S T A T E O F N E W Y O R K
________________________________________________________________________
7800
2017-2018 Regular Sessions
I N A S S E M B L Y
May 15, 2017
___________
Introduced by M. of A. DenDEKKER -- (at request of the Division of
Veterans Affairs) -- read once and referred to the Committee on Veter-
ans' Affairs
AN ACT to amend the executive law, in relation to defining the term
"veteran" for purposes of veterans' affairs
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivisions 3 and 4 of section 350 of the executive law,
are 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]
ARMED FORCES of the United States [during a war in which the United
States engaged] OR THE RESERVES THEREOF, OR IN THE ARMY NATIONAL GUARD,
AIR NATIONAL GUARD, NEW YORK GUARD OR NEW YORK NAVAL MILITIA, and who
has been released from such service [otherwise than by dishonorable
discharge, or who has been furloughed to the reserve] UNDER HONORABLE
CONDITIONS.
4. The term "armed forces" means the [military and naval forces of the
United States] ARMY, NAVY, AIR FORCE, MARINE CORPS AND COAST GUARD, AS
DESCRIBED IN 10 U.S.C. § 101(A)(4).
§ 2. 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 RESERVE COMPONENTS OF THE
ARMED FORCES OR THE ORGANIZED MILITIA, 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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
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A. 7800 2
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, INCLUD-
ING, BUT NOT LIMITED TO, REFERRAL TO STATE AGENCIES, AUTHORITIES, DIVI-
SIONS AND OTHER ENTITIES RESPONSIBLE FOR PROVIDING SERVICES IN EMPLOY-
MENT, HEALTHCARE, HOUSING, ACCESS TO VETERANS' BENEFITS AND PROGRAMS,
AND OTHER SERVICES. [The local veterans' service agency may also assist
families 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.
§ 3. The opening paragraph and subdivision 3 of section 369-b of the
executive law, as added by chapter 557 of the laws of 2013, are amended
to read as follows:
[As] WHEN used in this article:
3. "Veteran" shall mean [an individual] A PERSON who HAS served [on
active duty] in the ARMED FORCES OF THE United States [army, navy,
marine corps, air force, coast guard] or the reserves [component] THERE-
OF, or [who served in active military service of the United States as a
member of] IN THE the army national guard, air national guard, New York
guard or New York naval militia, who [was] HAS BEEN released from such
service [otherwise then by dishonorable discharge after September elev-
enth, two thousand one] UNDER HONORABLE CONDITIONS.
§ 4. Subdivision 4 of section 369-b of the executive law is renumbered
subdivision 5 and a new subdivision 4 is added to read as follows:
4. "ARMED FORCES" SHALL MEAN THE ARMY, NAVY, AIR FORCE, MARINE CORPS
AND COAST GUARD, AS DESCRIBED IN 10 U.S.C. § 101(A)(4).
§ 5. Subdivision 7 of section 369-h of the executive law, as added by
chapter 22 of the laws of 2014, is amended and a new subdivision 8 is
added to read as follows:
7. "Veteran" shall mean a person who HAS served in [and who has
received an honorable or general discharge from,] THE ARMED FORCES OF
the United States [army, navy, air force, marines, coast guard, and/or]
OR THE reserves thereof, [and/or] OR in the army national guard, air
national guard, New York guard [and/or the] OR New York naval militia,
AND WHO HAS BEEN RELEASED FROM SUCH SERVICE UNDER HONORABLE CONDITIONS.
8. "ARMED FORCES" SHALL MEAN THE ARMY, NAVY, AIR FORCE, MARINE CORPS,
AND COAST GUARD, AS DESCRIBED IN 10 U.S.C §101(A)(4).
§ 6. This act shall take effect immediately, provided that the amend-
ments to section 369-h of the executive law, made by section five of
this act, shall not affect the repeal of such section, and shall be
deemed repealed therewith.