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Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
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|---|---|
| Dec 28, 2020 |
committed to rules |
| Feb 27, 2020 |
advanced to third reading |
| Feb 26, 2020 |
2nd report cal. |
| Feb 25, 2020 |
1st report cal.474 |
| Jan 14, 2020 |
reported and committed to finance |
| Jan 08, 2020 |
referred to veterans, homeland security and military affairs returned to senate died in assembly |
| Jun 13, 2019 |
referred to veterans' affairs delivered to assembly passed senate ordered to third reading cal.1360 committee discharged and committed to rules |
| May 30, 2019 |
reported and committed to finance |
| May 20, 2019 |
referred to veterans, homeland security and military affairs |
Senate Bill S6159
2019-2020 Legislative Session
Redefines the term veteran
download bill text pdfSponsored By
(D) Senate District
Archive: Last Bill Status - In Senate Committee Rules Committee
- Introduced
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- In Committee Assembly
- In Committee Senate
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- On Floor Calendar Assembly
- On Floor Calendar Senate
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- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
Votes
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Floor Vote: Jun 13, 2019
aye (44)- Addabbo Jr.
- Bailey
- Benjamin
- Biaggi
- Breslin
- Brooks
- Carlucci
- Comrie
- Felder
- Gaughran
- Gianaris
- Gounardes
- Griffo
- Harckham
- Hoylman-Sigal
- Jackson
- Kaminsky
- Kaplan
- Kavanagh
- Kennedy
- Krueger
- Liu
- Martinez
- May
- Mayer
- Metzger
- Montgomery
- Myrie
- Parker
- Persaud
- Ramos
- Ranzenhofer
- Ritchie
- Rivera
- Salazar
- Sanders Jr.
- Savino
- Sepúlveda
- Serrano
- Seward
- Skoufis
- Stavisky
- Stewart-Cousins
- Thomas
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Jan 14, 2020 - Veterans, Homeland Security And Military Affairs Committee Vote
S61596Aye1Nay1Aye with Reservations0Absent1Excused0Abstained-
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Veterans, Homeland Security And Military Affairs Committee Vote: Jan 14, 2020
aye (6)nay (1)aye wr (1)excused (1)
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May 30, 2019 - Veterans, Homeland Security And Military Affairs Committee Vote
S61596Aye0Nay3Aye with Reservations0Absent0Excused0Abstained-
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Veterans, Homeland Security And Military Affairs Committee Vote: May 30, 2019
aye (6)
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Jun 13, 2019 - Rules Committee Vote
S615912Aye4Nay3Aye with Reservations0Absent0Excused0AbstainedFeb 25, 2020 - Finance Committee Vote
S615915Aye6Nay1Aye with Reservations0Absent1Excused0Abstained -
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co-Sponsors
(D, IP, WF) Senate District
2019-S6159 (ACTIVE) - Details
- Current Committee:
- Senate Rules
- Law Section:
- Executive Law
- Laws Affected:
- Amd §§350, 357, 358, 364, 366, 369-b & 369-h, Exec L
2019-S6159 (ACTIVE) - Sponsor Memo
BILL NUMBER: S6159
SPONSOR: BROOKS
TITLE OF BILL:
An act to amend the executive law, in relation to redefining the term
"veteran"
PURPOSE:
To update the definition of "veteran" to comport with the definition of
"veteran" in federal law, and to bring New York State's existing deliv-
ery of programs and services for Veterans and their family members into
conformity with federal law.
SUMMARY OF PROVISIONS:
Section 1 amends Exec. Law § 350(3) to update the definition of veteran.
Section 2 renumbers various subdivisions of Exec. Law § 350.
Section 3 adds three new subdivisions 4, 5, and 10 to Exec. Law § 350 to define the terms "combat veteran", "wartime era veteran" and "qualifying service in Lebanon, Grenada or Panama". Section 4 amends Exec. Law § 350(6) to update the definition of "armed forces": Section 5 amends Exec. Law § 357(1) to make a conforming technical change. Section 6 amends Exec. Law § 357(3) to require county and city directors to be accredited as a veterans service organization representative with- in one year of their appointment as director or acting director. Section 7 amends Exec. Law § 358(1) to clarify that a VSA may provide services to members of the national guard and reserve component of the armed forces. Sections 8, 9, 10 and 11 amend the Exec. Law to make a conforming tech- nical changes to the definitions of veteran. Section 12 amends Exec. Law § 369-h to update the definition of "service-disabled veteran". Section 13 would make the bill take effect immediately. JUSTIFICATION: Articles 17, 17-A, and 17-B of the Executive Law, as enacted, contain three very different definitions of "veteran." Each definition unneces- sarily creates unfair or unreasonable burdens and qualifications that limit or restrict the services that DVA and other state actors can provide. Article 17, Section 350, subsection 3 of the Executive Law requires that an individual serve on active duty during wartime to receive recognition as a Veteran under this section of the law. Article 17-A, Section 369-b, subsection 3 of the Executive Law unneces- sarily and unfairly limits the Veterans Employment Act to Veterans who were released from service after September eleventh, two thousand one. The proposed changes in Article 17-B, Section 369-h, subsection 7 of the Executive Law bring the three (3) defmitions of "veteran" in the Execu- tive Law into agreement, but makg no substantive change to the law or increase the administrative burdens on any affected agency. PRIOR LEGISLATIVE HISTORY: 2017/18 - Senate S5373 (Croci) / A7800 (DenDekker) FISCAL IMPLICATIONS: None. EFFECTIVE DATE: This act shall take effect immediately.
2019-S6159 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K
________________________________________________________________________
6159
2019-2020 Regular Sessions
I N S E N A T E
May 20, 2019
___________
Introduced by Sen. BROOKS -- (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 redefining the term
"veteran"
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 3 of section 350 of the executive law is
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 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] WHO HAS SERVED ON
ACTIVE DUTY SERVICE IN THE ARMED FORCES OF THE UNITED STATES, OR SERVICE
IN THE ARMY NATIONAL GUARD, AIR NATIONAL GUARD, COMMISSIONED OFFICER IN
THE PUBLIC HEALTH SERVICE, COMMISSIONED OFFICER OF THE NATIONAL OCEANIC
AND ATMOSPHERIC ADMINISTRATION OR ENVIRONMENTAL SCIENCES SERVICES ADMIN-
ISTRATION, CADET AT A UNITED STATES ARMED FORCES SERVICE ACADEMY OR
PROVISIONS UNDER 38 U.S.C. § 106, AND WHO HAS BEEN RELEASED FROM SUCH
SERVICE UNDER HONORABLE CONDITIONS.
§ 2. Subdivisions 4, 5, 6 and 7 of section 350 of the executive law
are renumbered subdivisions 6, 7, 8 and 9.
§ 3. Section 350 of the executive law is amended by adding three new
subdivisions 4, 5 and 10 to read as follows:
4. THE TERM "COMBAT VETERAN" MEANS A PERSON WHO HAS SERVED ON ACTIVE
DUTY TITLE 10 U.S.C. SERVICE, "OTHER THAN ACTIVE DUTY FOR TRAINING,"
DURING A PERIOD OF WAR AS DEFINED BY 38 C.F.R. § 3.2 AND IS IN RECEIPT
OF A COMBAT IDENTIFICATION BADGE, OR A MEDAL OR RIBBON IDENTIFYING
PARTICIPATION IN COMBAT OPERATIONS, OR QUALIFYING SERVICE IN LEBANON,
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09188-01-9 S. 6159 2 GRENADA OR PANAMA OR SUCH COMBAT SERVICE AS DOCUMENTED ON THEIR DISCHARGE, AND WHO HAS BEEN RELEASED FROM SUCH SERVICE UNDER HONORABLE CONDITIONS. 5. THE TERM "WARTIME ERA VETERAN" MEANS A PERSON WHO HAS SERVED ON ACTIVE DUTY TITLE 10 U.S.C. SERVICE, IN THE ARMED FORCES OF THE UNITED STATES OTHER THAN "ACTIVE DUTY FOR TRAINING," OR FULL TIME ACTIVE GUARD RESERVE (AGR) UNDER TITLE 32 U.S.C. § 502(F) OR TITLE 14 U.S.C. DURING A PERIOD OF WAR AS DEFINED BY TITLE 38 C.F.R. § 3.2 AND HAS BEEN RELEASED FROM SUCH SERVICE UNDER HONORABLE CONDITIONS. 10. THE TERM "QUALIFYING SERVICE IN LEBANON, GRENADA OR PANAMA" MEANS MILITARY SERVICE 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 TWENTI- ETH, NINETEEN HUNDRED EIGHTY-NINE TO JANUARY THIRTY-FIRST, NINETEEN HUNDRED NINETY. § 4. Subdivision 6 of section 350 of the executive law, as renumbered by section two of this act, is amended to read as follows: 6. The term "armed forces" means the [military and naval forces of the United States] ARMY, NAVY, AIR FORCE, MARINE CORPS, AND COAST GUARD, INCLUDING THE RESERVE COMPONENTS THEREOF AS DESCRIBED IN TITLE 38 U.S.C. § 101 (10). § 5. Subdivision 1 of section 357 of the executive law, as amended by chapter 43 of the laws of 1996, is amended to read as follows: 1. County veterans' service agencies. There shall be established a county veterans' service agency in each county not wholly included with- in a city, and there shall be a county director of each county veterans' service agency. Any county director hired after the effective date of this statute shall be a veteran as defined in [New York state statute] SECTION THREE HUNDRED FIFTY OF THIS ARTICLE. The chairman of the board of supervisors of a county, with the approval of the board of supervi- sors, shall appoint and may at pleasure remove a county director of the county veterans' service agency for such county. In a county having a county president, a county executive or other chief executive officer, such president or executive officer shall appoint and may at pleasure remove a county director. The county director may be paid such compen- sation as shall be fixed by the appointing officer and the board of supervisors. The county director shall appoint such assistants and employees as he may deem necessary, other than those, if any, supplied by the state; he may prescribe the duties of those appointed by him and fix their salaries within the appropriations made available for that purpose by the county and may at pleasure remove any such assistants or employees. The county director shall have jurisdiction throughout the territorial limits of the county, including any city therein which does not have a city veterans' service agency, provided that after the estab- lishment of a city veterans' service agency in any such city, the county director shall not have jurisdiction within such city. § 6. Paragraph (a) of subdivision 3 of section 357 of the executive law, as added by chapter 198 of the laws of 2013, is amended to read as follows: (a) Current county or city directors [within three years from the effective date of this subdivision] shall [take all steps necessary to] be accredited as a veterans service organization (VSO) representative WITHIN ONE YEAR OF APPOINTMENT AS DIRECTOR OR ACTING DIRECTOR. Accredi- tation shall mean the authority granted by the United States Department of Veterans Affairs to assist veterans and their family members in the S. 6159 3 preparation, presentation, and prosecution of claims for benefits pursu- ant to section 5902 of Title 38 U.S.C. and section 14.628 of Title 38 Code of Federal Regulations. Once an application for accreditation is approved by the General Counsel of the United States Department of Veterans Affairs and the applicant is notified of this action, the director of the county or city veterans service agency shall file a copy of the accreditation certificate from the appropriate veterans service organization with the director of the division. Such accreditation shall be maintained during the duration of his or her status as a director of such county or city veterans service agency. The director of the divi- sion may determine that satisfactory completion of a course or instruc- tion on veterans' benefits approved by the United States Department of Veterans Affairs and conducted by the division may fulfill the require- ments of this subdivision. § 7. 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 NATIONAL GUARD AND RESERVE COMPONENTS OF THE ARMED FORCES, 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 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, INCLUDING BUT NOT LIMITED TO REFERRAL TO NEW YORK STATE AGENCIES, AUTHORITIES, DIVISIONS, AND OTHER ENTITIES RESPONSIBLE FOR PROVIDING SERVICES IN EMPLOYMENT, HEALTHCARE, HOUSING, ACCESS TO VETERANS' BENEFITS AND PROGRAMS, AND OTHER SERVICES. The local veterans' service agency may also assist fami- lies 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. § 8. The opening paragraph of paragraph a of subdivision 1 of section 364 of the executive law, as amended by chapter 333 of the laws of 1993, is amended to read as follows: The word "veteran," as used in this article [shall be taken to mean and include any person who is a resident of the state of New York, and who has been or may be given an honorable, general or ordinary discharge or any other form of release from such service, except a dishonorable discharge, a bad conduct discharge, an undesirable discharge, a discharge without honor or a discharge for the good of the service, and who (i) was a recipient of the armed forces expeditionary medal, the navy expeditionary medal or the marine corps expeditionary medal for participation in operations in Lebanon from June first, nineteen hundred eighty-three to December first, nineteen hundred eighty-seven, in Grena- da 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 January thirty-first, nine- S. 6159 4 teen hundred ninety, or (ii) served on active duty for ninety days or more in the armed forces of the United States during any one] MEANS A "WARTIME ERA VETERAN" AS DEFINED IN SUBDIVISION FIVE OF SECTION THREE HUNDRED FIFTY OF THIS ARTICLE WHO IS A RESIDENT OF THE STATE OF NEW YORK AND HAS SERVED FOR NINETY DAYS OF ACTIVE DUTY SERVICE ONE DAY OF WHICH WAS DURING ANY of the following wars or hostilities: § 9. Paragraph b of subdivision 1 of section 364 of the executive law, as added by chapter 424 of the laws of 1961, is amended to read as follows: b. The word "veteran" shall also mean any person who meets the other requirements of paragraph a of this subdivision, who served on active duty for less than ninety days, if he or she was discharged or released from such service for a service-connected disability [or who served for a period of ninety consecutive days or more and such period began or ended during any war or period of hostilities as defined in paragraph a of this subdivision]. § 10. Paragraph b of subdivision 1 of section 366 of the executive law, as added by chapter 743 of the laws of 2006, is amended to read as follows: b. "Veteran" means a person[, male or female, resident of this state, who has served in the active military, naval or air service of the United States during a time of war in which the United States engaged and who has been released from such service otherwise than by dishonor- able discharge, or who has been furloughed to the reserve] AS DEFINED IN SUBDIVISION FIVE OF SECTION THREE HUNDRED FIFTY OF THIS ARTICLE; § 11. Subdivision 3 of section 369-b of the executive law, as added by chapter 557 of the laws of 2013, is amended to read as follows: 3. "Veteran" shall mean [an individual who served on active duty in the United States army, navy, marine corps, air force, coast guard or the reserves component, or who served in active military service of the United States as a member of the army national guard, air national guard, New York guard or New York naval militia, who was released from such service otherwise then by dishonorable discharge after September eleventh, two thousand one] A PERSON AS DEFINED IN SUBDIVISION FIVE OF SECTION THREE HUNDRED FIFTY OF THIS CHAPTER. § 12. Subdivisions 5 and 7 of section 369-h of the executive law, as added by chapter 22 of the laws of 2014, are amended and a new subdivi- sion 8 is added to read as follows: 5. "Service-disabled veteran" shall mean [(a) in the case of the United States army, navy, air force, marines, coast guard, army national guard or air national guard and/or reserves thereof,] a veteran AS DEFINED IN SUBDIVISION THREE OF SECTION THREE HUNDRED FIFTY OF THIS CHAPTER who [received] IS CURRENTLY IN RECEIPT OF a compensation rating of ten percent or greater from the United States department of veterans affairs or from the United States department of defense because of a service-connected disability incurred in the line of duty[, and (b) in the case of the New York guard or the New York naval militia and/or reserves thereof, a veteran who certifies, pursuant to the rules and regulations promulgated by the director, to having incurred an injury equivalent to a compensation rating of ten percent or greater from the United States department of veterans affairs or from the United States department of defense because of a service-connected disability incurred in the line of duty]. 7. "Veteran" shall mean a person [who served in and who has received an honorable or general discharge from, the United States army, navy, air force, marines, coast guard, and/or reserves thereof, and/or in the S. 6159 5 army national guard, air national guard, New York guard and/or the New York naval militia] AS DEFINED IN SUBDIVISION THREE OF SECTION THREE HUNDRED FIFTY OF THIS CHAPTER. 8. THE TERM "ARMED FORCES" SHALL MEAN THE ARMY, NAVY, AIR FORCE, MARINE CORPS, AND COAST GUARD AS DESCRIBED IN TITLE 38 U.S.C. §101 (A)(4). § 13. This act shall take effect immediately; provided, however that the amendments to section 369-h of the executive law made by section twelve of this act shall be subject to the repeal of such section pursu- ant to section 4 of chapter 22 of the laws of 2014, as amended.
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