Bill Text: NY S05194 | 2023-2024 | General Assembly | Amended
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: Bipartisan Bill
Status: (Introduced) 2024-04-03 - PRINT NUMBER 5194C [S05194 Detail]
Download: New_York-2023-S05194-Amended.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: Bipartisan Bill
Status: (Introduced) 2024-04-03 - PRINT NUMBER 5194C [S05194 Detail]
Download: New_York-2023-S05194-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 5194--A 2023-2024 Regular Sessions IN SENATE February 27, 2023 ___________ Introduced by Sens. SKOUFIS, ASHBY -- read twice and ordered printed, and when printed to be committed to the Committee on Veterans, Home- land Security and Military Affairs -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said commit- tee 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 EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD06757-02-3S. 5194--A 2 1 this state, of the fire district officers of the various fire districts 2 in this state, and of the head of every department, bureau and office in 3 the government of the various cities and villages in this state, and the 4 officers of any public benefit corporation or any public authority of 5 this state, or of any public benefit corporation or public authority of 6 any county or subdivision of this state, to give leave of absence with 7 pay for twenty-four hours on the day prescribed by law as a public holi- 8 day for the observance of Memorial day and on the eleventh day of Novem- 9 ber, known as Veterans' day, to every person in the service of the 10 state, the county, the town, the fire district, the city or village, the 11 public benefit corporation or public authority of this state, or any 12 public benefit corporation or public authority of any county or subdivi- 13 sion of this state, as the case may be, (i) who served on active duty in 14 the armed forces of the United States during world war I or world war 15 II, or who was employed by the War Shipping Administration or Office of 16 Defense Transportation or their agents as a merchant seaman documented 17 by the United States Coast Guard or Department of Commerce, or as a 18 civil servant employed by the United States Army Transport Service 19 (later redesignated as the United States Army Transportation Corps, 20 Water Division) or the Naval Transportation Service; and who served 21 satisfactorily as a crew member during the period of armed conflict, 22 December seventh, nineteen hundred forty-one, to August fifteenth, nine- 23 teen hundred forty-five, aboard merchant vessels in oceangoing, i.e., 24 foreign, intercoastal, or coastwise service as such terms are defined 25 under federal law (46 USCA 10301 & 10501) and further to include "near 26 foreign" voyages between the United States and Canada, Mexico, or the 27 West Indies via ocean routes, or public vessels in oceangoing service or 28 foreign waters and who has received a Certificate of Release or 29 Discharge from Active Duty and a discharge certificate, or an Honorable 30 Service Certificate/Report of Casualty, from the Department of Defense, 31 or who served as a United States civilian employed by the American Field 32 Service and served overseas under United States Armies and United States 33 Army Groups in world war II during the period of armed conflict, Decem- 34 ber seventh, nineteen hundred forty-one through May eighth, nineteen 35 hundred forty-five, and who (a) was discharged or released therefrom 36 under honorable conditions, or (b) has a qualifying condition, 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, or 39 (c) is a discharged LGBT veteran, as defined in section one of the 40 veterans' services law, and has received a discharge other than bad 41 conduct or dishonorable from such service or who served as a United 42 States civilian Flight Crew and Aviation Ground Support Employee of Pan 43 American World Airways or one of its subsidiaries or its affiliates and 44 served overseas as a result of Pan American's contract with Air Trans- 45 port Command or Naval Air Transport Service during the period of armed 46 conflict, December fourteenth, nineteen hundred forty-one through August 47 fourteenth, nineteen hundred forty-five, and who (d) was discharged or 48 released therefrom under honorable conditions, or (e) has a qualifying 49 condition, as defined in section one of the veterans' services law, and 50 has received a discharge other than bad conduct or dishonorable from 51 such service, or (f) is a discharged LGBT veteran, as defined in section 52 one of the veterans' services law, and has received a discharge other 53 than bad conduct or dishonorable from such service or during the period 54 of the Korean conflict at any time between the dates of June twenty-sev- 55 enth, nineteen hundred fifty and January thirty-first, nineteen hundred 56 fifty-five, or during the period of the Vietnam conflict from the firstS. 5194--A 3 1 day of November, nineteen hundred fifty-five to the seventh day of May, 2 nineteen hundred seventy-five, or (ii) who served on active duty in the 3 armed forces of the United States and who was a recipient of the armed 4 forces expeditionary medal, navy expeditionary medal or marine corps 5 expeditionary medal for participation in operations in Lebanon from June 6 first, nineteen hundred eighty-three to December first, nineteen hundred 7 eighty-seven, in Grenada from October twenty-third, nineteen hundred 8 eighty-three to November twenty-first, nineteen hundred eighty-three, or 9 in Panama from December twentieth, nineteen hundred eighty-nine to Janu- 10 ary thirty-first, nineteen hundred ninety, or (iii) who served in the 11 armed forces of a foreign country allied with the United States during 12 world war I or world war II, or during the period of the Korean conflict 13 at any time between June twenty-seventh, nineteen hundred fifty and 14 January thirty-first, nineteen hundred fifty-five, or during the period 15 of the Vietnam conflict from the first day of November, nineteen hundred 16 fifty-five to the seventh day of May, nineteen hundred seventy-five, or 17 during the period of the Persian Gulf conflict from the second day of 18 August, nineteen hundred ninety to the end of such conflict, or who 19 served on active duty in the army or navy or marine corps or air force 20 or coast guard of the United States, and who (a) was honorably 21 discharged or separated from such service under honorable conditions, or 22 (b) has a qualifying condition, as defined in section one of the veter- 23 ans' services law, and has received a discharge other than bad conduct 24 or dishonorable from such service, or (c) is a discharged LGBT veteran, 25 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 except where such action would endanger the public safety or the 28 safety or health of persons cared for by the state, in which event such 29 persons shall be entitled to leave of absence with pay on another day in 30 lieu thereof, or (iv) who served on active duty in the commissioned 31 corps of the national oceanic and atmospheric administration or the 32 United States public health service, and who (a) was honorably 33 discharged or separated from such service under honorable conditions, or 34 (b) has a qualifying condition, as defined in section one of the veter- 35 ans' services law, and has received a discharge other than bad conduct 36 or dishonorable from such service, or (c) is a discharged LGBT veteran, 37 as defined in section one of the veterans' services law, and has 38 received a discharge other than bad conduct or dishonorable from such 39 service except where such action would endanger the public safety or the 40 safety or health of persons cared for by the state, in which event such 41 persons shall be entitled to leave of absence with pay on another day in 42 lieu thereof. All such persons who are compensated on a per diem, hour- 43 ly, semi-monthly or monthly basis, with or without maintenance, shall 44 also be entitled to leave of absence with pay under the provisions of 45 this section and no deduction in vacation allowance or budgetary allow- 46 able number of working days shall be made in lieu thereof. A refusal to 47 give such leave of absence to one entitled thereto shall be neglect of 48 duty. 49 § 3. Subdivision 4-a of section 458 of the real property tax law, as 50 amended by section 82 of part PP of chapter 56 of the laws of 2022, is 51 amended to read as follows: 52 4-a. For the purposes of this section, the term "military or naval 53 services" shall be deemed to also include service: (a) by a person who 54 was employed by the War Shipping Administration or Office of Defense 55 Transportation or their agents as a merchant seaman documented by the 56 United States Coast Guard or Department of Commerce, or as a civil serv-S. 5194--A 4 1 ant employed by the United States Army Transport Service (later redesig- 2 nated as the United States Army Transportation Corps, Water Division) or 3 the Naval Transportation Service; and who served satisfactorily as a 4 crew member during the period of armed conflict, December seventh, nine- 5 teen hundred forty-one, to August fifteenth, nineteen hundred forty- 6 five, aboard merchant vessels in oceangoing, i.e., foreign, inter- 7 coastal, or coastwise service as such terms are defined under federal 8 law (46 USCA 10301 & 10501) and further to include "near foreign" 9 voyages between the United States and Canada, Mexico, or the West Indies 10 via ocean routes, or public vessels in oceangoing service or foreign 11 waters and who has received a Certificate of Release or Discharge from 12 Active Duty and a discharge certificate, or an Honorable Service 13 Certificate/Report of Casualty, from the department of defense; (b) 14 service by a United States civilian employed by the American Field 15 Service who served overseas under United States Armies and United States 16 Army Groups in world war II during the period of armed conflict, Decem- 17 ber seventh, nineteen hundred forty-one through May eighth, nineteen 18 hundred forty-five, and who (i) was discharged or released therefrom 19 under honorable conditions, or (ii) has a qualifying condition, as 20 defined in section one of the veterans' services law, and has received a 21 discharge other than bad conduct or dishonorable from such service, or 22 (iii) is a discharged LGBT veteran, as defined in section one of the 23 veterans' services law, and has received a discharge other than bad 24 conduct or dishonorable from such service; [or] (c) service by a United 25 States civilian Flight Crew and Aviation Ground Support Employee of Pan 26 American World Airways or one of its subsidiaries or its affiliates who 27 served overseas as a result of Pan American's contract with Air Trans- 28 port Command or Naval Air Transport Service during the period of armed 29 conflict, December fourteenth, nineteen hundred forty-one through August 30 fourteenth, nineteen hundred forty-five, and who (i) was discharged or 31 released therefrom under honorable conditions, or (ii) has a qualifying 32 condition, as defined in section one of the veterans' services law, and 33 has received a discharge other than bad conduct or dishonorable from 34 such service, or (iii) is a discharged LGBT veteran, as defined in 35 section one of the veterans' services law, and has received a discharge 36 other than bad conduct or dishonorable from such service; or (d) service 37 by a member of the commissioned corps of the national oceanic and atmo- 38 spheric administration or the United States public health service and 39 who (i) was discharged or released therefrom under honorable conditions, 40 or (ii) has a qualifying condition, as defined in section one of the 41 veterans' services law, and has received a discharge other than bad 42 conduct or dishonorable from such service, or (iii) is a discharged LGBT 43 veteran, as defined in section one of the veterans' services law, and 44 has received a discharge other than bad conduct or dishonorable from 45 such service. 46 § 4. Paragraph (e) of subdivision 1 of section 458-a of the real 47 property tax law, as amended by section 83 of part PP of chapter 56 of 48 the laws of 2022, is amended to read as follows: 49 (e) "Veteran" means a person (i) who served in the active military, 50 naval, or air service during a period of war, or who was a recipient of 51 the armed forces expeditionary medal, navy expeditionary medal, marine 52 corps expeditionary medal, or global war on terrorism expeditionary 53 medal, and who (1) was discharged or released therefrom under honorable 54 conditions, or (2) has a qualifying condition, as defined in section one 55 of the veterans' services law, and has received a discharge other than 56 bad conduct or dishonorable from such service, or (3) is a dischargedS. 5194--A 5 1 LGBT veteran, as defined in section one of the veterans' services law, 2 and has received a discharge other than bad conduct or dishonorable from 3 such service, (ii) who was employed by the War Shipping Administration 4 or Office of Defense Transportation or their agents as a merchant seaman 5 documented by the United States Coast Guard or Department of Commerce, 6 or as a civil servant employed by the United States Army Transport 7 Service (later redesignated as the United States Army Transportation 8 Corps, Water Division) or the Naval Transportation Service; and who 9 served satisfactorily as a crew member during the period of armed 10 conflict, December seventh, nineteen hundred forty-one, to August 11 fifteenth, nineteen hundred forty-five, aboard merchant vessels in 12 oceangoing, i.e., foreign, intercoastal, or coastwise service as such 13 terms are defined under federal law (46 USCA 10301 & 10501) and further 14 to include "near foreign" voyages between the United States and Canada, 15 Mexico, or the West Indies via ocean routes, or public vessels in ocean- 16 going service or foreign waters and who has received a Certificate of 17 Release or Discharge from Active Duty and a discharge certificate, or an 18 Honorable Service Certificate/Report of Casualty, from the department of 19 defense, (iii) who served as a United States civilian employed by the 20 American Field Service and served overseas under United States Armies 21 and United States Army Groups in world war II during the period of armed 22 conflict, December seventh, nineteen hundred forty-one through May 23 eighth, nineteen hundred forty-five, and who (1) was discharged or 24 released therefrom under honorable conditions, or (2) has a qualifying 25 condition, as defined in section one of the veterans' services law, and 26 has received a discharge other than bad conduct or dishonorable from 27 such service, or (3) 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, (iv) who served as a 30 United States civilian Flight Crew and Aviation Ground Support Employee 31 of Pan American World Airways or one of its subsidiaries or its affil- 32 iates and served overseas as a result of Pan American's contract with 33 Air Transport Command or Naval Air Transport Service during the period 34 of armed conflict, December fourteenth, nineteen hundred forty-one 35 through August fourteenth, nineteen hundred forty-five, and who (1) was 36 discharged or released therefrom under honorable conditions, or (2) has 37 a qualifying condition, as defined in section one of the veterans' 38 services law, and has received a discharge other than bad conduct or 39 dishonorable from such service, or (3) is a discharged LGBT veteran, as 40 defined in section one of the veterans' services law, and has received a 41 discharge other than bad conduct or dishonorable from such service, [or] 42 (v) notwithstanding any other provision of law to the contrary, who are 43 members of the reserve components of the armed forces of the United 44 States who (1) received an honorable discharge or release therefrom 45 under honorable conditions, or (2) has a qualifying condition, as 46 defined in section one of the veterans' services law, and has received a 47 discharge other than bad conduct or dishonorable from such service, or 48 (3) is a discharged LGBT veteran, as defined in section one of the 49 veterans' services law, and has received a discharge other than bad 50 conduct or dishonorable from such service, but are still members of the 51 reserve components of the armed forces of the United States provided 52 that such members meet all other qualifications under the provisions of 53 this section, or (vi) who served as a member of the commissioned corps 54 of the national oceanic and atmospheric administration or the United 55 States public health service and who (1) was discharged or released 56 therefrom under honorable conditions, or (2) has a qualifying condition,S. 5194--A 6 1 as defined in section one of the veterans' services law, and has 2 received a discharge other than bad conduct or dishonorable from such 3 service, or (3) is a discharged LGBT veteran, as defined in one of the 4 veterans' services law, and has received a discharge other than bad 5 conduct or dishonorable from such service. 6 § 5. Paragraph (a) of subdivision 1 of section 458-b of the real 7 property tax law, as amended by section 84 of part PP of chapter 56 of 8 the laws of 2022, is amended to read as follows: 9 (a) "Cold War veteran" means a [person, male or female,] veteran as 10 defined in section one of the veterans' services law who served on 11 active duty in the United States armed forces[,] during the time period 12 from September second, nineteen hundred forty-five to December twenty- 13 sixth, nineteen hundred ninety-one, and (i) was discharged or released 14 therefrom under honorable conditions, or (ii) has a qualifying condi- 15 tion, as defined in section one of the veterans' services law, and has 16 received a discharge other than bad conduct or dishonorable from such 17 service, or (iii) is a discharged LGBT veteran, as defined in section 18 one of the veterans' services law, and has received a discharge other 19 than bad conduct or dishonorable from such service. 20 § 6. Paragraph (b) of subdivision 1 of section 243 of the military 21 law, as amended by section 71 of part PP of chapter 56 of the laws of 22 2022, is amended to read as follows: 23 (b) The term "military duty" shall mean military service in the mili- 24 tary, naval, aviation or marine service of the United States subsequent 25 to July first, nineteen hundred forty, or service under the selective 26 training and service act of nineteen hundred forty, or the national 27 guard and reserve officers mobilization act of nineteen hundred forty, 28 or any other act of congress supplementary or amendatory thereto, or any 29 similar act of congress hereafter enacted and irrespective of the fact 30 that such service was entered upon following a voluntary enlistment 31 therefor or was required under one of the foregoing acts of congress, or 32 service with the United States public health service as a commissioned 33 officer, or service with the national oceanic and atmospheric adminis- 34 tration as a commissioned officer or the United States public health 35 service, or service with the American Red Cross while with the armed 36 forces of the United States on foreign service, or service with the 37 special services section of the armed forces of the United States on 38 foreign service, or service in the merchant marine which shall consist 39 of service as an officer or member of the crew on or in connection with 40 a vessel documented under the laws of the United States or a vessel 41 owned by, chartered to, or operated by or for the account or use of the 42 government of the United States, or service by one who was employed by 43 the War Shipping Administration or Office of Defense Transportation or 44 their agents as a merchant seaman documented by the United States Coast 45 Guard or Department of Commerce, or as a civil servant employed by the 46 United States Army Transport Service (later redesignated as the United 47 States Army Transportation Corps, Water Division) or the Naval Transpor- 48 tation Service; and who served satisfactorily as a crew member during 49 the period of armed conflict, December seventh, nineteen hundred forty- 50 one, to August fifteenth, nineteen hundred forty-five, aboard merchant 51 vessels in oceangoing, i.e., foreign, intercoastal, or coastwise service 52 as such terms are defined under federal law (46 USCA 10301 & 10501) and 53 further to include "near foreign" voyages between the United States and 54 Canada, Mexico, or the West Indies via ocean routes, or public vessels 55 in oceangoing service or foreign waters and who has received a Certif- 56 icate of Release or Discharge from Active Duty and a discharge certif-S. 5194--A 7 1 icate, or an Honorable Service Certificate/Report of Casualty, from the 2 Department of Defense, or who served as a United States civilian 3 employed by the American Field Service and served overseas under United 4 States Armies and United States Army Groups in world war II during the 5 period of armed conflict, December seventh, nineteen hundred forty-one 6 through May eighth, nineteen hundred forty-five, and who (i) was 7 discharged or released therefrom under honorable conditions, or (ii) has 8 a qualifying condition, as defined in section one of the veterans' 9 services law, and has received a discharge other than bad conduct or 10 dishonorable from such service, or (iii) is a discharged LGBT veteran, 11 as defined in section one of the veterans' services law, and has 12 received a discharge other than bad conduct or dishonorable from such 13 service, or who served as a United States civilian Flight Crew and 14 Aviation Ground Support Employee of Pan American World Airways or one of 15 its subsidiaries or its affiliates and served overseas as a result of 16 Pan American's contract with Air Transport Command or Naval Air Trans- 17 port Service during the period of armed conflict, December fourteenth, 18 nineteen hundred forty-one through August fourteenth, nineteen hundred 19 forty-five, and who (iv) was discharged or released therefrom under 20 honorable conditions, or (v) has a qualifying condition, as defined in 21 section one of the veterans' services law, and has received a discharge 22 other than bad conduct or dishonorable from such service, or (vi) is a 23 discharged LGBT veteran, as defined in section one of the veterans' 24 services law, and has received a discharge other than bad conduct or 25 dishonorable from such service; or service in police duty on behalf of 26 the United States government in a foreign country, if such person is a 27 police officer, as defined by section 1.20 of the criminal procedure 28 law, and if such police officer obtained the prior consent of his or her 29 public employer to absent himself or herself from his or her position to 30 engage in the performance of such service; or as an enrollee in the 31 United States maritime service on active duty and, to such extent as may 32 be prescribed by or under the laws of the United States, any period 33 awaiting assignment to such service and any period of education or 34 training for such service in any school or institution under the juris- 35 diction of the United States government, but shall not include temporary 36 and intermittent gratuitous service in any reserve or auxiliary force. 37 It shall include time spent in reporting for and returning from military 38 duty and shall be deemed to commence when the public employee leaves his 39 or her position and to end when he or she is reinstated to his or her 40 position, provided such reinstatement is within ninety days after the 41 termination of military duty, as hereinafter defined. Notwithstanding 42 the foregoing provisions of this paragraph, the term "military duty" 43 shall not include any of the foregoing services entered upon voluntarily 44 on or after January first, nineteen hundred forty-seven and before June 45 twenty-fifth, nineteen hundred fifty; and, on or after July first, nine- 46 teen hundred seventy, the term "military duty" shall not include any 47 voluntary service in excess of four years performed after that date, or 48 the total of any voluntary services, additional or otherwise, in excess 49 of four years performed after that date, shall not exceed five years, if 50 the service in excess of four years is at the request and for the 51 convenience of the federal government, except if such voluntary service 52 is performed during a period of war, or national emergency declared by 53 the president. 54 § 7. This act shall take effect immediately and shall be deemed to 55 have been in full force and effect on and after April 1, 2023.
