NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A4611B
SPONSOR: Jean-Pierre TITLE OF BILL:
An act to amend the 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
PURPOSE OF THE BILL:
To remove the requirement that a veteran must have served during wartime
to be granted certain benefits.
SUMMARY OF SPECIFIC PROVISIONS:
Section 1: amends sudivision 1 of section 13 of the Veterans' Services
Law to remove the wartime requirement.
Section 2: amends subdivision 1 of section 15 of the Veterans' Services
Law to remove the wartime requirement.'
Section 3: amend subdivision 1, 2 and 3 of section 168 of the Social
Services Law to remove the wartime requirement included in the defi-
nition of veteran.
Section 4: amends subdivision 3 of section 404-a of the-Vehicle and
Traffic Law to remove the wartime requirement included in the registra-
tion of vehicles owned by severely disabled veterans.
Section 5: effective date.
JUSTIFICATION:
As enacted, New York State law provides certain benefits only to those
United States veterans who served during times of war. This bill will
ensure all veterans and their family members have access to their enti-
tled benefits regardless of whether the United States was actively
participating in a war during their time of service.
LEGISLATIVE HISTORY:
2021/2022: A9860-A/S5232-A
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None.
EFFECTIVE DATE:
This act shall take effect immediately.
STATE OF NEW YORK
________________________________________________________________________
4611--B
2023-2024 Regular Sessions
IN ASSEMBLY
February 17, 2023
___________
Introduced by M. of A. JEAN-PIERRE -- read once and referred to the
Committee on Veterans' Affairs -- committee discharged, bill amended,
ordered reprinted as amended and recommitted to said committee --
reported and referred to the Committee on Ways and Means -- committee
discharged, bill amended, ordered reprinted as amended and recommitted
to said committee
AN ACT to amend the the veterans' services law, the social services law
and the vehicle and traffic law, in relation to removing the require-
ment that a veteran served during wartime to be granted certain bene-
fits
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 13 of the veterans' services law
2 is amended to read as follows:
3 1. A state veterans' service agency established by the department
4 pursuant to this article shall have power and it shall be its duty to
5 inform military and naval authorities of the United States and assist
6 members of the uniformed services and veterans, who are residents of
7 this state, and their families, in relation to (1) matters pertaining to
8 educational training and retraining services and facilities, (2) health,
9 medical and rehabilitation services and facilities, (3) provisions of
10 federal, state and local laws and regulations affording special rights
11 and privileges to members of the uniformed services and [war] veterans
12 and their families, (4) employment and re-employment services, and (5)
13 other matters of similar, related or appropriate nature. The state
14 veterans' service agency also shall perform such other duties as may be
15 assigned by the state commissioner.
16 § 2. Subdivision 1 of section 15 of the veterans' services law is
17 amended to read as follows:
18 1. A local veterans' service agency shall have power under the direc-
19 tion of the state veterans' service agency, and it shall be its duty to
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD01439-06-3
A. 4611--B 2
1 inform military and naval authorities of the United States and assist
2 members of the uniformed services and veterans, who are residents of
3 this state, and their families, in relation to (1) matters pertaining to
4 educational training and retraining services and facilities, (2) health,
5 medical and rehabilitation services and facilities, (3) provisions of
6 federal, state and local laws and regulations affording special rights
7 and privileges to members of the uniformed services and [war] veterans
8 and their families, (4) employment and re-employment services, (5) the
9 process of submitting an application for a discharge upgrade to the
10 discharge upgrade advisory board, and (6) other matters of similar,
11 related or appropriate nature. The local veterans' service agency may
12 also assist families of members of the reserve components of the
13 uniformed services and the organized militia ordered into active duty to
14 ensure that they are made aware of and are receiving all appropriate
15 support available to them and are placed in contact with the agencies
16 responsible for such support, including, but not limited to, the divi-
17 sion of military and naval affairs and other state agencies responsible
18 for providing such support. The local veterans' service agency also
19 shall perform such other duties as may be assigned by the state commis-
20 sioner.
21 § 3. Section 168 of the social services law, as added by chapter 871
22 of the laws of 1948, subdivision 1 and paragraph 5 of subdivision 2 as
23 amended by section 86 of part PP of chapter 56 of the laws of 2022,
24 subdivision 2 as amended by chapter 467 of the laws of 1991, paragraph 7
25 of subdivision 2 as amended by chapter 606 of the laws of 2021, para-
26 graph (i) of subdivision 3 as amended by chapter 610 of the laws of
27 1960, paragraphs (n), (p), (q), (r), (s), (t) and (u) of subdivision 3
28 as added by chapter 219 of the laws of 1983, paragraph (o) of subdivi-
29 sion 3 as added by chapter 643 of the laws of 1959, subdivision 4 as
30 amended by section 78 of part B of chapter 436 of the laws of 1997, is
31 amended to read as follows:
32 § 168. Definitions. As used in this title:
33 1. Veteran means a person[, male or female,] who has served in the
34 armed forces of the United States [in time of war,] or who was a recipi-
35 ent of the armed forces expeditionary medal, navy expeditionary medal or
36 marine corps expeditionary medal for participation in operations in
37 Lebanon from June first, nineteen hundred eighty-three to December
38 first, nineteen hundred eighty-seven, in Grenada from October twenty-
39 third, nineteen hundred eighty-three to November twenty-first, nineteen
40 hundred eighty-three, or in Panama from December twentieth, nineteen
41 hundred eighty-nine to January thirty-first, nineteen hundred ninety,
42 and who [(1)] (a) has been honorably discharged or released under honor-
43 able circumstances from such service or furloughed to the reserve, or
44 [(2)] (b) has a qualifying condition, as defined in section one of the
45 veterans' services law, and has received a discharge other than bad
46 conduct or dishonorable from such service, or [(3)] (c) is a discharged
47 LGBT veteran, as defined in section one of the veterans' services law,
48 and has received a discharge other than bad conduct or dishonorable from
49 such service.
50 2. [In time of war means the periods herein set forth for the follow-
51 ing wars and conflicts:
52 (1) Civil war; from twentieth day of April, eighteen hundred sixty-one
53 to and including the ninth day of April, eighteen hundred sixty-five.
54 (2) Spanish-American war; from the twenty-first day of April, eighteen
55 hundred ninety-eight to and including the eleventh day of April, eigh-
56 teen hundred ninety-nine.
A. 4611--B 3
1 (3) Philippine insurrection; from the eleventh day of April, eighteen
2 hundred ninety-nine to and including the fourth day of July, nineteen
3 hundred two.
4 (4) World war I; from the sixth day of April, nineteen hundred seven-
5 teen to and including the eleventh day of November, nineteen hundred
6 eighteen.
7 (5) World war II; from the seventh day of December, nineteen hundred
8 forty-one to and including the thirty-first day of December, nineteen
9 hundred forty-six, or who was employed by the War Shipping Adminis-
10 tration or Office of Defense Transportation or their agents as a
11 merchant seaman documented by the United States Coast Guard or Depart-
12 ment of Commerce, or as a civil servant employed by the United States
13 Army Transport Service (later redesignated as the United States Army
14 Transportation Corps, Water Division) or the Naval Transportation
15 Service; and who served satisfactorily as a crew member during the peri-
16 od of armed conflict, December seventh, nineteen hundred forty-one, to
17 August fifteenth, nineteen hundred forty-five, aboard merchant vessels
18 in oceangoing, i.e., foreign, intercoastal, or coastwise service as such
19 terms are defined under federal law (46 USCA 10301 & 10501) and further
20 to include "near foreign" voyages between the United States and Canada,
21 Mexico, or the West Indies via ocean routes, or public vessels in ocean-
22 going service or foreign waters and who has received a Certificate of
23 Release or Discharge from Active Duty and a discharge certificate, or an
24 Honorable Service Certificate/Report of Casualty, from the Department of
25 Defense or who served as a United States civilian employed by the Ameri-
26 can Field Service and served overseas under United States Armies and
27 United States Army Groups in world war II during the period of armed
28 conflict, December seventh, nineteen hundred forty-one through May
29 eighth, nineteen hundred forty-five, and who (i) was discharged or
30 released therefrom under honorable conditions, or (ii) has a qualifying
31 condition, as defined in section one of the veterans' services law, and
32 has received a discharge other than bad conduct or dishonorable from
33 such service, or (iii) is a discharged LGBT veteran, as defined in
34 section one of the veterans' services law, and has received a discharge
35 other than bad conduct or dishonorable from such service, or who served
36 as a United States civilian Flight Crew and Aviation Ground Support
37 Employee of Pan American World Airways or one of its subsidiaries or its
38 affiliates and served overseas as a result of Pan American's contract
39 with Air Transport Command or Naval Air Transport Service during the
40 period of armed conflict, December fourteenth, nineteen hundred forty-
41 one through August fourteenth, nineteen hundred forty-five, and who (iv)
42 was discharged or released therefrom under honorable conditions, or (v)
43 has a qualifying condition, as defined in section one of the veterans'
44 services law, and has received a discharge other than bad conduct or
45 dishonorable from such service, or (vi) is a discharged LGBT veteran, as
46 defined in section one of the veterans' services law, and has received a
47 discharge other than bad conduct or dishonorable from such service.
48 (6) Korean conflict; from the twenty-seventh day of June, nineteen
49 hundred fifty to and including the thirty-first day of January, nineteen
50 hundred fifty-five.
51 (7) Viet Nam conflict; from the first of November, nineteen hundred
52 fifty-five to and including the seventh day of May, nineteen hundred
53 seventy-five.
54 (8) Persian Gulf conflict; from the second day of August, nineteen
55 hundred ninety to and including the end of such conflict.
56 3.] Veteran organization means the:
A. 4611--B 4
1 (a) Grand Army of the Republic;
2 (b) United Spanish War Veterans;
3 (c) American Legion;
4 (d) Disabled American Veterans;
5 (e) Veterans of Foreign Wars of the United States;
6 (f) Jewish War Veterans of the United States, Incorporated;
7 (g) Catholic War Veterans, Incorporated;
8 (h) Army and Navy Union of the United States;
9 (i) Italian American War Veterans of the United States, Incorporated;
10 (j) Polish Legion of American Veterans, Incorporated;
11 (k) The Marine Corps League;
12 (l) Military Order of the Purple Heart, Inc.;
13 (m) Amvets.
14 (n) American Veterans of World War II;
15 (o) Veterans of World War I, U.S.A., Inc.
16 (p) Polish-American Veterans of World War II;
17 (q) Masonic War Veterans of the state of N.Y., Inc.;
18 (r) American Gold Star Mothers, Inc.;
19 (s) Regular Veterans Association, Inc.;
20 (t) Vietnam Veterans of America;
21 (u) Eastern Paralyzed Veterans Association;
22 [4.] 3. Veteran assistance means safety net assistance given pursuant
23 to the provisions of this title, to the persons eligible therefor.
24 § 4. Subdivision 3 of section 404-a of the vehicle and traffic law, as
25 added by chapter 601 of the laws of 1987, is amended to read as follows:
26 3. Registration of vehicles owned by severely disabled veterans. The
27 commissioner shall assign to such motor vehicles, including any vans or
28 pick-up trucks used for transporting handicapped veterans which are not
29 used for commercial purposes and which are owned by such veterans or a
30 not-for-profit corporation serving such veterans, a distinctive number
31 and issue and deliver in such manner as the commissioner may prescribe
32 to the owner a certification of registration, in such form as the
33 commissioner shall prescribe and two number plates, called disabled
34 veteran plates. Said severely disabled veteran plates shall conform to
35 the requirements of section four hundred one of this [chapter] article,
36 but shall bear distinctive marks to distinguish them from number plates
37 to be issued to other persons, qualifying under this [chapter] article.
38 The commissioner in his discretion, may issue, for any registration
39 year, only one plate as a set for a motor vehicle, in which event a set
40 of severely disabled veteran plates for a motor vehicle shall consist of
41 one plate. Where a severely disabled veteran owns more than one vehicle
42 and such vehicle or vehicles is or are used by severely disabled members
43 of the owner's family who reside with the owner, the commissioner shall
44 issue one set of plates for each additional vehicle used by such severe-
45 ly disabled veteran, provided that such user qualifies as a severely
46 disabled veteran in the manner required by this section. For purposes of
47 this subdivision, the term "severely disabled veteran" shall mean [any
48 member of the armed forces of the United States who served in time of
49 war,] a veteran as defined in section eighty-five of the civil service
50 law, and whose disability qualifies him as a severely disabled person
51 within the meaning of such term as defined in subdivision four of this
52 section.
53 § 5. This act shall take effect immediately.
