Bill Text: NY A05843 | 2019-2020 | General Assembly | Introduced
Bill Title: Requires the head official of a law enforcement department to enforce a special schedule on Memorial day and Veterans' day that allows law enforcement officers, who are veterans entitled to paid leave, to take such leave on such public holidays.
Spectrum: Slight Partisan Bill (Republican 7-3)
Status: (Introduced - Dead) 2020-07-16 - held for consideration in governmental operations [A05843 Detail]
Download: New_York-2019-A05843-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 5843 2019-2020 Regular Sessions IN ASSEMBLY February 20, 2019 ___________ Introduced by M. of A. LALOR, ASHBY, DeSTEFANO, FINCH, HAWLEY, NORRIS, PICHARDO, THIELE -- Multi-Sponsored by -- M. of A. ABBATE, WALSH -- read once and referred to the Committee on Governmental Operations AN ACT to amend the public officers law, in relation to requiring the head official of any state law enforcement department to enforce a special schedule on Memorial day and Veterans' day that allows law enforcement officers, who are veterans entitled to paid leave, to take such leave The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 63 of the public officers law, as amended by chap- 2 ter 179 of the laws of 2006, is amended to read as follows: 3 § 63. Leave of absence for veterans on Memorial day and Veterans' day. 4 It shall be the duty of the head of every public department and of every 5 court of the state of New York, of every superintendent or foreman on 6 the public works of said state, of the county officers of the several 7 counties of said state, of the town officers of the various towns in 8 this state, of the fire district officers of the various fire districts 9 in this state, and of the head of every department, bureau and office in 10 the government of the various cities and villages in this state, and the 11 officers of any public benefit corporation or any public authority of 12 this state, or of any public benefit corporation or public authority of 13 any county or subdivision of this state, to give leave of absence with 14 pay for twenty-four hours on the day prescribed by law as a public holi- 15 day for the observance of Memorial day and on the eleventh day of Novem- 16 ber, known as Veterans' day, to every person in the service of the 17 state, the county, the town, the fire district, the city or village, the 18 public benefit corporation or public authority of this state, or any 19 public benefit corporation or public authority of any county or subdivi- 20 sion of this state, as the case may be, (i) who served on active duty in 21 the armed forces of the United States during world war I or world war EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD01080-01-9A. 5843 2 1 II, or who was employed by the War Shipping Administration or Office of 2 Defense Transportation or their agents as a merchant seaman documented 3 by the United States Coast Guard or Department of Commerce, or as a 4 civil servant employed by the United States Army Transport Service 5 (later redesignated as the United States Army Transportation Corps, 6 Water Division) or the Naval Transportation Service; and who served 7 satisfactorily as a crew member during the period of armed conflict, 8 December seventh, nineteen hundred forty-one, to August fifteenth, nine- 9 teen hundred forty-five, aboard merchant vessels in oceangoing, i.e., 10 foreign, intercoastal, or coastwise service as such terms are defined 11 under federal law (46 USCA 10301 & 10501) and further to include "near 12 foreign" voyages between the United States and Canada, Mexico, or the 13 West Indies via ocean routes, or public vessels in oceangoing service or 14 foreign waters and who has received a Certificate of Release or 15 Discharge from Active Duty and a discharge certificate, or an Honorable 16 Service Certificate/Report of Casualty, from the Department of Defense, 17 or who served as a United States civilian employed by the American Field 18 Service and served overseas under United States Armies and United States 19 Army Groups in world war II during the period of armed conflict, Decem- 20 ber seventh, nineteen hundred forty-one through May eighth, nineteen 21 hundred forty-five, and who was discharged or released therefrom under 22 honorable conditions, or who served as a United States civilian Flight 23 Crew and Aviation Ground Support Employee of Pan American World Airways 24 or one of its subsidiaries or its affiliates and served overseas as a 25 result of Pan American's contract with Air Transport Command or Naval 26 Air Transport Service during the period of armed conflict, December 27 fourteenth, nineteen hundred forty-one through August fourteenth, nine- 28 teen hundred forty-five, and who was discharged or released therefrom 29 under honorable conditions, or during the period of the Korean conflict 30 at any time between the dates of June twenty-seventh, nineteen hundred 31 fifty and January thirty-first, nineteen hundred fifty-five, or during 32 the period of the Vietnam conflict from the twenty-eighth day of Febru- 33 ary, nineteen hundred sixty-one to the seventh day of May, nineteen 34 hundred seventy-five, or (ii) who served on active duty in the armed 35 forces of the United States and who was a recipient of the armed forces 36 expeditionary medal, navy expeditionary medal or marine corps expedi- 37 tionary medal for participation in operations in Lebanon from June 38 first, nineteen hundred eighty-three to December first, nineteen hundred 39 eighty-seven, in Grenada from October twenty-third, nineteen hundred 40 eighty-three to November twenty-first, nineteen hundred eighty-three, or 41 in Panama from December twentieth, nineteen hundred eighty-nine to Janu- 42 ary thirty-first, nineteen hundred ninety, or (iii) who served in the 43 armed forces of a foreign country allied with the United States during 44 world war I or world war II, or during the period of the Korean conflict 45 at any time between June twenty-seventh, nineteen hundred fifty and 46 January thirty-first, nineteen hundred fifty-five, or during the period 47 of the Vietnam conflict from the twenty-eighth day of February, nineteen 48 hundred sixty-one to the seventh day of May, nineteen hundred seventy- 49 five, or during the period of the Persian Gulf conflict from the second 50 day of August, nineteen hundred ninety to the end of such conflict, or 51 who served on active duty in the army or navy or marine corps or air 52 force or coast guard of the United States, and who was honorably 53 discharged or separated from such service under honorable conditions, 54 except where such action would endanger the public safety or the safety 55 or health of persons cared for by the state, in which event such persons 56 shall be entitled to leave of absence with pay on another day in lieuA. 5843 3 1 thereof. The head official of any state law enforcement department or 2 agency shall make every practicable effort to ensure that any member of 3 his or her law enforcement department or agency shall be allowed to take 4 such paid leave of absence. Such official shall plan and enforce a sche- 5 dule on such public holiday which shall utilize those members of his or 6 her law enforcement department or agency who are not veterans, before 7 scheduling those members entitled to such paid leave for such public 8 holiday. All such persons who are compensated on a per diem, hourly, 9 semi-monthly or monthly basis, with or without maintenance, shall also 10 be entitled to leave of absence with pay under the provisions of this 11 section and no deduction in vacation allowance or budgetary allowable 12 number of working days shall be made in lieu thereof. A refusal to give 13 such leave of absence to one entitled thereto shall be neglect of duty. 14 § 2. This act shall take effect immediately.
