S T A T E O F N E W Y O R K
________________________________________________________________________
2397
2009-2010 Regular Sessions
I N A S S E M B L Y
January 15, 2009
___________
Introduced by M. of A. GANTT -- read once and referred to the Committee
on Governmental Operations
AN ACT to amend the public officers law, in relation to certain employ-
ees who served during armed conflicts
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
by the United States Coast Guard or Department of Commerce, or as a
civil servant employed by the United States Army Transport Service
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05692-01-9
A. 2397 2
(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 OR WOULD LIMIT PUBLIC TRANS-
PORTATION EXCEPT IN A CITY WITH A POPULATION OF ONE MILLION OR MORE, 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 main-
tenance, shall also be entitled to leave of absence with pay under the
A. 2397 3
provisions of this section and no deduction in vacation allowance or
budgetary allowable number of working days shall be made in lieu there-
of. 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.