A04611 Summary:

BILL NOA04611B
 
SAME ASSAME AS S05195-B
 
SPONSORJean-Pierre
 
COSPNSRPheffer Amato
 
MLTSPNSR
 
Amd 168, Soc Serv L; amd 404-a, V & T L; amd 13 & 15, Veterans' Services L
 
Removes the requirement that a veteran served during wartime to be granted certain benefits.
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A04611 Actions:

BILL NOA04611B
 
02/17/2023referred to veterans' affairs
05/19/2023amend (t) and recommit to veterans' affairs
05/19/2023print number 4611a
05/23/2023reported referred to ways and means
05/26/2023amend (t) and recommit to ways and means
05/26/2023print number 4611b
05/31/2023reported referred to rules
06/08/2023reported
06/08/2023rules report cal.693
06/08/2023ordered to third reading rules cal.693
06/08/2023passed assembly
06/08/2023delivered to senate
06/08/2023REFERRED TO RULES
01/03/2024DIED IN SENATE
01/03/2024RETURNED TO ASSEMBLY
01/03/2024ordered to third reading cal.127
02/28/2024passed assembly
02/28/2024delivered to senate
02/28/2024REFERRED TO VETERANS, HOMELAND SECURITY AND MILITARY AFFAIRS
06/03/2024SUBSTITUTED FOR S5195B
06/03/20243RD READING CAL.1639
06/03/2024PASSED SENATE
06/03/2024RETURNED TO ASSEMBLY
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A04611 Committee Votes:

VETERANS' AFFAIRS Chair:Jean-Pierre DATE:05/23/2023AYE/NAY:18/0 Action: Favorable refer to committee Ways and Means
Jean-PierreAyeManktelowAye
SantabarbaraAyeMorinelloAye
HunterAyeHawleyExcused
Pheffer AmatoAyeMcDonoughAye
SternAyeSmullenAye
JonesAyeAngelinoAye
ButtenschonAye
RajkumarAye
SeptimoAye
BurdickAye
CunninghamAye
EachusAye
RagaAye

WAYS AND MEANS Chair:Weinstein DATE:05/31/2023AYE/NAY:35/0 Action: Favorable refer to committee Rules
WeinsteinAyeRaAye
GlickAyeFitzpatrickAye
PretlowAyeHawleyAye
ColtonAyeBlankenbushAye
CookAyeNorrisAye
AubryAyeBrabenecAye
BenedettoAyePalmesanoAye
WeprinAyeWalshAye
RamosAyeDeStefanoAye
BraunsteinAyeManktelowAye
McDonaldAyeSmullenAye
RozicAye
DinowitzAye
JoynerAye
MagnarelliAye
ZebrowskiAye
BronsonAye
DilanAye
SeawrightAye
HyndmanAye
WalkerAye
Bichotte HermelAye
SimonAye
CruzAye

RULES Chair:Pretlow DATE:06/08/2023AYE/NAY:28/0 Action: Favorable
HeastieExcusedBarclayAye
WeinsteinAyeHawleyAye
PretlowAyeGiglioAye
CookAyeBlankenbushAye
GlickAyeNorrisAye
AubryAyeRaAye
DinowitzAyeBrabenecExcused
ColtonAyePalmesanoAye
MagnarelliAyeReillyAye
PaulinAye
Peoples-StokesAye
BenedettoAye
LavineAye
LupardoAye
ZebrowskiAye
ThieleAye
BraunsteinAye
DickensAye
DavilaExcused
HyndmanAye
RozicAye
BronsonAye

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A04611 Memo:

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.
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A04611 Text:



 
                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.
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A04611 Chamber Video/Transcript:

6-8-23Video (@ 14:26:15)Transcript pdf Transcript html
2-28-24Video (@ 00:48:16)Transcript pdf Transcript html
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