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