[ ] is old law to be omitted.
LBD00460-08-9
S. 45--B 2
9. THE TERM "DISCHARGED LGBT VETERAN" MEANS A VETERAN WHO WAS
DISCHARGED LESS THAN HONORABLY FROM MILITARY OR NAVAL SERVICE DUE TO
THEIR SEXUAL ORIENTATION OR GENDER IDENTITY OR EXPRESSION, AS THOSE
TERMS ARE DEFINED IN SECTION TWO HUNDRED NINETY-TWO OF THIS CHAPTER, OR
STATEMENTS, CONSENSUAL SEXUAL CONDUCT, OR CONSENSUAL ACTS RELATING TO
SEXUAL ORIENTATION, GENDER IDENTITY OR EXPRESSION, OR THE DISCLOSURE OF
SUCH STATEMENTS, CONDUCT, OR ACTS, THAT WERE PROHIBITED BY THE MILITARY
OR NAVAL SERVICE AT THE TIME OF DISCHARGE. THE DIVISION SHALL ESTABLISH
A CONSISTENT AND UNIFORM PROCESS TO DETERMINE WHETHER A VETERAN QUALI-
FIES AS A DISCHARGED LGBT VETERAN UNDER THIS SUBDIVISION, INCLUDING, AT
A MINIMUM, STANDARDS FOR VERIFYING A VETERAN'S STATUS AS A DISCHARGED
LGBT VETERAN, AND A METHOD OF DEMONSTRATING ELIGIBILITY AS A DISCHARGED
LGBT VETERAN.
§ 2. Paragraph (b) of subdivision 5 of section 50 of the civil service
law, as amended by chapter 35 of the laws of 2018, is amended to read as
follows:
(b) Notwithstanding the provisions of paragraph (a) of this subdivi-
sion, the state civil service department, subject to the approval of the
director of the budget, a municipal commission, subject to the approval
of the governing board or body of the city or county, as the case may
be, or a regional commission or personnel officer, pursuant to govern-
mental agreement, may elect to waive application fees, or to abolish
fees for specific classes of positions or types of examinations or
candidates, or to establish a uniform schedule of reasonable fees
different from those prescribed in paragraph (a) of this subdivision,
specifying in such schedule the classes of positions or types of exam-
inations or candidates to which such fees shall apply; provided, howev-
er, that fees shall be waived for candidates who certify to the state
civil service department, a municipal commission or a regional commis-
sion that they are unemployed and primarily responsible for the support
of a household, or are receiving public assistance. Provided further,
the state civil service department shall waive the state application fee
for examinations for original appointment for all veterans. Notwith-
standing any other provision of law, for purposes of this section, the
term "veteran" shall mean a person who has served in the armed forces of
the United States or the reserves thereof, or in the army national
guard, air national guard, New York guard, or the New York naval mili-
tia, and who (1) has been honorably discharged or released from such
service under honorable conditions, OR (2) HAS A QUALIFYING CONDITION,
AS DEFINED IN SECTION THREE HUNDRED FIFTY OF THE EXECUTIVE LAW, AND HAS
RECEIVED A DISCHARGE OTHER THAN BAD CONDUCT OR DISHONORABLE FROM SUCH
SERVICE, OR (3) IS A DISCHARGED LGBT VETERAN, AS DEFINED IN SECTION
THREE HUNDRED FIFTY OF THE EXECUTIVE LAW, AND HAS RECEIVED A DISCHARGE
OTHER THAN BAD CONDUCT OR DISHONORABLE FROM SUCH SERVICE. The term
"armed forces" shall mean the army, navy, air force, marine corps, and
coast guard.
§ 3. Paragraph (b) of subdivision 1 of section 75 of the civil service
law, as amended by chapter 350 of the laws of 1989, is amended to read
as follows:
(b) a person holding a position by permanent appointment or employment
in the classified service of the state or in the several cities, coun-
ties, towns, or villages thereof, or in any other political or civil
division of the state or of a municipality, or in the public school
service, or in any public or special district, or in the service of any
authority, commission or board, or in any other branch of public
service, who was honorably discharged or released under honorable
S. 45--B 3
circumstances from the armed forces of the United States INCLUDING (I)
HAVING A QUALIFYING CONDITION AS DEFINED IN SECTION THREE HUNDRED FIFTY
OF THE EXECUTIVE LAW, AND RECEIVING A DISCHARGE OTHER THAN BAD CONDUCT
OR DISHONORABLE FROM SUCH SERVICE, OR (II) BEING A DISCHARGED LGBT
VETERAN, AS DEFINED IN SECTION THREE HUNDRED FIFTY OF THE EXECUTIVE LAW,
AND RECEIVING A DISCHARGE OTHER THAN BAD CONDUCT OR DISHONORABLE FROM
SUCH SERVICE, having served therein as such member in time of war as
defined in section eighty-five of this chapter, or who is an exempt
volunteer firefighter as defined in the general municipal law, except
when a person described in this paragraph holds the position of private
secretary, cashier or deputy of any official or department, or
§ 4. Paragraph (a) of subdivision 1 of section 85 of the civil service
law, as amended by chapter 333 of the laws of 1993, is amended to read
as follows:
(a) The terms "veteran" and "non-disabled veteran" mean a member of
the armed forces of the United States who served therein in time of war,
who was honorably discharged or released under honorable circumstances
from such service INCLUDING (I) HAVING A QUALIFYING CONDITION AS DEFINED
IN SECTION THREE HUNDRED FIFTY OF THE EXECUTIVE LAW, AND RECEIVING A
DISCHARGE OTHER THAN BAD CONDUCT OR DISHONORABLE FROM SUCH SERVICE, OR
(II) BEING A DISCHARGED LGBT VETERAN, AS DEFINED IN SECTION THREE
HUNDRED FIFTY OF THE EXECUTIVE LAW, AND RECEIVING A DISCHARGE OTHER THAN
BAD CONDUCT OR DISHONORABLE FROM SUCH SERVICE, who is a citizen of the
United States or an alien lawfully admitted for permanent residence in
the United States and who is a resident of the state of New York at the
time of application for appointment or promotion or at the time of
retention, as the case may be.
§ 5. Subparagraph 2 of paragraph (b) of subdivision 1 of section 85 of
the civil service law, as amended by chapter 616 of the laws of 1995, is
amended to read as follows:
(2) A veteran who served in world war II, who continued to serve in
the armed forces of the United States after the second day of September,
nineteen hundred forty-five, or who was employed by the War Shipping
Administration or Office of Defense Transportation or their agents as a
merchant seaman documented by the United States Coast Guard or Depart-
ment of Commerce, or as a civil servant employed by the United States
Army Transport Service (later redesignated as the United States Army
Transportation Corps, Water Division) or the Naval Transportation
Service; and who served satisfactorily as a crew member during the peri-
od of armed conflict, December seventh, nineteen hundred forty-one, to
August fifteenth, nineteen hundred forty-five, aboard merchant vessels
in oceangoing, i.e., foreign, intercoastal, or coastwise service as such
terms are defined under federal law (46 USCA 10301 & 10501) and further
to include "near foreign" voyages between the United States and Canada,
Mexico, or the West Indies via ocean routes, or public vessels in ocean-
going service or foreign waters and who has received a Certificate of
Release or Discharge from Active Duty and a discharge certificate, or an
Honorable Service Certificate/Report of Casualty, from the Department of
Defense, or who served as a United States civilian employed by the Amer-
ican Field Service and served overseas under United States Armies and
United States Army Groups in world war II during the period of armed
conflict, December seventh, nineteen hundred forty-one through May
eighth, nineteen hundred forty-five, and who (I) was discharged or
released therefrom under honorable [conditions,] CIRCUMSTANCES OR (II)
HAS A QUALIFYING CONDITION, AS DEFINED IN SECTION THREE HUNDRED FIFTY OF
THE EXECUTIVE LAW, AND HAS RECEIVED A DISCHARGE OTHER THAN BAD CONDUCT
S. 45--B 4
OR DISHONORABLE FROM SUCH SERVICE, OR (III) IS A DISCHARGED LGBT VETER-
AN, AS DEFINED IN SECTION THREE HUNDRED FIFTY OF THE EXECUTIVE LAW, AND
HAS RECEIVED A DISCHARGE OTHER THAN BAD CONDUCT OR DISHONORABLE FROM
SUCH SERVICE, or who served as a United States civilian Flight Crew and
Aviation Ground Support Employee of Pan American World Airways or one of
its subsidiaries or its affiliates and served overseas as a result of
Pan American's contract with Air Transport Command or Naval Air Trans-
port Service during the period of armed conflict, December fourteenth,
nineteen hundred forty-one through August fourteenth, nineteen hundred
forty-five, and who (IV) was discharged or released therefrom under
honorable [conditions,] CIRCUMSTANCES OR (V) HAS A QUALIFYING CONDITION,
AS DEFINED IN SECTION THREE HUNDRED FIFTY OF THE EXECUTIVE LAW, AND HAS
RECEIVED A DISCHARGE OTHER THAN BAD CONDUCT OR DISHONORABLE FROM SUCH
SERVICE, OR (VI) IS A DISCHARGED LGBT VETERAN, AS DEFINED IN SECTION
THREE HUNDRED FIFTY OF THE EXECUTIVE LAW, AND HAS RECEIVED A DISCHARGE
OTHER THAN BAD CONDUCT OR DISHONORABLE FROM SUCH SERVICE, and who is
certified, as hereinbefore provided, by the United States veterans'
administration as receiving disability payments upon the certification
of such veterans' administration for a disability incurred by him in
such service on or before the date that world war II is declared termi-
nated.
§ 6. Section 86 of the civil service law, as amended by chapter 476 of
the laws of 2018, is amended to read as follows:
§ 86. Transfer of veterans or exempt volunteer firefighters upon abol-
ition of positions. If the position in the non-competitive or in the
labor class held by any honorably discharged veteran of the armed forces
of the United States OR BY ANY VETERAN OF THE ARMED FORCES OF THE UNITED
STATES RELEASED UNDER HONORABLE CIRCUMSTANCES FROM SUCH SERVICE INCLUD-
ING (I) HAVING A QUALIFYING CONDITION AS DEFINED IN SECTION THREE
HUNDRED FIFTY OF THE EXECUTIVE LAW, AND RECEIVING A DISCHARGE OTHER THAN
BAD CONDUCT OR DISHONORABLE FROM SUCH SERVICE, OR (II) BEING A
DISCHARGED LGBT VETERAN, AS DEFINED IN SECTION THREE HUNDRED FIFTY OF
THE EXECUTIVE LAW, AND RECEIVING A DISCHARGE OTHER THAN BAD CONDUCT OR
DISHONORABLE FROM SUCH SERVICE, who served therein in time of war as
defined in section eighty-five of this chapter, or by an exempt volun-
teer firefighter as defined in the general municipal law, shall become
unnecessary or be abolished for reasons of economy or otherwise, the
honorably discharged veteran or exempt volunteer firefighter holding
such position shall not be discharged from the public service but shall
be transferred to a similar position wherein a vacancy exists, and shall
receive the same compensation therein. It is hereby made the duty of all
persons clothed with the power of appointment to make such transfer
effective. The right to transfer herein conferred shall continue for a
period of one year following the date of abolition of the position, and
may be exercised only where a vacancy exists in an appropriate position
to which transfer may be made at the time of demand for transfer. Where
the positions of more than one such veteran or exempt volunteer fire-
fighter are abolished and a lesser number of vacancies in similar posi-
tions exist to which transfer may be made, the veterans or exempt volun-
teer firefighters whose positions are abolished shall be entitled to
transfer to such vacancies in the order of their original appointment in
the service. Nothing in this section shall be construed to apply to the
position of private secretary, cashier or deputy of any official or
department. This section shall have no application to persons encom-
passed by section eighty-a of this chapter.
S. 45--B 5
§ 7. Section 831 of the county law, as added by chapter 653 of the
laws of 1986, is amended to read as follows:
§ 831. Soldier burial plots in Dutchess county. The legislature of the
county of Dutchess may authorize the purchase of burial plots and
provide for marker settings and perpetual care and maintenance of such
plots in one or more of the cemeteries of the county of Dutchess for
deceased veterans, who, at the time of death, were residents of the
county of Dutchess and who (I) were discharged from the armed forces of
the United States either honorably or under honorable circumstances, OR
(II) HAD A QUALIFYING CONDITION, AS DEFINED IN SECTION THREE HUNDRED
FIFTY OF THE EXECUTIVE LAW, AND RECEIVED A DISCHARGE OTHER THAN BAD
CONDUCT OR DISHONORABLE, OR (III) WERE A DISCHARGED LGBT VETERAN, AS
DEFINED IN SECTION THREE HUNDRED FIFTY OF THE EXECUTIVE LAW, AND
RECEIVED A DISCHARGE OTHER THAN BAD CONDUCT OR DISHONORABLE. The expense
thereof shall be a county charge.
§ 8. Subdivision 6 of section 210 of the economic development law, as
added by chapter 398 of the laws of 2018, is amended to read as follows:
6. "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
army national guard, air national guard, New York guard and/or New York
naval militia AND WHO (A) HAS RECEIVED AN HONORABLE OR GENERAL DISCHARGE
FROM SUCH SERVICE, OR (B) HAS A QUALIFYING CONDITION, AS DEFINED IN
SECTION THREE HUNDRED FIFTY OF THE EXECUTIVE LAW, AND HAS RECEIVED A
DISCHARGE OTHER THAN BAD CONDUCT OR DISHONORABLE FROM SUCH SERVICE, OR
(C) IS A DISCHARGED LGBT VETERAN, AS DEFINED IN SECTION THREE HUNDRED
FIFTY OF THE EXECUTIVE LAW, AND HAS RECEIVED A DISCHARGE OTHER THAN BAD
CONDUCT OR DISHONORABLE FROM SUCH SERVICE.
§ 9. Paragraph c of subdivision 1 of section 360 of the education law,
as amended by chapter 699 of the laws of 2005, is amended to read as
follows:
c. Adopt and enforce campus rules and regulations not inconsistent
with the vehicle and traffic law relating to parking, vehicular and
pedestrian traffic, and safety. Such rules and regulations may include
provisions for the disposition of abandoned vehicles, removal by towing
or otherwise of vehicles parked in violation of such rules at the
expense of the owner, the payment of fees for the registration or park-
ing of such vehicles, provided that such campus rules and regulations
may provide that any veteran attending the state university as a student
shall be exempt from any fees for parking or registering a motor vehi-
cle, and the assessment of administrative fines upon the owner or opera-
tor of such vehicles for each violation of the regulations. However, no
such fine may be imposed without a hearing or an opportunity to be heard
conducted by an officer or board designated by the board of trustees.
Such fines, in the case of an officer or employee of state university,
may be deducted from the salary or wages of such officer or employee
found in violation of such regulations, or in the case of a student of
state university found in violation of such regulations, the university
may withhold his grades and transcripts until such time as any fine is
paid. For purposes of this subdivision, the term "veteran" shall mean a
member of the armed forces of the United States who served in such armed
forces in time of war and who (I) was honorably discharged or released
under honorable circumstances from such service, OR (II) HAS A QUALIFY-
ING CONDITION, AS DEFINED IN SECTION THREE HUNDRED FIFTY OF THE EXECU-
TIVE LAW, AND HAS RECEIVED A DISCHARGE OTHER THAN BAD CONDUCT OR
DISHONORABLE FROM SUCH SERVICE, OR (III) IS A DISCHARGED LGBT VETERAN,
S. 45--B 6
AS DEFINED IN SECTION THREE HUNDRED FIFTY OF THE EXECUTIVE LAW, AND HAS
RECEIVED A DISCHARGE OTHER THAN BAD CONDUCT OR DISHONORABLE FROM SUCH
SERVICE.
§ 10. The opening paragraph of subdivision 6 of section 503 of the
education law, as amended by chapter 616 of the laws of 1995, is amended
to read as follows:
Credit for service in war after world war I, which shall mean military
service during the period commencing the first day of July, nineteen
hundred forty, and terminating the thirtieth day of June, nineteen
hundred forty-seven, or during the period commencing the twenty-seventh
day of June, nineteen hundred fifty, and terminating the thirty-first
day of January, nineteen hundred fifty-five, or during both such peri-
ods, as a member of the armed forces of the United States, of any person
who (I) has been honorably discharged or released under honorable
circumstances from such service, OR (II) HAS A QUALIFYING CONDITION, AS
DEFINED IN SECTION THREE HUNDRED FIFTY OF THE EXECUTIVE LAW, AND HAS
RECEIVED A DISCHARGE OTHER THAN BAD CONDUCT OR DISHONORABLE FROM SUCH
SERVICE, OR (III) IS A DISCHARGED LGBT VETERAN, AS DEFINED IN SECTION
THREE HUNDRED FIFTY OF THE EXECUTIVE LAW, AND HAS RECEIVED A DISCHARGE
OTHER THAN BAD CONDUCT OR DISHONORABLE FROM SUCH SERVICE, or service by
one who was employed by the War Shipping Administration or Office of
Defense Transportation or their agents as a merchant seaman documented
by the United States Coast Guard or Department of Commerce, or as a
civil servant employed by the United States Army Transport Service
(later redesignated as the United States Army Transportation Corps,
Water Division) or the Naval Transportation Service; and who served
satisfactorily as a crew member during the period of armed conflict,
December seventh, nineteen hundred forty-one, to August fifteenth, nine-
teen hundred forty-five, aboard merchant vessels in oceangoing, i.e.,
foreign, intercoastal, or coastwise service as such terms are defined
under federal law (46 USCA 10301 & 10501) and further to include "near
foreign" voyages between the United States and Canada, Mexico, or the
West Indies via ocean routes, or public vessels in oceangoing service or
foreign waters and who has received a Certificate of Release or
Discharge from Active Duty and a discharge certificate, or an Honorable
Service Certificate/Report of Casualty, from the Department of Defense
or who served as a United States civilian employed by the American Field
Service and served overseas under United States Armies and United States
Army Groups in world war II during the period of armed conflict, Decem-
ber seventh, nineteen hundred forty-one through May eighth, nineteen
hundred forty-five, and (IV) who was discharged or released therefrom
under honorable conditions, OR (V) HAS A QUALIFYING CONDITION, AS
DEFINED IN SECTION THREE HUNDRED FIFTY OF THE EXECUTIVE LAW, AND HAS
RECEIVED A DISCHARGE OTHER THAN BAD CONDUCT OR DISHONORABLE FROM SUCH
SERVICE, OR (VI) IS A DISCHARGED LGBT VETERAN, AS DEFINED IN SECTION
THREE HUNDRED FIFTY OF THE EXECUTIVE LAW, AND HAS RECEIVED A DISCHARGE
OTHER THAN BAD CONDUCT OR DISHONORABLE FROM SUCH SERVICE, or who served
as a United States civilian Flight Crew and Aviation Ground Support
Employee of Pan American World Airways or one of its subsidiaries or its
affiliates and served overseas as a result of Pan American's contract
with Air Transport Command or Naval Air Transport Service during the
period of armed conflict, December fourteenth, nineteen hundred forty-
one through August fourteenth, nineteen hundred forty-five, and who
(VII) was discharged or released therefrom under honorable conditions,
OR (VIII) HAS A QUALIFYING CONDITION, AS DEFINED IN SECTION THREE
HUNDRED FIFTY OF THE EXECUTIVE LAW, AND HAS RECEIVED A DISCHARGE OTHER
S. 45--B 7
THAN BAD CONDUCT OR DISHONORABLE FROM SUCH SERVICE, OR (IX) IS A
DISCHARGED LGBT VETERAN, AS DEFINED IN SECTION THREE HUNDRED FIFTY OF
THE EXECUTIVE LAW, AND HAS RECEIVED A DISCHARGE OTHER THAN BAD CONDUCT
OR DISHONORABLE FROM SUCH SERVICE, and who was a teacher in the public
schools of this state at the time of his entrance into the armed forces
of the United States, provided no compensation was received under the
provisions of section two hundred forty-two of the military law, and who
returned to public school teaching following discharge or completion of
advanced education provided under servicemen's readjustment act of nine-
teen hundred forty-four, or who following such discharge or release
entered into a service which would qualify him pursuant to section
forty-three of the retirement and social security law to transfer his
membership in the New York state teachers' retirement system, shall be
provided as follows, any provisions of section two hundred forty-three
of the military law to the contrary notwithstanding.
§ 11. Subdivision 7 of section 503 of the education law, as amended by
chapter 40 of the laws of 1967, is amended to read as follows:
7. A teacher, who was a member of the New York state teachers retire-
ment system but who withdrew his accumulated contributions immediately
prior to his entry into, or during his service in the armed forces of
the United States in war after World War I, who (I) has been honorably
discharged or released from service, OR (II) HAS A QUALIFYING CONDITION,
AS DEFINED IN SECTION THREE HUNDRED FIFTY OF THE EXECUTIVE LAW, AND HAS
RECEIVED A DISCHARGE OTHER THAN BAD CONDUCT OR DISHONORABLE FROM SUCH
SERVICE, OR (III) IS A DISCHARGED LGBT VETERAN, AS DEFINED IN SECTION
THREE HUNDRED FIFTY OF THE EXECUTIVE LAW, AND HAS RECEIVED A DISCHARGE
OTHER THAN BAD CONDUCT OR DISHONORABLE FROM SUCH SERVICE, provided no
compensation was received under the provisions of section two hundred
forty-two of the military law, and who returned to public school teach-
ing in the state of New York following such discharge or release, or
following completion of advanced education provided under servicemen's
readjustment act of nineteen hundred forty-four, any provisions of
section two hundred forty-three of the military law to the contrary
notwithstanding, will be entitled to credit for service in war after
World War I, cost free, provided, however, that such credit will not be
allowed until he claims and pays for all prior teaching service credited
to him at the time of his termination of membership in the New York
state teachers retirement system, and provided further that claim for
such service in war after World War I shall be filed by the member with
the retirement board before the first day of July, nineteen hundred
sixty-eight.
§ 12. Paragraph c of subdivision 9 of section 503 of the education
law, as added by chapter 801 of the laws of 1962 and as renumbered by
chapter 41 of the laws of 1966, is amended to read as follows:
c. (I) has been honorably discharged or released under honorable
circumstances from such service, OR (II) HAS A QUALIFYING CONDITION, AS
DEFINED IN SECTION THREE HUNDRED FIFTY OF THE EXECUTIVE LAW, AND HAS
RECEIVED A DISCHARGE OTHER THAN BAD CONDUCT OR DISHONORABLE FROM SUCH
SERVICE, OR (III) IS A DISCHARGED LGBT VETERAN, AS DEFINED IN SECTION
THREE HUNDRED FIFTY OF THE EXECUTIVE LAW, AND HAS RECEIVED A DISCHARGE
OTHER THAN BAD CONDUCT OR DISHONORABLE FROM SUCH SERVICE, and
§ 13. Paragraph a of subdivision 10 of section 503 of the education
law, as amended by chapter 616 of the laws of 1995, is amended to read
as follows:
a. In addition to credit for military service pursuant to section two
hundred forty-three of the military law and subdivisions six through
S. 45--B 8
nine of this section, a member employed as a full-time teacher by an
employer as defined in subdivision three of section five hundred one of
[the education law] THIS ARTICLE and who joined the retirement system
prior to July first, nineteen hundred seventy-three, may obtain credit
for military service not in excess of three years and not otherwise
creditable under section two hundred forty-three of the military law and
subdivisions six through nine of this section, rendered on active duty
in the armed forces of the United States during the period commencing
July first, nineteen hundred forty, and terminating December thirty-
first, nineteen hundred forty-six, or on service by one who was employed
by the War Shipping Administration or Office of Defense Transportation
or their agents as a merchant seaman documented by the United States
Coast Guard or Department of Commerce, or as a civil servant employed by
the United States Army Transport Service (later redesignated as the
United States Army Transportation Corps, Water Division) or the Naval
Transportation Service; and who served satisfactorily as a crew member
during the period of armed conflict, December seventh, nineteen hundred
forty-one, to August fifteenth, nineteen hundred forty-five, aboard
merchant vessels in oceangoing, i.e., foreign, intercoastal, or coast-
wise service as such terms are defined under federal law (46 USCA 10301
& 10501) and further to include "near foreign" voyages between the
United States and Canada, Mexico, or the West Indies via ocean routes,
or public vessels in oceangoing service or foreign waters and who has
received a Certificate of Release or Discharge from Active Duty and a
discharge certificate, or an Honorable Service Certificate/Report of
Casualty, from the Department of Defense or on service by one who served
as a United States civilian employed by the American Field Service and
served overseas under United States Armies and United States Army Groups
in world war II during the period of armed conflict, December seventh,
nineteen hundred forty-one through May eighth, nineteen hundred forty-
five, and who (I) was discharged or released therefrom under honorable
conditions, OR (II) HAS A QUALIFYING CONDITION, AS DEFINED IN SECTION
THREE HUNDRED FIFTY OF THE EXECUTIVE LAW, AND HAS RECEIVED A DISCHARGE
OTHER THAN BAD CONDUCT OR DISHONORABLE FROM SUCH SERVICE, OR (III) IS A
DISCHARGED LGBT VETERAN, AS DEFINED IN SECTION THREE HUNDRED FIFTY OF
THE EXECUTIVE LAW, AND HAS RECEIVED A DISCHARGE OTHER THAN BAD CONDUCT
OR DISHONORABLE FROM SUCH SERVICE, or on service by one who served as a
United States civilian Flight Crew and Aviation Ground Support Employee
of Pan American World Airways or one of its subsidiaries or its affil-
iates and served overseas as a result of Pan American's contract with
Air Transport Command or Naval Air Transport Service during the period
of armed conflict, December fourteenth, nineteen hundred forty-one
through August fourteenth, nineteen hundred forty-five, and who (IV) was
discharged or released therefrom under honorable conditions, OR (V) HAS
A QUALIFYING CONDITION, AS DEFINED IN SECTION THREE HUNDRED FIFTY OF THE
EXECUTIVE LAW, AND HAS RECEIVED A DISCHARGE OTHER THAN BAD CONDUCT OR
DISHONORABLE FROM SUCH SERVICE, OR (VI) IS A DISCHARGED LGBT VETERAN, AS
DEFINED IN SECTION THREE HUNDRED FIFTY OF THE EXECUTIVE LAW, AND HAS
RECEIVED A DISCHARGE OTHER THAN BAD CONDUCT OR DISHONORABLE FROM SUCH
SERVICE, by a person who was a resident of New York state at the time of
entry into such service and at the time of being discharged therefrom
under honorable circumstances, and who makes the payments required in
accordance with the provisions of this subdivision.
However, no military service shall be creditable under this subdivi-
sion in the case of a member who is receiving a military pension (other
S. 45--B 9
than for disability) for military service in the armed forces of the
United States.
§ 14. Paragraph a of subdivision 10-a of section 503 of the education
law, as amended by chapter 616 of the laws of 1995, is amended to read
as follows:
a. In addition to credit for military service pursuant to section two
hundred forty-three of the military law and subdivisions six through
nine of this section, a member who joined the retirement system prior to
July first, nineteen hundred seventy-three, and who was not eligible for
credit for military service under subdivision ten of this section as a
result of being on a leave of absence without pay between July twenti-
eth, nineteen hundred seventy-six and October fifteenth, nineteen
hundred seventy-seven or on leave of absence with less than full pay
between July twentieth, nineteen hundred seventy-six and October
fifteenth, nineteen hundred seventy-seven, may obtain credit for mili-
tary service not in excess of three years and not otherwise creditable
under section two hundred forty-three of the military law and subdivi-
sions six through nine of this section, rendered on active duty in the
armed forces of the United States during the period commencing July
first, nineteen hundred forty, and terminating December thirty-first,
nineteen hundred forty-six, or on service by one who was employed by the
War Shipping Administration or Office of Defense Transportation or their
agents as a merchant seaman documented by the United States Coast Guard
or Department of Commerce, or as a civil servant employed by the United
States Army Transport Service (later redesignated as the United States
Army Transportation Corps, Water Division) or the Naval Transportation
Service; and who served satisfactorily as a crew member during the peri-
od of armed conflict, December seventh, nineteen hundred forty-one, to
August fifteenth, nineteen hundred forty-five, aboard merchant vessels
in oceangoing, i.e., foreign, intercoastal, or coastwise service as such
terms are defined under federal law (46 USCA 10301 & 10501) and further
to include "near foreign" voyages between the United States and Canada,
Mexico, or the West Indies via ocean routes, or public vessels in ocean-
going service or foreign waters and who has received a Certificate of
Release or Discharge from Active Duty and a discharge certificate, or an
Honorable Service Certificate/Report of Casualty, from the Department of
Defense, or on service by one who served as a United States civilian
employed by the American Field Service and served overseas under United
States Armies and United States Army Groups in world war II during the
period of armed conflict, December seventh, nineteen hundred forty-one
through May eighth, nineteen hundred forty-five, and who (I) was
discharged or released therefrom under honorable conditions, OR (II) HAS
A QUALIFYING CONDITION, AS DEFINED IN SECTION THREE HUNDRED FIFTY OF THE
EXECUTIVE LAW, AND HAS RECEIVED A DISCHARGE OTHER THAN BAD CONDUCT OR
DISHONORABLE FROM SUCH SERVICE, OR (III) IS A DISCHARGED LGBT VETERAN,
AS DEFINED IN SECTION THREE HUNDRED FIFTY OF THE EXECUTIVE LAW, AND HAS
RECEIVED A DISCHARGE OTHER THAN BAD CONDUCT OR DISHONORABLE FROM SUCH
SERVICE, or on service by one who served as a United States civilian
Flight Crew and Aviation Ground Support Employee of Pan American World
Airways or one of its subsidiaries or its affiliates and served overseas
as a result of Pan American's contract with Air Transport Command or
Naval Air Transport Service during the period of armed conflict, Decem-
ber fourteenth, nineteen hundred forty-one through August fourteenth,
nineteen hundred forty-five, and who (IV) was discharged or released
therefrom under honorable conditions, OR (V) HAS A QUALIFYING CONDITION,
AS DEFINED IN SECTION THREE HUNDRED FIFTY OF THE EXECUTIVE LAW, AND HAS
S. 45--B 10
RECEIVED A DISCHARGE OTHER THAN BAD CONDUCT OR DISHONORABLE FROM SUCH
SERVICE, OR (VI) IS A DISCHARGED LGBT VETERAN, AS DEFINED IN SECTION
THREE HUNDRED FIFTY OF THE EXECUTIVE LAW, AND HAS RECEIVED A DISCHARGE
OTHER THAN BAD CONDUCT OR DISHONORABLE FROM SUCH SERVICE, by a person
who was a resident of New York state at the time of entry into such
service and at the time of being discharged therefrom under honorable
circumstances, and who makes the payments required in accordance with
the provisions of this subdivision.
However, no military service shall be creditable under this subdivi-
sion in the case of a member who is receiving a military pension (other
than for disability) for military service in the armed forces of the
United States.
§ 15. Paragraph (b) of subdivision 1 of section 668 of the education
law, as amended by chapter 616 of the laws of 1995, is amended to read
as follows:
(b) December seven, nineteen hundred forty-one to December thirty-one,
nineteen hundred forty-six, or have been employed by the War Shipping
Administration or Office of Defense Transportation or their agents as a
merchant seaman documented by the United States Coast Guard or Depart-
ment of Commerce, or as a civil servant employed by the United States
Army Transport Service (later redesignated as the United States Army
Transportation Corps, Water Division) or the Naval Transportation
Service; and who served satisfactorily as a crew member during the peri-
od of armed conflict, December seventh, nineteen hundred forty-one, to
August fifteenth, nineteen hundred forty-five, aboard merchant vessels
in oceangoing, i.e., foreign, intercoastal, or coastwise service as such
terms are defined under federal law (46 USCA 10301 & 10501) and further
to include "near foreign" voyages between the United States and Canada,
Mexico, or the West Indies via ocean routes, or public vessels in ocean-
going service or foreign waters and who has received a Certificate of
Release or Discharge from Active Duty and a discharge certificate, or an
Honorable Service Certificate/Report of Casualty, from the Department of
Defense or have served as a United States civilian employed by the Amer-
ican Field Service and served overseas under United States Armies and
United States Army Groups in world war II during the period of armed
conflict, December seventh, nineteen hundred forty-one through May
eighth, nineteen hundred forty-five, and who (I) was discharged or
released therefrom under honorable conditions, OR (II) HAS A QUALIFYING
CONDITION, AS DEFINED IN SECTION THREE HUNDRED FIFTY OF THE EXECUTIVE
LAW, AND HAS RECEIVED A DISCHARGE OTHER THAN BAD CONDUCT OR DISHONORABLE
FROM SUCH SERVICE, OR (III) IS A DISCHARGED LGBT VETERAN, AS DEFINED IN
SECTION THREE HUNDRED FIFTY OF THE EXECUTIVE LAW, AND HAS RECEIVED A
DISCHARGE OTHER THAN BAD CONDUCT OR DISHONORABLE FROM SUCH SERVICE, or
have served as a United States civilian Flight Crew and Aviation Ground
Support Employee of Pan American World Airways or one of its subsid-
iaries or its affiliates and served overseas as a result of Pan Ameri-
can's contract with Air Transport Command or Naval Air Transport Service
during the period of armed conflict, December fourteenth, nineteen
hundred forty-one through August fourteenth, nineteen hundred forty-
five, and who (IV) was discharged or released therefrom under honorable
conditions, OR (V) HAS A QUALIFYING CONDITION, AS DEFINED IN SECTION
THREE HUNDRED FIFTY OF THE EXECUTIVE LAW, AND HAS RECEIVED A DISCHARGE
OTHER THAN BAD CONDUCT OR DISHONORABLE FROM SUCH SERVICE, OR (VI) IS A
DISCHARGED LGBT VETERAN, AS DEFINED IN SECTION THREE HUNDRED FIFTY OF
THE EXECUTIVE LAW, AND HAS RECEIVED A DISCHARGE OTHER THAN BAD CONDUCT
OR DISHONORABLE FROM SUCH SERVICE.
S. 45--B 11
§ 16. Paragraph (b) of subdivision 2 of section 668 of the education
law, as amended by chapter 390 of the laws of 1995, is amended to read
as follows:
(b) (I) is an honorably discharged veteran of the United States or
member of the armed forces of the United States, OR (II) HAS A QUALIFY-
ING CONDITION, AS DEFINED IN SECTION THREE HUNDRED FIFTY OF THE EXECU-
TIVE LAW, AND HAS RECEIVED A DISCHARGE OTHER THAN BAD CONDUCT OR
DISHONORABLE FROM SUCH SERVICE, OR (III) IS A DISCHARGED LGBT VETERAN,
AS DEFINED IN SECTION THREE HUNDRED FIFTY OF THE EXECUTIVE LAW, AND HAS
RECEIVED A DISCHARGE OTHER THAN BAD CONDUCT OR DISHONORABLE FROM SUCH
SERVICE, who is a resident of the state of New York, and who has a
current disability of forty percent or more as a result of an injury or
illness which is incurred or was incurred during such military service;
or
§ 17. Subdivision 1 of section 668-c of the education law, as added by
chapter 474 of the laws of 2000, is amended to read as follows:
1. Eligible students. Awards shall be made to Vietnam veterans' resi-
dent children born with Spina Bifida enrolled in approved undergraduate
or graduate programs at degree granting institutions. For the purpose of
this section, "Vietnam veteran" shall mean a person who served in Indo-
china at any time from the twenty-second day of December, nineteen
hundred sixty-one, to and including the seventh day of May, nineteen
hundred seventy-five and (A) was honorably discharged from the armed
forces of the United States, OR (B) HAS A QUALIFYING CONDITION, AS
DEFINED IN SECTION THREE HUNDRED FIFTY OF THE EXECUTIVE LAW, AND HAS
RECEIVED A DISCHARGE OTHER THAN BAD CONDUCT OR DISHONORABLE FROM THE
ARMED FORCES OF THE UNITED STATES, OR (C) IS A DISCHARGED LGBT VETERAN,
AS DEFINED IN SECTION THREE HUNDRED FIFTY OF THE EXECUTIVE LAW, AND HAS
RECEIVED A DISCHARGE OTHER THAN BAD CONDUCT OR DISHONORABLE FROM THE
ARMED FORCES OF THE UNITED STATES; "born with Spina Bifida" shall mean a
diagnosis at birth of such disease inclusive of all forms, manifesta-
tions, complications and associated medical conditions thereof, but
shall not include Spina Bifida Occulta. Such diagnosis shall be in
accordance with the provisions of the federal Spina Bifida program and
shall be documented by the United States Administration of Veterans'
Affairs.
§ 18. Subdivision 1 of section 669-a of the education law, as amended
by section 2 of part N of chapter 57 of the laws of 2008, is amended to
read as follows:
1. As used in this section, the following terms shall have the follow-
ing meanings:
a. "Vietnam veteran" means (i) a person who is a resident of this
state, (ii) who served in the armed forces of the United States in Indo-
china at any time from the twenty-eighth day of February, nineteen
hundred sixty-one, to and including the seventh day of May, nineteen
hundred seventy-five, and (iii) who was EITHER discharged therefrom
under honorable conditions, including but not limited to honorable
discharge, discharge under honorable conditions, or general discharge,
OR HAS A QUALIFYING CONDITION, AS DEFINED IN SECTION THREE HUNDRED FIFTY
OF THE EXECUTIVE LAW, AND HAS RECEIVED A DISCHARGE OTHER THAN BAD
CONDUCT OR DISHONORABLE FROM SUCH SERVICE, OR IS A DISCHARGED LGBT
VETERAN, AS DEFINED IN SECTION THREE HUNDRED FIFTY OF THE EXECUTIVE LAW,
AND HAS RECEIVED A DISCHARGE OTHER THAN BAD CONDUCT OR DISHONORABLE FROM
SUCH SERVICE.
b. "Persian Gulf veteran" means (i) a person who is a resident of this
state, (ii) who served in the armed forces of the United States in the
S. 45--B 12
hostilities that occurred in the Persian Gulf from the second day of
August, nineteen hundred ninety through the end of such hostilities, and
(iii) who was EITHER discharged therefrom under honorable conditions,
including but not limited to honorable discharge, discharge under honor-
able conditions, or general discharge, OR HAS A QUALIFYING CONDITION, AS
DEFINED IN SECTION THREE HUNDRED FIFTY OF THE EXECUTIVE LAW, AND HAS
RECEIVED A DISCHARGE OTHER THAN BAD CONDUCT OR DISHONORABLE FROM SUCH
SERVICE, OR IS A DISCHARGED LGBT VETERAN, AS DEFINED IN SECTION THREE
HUNDRED FIFTY OF THE EXECUTIVE LAW, AND HAS RECEIVED A DISCHARGE OTHER
THAN BAD CONDUCT OR DISHONORABLE FROM SUCH SERVICE.
c. "Afghanistan veteran" means (i) a person who is a resident of this
state, (ii) who served in the armed forces of the United States in the
hostilities that occurred in Afghanistan from the eleventh day of
September, two thousand one, to the end of such hostilities, and (iii)
who was EITHER discharged therefrom under honorable conditions, includ-
ing but not limited to honorable discharge, discharge under honorable
conditions, or general discharge, OR HAS A QUALIFYING CONDITION, AS
DEFINED IN SECTION THREE HUNDRED FIFTY OF THE EXECUTIVE LAW, AND HAS
RECEIVED A DISCHARGE OTHER THAN BAD CONDUCT OR DISHONORABLE FROM SUCH
SERVICE, OR IS A DISCHARGED LGBT VETERAN, AS DEFINED IN SECTION THREE
HUNDRED FIFTY OF THE EXECUTIVE LAW, AND HAS RECEIVED A DISCHARGE OTHER
THAN BAD CONDUCT OR DISHONORABLE FROM SUCH SERVICE.
d. "Other eligible combat veteran" means: an individual who (i) is a
resident of this state, (ii) served in the armed forces of the United
States in hostilities that occurred after February twenty-eighth, nine-
teen hundred sixty-one, as evidenced by their receipt of an Armed Forces
Expeditionary Medal, Navy Expeditionary Medal, or Marine Corps Expedi-
tionary Medal, and (iii) was EITHER discharged under honorable condi-
tions, including but not limited to honorable discharge, discharge under
honorable conditions, or general discharge, OR HAS A QUALIFYING CONDI-
TION, AS DEFINED IN SECTION THREE HUNDRED FIFTY OF THE EXECUTIVE LAW,
AND HAS RECEIVED A DISCHARGE OTHER THAN BAD CONDUCT OR DISHONORABLE FROM
SUCH SERVICE, OR IS A DISCHARGED LGBT VETERAN, AS DEFINED IN SECTION
THREE HUNDRED FIFTY OF THE EXECUTIVE LAW, AND HAS RECEIVED A DISCHARGE
OTHER THAN BAD CONDUCT OR DISHONORABLE FROM SUCH SERVICE.
e. "Part time study" means enrollment for at least three but less than
twelve semester hours per semester, or the equivalent, in an approved
undergraduate or graduate program.
f. "Approved vocational training programs" means programs offered by
agencies approved by the commissioner for funding pursuant to this
section. The commissioner shall approve only such non-credit programs
which are at least three hundred twenty clock hours in length, and which
meet standards of instructional quality established in regulations by
the commissioner. These standards shall include, but not be limited to,
qualifications of administrative and instructional personnel, quality of
facilities and equipment, recordkeeping, admission, grading, attendance,
and record of placement of completers which meets standards of accepta-
bility as established by the commissioner.
§ 19. Subdivision 15 of section 1-104 of the election law is amended
to read as follows:
15. The term "veterans' hospital" means any sanitarium, hospital,
soldiers' and sailors' home, United States Veterans' Administration
Hospital, or other home or institution, which is used, operated and
conducted exclusively for the care, maintenance and treatment of persons
serving in [or honorably discharged from] the military or naval service
or coast guard of the United States or the state of New York, OR PERSONS
S. 45--B 13
WHO (A) WERE HONORABLY DISCHARGED FROM SUCH SERVICE, OR (B) HAVE A QUAL-
IFYING CONDITION, AS DEFINED IN SECTION THREE HUNDRED FIFTY OF THE EXEC-
UTIVE LAW, AND HAVE RECEIVED A DISCHARGE OTHER THAN BAD CONDUCT OR
DISHONORABLE FROM SUCH SERVICE, OR (C) ARE A DISCHARGED LGBT VETERAN, AS
DEFINED IN SECTION THREE HUNDRED FIFTY OF THE EXECUTIVE LAW, AND HAVE
RECEIVED A DISCHARGE OTHER THAN BAD CONDUCT OR DISHONORABLE FROM SUCH
SERVICE.
§ 20. Subdivision 4 of section 5-210 of the election law, as amended
by chapter 179 of the laws of 2005, is amended to read as follows:
4. Any qualified person who has been honorably discharged from the
military after the twenty-fifth day before a general election, OR WHO
HAS A QUALIFYING CONDITION, AS DEFINED IN SECTION THREE HUNDRED FIFTY OF
THE EXECUTIVE LAW, AND HAS RECEIVED A DISCHARGE OTHER THAN BAD CONDUCT
OR DISHONORABLE FROM THE MILITARY AFTER THE TWENTY-FIFTH DAY BEFORE A
GENERAL ELECTION, OR WHO IS A DISCHARGED LGBT VETERAN, AS DEFINED IN
SECTION THREE HUNDRED FIFTY OF THE EXECUTIVE LAW, AND HAS RECEIVED A
DISCHARGE OTHER THAN BAD CONDUCT OR DISHONORABLE FROM THE MILITARY AFTER
THE TWENTY-FIFTH DAY BEFORE A GENERAL ELECTION, or who has become a
naturalized citizen after the twenty-fifth day before a general election
may personally register at the board of elections in the county of his
or her residence and vote in the general election held at least ten days
after such registration.
§ 21. Subdivision 13 of section 353 of the executive law, as added by
chapter 652 of the laws of 2007, is amended to read as follows:
13. To make application to the government of the United States or any
political subdivision, agency or instrumentality thereof, for funds for
the purpose of providing an optional fund for the burial of [honorably
discharged] veterans WHO (I) WERE HONORABLY DISCHARGED OR (II) HAD A
QUALIFYING CONDITION, AS DEFINED IN SECTION THREE HUNDRED FIFTY OF THIS
ARTICLE, AND RECEIVED A DISCHARGE OTHER THAN BAD CONDUCT OR DISHONOR-
ABLE, OR (III) WERE A DISCHARGED LGBT VETERAN, AS DEFINED IN SECTION
THREE HUNDRED FIFTY OF THIS ARTICLE, AND RECEIVED A DISCHARGE OTHER THAN
BAD CONDUCT OR DISHONORABLE, in any not-for-profit cemetery corporation
in this state; provided, however, that all costs associated with the
establishment of such optional fund shall be borne by the political
subdivision, agency or instrumentality with which the division has
contracted.
§ 22. The opening paragraph of subdivision 2 of section 354-c of the
executive law, as added by chapter 652 of the laws of 2007, is amended
to read as follows:
As provided in subdivision thirteen of section three hundred fifty-
three of this article, there is hereby established within the division a
New York state veterans burial fund for honorably discharged members of
the armed forces of the United States who were residents of New York
state at the time of his or her death WHO (I) WERE HONORABLY DISCHARGED
FROM SUCH SERVICE, OR (II) HAD A QUALIFYING CONDITION, AS DEFINED IN
SECTION THREE HUNDRED FIFTY OF THIS ARTICLE, AND RECEIVED A DISCHARGE
OTHER THAN BAD CONDUCT OR DISHONORABLE FROM SUCH SERVICE, OR (III) WERE
DISCHARGED LGBT VETERANS, AS DEFINED IN SECTION THREE HUNDRED FIFTY OF
THIS ARTICLE, AND RECEIVED A DISCHARGE OTHER THAN BAD CONDUCT OR
DISHONORABLE FROM SUCH SERVICE.
§ 23. Paragraph a of subdivision 1 of section 364 of the executive
law, as amended by chapter 333 of the laws of 1993, subparagraph 5 as
amended by chapter 616 of the laws of 1995, and subparagraph 7 as
amended by chapter 179 of the laws of 2006, is amended to read as
follows:
S. 45--B 14
a. 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 (I) 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, OR (II) HAS A QUALIFYING CONDITION, AS DEFINED IN SECTION THREE
HUNDRED FIFTY OF THIS ARTICLE, AND HAS RECEIVED A DISCHARGE OTHER THAN
BAD CONDUCT OR DISHONORABLE FROM SUCH SERVICE, OR (III) IS A DISCHARGED
LGBT VETERAN, AS DEFINED IN SECTION THREE HUNDRED FIFTY OF THIS ARTICLE,
AND HAS RECEIVED A DISCHARGE OTHER THAN BAD CONDUCT OR DISHONORABLE FROM
SUCH SERVICE, and who [(i)] (IV) 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 Grenada 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 Janu-
ary thirty-first, nineteen hundred ninety, or [(ii)] (V) served on
active duty for ninety days or more in the armed forces of the United
States during any one of the following wars or hostilities:
(1) in the Spanish-American war from the twenty-first day of April,
eighteen hundred ninety-eight to the eleventh day of April, eighteen
hundred ninety-nine, inclusive;
(2) in the Philippine insurrection or the China relief expedition from
the eleventh day of April, eighteen hundred ninety-nine to the fourth
day of July, nineteen hundred two, inclusive;
(3) in the Mexican border campaign from the ninth day of May, nineteen
hundred sixteen, to the fifth day of April, nineteen hundred seventeen,
inclusive;
(4) in world war I from the sixth day of April, nineteen hundred
seventeen to the eleventh day of November, nineteen hundred eighteen,
inclusive;
(5) in world war II from the seventh day of December, nineteen hundred
forty-one to the thirty-first day of December, nineteen hundred forty-
six, inclusive, or who was employed by the War Shipping Administration
or Office of Defense Transportation or their agents as a merchant seaman
documented by the United States Coast Guard or Department of Commerce,
or as a civil servant employed by the United States Army Transport
Service (later redesignated as the United States Army Transportation
Corps, Water Division) or the Naval Transportation Service; and who
served satisfactorily as a crew member during the period of armed
conflict, December seventh, nineteen hundred forty-one, to August
fifteenth, nineteen hundred forty-five, aboard merchant vessels in
oceangoing, i.e., foreign, intercoastal, or coastwise service as such
terms are defined under federal law (46 USCA 10301 & 10501) and further
to include "near foreign" voyages between the United States and Canada,
Mexico, or the West Indies via ocean routes, or public vessels in ocean-
going service or foreign waters and who has received a Certificate of
Release or Discharge from Active Duty and a discharge certificate, or an
Honorable Service Certificate/Report of Casualty, from the Department of
Defense, or who served as a United States civilian employed by the Amer-
ican Field Service and served overseas under United States Armies and
United States Army Groups in world war II during the period of armed
conflict, December seventh, nineteen hundred forty-one through May
eighth, nineteen hundred forty-five, and who (I) was discharged or
S. 45--B 15
released therefrom under honorable conditions, OR (II) HAS A QUALIFYING
CONDITION, AS DEFINED IN SECTION THREE HUNDRED FIFTY OF THIS ARTICLE,
AND HAS RECEIVED A DISCHARGE OTHER THAN BAD CONDUCT OR DISHONORABLE FROM
SUCH SERVICE, OR (III) IS A DISCHARGED LGBT VETERAN, AS DEFINED IN
SECTION THREE HUNDRED FIFTY OF THIS ARTICLE, AND HAS RECEIVED A
DISCHARGE OTHER THAN BAD CONDUCT OR DISHONORABLE FROM SUCH SERVICE, or
who served as a United States civilian Flight Crew and Aviation Ground
Support Employee of Pan American World Airways or one of its subsid-
iaries or its affiliates and served overseas as a result of Pan Ameri-
can's contract with Air Transport Command or Naval Air Transport Service
during the period of armed conflict, December fourteenth, nineteen
hundred forty-one through August fourteenth, nineteen hundred forty-
five, and who (IV) was discharged or released therefrom under honorable
conditions, OR (V) HAS A QUALIFYING CONDITION, AS DEFINED IN SECTION
THREE HUNDRED FIFTY OF THIS ARTICLE, AND HAS RECEIVED A DISCHARGE OTHER
THAN BAD CONDUCT OR DISHONORABLE FROM SUCH SERVICE, OR (VI) IS A
DISCHARGED LGBT VETERAN, AS DEFINED IN SECTION THREE HUNDRED FIFTY OF
THIS ARTICLE, AND HAS RECEIVED A DISCHARGE OTHER THAN BAD CONDUCT OR
DISHONORABLE FROM SUCH SERVICE;
(6) in the Korean hostilities from the twenty-seventh day of June,
nineteen hundred fifty to the thirty-first day of January, nineteen
hundred fifty-five, inclusive;
(7) in the Vietnam conflict from the twenty-eighth day of February,
nineteen hundred sixty-one to the seventh day of May, nineteen hundred
seventy-five;
(8) in the Persian Gulf conflict from the second day of August, nine-
teen hundred ninety to the end of such conflict.
§ 24. Section 369-a of the executive law, as added by chapter 557 of
the laws of 2013, is amended to read as follows:
§ 369-a. Legislative findings. The legislature hereby finds that it is
estimated that over the next five years, forty-four thousand veterans
are expected to return to this state from their military posts, making
the Empire State home to one of the largest veteran populations in the
country. Shockingly, the unemployment rate for Post-9/11 veterans in New
York was 10.7% in two thousand twelve, which is nearly one percent high-
er than the national average and higher than the state's overall 8.2%
unemployment rate. The legislature has found previously that it is in
the interest of the state to ensure that returning veterans have employ-
ment opportunities available upon their separation from military
service.
The state already encourages private businesses to hire military
veterans through tax credits and other economic incentives. In addition,
the legislature has previously found that state agencies spend millions
of dollars annually on temporary staff hired from temporary employment
service companies to cover temporary staffing needs. These temporary
state jobs could serve as a bridge for recently discharged military
veterans who have yet to find full-time permanent work. In addition,
these temporary assignments could serve to develop the next generation
of the state workforce and help with succession planning for the current
workforce.
The legislature declares it to be the policy of this state to use
[honorably discharged] veterans for temporary appointments in state
agencies rather than utilizing temporary employment service companies in
order to provide employment opportunities for returning military veter-
ans.
S. 45--B 16
§ 25. Subdivision 7 of section 369-h of the executive law, as added by
chapter 22 of the laws of 2014, is amended to read as follows:
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
army national guard, air national guard, New York guard and/or the New
York naval militia, AND WHO (I) HAS RECEIVED AN HONORABLE OR GENERAL
DISCHARGE FROM SUCH SERVICE, OR (II) HAS A QUALIFYING CONDITION, AS
DEFINED IN SECTION THREE HUNDRED FIFTY OF THIS CHAPTER, AND HAS RECEIVED
A DISCHARGE OTHER THAN BAD CONDUCT OR DISHONORABLE FROM SUCH SERVICE, OR
(III) IS A DISCHARGED LGBT VETERAN, AS DEFINED IN SECTION THREE HUNDRED
FIFTY OF THIS CHAPTER, AND HAS RECEIVED A DISCHARGE OTHER THAN BAD
CONDUCT OR DISHONORABLE FROM SUCH SERVICE.
§ 26. Section 13-a of the general construction law, as amended by
chapter 616 of the laws of 1995, is amended to read as follows:
§ 13-a. Armed forces of the United States. "Armed forces of the United
States" means the army, navy, marine corps, air force and coast guard,
including all components thereof, and the national guard when in the
service of the United States pursuant to call as provided by law. Pursu-
ant to this definition no person shall be considered a member or veteran
of the armed forces of the United States unless his or her service ther-
ein is or was on a full-time active duty basis, other than active duty
for training or he or she was employed by the War Shipping Adminis-
tration or Office of Defense Transportation or their agents as a
merchant seaman documented by the United States Coast Guard or Depart-
ment of Commerce, or as a civil servant employed by the United States
Army Transport Service (later redesignated as the United States Army
Transportation Corps, Water Division) or the Naval Transportation
Service; and who served satisfactorily as a crew member during the peri-
od of armed conflict, December seventh, nineteen hundred forty-one, to
August fifteenth, nineteen hundred forty-five, aboard merchant vessels
in oceangoing, i.e., foreign, intercoastal, or coastwise service as such
terms are defined under federal law (46 USCA 10301 & 10501) and further
to include "near foreign" voyages between the United States and Canada,
Mexico, or the West Indies via ocean routes, or public vessels in ocean-
going service or foreign waters and who has received a Certificate of
Release or Discharge from Active Duty and a discharge certificate, or an
Honorable Service Certificate/Report of Casualty, from the Department of
Defense or he or she served as a United States civilian employed by the
American Field Service and served overseas under United States Armies
and United States Army Groups in world war II during the period of armed
conflict, December seventh, nineteen hundred forty-one through May
eighth, nineteen hundred forty-five, and (I) was discharged or released
therefrom under honorable conditions, OR (II) HAS A QUALIFYING CONDI-
TION, AS DEFINED IN SECTION THREE HUNDRED FIFTY OF THE EXECUTIVE LAW,
AND HAS RECEIVED A DISCHARGE OTHER THAN BAD CONDUCT OR DISHONORABLE FROM
SUCH SERVICE, OR (III) IS A DISCHARGED LGBT VETERAN, AS DEFINED IN
SECTION THREE HUNDRED FIFTY OF THE EXECUTIVE LAW, AND HAS RECEIVED A
DISCHARGE OTHER THAN BAD CONDUCT OR DISHONORABLE FROM SUCH SERVICE, or
he or she served as a United States civilian Flight Crew and Aviation
Ground Support Employee of Pan American World Airways or one of its
subsidiaries or its affiliates and served overseas as a result of Pan
American's contract with Air Transport Command or Naval Air Transport
Service during the period of armed conflict, December fourteenth, nine-
teen hundred forty-one through August fourteenth, nineteen hundred
forty-five, and (IV) was discharged or released therefrom under honor-
S. 45--B 17
able conditions, OR (V) HAS A QUALIFYING CONDITION, AS DEFINED IN
SECTION THREE HUNDRED FIFTY OF THE EXECUTIVE LAW, AND HAS RECEIVED A
DISCHARGE OTHER THAN BAD CONDUCT OR DISHONORABLE FROM SUCH SERVICE, OR
(VI) IS A DISCHARGED LGBT VETERAN, AS DEFINED IN SECTION THREE HUNDRED
FIFTY OF THE EXECUTIVE LAW, AND HAS RECEIVED A DISCHARGE OTHER THAN BAD
CONDUCT OR DISHONORABLE FROM SUCH SERVICE.
§ 27. Paragraph (a) of subdivision 1 of section 148 of the general
municipal law, as amended by chapter 613 of the laws of 1986, is amended
to read as follows:
(a) The board of supervisors in each of the counties, or the board of
estimate in the city of New York, shall designate some proper person,
association or commission, other than that designated for the care of
burial of public charges or criminals, who shall cause to be interred
the body of any [honorably discharged] member of the armed forces of the
United States WHO (I) WAS HONORABLY DISCHARGED FROM SUCH SERVICE OR (II)
HAD A QUALIFYING CONDITION, AS DEFINED IN SECTION THREE HUNDRED FIFTY OF
THE EXECUTIVE LAW, AND RECEIVED A DISCHARGE OTHER THAN BAD CONDUCT OR
DISHONORABLE FROM SUCH SERVICE, OR (III) WAS A DISCHARGED LGBT VETERAN,
AS DEFINED IN SECTION THREE HUNDRED FIFTY OF THE EXECUTIVE LAW, AND
RECEIVED A DISCHARGE OTHER THAN BAD CONDUCT OR DISHONORABLE FROM SUCH
SERVICE, or the body of any minor child or either parent, or the spouse
or unremarried surviving spouse of any such member of the armed forces
of the United States, if such person shall hereafter die in a county or
in the city of New York without leaving sufficient means to defray his
or her funeral expenses.
§ 28. Paragraph (b) of subdivision 2 of section 148 of the general
municipal law, as amended by chapter 63 of the laws of 1976, is amended
to read as follows:
(b) The headstone at the grave of the spouse or surviving spouse of
such [honorably discharged] member of the armed forces of the United
States shall contain the name of the deceased, the war in which his or
her spouse served and, if possible, the organization to which he or she
belonged or in which he or she served.
§ 29. Subdivision 1-b of section 247 of the military law, as amended
by section 26 of part AA of chapter 56 of the laws of 2019, is amended
to read as follows:
1-b. The adjutant general is hereby authorized to present in the name
of the legislature of the state of New York, a certificate, to be known
as the "Cold War Certificate", bearing a suitable inscription, to any
person: (i) who is a citizen of the state of New York or (ii) who was a
citizen of the state of New York while serving in the armed forces of
the United States; (iii) who served in the United States Armed Forces
during the period of time from September second, nineteen hundred
forty-five through December twenty-sixth, nineteen hundred ninety-one,
commonly known as the Cold War Era; and (iv) who was honorably
discharged or released under honorable circumstances during the Cold War
Era, OR HAS A QUALIFYING CONDITION, AS DEFINED IN SECTION THREE HUNDRED
FIFTY OF THE EXECUTIVE LAW, AND RECEIVED A DISCHARGE OTHER THAN BAD
CONDUCT OR DISHONORABLE DURING THE COLD WAR ERA, OR IS A DISCHARGED LGBT
VETERAN, AS DEFINED IN SECTION THREE HUNDRED FIFTY OF THE EXECUTIVE LAW,
AND RECEIVED A DISCHARGE OTHER THAN BAD CONDUCT OR DISHONORABLE DURING
THE COLD WAR ERA. Not more than one Cold War Certificate shall be
awarded or presented, under the provisions of this subdivision, to any
person whose entire service subsequent to the time of the receipt of
such medal shall not have been honorable. In the event of the death of
any person during or subsequent to the receipt of such certificate it
S. 45--B 18
shall be presented to such representative of the deceased as may be
designated. The adjutant general, in consultation with the director of
the division of veterans' services, shall make such rules and regu-
lations as may be deemed necessary for the proper presentation and
distribution of the certificate.
§ 30. Paragraph 1 of subdivision (a) of section 42 of the correction
law, as amended by chapter 139 of the laws of 2014, is amended to read
as follows:
1. There shall be within the commission a citizen's policy and
complaint review council. It shall consist of nine persons to be
appointed by the governor, by and with the advice and consent of the
senate. One person so appointed shall have served in the armed forces of
the United States in any foreign war, conflict or military occupation,
who (I) was discharged therefrom under other than dishonorable condi-
tions, OR (II) HAS A QUALIFYING CONDITION, AS DEFINED IN SECTION THREE
HUNDRED FIFTY OF THE EXECUTIVE LAW, AND HAS RECEIVED A DISCHARGE OTHER
THAN BAD CONDUCT OR DISHONORABLE FROM SUCH SERVICE, OR (III) IS A
DISCHARGED LGBT VETERAN, AS DEFINED IN SECTION THREE HUNDRED FIFTY OF
THE EXECUTIVE LAW, AND HAS RECEIVED A DISCHARGE OTHER THAN BAD CONDUCT
OR DISHONORABLE FROM SUCH SERVICE, or shall be a duly licensed mental
health professional who has professional experience or training with
regard to post-traumatic stress syndrome. One person so appointed shall
be an attorney admitted to practice in this state. One person so
appointed shall be a former inmate of a correctional facility. One
person so appointed shall be a former correction officer. One person so
appointed shall be a former resident of a division for youth secure
center or a health care professional duly licensed to practice in this
state. One person so appointed shall be a former employee of the office
of children and family services who has directly supervised youth in a
secure residential center operated by such office. In addition, the
governor shall designate one of the full-time members other than the
chairman of the commission as chairman of the council to serve as such
at the pleasure of the governor.
§ 31. Subdivision 5 of section 605 of the education law, as separately
amended by chapters 645 and 844 of the laws of 1975, is amended to read
as follows:
5. Regents scholarships for war veterans. Regents scholarships for war
veterans shall be awarded on a competitive basis, for study beginning
with the college year nineteen hundred seventy-five--nineteen hundred
seventy-six. Six hundred such scholarships shall be awarded in such year
to veterans of the armed forces of the United States who have served on
active duty (other than for training) between October one, nineteen
hundred sixty-one and March twenty-nine, nineteen hundred seventy-three,
and who on the date by which applications are required to be submitted
(A) have been released from such active duty on conditions not other
than honorable, OR (B) HAVE A QUALIFYING CONDITION, AS DEFINED IN
SECTION THREE HUNDRED FIFTY OF THE EXECUTIVE LAW, AND HAVE RECEIVED A
DISCHARGE OTHER THAN BAD CONDUCT OR DISHONORABLE FROM SUCH SERVICE, OR
(C) ARE DISCHARGED LGBT VETERANS, AS DEFINED IN SECTION THREE HUNDRED
FIFTY OF THE EXECUTIVE LAW, AND HAVE RECEIVED A DISCHARGE OTHER THAN BAD
CONDUCT OR DISHONORABLE FROM SUCH SERVICE. Such scholarships shall be
allocated to each county in the state in the same ratio that the number
of legal residents in such county, as determined by the most recent
federal census, bears to the total number of residents in the state;
provided, however, that no county shall be allocated fewer scholarships
S. 45--B 19
than such county received during the year nineteen hundred sixty-eight-
-sixty-nine.
§ 32. Subparagraph 3 of paragraph b of subdivision 3 of section 663 of
the education law, as added by chapter 101 of the laws of 1992, is
amended to read as follows:
(3) The applicant was enlisted in full time active military service in
the armed forces of the United States and (I) has been honorably
discharged from such service, OR (II) HAS A QUALIFYING CONDITION, AS
DEFINED IN SECTION THREE HUNDRED FIFTY OF THE EXECUTIVE LAW, AND HAS
RECEIVED A DISCHARGE OTHER THAN BAD CONDUCT OR DISHONORABLE FROM SUCH
SERVICE, OR (III) IS A DISCHARGED LGBT VETERAN, AS DEFINED IN SECTION
THREE HUNDRED FIFTY OF THE EXECUTIVE LAW, AND HAS RECEIVED A DISCHARGE
OTHER THAN BAD CONDUCT OR DISHONORABLE FROM SUCH SERVICE, AND, provided,
however, that the applicant has not and will not be claimed as a depend-
ent by either parent for purposes of either federal or state income tax.
§ 33. Subdivision 1 of section 3202 of the education law, as amended
by chapter 106 of the laws of 2003, is amended to read as follows:
1. A person over five and under twenty-one years of age who has not
received a high school diploma is entitled to attend the public schools
maintained in the district in which such person resides without the
payment of tuition. Provided further that such person may continue to
attend the public school in such district in the same manner, if tempo-
rarily residing outside the boundaries of the district when relocation
to such temporary residence is a consequence of such person's parent or
person in parental relationship being called to active military duty,
other than training. Notwithstanding any other provision of law to the
contrary, the school district shall not be required to provide transpor-
tation between a temporary residence located outside of the school
district and the school the child attends. A veteran of any age who
shall have served as a member of the armed forces of the United States
and who (A) shall have been discharged therefrom under conditions other
than dishonorable, OR (B) HAS A QUALIFYING CONDITION, AS DEFINED IN
SECTION THREE HUNDRED FIFTY OF THE EXECUTIVE LAW, AND HAS RECEIVED A
DISCHARGE OTHER THAN BAD CONDUCT OR DISHONORABLE FROM SUCH SERVICE, OR
(C) IS A DISCHARGED LGBT VETERAN, AS DEFINED IN SECTION THREE HUNDRED
FIFTY OF THE EXECUTIVE LAW, AND HAS RECEIVED A DISCHARGE OTHER THAN BAD
CONDUCT OR DISHONORABLE FROM SUCH SERVICE, may attend any of the public
schools of the state upon conditions prescribed by the board of educa-
tion, and such veterans shall be included in the pupil count for state
aid purposes. A nonveteran under twenty-one years of age who has
received a high school diploma shall be permitted to attend classes in
the schools of the district in which such person resides or in a school
of a board of cooperative educational services upon payment of tuition
under such terms and conditions as shall be established in regulations
promulgated by the commissioner; provided, however, that a school
district may waive the payment of tuition for such nonveteran, but in
any case such a nonveteran who has received a high school diploma shall
not be counted for any state aid purposes. Nothing herein contained
shall, however, require a board of education to admit a child who
becomes five years of age after the school year has commenced unless his
birthday occurs on or before the first of December.
§ 34. Subdivision 4 of section 11-0715 of the environmental conserva-
tion law, as amended by section 6 of part R of chapter 58 of the laws of
2013, is amended to read as follows:
4. A person, resident in the state for at least thirty days immediate-
ly prior to the date of application, who (A) has been honorably
S. 45--B 20
discharged from service in the armed forces of the United States, OR (B)
HAS A QUALIFYING CONDITION, AS DEFINED IN SECTION THREE HUNDRED FIFTY OF
THE EXECUTIVE LAW, AND HAS RECEIVED A DISCHARGE OTHER THAN BAD CONDUCT
OR DISHONORABLE FROM SUCH SERVICE, OR (C) IS A DISCHARGED LGBT VETERAN,
AS DEFINED IN SECTION THREE HUNDRED FIFTY OF THE EXECUTIVE LAW, AND HAS
RECEIVED A DISCHARGE OTHER THAN BAD CONDUCT OR DISHONORABLE FROM SUCH
SERVICE, and IS certified as having a forty percent or greater service-
connected disability is entitled to receive all licenses, privileges,
tags, and permits authorized by this title for which he or she is eligi-
ble, except turkey permits, renewable each year for a five dollar fee.
§ 35. Subparagraph (iv) of paragraph c of subdivision 1 of section
13-0328 of the environmental conservation law, as amended by chapter 21
of the laws of 2019, is amended to read as follows:
(iv) licenses shall be issued only to persons who demonstrate in a
manner acceptable to the department that they received an average of at
least fifteen thousand dollars of income over three consecutive years
from commercial fishing or fishing, or who successfully complete a
commercial food fish apprenticeship pursuant to subdivision seven of
this section. As used in this subparagraph, "commercial fishing" means
the taking and sale of marine resources including fish, shellfish, crus-
tacea or other marine biota and "fishing" means commercial fishing and
carrying fishing passengers for hire. Individuals who wish to qualify
based on income from "fishing" must hold a valid marine and coastal
district party and charter boat license. No more than ten percent of the
licenses issued each year based on income eligibility pursuant to this
paragraph shall be issued to applicants who qualify based solely upon
income derived from operation of or employment by a party or charter
boat. For the income evaluation of this subdivision, the department may
consider persons who would otherwise be eligible but for having served
in the United States armed forces on active duty, provided that such
individual (1) has received an honorable or general discharge, OR (2)
HAS A QUALIFYING CONDITION, AS DEFINED IN SECTION THREE HUNDRED FIFTY OF
THE EXECUTIVE LAW, AND HAS RECEIVED A DISCHARGE OTHER THAN BAD CONDUCT
OR DISHONORABLE FROM SUCH SERVICE, OR (3) IS A DISCHARGED LGBT VETERAN,
AS DEFINED IN SECTION THREE HUNDRED FIFTY OF THE EXECUTIVE LAW, AND HAS
RECEIVED A DISCHARGE OTHER THAN BAD CONDUCT OR DISHONORABLE FROM SUCH
SERVICE, shall not be deemed ineligible.
§ 36. Subdivision 1 of section 130 of the executive law, as amended by
section 1 of subpart D of part II of chapter 55 of the laws of 2019, is
amended to read as follows:
1. The secretary of state may appoint and commission as many notaries
public for the state of New York as in his or her judgment may be deemed
best, whose jurisdiction shall be co-extensive with the boundaries of
the state. The appointment of a notary public shall be for a term of
four years. An application for an appointment as notary public shall be
in form and set forth such matters as the secretary of state shall
prescribe. Every person appointed as notary public must, at the time of
his or her appointment, be a citizen of the United States and either a
resident of the state of New York or have an office or place of business
in New York state. A notary public who is a resident of the state and
who moves out of the state but still maintains a place of business or an
office in New York state does not vacate his or her office as a notary
public. A notary public who is a nonresident and who ceases to have an
office or place of business in this state, vacates his or her office as
a notary public. A notary public who is a resident of New York state and
moves out of the state and who does not retain an office or place of
S. 45--B 21
business in this state shall vacate his or her office as a notary
public. A non-resident who accepts the office of notary public in this
state thereby appoints the secretary of state as the person upon whom
process can be served on his or her behalf. Before issuing to any appli-
cant a commission as notary public, unless he or she be an attorney and
counsellor at law duly admitted to practice in this state or a court
clerk of the unified court system who has been appointed to such posi-
tion after taking a civil service promotional examination in the court
clerk series of titles, the secretary of state shall satisfy himself or
herself that the applicant is of good moral character, has the equiv-
alent of a common school education and is familiar with the duties and
responsibilities of a notary public; provided, however, that where a
notary public applies, before the expiration of his or her term, for
reappointment with the county clerk or where a person whose term as
notary public shall have expired applies within six months thereafter
for reappointment as a notary public with the county clerk, such quali-
fying requirements may be waived by the secretary of state, and further,
where an application for reappointment is filed with the county clerk
after the expiration of the aforementioned renewal period by a person
who failed or was unable to re-apply by reason of his or her induction
or enlistment in the armed forces of the United States, such qualifying
requirements may also be waived by the secretary of state, provided such
application for reappointment is made within a period of one year after
the military discharge of the applicant under conditions other than
dishonorable, OR IF THE APPLICANT HAS A QUALIFYING CONDITION, AS DEFINED
IN SECTION THREE HUNDRED FIFTY OF THIS CHAPTER, WITHIN A PERIOD OF ONE
YEAR AFTER THE APPLICANT HAS RECEIVED A DISCHARGE OTHER THAN BAD CONDUCT
OR DISHONORABLE FROM SUCH SERVICE, OR IF THE APPLICANT IS A DISCHARGED
LGBT VETERAN, AS DEFINED IN SECTION THREE HUNDRED FIFTY OF THIS CHAPTER,
WITHIN A PERIOD OF ONE YEAR AFTER THE APPLICANT HAS RECEIVED A DISCHARGE
OTHER THAN BAD CONDUCT OR DISHONORABLE FROM SUCH SERVICE. In any case,
the appointment or reappointment of any applicant is in the discretion
of the secretary of state. The secretary of state may suspend or remove
from office, for misconduct, any notary public appointed by him or her
but no such removal shall be made unless the person who is sought to be
removed shall have been served with a copy of the charges against him or
her and have an opportunity of being heard. No person shall be appointed
as a notary public under this article who has been convicted, in this
state or any other state or territory, of a crime, unless the secretary
makes a finding in conformance with all applicable statutory require-
ments, including those contained in article twenty-three-A of the
correction law, that such convictions do not constitute a bar to
appointment.
§ 37. Subdivisions 1, 2, and 3 of section 32 of the general business
law, subdivisions 1 and 3 as amended by chapter 650 of the laws of 1976
and subdivision 2 as amended by chapter 321 of the laws of 1955, are
amended to read as follows:
1. Every [honorably discharged] member of the armed forces of the
United States[,] WHO (A) WAS HONORABLY DISCHARGED FROM SUCH SERVICE, OR
(B) HAS A QUALIFYING CONDITION, AS DEFINED IN SECTION THREE HUNDRED
FIFTY OF THE EXECUTIVE LAW, AND HAS RECEIVED A DISCHARGE OTHER THAN BAD
CONDUCT OR DISHONORABLE FROM SUCH SERVICE, OR (C) IS A DISCHARGED LGBT
VETERAN, AS DEFINED IN SECTION THREE HUNDRED FIFTY OF THE EXECUTIVE LAW,
AND HAS RECEIVED A DISCHARGE OTHER THAN BAD CONDUCT OR DISHONORABLE FROM
SUCH SERVICE, AND who is a resident of this state and a veteran of any
war, or who shall have served in the armed forces of the United States
S. 45--B 22
overseas, and the surviving spouse of any such veteran, if a resident of
the state, shall have the right to hawk, peddle, vend and sell goods,
wares or merchandise or solicit trade upon the streets and highways
within the county of his or her residence, as the case may be, or if
such county is embraced wholly by a city, within such city, by procuring
a license for that purpose to be issued as herein provided. No part of
the lands or premises under the jurisdiction of the division of the
state fair in the department of agriculture and markets, shall be deemed
a street or highway within the meaning of this section.
2. Any such former member of the armed forces of the United States may
present to the clerk of any county in which he has resided for a period
of at least six months, his original certificate of [honorable] RELEASE
OR discharge FROM ACTIVE DUTY, or a copy thereof duly certified by the
recording officer or a certificate in lieu of lost discharge issued by a
department of the armed forces of the United States which shall show
that the person presenting it is a veteran of any war, or that he has
served overseas in the armed forces of the United States. He shall also
fill out a blank which shall when filled out state his name, residence
at the time of application, nature of goods to be sold, and if the
applicant is working on commission or percentage for any person, firm or
corporation, the name and business address of such person, firm or
corporation. This statement shall be signed by the applicant in the
presence of the county clerk, or a deputy designated by him, and the
name on this application and on the original certificate of [honorable]
RELEASE OR discharge FROM ACTIVE DUTY shall be compared by the county
clerk to ascertain if the person so applying is the same person named in
the original certificate of [honorable] RELEASE OR discharge FROM ACTIVE
DUTY. Such county clerk when so satisfied shall issue, without cost, to
such former member of the armed forces of the United States, a license
certifying him to be entitled to the benefits of this section.
3. A copy of this statement shall be attached to the license granted
by the county clerk and shall remain attached thereto. On presentation
to such clerk of the affidavit of such surviving spouse and two other
residents of the county, that he or she is such surviving spouse, accom-
panied by such original certificate of [honorable] RELEASE OR discharge
FROM ACTIVE DUTY of his or her deceased spouse, and the filing of the
statement hereinabove required, such county clerk shall issue, without
cost to the surviving spouse, a license certifying the surviving spouse
to be entitled to the benefits of this section.
§ 38. Section 35 of the general business law, as amended by chapter
550 of the laws of 1978, is amended to read as follows:
§ 35. Municipal regulations. This article shall not affect the appli-
cation of any ordinance, by-law or regulation of a municipal corporation
relating to hawkers and peddlers within the limits of such corporations,
but the provisions of this article are to be complied with in addition
to the requirements of any such ordinance, by-law or regulation;
provided, however, that no such by-law, ordinance or regulation shall
prevent or in any manner interfere with the hawking or peddling, without
the use of any but a hand driven vehicle, in any street, avenue, alley,
lane or park of a municipal corporation, by any honorably discharged
member of the armed forces of the United States who (1) WAS HONORABLY
DISCHARGED FROM SUCH SERVICE, OR (2) HAS A QUALIFYING CONDITION, AS
DEFINED IN SECTION THREE HUNDRED FIFTY OF THE EXECUTIVE LAW, AND HAS
RECEIVED A DISCHARGE OTHER THAN BAD CONDUCT OR DISHONORABLE FROM SUCH
SERVICE, OR (3) IS A DISCHARGED LGBT VETERAN, AS DEFINED IN SECTION
THREE HUNDRED FIFTY OF THE EXECUTIVE LAW, AND HAS RECEIVED A DISCHARGE
S. 45--B 23
OTHER THAN BAD CONDUCT OR DISHONORABLE FROM SUCH SERVICE, AND WHO is
physically disabled as a result of injuries received while in the
service of said armed forces and the holder of a license granted pursu-
ant to section thirty-two OF THIS ARTICLE.
§ 39. Paragraph (a) of subdivision 1 of section 35-a of the general
business law, as added by chapter 227 of the laws of 1998, is amended to
read as follows:
(a) In cities having a population of one million or more, the official
designated by a local law or ordinance to issue a local license to hawk,
peddle, vend and sell goods, wares or merchandise or solicit trade upon
the streets and highways within such city shall issue specialized vend-
ing licenses to [honorably discharged] members of the armed forces of
the United States who (I) WERE HONORABLY DISCHARGED FROM SUCH SERVICE,
OR (II) HAVE A QUALIFYING CONDITION, AS DEFINED IN SECTION THREE HUNDRED
FIFTY OF THE EXECUTIVE LAW, AND RECEIVED A DISCHARGE OTHER THAN BAD
CONDUCT OR DISHONORABLE FROM SUCH SERVICE, OR (III) ARE A DISCHARGED
LGBT VETERAN, AS DEFINED IN SECTION THREE HUNDRED FIFTY OF THE EXECUTIVE
LAW, AND RECEIVED A DISCHARGE OTHER THAN BAD CONDUCT OR DISHONORABLE
FROM SUCH SERVICE, AND WHO are physically disabled as a result of inju-
ries received while in the service of said armed forces and who are
eligible to hold licenses granted pursuant to section thirty-two of this
article. Such specialized vending licenses shall authorize holders ther-
eof to hawk or peddle within such city in accordance with the provisions
contained in this section. Specialized vending licenses issued under
this section shall permit the holders thereof to vend on any block face,
and no licensee authorized under this section shall be restricted in any
way from vending in any area, except as provided in this section.
§ 40. Paragraph (b) of subdivision 3 of section 69-p of the general
business law, as amended by chapter 575 of the laws of 1993, is amended
to read as follows:
(b) In the case of persons who are or were in the military service and
(I) have been or will be discharged under conditions other than
dishonorable, OR (II) HAVE A QUALIFYING CONDITION, AS DEFINED IN SECTION
THREE HUNDRED FIFTY OF THE EXECUTIVE LAW, AND RECEIVED A DISCHARGE OTHER
THAN BAD CONDUCT OR DISHONORABLE FROM SUCH SERVICE, OR (III) ARE
DISCHARGED LGBT VETERANS, AS DEFINED IN SECTION THREE HUNDRED FIFTY OF
THE EXECUTIVE LAW, AND HAVE RECEIVED A DISCHARGE OTHER THAN BAD CONDUCT
OR DISHONORABLE FROM SUCH SERVICE, the period of two years specified in
subdivision one of this section need not be continuous. The length of
time such person was engaged in the business of installing, servicing or
maintaining security or fire alarm systems before entering the military
service may be added to any period of time during which such person was
or is engaged in the business of installing, servicing or maintaining
security or fire alarm systems after the termination of military
service.
§ 41. The closing paragraph of section 435 of the general business
law, as added by chapter 801 of the laws of 1946, is amended to read as
follows:
In the case of persons who are or were in the military service and (A)
have been or will be discharged under conditions other than dishonor-
able, OR (B) HAVE A QUALIFYING CONDITION, AS DEFINED IN SECTION THREE
HUNDRED FIFTY OF THE EXECUTIVE LAW, AND RECEIVED A DISCHARGE OTHER THAN
BAD CONDUCT OR DISHONORABLE FROM SUCH SERVICE, OR (C) ARE DISCHARGED
LGBT VETERANS, AS DEFINED IN SECTION THREE HUNDRED FIFTY OF THE EXECU-
TIVE LAW, AND HAVE RECEIVED A DISCHARGE OTHER THAN BAD CONDUCT OR
DISHONORABLE FROM SUCH SERVICE, the period of one year specified in
S. 45--B 24
subdivision one of this section and the period of six months specified
in subdivision two of this section need not be continuous. The length of
time such person was engaged in the practice of barbering before enter-
ing the military service may be added to any period of time during which
such person was or is engaged in the practice of barbering after the
termination of military service.
§ 42. Subdivision 1 of section 77 of the general municipal law, as
amended by chapter 476 of the laws of 2018, is amended to read as
follows:
1. A municipal corporation may lease, for not exceeding five years, to
a post or posts of the Grand Army of the Republic, Veterans of Foreign
Wars of the United States, American Legion, Catholic War Veterans, Inc.,
Disabled American Veterans, the Army and Navy Union, U.S.A., Marine
Corps League, AMVETS, American Veterans of World War II, Jewish War
Veterans of the United States, Inc., Italian American War Veterans of
the United States, Incorporated, Masonic War Veterans of the State of
New York, Inc., Veterans of World War I of the United States of America
Department of New York, Inc., Polish-American Veterans of World War II,
Amsterdam, N.Y., Inc., Polish-American Veterans of World War II, Sche-
nectady, N.Y., Inc., Polish Legion of American Veterans, Inc., Vietnam
Veterans of America or other veteran organization of [honorably
discharged] members of the armed forces of the United States WHO (A)
WERE HONORABLY DISCHARGED FROM SUCH SERVICE OR (B) HAVE A QUALIFYING
CONDITION, AS DEFINED IN SECTION THREE HUNDRED FIFTY OF THE EXECUTIVE
LAW, AND RECEIVED A DISCHARGE OTHER THAN BAD CONDUCT OR DISHONORABLE
FROM SUCH SERVICE, OR (C) ARE DISCHARGED LGBT VETERANS, AS DEFINED IN
SECTION THREE HUNDRED FIFTY OF THE EXECUTIVE LAW, AND RECEIVED A
DISCHARGE OTHER THAN BAD CONDUCT OR DISHONORABLE FROM SUCH SERVICE, or
to an incorporated organization or an association of either active or
exempt volunteer firefighters, a public building or part thereof,
belonging to such municipal corporation, except schoolhouses in actual
use as such, without expense, or at a nominal rent, fixed by the board
or council having charge of such buildings and provide furniture and
furnishings, and heat, light and janitor service therefor, in like
manner.
§ 43. Section 117-c of the highway law, as added by chapter 387 of the
laws of 1998, is amended to read as follows:
§ 117-c. Hawking, peddling, vending, sale of goods, wares or merchan-
dise; Erie county; certain areas. Notwithstanding any law to the contra-
ry, except section thirty-five of the general business law, the county
of Erie shall have the power to enact a local law prohibiting hawking,
peddling, vending and sale of goods, wares or merchandise or solicita-
tion of trade in the right-of-way of county roads adjacent to arenas,
stadiums, auditoriums or like facilities, which contain fifty thousand
or more seats, which are used for events likely to attract large numbers
of spectators, including but not limited to home games of a National
Football League franchise. Provided, however, that the power to enact
such local law shall be subject to the requirement that provision be
made, by lease agreement, regulation or otherwise, for the hawking,
peddling, vending and sales of goods, wares or merchandise or solicita-
tion of trade in designated vending areas on the ground of county-owned
lands leased for use as an arena, stadium or auditorium or like facility
which contain fifty thousand or more seats; and further provided that
[honorably discharged] members of the armed forces of the United States
who (A) WERE HONORABLY DISCHARGED FROM SUCH SERVICE, OR (B) HAVE A QUAL-
IFYING CONDITION, AS DEFINED IN SECTION THREE HUNDRED FIFTY OF THE EXEC-
S. 45--B 25
UTIVE LAW, AND RECEIVED A DISCHARGE OTHER THAN BAD CONDUCT OR DISHONOR-
ABLE FROM SUCH SERVICE, OR (C) ARE DISCHARGED LGBT VETERANS, AS DEFINED
IN SECTION THREE HUNDRED FIFTY OF THE EXECUTIVE LAW, AND RECEIVED A
DISCHARGE OTHER THAN BAD CONDUCT OR DISHONORABLE FROM SUCH SERVICE, AND
WHO are entitled to hawk, vend, sell or peddle merchandise in the public
right-of-way pursuant to sections thirty-two and thirty-five of the
general business law, shall be given first preference in any assignment
or vending locations or in the allocation of such locations.
§ 44. Subparagraph (F) of paragraph 3 of subsection (e) of section
2104 of the insurance law, as amended by chapter 687 of the laws of
2003, is amended to read as follows:
(F) served as a member of the armed forces of the United States at any
time, and shall (I) have been discharged under conditions other than
dishonorable, OR (II) HAS A QUALIFYING CONDITION, AS DEFINED IN SECTION
THREE HUNDRED FIFTY OF THE EXECUTIVE LAW, AND HAS RECEIVED A DISCHARGE
OTHER THAN BAD CONDUCT OR DISHONORABLE FROM SUCH SERVICE, OR (III) IS A
DISCHARGED LGBT VETERAN, AS DEFINED IN SECTION THREE HUNDRED FIFTY OF
THE EXECUTIVE LAW, AND HAS RECEIVED A DISCHARGE OTHER THAN BAD CONDUCT
OR DISHONORABLE FROM SUCH SERVICE, and who within three years prior to
his entry into the armed forces held a license as insurance broker for
similar lines, provided his application for such license is filed before
one year from the date of final discharge; or
§ 45. Paragraph 2 of subsection (f) of section 2104 of the insurance
law is amended to read as follows:
(2) No license fee shall be required of any person who served as a
member of the armed forces of the United States at any time, and who (A)
shall have been discharged, under conditions other than dishonorable, OR
(B) HAS A QUALIFYING CONDITION, AS DEFINED IN SECTION THREE HUNDRED
FIFTY OF THE EXECUTIVE LAW, AND HAS RECEIVED A DISCHARGE OTHER THAN BAD
CONDUCT OR DISHONORABLE FROM SUCH SERVICE, OR (C) IS A DISCHARGED LGBT
VETERAN, AS DEFINED IN SECTION THREE HUNDRED FIFTY OF THE EXECUTIVE LAW,
AND HAS RECEIVED A DISCHARGE OTHER THAN BAD CONDUCT OR DISHONORABLE FROM
SUCH SERVICE, in a current licensing period, for the duration of such
period.
§ 46. Paragraph 11 of subsection (j) of section 2103 of the insurance
law, as added by chapter 769 of the laws of 1984, is amended to read as
follows:
(11) No license fee shall be required of any person who served as a
member of the armed forces of the United States at any time and who (A)
shall have been discharged therefrom, under conditions other than
dishonorable, OR (B) HAS A QUALIFYING CONDITION, AS DEFINED IN SECTION
THREE HUNDRED FIFTY OF THE EXECUTIVE LAW, AND HAS RECEIVED A DISCHARGE
OTHER THAN BAD CONDUCT OR DISHONORABLE FROM SUCH SERVICE, OR (C) IS A
DISCHARGED LGBT VETERAN, AS DEFINED IN SECTION THREE HUNDRED FIFTY OF
THE EXECUTIVE LAW, AND HAS RECEIVED A DISCHARGE OTHER THAN BAD CONDUCT
OR DISHONORABLE FROM SUCH SERVICE, in a current licensing period, for
the duration of such period.
§ 47. Paragraph 2 of subsection (i) of section 2108 of the insurance
law is amended to read as follows:
(2) No license fee shall be required of any person who served as a
member of the armed forces of the United States at any time and who (A)
shall have been discharged, under conditions other than dishonorable, OR
(B) HAS A QUALIFYING CONDITION, AS DEFINED IN SECTION THREE HUNDRED
FIFTY OF THE EXECUTIVE LAW, AND HAS RECEIVED A DISCHARGE OTHER THAN BAD
CONDUCT OR DISHONORABLE FROM SUCH SERVICE, OR (C) IS A DISCHARGED LGBT
VETERAN, AS DEFINED IN SECTION THREE HUNDRED FIFTY OF THE EXECUTIVE LAW,
S. 45--B 26
AND HAS RECEIVED A DISCHARGE OTHER THAN BAD CONDUCT OR DISHONORABLE FROM
SUCH SERVICE, in a current licensing period, for the duration of such
period.
§ 48. Paragraph 10 of subsection (h) of section 2137 of the insurance
law, as added by chapter 499 of the laws of 2009, is amended to read as
follows:
(10) No license fee shall be required of any person who served as a
member of the armed forces of the United States at any time and who (A)
shall have been discharged therefrom, under conditions other than
dishonorable, OR (B) HAS A QUALIFYING CONDITION, AS DEFINED IN SECTION
THREE HUNDRED FIFTY OF THE EXECUTIVE LAW, AND HAS RECEIVED A DISCHARGE
OTHER THAN BAD CONDUCT OR DISHONORABLE FROM SUCH SERVICE, OR (C) IS A
DISCHARGED LGBT VETERAN, AS DEFINED IN SECTION THREE HUNDRED FIFTY OF
THE EXECUTIVE LAW, AND HAS RECEIVED A DISCHARGE OTHER THAN BAD CONDUCT
OR DISHONORABLE FROM SUCH SERVICE, in a current licensing period, for
the duration of such period.
§ 49. Paragraph 11 of subsection (i) of section 2139 of the insurance
law, as added by section 14 of part V of chapter 57 of the laws of 2014,
is amended to read as follows:
(11) No license fee shall be required of any person who served as a
member of the armed forces of the United States at any time, and who (A)
shall have been discharged therefrom under conditions other than
dishonorable, OR (B) HAS A QUALIFYING CONDITION, AS DEFINED IN SECTION
THREE HUNDRED FIFTY OF THE EXECUTIVE LAW, AND HAS RECEIVED A DISCHARGE
OTHER THAN BAD CONDUCT OR DISHONORABLE FROM SUCH SERVICE, OR (C) IS A
DISCHARGED LGBT VETERAN, AS DEFINED IN SECTION THREE HUNDRED FIFTY OF
THE EXECUTIVE LAW, AND HAS RECEIVED A DISCHARGE OTHER THAN BAD CONDUCT
OR DISHONORABLE FROM SUCH SERVICE, in a current licensing period for the
duration of such period.
§ 50. Section 466 of the judiciary law, as amended by chapter 455 of
the laws of 1960, is amended to read as follows:
§ 466. Attorney's oath of office. Each person, admitted as prescribed
in this chapter must, upon his OR HER admission, take the constitutional
oath of office in open court, and subscribe the same in a roll or book,
to be kept in the office of the clerk of the appellate division of the
supreme court for that purpose.
Any person now in actual service in the armed forces of the United
States or whose induction or enlistment therein is imminent, or within
sixty days after [he] SUCH PERSON (1) has been honorably discharged, OR
(2) HAS RECEIVED A DISCHARGE OTHER THAN BAD CONDUCT OR DISHONORABLE FROM
SUCH SERVICE, IF SUCH PERSON HAS A QUALIFYING CONDITION, AS DEFINED IN
SECTION THREE HUNDRED FIFTY OF THE EXECUTIVE LAW, OR (3) HAS RECEIVED A
DISCHARGE OTHER THAN BAD CONDUCT OR DISHONORABLE FROM SUCH SERVICE, IF
SUCH PERSON IS A DISCHARGED LGBT VETERAN, AS DEFINED IN SECTION THREE
HUNDRED FIFTY OF THE EXECUTIVE LAW, if the appellate division of the
supreme court in the department in which such person resides is not in
session, may subscribe and take the oath before a justice of that court,
with the same force and effect as if it were taken in open court, except
that in the first department the oath must be taken before the presiding
justice or, in his OR HER absence, before the senior justice.
§ 51. Subdivision 3 of section 20 of the military law, as added by
chapter 825 of the laws of 1950, is amended to read as follows:
3. Any person who has served as a commissioned or warrant officer in
the organized militia or in the armed forces of the United States and
(A) has been honorably discharged therefrom, OR (B) HAS A QUALIFYING
CONDITION, AS DEFINED IN SECTION THREE HUNDRED FIFTY OF THE EXECUTIVE
S. 45--B 27
LAW, AND HAS RECEIVED A DISCHARGE OTHER THAN BAD CONDUCT OR DISHONORABLE
FROM SUCH SERVICE, OR (C) IS A DISCHARGED LGBT VETERAN, AS DEFINED IN
SECTION THREE HUNDRED FIFTY OF THE EXECUTIVE LAW, AND HAS RECEIVED A
DISCHARGE OTHER THAN BAD CONDUCT OR DISHONORABLE FROM SUCH SERVICE, may
be commissioned and placed on the state reserve list in the highest
grade previously held by him after complying with such conditions as may
be prescribed by regulations issued pursuant to this chapter.
§ 52. Subdivision 2 of section 238 of the military law, as amended by
chapter 302 of the laws of 1967, is amended to read as follows:
2. Any person, except members of the armed forces of the United
States, members of the organized militia of this or any other state,
personnel of the independent military organizations designated in
section two hundred forty of this article, members of associations whol-
ly composed of persons WHO (A) WERE honorably discharged from the armed
forces of the United States, OR (B) HAVE A QUALIFYING CONDITION, AS
DEFINED IN SECTION THREE HUNDRED FIFTY OF THE EXECUTIVE LAW, AND HAVE
RECEIVED A DISCHARGE OTHER THAN BAD CONDUCT OR DISHONORABLE FROM THE
ARMED FORCES OF THE UNITED STATES, OR (C) ARE DISCHARGED LGBT VETERANS,
AS DEFINED IN SECTION THREE HUNDRED FIFTY OF THE EXECUTIVE LAW, AND HAVE
RECEIVED A DISCHARGE OTHER THAN BAD CONDUCT OR DISHONORABLE FROM THE
ARMED FORCES OF THE UNITED STATES, and members of associations wholly
composed of sons of veterans of any war of the United States, who shall
wear any uniform or any device, strap, knot or insignia of any design or
character used as a designation of grade, rank or office, such as are by
law or by regulation, duly promulgated, prescribed for the use of the
organized militia or similar thereto; or,
§ 53. Paragraphs (b) and (c) of subdivision 1 of section 243 of the
military law, paragraph (b) as amended by chapter 248 of the laws of
2001 and paragraph (c) as added by chapter 420 of the laws of 1953, are
amended to read as follows:
(b) The term "military duty" shall mean military service in the mili-
tary, naval, aviation or marine service of the United States subsequent
to July first, nineteen hundred forty, or service under the selective
training and service act of nineteen hundred forty, or the national
guard and reserve officers mobilization act of nineteen hundred forty,
or any other act of congress supplementary or amendatory thereto, or any
similar act of congress hereafter enacted and irrespective of the fact
that such service was entered upon following a voluntary enlistment
therefor or was required under one of the foregoing acts of congress, or
service with the United States public health service as a commissioned
officer, or service with the American Red Cross while with the armed
forces of the United States on foreign service, or service with the
special services section of the armed forces of the United States on
foreign service, or service in the merchant marine which shall consist
of service as an officer or member of the crew on or in connection with
a vessel documented under the laws of the United States or a vessel
owned by, chartered to, or operated by or for the account or use of the
government of the United States, or service by one who was employed by
the War Shipping Administration or Office of Defense Transportation or
their agents as a merchant seaman documented by the United States Coast
Guard or Department of Commerce, or as a civil servant employed by the
United States Army Transport Service (later redesignated as the United
States Army Transportation Corps, Water Division) or the Naval Transpor-
tation Service; and who served satisfactorily as a crew member during
the period of armed conflict, December seventh, nineteen hundred forty-
one, to August fifteenth, nineteen hundred forty-five, aboard merchant
S. 45--B 28
vessels in oceangoing, i.e., foreign, intercoastal, or coastwise service
as such terms are defined under federal law (46 USCA 10301 & 10501) and
further to include "near foreign" voyages between the United States and
Canada, Mexico, or the West Indies via ocean routes, or public vessels
in oceangoing service or foreign waters and who has received a Certif-
icate of Release or Discharge from Active Duty and a discharge certif-
icate, or an Honorable Service Certificate/Report of Casualty, from the
Department of Defense, or who served as a United States civilian
employed by the American Field Service and served overseas under United
States Armies and United States Army Groups in world war II during the
period of armed conflict, December seventh, nineteen hundred forty-one
through May eighth, nineteen hundred forty-five, and who (I) was
discharged or released therefrom under honorable conditions, OR (II) HAS
A QUALIFYING CONDITION, AS DEFINED IN SECTION THREE HUNDRED FIFTY OF THE
EXECUTIVE LAW, AND HAS RECEIVED A DISCHARGE OTHER THAN BAD CONDUCT OR
DISHONORABLE FROM SUCH SERVICE, OR (III) IS A DISCHARGED LGBT VETERAN,
AS DEFINED IN SECTION THREE HUNDRED FIFTY OF THE EXECUTIVE LAW, AND HAS
RECEIVED A DISCHARGE OTHER THAN BAD CONDUCT OR DISHONORABLE FROM SUCH
SERVICE, or who served as a United States civilian Flight Crew and
Aviation Ground Support Employee of Pan American World Airways or one of
its subsidiaries or its affiliates and served overseas as a result of
Pan American's contract with Air Transport Command or Naval Air Trans-
port Service during the period of armed conflict, December fourteenth,
nineteen hundred forty-one through August fourteenth, nineteen hundred
forty-five, and who (IV) was discharged or released therefrom under
honorable conditions, OR (V) HAS A QUALIFYING CONDITION, AS DEFINED IN
SECTION THREE HUNDRED FIFTY OF THE EXECUTIVE LAW, AND HAS RECEIVED A
DISCHARGE OTHER THAN BAD CONDUCT OR DISHONORABLE FROM SUCH SERVICE, OR
(VI) IS A DISCHARGED LGBT VETERAN, AS DEFINED IN SECTION THREE HUNDRED
FIFTY OF THE EXECUTIVE LAW, AND HAS RECEIVED A DISCHARGE OTHER THAN BAD
CONDUCT OR DISHONORABLE FROM SUCH SERVICE; or service in police duty on
behalf of the United States government in a foreign country, if such
person is a police officer, as defined by section 1.20 of the criminal
procedure law, and if such police officer obtained the prior consent of
his or her public employer to absent himself or herself from his or her
position to engage in the performance of such service; or as an enrollee
in the United States maritime service on active duty and, to such extent
as may be prescribed by or under the laws of the United States, any
period awaiting assignment to such service and any period of education
or training for such service in any school or institution under the
jurisdiction of the United States government, but shall not include
temporary and intermittent gratuitous service in any reserve or auxilia-
ry force. It shall include time spent in reporting for and returning
from military duty and shall be deemed to commence when the public
employee leaves his position and to end when he is reinstated to his
position, provided such reinstatement is within ninety days after the
termination of military duty, as hereinafter defined. Notwithstanding
the foregoing provisions of this paragraph, the term "military duty"
shall not include any of the foregoing services entered upon voluntarily
on or after January first, nineteen hundred forty-seven and before June
twenty-fifth, nineteen hundred fifty; and, on or after July first, nine-
teen hundred seventy, the term "military duty" shall not include any
voluntary service in excess of four years performed after that date, or
the total of any voluntary services, additional or otherwise, in excess
of four years performed after that date, shall not exceed five years, if
the service in excess of four years is at the request and for the
S. 45--B 29
convenience of the federal government, except if such voluntary service
is performed during a period of war, or national emergency declared by
the president.
(c) The term "termination of military duty" shall mean the date of a
certificate of honorable discharge or a certificate of completion of
training and service as set forth in the selective training and service
act of nineteen hundred forty, and the national guard and reserve offi-
cers mobilization act of nineteen hundred forty or, OR A CERTIFICATE OF
RELEASE OR DISCHARGE FROM ACTIVE DUTY WHERE AN EMPLOYEE (I) HAS A QUALI-
FYING CONDITION, AS DEFINED IN SECTION THREE HUNDRED FIFTY OF THE EXECU-
TIVE LAW, AND HAS RECEIVED A DISCHARGE OTHER THAN BAD CONDUCT OR
DISHONORABLE FROM SUCH SERVICE, OR (II) IS A DISCHARGED LGBT VETERAN, AS
DEFINED IN SECTION THREE HUNDRED FIFTY OF THE EXECUTIVE LAW, AND HAS
RECEIVED A DISCHARGE OTHER THAN BAD CONDUCT OR DISHONORABLE FROM SUCH
SERVICE, OR in the event of the incurrence of a temporary disability
arising out of and in the course of such military duty, the date of
termination of such disability. The existence and termination of such
temporary disability, in the case of a public employee occupying a posi-
tion in the classified civil service or of a person on an eligible list
for a position in such service, shall be determined by the civil service
commission having jurisdiction over such position and, in the case of a
public employee occupying a position not in the classified civil
service, shall be determined by the officer or body having the power of
appointment.
§ 54. Subparagraphs 1 and 2 of paragraph (a) of subdivision 4-b of
section 243 of the military law, subparagraph 1 as amended by chapter
739 of the laws of 1987 and subparagraph 2 as amended by chapter 467 of
the laws of 1991, are amended to read as follows:
(1) "New York city veteran of world war II". Any member of the New
York city employees' retirement system in city-service who, after his
last membership in such system began, served as a member of the armed
forces of the United States during the period beginning on December
seventh, nineteen hundred forty-one and ending on December thirty-first,
nineteen hundred forty-six, and (I) was honorably discharged or released
under honorable circumstances from such service, OR (II) HAS A QUALIFY-
ING CONDITION, AS DEFINED IN SECTION THREE HUNDRED FIFTY OF THE EXECU-
TIVE LAW, AND HAS RECEIVED A DISCHARGE OTHER THAN BAD CONDUCT OR
DISHONORABLE FROM SUCH SERVICE, OR (III) IS A DISCHARGED LGBT VETERAN,
AS DEFINED IN SECTION THREE HUNDRED FIFTY OF THE EXECUTIVE LAW, AND HAS
RECEIVED A DISCHARGE OTHER THAN BAD CONDUCT OR DISHONORABLE FROM SUCH
SERVICE.
(2) "New York city veteran of the Korean conflict." Any member of the
New York city employees' retirement system in city-service who, after
his last membership in such system began, served as a member of the
armed forces of the United States during the period beginning on the
twenty-seventh of June, nineteen hundred fifty and ending on the thir-
ty-first day of January, nineteen hundred fifty-five, and (I) was honor-
ably discharged or released under honorable circumstances from such
service, OR (II) HAS A QUALIFYING CONDITION, AS DEFINED IN SECTION THREE
HUNDRED FIFTY OF THE EXECUTIVE LAW, AND HAS RECEIVED A DISCHARGE OTHER
THAN BAD CONDUCT OR DISHONORABLE FROM SUCH SERVICE, OR (III) IS A
DISCHARGED LGBT VETERAN, AS DEFINED IN SECTION THREE HUNDRED FIFTY OF
THE EXECUTIVE LAW, AND HAS RECEIVED A DISCHARGE OTHER THAN BAD CONDUCT
OR DISHONORABLE FROM SUCH SERVICE.
§ 55. Section 245 of the military law, as amended by chapter 713 of
the laws of 1964, is amended to read as follows:
S. 45--B 30
§ 245. Retirement allowances of certain war veterans. Any member of a
teachers' retirement system to which the city of New York is required by
law to make contributions on account of such member who (I) is an honor-
ably discharged member of any branch of the armed forces of the United
States, OR (II) HAS A QUALIFYING CONDITION, AS DEFINED IN SECTION THREE
HUNDRED FIFTY OF THE EXECUTIVE LAW, AND HAS RECEIVED A DISCHARGE OTHER
THAN BAD CONDUCT OR DISHONORABLE, OR (III) IS A DISCHARGED LGBT VETERAN,
AS DEFINED IN SECTION THREE HUNDRED FIFTY OF THE EXECUTIVE LAW, AND HAS
RECEIVED A DISCHARGE OTHER THAN BAD CONDUCT OR DISHONORABLE, having
served as such during the time of war and who has attained the age of
fifty years, may retire upon his own request upon written application to
the board setting forth at what time not less than thirty days subse-
quent to the execution and filing thereof he desires to be retired,
provided that such member at the time so specified for his retirement
shall have completed at least twenty-five years of allowable service.
Upon retirement such member shall receive an annuity of equivalent actu-
arial value to his accumulated deductions, and, in addition, a pension
beginning immediately, having a value equal to the present value of the
pension that would have become payable had he continued at his current
salary to the age at which he would have first become eligible for
service retirement, provided, however, that the said member on making
application for retirement shall pay into the retirement fund a sum of
money which calculated on an actuarial basis, together with his prior
contributions and other accumulations in said fund then to his credit,
shall be sufficient to entitle the said member to the same annuity and
pension that he would have received had he remained in the service of
the city until he had attained the age at which he otherwise would have
first become eligible for service retirement.
Notwithstanding any other provision of this section or of any general,
special or local law or code to the contrary, a member of any such
teachers' retirement system who (I) is separated or discharged under
honorable conditions from any branch of the armed forces of the United
States, OR (II) HAS A QUALIFYING CONDITION, AS DEFINED IN SECTION THREE
HUNDRED FIFTY OF THE EXECUTIVE LAW, AND HAS RECEIVED A DISCHARGE OTHER
THAN BAD CONDUCT OR DISHONORABLE, OR (III) IS A DISCHARGED LGBT VETERAN,
AS DEFINED IN SECTION THREE HUNDRED FIFTY OF THE EXECUTIVE LAW, AND HAS
RECEIVED A DISCHARGE OTHER THAN BAD CONDUCT OR DISHONORABLE, having
served as such during the time of war and who has attained the age of
fifty years, may retire upon his own request upon written application to
the board setting forth at what time, not less than thirty days subse-
quent to the execution and filing thereof, he desires to be retired,
provided that such member at that time so specified for his retirement
shall have completed at least twenty-five years of allowable service.
Upon reaching his previously selected minimum retirement age, such
member shall receive an annuity of equivalent actuarial value, at that
time, to his accumulated deductions, and, in addition, a pension based
upon his credited years of allowable service, plus the pension-for-in-
creased-take-home-pay, if any. Should such member die before reaching
his retirement age, then any beneficiary under a selected option shall
be eligible for benefits under such option at the date upon which the
member would have reached his selected retirement age.
§ 56. Section 249 of the military law, as added by chapter 420 of the
laws of 1953, is amended to read as follows:
§ 249. State and municipal officers and employees granted leaves of
absence on July fourth in certain cases. Each officer and employee of
the state or of a municipal corporation or of any other political subdi-
S. 45--B 31
vision thereof who was a member of the national guard or naval militia
or a member of the reserve corps at a time when the United States was
not at war and who (I) has been honorably discharged therefrom, OR (II)
HAS A QUALIFYING CONDITION, AS DEFINED IN SECTION THREE HUNDRED FIFTY OF
THE EXECUTIVE LAW, AND HAS RECEIVED A DISCHARGE OTHER THAN BAD CONDUCT
OR DISHONORABLE FROM SUCH SERVICE, OR (III) IS A DISCHARGED LGBT VETER-
AN, AS DEFINED IN SECTION THREE HUNDRED FIFTY OF THE EXECUTIVE LAW, AND
HAS RECEIVED A DISCHARGE OTHER THAN BAD CONDUCT OR DISHONORABLE FROM
SUCH SERVICE, shall, in so far as practicable, be entitled to absent
himself from his duties or service, with pay, on July fourth of each
year. Notwithstanding the provisions of any general, special or local
law or the provisions of any city charter, no such officer or employee
shall be subjected by any person whatever directly or indirectly by
reason of such absence to any loss or diminution of vacation or holiday
privilege or be prejudiced by reason of such absence with reference to
promotion or continuance in office or employment or to reappointment to
office or to re-employment.
§ 57. Subdivision 3 of section 1271 of the private housing finance
law, as added by section 1 of part Y of chapter 56 of the laws of 2018,
is amended to read as follows:
3. "Veteran" shall mean a resident of this state who (a) has served in
the United States army, navy, marine corps, air force or coast guard or
(b) has served on active duty or ordered to active duty as defined in 10
USC 101 (d)(1) as a member of the national guard or other reserve compo-
nent of the armed forces of the United States or (c) has served on
active duty or ordered to active duty for the state, as a member of the
state organized militia as defined in subdivision nine of section one of
the military law, and has been released from such service documented by
an honorable or general discharge, OR HAS A QUALIFYING CONDITION, AS
DEFINED IN SECTION THREE HUNDRED FIFTY OF THE EXECUTIVE LAW, AND HAS
RECEIVED A DISCHARGE OTHER THAN BAD CONDUCT OR DISHONORABLE FROM SUCH
SERVICE, OR IS A DISCHARGED LGBT VETERAN, AS DEFINED IN SECTION THREE
HUNDRED FIFTY OF THE EXECUTIVE LAW, AND HAS RECEIVED A DISCHARGE OTHER
THAN BAD CONDUCT OR DISHONORABLE FROM SUCH SERVICE.
§ 58. Subdivision 8-a of section 2165 of the public health law, as
added by chapter 542 of the laws of 1998, is amended to read as follows:
8-a. Proof of [honorable] discharge from the armed services within ten
years from the date of application to an institution shall qualify as a
certificate enabling a student to attend the institution pending actual
receipt of immunization records from the armed services. If while await-
ing the receipt of actual immunization records a health risk shall arise
at an institution, a student presenting a certificate under the terms of
this subdivision shall be removed from the institution if proper immuni-
zation cannot be proved or otherwise rectified.
§ 59. The opening paragraph and paragraph (d) of subdivision 1 of
section 2632 of the public health law, as amended by chapter 414 of the
laws of 2015, are amended to read as follows:
Every veteran of the armed forces of the United States, who (i) (A)
was separated or discharged under honorable conditions after serving on
active duty therein for a period of not less than thirty days, OR (B)
HAS A QUALIFYING CONDITION, AS DEFINED IN SECTION THREE HUNDRED FIFTY OF
THE EXECUTIVE LAW, AND HAS RECEIVED A DISCHARGE OTHER THAN BAD CONDUCT
OR DISHONORABLE AFTER SERVING ON ACTIVE DUTY THEREIN FOR A PERIOD OF NOT
LESS THAN THIRTY DAYS, OR (C) IS A DISCHARGED LGBT VETERAN, AS DEFINED
IN SECTION THREE HUNDRED FIFTY OF THE EXECUTIVE LAW, AND HAS RECEIVED A
DISCHARGE OTHER THAN BAD CONDUCT OR DISHONORABLE AFTER SERVING ON ACTIVE
S. 45--B 32
DUTY THEREIN FOR A PERIOD OF NOT LESS THAN THIRTY DAYS, or (ii) (A) was
separated or discharged under honorable conditions after serving on
active duty therein for a period of not less than thirty days OR (B) HAS
A QUALIFYING CONDITION, AS DEFINED IN SECTION THREE HUNDRED FIFTY OF THE
EXECUTIVE LAW, AND HAS RECEIVED A DISCHARGE OTHER THAN BAD CONDUCT OR
DISHONORABLE AFTER SERVING ON ACTIVE DUTY THEREIN FOR A PERIOD OF NOT
LESS THAN THIRTY DAYS, OR (C) IS A DISCHARGED LGBT VETERAN, AS DEFINED
IN SECTION THREE HUNDRED FIFTY OF THE EXECUTIVE LAW, AND HAS RECEIVED A
DISCHARGE OTHER THAN BAD CONDUCT OR DISHONORABLE AFTER SERVING ON ACTIVE
DUTY THEREIN FOR A PERIOD OF NOT LESS THAN THIRTY DAYS, and who was a
recipient of the armed forces expeditionary medal, navy expeditionary
medal or marine corps expeditionary medal for participation in oper-
ations 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 twentieth,
nineteen hundred eighty-nine to January thirty-first, nineteen hundred
ninety, or in Bosnia and Herzgegovina from November twenty-first, nine-
teen hundred ninety-five to November first, two thousand seven, or was a
recipient of the Kosovo campaign medal or (iii) (A) was separated or
discharged under honorable conditions after serving on active duty ther-
ein for a period of not less than thirty days OR (B) HAS A QUALIFYING
CONDITION, AS DEFINED IN SECTION THREE HUNDRED FIFTY OF THE EXECUTIVE
LAW, AND HAS RECEIVED A DISCHARGE OTHER THAN BAD CONDUCT OR DISHONORABLE
AFTER SERVING ON ACTIVE DUTY THEREIN FOR A PERIOD OF NOT LESS THAN THIR-
TY DAYS, OR (C) IS A DISCHARGED LGBT VETERAN, AS DEFINED IN SECTION
THREE HUNDRED FIFTY OF THE EXECUTIVE LAW, AND HAS RECEIVED A DISCHARGE
OTHER THAN BAD CONDUCT OR DISHONORABLE AFTER SERVING ON ACTIVE DUTY
THEREIN FOR A PERIOD OF NOT LESS THAN THIRTY DAYS, and who served during
the period of actual hostilities of either
(d) world war II between December seventh, nineteen hundred forty-one
and December thirty-first, nineteen hundred forty-six, both inclusive,
or who was employed by the War Shipping Administration or Office of
Defense Transportation or their agents as a merchant seaman documented
by the United States Coast Guard or Department of Commerce, or as a
civil servant employed by the United States Army Transport Service
(later redesignated as the United States Army Transportation Corps,
Water Division) or the Naval Transportation Service; and who served
satisfactorily as a crew member during the period of armed conflict,
December seventh, nineteen hundred forty-one, to August fifteenth, nine-
teen hundred forty-five, aboard merchant vessels in oceangoing, i.e.,
foreign, intercoastal, or coastwise service as such terms are defined
under federal law (46 USCA 10301 & 10501) and further to include "near
foreign" voyages between the United States and Canada, Mexico, or the
West Indies via ocean routes, or public vessels in oceangoing service or
foreign waters and who has received a Certificate of Release or
Discharge from Active Duty and a discharge certificate, or an Honorable
Service Certificate/Report of Casualty, from the Department of Defense,
or who served as a United States civilian employed by the American Field
Service and served overseas under United States Armies and United States
Army Groups in world war II during the period of armed conflict, Decem-
ber seventh, nineteen hundred forty-one through May eighth, nineteen
hundred forty-five, and who (I) was discharged or released therefrom
under honorable conditions, OR (II) HAS A QUALIFYING CONDITION, AS
DEFINED IN SECTION THREE HUNDRED FIFTY OF THE EXECUTIVE LAW, AND HAS
RECEIVED A DISCHARGE OTHER THAN BAD CONDUCT OR DISHONORABLE FROM SUCH
S. 45--B 33
SERVICE, OR (III) IS A DISCHARGED LGBT VETERAN, AS DEFINED IN SECTION
THREE HUNDRED FIFTY OF THE EXECUTIVE LAW, AND HAS RECEIVED A DISCHARGE
OTHER THAN BAD CONDUCT OR DISHONORABLE FROM SUCH SERVICE, or who served
as a United States civilian Flight Crew and Aviation Ground Support
Employee of Pan American World Airways or one of its subsidiaries or its
affiliates and served overseas as a result of Pan American's contract
with Air Transport Command or Naval Air Transport Service during the
period of armed conflict, December fourteenth, nineteen hundred forty-
one through August fourteenth, nineteen hundred forty-five, and who (IV)
was discharged or released therefrom under honorable conditions, OR (V)
HAS A QUALIFYING CONDITION, AS DEFINED IN SECTION THREE HUNDRED FIFTY OF
THE EXECUTIVE LAW, AND HAS RECEIVED A DISCHARGE OTHER THAN BAD CONDUCT
OR DISHONORABLE FROM SUCH SERVICE, OR (VI) IS A DISCHARGED LGBT VETERAN,
AS DEFINED IN SECTION THREE HUNDRED FIFTY OF THE EXECUTIVE LAW, AND HAS
RECEIVED A DISCHARGE OTHER THAN BAD CONDUCT OR DISHONORABLE FROM SUCH
SERVICE; or
§ 60. Subdivision 3 of section 3422 of the public health law, as added
by chapter 854 of the laws of 1971, is amended to read as follows:
3. A candidate who fails to attain a passing grade on his licensing
examination is entitled to a maximum of three re-examinations; provided,
however, that if such candidate fails to attain a passing grade within
three years after completion of his training, he must requalify in
accordance with the provisions of the public health law and rules and
regulations promulgated thereunder existing and in force as of the date
of subsequent application for licensing examination, except that a
satisfactorily completed required course of study need not be recom-
pleted. A candidate inducted into the armed forces of the United States
during or after completion of training may (A) after honorable discharge
OR (B) AFTER A DISCHARGE OTHER THAN BAD CONDUCT OR DISHONORABLE WHERE
THE CANDIDATE (I) HAS A QUALIFYING CONDITION, AS DEFINED IN SECTION
THREE HUNDRED FIFTY OF THE EXECUTIVE LAW, OR (II) IS A DISCHARGED LGBT
VETERAN, AS DEFINED IN SECTION THREE HUNDRED FIFTY OF THE EXECUTIVE LAW,
and upon proper application as required by the department be eligible
for an exemption with respect to time served in such service.
§ 61. Subparagraph 2 of paragraph b of subdivision 1 of section 156 of
the public housing law, as amended by chapter 639 of the laws of 1968,
is amended to read as follows:
(2) (I) have been thereafter discharged or released therefrom under
conditions other than dishonorable, OR (II) HAVE A QUALIFYING CONDITION,
AS DEFINED IN SECTION THREE HUNDRED FIFTY OF THE EXECUTIVE LAW, AND HAVE
RECEIVED A DISCHARGE OTHER THAN BAD CONDUCT OR DISHONORABLE FROM SUCH
SERVICE, OR (III) ARE DISCHARGED LGBT VETERANS, AS DEFINED IN SECTION
THREE HUNDRED FIFTY OF THE EXECUTIVE LAW, AND HAVE RECEIVED A DISCHARGE
OTHER THAN BAD CONDUCT OR DISHONORABLE FROM SUCH SERVICE, or (IV) died
in such service, not more than five years prior to the time of applica-
tion for admission to such project, and
§ 62. Section 63 of the public officers law, as amended by chapter 179
of the laws of 2006, is amended to read as follows:
§ 63. Leave of absence for veterans on Memorial day and Veterans' day.
It shall be the duty of the head of every public department and of every
court of the state of New York, of every superintendent or foreman on
the public works of said state, of the county officers of the several
counties of said state, of the town officers of the various towns in
this state, of the fire district officers of the various fire districts
in this state, and of the head of every department, bureau and office in
the government of the various cities and villages in this state, and the
S. 45--B 34
officers of any public benefit corporation or any public authority of
this state, or of any public benefit corporation or public authority of
any county or subdivision of this state, to give leave of absence with
pay for twenty-four hours on the day prescribed by law as a public holi-
day for the observance of Memorial day and on the eleventh day of Novem-
ber, known as Veterans' day, to every person in the service of the
state, the county, the town, the fire district, the city or village, the
public benefit corporation or public authority of this state, or any
public benefit corporation or public authority of any county or subdivi-
sion of this state, as the case may be, (i) who served on active duty in
the armed forces of the United States during world war I or world war
II, or who was employed by the War Shipping Administration or Office of
Defense Transportation or their agents as a merchant seaman documented
by the United States Coast Guard or Department of Commerce, or as a
civil servant employed by the United States Army Transport Service
(later redesignated as the United States Army Transportation Corps,
Water Division) or the Naval Transportation Service; and who served
satisfactorily as a crew member during the period of armed conflict,
December seventh, nineteen hundred forty-one, to August fifteenth, nine-
teen hundred forty-five, aboard merchant vessels in oceangoing, i.e.,
foreign, intercoastal, or coastwise service as such terms are defined
under federal law (46 USCA 10301 & 10501) and further to include "near
foreign" voyages between the United States and Canada, Mexico, or the
West Indies via ocean routes, or public vessels in oceangoing service or
foreign waters and who has received a Certificate of Release or
Discharge from Active Duty and a discharge certificate, or an Honorable
Service Certificate/Report of Casualty, from the Department of Defense,
or who served as a United States civilian employed by the American Field
Service and served overseas under United States Armies and United States
Army Groups in world war II during the period of armed conflict, Decem-
ber seventh, nineteen hundred forty-one through May eighth, nineteen
hundred forty-five, and who (A) was discharged or released therefrom
under honorable conditions, OR (B) HAS A QUALIFYING CONDITION, AS
DEFINED IN SECTION THREE HUNDRED FIFTY OF THE EXECUTIVE LAW, AND HAS
RECEIVED A DISCHARGE OTHER THAN BAD CONDUCT OR DISHONORABLE FROM SUCH
SERVICE, OR (C) IS A DISCHARGED LGBT VETERAN, AS DEFINED IN SECTION
THREE HUNDRED FIFTY OF THE EXECUTIVE LAW, AND HAS RECEIVED A DISCHARGE
OTHER THAN BAD CONDUCT OR DISHONORABLE FROM SUCH SERVICE or who served
as a United States civilian Flight Crew and Aviation Ground Support
Employee of Pan American World Airways or one of its subsidiaries or its
affiliates and served overseas as a result of Pan American's contract
with Air Transport Command or Naval Air Transport Service during the
period of armed conflict, December fourteenth, nineteen hundred forty-
one through August fourteenth, nineteen hundred forty-five, and who (D)
was discharged or released therefrom under honorable conditions, OR (E)
HAS A QUALIFYING CONDITION, AS DEFINED IN SECTION THREE HUNDRED FIFTY OF
THE EXECUTIVE LAW, AND HAS RECEIVED A DISCHARGE OTHER THAN BAD CONDUCT
OR DISHONORABLE FROM SUCH SERVICE, OR (F) IS A DISCHARGED LGBT VETERAN,
AS DEFINED IN SECTION THREE HUNDRED FIFTY OF THE EXECUTIVE LAW, AND HAS
RECEIVED A DISCHARGE OTHER THAN BAD CONDUCT OR DISHONORABLE FROM SUCH
SERVICE or during the period of the Korean conflict at any time between
the dates of June twenty-seventh, nineteen hundred fifty and January
thirty-first, nineteen hundred fifty-five, or during the period of the
Vietnam conflict from the twenty-eighth day of February, nineteen
hundred sixty-one to the seventh day of May, nineteen hundred seventy-
five, or (ii) who served on active duty in the armed forces of the
S. 45--B 35
United States and who was a recipient of the armed forces expeditionary
medal, navy expeditionary medal or 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-
teen hundred ninety, or (iii) who served in the armed forces of a
foreign country allied with the United States during world war I or
world war II, or during the period of the Korean conflict at any time
between June twenty-seventh, nineteen hundred fifty and January thirty-
first, nineteen hundred fifty-five, or during the period of the Vietnam
conflict from the twenty-eighth day of February, nineteen hundred
sixty-one to the seventh day of May, nineteen hundred seventy-five, or
during the period of the Persian Gulf conflict from the second day of
August, nineteen hundred ninety to the end of such conflict, or who
served on active duty in the army or navy or marine corps or air force
or coast guard of the United States, and who (A) was honorably
discharged or separated from such service under honorable conditions, OR
(B) HAS A QUALIFYING CONDITION, AS DEFINED IN SECTION THREE HUNDRED
FIFTY OF THE EXECUTIVE LAW, AND HAS RECEIVED A DISCHARGE OTHER THAN BAD
CONDUCT OR DISHONORABLE FROM SUCH SERVICE, OR (C) IS A DISCHARGED LGBT
VETERAN, AS DEFINED IN SECTION THREE HUNDRED FIFTY OF THE EXECUTIVE LAW,
AND HAS RECEIVED A DISCHARGE OTHER THAN BAD CONDUCT OR DISHONORABLE FROM
SUCH SERVICE except where such action would endanger the public safety
or the safety or health of persons cared for by the state, in which
event such persons shall be entitled to leave of absence with pay on
another day in lieu thereof. All such persons who are compensated on a
per diem, hourly, semi-monthly or monthly basis, with or without mainte-
nance, shall also be entitled to leave of absence with pay under the
provisions of this section and no deduction in vacation allowance or
budgetary allowable number of working days shall be made in lieu there-
of. A refusal to give such leave of absence to one entitled thereto
shall be neglect of duty.
§ 63. Subdivision 2 of section 458 of the real property tax law, as
amended by chapter 63 of the laws of 1976, is amended to read as
follows:
2. Real property purchased with moneys collected by popular
subscription in partial recognition of extraordinary services rendered
by any [honorably discharged] veteran of world war one, world war two,
or of the hostilities which commenced June twenty-seventh, nineteen
hundred fifty, who (A) WAS HONORABLY DISCHARGED FROM SUCH SERVICE, OR
(B) HAS A QUALIFYING CONDITION, AS DEFINED IN SECTION THREE HUNDRED
FIFTY OF THE EXECUTIVE LAW, AND HAS RECEIVED A DISCHARGE OTHER THAN BAD
CONDUCT OR DISHONORABLE FROM SUCH SERVICE, OR (C) IS A DISCHARGED LGBT
VETERAN, AS DEFINED IN SECTION THREE HUNDRED FIFTY OF THE EXECUTIVE LAW,
AND HAS RECEIVED A DISCHARGE OTHER THAN BAD CONDUCT OR DISHONORABLE FROM
SUCH SERVICE, AND WHO sustained permanent disability while on military
duty, either total or partial, and owned by the person who sustained
such injuries, or by his or her spouse or unremarried surviving spouse,
or dependent father or mother, is subject to taxation as herein
provided. Such property shall be assessed in the same manner as other
real property in the tax district. At the meeting of the assessors to
hear complaints concerning the assessments, a verified application for
the exemption of such real property from taxation may be presented to
them by or on behalf of the owner thereof, which application must show
S. 45--B 36
the facts on which the exemption is claimed, including the amount of
moneys so raised and used in or toward the purchase of such property. No
exemption on account of any such gift shall be allowed in excess of five
thousand dollars. The application for exemption shall be presented and
action thereon taken in the manner provided by subdivision one of this
section. If no application for exemption be granted, the property shall
be subject to taxation for all purposes. The provisions herein, relating
to the assessment and exemption of property purchased with moneys raised
by popular subscription, apply and shall be enforced in each municipal
corporation authorized to levy taxes.
§ 64. Subdivision 4-a of section 458 of the real property tax law, as
amended by chapter 616 of the laws of 1995, is amended to read as
follows:
4-a. For the purposes of this section, the term "military or naval
services" shall be deemed to also include service: (a) by a person who
was employed by the War Shipping Administration or Office of Defense
Transportation or their agents as a merchant seaman documented by the
United States Coast Guard or Department of Commerce, or as a civil serv-
ant employed by the United States Army Transport Service (later redesig-
nated as the United States Army Transportation Corps, Water Division) or
the Naval Transportation Service; and who served satisfactorily as a
crew member during the period of armed conflict, December seventh, nine-
teen hundred forty-one, to August fifteenth, nineteen hundred forty-
five, aboard merchant vessels in oceangoing, i.e., foreign, inter-
coastal, or coastwise service as such terms are defined under federal
law (46 USCA 10301 & 10501) and further to include "near foreign"
voyages between the United States and Canada, Mexico, or the West Indies
via ocean routes, or public vessels in oceangoing service or foreign
waters and who has received a Certificate of Release or Discharge from
Active Duty and a discharge certificate, or an Honorable Service
Certificate/Report of Casualty, from the department of defense; (b)
service by a United States civilian employed by the American Field
Service who served overseas under United States Armies and United States
Army Groups in world war II during the period of armed conflict, Decem-
ber seventh, nineteen hundred forty-one through May eighth, nineteen
hundred forty-five, and who (I) was discharged or released therefrom
under honorable conditions, OR (II) HAS A QUALIFYING CONDITION, AS
DEFINED IN SECTION THREE HUNDRED FIFTY OF THE EXECUTIVE LAW, AND HAS
RECEIVED A DISCHARGE OTHER THAN BAD CONDUCT OR DISHONORABLE FROM SUCH
SERVICE, OR (III) IS A DISCHARGED LGBT VETERAN, AS DEFINED IN SECTION
THREE HUNDRED FIFTY OF THE EXECUTIVE LAW, AND HAS RECEIVED A DISCHARGE
OTHER THAN BAD CONDUCT OR DISHONORABLE FROM SUCH SERVICE; or (c) service
by a United States civilian Flight Crew and Aviation Ground Support
Employee of Pan American World Airways or one of its subsidiaries or its
affiliates who served overseas as a result of Pan American's contract
with Air Transport Command or Naval Air Transport Service during the
period of armed conflict, December fourteenth, nineteen hundred forty-
one through August fourteenth, nineteen hundred forty-five, and who (I)
was discharged or released therefrom under honorable conditions, OR (II)
HAS A QUALIFYING CONDITION, AS DEFINED IN SECTION THREE HUNDRED FIFTY OF
THE EXECUTIVE LAW, AND HAS RECEIVED A DISCHARGE OTHER THAN BAD CONDUCT
OR DISHONORABLE FROM SUCH SERVICE, OR (III) IS A DISCHARGED LGBT VETER-
AN, AS DEFINED IN SECTION THREE HUNDRED FIFTY OF THE EXECUTIVE LAW, AND
HAS RECEIVED A DISCHARGE OTHER THAN BAD CONDUCT OR DISHONORABLE FROM
SUCH SERVICE.
S. 45--B 37
§ 65. Paragraph (e) of subdivision 1 of section 458-a of the real
property tax law, as amended by chapter 384 of the laws of 2008, is
amended to read as follows:
(e) "Veteran" means a person (i) who served in the active military,
naval, or air service during a period of war, or who was a recipient of
the armed forces expeditionary medal, navy expeditionary medal, marine
corps expeditionary medal, or global war on terrorism expeditionary
medal, and who (1) was discharged or released therefrom under honorable
conditions, OR (2) HAS A QUALIFYING CONDITION, AS DEFINED IN SECTION
THREE HUNDRED FIFTY OF THE EXECUTIVE LAW, AND HAS RECEIVED A DISCHARGE
OTHER THAN BAD CONDUCT OR DISHONORABLE FROM SUCH SERVICE, OR (3) IS A
DISCHARGED LGBT VETERAN, AS DEFINED IN SECTION THREE HUNDRED FIFTY OF
THE EXECUTIVE LAW, AND HAS RECEIVED A DISCHARGE OTHER THAN BAD CONDUCT
OR DISHONORABLE FROM SUCH SERVICE, (ii) who was employed by the War
Shipping Administration or Office of Defense Transportation or their
agents as a merchant seaman documented by the United States Coast Guard
or Department of Commerce, or as a civil servant employed by the United
States Army Transport Service (later redesignated as the United States
Army Transportation Corps, Water Division) or the Naval Transportation
Service; and who served satisfactorily as a crew member during the peri-
od of armed conflict, December seventh, nineteen hundred forty-one, to
August fifteenth, nineteen hundred forty-five, aboard merchant vessels
in oceangoing, i.e., foreign, intercoastal, or coastwise service as such
terms are defined under federal law (46 USCA 10301 & 10501) and further
to include "near foreign" voyages between the United States and Canada,
Mexico, or the West Indies via ocean routes, or public vessels in ocean-
going service or foreign waters and who has received a Certificate of
Release or Discharge from Active Duty and a discharge certificate, or an
Honorable Service Certificate/Report of Casualty, from the department of
defense, (iii) who served as a United States civilian employed by the
American Field Service and served overseas under United States Armies
and United States Army Groups in world war II during the period of armed
conflict, December seventh, nineteen hundred forty-one through May
eighth, nineteen hundred forty-five, and who (1) was discharged or
released therefrom under honorable conditions, OR (2) HAS A QUALIFYING
CONDITION, AS DEFINED IN SECTION THREE HUNDRED FIFTY OF THE EXECUTIVE
LAW, AND HAS RECEIVED A DISCHARGE OTHER THAN BAD CONDUCT OR DISHONORABLE
FROM SUCH SERVICE, OR (3) IS A DISCHARGED LGBT VETERAN, AS DEFINED IN
SECTION THREE HUNDRED FIFTY OF THE EXECUTIVE LAW, AND HAS RECEIVED A
DISCHARGE OTHER THAN BAD CONDUCT OR DISHONORABLE FROM SUCH SERVICE, (iv)
who served as a United States civilian Flight Crew and Aviation Ground
Support Employee of Pan American World Airways or one of its subsid-
iaries or its affiliates and served overseas as a result of Pan Ameri-
can's contract with Air Transport Command or Naval Air Transport Service
during the period of armed conflict, December fourteenth, nineteen
hundred forty-one through August fourteenth, nineteen hundred forty-
five, and who (1) was discharged or released therefrom under honorable
conditions, OR (2) HAS A QUALIFYING CONDITION, AS DEFINED IN SECTION
THREE HUNDRED FIFTY OF THE EXECUTIVE LAW, AND HAS RECEIVED A DISCHARGE
OTHER THAN BAD CONDUCT OR DISHONORABLE FROM SUCH SERVICE, OR (3) IS A
DISCHARGED LGBT VETERAN, AS DEFINED IN SECTION THREE HUNDRED FIFTY OF
THE EXECUTIVE LAW, AND HAS RECEIVED A DISCHARGE OTHER THAN BAD CONDUCT
OR DISHONORABLE FROM SUCH SERVICE, or (v) notwithstanding any other
provision of law to the contrary, who are members of the reserve compo-
nents of the armed forces of the United States who (1) received an
honorable discharge or release therefrom under honorable conditions, OR
S. 45--B 38
(2) HAS A QUALIFYING CONDITION, AS DEFINED IN SECTION THREE HUNDRED
FIFTY OF THE EXECUTIVE LAW, AND HAS RECEIVED A DISCHARGE OTHER THAN BAD
CONDUCT OR DISHONORABLE FROM SUCH SERVICE, OR (3) IS A DISCHARGED LGBT
VETERAN, AS DEFINED IN SECTION THREE HUNDRED FIFTY OF THE EXECUTIVE LAW,
AND HAS RECEIVED A DISCHARGE OTHER THAN BAD CONDUCT OR DISHONORABLE FROM
SUCH SERVICE, but are still members of the reserve components of the
armed forces of the United States provided that such members meet all
other qualifications under the provisions of this section.
§ 66. Subdivision 10 of section 458-a of the real property tax law, as
amended by chapter 141 of the laws of 2017, is amended to read as
follows:
10. A county, city, town, village or school district may adopt a local
law or resolution to include those military personnel who served in the
Reserve component of the United States Armed Forces that were deemed on
active duty under Executive Order 11519 signed March twenty-third, nine-
teen hundred seventy, 35 Federal Register 5003, dated March twenty-
fourth, nineteen hundred seventy and later designated by the United
States Department of Defense as Operation Graphic Hand, if such member
(1) was discharged or released therefrom under honorable conditions, OR
(2) HAS A QUALIFYING CONDITION, AS DEFINED IN SECTION THREE HUNDRED
FIFTY OF THE EXECUTIVE LAW, AND HAS RECEIVED A DISCHARGE OTHER THAN BAD
CONDUCT OR DISHONORABLE FROM SUCH SERVICE, OR (3) IS A DISCHARGED LGBT
VETERAN, AS DEFINED IN SECTION THREE HUNDRED FIFTY OF THE EXECUTIVE LAW,
AND HAS RECEIVED A DISCHARGE OTHER THAN BAD CONDUCT OR DISHONORABLE FROM
SUCH SERVICE, provided that such veteran meets all other qualifications
of this section.
§ 67. Paragraph (a) of subdivision 1 of section 458-b of the real
property tax law, as amended by chapter 6 of the laws of 2008, is
amended to read as follows:
(a) "Cold War veteran" means a person, male or female, who served on
active duty in the United States armed forces, during the time period
from September second, nineteen hundred forty-five to December twenty-
sixth, nineteen hundred ninety-one, and (I) was discharged or released
therefrom under honorable conditions, OR (II) HAS A QUALIFYING CONDI-
TION, AS DEFINED IN SECTION THREE HUNDRED FIFTY OF THE EXECUTIVE LAW,
AND HAS RECEIVED A DISCHARGE OTHER THAN BAD CONDUCT OR DISHONORABLE FROM
SUCH SERVICE, OR (III) IS A DISCHARGED LGBT VETERAN, AS DEFINED IN
SECTION THREE HUNDRED FIFTY OF THE EXECUTIVE LAW, AND HAS RECEIVED A
DISCHARGE OTHER THAN BAD CONDUCT OR DISHONORABLE FROM SUCH SERVICE.
§ 68. Subparagraph (v) of paragraph (a) of subdivision 1 of section
122 of the social services law, as amended by chapter 214 of the laws of
1998, is amended to read as follows:
(v) any alien lawfully residing in the state who is on active duty in
the armed forces (other than active duty for training) or who (1) has
received an honorable discharge (and not on account of alienage) from
the armed forces, OR (2) HAS A QUALIFYING CONDITION, AS DEFINED IN
SECTION THREE HUNDRED FIFTY OF THE EXECUTIVE LAW, AND HAS RECEIVED A
DISCHARGE OTHER THAN BAD CONDUCT OR DISHONORABLE (AND NOT ON ACCOUNT OF
ALIENAGE) FROM THE ARMED FORCES, OR (3) IS A DISCHARGED LGBT VETERAN, AS
DEFINED IN SECTION THREE HUNDRED FIFTY OF THE EXECUTIVE LAW, AND HAS
RECEIVED A DISCHARGE OTHER THAN BAD CONDUCT OR DISHONORABLE (AND NOT ON
ACCOUNT OF ALIENAGE) FROM THE ARMED FORCES, or the spouse, unremarried
surviving spouse or unmarried dependent child of any such alien, if such
alien, spouse or dependent child is a qualified alien as defined in
section 431 of the federal personal responsibility and work opportunity
reconciliation act of 1996 (8 U.S. Code 1641), as amended;
S. 45--B 39
§ 69. Subdivision 1 of section 168 of the social services law, as
amended by chapter 467 of the laws of 1991, is amended to read as
follows:
1. Veteran means a person, male or female, who has served in the armed
forces of the United States in time of war, or who was a recipient of
the armed forces expeditionary medal, navy expeditionary medal or marine
corps expeditionary medal for participation in operations in Lebanon
from June first, nineteen hundred eighty-three to December first, nine-
teen hundred eighty-seven, in Grenada from October twenty-third, nine-
teen 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, nineteen hundred ninety, and who
(1) has been honorably discharged or released under honorable circum-
stances from such service or furloughed to the reserve, OR (2) HAS A
QUALIFYING CONDITION, AS DEFINED IN SECTION THREE HUNDRED FIFTY OF THE
EXECUTIVE LAW, AND HAS RECEIVED A DISCHARGE OTHER THAN BAD CONDUCT OR
DISHONORABLE FROM SUCH SERVICE, OR (3) IS A DISCHARGED LGBT VETERAN, AS
DEFINED IN SECTION THREE HUNDRED FIFTY OF THE EXECUTIVE LAW, AND HAS
RECEIVED A DISCHARGE OTHER THAN BAD CONDUCT OR DISHONORABLE FROM SUCH
SERVICE.
§ 70. Paragraph 5 of subdivision 2 of section 168 of the social
services law, as amended by chapter 616 of the laws of 1995, is amended
to read as follows:
(5) World war II; from the seventh day of December, nineteen hundred
forty-one to and including the thirty-first day of December, nineteen
hundred forty-six, or who was employed by the War Shipping Adminis-
tration or Office of Defense Transportation or their agents as a
merchant seaman documented by the United States Coast Guard or Depart-
ment of Commerce, or as a civil servant employed by the United States
Army Transport Service (later redesignated as the United States Army
Transportation Corps, Water Division) or the Naval Transportation
Service; and who served satisfactorily as a crew member during the peri-
od of armed conflict, December seventh, nineteen hundred forty-one, to
August fifteenth, nineteen hundred forty-five, aboard merchant vessels
in oceangoing, i.e., foreign, intercoastal, or coastwise service as such
terms are defined under federal law (46 USCA 10301 & 10501) and further
to include "near foreign" voyages between the United States and Canada,
Mexico, or the West Indies via ocean routes, or public vessels in ocean-
going service or foreign waters and who has received a Certificate of
Release or Discharge from Active Duty and a discharge certificate, or an
Honorable Service Certificate/Report of Casualty, from the Department of
Defense or who served as a United States civilian employed by the Ameri-
can Field Service and served overseas under United States Armies and
United States Army Groups in world war II during the period of armed
conflict, December seventh, nineteen hundred forty-one through May
eighth, nineteen hundred forty-five, and who (I) was discharged or
released therefrom under honorable conditions, OR (II) HAS A QUALIFYING
CONDITION, AS DEFINED IN SECTION THREE HUNDRED FIFTY OF THE EXECUTIVE
LAW, AND HAS RECEIVED A DISCHARGE OTHER THAN BAD CONDUCT OR DISHONORABLE
FROM SUCH SERVICE, OR (III) IS A DISCHARGED LGBT VETERAN, AS DEFINED IN
SECTION THREE HUNDRED FIFTY OF THE EXECUTIVE LAW, AND HAS RECEIVED A
DISCHARGE OTHER THAN BAD CONDUCT OR DISHONORABLE FROM SUCH SERVICE, or
who served as a United States civilian Flight Crew and Aviation Ground
Support Employee of Pan American World Airways or one of its subsid-
iaries or its affiliates and served overseas as a result of Pan Ameri-
can's contract with Air Transport Command or Naval Air Transport Service
S. 45--B 40
during the period of armed conflict, December fourteenth, nineteen
hundred forty-one through August fourteenth, nineteen hundred forty-
five, and who (IV) was discharged or released therefrom under honorable
conditions, OR (V) HAS A QUALIFYING CONDITION, AS DEFINED IN SECTION
THREE HUNDRED FIFTY OF THE EXECUTIVE LAW, AND HAS RECEIVED A DISCHARGE
OTHER THAN BAD CONDUCT OR DISHONORABLE FROM SUCH SERVICE, OR (VI) IS A
DISCHARGED LGBT VETERAN, AS DEFINED IN SECTION THREE HUNDRED FIFTY OF
THE EXECUTIVE LAW, AND HAS RECEIVED A DISCHARGE OTHER THAN BAD CONDUCT
OR DISHONORABLE FROM SUCH SERVICE.
§ 71. Subparagraph 1 of paragraph (b) of subdivision 29 of section
210-B of the tax law, as amended by section 1 of part Q of chapter 59 of
the laws of 2018, is amended to read as follows:
(1) who served on active duty in the United States army, navy, air
force, marine corps, coast guard or the reserves thereof, 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 (I) was released from active duty by general or honorable
discharge after September eleventh, two thousand one, OR (II) HAS A
QUALIFYING CONDITION, AS DEFINED IN SECTION THREE HUNDRED FIFTY OF THE
EXECUTIVE LAW, AND HAS RECEIVED A DISCHARGE OTHER THAN BAD CONDUCT OR
DISHONORABLE FROM SUCH SERVICE AFTER SEPTEMBER ELEVENTH, TWO THOUSAND
ONE, OR (III) IS A DISCHARGED LGBT VETERAN, AS DEFINED IN SECTION THREE
HUNDRED FIFTY OF THE EXECUTIVE LAW, AND HAS RECEIVED A DISCHARGE OTHER
THAN BAD CONDUCT OR DISHONORABLE FROM SUCH SERVICE AFTER SEPTEMBER ELEV-
ENTH, TWO THOUSAND ONE;
§ 72. Subparagraph (A) of paragraph 2 of subsection (a-2) of section
606 of the tax law, as amended by section 2 of part Q of chapter 59 of
the laws of 2018, is amended to read as follows:
(A) who served on active duty in the United States army, navy, air
force, marine corps, coast guard or the reserves thereof, 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 (I) was released from active duty by general or honorable
discharge after September eleventh, two thousand one, OR (II) HAS A
QUALIFYING CONDITION, AS DEFINED IN SECTION THREE HUNDRED FIFTY OF THE
EXECUTIVE LAW, AND HAS RECEIVED A DISCHARGE OTHER THAN BAD CONDUCT OR
DISHONORABLE FROM SUCH SERVICE AFTER SEPTEMBER ELEVENTH, TWO THOUSAND
ONE, OR (III) IS A DISCHARGED LGBT VETERAN, AS DEFINED IN SECTION THREE
HUNDRED FIFTY OF THE EXECUTIVE LAW, AND HAS RECEIVED A DISCHARGE OTHER
THAN BAD CONDUCT OR DISHONORABLE FROM SUCH SERVICE AFTER SEPTEMBER ELEV-
ENTH, TWO THOUSAND ONE;
§ 73. Subparagraph (A) of paragraph 2 of subsection (g-1) of section
1511 of the tax law, as amended by section 3 of part Q of chapter 59 of
the laws of 2018, is amended to read as follows:
(A) who served on active duty in the United States army, navy, air
force, marine corps, coast guard or the reserves thereof, 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 (I) was released from active duty by general or honorable
discharge after September eleventh, two thousand one, OR (II) HAS A
QUALIFYING CONDITION, AS DEFINED IN SECTION THREE HUNDRED FIFTY OF THE
EXECUTIVE LAW, AND HAS RECEIVED A DISCHARGE OTHER THAN BAD CONDUCT OR
DISHONORABLE FROM SUCH SERVICE AFTER SEPTEMBER ELEVENTH, TWO THOUSAND
ONE, OR (III) IS A DISCHARGED LGBT VETERAN, AS DEFINED IN SECTION THREE
HUNDRED FIFTY OF THE EXECUTIVE LAW, AND HAS RECEIVED A DISCHARGE OTHER
S. 45--B 41
THAN BAD CONDUCT OR DISHONORABLE FROM SUCH SERVICE AFTER SEPTEMBER ELEV-
ENTH, TWO THOUSAND ONE;
§ 74. Section 295 of the town law, as amended by chapter 658 of the
laws of 2004, is amended to read as follows:
§ 295. Removal of remains of deceased members of armed forces. Upon a
verified petition presented to a judge of a court of record by any armed
forces' organization in any town or city in this state by a majority of
its officers, or a majority of any memorial committee in any town or
city where there are two or more veteran armed forces' organizations, or
in towns or cities where there are no veteran armed forces' organiza-
tions, upon the petition of five or more veterans of the armed forces,
the judge to whom said verified petition is presented shall make an
order to show cause, returnable before him at a time and place within
the county in not less than fourteen or more than twenty days from the
date of presentation of said petition, why the remains of any deceased
members of the armed forces buried in potter's field, or in any
neglected or abandoned cemeteries, should not be removed to and rein-
terred in a properly kept incorporated cemetery in the same town or city
or in a town adjoining the town or city in which the remains of a
deceased member of the armed forces are buried, and to fix the amount of
the expenses for such removal and reinterment, and the order to show
cause shall provide for its publication in a newspaper, to be designated
in the order, which is published nearest to the cemetery from which the
removal is sought to be made, once in each week for two successive
weeks. The verified petition presented to the judge shall show that the
petitioners are a majority of the officers of a veteran armed forces
organization, or a majority of a memorial committee in towns or cities
where two or more veteran armed forces organizations exist, or that the
petitioners are honorably discharged veterans of the armed forces in
towns or cities where no veteran armed forces organization exists, OR
THAT THE PETITIONERS HAVE A QUALIFYING CONDITION, AS DEFINED IN SECTION
THREE HUNDRED FIFTY OF THE EXECUTIVE LAW, AND RECEIVED A DISCHARGE OTHER
THAN BAD CONDUCT OR DISHONORABLE FROM SUCH SERVICE AND ARE IN TOWNS OR
CITIES WHERE NO VETERAN ARMED FORCES ORGANIZATIONS EXIST, OR THAT THE
PETITIONERS ARE DISCHARGED LGBT VETERANS, AS DEFINED IN SECTION THREE
HUNDRED FIFTY OF THE EXECUTIVE LAW, AND RECEIVED A DISCHARGE OTHER THAN
BAD CONDUCT OR DISHONORABLE FROM SUCH SERVICE AND ARE IN TOWNS AND
CITIES WHERE NO VETERAN ARMED FORCES ORGANIZATIONS EXIST, and (1) the
name of the deceased member or members of the armed forces, whose
remains are sought to be removed, and if known the unit in which he or
they served; (2) the name and location of the cemetery in which he is
interred and from which removal is asked to be made; (3) the name and
location of the incorporated cemetery to which the remains are desired
to be removed and reinterred; (4) the facts showing the reasons for such
removal. Upon the return day of the order to show cause and at the time
and place fixed in said order, upon filing proof of publication of the
order to show cause with the judge, if no objection is made thereto, he
shall make an order directing the removal of the remains of said
deceased member or members of the armed forces to the cemetery desig-
nated in the petition within the town or city or within a town adjoining
the town or city in which the remains are then buried and shall specify
in the order the amount of the expenses of such removal, which expenses
of removal and reinterment, including the expense of the proceeding
under this section, shall be a charge upon the county in which the town
or city is situated from which the removal is made and such expenses
shall be a county charge and audited by the board of supervisors of the
S. 45--B 42
county and paid in the same manner as other county charges. On and after
the removal and reinterment of the remains of the deceased member or
members of the armed forces in the armed forces' plot, the expenses for
annual care of the grave in the armed forces' burial plot to which the
removal is made shall be annually provided by the town or city in which
the remains were originally buried, at the rate of not to exceed twenty
dollars per grave, and shall be paid annually to the incorporated ceme-
tery association to which the remains of each deceased member of the
armed forces may be removed and reinterred. The petition and order shall
be filed in the county clerk's office of the county in which the remains
of the deceased member of the armed forces were originally interred, and
the service of a certified copy of the final order upon the cemetery
association shall be made prior to any removal. Any relative of the
deceased member or members of the armed forces, or the officer of any
cemetery association in which the remains of the deceased member or
members of the armed forces were originally interred, or the authorities
of the county in which the member or members of the armed forces were
originally buried, may oppose the granting of said order and the judge
shall summarily hear the statement of the parties and make such order as
the justice and equity of the application shall require. Any headstone
or monument which marks the grave of the deceased member of the armed
forces shall be removed and reset at the grave in the cemetery in which
the removal is permitted to be made and in each case the final order
shall provide the amount of the expenses of such removals and reinter-
ment and resetting of the headstone or monument, including the expenses
of the proceedings under this section; except that where provision is
otherwise made for the purchase or erection of a new headstone, monument
or marker at the grave in the cemetery to which such removal is permit-
ted, such old headstone or monument need not be so removed and reset, in
which case such final order shall not provide for the expense of reset-
ting. The order shall designate the person or persons having charge of
the removals and reinterments. Upon completion of the removal, reinter-
ment and resetting of the headstones or monuments, the person or persons
having charge of the same shall make a verified report of the removal,
reinterment and resetting of the headstone or monument and file the
report in the clerk's office of the proper county. The words "member of
the armed forces" shall be construed to mean [an honorably discharged] A
member of the armed forces who served in the armed forces of the United
States AND WHO (5) WAS HONORABLY DISCHARGED FROM SUCH SERVICE, OR (6)
HAS A QUALIFYING CONDITION, AS DEFINED IN SECTION THREE HUNDRED FIFTY OF
THE EXECUTIVE LAW, AND HAS RECEIVED A DISCHARGE OTHER THAN BAD CONDUCT
OR DISHONORABLE FROM SUCH SERVICE, OR (7) IS A DISCHARGED LGBT VETERAN,
AS DEFINED IN SECTION THREE HUNDRED FIFTY OF THE EXECUTIVE LAW, AND HAS
RECEIVED A DISCHARGE OTHER THAN BAD CONDUCT OR DISHONORABLE FROM SUCH
SERVICE, and the words "armed forces plot" shall be construed to mean a
plot of land in any incorporated cemetery set apart to be exclusively
used as a place for interring the remains of deceased veterans of the
armed forces of the United States.
§ 75. Section 404-v of the vehicle and traffic law, as added by chap-
ter 389 of the laws of 2004, is amended to read as follows:
§ 404-v. Distinctive plates for the United States Naval Armed Guard.
1. Any [honorably discharged] member of the United States Naval Armed
Guard residing in this state shall, upon request, be issued a license
plate bearing the words "United States Naval Armed Guard", or such other
phrase as the commissioner shall designate showing the registrant served
in the United States Naval Armed Guard. Application for such license
S. 45--B 43
plate shall be filed with the commissioner in such form and detail as
the commissioner shall prescribe.
2. The distinctive plate authorized pursuant to this section shall be
issued upon proof, satisfactory to the commissioner, that the applicant
is [an honorably discharged] A veteran who served in the United States
Naval Armed Guard AND WHO (1) WAS HONORABLY DISCHARGED FROM SUCH
SERVICE, OR (2) HAS A QUALIFYING CONDITION, AS DEFINED IN SECTION THREE
HUNDRED FIFTY OF THE EXECUTIVE LAW, AND HAS RECEIVED A DISCHARGE OTHER
THAN BAD CONDUCT OR DISHONORABLE FROM SUCH SERVICE, OR (3) IS A
DISCHARGED LGBT VETERAN, AS DEFINED IN SECTION THREE HUNDRED FIFTY OF
THE EXECUTIVE LAW, AND HAS RECEIVED A DISCHARGE OTHER THAN BAD CONDUCT
OR DISHONORABLE FROM SUCH SERVICE.
3. A distinctive plate issued pursuant to this section shall be issued
in the same manner as other number plates upon payment of the regular
registration fee prescribed by section four hundred one of this article,
provided, however, that an additional one-time service charge of ten
dollars shall be charged for such plate. Provided, however, that one
year after the effective date of this section funds in the amount of
five thousand dollars, or so much thereof as may be available, shall be
allocated from such funds to the department to offset costs associated
with the production of such license plates.
§ 76. Subdivision 1 of section 404-w of the vehicle and traffic law,
as added by chapter 105 of the laws of 2005, is amended to read as
follows:
1. Any war on terror veteran residing in this state shall, upon
request, be issued a license plate bearing the words "War on Terror
veteran". Application for said license plate shall be filed with the
commissioner in such form and detail as the commissioner shall
prescribe. For purposes of this section, a "war on terror" veteran shall
mean:
(a) a person who served in the armed forces of the United States in
the hostilities that occurred in the Persian Gulf from the eleventh day
of September, two thousand one, to the end of such hostilities, who (I)
was discharged therefrom under other than dishonorable conditions, OR
(II) HAS A QUALIFYING CONDITION, AS DEFINED IN SECTION THREE HUNDRED
FIFTY OF THE EXECUTIVE LAW, AND HAS RECEIVED A DISCHARGE OTHER THAN BAD
CONDUCT OR DISHONORABLE FROM SUCH SERVICE, OR (III) IS A DISCHARGED LGBT
VETERAN, AS DEFINED IN SECTION THREE HUNDRED FIFTY OF THE EXECUTIVE LAW,
AND HAS RECEIVED A DISCHARGE OTHER THAN BAD CONDUCT OR DISHONORABLE FROM
SUCH SERVICE; or
(b) a person who served in the armed forces of the United States in
the hostilities that occurred in Afghanistan from the eleventh day of
September, two thousand one, to the end of such hostilities, who (I) was
discharged therefrom under other than dishonorable conditions, OR (II)
HAS A QUALIFYING CONDITION, AS DEFINED IN SECTION THREE HUNDRED FIFTY OF
THE EXECUTIVE LAW, AND HAS RECEIVED A DISCHARGE OTHER THAN BAD CONDUCT
OR DISHONORABLE FROM SUCH SERVICE, OR (III) IS A DISCHARGED LGBT VETER-
AN, AS DEFINED IN SECTION THREE HUNDRED FIFTY OF THE EXECUTIVE LAW, AND
HAS RECEIVED A DISCHARGE OTHER THAN BAD CONDUCT OR DISHONORABLE FROM
SUCH SERVICE.
§ 77. Subdivision 3 of section 404-w of the vehicle and traffic law,
as added by chapter 493 of the laws of 2005, is amended to read as
follows:
3. For the purposes of this section, "Persian Gulf veteran" shall mean
a person who is a resident of this state, who served in the armed forces
of the United States in the hostilities that occurred in the Persian
S. 45--B 44
Gulf from the second day of August, nineteen hundred ninety to the end
of such hostilities, and [were] WAS (A) honorably discharged from the
military, OR (B) HAS A QUALIFYING CONDITION, AS DEFINED IN SECTION THREE
HUNDRED FIFTY OF THE EXECUTIVE LAW, AND HAS RECEIVED A DISCHARGE OTHER
THAN BAD CONDUCT OR DISHONORABLE FROM SUCH SERVICE, OR (C) IS A
DISCHARGED LGBT VETERAN, AS DEFINED IN SECTION THREE HUNDRED FIFTY OF
THE EXECUTIVE LAW, AND HAS RECEIVED A DISCHARGE OTHER THAN BAD CONDUCT
OR DISHONORABLE FROM SUCH SERVICE.
§ 78. Subdivision 3 of section 404-y of the vehicle and traffic law,
as added by chapter 107 of the laws of 2017, is amended to read as
follows:
3. For the purposes of this section, the following terms shall have
the following meanings:
(a) "Veteran of the Iraq War" shall mean a person who is a resident of
this state, who served in the armed forces of the United States in the
hostilities that occurred in Iraq from the sixteenth day of October, two
thousand two to the end of such hostilities who (I) was discharged ther-
efrom under other than dishonorable conditions OR (II) HAS A QUALIFYING
CONDITION, AS DEFINED IN SECTION THREE HUNDRED FIFTY OF THE EXECUTIVE
LAW, AND HAS RECEIVED A DISCHARGE OTHER THAN BAD CONDUCT OR DISHONORABLE
FROM SUCH SERVICE, OR (III) IS A DISCHARGED LGBT VETERAN, AS DEFINED IN
SECTION THREE HUNDRED FIFTY OF THE EXECUTIVE LAW, AND HAS RECEIVED A
DISCHARGE OTHER THAN BAD CONDUCT OR DISHONORABLE FROM SUCH SERVICE; and
(b) "Veteran of the Afghanistan War" shall mean a person who is a
resident of this state, who served in the armed forces of the United
States in the hostilities that occurred in Afghanistan from the seventh
day of October, two thousand one to the end of such hostilities who (I)
was discharged therefrom under other than dishonorable conditions OR
(II) HAS A QUALIFYING CONDITION, AS DEFINED IN SECTION THREE HUNDRED
FIFTY OF THE EXECUTIVE LAW, AND HAS RECEIVED A DISCHARGE OTHER THAN BAD
CONDUCT OR DISHONORABLE FROM SUCH SERVICE, OR (III) IS A DISCHARGED LGBT
VETERAN, AS DEFINED IN SECTION THREE HUNDRED FIFTY OF THE EXECUTIVE LAW,
AND HAS RECEIVED A DISCHARGE OTHER THAN BAD CONDUCT OR DISHONORABLE FROM
SUCH SERVICE.
§ 79. Paragraph (b) of subdivision 3 of section 490 of the vehicle and
traffic law, as amended by chapter 429 of the laws of 2014, is amended
to read as follows:
(b) The identification card shall contain a distinguishing number or
mark and adequate space upon which an anatomical gift, pursuant to arti-
cle forty-three of the public health law, by the holder may be recorded
and shall contain such other information and shall be issued in such
form as the commissioner shall determine; provided, however, every iden-
tification card or renewal thereof issued to a person under the age of
twenty-one years shall have prominently imprinted thereon the statement
"UNDER 21 YEARS OF AGE" in notably distinctive print or format.
Provided, further, however, that every identification card issued to an
applicant who was a member of the armed forces of the United States and
(I) received an honorable discharge or was released therefrom under
honorable conditions, OR (II) HAS A QUALIFYING CONDITION, AS DEFINED IN
SECTION THREE HUNDRED FIFTY OF THE EXECUTIVE LAW, AND HAS RECEIVED A
DISCHARGE OTHER THAN BAD CONDUCT OR DISHONORABLE FROM SUCH SERVICE, OR
(III) IS A DISCHARGED LGBT VETERAN, AS DEFINED IN SECTION THREE HUNDRED
FIFTY OF THE EXECUTIVE LAW, AND HAS RECEIVED A DISCHARGE OTHER THAN BAD
CONDUCT OR DISHONORABLE FROM SUCH SERVICE, shall, upon his or her
request and submission of proof as set forth herein, contain a distin-
guishing mark, in such form as the commissioner shall determine, indi-
S. 45--B 45
cating that he or she is a veteran. Such proof shall consist of a
certificate of release or discharge from active duty including but not
limited to a DD Form 214 or other proof satisfactory to the commission-
er. The commissioner shall not require fees for the issuance of such
identification cards or renewals thereof to persons under twenty-one
years of age which are different from the fees required for the issuance
of identification cards or renewals thereof to persons twenty-one years
of age or over, nor fees to persons requesting a veteran distinguishing
mark which are different from fees that would otherwise be required.
Provided, however, that notwithstanding the provisions of section four
hundred ninety-one of this article, the commissioner shall not require
any fees for the duplication or amendment of an identification card
prior to its renewal if such duplication or amendment was solely for the
purpose of adding a veteran distinguishing mark to such identification
card.
§ 80. Paragraph (a-1) of subdivision 1 of section 504 of the vehicle
and traffic law, as amended by chapter 429 of the laws of 2014, is
amended to read as follows:
(a-1) Every license or renewal thereof issued to an applicant who was
a member of the armed forces of the United States and WHO (I) received
an honorable discharge or was released therefrom under honorable condi-
tions, OR (II) HAS A QUALIFYING CONDITION, AS DEFINED IN SECTION THREE
HUNDRED FIFTY OF THE EXECUTIVE LAW, AND HAS RECEIVED A DISCHARGE OTHER
THAN BAD CONDUCT OR DISHONORABLE FROM SUCH SERVICE, OR (III) IS A
DISCHARGED LGBT VETERAN, AS DEFINED IN SECTION THREE HUNDRED FIFTY OF
THE EXECUTIVE LAW, AND HAS RECEIVED A DISCHARGE OTHER THAN BAD CONDUCT
OR DISHONORABLE FROM SUCH SERVICE, shall, upon his or her request and
submission of proof as set forth herein, contain a distinguishing mark,
in such form as the commissioner shall determine, indicating that he or
she is a veteran. Such proof shall consist of a certificate of release
or discharge from active duty including but not limited to a DD Form 214
or other proof satisfactory to the commissioner. The commissioner shall
not require fees for the issuance of such licenses or renewals thereof
to persons requesting a veteran distinguishing mark which are different
from fees otherwise required; provided, however, that notwithstanding
the provisions of this section, the commissioner shall not require fees
for a duplication or amendment of a license prior to its renewal if such
duplication or amendment was solely for the purpose of adding a veteran
distinguishing mark to such license.
§ 81. Paragraph (a) of subdivision 8 of section 15 of the workers'
compensation law, as amended by chapter 635 of the laws of 1996, is
amended to read as follows:
(a) Declaration of policy and legislative intent. As a guide to the
interpretation and application of this subdivision, the policy and
intent of this legislature is declared to be as follows:
First: That every person in this state who works for a living is enti-
tled to reasonable opportunity to maintain his independence and self-
respect through self-support even after he/she has been physically hand-
icapped by injury or disease;
Second: That any plan which will reasonably, equitably and practically
operate to break down hindrances and remove obstacles to the employment
of partially disabled persons WHO (I) ARE honorably discharged from our
armed forces, OR (II) HAVE A QUALIFYING CONDITION, AS DEFINED IN SECTION
THREE HUNDRED FIFTY OF THE EXECUTIVE LAW, AND RECEIVED A DISCHARGE OTHER
THAN BAD CONDUCT OR DISHONORABLE FROM SUCH SERVICE, OR (III) ARE
DISCHARGED LGBT VETERANS, AS DEFINED IN SECTION THREE HUNDRED FIFTY OF
S. 45--B 46
THE EXECUTIVE LAW, AND RECEIVED A DISCHARGE OTHER THAN BAD CONDUCT OR
DISHONORABLE FROM SUCH SERVICE, or any other physically handicapped
persons, is of vital importance to the state and its people and is of
concern to this legislature;
Third: That it is the considered judgment of this legislature that the
system embodied in this subdivision, which makes a logical and equitable
adjustment of the liability under the workers' compensation law which an
employer must assume in hiring employees, constitutes a practical and
reasonable approach to a solution of the problem for the employment of
physically handicapped persons.
Moreover, because of the insidious nature of slowly developing
diseases such as silicosis and other dust diseases and because of the
reluctance on the part of employers to employ persons previously exposed
to silica or other harmful dust, means should also be provided whereby
employers will be encouraged to employ and to continue the employment of
such persons, by apportioning liability fairly between the employer and
industry as a whole without at the same time removing any incentive for
the prevention of harmful dust diseases.
§ 82. This act shall take effect one year after it shall have become a
law; provided, however that the amendments to subdivision 7 of section
369-h of the executive law made by section twenty-five of this act shall
not affect the repeal of such section and shall be deemed repealed ther-
ewith. Effective immediately, the addition, amendment and/or repeal of
any rule or regulation necessary for the implementation of this act on
its effective date are authorized to be made and completed on or before
such effective date.
