S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5843
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 20, 2019
                                ___________
 
 Introduced  by  M. of A. LALOR, ASHBY, DeSTEFANO, FINCH, HAWLEY, NORRIS,
   PICHARDO, THIELE -- Multi-Sponsored by -- M. of A.  ABBATE,  WALSH  --
   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 any state 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:
   § 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD01080-01-9

 A. 5843                             2
 
 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
 (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

 A. 5843                             3
 
 thereof. THE HEAD OFFICIAL OF ANY STATE LAW  ENFORCEMENT  DEPARTMENT  OR
 AGENCY  SHALL MAKE EVERY PRACTICABLE EFFORT TO ENSURE THAT ANY MEMBER OF
 HIS OR HER LAW ENFORCEMENT DEPARTMENT OR AGENCY SHALL BE ALLOWED TO TAKE
 SUCH PAID LEAVE OF ABSENCE. SUCH OFFICIAL SHALL PLAN AND ENFORCE A SCHE-
 DULE  ON SUCH PUBLIC HOLIDAY WHICH SHALL UTILIZE THOSE MEMBERS OF HIS OR
 HER LAW ENFORCEMENT DEPARTMENT OR AGENCY WHO ARE  NOT  VETERANS,  BEFORE
 SCHEDULING  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.
   § 2. This act shall take effect immediately.