Senate Bill S2676

                                
 
BILL NUMBER: S2676

SPONSOR: MAYER
 
TITLE OF BILL:

An act to amend the vehicle and traffic law, in relation to authorizing
a former member of the United States public health service to receive a
distinguishing mark on his or her license indicating that he or she is a
veteran

 
PURPOSE:

This legislation recognizes that all those serving in our military as
doctors or in the medical field serving in the military has a right to
ask for and then proudly display their veteran status on their license
plates.

 
SUMMARY OF PROVISIONS:

Section 1. Paragraph (a-1) of subdivision 1 of section 504 of the vehi-
cle and traffic law, as amended by chapter 429 of the laws of 2014, is
              

amended to read as follows:

(a-1) Every license or renewal thereof issued to an applicant who was a
member of the armed forces of the United States or the United States
public health service and received an honorable discharge or was
released there from under honorable conditions shall, upon his or her
request and submission of proof as set forth herein, contain a distin-
guishing mark, in such form as the commissioner shall determine, indi-
cating that he or she is a veteran. Such proof shall consist of a
certificate of release or discharge from active duty including but not
limited to a DD Form 214, a PHS Form 1867 or other proof satisfactory to
the commissioner. The commissioner shall not require fees for the issu-
ance of such licenses or renewals thereof to persons requesting a veter-
an distinguishing mark which are different from fees otherwise required;
provided, however, that notwithstanding the provisions of this section,
the commissioner shall not require fees for a duplication or amendment
of a license prior to its renewal if such duplication or amendment was
solely for the purpose of adding a veteran distinguishing mark to such
license.

2. This act shall take effect immediately.

 
EXISTING LAW:

Not included in current law

 
JUSTIFICATION:

New York State does not currently recognize people who served in the
United States Public Health Service as a veteran. This even includes
those people who served in conflict zones around the world working as
doctors and other medical personnel. It is unfair to say the least, to
deny .a person the right to ask for, and then receive license plates
that can be proudly displayed because of an oversight in a statute. It
goes without saying, many doctors and medical personnel provide much
needed life saving medical services in conflict areas all around the
world. They serve as officers, are saluted by rank and file personnel
and in fact are treated no differently than any other member serving in
our military. Unfortunately, the language of the New York State statute,
allows only for the "distinguishing mark" to appear only on licenses of
those who were members of the "armed forces of the United States".

The United States Public Health Service (USPHS) is not among the those
recognized by New York State statute as being in the armed forces. As
such, this individual is not eligible for the "distinguishing mark"
based on two different forms indicating his/her discharge papers. One
form is the DD-214 and the other is the USPHS 1867.

For example: Dr. David Gordon served in the United States Public Health
Service ("USPHS") as a surgeon from 1967-1969 and was honorably
discharged (equivalent to armed forces military service, final rank
Captain equivalent) indicates that he is also a veteran.  His time spent
in the service was in the USPHS was in lieu of uniformed military
service during the Vietnam War. He was saluted by Air Force and Army
service men when entering military bases. He is am a veteran who served
his country on active duty for two years and later in the reserves for a
short time. The USPHS discharge paper, which Dr. Gordon was issued, is
called a USPHS 1867 which is their OFFICIAL "Statement of Service" and
is equivalent to the DD-214.  Unfortunately, Dr. Gordon, was denied the
veteran plates because according to the Department of Motor Vehicles the
statute only recognizes the DD-214 form and not the USPHS 1867 form.
This legislation will correct that oversight and recognize the United
States Public Health Services as part of the armed forces if that indi-
vidual can prove he/she served as part of our military.

 
LEGISLATIVE HISTORY:

2017: S1967 LATIMER - Referred to Transportation
2018: S8490 MAYER - Referred to Transportation

 
FISCAL IMPLICATIONS:

None.

 
LOCAL FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
To take effect immediately.