S T A T E O F N E W Y O R K
________________________________________________________________________
6159
2019-2020 Regular Sessions
I N S E N A T E
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:
Section 1. Subdivision 3 of section 350 of the executive law is
amended to read as follows:
3. The term "veteran" means a person[, male or female, resident of
this state, who has served in the active military or naval service of
the United States during a war in which the United States engaged and
who has been released from such service otherwise than by dishonorable
discharge, or who has been furloughed to the reserve] WHO HAS SERVED ON
ACTIVE DUTY SERVICE IN THE ARMED FORCES OF THE UNITED STATES, OR SERVICE
IN THE ARMY NATIONAL GUARD, AIR NATIONAL GUARD, COMMISSIONED OFFICER IN
THE PUBLIC HEALTH SERVICE, COMMISSIONED OFFICER OF THE NATIONAL OCEANIC
AND ATMOSPHERIC ADMINISTRATION OR ENVIRONMENTAL SCIENCES SERVICES ADMIN-
ISTRATION, CADET AT A UNITED STATES ARMED FORCES SERVICE ACADEMY OR
PROVISIONS UNDER 38 U.S.C. § 106, AND WHO HAS BEEN RELEASED FROM SUCH
SERVICE UNDER HONORABLE CONDITIONS.
§ 2. Subdivisions 4, 5, 6 and 7 of section 350 of the executive law
are renumbered subdivisions 6, 7, 8 and 9.
§ 3. Section 350 of the executive law is amended by adding three new
subdivisions 4, 5 and 10 to read as follows:
4. THE TERM "COMBAT VETERAN" MEANS A PERSON WHO HAS SERVED ON ACTIVE
DUTY TITLE 10 U.S.C. SERVICE, "OTHER THAN ACTIVE DUTY FOR TRAINING,"
DURING A PERIOD OF WAR AS DEFINED BY 38 C.F.R. § 3.2 AND IS IN RECEIPT
OF A COMBAT IDENTIFICATION BADGE, OR A MEDAL OR RIBBON IDENTIFYING
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
GRENADA OR PANAMA OR SUCH COMBAT SERVICE AS DOCUMENTED ON THEIR
DISCHARGE, AND WHO HAS BEEN RELEASED FROM SUCH SERVICE UNDER HONORABLE
CONDITIONS.
5. THE TERM "WARTIME ERA VETERAN" MEANS A PERSON WHO HAS SERVED ON
ACTIVE DUTY TITLE 10 U.S.C. SERVICE, IN THE ARMED FORCES OF THE UNITED
STATES OTHER THAN "ACTIVE DUTY FOR TRAINING," OR FULL TIME ACTIVE GUARD
RESERVE (AGR) UNDER TITLE 32 U.S.C. § 502(F) OR TITLE 14 U.S.C. DURING A
PERIOD OF WAR AS DEFINED BY TITLE 38 C.F.R. § 3.2 AND HAS BEEN RELEASED
FROM SUCH SERVICE UNDER HONORABLE CONDITIONS.
10. THE TERM "QUALIFYING SERVICE IN LEBANON, GRENADA OR PANAMA" MEANS
MILITARY SERVICE IN LEBANON FROM JUNE FIRST, NINETEEN HUNDRED EIGHTY-
THREE 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 TWENTI-
ETH, NINETEEN HUNDRED EIGHTY-NINE TO JANUARY THIRTY-FIRST, NINETEEN
HUNDRED NINETY.
§ 4. Subdivision 6 of section 350 of the executive law, as renumbered
by section two of this act, is amended to read as follows:
6. The term "armed forces" means the [military and naval forces of
the United States] ARMY, NAVY, AIR FORCE, MARINE CORPS, AND COAST GUARD,
INCLUDING THE RESERVE COMPONENTS THEREOF AS DESCRIBED IN TITLE 38 U.S.C.
§ 101 (10).
§ 5. Subdivision 1 of section 357 of the executive law, as amended by
chapter 43 of the laws of 1996, is amended to read as follows:
1. County veterans' service agencies. There shall be established a
county veterans' service agency in each county not wholly included with-
in a city, and there shall be a county director of each county veterans'
service agency. Any county director hired after the effective date of
this statute shall be a veteran as defined in [New York state statute]
SECTION THREE HUNDRED FIFTY OF THIS ARTICLE. The chairman of the board
of supervisors of a county, with the approval of the board of supervi-
sors, shall appoint and may at pleasure remove a county director of the
county veterans' service agency for such county. In a county having a
county president, a county executive or other chief executive officer,
such president or executive officer shall appoint and may at pleasure
remove a county director. The county director may be paid such compen-
sation as shall be fixed by the appointing officer and the board of
supervisors. The county director shall appoint such assistants and
employees as he may deem necessary, other than those, if any, supplied
by the state; he may prescribe the duties of those appointed by him and
fix their salaries within the appropriations made available for that
purpose by the county and may at pleasure remove any such assistants or
employees. The county director shall have jurisdiction throughout the
territorial limits of the county, including any city therein which does
not have a city veterans' service agency, provided that after the estab-
lishment of a city veterans' service agency in any such city, the county
director shall not have jurisdiction within such city.
§ 6. Paragraph (a) of subdivision 3 of section 357 of the executive
law, as added by chapter 198 of the laws of 2013, is amended to read as
follows:
(a) Current county or city directors [within three years from the
effective date of this subdivision] shall [take all steps necessary to]
be accredited as a veterans service organization (VSO) representative
WITHIN ONE YEAR OF APPOINTMENT AS DIRECTOR OR ACTING DIRECTOR. Accredi-
tation shall mean the authority granted by the United States Department
of Veterans Affairs to assist veterans and their family members in the
S. 6159 3
preparation, presentation, and prosecution of claims for benefits pursu-
ant to section 5902 of Title 38 U.S.C. and section 14.628 of Title 38
Code of Federal Regulations. Once an application for accreditation is
approved by the General Counsel of the United States Department of
Veterans Affairs and the applicant is notified of this action, the
director of the county or city veterans service agency shall file a copy
of the accreditation certificate from the appropriate veterans service
organization with the director of the division. Such accreditation shall
be maintained during the duration of his or her status as a director of
such county or city veterans service agency. The director of the divi-
sion may determine that satisfactory completion of a course or instruc-
tion on veterans' benefits approved by the United States Department of
Veterans Affairs and conducted by the division may fulfill the require-
ments of this subdivision.
§ 7. Subdivision 1 of section 358 of the executive law, as amended by
chapter 106 of the laws of 2003, is amended to read as follows:
1. A local veterans' service agency shall have power under the direc-
tion of the state veterans' service agency, and it shall be its duty to
inform military and naval authorities of the United States and assist
members of the armed forces, MEMBERS OF THE NATIONAL GUARD AND RESERVE
COMPONENTS OF THE ARMED FORCES, and veterans, who are residents of this
state, and their families, in relation to (1) matters pertaining to
educational training and retraining services and facilities, (2) health,
medical and rehabilitation services and facilities, (3) provisions of
federal, state and local laws and regulations affording special rights
and privileges to members of the armed forces and war veterans and their
families, (4) employment and re-employment services, and (5) other
matters of similar, related or appropriate nature, INCLUDING BUT NOT
LIMITED TO REFERRAL TO NEW YORK STATE AGENCIES, AUTHORITIES, DIVISIONS,
AND OTHER ENTITIES RESPONSIBLE FOR PROVIDING SERVICES IN EMPLOYMENT,
HEALTHCARE, HOUSING, ACCESS TO VETERANS' BENEFITS AND PROGRAMS, AND
OTHER SERVICES. The local veterans' service agency may also assist fami-
lies of members of the reserve components of the armed forces and the
organized militia ordered into active duty to ensure that they are made
aware of and are receiving all appropriate support available to them and
are placed in contact with the agencies responsible for such support,
including, but not limited to, the division of military and naval
affairs and other state agencies responsible for providing such support.
The local veterans' service agency also shall perform such other duties
as may be assigned by the state director.
§ 8. The opening paragraph of paragraph a of subdivision 1 of section
364 of the executive law, as amended by chapter 333 of the laws of 1993,
is amended to read as follows:
The word "veteran," as used in this article [shall be taken to mean
and include any person who is a resident of the state of New York, and
who has been or may be given an honorable, general or ordinary discharge
or any other form of release from such service, except a dishonorable
discharge, a bad conduct discharge, an undesirable discharge, a
discharge without honor or a discharge for the good of the service, and
who (i) was 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, nineteen hundred
eighty-three to December first, nineteen hundred eighty-seven, in Grena-
da 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, nine-
S. 6159 4
teen hundred ninety, or (ii) served on active duty for ninety days or
more in the armed forces of the United States during any one] MEANS A
"WARTIME ERA VETERAN" AS DEFINED IN SUBDIVISION FIVE OF SECTION THREE
HUNDRED FIFTY OF THIS ARTICLE WHO IS A RESIDENT OF THE STATE OF NEW YORK
AND HAS SERVED FOR NINETY DAYS OF ACTIVE DUTY SERVICE ONE DAY OF WHICH
WAS DURING ANY of the following wars or hostilities:
§ 9. Paragraph b of subdivision 1 of section 364 of the executive law,
as added by chapter 424 of the laws of 1961, is amended to read as
follows:
b. The word "veteran" shall also mean any person who meets the other
requirements of paragraph a of this subdivision, who served on active
duty for less than ninety days, if he or she was discharged or released
from such service for a service-connected disability [or who served for
a period of ninety consecutive days or more and such period began or
ended during any war or period of hostilities as defined in paragraph a
of this subdivision].
§ 10. Paragraph b of subdivision 1 of section 366 of the executive
law, as added by chapter 743 of the laws of 2006, is amended to read as
follows:
b. "Veteran" means a person[, male or female, resident of this state,
who has served in the active military, naval or air service of the
United States during a time of war in which the United States engaged
and who has been released from such service otherwise than by dishonor-
able discharge, or who has been furloughed to the reserve] AS DEFINED IN
SUBDIVISION FIVE OF SECTION THREE HUNDRED FIFTY OF THIS ARTICLE;
§ 11. Subdivision 3 of section 369-b of the executive law, as added by
chapter 557 of the laws of 2013, is amended to read as follows:
3. "Veteran" shall mean [an individual who served on active duty in
the United States army, navy, marine corps, air force, coast guard or
the reserves component, or who served in active military service of the
United States as a member of the army national guard, air national
guard, New York guard or New York naval militia, who was released from
such service otherwise then by dishonorable discharge after September
eleventh, two thousand one] A PERSON AS DEFINED IN SUBDIVISION FIVE OF
SECTION THREE HUNDRED FIFTY OF THIS CHAPTER.
§ 12. Subdivisions 5 and 7 of section 369-h of the executive law, as
added by chapter 22 of the laws of 2014, are amended and a new subdivi-
sion 8 is added to read as follows:
5. "Service-disabled veteran" shall mean [(a) in the case of the
United States army, navy, air force, marines, coast guard, army national
guard or air national guard and/or reserves thereof,] a veteran AS
DEFINED IN SUBDIVISION THREE OF SECTION THREE HUNDRED FIFTY OF THIS
CHAPTER who [received] IS CURRENTLY IN RECEIPT OF a compensation rating
of ten percent or greater from the United States department of veterans
affairs or from the United States department of defense because of a
service-connected disability incurred in the line of duty[, and (b) in
the case of the New York guard or the New York naval militia and/or
reserves thereof, a veteran who certifies, pursuant to the rules and
regulations promulgated by the director, to having incurred an injury
equivalent to a compensation rating of ten percent or greater from the
United States department of veterans affairs or from the United States
department of defense because of a service-connected disability incurred
in the line of duty].
7. "Veteran" shall mean a person [who served in and who has received
an honorable or general discharge from, the United States army, navy,
air force, marines, coast guard, and/or reserves thereof, and/or in the
S. 6159 5
army national guard, air national guard, New York guard and/or the New
York naval militia] AS DEFINED IN SUBDIVISION THREE OF SECTION THREE
HUNDRED FIFTY OF THIS CHAPTER.
8. THE TERM "ARMED FORCES" SHALL MEAN THE ARMY, NAVY, AIR FORCE,
MARINE CORPS, AND COAST GUARD AS DESCRIBED IN TITLE 38 U.S.C. §101
(A)(4).
§ 13. This act shall take effect immediately; provided, however that
the amendments to section 369-h of the executive law made by section
twelve of this act shall be subject to the repeal of such section pursu-
ant to section 4 of chapter 22 of the laws of 2014, as amended.
