to August fifteenth, nine- 12 teen hundred forty-five, aboard merchant vessels in oceangoing, i.e., 13 foreign, intercoastal, or coastwise service as such terms are defined 14 under federal law (46 USCA 10301 & 10501) and further to include "near 15 foreign" voyages between the United States and Canada, Mexico, or the 16 West Indies via ocean routes, or public vessels in oceangoing service or 17 foreign waters and who has received a Certificate of Release or 18 Discharge from Active Duty and a discharge certificate, or an Honorable 19 Service Certificate/Report of Casualty, from the Department of Defense, 20 or who served as a United States civilian employed by the American Field 21 Service and served overseas under United States Armies and United States 22 Army Groups in world war II during the period of armed conflict, Decem- 23 ber seventh, nineteen hundred forty-one through May eighth, nineteen 24 hundred forty-five, and who (i) was discharged or released therefrom 25 under honorable conditions, or (ii) has a qualifying condition, as 26 defined in section one of the veterans' services law, and has received a 27 discharge other than bad conduct or dishonorable from such service, or 28 (iii) is a discharged LGBT veteran, as defined in section one of the 29 veterans' services law, and has received a discharge other than bad 30 conduct or dishonorable from such service, or who served as a United 31 States civilian Flight Crew and Aviation Ground Support Employee of Pan 32 American World Airways or one of its subsidiaries or its affiliates and 33 served overseas as a result of Pan American's contract with Air Trans- 34 port Command or Naval Air Transport Service during the period of armed 35 conflict, December fourteenth, nineteen hundred forty-one through August 36 fourteenth, nineteen hundred forty-five, and who (iv) was discharged or 37 released therefrom under honorable conditions, or (v) has a qualifying 38 condition, as defined in section one of the veterans' services law, and 39 has received a discharge other than bad conduct or dishonorable from 40 such service, or (vi) is a discharged LGBT veteran, as defined in 41 section one of the veterans' services law, and has received a discharge 42 other than bad conduct or dishonorable from such service; or service in 43 police duty on behalf of the United States government in a foreign coun- 44 try, if such person is a police officer, as defined by section 1.20 of 45 the criminal procedure law, and if such police officer obtained the 46 prior consent of his or her public employer to absent himself or herself 47 from his or her position to engage in the performance of such service; 48 or as an enrollee in the United States maritime service on active duty 49 and, to such extent as may be prescribed by or under the laws of the 50 United States, any period awaiting assignment to such service and any 51 period of education or training for such service in any school or insti- 52 tution under the jurisdiction of the United States government, but shall 53 not include temporary and intermittent gratuitous service in any reserve 54 or auxiliary force. It shall include time spent in reporting for and 55 returning from military duty and shall be deemed to commence when the 56 public employee leaves his or her position and to end when he or she isA. 8914--A 5 1 reinstated to his or her position, provided such reinstatement is within 2 ninety days after the termination of military duty, as hereinafter 3 defined. Notwithstanding the foregoing provisions of this paragraph, the 4 term "military duty" shall not include any of the foregoing services 5 entered upon voluntarily on or after January first, nineteen hundred 6 forty-seven and before June twenty-fifth, nineteen hundred fifty; and, 7 on or after July first, nineteen hundred seventy, the term "military 8 duty" shall not include any voluntary service in excess of four years 9 performed after that date, or the total of any voluntary services, addi- 10 tional or otherwise, in excess of four years performed after that date, 11 shall not exceed five years, if the service in excess of four years is 12 at the request and for the convenience of the federal government, except 13 if such voluntary service is performed during a period of war, or 14 national emergency declared by the president. 15 § 4. This act shall take effect on the first of April next succeeding 16 the date on which it shall have become a law.
