Bill Text: NY S06159 | 2019-2020 | General Assembly | Introduced

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Bill Title: Redefines the term "veteran".

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Engrossed - Dead) 2020-12-28 - COMMITTED TO RULES [S06159 Detail]

Download: New_York-2019-S06159-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          6159

                               2019-2020 Regular Sessions

                    IN SENATE

                                      May 20, 2019
                                       ___________

        Introduced  by  Sen.  BROOKS  -- (at request of the Division of Veterans
          Affairs) -- read twice and ordered printed, and  when  printed  to  be
          committed to the Committee on Veterans, Homeland Security and Military
          Affairs

        AN  ACT  to  amend the executive law, in relation to redefining the term
          "veteran"

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.  Subdivision  3  of  section  350  of the executive law is
     2  amended to read as follows:
     3    3. The term "veteran" means a person[, male  or  female,  resident  of
     4  this  state,  who  has served in the active military or naval service of
     5  the United States during a war in which the United  States  engaged  and
     6  who  has  been released from such service otherwise than by dishonorable
     7  discharge, or who has been furloughed to the reserve] who has served  on
     8  active duty service in the armed forces of the United States, or service
     9  in  the Army national guard, air national guard, commissioned officer in
    10  the public health service, commissioned officer of the national  oceanic
    11  and atmospheric administration or environmental sciences services admin-
    12  istration,  cadet  at  a  United  States armed forces service academy or
    13  provisions under 38 U.S.C. § 106, and who has been  released  from  such
    14  service under honorable conditions.
    15    §  2.  Subdivisions  4, 5, 6 and 7 of section 350 of the executive law
    16  are renumbered subdivisions 6, 7, 8 and 9.
    17    § 3. Section 350 of the executive law is amended by adding  three  new
    18  subdivisions 4, 5 and 10 to read as follows:
    19    4.  The  term "combat veteran" means a person who has served on active
    20  duty Title 10 U.S.C. service, "other than  active  duty  for  training,"
    21  during  a  period of war as defined by 38 C.F.R. § 3.2 and is in receipt
    22  of a combat identification badge,  or  a  medal  or  ribbon  identifying
    23  participation  in  combat  operations, or qualifying service in Lebanon,

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09188-01-9
        S. 6159                             2

     1  Grenada or  Panama  or  such  combat  service  as  documented  on  their
     2  discharge,  and  who has been released from such service under honorable
     3  conditions.
     4    5.  The  term  "wartime  era veteran" means a person who has served on
     5  active duty Title 10 U.S.C. service, in the armed forces of  the  United
     6  States  other than "active duty for training," or full time active guard
     7  reserve (AGR) under Title 32 U.S.C. § 502(f) or Title 14 U.S.C. during a
     8  period of war as defined by Title 38 C.F.R. § 3.2 and has been  released
     9  from such service under honorable conditions.
    10    10.  The term "qualifying service in Lebanon, Grenada or Panama" means
    11  military service in Lebanon from June first,  nineteen  hundred  eighty-
    12  three  to December first, nineteen hundred eighty-seven, in Grenada from
    13  October twenty-third, nineteen hundred eighty-three to November  twenty-
    14  first, nineteen hundred eighty-three, or in Panama from December twenti-
    15  eth,  nineteen  hundred  eighty-nine  to  January thirty-first, nineteen
    16  hundred ninety.
    17    § 4. Subdivision 6 of section 350 of the executive law, as  renumbered
    18  by section two of this act, is amended to read as follows:
    19    6.    The  term "armed forces" means the [military and naval forces of
    20  the United States] army, navy, air force, marine corps, and coast guard,
    21  including the reserve components thereof as described in Title 38 U.S.C.
    22  § 101 (10).
    23    § 5. Subdivision 1 of section 357 of the executive law, as amended  by
    24  chapter 43 of the laws of 1996, is amended to read as follows:
    25    1.  County  veterans'  service  agencies. There shall be established a
    26  county veterans' service agency in each county not wholly included with-
    27  in a city, and there shall be a county director of each county veterans'
    28  service agency. Any county director hired after the  effective  date  of
    29  this  statute  shall be a veteran as defined in [New York state statute]
    30  section three hundred fifty of this article.  The chairman of the  board
    31  of  supervisors  of a county, with the approval of the board of supervi-
    32  sors, shall appoint and may at pleasure remove a county director of  the
    33  county  veterans'  service  agency for such county. In a county having a
    34  county president, a county executive or other chief  executive  officer,
    35  such  president  or  executive officer shall appoint and may at pleasure
    36  remove a county director. The county director may be paid  such  compen-
    37  sation  as  shall  be  fixed  by the appointing officer and the board of
    38  supervisors. The county  director  shall  appoint  such  assistants  and
    39  employees  as  he may deem necessary, other than those, if any, supplied
    40  by the state; he may prescribe the duties of those appointed by him  and
    41  fix  their  salaries  within  the appropriations made available for that
    42  purpose by the county and may at pleasure remove any such assistants  or
    43  employees.  The  county  director shall have jurisdiction throughout the
    44  territorial limits of the county, including any city therein which  does
    45  not have a city veterans' service agency, provided that after the estab-
    46  lishment of a city veterans' service agency in any such city, the county
    47  director shall not have jurisdiction within such city.
    48    §  6.  Paragraph  (a) of subdivision 3 of section 357 of the executive
    49  law, as added by chapter 198 of the laws of 2013, is amended to read  as
    50  follows:
    51    (a)  Current  county  or  city  directors [within three years from the
    52  effective date of this subdivision] shall [take all steps necessary  to]
    53  be  accredited  as  a veterans service organization (VSO) representative
    54  within one year of appointment as director or acting director.  Accredi-
    55  tation  shall mean the authority granted by the United States Department
    56  of Veterans Affairs to assist veterans and their family members  in  the
        S. 6159                             3

     1  preparation, presentation, and prosecution of claims for benefits pursu-
     2  ant  to  section  5902 of Title 38 U.S.C. and section 14.628 of Title 38
     3  Code of Federal Regulations. Once an application  for  accreditation  is
     4  approved  by  the  General  Counsel  of  the United States Department of
     5  Veterans Affairs and the applicant  is  notified  of  this  action,  the
     6  director of the county or city veterans service agency shall file a copy
     7  of  the  accreditation certificate from the appropriate veterans service
     8  organization with the director of the division. Such accreditation shall
     9  be maintained during the duration of his or her status as a director  of
    10  such  county  or city veterans service agency. The director of the divi-
    11  sion may determine that satisfactory completion of a course or  instruc-
    12  tion  on  veterans' benefits approved by the United States Department of
    13  Veterans Affairs and conducted by the division may fulfill the  require-
    14  ments of this subdivision.
    15    §  7. Subdivision 1 of section 358 of the executive law, as amended by
    16  chapter 106 of the laws of 2003, is amended to read as follows:
    17    1. A local veterans' service agency shall have power under the  direc-
    18  tion  of the state veterans' service agency, and it shall be its duty to
    19  inform military and naval authorities of the United  States  and  assist
    20  members  of  the armed forces, members of the national guard and reserve
    21  components of the armed forces, and veterans, who are residents of  this
    22  state,  and  their  families,  in  relation to (1) matters pertaining to
    23  educational training and retraining services and facilities, (2) health,
    24  medical and rehabilitation services and facilities,  (3)  provisions  of
    25  federal,  state  and local laws and regulations affording special rights
    26  and privileges to members of the armed forces and war veterans and their
    27  families, (4) employment  and  re-employment  services,  and  (5)  other
    28  matters  of  similar,  related  or appropriate nature, including but not
    29  limited to referral to New York state agencies, authorities,  divisions,
    30  and  other  entities  responsible  for providing services in employment,
    31  healthcare, housing, access to  veterans'  benefits  and  programs,  and
    32  other services. The local veterans' service agency may also assist fami-
    33  lies  of  members  of the reserve components of the armed forces and the
    34  organized militia ordered into active duty to ensure that they are  made
    35  aware of and are receiving all appropriate support available to them and
    36  are  placed  in  contact with the agencies responsible for such support,
    37  including, but not limited  to,  the  division  of  military  and  naval
    38  affairs and other state agencies responsible for providing such support.
    39  The  local veterans' service agency also shall perform such other duties
    40  as may be assigned by the state director.
    41    § 8. The opening paragraph of paragraph a of subdivision 1 of  section
    42  364 of the executive law, as amended by chapter 333 of the laws of 1993,
    43  is amended to read as follows:
    44    The  word  "veteran,"  as used in this article [shall be taken to mean
    45  and include any person who is a resident of the state of New  York,  and
    46  who has been or may be given an honorable, general or ordinary discharge
    47  or  any  other  form of release from such service, except a dishonorable
    48  discharge,  a  bad  conduct  discharge,  an  undesirable  discharge,   a
    49  discharge  without honor or a discharge for the good of the service, and
    50  who (i) was a recipient of the armed  forces  expeditionary  medal,  the
    51  navy  expeditionary  medal  or  the marine corps expeditionary medal for
    52  participation in operations in Lebanon from June first, nineteen hundred
    53  eighty-three to December first, nineteen hundred eighty-seven, in Grena-
    54  da from October twenty-third, nineteen hundred eighty-three to  November
    55  twenty-first,  nineteen hundred eighty-three, or in Panama from December
    56  twentieth, nineteen hundred eighty-nine to January  thirty-first,  nine-
        S. 6159                             4

     1  teen  hundred  ninety,  or (ii) served on active duty for ninety days or
     2  more in the armed forces of the United States during any  one]  means  a
     3  "wartime  era  veteran"  as defined in subdivision five of section three
     4  hundred fifty of this article who is a resident of the state of New York
     5  and  has  served for ninety days of active duty service one day of which
     6  was during any of the following wars or hostilities:
     7    § 9. Paragraph b of subdivision 1 of section 364 of the executive law,
     8  as added by chapter 424 of the laws of  1961,  is  amended  to  read  as
     9  follows:
    10    b.  The  word "veteran" shall also mean any person who meets the other
    11  requirements of paragraph a of this subdivision, who  served  on  active
    12  duty  for less than ninety days, if he or she was discharged or released
    13  from such service for a service-connected disability [or who served  for
    14  a  period  of  ninety  consecutive days or more and such period began or
    15  ended during any war or period of hostilities as defined in paragraph  a
    16  of this subdivision].
    17    §  10.  Paragraph  b  of subdivision 1 of section 366 of the executive
    18  law, as added by chapter 743 of the laws of 2006, is amended to read  as
    19  follows:
    20    b.  "Veteran" means a person[, male or female, resident of this state,
    21  who has served in the active military,  naval  or  air  service  of  the
    22  United  States  during  a time of war in which the United States engaged
    23  and who has been released from such service otherwise than by  dishonor-
    24  able discharge, or who has been furloughed to the reserve] as defined in
    25  subdivision five of section three hundred fifty of this article;
    26    § 11. Subdivision 3 of section 369-b of the executive law, as added by
    27  chapter 557 of the laws of 2013, is amended to read as follows:
    28    3.  "Veteran"  shall  mean [an individual who served on active duty in
    29  the United States army, navy, marine corps, air force,  coast  guard  or
    30  the  reserves component, or who served in active military service of the
    31  United States as a member of  the  army  national  guard,  air  national
    32  guard,  New  York guard or New York naval militia, who was released from
    33  such service otherwise then by dishonorable  discharge  after  September
    34  eleventh,  two  thousand one] a person as defined in subdivision five of
    35  section three hundred fifty of this chapter.
    36    § 12. Subdivisions 5 and 7 of section 369-h of the executive  law,  as
    37  added  by chapter 22 of the laws of 2014, are amended and a new subdivi-
    38  sion 8 is added to read as follows:
    39    5. "Service-disabled veteran" shall mean  [(a)  in  the  case  of  the
    40  United States army, navy, air force, marines, coast guard, army national
    41  guard  or  air  national  guard  and/or  reserves thereof,] a veteran as
    42  defined in subdivision three of section  three  hundred  fifty  of  this
    43  chapter  who [received] is currently in receipt of a compensation rating
    44  of ten percent or greater from the United States department of  veterans
    45  affairs  or  from  the  United States department of defense because of a
    46  service-connected disability incurred in the line of duty[, and  (b)  in
    47  the  case  of  the  New  York guard or the New York naval militia and/or
    48  reserves thereof, a veteran who certifies, pursuant  to  the  rules  and
    49  regulations  promulgated  by  the director, to having incurred an injury
    50  equivalent to a compensation rating of ten percent or greater  from  the
    51  United  States  department of veterans affairs or from the United States
    52  department of defense because of a service-connected disability incurred
    53  in the line of duty].
    54    7. "Veteran" shall mean a person [who served in and who  has  received
    55  an  honorable  or  general discharge from, the United States army, navy,
    56  air force, marines, coast guard, and/or reserves thereof, and/or in  the
        S. 6159                             5

     1  army  national  guard, air national guard, New York guard and/or the New
     2  York naval militia] as defined in subdivision  three  of  section  three
     3  hundred fifty of this chapter.
     4    8.  The  term  "armed  forces"  shall  mean the army, navy, air force,
     5  marine corps, and coast guard as  described  in  Title  38  U.S.C.  §101
     6  (a)(4).
     7    §  13.  This act shall take effect immediately; provided, however that
     8  the amendments to section 369-h of the executive  law  made  by  section
     9  twelve of this act shall be subject to the repeal of such section pursu-
    10  ant to section 4 of chapter 22 of the laws of 2014, as amended.