Bill Text: NY S05194 | 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: Bipartisan Bill
Status: (Introduced) 2024-04-03 - PRINT NUMBER 5194C [S05194 Detail]
Download: New_York-2023-S05194-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 5194--C 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 -- recommitted to the Committee on Veterans, Homeland Security and Military Affairs in accordance with Senate Rule 6, sec. 8 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- 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. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD06757-10-4S. 5194--C 2 1 § 2. Section 63 of the public officers law, as amended by section 80 2 of part PP of chapter 56 of the laws of 2022, is amended to read as 3 follows: 4 § 63. Leave of absence for veterans on Memorial day and Veterans' day. 5 It shall be the duty of the head of every public department and of every 6 court of the state of New York, of every superintendent or foreman on 7 the public works of said state, of the county officers of the several 8 counties of said state, of the town officers of the various towns in 9 this state, of the fire district officers of the various fire districts 10 in this state, and of the head of every department, bureau and office in 11 the government of the various cities and villages in this state, and the 12 officers of any public benefit corporation or any public authority of 13 this state, or of any public benefit corporation or public authority of 14 any county or subdivision of this state, to give leave of absence with 15 pay for twenty-four hours on the day prescribed by law as a public holi- 16 day for the observance of Memorial day and on the eleventh day of Novem- 17 ber, known as Veterans' day, to every person in the service of the 18 state, the county, the town, the fire district, the city or village, the 19 public benefit corporation or public authority of this state, or any 20 public benefit corporation or public authority of any county or subdivi- 21 sion of this state, as the case may be, (i) who served on active duty in 22 the armed forces of the United States during world war I or world war 23 II, or who was employed by the War Shipping Administration or Office of 24 Defense Transportation or their agents as a merchant seaman documented 25 by the United States Coast Guard or Department of Commerce, or as a 26 civil servant employed by the United States Army Transport Service 27 (later redesignated as the United States Army Transportation Corps, 28 Water Division) or the Naval Transportation Service; and who served 29 satisfactorily as a crew member during the period of armed conflict, 30 December seventh, nineteen hundred forty-one, to August fifteenth, nine- 31 teen hundred forty-five, aboard merchant vessels in oceangoing, i.e., 32 foreign, intercoastal, or coastwise service as such terms are defined 33 under federal law (46 USCA 10301 & 10501) and further to include "near 34 foreign" voyages between the United States and Canada, Mexico, or the 35 West Indies via ocean routes, or public vessels in oceangoing service or 36 foreign waters and who has received a Certificate of Release or 37 Discharge from Active Duty and a discharge certificate, or an Honorable 38 Service Certificate/Report of Casualty, from the Department of Defense, 39 or who served as a United States civilian employed by the American Field 40 Service and served overseas under United States Armies and United States 41 Army Groups in world war II during the period of armed conflict, Decem- 42 ber seventh, nineteen hundred forty-one through May eighth, nineteen 43 hundred forty-five, and who (a) was discharged or released therefrom 44 under honorable conditions, or (b) has a qualifying condition, as 45 defined in section one of the veterans' services law, and has received a 46 discharge other than bad conduct or dishonorable from such service, or 47 (c) is a discharged LGBT veteran, as defined in section one of the 48 veterans' services law, and has received a discharge other than bad 49 conduct or dishonorable from such service or who served as a United 50 States civilian Flight Crew and Aviation Ground Support Employee of Pan 51 American World Airways or one of its subsidiaries or its affiliates and 52 served overseas as a result of Pan American's contract with Air Trans- 53 port Command or Naval Air Transport Service during the period of armed 54 conflict, December fourteenth, nineteen hundred forty-one through August 55 fourteenth, nineteen hundred forty-five, and who (d) was discharged or 56 released therefrom under honorable conditions, or (e) has a qualifyingS. 5194--C 3 1 condition, as defined in section one of the veterans' services law, and 2 has received a discharge other than bad conduct or dishonorable from 3 such service, or (f) is a discharged LGBT veteran, as defined in section 4 one of the veterans' services law, and has received a discharge other 5 than bad conduct or dishonorable from such service or during the period 6 of the Korean conflict at any time between the dates of June twenty-sev- 7 enth, nineteen hundred fifty and January thirty-first, nineteen hundred 8 fifty-five, or during the period of the Vietnam conflict from the first 9 day of November, nineteen hundred fifty-five to the seventh day of May, 10 nineteen hundred seventy-five, or (ii) who served on active duty in the 11 armed forces of the United States and who was a recipient of the armed 12 forces expeditionary medal, navy expeditionary medal or marine corps 13 expeditionary medal for participation in operations in Lebanon from June 14 first, nineteen hundred eighty-three to December first, nineteen hundred 15 eighty-seven, in Grenada from October twenty-third, nineteen hundred 16 eighty-three to November twenty-first, nineteen hundred eighty-three, or 17 in Panama from December twentieth, nineteen hundred eighty-nine to Janu- 18 ary thirty-first, nineteen hundred ninety, or (iii) who served in the 19 armed forces of a foreign country allied with the United States during 20 world war I or world war II, or during the period of the Korean conflict 21 at any time between June twenty-seventh, nineteen hundred fifty and 22 January thirty-first, nineteen hundred fifty-five, or during the period 23 of the Vietnam conflict from the first day of November, nineteen hundred 24 fifty-five to the seventh day of May, nineteen hundred seventy-five, or 25 during the period of the Persian Gulf conflict from the second day of 26 August, nineteen hundred ninety to the end of such conflict, or (iv) who 27 served on active duty in the army or navy or marine corps or air force 28 or coast guard or the commissioned corps of the national oceanic and 29 atmospheric administration or the commissioned corps of the public 30 health service of the United States, and who (a) was honorably 31 discharged or separated from such service under honorable conditions, or 32 (b) has a qualifying condition, as defined in section one of the veter- 33 ans' services law, and has received a discharge other than bad conduct 34 or dishonorable from such service, or (c) is a discharged LGBT veteran, 35 as defined in section one of the veterans' services law, and has 36 received a discharge other than bad conduct or dishonorable from such 37 service except where such action would endanger the public safety or the 38 safety or health of persons cared for by the state, in which event such 39 persons shall be entitled to leave of absence with pay on another day in 40 lieu thereof. All such persons who are compensated on a per diem, hour- 41 ly, semi-monthly or monthly basis, with or without maintenance, shall 42 also be entitled to leave of absence with pay under the provisions of 43 this section and no deduction in vacation allowance or budgetary allow- 44 able number of working days shall be made in lieu thereof. A refusal to 45 give such leave of absence to one entitled thereto shall be neglect of 46 duty. 47 § 3. Paragraph (b) of subdivision 1 of section 243 of the military 48 law, as amended by section 71 of part PP of chapter 56 of the laws of 49 2022, is amended to read as follows: 50 (b) The term "military duty" shall mean military service in the mili- 51 tary, naval, aviation or marine service of the United States subsequent 52 to July first, nineteen hundred forty, or service under the selective 53 training and service act of nineteen hundred forty, or the national 54 guard and reserve officers mobilization act of nineteen hundred forty, 55 or any other act of congress supplementary or amendatory thereto, or any 56 similar act of congress hereafter enacted and irrespective of the factS. 5194--C 4 1 that such service was entered upon following a voluntary enlistment 2 therefor or was required under one of the foregoing acts of congress, or 3 service with the United States public health service as a commissioned 4 officer, or service with the national oceanic and atmospheric adminis- 5 tration as a commissioned officer, or service with the American Red 6 Cross while with the armed forces of the United States on foreign 7 service, or service with the special services section of the armed forc- 8 es of the United States on foreign service, or service in the merchant 9 marine which shall consist of service as an officer or member of the 10 crew on or in connection with a vessel documented under the laws of the 11 United States or a vessel owned by, chartered to, or operated by or for 12 the account or use of the government of the United States, or service by 13 one who was employed by the War Shipping Administration or Office of 14 Defense Transportation or their agents as a merchant seaman documented 15 by the United States Coast Guard or Department of Commerce, or as a 16 civil servant employed by the United States Army Transport Service 17 (later redesignated as the United States Army Transportation Corps, 18 Water Division) or the Naval Transportation Service; and who served 19 satisfactorily as a crew member during the period of armed conflict, 20 December seventh, nineteen hundred forty-one, to August fifteenth, nine- 21 teen hundred forty-five, aboard merchant vessels in oceangoing, i.e., 22 foreign, intercoastal, or coastwise service as such terms are defined 23 under federal law (46 USCA 10301 & 10501) and further to include "near 24 foreign" voyages between the United States and Canada, Mexico, or the 25 West Indies via ocean routes, or public vessels in oceangoing service or 26 foreign waters and who has received a Certificate of Release or 27 Discharge from Active Duty and a discharge certificate, or an Honorable 28 Service Certificate/Report of Casualty, from the Department of Defense, 29 or who served as a United States civilian employed by the American Field 30 Service and served overseas under United States Armies and United States 31 Army Groups in world war II during the period of armed conflict, Decem- 32 ber seventh, nineteen hundred forty-one through May eighth, nineteen 33 hundred forty-five, and who (i) was discharged or released therefrom 34 under honorable conditions, or (ii) has a qualifying condition, as 35 defined in section one of the veterans' services law, and has received a 36 discharge other than bad conduct or dishonorable from such service, or 37 (iii) is a discharged LGBT veteran, 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 who served as a United 40 States civilian Flight Crew and Aviation Ground Support Employee of Pan 41 American World Airways or one of its subsidiaries or its affiliates and 42 served overseas as a result of Pan American's contract with Air Trans- 43 port Command or Naval Air Transport Service during the period of armed 44 conflict, December fourteenth, nineteen hundred forty-one through August 45 fourteenth, nineteen hundred forty-five, and who (iv) was discharged or 46 released therefrom under honorable conditions, or (v) has a qualifying 47 condition, as defined in section one of the veterans' services law, and 48 has received a discharge other than bad conduct or dishonorable from 49 such service, or (vi) is a discharged LGBT veteran, as defined in 50 section one of the veterans' services law, and has received a discharge 51 other than bad conduct or dishonorable from such service; or service in 52 police duty on behalf of the United States government in a foreign coun- 53 try, if such person is a police officer, as defined by section 1.20 of 54 the criminal procedure law, and if such police officer obtained the 55 prior consent of his or her public employer to absent himself or herself 56 from his or her position to engage in the performance of such service;S. 5194--C 5 1 or as an enrollee in the United States maritime service on active duty 2 and, to such extent as may be prescribed by or under the laws of the 3 United States, any period awaiting assignment to such service and any 4 period of education or training for such service in any school or insti- 5 tution under the jurisdiction of the United States government, but shall 6 not include temporary and intermittent gratuitous service in any reserve 7 or auxiliary force. It shall include time spent in reporting for and 8 returning from military duty and shall be deemed to commence when the 9 public employee leaves his or her position and to end when he or she is 10 reinstated to his or her position, provided such reinstatement is within 11 ninety days after the termination of military duty, as hereinafter 12 defined. Notwithstanding the foregoing provisions of this paragraph, the 13 term "military duty" shall not include any of the foregoing services 14 entered upon voluntarily on or after January first, nineteen hundred 15 forty-seven and before June twenty-fifth, nineteen hundred fifty; and, 16 on or after July first, nineteen hundred seventy, the term "military 17 duty" shall not include any voluntary service in excess of four years 18 performed after that date, or the total of any voluntary services, addi- 19 tional or otherwise, in excess of four years performed after that date, 20 shall not exceed five years, if the service in excess of four years is 21 at the request and for the convenience of the federal government, except 22 if such voluntary service is performed during a period of war, or 23 national emergency declared by the president. 24 § 4. This act shall take effect on the first of April next succeeding 25 the date on which it shall have become a law.