S T A T E   O F   N E W   Y O R K
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                                  3274

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            January 24, 2013
                               ___________

Introduced  by M. of A. RABBITT -- Multi-Sponsored by -- M. of A. CROUCH
  -- read once and referred to the Committee on Governmental Operations

AN ACT to amend the public officers law, in relation  to  requiring  the
  head  official  of  a  law enforcement department to enforce a special
  schedule on Memorial day and Veterans' day that allows law enforcement
  officers, who are veterans entitled to paid leave, to take such leave

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1. Section 63 of the public officers law, as amended by chap-
ter 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05398-01-3
              

A. 3274                             2

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
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 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 Janu-
ary 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  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. THE HEAD OFFICIAL OF ANY LAW ENFORCEMENT DEPARTMENT  OR  AGENCY
SHALL  MAKE EVERY PRACTICABLE EFFORT TO ENSURE THAT ANY MEMBER OF HIS OR

A. 3274                             3

HER LAW ENFORCEMENT DEPARTMENT OR AGENCY SHALL BE ALLOWED TO  TAKE  SUCH
PAID  LEAVE  OF ABSENCE. SUCH OFFICIAL SHALL PLAN AND ENFORCE A SCHEDULE
ON SUCH PUBLIC HOLIDAY WHICH SHALL UTILIZE THOSE MEMBERS OF HIS  OR  HER
LAW ENFORCEMENT DEPARTMENT OR AGENCY WHO ARE NOT VETERANS, BEFORE SCHED-
ULING THOSE MEMBERS ENTITLED TO SUCH PAID LEAVE FOR SUCH PUBLIC HOLIDAY.
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 2. This act shall take effect immediately.