STATE OF NEW YORK ________________________________________________________________________ 5195--A 2023-2024 Regular Sessions IN SENATE February 27, 2023 ___________ Introduced by Sens. SKOUFIS, ASHBY -- read twice and ordered printed, and when printed to be committed to the Committee on Veterans, Home- land Security and Military Affairs -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said commit- tee AN ACT to amend the civil service law, the veterans' services law, the social services law and the vehicle and traffic law, in relation to removing the requirement that a veteran served during wartime to be granted certain benefits The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivision 1 of section 55-c of the civil service law, as 2 amended by chapter 340 of the laws of 2008, is amended to read as 3 follows: 4 1. The commission may determine up to five hundred positions with 5 duties such as can be performed by disabled veterans and veterans with 6 disabilities who are found otherwise qualified to perform satisfactorily 7 the duties of any such position. Upon such determination, the said posi- 8 tions shall be classified in the noncompetitive class, and may be filled 9 only by veterans of the armed forces of the United States [who served 10 therein during time of war, as defined in paragraph (c) of subdivision 11 one of section eighty-five of this chapter], and (a) who establish by 12 appropriate documentary evidence that they are disabled veterans, as 13 defined in paragraph (b) of subdivision one of section eighty-five of 14 this chapter, or (b) by those veterans, as defined in paragraph (a) of 15 subdivision one of section eighty-five of this chapter, who shall have 16 been certified by the employee health service of the department as being 17 disabled but capable of performing the duties of said positions. Prior- 18 ity in certification and referral of both such disabled veterans and 19 certified disabled but capable veterans shall be given to those veterans 20 who received a wound in combat, as documented by the awarding of the EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD01439-05-3
S. 5195--A 2 1 purple heart, as authorized by the United States department of defense, 2 and that wound is the cause of, or a substantially contributing factor 3 to, the degree of impairment, who otherwise meet the requirements of 4 this section. The number of veterans appointed pursuant to this section 5 shall not exceed five hundred. 6 § 2. Subdivision 1 of section 13 of the veterans' services law is 7 amended to read as follows: 8 1. A state veterans' service agency established by the department 9 pursuant to this article shall have power and it shall be its duty to 10 inform military and naval authorities of the United States and assist 11 members of the uniformed services and veterans, who are residents of 12 this state, and their families, in relation to (1) matters pertaining to 13 educational training and retraining services and facilities, (2) health, 14 medical and rehabilitation services and facilities, (3) provisions of 15 federal, state and local laws and regulations affording special rights 16 and privileges to members of the uniformed services and [war] veterans 17 and their families, (4) employment and re-employment services, and (5) 18 other matters of similar, related or appropriate nature. The state 19 veterans' service agency also shall perform such other duties as may be 20 assigned by the state commissioner. 21 § 3. Subdivision 1 of section 15 of the veterans' services law is 22 amended to read as follows: 23 1. A local veterans' service agency shall have power under the direc- 24 tion of the state veterans' service agency, and it shall be its duty to 25 inform military and naval authorities of the United States and assist 26 members of the uniformed services and veterans, who are residents of 27 this state, and their families, in relation to (1) matters pertaining to 28 educational training and retraining services and facilities, (2) health, 29 medical and rehabilitation services and facilities, (3) provisions of 30 federal, state and local laws and regulations affording special rights 31 and privileges to members of the uniformed services and [war] veterans 32 and their families, (4) employment and re-employment services, (5) the 33 process of submitting an application for a discharge upgrade to the 34 discharge upgrade advisory board, and (6) other matters of similar, 35 related or appropriate nature. The local veterans' service agency may 36 also assist families of members of the reserve components of the 37 uniformed services and the organized militia ordered into active duty to 38 ensure that they are made aware of and are receiving all appropriate 39 support available to them and are placed in contact with the agencies 40 responsible for such support, including, but not limited to, the divi- 41 sion of military and naval affairs and other state agencies responsible 42 for providing such support. The local veterans' service agency also 43 shall perform such other duties as may be assigned by the state commis- 44 sioner. 45 § 4. Section 168 of the social services law, as added by chapter 871 46 of the laws of 1948, subdivision 1 and paragraph 5 of subdivision 2 as 47 amended by section 86 of part PP of chapter 56 of the laws of 2022, 48 subdivision 2 as amended by chapter 467 of the laws of 1991, paragraph 7 49 of subdivision 2 as amended by chapter 606 of the laws of 2021, para- 50 graph (i) of subdivision 3 as amended by chapter 610 of the laws of 51 1960, paragraphs (n), (p), (q), (r), (s), (t) and (u) of subdivision 3 52 as added by chapter 219 of the laws of 1983, paragraph (o) of subdivi- 53 sion 3 as added by chapter 643 of the laws of 1959, subdivision 4 as 54 amended by section 78 of part B of chapter 436 of the laws of 1997, is 55 amended to read as follows: 56 § 168. Definitions. As used in this title:
S. 5195--A 3 1 1. Veteran means a person[, male or female,] who has served in the 2 armed forces of the United States [in time of war,] or who was a recipi- 3 ent of the armed forces expeditionary medal, navy expeditionary medal or 4 marine corps expeditionary medal for participation in operations in 5 Lebanon from June first, nineteen hundred eighty-three to December 6 first, nineteen hundred eighty-seven, in Grenada from October twenty- 7 third, nineteen hundred eighty-three to November twenty-first, nineteen 8 hundred eighty-three, or in Panama from December twentieth, nineteen 9 hundred eighty-nine to January thirty-first, nineteen hundred ninety, 10 and who [(1)] (a) has been honorably discharged or released under honor- 11 able circumstances from such service or furloughed to the reserve, or 12 [(2)] (b) has a qualifying condition, as defined in section one of the 13 veterans' services law, and has received a discharge other than bad 14 conduct or dishonorable from such service, or [(3)] (c) is a discharged 15 LGBT veteran, as defined in section one of the veterans' services law, 16 and has received a discharge other than bad conduct or dishonorable from 17 such service. 18 2. [In time of war means the periods herein set forth for the follow- 19 ing wars and conflicts: 20 (1) Civil war; from twentieth day of April, eighteen hundred sixty-one 21 to and including the ninth day of April, eighteen hundred sixty-five. 22 (2) Spanish-American war; from the twenty-first day of April, eighteen 23 hundred ninety-eight to and including the eleventh day of April, eigh- 24 teen hundred ninety-nine. 25 (3) Philippine insurrection; from the eleventh day of April, eighteen 26 hundred ninety-nine to and including the fourth day of July, nineteen 27 hundred two. 28 (4) World war I; from the sixth day of April, nineteen hundred seven- 29 teen to and including the eleventh day of November, nineteen hundred 30 eighteen. 31 (5) World war II; from the seventh day of December, nineteen hundred 32 forty-one to and including the thirty-first day of December, nineteen 33 hundred forty-six, or who was employed by the War Shipping Adminis- 34 tration or Office of Defense Transportation or their agents as a 35 merchant seaman documented by the United States Coast Guard or Depart- 36 ment of Commerce, or as a civil servant employed by the United States 37 Army Transport Service (later redesignated as the United States Army 38 Transportation Corps, Water Division) or the Naval Transportation 39 Service; and who served satisfactorily as a crew member during the peri- 40 od of armed conflict, December seventh, nineteen hundred forty-one, to 41 August fifteenth, nineteen hundred forty-five, aboard merchant vessels 42 in oceangoing, i.e., foreign, intercoastal, or coastwise service as such 43 terms are defined under federal law (46 USCA 10301 & 10501) and further 44 to include "near foreign" voyages between the United States and Canada, 45 Mexico, or the West Indies via ocean routes, or public vessels in ocean- 46 going service or foreign waters and who has received a Certificate of 47 Release or Discharge from Active Duty and a discharge certificate, or an 48 Honorable Service Certificate/Report of Casualty, from the Department of 49 Defense or who served as a United States civilian employed by the Ameri- 50 can Field Service and served overseas under United States Armies and 51 United States Army Groups in world war II during the period of armed 52 conflict, December seventh, nineteen hundred forty-one through May 53 eighth, nineteen hundred forty-five, and who (i) was discharged or 54 released therefrom under honorable conditions, or (ii) has a qualifying 55 condition, as defined in section one of the veterans' services law, and 56 has received a discharge other than bad conduct or dishonorable from
S. 5195--A 4 1 such service, or (iii) is a discharged LGBT veteran, as defined in 2 section one of the veterans' services law, and has received a discharge 3 other than bad conduct or dishonorable from such service, or who served 4 as a United States civilian Flight Crew and Aviation Ground Support 5 Employee of Pan American World Airways or one of its subsidiaries or its 6 affiliates and served overseas as a result of Pan American's contract 7 with Air Transport Command or Naval Air Transport Service during the 8 period of armed conflict, December fourteenth, nineteen hundred forty- 9 one through August fourteenth, nineteen hundred forty-five, and who (iv) 10 was discharged or released therefrom under honorable conditions, or (v) 11 has a qualifying condition, as defined in section one of the veterans' 12 services law, and has received a discharge other than bad conduct or 13 dishonorable from such service, or (vi) is a discharged LGBT veteran, as 14 defined in section one of the veterans' services law, and has received a 15 discharge other than bad conduct or dishonorable from such service. 16 (6) Korean conflict; from the twenty-seventh day of June, nineteen 17 hundred fifty to and including the thirty-first day of January, nineteen 18 hundred fifty-five. 19 (7) Viet Nam conflict; from the first of November, nineteen hundred 20 fifty-five to and including the seventh day of May, nineteen hundred 21 seventy-five. 22 (8) Persian Gulf conflict; from the second day of August, nineteen 23 hundred ninety to and including the end of such conflict. 24 3.] Veteran organization means the: 25 (a) Grand Army of the Republic; 26 (b) United Spanish War Veterans; 27 (c) American Legion; 28 (d) Disabled American Veterans; 29 (e) Veterans of Foreign Wars of the United States; 30 (f) Jewish War Veterans of the United States, Incorporated; 31 (g) Catholic War Veterans, Incorporated; 32 (h) Army and Navy Union of the United States; 33 (i) Italian American War Veterans of the United States, Incorporated; 34 (j) Polish Legion of American Veterans, Incorporated; 35 (k) The Marine Corps League; 36 (l) Military Order of the Purple Heart, Inc.; 37 (m) Amvets. 38 (n) American Veterans of World War II; 39 (o) Veterans of World War I, U.S.A., Inc. 40 (p) Polish-American Veterans of World War II; 41 (q) Masonic War Veterans of the state of N.Y., Inc.; 42 (r) American Gold Star Mothers, Inc.; 43 (s) Regular Veterans Association, Inc.; 44 (t) Vietnam Veterans of America; 45 (u) Eastern Paralyzed Veterans Association; 46 [4.] 3. Veteran assistance means safety net assistance given pursuant 47 to the provisions of this title, to the persons eligible therefor. 48 § 5. Subdivision 3 of section 404-a of the vehicle and traffic law, as 49 added by chapter 601 of the laws of 1987, is amended to read as follows: 50 3. Registration of vehicles owned by severely disabled veterans. The 51 commissioner shall assign to such motor vehicles, including any vans or 52 pick-up trucks used for transporting handicapped veterans which are not 53 used for commercial purposes and which are owned by such veterans or a 54 not-for-profit corporation serving such veterans, a distinctive number 55 and issue and deliver in such manner as the commissioner may prescribe 56 to the owner a certification of registration, in such form as the
S. 5195--A 5 1 commissioner shall prescribe and two number plates, called disabled 2 veteran plates. Said severely disabled veteran plates shall conform to 3 the requirements of section four hundred one of this [chapter] article, 4 but shall bear distinctive marks to distinguish them from number plates 5 to be issued to other persons, qualifying under this [chapter] article. 6 The commissioner in his discretion, may issue, for any registration 7 year, only one plate as a set for a motor vehicle, in which event a set 8 of severely disabled veteran plates for a motor vehicle shall consist of 9 one plate. Where a severely disabled veteran owns more than one vehicle 10 and such vehicle or vehicles is or are used by severely disabled members 11 of the owner's family who reside with the owner, the commissioner shall 12 issue one set of plates for each additional vehicle used by such severe- 13 ly disabled veteran, provided that such user qualifies as a severely 14 disabled veteran in the manner required by this section. For purposes of 15 this subdivision, the term "severely disabled veteran" shall mean [any 16 member of the armed forces of the United States who served in time of 17 war,] a veteran as defined in section eighty-five of the civil service 18 law, and whose disability qualifies him as a severely disabled person 19 within the meaning of such term as defined in subdivision four of this 20 section. 21 § 6. This act shall take effect immediately.