Bill Text: NY A08914 | 2023-2024 | General Assembly | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
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-Introduced.html
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-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 8914 IN ASSEMBLY January 26, 2024 ___________ Introduced by M. of A. JEAN-PIERRE -- read once and referred to the Committee on Veterans' Affairs AN ACT to amend the economic development law, the public officers law, the real property tax law and the military law, in relation to expand- ing the definition of veteran to include members of the commissioned corps of the national oceanic and atmospheric administration and the United States 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 States5army, navy, air force, marines, coast guard, and/or reserves thereof,6and/or in the army national guard, air national guard, New York guard7and/or the New York naval militia] veteran as defined in section one of 8 the veterans' services law and who (a) has received an honorable or 9 general discharge from such service, or (b) has a qualifying condition, 10 as defined in section one of the veterans' services law, and has 11 received a discharge other than bad conduct or dishonorable from such 12 service, or (c) is a discharged LGBT veteran, as defined in section one 13 of the veterans' services law, and has received a discharge other than 14 bad conduct or dishonorable from such service. 15 § 2. Section 63 of the public officers law, as amended by section 80 16 of part PP of section 56 of the laws of 2022, is amended to read as 17 follows: 18 § 63. Leave of absence for veterans on Memorial day and Veterans' day. 19 It shall be the duty of the head of every public department and of every 20 court of the state of New York, of every superintendent or foreman on 21 the public works of said state, of the county officers of the several 22 counties of said state, of the town officers of the various towns in 23 this state, of the fire district officers of the various fire districts 24 in this state, and of the head of every department, bureau and office in 25 the government of the various cities and villages in this state, and the EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD06757-06-4A. 8914 2 1 officers of any public benefit corporation or any public authority of 2 this state, or of any public benefit corporation or public authority of 3 any county or subdivision of this state, to give leave of absence with 4 pay for twenty-four hours on the day prescribed by law as a public holi- 5 day for the observance of Memorial day and on the eleventh day of Novem- 6 ber, known as Veterans' day, to every person in the service of the 7 state, the county, the town, the fire district, the city or village, the 8 public benefit corporation or public authority of this state, or any 9 public benefit corporation or public authority of any county or subdivi- 10 sion of this state, as the case may be, (i) who served on active duty in 11 the armed forces of the United States during world war I or world war 12 II, or who was employed by the War Shipping Administration or Office of 13 Defense Transportation or their agents as a merchant seaman documented 14 by the United States Coast Guard or Department of Commerce, or as a 15 civil servant employed by the United States Army Transport Service 16 (later redesignated as the United States Army Transportation Corps, 17 Water Division) or the Naval Transportation Service; and who served 18 satisfactorily as a crew member during the period of armed conflict, 19 December seventh, nineteen hundred forty-one, to August fifteenth, nine- 20 teen hundred forty-five, aboard merchant vessels in oceangoing, i.e., 21 foreign, intercoastal, or coastwise service as such terms are defined 22 under federal law (46 USCA 10301 & 10501) and further to include "near 23 foreign" voyages between the United States and Canada, Mexico, or the 24 West Indies via ocean routes, or public vessels in oceangoing service or 25 foreign waters and who has received a Certificate of Release or 26 Discharge from Active Duty and a discharge certificate, or an Honorable 27 Service Certificate/Report of Casualty, from the Department of Defense, 28 or who served as a United States civilian employed by the American Field 29 Service and served overseas under United States Armies and United States 30 Army Groups in world war II during the period of armed conflict, Decem- 31 ber seventh, nineteen hundred forty-one through May eighth, nineteen 32 hundred forty-five, and who (a) was discharged or released therefrom 33 under honorable conditions, or (b) has a qualifying condition, as 34 defined in section one of the veterans' services law, and has received a 35 discharge other than bad conduct or dishonorable from such service, or 36 (c) is a discharged LGBT veteran, as defined in section one of the 37 veterans' services law, and has received a discharge other than bad 38 conduct or dishonorable from such service or who served as a United 39 States civilian Flight Crew and Aviation Ground Support Employee of Pan 40 American World Airways or one of its subsidiaries or its affiliates and 41 served overseas as a result of Pan American's contract with Air Trans- 42 port Command or Naval Air Transport Service during the period of armed 43 conflict, December fourteenth, nineteen hundred forty-one through August 44 fourteenth, nineteen hundred forty-five, and who (d) was discharged or 45 released therefrom under honorable conditions, or (e) has a qualifying 46 condition, as defined in section one of the veterans' services law, and 47 has received a discharge other than bad conduct or dishonorable from 48 such service, or (f) is a discharged LGBT veteran, as defined in section 49 one of the veterans' services law, and has received a discharge other 50 than bad conduct or dishonorable from such service or during the period 51 of the Korean conflict at any time between the dates of June twenty-sev- 52 enth, nineteen hundred fifty and January thirty-first, nineteen hundred 53 fifty-five, or during the period of the Vietnam conflict from the first 54 day of November, nineteen hundred fifty-five to the seventh day of May, 55 nineteen hundred seventy-five, or (ii) who served on active duty in the 56 armed forces of the United States and who was a recipient of the armedA. 8914 3 1 forces expeditionary medal, navy expeditionary medal or marine corps 2 expeditionary medal for participation in operations in Lebanon from June 3 first, nineteen hundred eighty-three to December first, nineteen hundred 4 eighty-seven, in Grenada from October twenty-third, nineteen hundred 5 eighty-three to November twenty-first, nineteen hundred eighty-three, or 6 in Panama from December twentieth, nineteen hundred eighty-nine to Janu- 7 ary thirty-first, nineteen hundred ninety, or (iii) who served in the 8 armed forces of a foreign country allied with the United States during 9 world war I or world war II, or during the period of the Korean conflict 10 at any time between June twenty-seventh, nineteen hundred fifty and 11 January thirty-first, nineteen hundred fifty-five, or during the period 12 of the Vietnam conflict from the first day of November, nineteen hundred 13 fifty-five to the seventh day of May, nineteen hundred seventy-five, or 14 during the period of the Persian Gulf conflict from the second day of 15 August, nineteen hundred ninety to the end of such conflict, or who 16 served on active duty in the army or navy or marine corps or air force 17 or coast guard of the United States, and who (a) was honorably 18 discharged or separated from such service under honorable conditions, or 19 (b) has a qualifying condition, as defined in section one of the veter- 20 ans' services law, and has received a discharge other than bad conduct 21 or dishonorable from such service, or (c) is a discharged LGBT veteran, 22 as defined in section one of the veterans' services law, and has 23 received a discharge other than bad conduct or dishonorable from such 24 service except where such action would endanger the public safety or the 25 safety or health of persons cared for by the state, in which event such 26 persons shall be entitled to leave of absence with pay on another day in 27 lieu thereof, or (iv) who served on active duty in the commissioned 28 corps of the national oceanic and atmospheric administration or the 29 United States public health service, and who (a) was honorably 30 discharged or separated from such service under honorable conditions, or 31 (b) has a qualifying condition, as defined in section one of the veter- 32 ans' services law, and has received a discharge other than bad conduct 33 or dishonorable from such service, or (c) is a discharged LGBT veteran, 34 as defined in section one of the veterans' services law, and has 35 received a discharge other than bad conduct or dishonorable from such 36 service except where such action would endanger the public safety or the 37 safety or health of persons cared for by the state, in which event such 38 persons shall be entitled to leave of absence with pay on another day in 39 lieu thereof. All such persons who are compensated on a per diem, hour- 40 ly, semi-monthly or monthly basis, with or without maintenance, shall 41 also be entitled to leave of absence with pay under the provisions of 42 this section and no deduction in vacation allowance or budgetary allow- 43 able number of working days shall be made in lieu thereof. A refusal to 44 give such leave of absence to one entitled thereto shall be neglect of 45 duty. 46 § 3. Subdivision 4-a of section 458 of the real property tax law, as 47 amended by section 82 of part PP of chapter 56 of the laws of 2022, is 48 amended to read as follows: 49 4-a. For the purposes of this section, the term "military or naval 50 services" shall be deemed to also include service: (a) by a person who 51 was employed by the War Shipping Administration or Office of Defense 52 Transportation or their agents as a merchant seaman documented by the 53 United States Coast Guard or Department of Commerce, or as a civil serv- 54 ant employed by the United States Army Transport Service (later redesig- 55 nated as the United States Army Transportation Corps, Water Division) or 56 the Naval Transportation Service; and who served satisfactorily as aA. 8914 4 1 crew member during the period of armed conflict, December seventh, nine- 2 teen hundred forty-one, to August fifteenth, nineteen hundred forty- 3 five, aboard merchant vessels in oceangoing, i.e., foreign, inter- 4 coastal, or coastwise service as such terms are defined under federal 5 law (46 USCA 10301 & 10501) and further to include "near foreign" 6 voyages between the United States and Canada, Mexico, or the West Indies 7 via ocean routes, or public vessels in oceangoing service or foreign 8 waters and who has received a Certificate of Release or Discharge from 9 Active Duty and a discharge certificate, or an Honorable Service 10 Certificate/Report of Casualty, from the department of defense; (b) 11 service by a United States civilian employed by the American Field 12 Service who served overseas under United States Armies and United States 13 Army Groups in world war II during the period of armed conflict, Decem- 14 ber seventh, nineteen hundred forty-one through May eighth, nineteen 15 hundred forty-five, and who (i) was discharged or released therefrom 16 under honorable conditions, or (ii) has a qualifying condition, as 17 defined in section one of the veterans' services law, and has received a 18 discharge other than bad conduct or dishonorable from such service, or 19 (iii) is a discharged LGBT veteran, as defined in section one of the 20 veterans' services law, and has received a discharge other than bad 21 conduct or dishonorable from such service; [or] (c) service by a United 22 States civilian Flight Crew and Aviation Ground Support Employee of Pan 23 American World Airways or one of its subsidiaries or its affiliates who 24 served overseas as a result of Pan American's contract with Air Trans- 25 port Command or Naval Air Transport Service during the period of armed 26 conflict, December fourteenth, nineteen hundred forty-one through August 27 fourteenth, nineteen hundred forty-five, and who (i) was discharged or 28 released therefrom under honorable conditions, or (ii) has a qualifying 29 condition, as defined in section one of the veterans' services law, and 30 has received a discharge other than bad conduct or dishonorable from 31 such service, or (iii) is a discharged LGBT veteran, as defined in 32 section one of the veterans' services law, and has received a discharge 33 other than bad conduct or dishonorable from such service; or (d) service 34 by a member of the commissioned corps of the national oceanic and atmo- 35 spheric administration or the United States public health service and 36 who (i) was discharged or released therefrom under honorable conditions, 37 or (ii) has a qualifying condition, as defined in section one of the 38 veterans' services law, and has received a discharge other than bad 39 conduct or dishonorable from such service, or (iii) is a discharged LGBT 40 veteran, as defined in section one of the veterans' services law, and 41 has received a discharge other than bad conduct or dishonorable from 42 such service. 43 § 4. Paragraph (e) of subdivision 1 of section 458-a of the real 44 property tax law, as amended by chapter 611 of the laws of 2023, is 45 amended to read as follows: 46 (e) "Veteran" means a person (i) who served in the active military, 47 naval, or air service during a period of war, or who was a recipient of 48 the armed forces expeditionary medal, navy expeditionary medal, marine 49 corps expeditionary medal, or global war on terrorism expeditionary 50 medal, and who (1) was discharged or released therefrom under honorable 51 conditions, or (2) has a qualifying condition, as defined in section one 52 of the veterans' services law, and has received a discharge other than 53 bad conduct or dishonorable from such service, or (3) is a discharged 54 LGBT veteran, as defined in section one of the veterans' services law, 55 and has received a discharge other than bad conduct or dishonorable from 56 such service, (ii) who was employed by the War Shipping AdministrationA. 8914 5 1 or Office of Defense Transportation or their agents as a merchant seaman 2 documented by the United States Coast Guard or Department of Commerce, 3 or as a civil servant employed by the United States Army Transport 4 Service (later redesignated as the United States Army Transportation 5 Corps, Water Division) or the Naval Transportation Service; and who 6 served satisfactorily as a crew member during the period of armed 7 conflict, December seventh, nineteen hundred forty-one, to August 8 fifteenth, nineteen hundred forty-five, aboard merchant vessels in 9 oceangoing, i.e., foreign, intercoastal, or coastwise service as such 10 terms are defined under federal law (46 USCA 10301 & 10501) and further 11 to include "near foreign" voyages between the United States and Canada, 12 Mexico, or the West Indies via ocean routes, or public vessels in ocean- 13 going service or foreign waters and who has received a Certificate of 14 Release or Discharge from Active Duty and a discharge certificate, or an 15 Honorable Service Certificate/Report of Casualty, from the department of 16 defense, (iii) who served as a United States civilian employed by the 17 American Field Service and served overseas under United States Armies 18 and United States Army Groups in world war II during the period of armed 19 conflict, December seventh, nineteen hundred forty-one through May 20 eighth, nineteen hundred forty-five, and who (1) was discharged or 21 released therefrom under honorable conditions, or (2) has a qualifying 22 condition, as defined in section one of the veterans' services law, and 23 has received a discharge other than bad conduct or dishonorable from 24 such service, or (3) is a discharged LGBT veteran, as defined in section 25 one of the veterans' services law, and has received a discharge other 26 than bad conduct or dishonorable from such service, (iv) who served as a 27 United States civilian Flight Crew and Aviation Ground Support Employee 28 of Pan American World Airways or one of its subsidiaries or its affil- 29 iates and served overseas as a result of Pan American's contract with 30 Air Transport Command or Naval Air Transport Service during the period 31 of armed conflict, December fourteenth, nineteen hundred forty-one 32 through August fourteenth, nineteen hundred forty-five, and who (1) was 33 discharged or released therefrom under honorable conditions, or (2) has 34 a qualifying condition, as defined in section one of the veterans' 35 services law, and has received a discharge other than bad conduct or 36 dishonorable from such service, or (3) is a discharged LGBT veteran, as 37 defined in section one of the veterans' services law, and has received a 38 discharge other than bad conduct or dishonorable from such service, (v) 39 notwithstanding any other provision of law to the contrary, who are 40 members of the reserve components of the armed forces of the United 41 States who (1) received an honorable discharge or release therefrom 42 under honorable conditions, or (2) has a qualifying condition, as 43 defined in section one of the veterans' services law, and has received a 44 discharge other than bad conduct or dishonorable from such service, or 45 (3) is a discharged LGBT veteran, as defined in section one of the 46 veterans' services law, and has received a discharge other than bad 47 conduct or dishonorable from such service, but are still members of the 48 reserve components of the armed forces of the United States provided 49 that such members meet all other qualifications under the provisions of 50 this section, [or] (vi) who shall be considered to have been discharged 51 or released from active military service of the United States under 52 honorable conditions if: (1) the individual served in the active mili- 53 tary service of the United States for the period of time such individual 54 was obligated to serve at the time of entry into service; (2) the indi- 55 vidual was not discharged or released from such service at the time of 56 completing such period of obligation due to an intervening enlistment orA. 8914 6 1 reenlistment; (3) the individual would have been eligible for a 2 discharge or release under conditions other than dishonorable at such 3 time except for such intervening enlistment or reenlistment; and (4) the 4 individual served in the active military service of the United States 5 for a period of at least ten years, provided that such individual meets 6 all other qualifications under the provisions of this section, or (vii) 7 who served as a member of the commissioned corps of the national oceanic 8 and atmospheric administration or the United States public health 9 service and who (1) was discharged or released therefrom under honorable 10 conditions, or (2) has a qualifying condition, as defined in section one 11 of the veterans' services law, and has received a discharge other than 12 bad conduct or dishonorable from such service, or (3) is a discharged 13 LGBT veteran, as defined in section one of the veterans' services law, 14 and has received a discharge other than bad conduct or dishonorable from 15 such service. 16 § 5. Paragraph (a) of subdivision 1 of section 458-b of the real 17 property tax law, as amended by section 84 of part PP of chapter 56 of 18 the laws of 2022, is amended to read as follows: 19 (a) "Cold War veteran" means a [person, male or female,] veteran as 20 defined in section one of the veterans' services law who served on 21 active duty in the United States armed forces[,] during the time period 22 from September second, nineteen hundred forty-five to December twenty- 23 sixth, nineteen hundred ninety-one, and (i) was discharged or released 24 therefrom under honorable conditions, or (ii) has a qualifying condi- 25 tion, as defined in section one of the veterans' services law, and has 26 received a discharge other than bad conduct or dishonorable from such 27 service, or (iii) is a discharged LGBT veteran, as defined in section 28 one of the veterans' services law, and has received a discharge other 29 than bad conduct or dishonorable from such service. 30 § 6. Paragraph (b) of subdivision 1 of section 243 of the military 31 law, as amended by section 71 of part PP of chapter 56 of the laws of 32 2022, is amended to read as follows: 33 (b) The term "military duty" shall mean military service in the mili- 34 tary, naval, aviation or marine service of the United States subsequent 35 to July first, nineteen hundred forty, or service under the selective 36 training and service act of nineteen hundred forty, or the national 37 guard and reserve officers mobilization act of nineteen hundred forty, 38 or any other act of congress supplementary or amendatory thereto, or any 39 similar act of congress hereafter enacted and irrespective of the fact 40 that such service was entered upon following a voluntary enlistment 41 therefor or was required under one of the foregoing acts of congress, or 42 service with the United States public health service as a commissioned 43 officer, or service with the national oceanic and atmospheric adminis- 44 tration as a commissioned officer or the United States public health 45 service, or service with the American Red Cross while with the armed 46 forces of the United States on foreign service, or service with the 47 special services section of the armed forces of the United States on 48 foreign service, or service in the merchant marine which shall consist 49 of service as an officer or member of the crew on or in connection with 50 a vessel documented under the laws of the United States or a vessel 51 owned by, chartered to, or operated by or for the account or use of the 52 government of the United States, or service by one who was employed by 53 the War Shipping Administration or Office of Defense Transportation or 54 their agents as a merchant seaman documented by the United States Coast 55 Guard or Department of Commerce, or as a civil servant employed by the 56 United States Army Transport Service (later redesignated as the UnitedA. 8914 7 1 States Army Transportation Corps, Water Division) or the Naval Transpor- 2 tation Service; and who served satisfactorily as a crew member during 3 the period of armed conflict, December seventh, nineteen hundred forty- 4 one, to August fifteenth, nineteen hundred forty-five, aboard merchant 5 vessels in oceangoing, i.e., foreign, intercoastal, or coastwise service 6 as such terms are defined under federal law (46 USCA 10301 & 10501) and 7 further to include "near foreign" voyages between the United States and 8 Canada, Mexico, or the West Indies via ocean routes, or public vessels 9 in oceangoing service or foreign waters and who has received a Certif- 10 icate of Release or Discharge from Active Duty and a discharge certif- 11 icate, or an Honorable Service Certificate/Report of Casualty, from the 12 Department of Defense, or who served as a United States civilian 13 employed by the American Field Service and served overseas under United 14 States Armies and United States Army Groups in world war II during the 15 period of armed conflict, December seventh, nineteen hundred forty-one 16 through May eighth, nineteen hundred forty-five, and who (i) was 17 discharged or released therefrom under honorable conditions, or (ii) has 18 a qualifying condition, as defined in section one of the veterans' 19 services law, and has received a discharge other than bad conduct or 20 dishonorable from such service, or (iii) is a discharged LGBT veteran, 21 as defined in section one of the veterans' services law, and has 22 received a discharge other than bad conduct or dishonorable from such 23 service, or who served as a United States civilian Flight Crew and 24 Aviation Ground Support Employee of Pan American World Airways or one of 25 its subsidiaries or its affiliates and served overseas as a result of 26 Pan American's contract with Air Transport Command or Naval Air Trans- 27 port Service during the period of armed conflict, December fourteenth, 28 nineteen hundred forty-one through August fourteenth, nineteen hundred 29 forty-five, and who (iv) was discharged or released therefrom under 30 honorable conditions, or (v) has a qualifying condition, as defined in 31 section one of the veterans' services law, and has received a discharge 32 other than bad conduct or dishonorable from such service, or (vi) is a 33 discharged LGBT veteran, as defined in section one of the veterans' 34 services law, and has received a discharge other than bad conduct or 35 dishonorable from such service; or service in police duty on behalf of 36 the United States government in a foreign country, if such person is a 37 police officer, as defined by section 1.20 of the criminal procedure 38 law, and if such police officer obtained the prior consent of his or her 39 public employer to absent himself or herself from his or her position to 40 engage in the performance of such service; or as an enrollee in the 41 United States maritime service on active duty and, to such extent as may 42 be prescribed by or under the laws of the United States, any period 43 awaiting assignment to such service and any period of education or 44 training for such service in any school or institution under the juris- 45 diction of the United States government, but shall not include temporary 46 and intermittent gratuitous service in any reserve or auxiliary force. 47 It shall include time spent in reporting for and returning from military 48 duty and shall be deemed to commence when the public employee leaves his 49 or her position and to end when he or she is reinstated to his or her 50 position, provided such reinstatement is within ninety days after the 51 termination of military duty, as hereinafter defined. Notwithstanding 52 the foregoing provisions of this paragraph, the term "military duty" 53 shall not include any of the foregoing services entered upon voluntarily 54 on or after January first, nineteen hundred forty-seven and before June 55 twenty-fifth, nineteen hundred fifty; and, on or after July first, nine- 56 teen hundred seventy, the term "military duty" shall not include anyA. 8914 8 1 voluntary service in excess of four years performed after that date, or 2 the total of any voluntary services, additional or otherwise, in excess 3 of four years performed after that date, shall not exceed five years, if 4 the service in excess of four years is at the request and for the 5 convenience of the federal government, except if such voluntary service 6 is performed during a period of war, or national emergency declared by 7 the president. 8 § 7. This act shall take effect immediately on the first of April next 9 succeeding the date on which it shall have become a law.