S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6264
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 27, 2025
                                ___________
 
 Introduced  by M. of A. STERN -- read once and referred to the Committee
   on Veterans' Affairs
 
 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:
 
   Section  1.  Subdivision  6 of section 210 of the economic development
 law, as amended by section 33 of part PP of chapter 56 of  the  laws  of
 2022, is amended to read as follows:
   6. "Veteran" shall mean a person who served in the United States army,
 navy,  air  force,  marines,  coast guard, THE COMMISSIONED CORPS OF THE
 NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION, THE COMMISSIONED  CORPS
 OF  THE  PUBLIC  HEALTH  SERVICE, and/or reserves thereof, and/or in the
 army national guard, air national guard, New York guard and/or  the  New
 York  naval  militia  and  who  (a) has received an honorable or general
 discharge from such service, or  (b)  has  a  qualifying  condition,  as
 defined in section one of the veterans' services law, and has received a
 discharge  other  than bad conduct or dishonorable from such service, or
 (c) is a discharged LGBT veteran, as  defined  in  section  one  of  the
 veterans'  services  law,  and  has  received a discharge other than bad
 conduct or dishonorable from such service.
   § 2. Section 63 of the public officers law, as amended by  section  80
 of  part  PP  of  chapter  56 of the laws of 2022, is amended to read as
 follows:
   § 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]
 FOREPERSON  on the public works of said state, of the county officers of

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08914-01-5
              

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 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  holiday  for  the observance of Memorial day and on the eleventh
 day of November, 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 subdivision 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 Adminis-
 tration 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 who 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  (a) was discharged or
 released therefrom under honorable conditions, or (b) has  a  qualifying
 condition,  as defined in section one of the veterans' services law, and
 has received a discharge other than bad  conduct  or  dishonorable  from
 such service, or (c) is a discharged LGBT veteran, as defined in section
 one  of  the  veterans' services law, and has received a discharge other
 than bad conduct or dishonorable from such service 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  affil-
 iates  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, nineteen hundred forty-five, and who (d)  was
 discharged  or released therefrom under honorable conditions, or (e) has
 a qualifying condition, as defined  in  section  one  of  the  veterans'
 services  law,  and  has  received a discharge other than bad conduct or
 dishonorable from such service, or (f) is a discharged LGBT veteran,  as
 defined in section one of the veterans' services law, and has received a
 discharge  other  than  bad conduct or dishonorable from such service or
 during the period of the Korean conflict at any time between  the  dates
 of June twenty-seventh, nineteen hundred fifty and January thirty-first,
 A. 6264                             3
 
 nineteen  hundred  fifty-five,  or  during  the  period  of  the Vietnam
 conflict from the first day of November, nineteen hundred fifty-five  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  expedi-
 tionary  medal  or 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 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  (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 twen-
 ty-seventh, nineteen hundred fifty and  January  thirty-first,  nineteen
 hundred  fifty-five,  or  during the period of the Vietnam conflict from
 the first day of November, nineteen hundred fifty-five  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 (IV) who served on active duty in
 the  army  or  navy  or  marine corps or air force or coast guard OR THE
 COMMISSIONED CORPS OF THE  NATIONAL  OCEANIC  AND  ATMOSPHERIC  ADMINIS-
 TRATION  OR  THE  COMMISSIONED CORPS OF THE PUBLIC HEALTH SERVICE of the
 United States, and who (a) was honorably discharged  or  separated  from
 such  service under honorable conditions, or (b) has a qualifying condi-
 tion, as defined in section one of the veterans' services law,  and  has
 received  a  discharge  other than bad conduct or dishonorable from such
 service, or (c) is a discharged LGBT veteran, as defined in section  one
 of  the  veterans' services law, and has received a discharge other than
 bad conduct or dishonorable from such service 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.
   §  3.    Paragraph (b) of subdivision 1 of section 243 of the military
 law, as amended by section 71 of part PP of chapter 56 of  the  laws  of
 2022, is amended to read as follows:
   (b)  The term "military duty" shall mean military service in the mili-
 tary, naval, aviation or marine service of the United States  subsequent
 to  July  first,  nineteen hundred forty, or service under the selective
 training and service act of nineteen  hundred  forty,  or  the  national
 guard  and  reserve officers mobilization act of nineteen hundred forty,
 or any other act of congress supplementary or amendatory thereto, or any
 similar act of congress hereafter enacted and irrespective of  the  fact
 that  such  service  was  entered  upon following a voluntary enlistment
 therefor or was required under one of the foregoing acts of congress, or
 service with the United States public health service as  a  commissioned
 officer,  OR  SERVICE WITH THE NATIONAL OCEANIC AND ATMOSPHERIC ADMINIS-
 TRATION AS A COMMISSIONED OFFICER, or  service  with  the  American  Red
 Cross  while  with  the  armed  forces  of  the United States on foreign
 service, or service with the special services section of the armed forc-
 A. 6264                             4

 es of the United States on foreign service, or service in  the  merchant
 marine  which  shall  consist  of service as an officer or member of the
 crew on or in connection with a vessel documented under the laws of  the
 United  States or a vessel owned by, chartered to, or operated by or for
 the account or use of the government of the United States, or service by
 one 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 (i) was  discharged  or  released  therefrom
 under  honorable  conditions,  or  (ii)  has  a qualifying condition, as
 defined in section one of the veterans' services law, and has received a
 discharge other than bad conduct or dishonorable from such  service,  or
 (iii)  is  a  discharged  LGBT veteran, as defined in section one of the
 veterans' services law, and has received  a  discharge  other  than  bad
 conduct  or  dishonorable  from  such service, 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  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 (iv) was discharged  or
 released  therefrom  under honorable conditions, or (v) has a qualifying
 condition, as defined in section one of the veterans' services law,  and
 has  received  a  discharge  other than bad conduct or dishonorable from
 such service, or (vi) is  a  discharged  LGBT  veteran,  as  defined  in
 section  one of the veterans' services law, and has received a discharge
 other than bad conduct or dishonorable from such service; or service  in
 police duty on behalf of the United States government in a foreign coun-
 try,  if  such person is a police officer, as defined by section 1.20 of
 the criminal procedure law, and if  such  police  officer  obtained  the
 prior  consent  of [his or her] THEIR public employer to absent [himself
 or herself] THEMSELF from [his or her] THEIR position to engage  in  the
 performance  of  such  service;  or  as an enrollee in the United States
 maritime service on active duty and, to such extent as may be prescribed
 by or under the laws of the United States, any period  awaiting  assign-
 ment  to  such  service and any period of education or training for such
 service in any school or  institution  under  the  jurisdiction  of  the
 United  States government, but shall not include temporary and intermit-
 tent gratuitous service in any reserve  or  auxiliary  force.  It  shall
 A. 6264                             5
 
 include time spent in reporting for and returning from military duty and
 shall be deemed to commence when the public employee leaves [his or her]
 THEIR  position  and  to  end when [he or she is] THEY ARE reinstated to
 [his or her] THEIR position, provided such reinstatement is within nine-
 ty  days after the termination of military duty, as hereinafter defined.
 Notwithstanding the foregoing provisions of  this  paragraph,  the  term
 "military  duty" shall not include any of the foregoing services entered
 upon voluntarily on or after January first, nineteen hundred forty-seven
 and before June twenty-fifth, nineteen hundred fifty; and, on  or  after
 July first, nineteen hundred seventy, the term "military duty" shall not
 include  any  voluntary  service in excess of four years performed after
 that date, or the total of any voluntary services, additional or  other-
 wise,  in  excess  of  four  years  performed after that date, shall not
 exceed five years, if the service in excess of  four  years  is  at  the
 request  and  for  the  convenience of the federal government, except if
 such voluntary service is performed during a period of war, or  national
 emergency declared by the president.
   §  4. This act shall take effect on the first of April next succeeding
 the date on which it shall have become a law.