Bill Text: NY S01690 | 2015-2016 | General Assembly | Introduced
Bill Title: Amends the dates of certain armed conflicts to reflect the dates for such conflicts established by the federal government and provides that future dates of armed conflicts shall be consistent with the federal dates thereof.
Sponsorship: Partisan Bill (Republican 1)
Status: (Introduced - Dead) 2015-06-25 - COMMITTED TO RULES [S01690 Detail]
Download: New_York-2015-S01690-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
1690
2015-2016 Regular Sessions
I N S E N A T E
January 14, 2015
___________
Introduced by Sen. LIBOUS -- read twice and ordered printed, and when
printed to be committed to the Committee on Veterans, Homeland Securi-
ty and Military Affairs
AN ACT to amend the education law, the retirement and social security
law, the civil service law, the social services law and the public
officers law, in relation to the dates of certain periods of war and
hostilities
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Subdivision 1 of section 668 of the education law, as
2 amended by chapter 580 of the laws of 1992, paragraphs (a) and (d) as
3 amended by chapter 261 of the laws of 1995, paragraph (b) as amended by
4 chapter 616 of the laws of 1995, paragraphs (f) and (g) as added by
5 chapter 435 of the laws of 2006, is amended to read as follows:
6 1. Period of military service. For a student to be eligible, the
7 parent, or step-parent where the student is the dependent of the step-
8 parent, (i) must have been a recipient of the armed forces expeditionary
9 medal, the navy expeditionary medal or the marine corps expeditionary
10 medal for participation in operations in Lebanon from [June first]
11 AUGUST TWENTY-FIRST, nineteen hundred [eighty-three] EIGHTY-TWO to
12 December first, nineteen hundred eighty-seven, in Grenada from October
13 twenty-third, nineteen hundred eighty-three to November twenty-first,
14 nineteen hundred eighty-three, or in Panama from December twentieth,
15 nineteen hundred eighty-nine to January thirty-first, nineteen hundred
16 ninety, or (ii) must have served on regular active duty (other than for
17 training) in the armed forces of the United States during part of one of
18 the following periods:
19 (a) April sixth, nineteen hundred seventeen to November eleven, nine-
20 teen hundred eighteen.
21 (b) December seven, nineteen hundred forty-one to December thirty-one,
22 nineteen hundred forty-six, or have been employed by the War Shipping
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07220-01-5
S. 1690 2
1 Administration or Office of Defense Transportation or their agents as a
2 merchant seaman documented by the United States Coast Guard or Depart-
3 ment of Commerce, or as a civil servant employed by the United States
4 Army Transport Service (later redesignated as the United States Army
5 Transportation Corps, Water Division) or the Naval Transportation
6 Service; and who served satisfactorily as a crew member during the peri-
7 od of armed conflict, December seventh, nineteen hundred forty-one, to
8 August fifteenth, nineteen hundred forty-five, aboard merchant vessels
9 in 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 or have served as a United States civilian employed by the Amer-
17 ican Field Service and served overseas under United States Armies and
18 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 was discharged or released
21 therefrom under honorable conditions, or have served as a United States
22 civilian Flight Crew and Aviation Ground Support Employee of Pan Ameri-
23 can World Airways or one of its subsidiaries or its affiliates and
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 was discharged or
28 released therefrom under honorable conditions.
29 (c) June twenty-seven, nineteen hundred fifty to January thirty-one,
30 nineteen hundred fifty-five.
31 (d) [December twenty-second] FEBRUARY TWENTY-EIGHTH, nineteen hundred
32 sixty-one to May seventh, nineteen hundred seventy-five.
33 (e) August [two] SECOND, nineteen hundred ninety to the end of hostil-
34 ities in the Persian Gulf conflict.
35 (f) From September eighteenth, two thousand one until the end of the
36 United States military efforts in Afghanistan.
37 (g) From October sixteenth, two thousand two until the end of the
38 United States military efforts in Iraq.
39 (H) ANY OTHER PERIOD OF WAR OR HOSTILITIES IN SUCH LOCATIONS AND
40 DURING SUCH PERIODS OF TIME AS SHALL BE DETERMINED FROM TIME TO TIME BY
41 THE FEDERAL DEPARTMENT OF DEFENSE OR THE UNITED STATES CONGRESS.
42 S 2. Subdivision 1 of section 668-c of the education law, as added by
43 chapter 474 of the laws of 2000, is amended to read as follows:
44 1. Eligible students. Awards shall be made to Vietnam veterans' resi-
45 dent children born with Spina Bifida enrolled in approved undergraduate
46 or graduate programs at degree granting institutions. For the purpose of
47 this section, "Vietnam veteran" shall mean a person who served in Indo-
48 china at any time from the [twenty-second] TWENTY-EIGHTH day of [Decem-
49 ber] FEBRUARY, nineteen hundred sixty-one, to and including the seventh
50 day of May, nineteen hundred seventy-five and was honorably discharged
51 from the armed forces of the United States; "born with Spina Bifida"
52 shall mean a diagnosis at birth of such disease inclusive of all forms,
53 manifestations, complications and associated medical conditions thereof,
54 but shall not include Spina Bifida Occulta. Such diagnosis shall be in
55 accordance with the provisions of the federal Spina Bifida program and
S. 1690 3
1 shall be documented by the United States Administration of Veterans'
2 Affairs.
3 S 3. Paragraphs (a), (c) and (d) of subdivision 2 of section 1000 of
4 the retirement and social security law, as added by chapter 548 of the
5 laws of 2000, are amended and a new paragraph (e) is added to read as
6 follows:
7 (a) hostilities participated in by the military forces of the United
8 States in Lebanon, from the [first] TWENTY-FIRST day of [June] AUGUST,
9 nineteen hundred [eighty-three] EIGHTY-TWO to the first day of December,
10 nineteen hundred eighty-seven, as established by receipt of the armed
11 forces expeditionary medal, the navy expeditionary medal, or the marine
12 corps expeditionary medal;
13 (c) hostilities participated in by the military forces of the United
14 States in Panama, from the twentieth day of December, nineteen hundred
15 eighty-nine to the thirty-first day of January, nineteen hundred ninety,
16 as established by receipt of the armed forces expeditionary medal, the
17 navy expeditionary medal, or the marine corps expeditionary medal; [or]
18 (d) hostilities participated in by the military forces of the United
19 States, from the second day of August, nineteen hundred ninety, to the
20 end of such hostilities in case of a veteran who served in the theater
21 of operations including Iraq, Kuwait, Saudi Arabia, Bahrain, Qatar, the
22 United Arab Emirates, Oman, the Gulf of Aden, the Gulf of Oman, the
23 Persian Gulf, the Red Sea, and the airspace above these locations[.]; OR
24 (E) ANY OTHER HOSTILITIES OR PERIOD OF WAR PARTICIPATED IN BY THE
25 MILITARY FORCES OF THE UNITED STATES IN SUCH LOCATIONS AND DURING SUCH
26 PERIODS OF TIME AS SHALL BE DETERMINED FROM TIME TO TIME BY THE FEDERAL
27 DEPARTMENT OF DEFENSE OR THE UNITED STATES CONGRESS.
28 S 4. Subparagraph 5 of paragraph (c) of subdivision 1 of section 85 of
29 the civil service law, as added by chapter 467 of the laws of 1991, is
30 amended and a new subparagraph 9 is added to read as follows:
31 (5) Hostilities participated in by the military forces of the United
32 States in Lebanon, from the [first] TWENTY-FIRST day of [June] AUGUST,
33 nineteen hundred [eighty-three] EIGHTY-TWO to the first day of December,
34 nineteen hundred eighty-seven, as established by receipt of the armed
35 forces expeditionary medal, the navy expeditionary medal, or the marine
36 corps expeditionary medal.
37 (9) ANY OTHER HOSTILITIES OR PERIOD OF WAR PARTICIPATED IN BY THE
38 MILITARY FORCES OF THE UNITED STATES IN SUCH LOCATIONS AND DURING SUCH
39 PERIODS OF TIME AS SHALL BE DETERMINED FROM TIME TO TIME BY THE FEDERAL
40 DEPARTMENT OF DEFENSE OR THE UNITED STATES CONGRESS.
41 S 5. Subdivision 1 of section 168 of the social services law, as
42 amended by chapter 467 of the laws of 1991, is amended to read as
43 follows:
44 1. Veteran means a person, male or female, who has served in the armed
45 forces of the United States in time of war, or who was a recipient of
46 the armed forces expeditionary medal, navy expeditionary medal or marine
47 corps expeditionary medal for participation in operations in Lebanon
48 from [June first, nineteen hundred eighty-three] AUGUST TWENTY-FIRST,
49 NINETEEN HUNDRED EIGHTY-TWO to December first, nineteen hundred eighty-
50 seven, in Grenada from October twenty-third, nineteen hundred eighty-
51 three to November twenty-first, nineteen hundred eighty-three, or in
52 Panama from December twentieth, nineteen hundred eighty-nine to January
53 thirty-first, nineteen hundred ninety, and who has been honorably
54 discharged or released under honorable circumstances from such service
55 or furloughed to the reserve.
S. 1690 4
1 S 6. Subdivision 2 of section 168 of the social services law is
2 amended by adding a new paragraph 9 to read as follows:
3 (9) ANY OTHER PERIOD OF WAR OR HOSTILITIES IN SUCH LOCATIONS AND
4 DURING SUCH PERIODS OF TIME AS SHALL BE DETERMINED FROM TIME TO TIME BY
5 THE FEDERAL DEPARTMENT OF DEFENSE OR THE UNITED STATES CONGRESS.
6 S 7. Section 63 of the public officers law, as amended by chapter 179
7 of the laws of 2006, is amended to read as follows:
8 S 63. Leave of absence for veterans on Memorial day and Veterans' day.
9 It shall be the duty of the head of every public department and of every
10 court of the state of New York, of every superintendent or foreman on
11 the public works of said state, of the county officers of the several
12 counties of said state, of the town officers of the various towns in
13 this state, of the fire district officers of the various fire districts
14 in this state, and of the head of every department, bureau and office in
15 the government of the various cities and villages in this state, and the
16 officers of any public benefit corporation or any public authority of
17 this state, or of any public benefit corporation or public authority of
18 any county or subdivision of this state, to give leave of absence with
19 pay for twenty-four hours on the day prescribed by law as a public holi-
20 day for the observance of Memorial day and on the eleventh day of Novem-
21 ber, known as Veterans' day, to every person in the service of the
22 state, the county, the town, the fire district, the city or village, the
23 public benefit corporation or public authority of this state, or any
24 public benefit corporation or public authority of any county or subdivi-
25 sion of this state, as the case may be, (i) who served on active duty in
26 the armed forces of the United States during world war I or world war
27 II, or who was employed by the War Shipping Administration or Office of
28 Defense Transportation or their agents as a merchant seaman documented
29 by the United States Coast Guard or Department of Commerce, or as a
30 civil servant employed by the United States Army Transport Service
31 (later redesignated as the United States Army Transportation Corps,
32 Water Division) or the Naval Transportation Service; and who served
33 satisfactorily as a crew member during the period of armed conflict,
34 December seventh, nineteen hundred forty-one, to August fifteenth, nine-
35 teen hundred forty-five, aboard merchant vessels in oceangoing, i.e.,
36 foreign, intercoastal, or coastwise service as such terms are defined
37 under federal law (46 USCA 10301 & 10501) and further to include "near
38 foreign" voyages between the United States and Canada, Mexico, or the
39 West Indies via ocean routes, or public vessels in oceangoing service or
40 foreign waters and who has received a Certificate of Release or
41 Discharge from Active Duty and a discharge certificate, or an Honorable
42 Service Certificate/Report of Casualty, from the Department of Defense,
43 or who served as a United States civilian employed by the American Field
44 Service and served overseas under United States Armies and United States
45 Army Groups in world war II during the period of armed conflict, Decem-
46 ber seventh, nineteen hundred forty-one through May eighth, nineteen
47 hundred forty-five, and who was discharged or released therefrom under
48 honorable conditions, or who served as a United States civilian Flight
49 Crew and Aviation Ground Support Employee of Pan American World Airways
50 or one of its subsidiaries or its affiliates and served overseas as a
51 result of Pan American's contract with Air Transport Command or Naval
52 Air Transport Service during the period of armed conflict, December
53 fourteenth, nineteen hundred forty-one through August fourteenth, nine-
54 teen hundred forty-five, and who was discharged or released therefrom
55 under honorable conditions, or during the period of the Korean conflict
56 at any time between the dates of June twenty-seventh, nineteen hundred
S. 1690 5
1 fifty and January thirty-first, nineteen hundred fifty-five, or during
2 the period of the Vietnam conflict from the twenty-eighth day of Febru-
3 ary, nineteen hundred sixty-one to the seventh day of May, nineteen
4 hundred seventy-five, or (ii) who served on active duty in the armed
5 forces of the United States and who was a recipient of the armed forces
6 expeditionary medal, navy expeditionary medal or marine corps expedi-
7 tionary medal for participation in operations in Lebanon from [June
8 first, nineteen hundred eighty-three] AUGUST TWENTY-FIRST, NINETEEN
9 HUNDRED EIGHTY-TWO to December first, nineteen hundred eighty-seven, in
10 Grenada from October twenty-third, nineteen hundred eighty-three to
11 November twenty-first, nineteen hundred eighty-three, [or] in Panama
12 from December twentieth, nineteen hundred eighty-nine to January thir-
13 ty-first, nineteen hundred ninety, OR DURING ANY OTHER PERIOD OF WAR OR
14 HOSTILITIES IN SUCH LOCATIONS AND DURING SUCH PERIODS OF TIME AS SHALL
15 BE DETERMINED FROM TIME TO TIME BY THE FEDERAL DEPARTMENT OF DEFENSE OR
16 THE UNITED STATES CONGRESS, or (iii) who served in the armed forces of a
17 foreign country allied with the United States during world war I or
18 world war II, or during the period of the Korean conflict at any time
19 between June twenty-seventh, nineteen hundred fifty and January thirty-
20 first, nineteen hundred fifty-five, or during the period of the Vietnam
21 conflict from the twenty-eighth day of February, nineteen hundred
22 sixty-one to the seventh day of May, nineteen hundred seventy-five, or
23 during the period of the Persian Gulf conflict from the second day of
24 August, nineteen hundred ninety to the end of such conflict, or who
25 served on active duty in the army or navy or marine corps or air force
26 or coast guard of the United States, and who was honorably discharged or
27 separated from such service under honorable conditions, except where
28 such action would endanger the public safety or the safety or health of
29 persons cared for by the state, in which event such persons shall be
30 entitled to leave of absence with pay on another day in lieu thereof.
31 All such persons who are compensated on a per diem, hourly, semi-monthly
32 or monthly basis, with or without maintenance, shall also be entitled to
33 leave of absence with pay under the provisions of this section and no
34 deduction in vacation allowance or budgetary allowable number of working
35 days shall be made in lieu thereof. A refusal to give such leave of
36 absence to one entitled thereto shall be neglect of duty.
37 S 8. Notwithstanding any other provisions of law to the contrary, any
38 provisions of law which grant benefits or eligibility to veterans who
39 served in the armed forces of the United States during a period of war
40 or hostilities, such period shall include any additional period of war
41 or hostilities in such locations and during such periods of time as
42 shall be determined from time to time by the federal Department of
43 Defense or the United States Congress.
44 S 9. This act shall take effect immediately.
