NY State Senate Bill 2017-S5373

Senate Bill S5373

2017-2018 Legislative Session

Clarifies and expands the definitions of "veterans" and "armed forces" for purposes of veterans' affairs

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Archive: Last Bill Status - In Senate Committee Veterans, Homeland Security And Military Affairs Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2018	referred to veterans, homeland security and military affairs
Mar 23, 2017	referred to veterans, homeland security and military affairs

co-Sponsors

2017-S5373 (ACTIVE) - Details

See Assembly Version of this Bill:: A7800
Current Committee:: Senate Veterans, Homeland Security And Military Affairs
Law Section:: Executive Law
Laws Affected:: Amd §§350, 358, 369-b & 369-h, Exec L

2017-S5373 (ACTIVE) - Summary

Clarifies and expands the definitions of "veterans" and "armed forces" for purposes of veterans' affairs.

2017-S5373 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S5373

 TITLE OF BILL :  An act to amend the executive law, in relation to
defining the term "veteran" for purposes of veterans' affairs

 PURPOSE OF THE BILL :

This bill would amend the Executive Law to update the definition of
"veteran" to comport with the definition of "veteran" in federal law,
and to bring New York State's existing delivery of programs and
services for Veterans and their family members into conformity with
the federal law.

 SUMMARY OF PROVISIONS :

Sections 1 through 5 of the bill would amend Articles 17, 17-A and
17-B of the Executive Law to recognize both peacetime and wartime
military service by altering the law's definition of the term
"Veteran" to comport with the definition under federal law, and for
purposes of New York State services, to include those that have served
in the National Guard, New York Guard, and New York naval militia.

Section 6 would establish an immediate effective date.

 JUSTIFICATION :

Military members serve our Nation and our State valiantly in times of
war and times of peace. Recognizing this, federal law does not
condition Veteran status upon service during wartime. Likewise, most
state laws do not impose the condition of wartime service for
recognition as a Veteran of the Armed Forces.

However, the Executive Law grants Veteran status to only those
individuals who served during a period of war declared by Congress.
Specifically, the term "veteran" is limited to a resident of this
State, "who has served in the active military or naval service of the
United States during a war in which the United States engaged and who
has been released from such service otherwise than by dishonorable
discharge, or who has been furloughed to the reserve." This definition
has the unwanted consequence of devaluing the courage of men and women
whose service occurred during peacetime. Under the more inclusive
federal definition, "(t)he term 'veteran' means a person who served in
the active military, naval, or air service, and who was discharged or
released therefrom under conditions other than dishonorable."

Further, Exec. L. Section 369-b(3) unnecessarily and unfairly limits
the Veterans Employment Act to only those Veterans who were released
from service after September 11, 2001. This wrongfully assumes that
only post-9/11 Veterans face challenges in obtaining employment,
unjustly harms the Veterans from these earlier eras, and prevents
State agencies from benefiting from the skills and experience that
these other Veterans may bring to temporary positions. This bill would
address this concern.

 PRIOR LEGISLATIVE HISTORY :

This is a new bill.

 FISCAL IMPLICATIONS :

None.

 EFFECTIVE DATE :
Effective immediately.

2017-S5373 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5373
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                              March 23, 2017
                                ___________
 
 Introduced  by  Sens.  CROCI,  LARKIN  -- (at request of the Division of
   Veterans Affairs) -- read twice and ordered printed, and when  printed
   to  be  committed  to the Committee on Veterans, Homeland Security and
   Military 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)
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD10146-01-7

 S. 5373                             2
 
 provisions  of  federal,  state and local laws and regulations affording
 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.

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Senate Bill S5373

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Sponsored By

Thomas D. Croci