BILL NUMBER: S5246
SPONSOR: SKOUFIS
 
TITLE OF BILL:
An act to amend the economic development law, the public officers law
and the military law, in relation to expanding the definition of veteran
to include members of the commissioned corps of the national oceanic and
atmospheric administration and the commissioned corps of the public
health service
 
PURPOSE:
To ensure that the commissioned corps of the National Oceanic and Atmo-
spheric Administration (NOAA) and the United States Public Health
Services (USPHS) are represented under New York State law.
 
SUMMARY OF PROVISIONS:
Section 1: Amends subdivision 6 of section 210 of the economic develop-
ment law, to define "veteran" in the economic development law is
expanded to include individuals who served in the U.S. Army, Navy, Air
Force, Marines, Coast Guard, NOAA Commissioned Corps, Public Health
Service Commissioned Corps, Reserves, Army National Guard, Air National
Guard, New York Guard, and New York Naval Militia. To qualify, they must
have received an honorable or general discharge, have a qualifying
condition with a discharge other than bad conduct or dishonorable, or be
a discharged LGBT veteran with a similar discharge status.
Section 2: Amends section 63 of the public officer's law to require
veterans employed in public offices, courts, public works, local govern-
ments, public benefit corporations, and public authorities in New York
to receive a paid leave of absence on Memorial Day and Veterans Day.
Eligible veterans include those who served in the U.S. Armed Forces,
merchant marines, civilian support roles during World War II, and
foreign allied forces during major conflicts. Veterans must have an
honorable or general discharge, a qualifying condition with a discharge
other than dishonorable, or be a discharged LGBT veteran with a similar
discharge status. If granting leave on these holidays would endanger
public safety, an alternative paid leave day must be provided. Employers
who deny this leave are considered negligent in their duties.
Section 3: Amends paragraph (b) of subdivision 1 of section 243 of the
military law, which defines the term "military duty" to include service
in the U.S. military, naval, aviation, or marine forces after July 1,
1940, whether voluntary or required by law. It also covers service in
the U.S. Public Health Service, National Oceanic and Atmospheric Admin-
istration, American Red Cross, Merchant Marine, and certain civilian
roles supporting the military during wartime. Additionally, it includes
police officers serving abroad with employer consent. Military duty
starts when an employee leaves and ends upon reinstatement within 90
days after service. Voluntary service between 1947-1950 is excluded, and
after July 1, 1970, voluntary service exceeding four years (or five if
requested by the government) is not considered, except during war or a
national emergency.
Section 4: Sets Effective Date
 
JUSTIFICATION:
Under federal law, those who served in the commissioned corps of NOAA
and USPHS are eligible for various veterans benefits, similar to those
who served in the United States armed forces. Although NOAA and USPHS
are part of the military, some provisions of State law that define mili-
tary and veteran benefits do not include them. This legislation clari-
fies that they are included.NOAA members are part of the military serv-
ing the public's mission of environmental science and stewardship across
the country. Among its members are doctors, scientists, engineers, and
environmental professionals. USPHS is part of the military serving the
public across the country in roles of nurses, pharmacists, scientists,
and health service workers. During the COVID-19 pandemic, these military
members were important to keeping New Yorkers safe.
 
LEGISLATIVE HISTORY:
Senate
2021: S5233B, Referred to Veterans, Homeland Security, and Military
Affairs
2022: S5233B, Amend and Recommit to Veterans, Homeland Security, and
Military Affairs
2023: S5194C, Amend and Recommit to Veterans, Homeland Security, and
Military Affairs
2024:S5194C, Amend and Recommit to Veterans, Homeland Security, and
Military Affairs
Assembly
2021: No Assembly Same-As
2022: No Assembly Same-As
2023: N/A
2024: A8914, Passed Assembly
 
FISCAL IMPLICATIONS:
To be determined.
 
EFFECTIVE DATE:
This act shall take effect on the first April next, succeeding the date
on which it shall have become a law.

Statutes affected:
S5246: 210 economic development law, 210(6) economic development law, 63 public officers law, 243 military law, 243(1) military law