LBD09383-03-1
A. 7606 2
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-
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.
§ 2. Subdivisions 3, 4, and 9 of section 350 of the executive law,
subdivision 9 as added by chapter 490 of the laws of 2019, are amended
and five new subdivisions 10, 11, 12, 13 and 14 are added to read as
follows:
3. The term "veteran" means a person, [male or female, resident of
this state,] who has served in the active military [or], naval, OR AIR
service of the United States [during a war in which the United States
engaged] and who [has been released from such service otherwise than by
dishonorable discharge,] or [who has been furloughed to the reserve] WAS
DISCHARGED OR RELEASED THEREFROM UNDER CONDITIONS OTHER THAN DISHONOR-
ABLE.
4. The term "armed forces" means the [military and naval forces of the
United States] ARMY, NAVY, AIR FORCE, MARINE CORPS, SPACE FORCE AND
COAST GUARD.
9. The term "discharged LGBT veteran" means a veteran who was
discharged less than honorably from military [or] naval OR AIR service
due to their sexual orientation or gender identity or expression, as
those terms are defined in section two hundred ninety-two of this chap-
ter, or statements, consensual sexual conduct, or consensual acts relat-
ing to sexual orientation, gender identity or expression, or the disclo-
sure of such statements, conduct, or acts, that were prohibited by the
military [or], naval OR AIR service at the time of discharge. The divi-
sion shall establish a consistent and uniform process to determine
whether a veteran qualifies as a discharged LGBT veteran under this
subdivision, including, at a minimum, standards for verifying a veter-
an's status as a discharged LGBT veteran, and a method of demonstrating
eligibility as a discharged LGBT veteran.
A. 7606 3
10. THE TERM "DISCHARGE OR RELEASE" INCLUDES: (A) RETIREMENT FROM THE
ACTIVE MILITARY, NAVAL, OR AIR SERVICE; AND (B) THE SATISFACTORY
COMPLETION OF THE PERIOD OF ACTIVE MILITARY, NAVAL, OR AIR SERVICE FOR
WHICH A PERSON WAS OBLIGATED AT THE TIME OF THE ENTRY INTO SUCH SERVICE
IN THE CASE OF A PERSON, WHO DUE TO THE ENLISTMENT OR RE-ENLISTMENT WAS
NOT AWARDED A DISCHARGE OR RELEASE FROM SUCH PERIOD OF SERVICE AT THE
TIME OF SUCH COMPLETION THEREOF AND WHO, AT SUCH TIME, WOULD OTHERWISE
HAVE BEEN ELIGIBLE FOR THE AWARD OF DISCHARGE OR RELEASED UNDER CONDI-
TIONS OTHER THAN DISHONORABLE.
11. THE TERM "ACTIVE DUTY" MEANS: (A) A FULL-TIME DUTY IN THE ARMED
FORCES OTHER THAN ACTIVE DUTY FOR TRAINING; OR (B) FULL-TIME DUTY (OTHER
THAN FOR TRAINING PURPOSES) AS A COMMISSIONED OFFICER OF THE REGULAR OR
RESERVE CORPS OF THE PUBLIC HEALTH SERVICE; OR (C) FULL-TIME DUTY AS A
COMMISSIONED OFFICER OF THE NATIONAL OCEANIC AND ATMOSPHERIC ADMINIS-
TRATION OR ITS PREDECESSOR ORGANIZATION; OR (D) SERVICE AS A CADET AT
THE UNITED STATES MILITARY, AIR FORCE OR COAST GUARD ACADEMY OR AS A
MIDSHIPMAN AT THE UNITED STATES NAVAL ACADEMY IN CASES WHERE SUCH CADET
OR MIDSHIPMAN COMPLETED THE COURSE OF STUDY; OR (E) AUTHORIZED TRAVEL TO
OR FROM SUCH DUTY OR SERVICE.
12. THE TERM "RESERVE" MEANS A MEMBER OF A RESERVE COMPONENT OF THE
ARMED FORCES.
13. THE TERM "RESERVE COMPONENT" MEANS WITH RESPECT OF THE ARMED FORC-
ES: (A) THE ARMY RESERVE; (B) THE NAVY RESERVE; (C) THE MARINE CORPS
RESERVE; (D) THE AIR FORCE RESERVE; (E) THE COAST GUARD RESERVE; (F) THE
ARMY NATIONAL GUARD OF THE UNITED STATES; AND (G) THE AIR NATIONAL GUARD
OF THE UNITED STATES.
14. THE TERM "UNIFORMED SERVICES" MEANS: (A) THE ARMED FORCES; (B) THE
COMMISSIONED CORPS OF THE NATIONAL OCEANIC AND ATMOSPHERIC ADMINIS-
TRATION; AND (C) THE COMMISSIONED CORPS OF THE UNITED STATES PUBLIC
HEALTH SERVICE.
§ 3. Subdivision 3 of section 369-b of the executive law, as added by
chapter 557 of the laws of 2013, is amended to read as follows:
3. "Veteran" shall mean an individual who served on active duty in the
United States army, navy, marine corps, air force, SPACE FORCE, coast
guard or the reserves component, 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 was
released from such service otherwise then by dishonorable discharge
after September eleventh, two thousand one.
§ 4. Subdivisions 5 and 7 of section 369-h of the executive law,
subdivision 5 as added by chapter 22 of the laws of 2014 and subdivision
7 as amended by chapter 490 of the laws of 2019, are amended to read as
follows:
5. "Service-disabled veteran" shall mean (a) in the case of the United
States army, navy, air force, SPACE FORCE, marines, coast guard, army
national guard or air national guard and/or reserves thereof, a veteran
who received a compensation rating of ten percent or greater from the
United States department of veterans affairs or from the United States
department of defense because of a service-connected disability incurred
in the line of duty, and (b) in the case of the New York guard or the
New York naval militia and/or reserves thereof, a veteran who certifies,
pursuant to the rules and regulations promulgated by the director, to
having incurred an injury equivalent to a compensation rating of ten
percent or greater from the United States department of veterans affairs
or from the United States department of defense because of a service-
connected disability incurred in the line of duty.
A. 7606 4
7. "Veteran" shall mean a person who served in the United States army,
navy, air force, SPACE 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 qualify-
ing condition, as defined in section three hundred fifty of this chap-
ter, 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.
§ 5. Paragraph (a) of subdivision 3 of section 365 of the executive
law, as added by section 5 of part W of chapter 57 of the laws of 2013,
is amended to read as follows:
(a) For each New York state veterans cemetery there shall be a manage-
ment board. Each such management board shall consist of nine members,
including the director of the division who shall serve as chair, and
four members, appointed by the governor. Of such four members, not fewer
than two shall be a veteran of the United States army, the United States
navy, the United States air force, THE UNITED STATES SPACE FORCE, the
United States marines, the New York army national guard, the New York
air national guard, the New York naval militia, or a member who has
served in a theater of combat operations of the United States coast
guard or the United States merchant marine. Two members shall be
appointed by the temporary president of the senate, and two members
shall be appointed by the speaker of the state assembly. At least one of
the members appointed by the temporary president of the senate and at
least one of the members appointed by the speaker of the assembly shall
be a veteran of the United States army, the United States navy, the
United States air force, the United States marines, the New York army
national guard, the New York air national guard, the New York naval
militia, or a member who has served in a theater of combat operations of
the United States coast guard or the United States merchant marine. No
member shall receive any compensation for his or her service, but
members who are not state officials may be reimbursed for their actual
and necessary expenses, including travel expenses incurred in perform-
ance of their duties. The management board may consult with any federal,
state or local entity for the purposes of advancing its purposes,
mission and duties.
§ 6. Subdivision 18 of section 3302 of the education law, as added by
section 1 of part A of chapter 328 of the laws of 2014, is amended to
read as follows:
18. "Uniformed service" or "uniformed services" means the Army, Navy,
Air Force, SPACE FORCE, Marine Corps, Coast Guard as well as the Commis-
sioned Corps of the National Oceanic and Atmospheric Administration, and
Public Health Services.
§ 7. Subdivision 1 of section 10-102 of the election law, as amended
by chapter 104 of the laws of 2010, is amended to read as follows:
1. "Military service" means the military service of the state, or of
the United States, including the army, navy, marine corps, air force,
SPACE FORCE, coast guard, merchant marine and all components thereof,
and the coast and geodetic survey, the public health service, the
national guard when in the service of the United States pursuant to call
as provided by law, and the cadets or midshipmen of the United States
Military Academy, United States Naval Academy, United States Air Force
Academy and United States Coast Guard Academy.
A. 7606 5
§ 8. Subsection (a) of section 3435-a of the insurance law, as amended
by chapter 416 of the laws of 1996, is amended to read as follows:
(a) Insurers shall be prohibited from refusing to issue a motor vehi-
cle liability insurance policy to any person with a valid New York state
driver's license which has been maintained by such person for at least
thirty-nine months prior to the time of application for such policy of
insurance solely on the basis that such person has not owned or leased a
vehicle during such period, unless such decision is based on sound
underwriting and actuarial principles reasonably related to actual or
anticipated loss experience. Provided, however, that an applicant demon-
strating a continuous, valid out-of-state or out-of-country driver's
license during such thirty-nine month period due to active service in
the United States army, navy, air force, SPACE FORCE or marines shall be
treated as if continuous licensing had been maintained in New York and
such person shall not be rejected based solely on the fact that he or
she served in the military.
§ 9. Subdivisions 3, 4, and 8 of section 1 of the military law, as
amended by section 112 of the laws of 1989, are amended to read as
follows:
3. The terms "military" and "military and naval" shall mean army or
land, air or air force, SPACE FORCE and navy or naval.
4. The terms "military or naval" and "military (including air) or
naval" shall mean army or land, air or air force, SPACE FORCE or navy or
naval.
8. The terms "active military service of the United States" and "in
the armed forces of the United States" shall mean full time duty in the
army, navy [(including], marine corps[)], air force, SPACE FORCE or
coast guard of the United States.
§ 10. Paragraph a and subparagraph 2 of paragraph b of subdivision 1
of section 214 of the military law, paragraph a as added by chapter 853
of the laws of 1953 and subparagraph 2 of paragraph b as amended by
chapter 625 of the laws of 1965, are amended to read as follows:
a. has been a commissioned officer in active service for at least
twenty years in the organized militia of the state of New York or in the
army, air force, SPACE FORCE, navy or marine corps of the United States
for at least twenty years and
(2) for ten consecutive years of such service immediately preceding
his retirement and transfer to the state retired list as provided in
this chapter, if he has had actual combat experience in time of war
while in the army, air force, SPACE FORCE, navy or marine corps of the
United States or if he has served on the active list of a force or forc-
es of the organized militia for at least ten years as an enlisted man
and at least thirty years as a commissioned officer, shall receive annu-
ally from the date of his retirement and transfer to the state retired
list as provided in this chapter and during the time he remains on the
state retired list seventy-five per centum of the highest annual rate of
compensation paid to him by the state for the performance of military or
naval duty.
§ 11. Subdivision 3 of section 1271 of the private housing finance
law, as amended by chapter 490 of the laws of 2019, 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, SPACE 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 component of the armed forces of the United States or (c)
A. 7606 6
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.
§ 12. Subdivision 17 of section 243 of the military law, as amended by
chapter 312 of the laws of 1993, is amended to read as follows:
17. Certificates as to service. A certificate signed by the commander,
total army personnel center as to persons in the army or in any branch
of the United States service while serving pursuant to law with the army
of the United States, signed by the commander, naval military personnel
as to persons in the United States service while serving pursuant to law
with the United States navy, and signed by the commandant, United States
marine corps, as to persons in the marine corps, or in any other branch
of the United States service while serving pursuant to law with the
marine corps, signed by the chief, air force military personnel center
as to persons in the United States service while serving pursuant to law
with the United States air force, SPACE FORCE PERSONNEL CENTER AS TO
PERSONS IN THE SPACE FORCE OR IN ANY OTHER BRANCH OF THE UNITED STATES
SERVICE WHILE SERVING PURSUANT TO LAW WITH THE SPACE FORCE OF THE UNITED
STATES, or signed by an officer designated by any of them, respectively,
for the purpose, shall when produced be prima facie evidence as to any
of the following facts stated in such certificate: That a person named
has not been, or is, or has been in military service; the time when and
the place where such person entered military service, his residence at
that time, and the rank, branch, and unit of such service that he
entered, the dates within which he was in military service, the monthly
pay received by such person at the date of issuing the certificate, the
time when and the place where such person died in or was discharged from
such service. It is the duty of the foregoing officers to furnish such
certificate on application, and any such certificate when purporting to
be signed by any one of such officers, or by any person purporting upon
the face of the certificate to have been so authorized, shall be prima
facie evidence of its contents and of the authority of the signer to
issue the same.
§ 13. Section 63 of the public officers law, as amended by chapter 490
of the laws of 2019, 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
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
A. 7606 7
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
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-
A. 7606 8
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 SPACE 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 endan-
ger 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 maintenance, shall also be entitled to leave of absence
with pay under the provisions of this section and no deduction in vaca-
tion allowance or budgetary allowable number of working days shall be
made in lieu thereof. A refusal to give such leave of absence to one
entitled thereto shall be neglect of duty.
§ 14. Subparagraph 1 of paragraph b of subdivision 29 of section 210-B
of the tax law, as amended by chapter 490 of the laws of 2019, is
amended to read as follows:
(1) who served on active duty in the United States army, navy, air
force, SPACE 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 eleventh, two thousand one;
§ 15. Subparagraph (A) of paragraph 2 of subsection (a-2) of section
606 of the tax law, as amended by chapter 490 of the laws of 2019, is
amended to read as follows:
(A) who served on active duty in the United States army, navy, air
force, SPACE 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
A. 7606 9
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;
§ 16. Subparagraph (A) of paragraph 2 of subdivision (g-1) of section
1511 of the tax law, as amended by chapter 490 of the laws of 2019, is
amended to read as follows:
(A) who served on active duty in the United States army, navy, air
force, SPACE 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 eleventh, two thousand one;
§ 17. Subdivision 6 of section 210 of the economic development law, as
amended by chapter 490 of the laws of 2019, is amended to read as
follows:
6. "Veteran" shall mean a person who served in the United States army,
navy, air force, SPACE 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 honor-
able 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.
§ 18. Paragraph (b) of subdivision 5 of section 50 of the civil
service law, as amended by chapter 490 of the laws of 2019, 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-
A. 7606 10
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, SPACE FORCE, marine
corps, and coast guard.
§ 19. Paragraph (e) of subdivision 1 of section 458-a of the real
property tax law, as amended by chapter 490 of the laws of 2019, is
amended to read as follows:
(e) "Veteran" means a person (i) who served in the active military,
naval, SPACE, or air service during a period of war, or who was a recip-
ient of the armed forces expeditionary medal, navy expeditionary medal,
marine corps expeditionary medal, or global war on terrorism expedition-
ary medal, and who (1) was discharged or released therefrom under honor-
able 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
A. 7606 11
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
(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.
§ 20. This act shall take effect immediately, provided, however, that
the amendments made to subdivisions 5 and 7 of section 369-h of the
executive law made by section four of this act shall not affect the
repeal of such section and shall be deemed repealed therewith.