S T A T E O F N E W Y O R K
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5246
2025-2026 Regular Sessions
I N S E N A T E
February 20, 2025
___________
Introduced by Sens. SKOUFIS, ASHBY -- read twice and ordered printed,
and when printed to be committed to the Committee on Veterans, Home-
land Security and Military 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]
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08914-01-5
S. 5246 2
FOREPERSON 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 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
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of June twenty-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 (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
S. 5246 4
service, or service with the special services section of the armed forc-
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-
S. 5246 5
tent gratuitous service in any reserve or auxiliary force. It shall
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.
