S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8294
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             October 15, 2021
                                ___________
 
 Introduced  by M. of A. BARRETT -- read once and referred to the Commit-
   tee on Veterans' Affairs
 
 AN ACT in relation to constituting chapter 13 of the  consolidated  law,
   in relation to establishing the veterans' services law and the depart-
   ment  of  veterans' services; to amend the domestic relations law, the
   education law, the election law, the environmental  conservation  law,
   the  executive  law,  the  general  municipal  law, the labor law, the
   mental hygiene law, the not-for-profit  corporation  law,  the  public
   health  law,  the  social  services  law,  the  state finance law, the
   defense emergency act of 1951, the administrative code of the city  of
   New York, the New York city charter, the cannabis law, the state tech-
   nology  law,  the  county  law,  the  economic  development  law,  the
   correction law, the civil service law, the general business  law,  the
   general  construction  law,  the  highway  law, the insurance law, the
   judiciary law, the military law, the public housing  law,  the  public
   officers  law,  the private housing finance law, the real property tax
   law, the tax law, the town law, the vehicle and traffic law,  and  the
   workers'  compensation  law, in relation to replacing all instances of
   the term "division of veterans services" with the term "department  of
   veterans'  services" and to making related conforming technical chang-
   es; and to repeal certain provisions of the executive law relating  to
   veterans'  services and of the military law relating to certain awards
   and medals
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Articles 17, 17-A and 17-B of the executive law and subdi-
 vision 1-c of section 247 of the military law are REPEALED.
   § 2. Chapter 13 of  the  consolidated  laws  is  enacted  to  read  as
 follows:
                    CHAPTER 13 OF THE CONSOLIDATED LAWS
                            VETERANS' SERVICES

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13178-03-1
              

 A. 8294                             2
 
                                 ARTICLE 1
                     DEPARTMENT OF VETERANS' SERVICES
 Section 1.  Definitions.
         2.  Department of veterans' services.
         3.  Veterans' services commission.
         4.  General functions, powers and duties of department.
         5.  Veteran speaker education program.
         6.  Cooperation and facilities of other departments.
         7.  Information on status of veterans receiving assistance.
         8.  New  York state supplemental burial allowance for members of
               the armed forces of the United States killed in combat  or
               duty  subject  to  hostile  fire  or  imminent  danger, as
               defined in 37 USC § 310.
         9.  New York state veteran burial fund.
         10. Time within which marriage may be solemnized; member of  the
               armed forces.
         11. Use  of  personal  confidential  information  obtained  from
               veterans or family members of veterans receiving  services
               from the state and political subdivisions thereof.
         12. Acceptance of gifts.
         13. State veterans' service agency.
         14. Local veterans' service agencies.
         15. Powers and duties of local veterans' service agencies.
         16. Location and cost of local veterans' service agencies; depu-
               ty local directors.
         17. Local veterans' service committees.
         18. Appropriations  for  expenses and activities of local veter-
               ans' service agencies.
         19. Women veterans coordinator.
         20. Creation of annuity.
         21. Evidence of entitlement.
         22. Persons who may receive annuity.
         23. New York state veterans' cemeteries.
         24. Veterans health screening.
         25. Payment to parents of veterans.
         26. Cremated remains of a veteran.
         27. New York state silver rose veterans service certificate.
   § 1. Definitions. When used in this article:
   1. The term "department" means the department of veterans' services.
   2. The term "state commissioner" means the New York state commissioner
 of veterans' services.
   3. The term "veteran" means a person, male or female, resident of this
 state, who has served in the active military or  naval  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.
   4.  The term "armed forces" means the military and naval forces of the
 United States.
   5. The term "local director" means the director of a  county  or  city
 veterans' service agency.
   6.  The  term  "county  director"  means  a local director of a county
 veterans' service agency.
   7. The term "city director" means a local director of a city veterans'
 service agency.
   8. The term "qualifying condition" means a diagnosis of post-traumatic
 stress disorder or traumatic brain injury made by, or an  experience  of
 A. 8294                             3

 military  sexual  trauma,  as described in 38 USC 1720D, as amended from
 time to time, disclosed to, an individual  licensed  to  provide  health
 care services at a United States Department of Veterans Affairs facility
 or  an  individual  licensed  to provide health care services within the
 state of New York. The department shall develop a standardized form used
 to confirm that the veteran has a qualifying condition under this subdi-
 vision.
   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 the executive
 law, 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 service at the time of discharge. The department shall
 establish a consistent and uniform process to determine whether a veter-
 an  qualifies  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.  Department  of  veterans'  services.  There is hereby created a
 department of veterans' services. The head of such department  shall  be
 the  New  York  state  commissioner of veterans' services who shall be a
 veteran. He or she shall be appointed by the  governor  and  shall  hold
 office during his or her pleasure. Such state commissioner shall receive
 an  annual  salary  to  be  fixed  by the governor within the limitation
 provided by law. He or she shall also be entitled to receive his or  her
 expenses actually and necessarily incurred by him or her in the perform-
 ance of his or her duties.  The state commissioner, with the approval of
 the  governor,  may  establish such bureaus within the department as are
 necessary and appropriate to carrying out its functions and may  consol-
 idate  or  abolish such bureaus. The state commissioner may appoint such
 officers, consultants, clerks and other employees and agents  as  he  or
 she  may  deem  necessary,  fix their compensation within the limitation
 provided by law, and prescribe their duties.
   § 3. Veterans' services commission. 1. There shall be in  the  depart-
 ment a veterans' services commission, which shall consist of the members
 and the ex officio members provided for in this section.
   2.  There  shall  be  thirteen  members of the commission who shall be
 veterans appointed by the governor, including two appointed on recommen-
 dation of the temporary president of the senate, one appointed on recom-
 mendation of the minority leader of the senate, two appointed on  recom-
 mendation  of  the  speaker  of  the  assembly,  and  one  appointed  on
 recommendation of the minority leader of the assembly.  The  appointment
 of  members made by the governor without recommendation shall be subject
 to advice and consent of the senate.   The  members  of  the  commission
 shall  serve  for terms of three years each. Appointed members presently
 serving on the commission shall continue to serve for the  remainder  of
 the  term  appointed.    Any  member chosen to fill a vacancy of such an
 appointed member occurring otherwise than by expiration of term shall be
 appointed for the remainder of the unexpired term of the member whom  he
 or  she is to succeed. Members appointed as provided in this subdivision
 shall receive no salary or other compensation, but each shall  be  enti-
 tled  to  receive  expenses  actually  and  necessarily  incurred in the
 performance of their duties.
 A. 8294                             4
 
   3. Ex officio members. (a) The adjutant general of the  state  of  New
 York shall be an ex officio member of the commission.
   (b)  In  addition,  the state commissioner may appoint the head of any
 other state agency or their designee as a non-voting, ex officio  member
 of  the  commission. Such appointments shall expire annually on December
 thirty-first unless such appointments are renewed by the  state  commis-
 sioner.
   4. One of the members of the commission, which shall include the adju-
 tant  general,  shall  be designated as chairperson by the governor. The
 designation shall be in writing and shall be filed with the commission.
   5. The commission shall have power, and  it  shall  be  its  duty,  to
 assist  the  state commissioner in the formulation of policies affecting
 veterans and in the coordination of all  operations  of  state  agencies
 relating to veterans' services.
   §  4.  General functions, powers and duties of department. The depart-
 ment, by and through the state commissioner or his or her  duly  author-
 ized officer or employee, shall have the following functions, powers and
 duties:
   1. To coordinate the program and activities of departments, divisions,
 boards,  bureaus,  commissions  or agencies of the state or of any poli-
 tical subdivision of the state in providing services and  facilities  to
 members  of  the  armed forces and to veterans who are residents of this
 state and their families.
   2. To maintain  liaison  with  other  public  officials  and  agencies
 concerned  with the development or execution of plans for members of the
 armed forces and veterans who are residents of  this  state,  and  their
 families, and to assist in the development and execution of such plans.
   3. To establish, direct and supervise a state veterans' services agen-
 cy;  and  to create or designate other agencies of the department to aid
 and assist in the discharge of one or more of its functions,  powers  or
 duties  under  this article, and grant authority to such agencies as may
 be deemed necessary for the effective  accomplishment  of  any  of  such
 functions, powers or duties.
   4.  To  operate and maintain counseling services, rest camps and other
 agencies and institutions and to administer benefits and facilities  for
 members  of  the  armed  forces  and  veterans who are residents of this
 state, and their families.
   5. To provide seminars three times per year  at  locations  throughout
 the  state  to  advise veterans and their surviving spouses, who are age
 sixty-two or older, of veterans' benefits for which they may be eligible
 from the state and federal governments, and the means of obtaining  such
 benefits.
   6.  To  provide  seminars three times per year at locations throughout
 the state to advise women veterans of their benefits for which they  may
 be eligible from the state and federal governments, the means of obtain-
 ing  such  benefits  and  other  topics,  including, but not limited to,
 health care issues of specific interest to women veterans.
   7. To provide in cooperation with the office of general  services  and
 the  office  of  the  comptroller  a  series  of seminars, that shall be
 conducted four or more times per year at regional sites located through-
 out the state of New York for  the  purpose  of  advising  veteran-owned
 businesses  regarding the opportunities available for obtaining procure-
 ment contracts from New York state agencies, municipalities, and author-
 ities. Furthermore the seminars shall provide requirements and  training
 that will enable veteran-owned businesses to successfully participate in
 the procurement process.
 A. 8294                             5
 
   8.  To  execute and assist in the execution of plans for the efficient
 utilization of the resources and facilities  of  the  state  in  matters
 related to members of the armed forces and veterans who are residents of
 this state, and their families.
   9.  To  make  studies  and  analyses and develop and execute plans for
 assistance and benefits to members of the armed forces and veterans  who
 are  residents  of  this  state, and their families, and the creation of
 agencies, institutions and facilities therefor.
   10. To prepare and submit a report, in consultation with the office of
 temporary and disability assistance, department of labor, and office  of
 children and family services to determine the number of homeless persons
 in New York state that are veterans.  Such report shall include, but not
 be  limited to, the following information to the extent it is reasonably
 accessible to the department: (a) an analysis of veterans  in  New  York
 state  who  are  currently  homeless,  or have been homeless within five
 years of being released from active duty including an analysis of gender
 as it relates to homelessness of veterans; (b) data  on  the  number  of
 children  of  homeless veterans, including the current placement of such
 children; (c) cases of military sexual trauma  experienced  by  homeless
 veterans  while  on active duty or during military training, including a
 breakdown of the collected data based upon the gender of the victim; and
 (d) the unemployment rate for New York state veterans. The  term  "chil-
 dren  of homeless veterans" shall mean a person who is unmarried and who
 is under the age of eighteen years, and is  the  biological  or  legally
 adopted  child of a veteran. The report shall be delivered to the gover-
 nor, the speaker of the assembly and  the  temporary  president  of  the
 senate  by  June  thirtieth,  two  thousand twenty and every three years
 thereafter. Such report shall be publicly available and  posted  on  the
 department of veterans' services website.
   11.  To develop and encourage plans for the occupational reorientation
 of veterans who are residents of this state, including the determination
 and certification of civilian equivalents for  military  experience  and
 the development and encouragement of on-the-job training and apprentice-
 ship  training  programs.  Furthermore,  the department shall provide an
 internet connection to correlate military occupations  and  skills  into
 civilian translations and terms.
   12.  To  provide information regarding resources that are available to
 assist veterans in establishing and sustaining a small business by main-
 taining a small business portal on the  department's  internet  website.
 Such  portal  shall  provide  virtual  links  to  appropriate government
 programs including, but not limited to the United States  Department  of
 Veterans'  Affairs.  The  department may consult with the New York State
 Small Business Development Center and any other appropriate state  agen-
 cies.  The  department  shall  make reference to this information in its
 newsletter, at the three seminars sponsored by the  department  pursuant
 to  subdivisions  five,  six,  and  seven of this section and the annual
 report to the governor and the legislature as  provided  in  subdivision
 seventeen of this section. Such information required under this subdivi-
 sion  shall be maintained and updated annually. The information may also
 be made available in printed form.
   13. To provide information regarding resources that are  available  to
 assist  veterans  in  obtaining  employment  by  maintaining a veterans'
 employment portal on the  department's  internet  website.  Such  portal
 shall  provide virtual links to appropriate governmental programs on the
 federal and state level, including, but not limited to the United States
 department of labor and the New York  state  department  of  labor.  The
 A. 8294                             6
 
 department  may consult with members of the community devoted to helping
 veterans obtain employment. The department shall make reference to  this
 information  pursuant  to  subdivisions  five,  six,  and  seven of this
 section  and  the  annual  report to the governor and the legislature as
 provided in subdivision seventeen  of  this  section.  Such  information
 required  under this subdivision shall be maintained and updated annual-
 ly. The information may also be made available in printed form.
   14. To adopt, promulgate, amend and rescind suitable rules  and  regu-
 lations to carry out the provisions of this article.
   15.  To  recommend  to  the  legislature  and the governor legislative
 proposals for the benefit of members of the armed  forces  and  veterans
 who are residents of this state, and their families.
   16. To exercise and perform such other functions, powers and duties as
 may be deemed necessary to protect the interests and promote the welfare
 of  members  of  the armed forces and veterans who are residents of this
 state, and their families.
   17. To render each year to the governor and to the legislature a writ-
 ten report of the activities and recommendations of the department.
   18. (a) For the purpose of providing for the construction,  establish-
 ment,  expansion,  improvement,  support, operation, maintenance and the
 provision of perpetual care for  state  veterans'  cemeteries,  to  seek
 funding from, and make application for funding to:
   (1)  the  government  of  the  United  States, including any agency or
 public authority thereof;
   (2) the government of the state of New York, including any  agency  or
 public authority thereof;
   (3)  any  political  subdivision of the government of the state of New
 York, including any agency or public authority thereof; or
   (4) any private individual, corporation or foundation;
   (b) Pursuant to section twenty-three of this article, to  provide  for
 the construction, establishment, expansion, improvement, support, opera-
 tion, maintenance and the provision of perpetual care for state veterans
 cemeteries;
   (c)  To expend moneys from the veterans remembrance and cemetery main-
 tenance and operation fund, established pursuant to section  ninety-sev-
 en-mmmm of the state finance law; and
   (d) To evaluate, monitor and otherwise oversee the operation of veter-
 ans cemeteries in this state.
   19.  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 veterans who
 (i)  were  honorably  discharged  or (ii) had a qualifying condition, as
 defined in section one of this article, and received a  discharge  other
 than bad conduct or dishonorable, or (iii) were a discharged LGBT veter-
 an,  as defined in section one 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 poli-
 tical subdivision, agency or instrumentality with which  the  department
 has contracted.
   20.  To  establish, operate and maintain a toll-free telephone number,
 under the supervision of the state  commissioner,  for  the  purpose  of
 providing callers thereof with information relating to services provided
 by  the department as well as services and programs provided to veterans
 by other agencies, bureaus and organizations. Such services and programs
 shall include, but not be limited  to,  educational  and  job  benefits,
 A. 8294                             7
 
 tuition assistance programs, survivor benefits, health and mental health
 referrals and real property tax exemptions.
   21.  To  establish,  operate  and  maintain a free mobile application,
 under the supervision of the state commissioner,  for  the  purposes  of
 providing  veterans and their family members with information, available
 on a region-specific basis, relating to services provided by the depart-
 ment as well as services and programs  provided  to  veterans  by  other
 state  agencies,  the  federal government, and other organizations. Such
 services and programs shall include, but not be limited  to  educational
 and job benefits, tuition assistance programs, survivor benefits, health
 and  mental  health  referrals,  and  real  property tax exemptions. The
 department's website shall contain a link to the  free  mobile  applica-
 tion.
   22.  To develop, jointly with the commissioner of education, a form by
 which the parent or person in parental relation to  a  designated  child
 may,  should  he or she so elect, report to the department that a parent
 of such child is a veteran of the armed forces  who  served  in  Vietnam
 during the Vietnam conflict. This form shall: (i) clearly state that the
 parent  or  person  in  parental relation is not required to provide the
 information requested and that the information will have no bearing upon
 the services the child will receive; (ii)  state  that  the  information
 will  be  used  exclusively  for  research  purposes  and  explain those
 research purposes in plain language; and (iii) provide  the  address  to
 which  the form is to be mailed, should the parent or person in parental
 relation elect to make such report. For the purposes  of  this  subdivi-
 sion,  the  term  "designated  child" shall mean a child designated by a
 school district committee  on  special  education  pursuant  to  section
 forty-four  hundred two of the education law as either learning disabled
 or emotionally disturbed.
   23. To process all information received from nursing homes  and  resi-
 dential  health  care facilities, including assisted living and assisted
 living residences as defined in section forty-six hundred  fifty-one  of
 the  public health law, and adult care facilities authorized under title
 two of article seven of the social services law, indicating  veteran  or
 veteran  spouse status. Such processing shall occur by transmitting such
 information to state counselors for  review  and  potential  linkage  to
 applicable  benefits,  including  but  not  limited  to  federal aid and
 attendance and a federal  improved  pension  program.  State  counselors
 shall  work with county counselors or any accredited service officers of
 an organization chartered by the congress of the  United  States  and/or
 recognized  by  the  department  of veterans affairs for claim represen-
 tation as necessary and where appropriate.  Such  information  shall  be
 protected  as  personal  confidential information under article six-A of
 the public officers law against disclosure of confidential material, and
 shall be used only to assist in providing linkage to applicable benefits
 and entitlements under federal and state law.
   24. To include within the annual report  as  required  by  subdivision
 seventeen  of this section an accounting of the number of forms received
 from nursing homes and residential  health  care  facilities,  including
 assisted  living  and  assisted  living residences as defined in section
 forty-six hundred fifty-one of the public health  law,  and  adult  care
 facilities  authorized  under  title  two of article seven of the social
 services law, and the specific number of veterans and spouses of  veter-
 ans linked to applicable benefits, including, but not limited to federal
 aid  and  attendance and a federal improved pension program. Such report
 shall evaluate the average time taken by the department between  receipt
 A. 8294                             8
 
 of  such information, transmission to veterans counselors and linkage to
 available benefits. Such report shall also evaluate the effectiveness of
 the program and make recommendations for improvements as necessary.
   25.  To encourage the development of and to provide for the establish-
 ment of a state women veterans coordinator, as provided in section nine-
 teen of this article.
   26. To make  available  information  on  accident  prevention  courses
 approved  by  the  commissioner  of motor vehicles online on the depart-
 ment's website. The department shall provide a link to the department of
 motor vehicles website pages  containing  information  on  the  accident
 prevention courses.
   27.  To  provide information regarding resources that are available to
 assist veterans who experience mental health or  substance  abuse  prob-
 lems,  and  veterans  with  physical disabilities, by maintaining mental
 health, substance abuse and physical disabilities portals on the depart-
 ment's internet website. Such portals shall  provide  virtual  links  to
 appropriate  governmental  programs  on the federal and state levels and
 information on  suicide  prevention,  peer  outreach  and  support,  and
 services that address the special needs of physically disabled veterans.
 The  department may consult with the office of mental health, the office
 of addiction services and supports, the department  of  health  and  the
 department  of labor. The department shall make reference to this infor-
 mation provided pursuant to subdivisions five and six  of  this  section
 and  in  the  annual report to the governor and the legislature required
 pursuant to subdivision seventeen  of  this  section.  Such  information
 required  under this subdivision shall be maintained and updated annual-
 ly.
   28. To include within the annual report  as  required  by  subdivision
 seventeen  of  this section an accounting of the number of veteran-owned
 small businesses in the state of New York, to be listed by the following
 designations: small business concern owned and controlled by veterans as
 set forth in 15 U.S.C. section 632(Q)(3), as amended from time to  time,
 and  service  disabled veteran-owned business enterprise as set forth in
 article three of this chapter. Such listing shall  include  but  not  be
 limited  to  the  name  of the veteran owner or owners of each business,
 location of each such business, the type of each such business and when-
 ever practicable, be divided into categories of labor, services,  equip-
 ment, materials and recognized construction trades. The department shall
 request  this information annually from the U.S.  department of veterans
 affairs, any other appropriate federal agencies and  the  department  of
 service-disabled  veterans'  business  development  within  the New York
 state office of general services.
   29. To maintain a fact sheet on the  department's  webpage  containing
 (a)  contact  information  for  all veterans integrated service networks
 located within the state, (b) current contact information for the United
 States veterans health administration including VA medical  centers  and
 clinics  and  (c)  contact information for each New York State veterans'
 home. The fact  sheet  shall  be  entitled,  "Information  for  Veterans
 concerning Health Care Options" and shall be updated annually.
   30.  To  maintain  a  listing on the department's website of the local
 veterans' service agencies established pursuant to section  fourteen  of
 this  article  with  the  name, location, hours of operation and contact
 information of each  county  and  city  veterans'  service  agency.  The
 department  shall  also provide this information in its annual report to
 the governor and the legislature as  required  pursuant  to  subdivision
 seventeen  of this section.  Information under this subdivision shall be
 A. 8294                             9

 provided to the department by each local veterans'  service  agency  and
 shall be updated annually.
   31.  To maintain a discharge upgrade advisory board program within the
 department to provide written non-binding advisory opinions to  veterans
 of the state of New York appealing their character of discharge from the
 discharge  review board or the board for corrections of military records
 for their branch of service on  the  federal  level.    Individuals  may
 submit  an  application with evidence, including all relevant documents,
 which shall be reviewed by the discharge upgrade advisory board  program
 in  a timely manner. If such board finds the veteran's application for a
 discharge upgrade is meritorious, then the board will provide the veter-
 an with a written opinion advocating for the discharge review  board  or
 board  for corrections of military or naval records to grant that veter-
 an's appeal. The department shall  post  information  on  the  discharge
 upgrade  advisory  board  program  on  its  official webpage. The annual
 report required by subdivision seventeen of this section  shall  contain
 information including, but not limited to, the number of cases reviewed,
 and  the  number  of cases where a veteran's application was found to be
 meritorious.
   32. To provide information regarding resources that are  available  to
 assist  veterans  who experienced military sexual trauma while on active
 duty or during military training, by maintaining a military sexual trau-
 ma portal on  the  department's  internet  website.  Such  portal  shall
 provide virtual links to appropriate governmental programs on the feder-
 al  and  state  levels.    The department may consult with the office of
 mental health and the department of health. The  department  shall  make
 reference to this information provided pursuant to subdivisions five and
 six  of  this  section  and in the annual report to the governor and the
 legislature required pursuant to subdivision seventeen of this  section.
 Such information required under this subdivision shall be maintained and
 updated annually.
   33.  To  make  widely available to the public via, among other things,
 publication on the department's  website  and  free  mobile  application
 pursuant  to subdivision twenty-one of this section, information regard-
 ing the veterans remembrance and cemetery maintenance and operation fund
 established pursuant to section ninety-seven-mmmm of the  state  finance
 law.
   34.  To  coordinate  outreach efforts that ensure members of the armed
 forces and veterans who are residents of this state, and their families,
 are made aware of services for veterans from any departments, divisions,
 boards, bureaus, commissions or agencies of the state or  any  political
 subdivision of this state.
   35.  To  develop collaborative relationships among state, federal, and
 local agencies and private organizations, including but not  limited  to
 the  office  of mental health, state office for the aging, and office of
 addiction services and supports, to help facilitate access  to  services
 by  members  of  the  armed forces and veterans who are residents of the
 state and their families.
   § 5. Veteran speaker education program. 1. There is hereby established
 within the department a veteran speaker education program to  be  devel-
 oped  and  implemented  by  the  commissioner  in  consultation with the
 commissioner of the New York state military museum and veterans resource
 center and in accordance with the provisions  of  this  section.    Such
 program  shall provide school districts within this state with a listing
 of available veteran  speakers  willing  to  visit  classrooms  for  the
 purpose of discussing their military experience.
 A. 8294                            10
 
   2.  The  department,  from  its  available resources, shall develop an
 informational pamphlet to be distributed either  by  mail  or  electron-
 ically  to  school  districts  which  provides a general overview of the
 program including its purpose and how to participate.    The  department
 shall, in consultation with congressionally chartered veterans organiza-
 tions and local veterans services agencies, appoint and create a listing
 of  veteran speakers coordinators for each county of the state who shall
 be listed in the informational pamphlet. The veteran speakers  coordina-
 tors' duties shall include but not be limited to contacting veterans who
 reside  in  their  county  including  those who have participated in the
 veteran's oral history program at the New York state military museum  or
 the  West  Point oral history project or the veterans history project of
 the American Folklore Center or any similar oral  history  project  with
 information  about this program and inquiring as to whether such persons
 would be willing to participate as speakers or in  any  other  capacity.
 The  listing  shall  include  the names and contact information for such
 veterans including information describing the type of  military  service
 performed by each such person, the time and length of service, geograph-
 ic  area or areas where such person served and rank.  The veteran speak-
 ers coordinators shall annually update such  information  regarding  the
 availability of such veterans.
   3.  No  teacher  or  veteran  shall be required to participate in this
 program.  Any teacher who wishes to  supplement  his  or  her  classroom
 instruction concerning a particular era in American military history may
 contact  a  participating veteran personally to request that such person
 visit a classroom to discuss his or her military experience.  A  teacher
 shall  be  responsible  for  ascertaining  the  appropriateness  of  any
 proposed speaker based upon the age of the  children  and  the  intended
 subject  matter.  Nothing in this section shall be intended to supersede
 any particular or general school rules  or  regulations  or  other  laws
 relating to curriculum.
   4.  The  department  shall  require  a certified copy of the veteran's
 discharge papers to participate in the  veteran  speaker  program.  Such
 form  shall  be filed with the department to serve as evidence that such
 person is a veteran who served in the United States military honorably.
   5. The department shall implement a procedure for evaluations of  each
 speaker  to  be  completed  by  teachers and students, and maintain such
 evaluations and make them available upon request to other  teachers  who
 plan to participate.
   6.  The  department  may consult with other veterans organizations and
 any branch of the U.S. military in the development of this program.
   § 6. Cooperation and facilities of other  departments.  To  effectuate
 the  purposes  of  this article, the governor may direct any department,
 division, board, bureau, commission or agency of the state,  or  of  any
 political  subdivision  thereof, to cooperate with and assist and advise
 the department in the performance of its duties and  functions,  and  to
 provide  such  facilities,  including  personnel,  materials  and  other
 assistance and data as will enable the department or any of its agencies
 to properly carry out its activities and effectuate its  purposes  under
 this article.
   §  7. Information on status of veterans receiving assistance.  Depart-
 ments, divisions, bureaus, boards, commissions and agencies of the state
 and political subdivisions thereof, which provide assistance, treatment,
 counseling, care, supervision or  custody  in  service  areas  involving
 health,  mental health, family services, criminal justice or employment,
 including but not limited  to  the  office  of  addiction  services  and
 A. 8294                            11
 
 supports,  office of mental health, office of probation and correctional
 alternatives, office of children and family services, office  of  tempo-
 rary  and  disability  assistance,  department  of health, department of
 labor,  local workforce investment boards, office for people with devel-
 opmental disabilities,  and  department  of  corrections  and  community
 supervision,  shall request assisted persons to provide information with
 regard to their veteran status  and  military  experiences.  Individuals
 identifying  themselves as veterans shall be advised that the department
 of veterans' services and local veterans' service  agencies  established
 pursuant  to  section  fourteen  of  this  article provide assistance to
 veterans regarding benefits under federal  and  state  law.  Information
 regarding  veterans  status  and  military  service provided by assisted
 persons solely to implement this section shall be protected as  personal
 confidential  information under article six-A of the public officers law
 against disclosure of confidential material, and used only to assist  in
 the diagnosis, treatment, assessment and handling of the veteran's prob-
 lems  within the agency requesting such information and in referring the
 veteran to the department of  veterans'  services  for  information  and
 assistance  with  regard  to benefits and entitlements under federal and
 state law.
   § 8. New York state supplemental burial allowance for members  of  the
 armed  forces  of  the United States killed in combat or duty subject to
 hostile fire or imminent danger, as defined in 37 USC § 310. 1. As  used
 in  this  section,  "parent"  means a father, a mother, a father through
 adoption, a mother through adoption, or an individual who, for a  period
 of  not less than one year, at any time before the decedent's entry into
 active military service stood in the relationship of a parent to a dece-
 dent who died in combat or duty subject  to  hostile  fire  or  imminent
 danger, as defined in 37 USC § 310, or who died from a wound incurred in
 combat  or  while  serving  on  duty subject to hostile fire or imminent
 danger, as defined in 37 USC § 310 or,  if  two  persons  stood  in  the
 relationship  of  a parent for one year or more, the person who bore the
 expenses of the funeral of the decedent.
   2. As used in this section, (a) "wound" means a physical injury  to  a
 servicemember  on active duty caused by (i) a bullet, shrapnel, or other
 projectile; (ii) a mine or trap; (iii) an explosion; (iv) a  vehicle  or
 aircraft  accident not caused by the servicemember's willful misconduct;
 or (v) any other action caused or induced by the enemy directly  result-
 ing in physical harm to the servicemember.
   (b)  "burial  receptacle" means (i) a casket, which shall mean a rigid
 container that is designed for  the  encasement  of  human  remains  and
 customarily  ornamented  and lined with fabric, (ii) an urn, which shall
 mean a container of wood, metal, pottery, or other material designed for
 the storage of cremated human remains,  and/or  (iii)  an  outer  burial
 receptacle,  which shall mean a graveliner, burial vault, or other simi-
 lar type of container for the placement of a casket or urn.
   3. There is hereby established within the department a New York  state
 supplemental  burial allowance for any member of the armed forces of the
 United States who: (a) died in combat or duty subject to hostile fire or
 imminent danger, as defined in 37  USC  §  310  or  died  from  a  wound
 incurred  in  combat or while serving on duty subject to hostile fire or
 imminent danger, as defined in 37 USC § 310, other than  the  exceptions
 noted  in  paragraphs  (d),  (e)  and  (f)  of  subdivision four of this
 section, and (b) who was (i) a resident of New York state at the time of
 his or her death or (ii) a nonresident of New York state at the time  of
 his or her death and a member of the New York Army National Guard or New
 A. 8294                            12
 
 York  Air  National Guard at the time he or she entered title 10, United
 States Code, federal active duty status during which period  of  service
 he or she died.
   4.  (a)  The  purpose  of  the  program is to administer and monitor a
 supplemental allowance program to aid families of military personnel who
 died in combat or duty subject to hostile fire or  imminent  danger,  as
 defined in 37 USC § 310, or died from a wound incurred in combat or duty
 subject  to hostile fire or imminent danger, as defined in 37 USC § 310,
 with respect to expenses incurred  in  connection  with  the  decedent's
 funeral and the burial, burial receptacle, cremation, or other interment
 of the decedent's remains.
   (b) Eligible recipients under this program shall be those who bore the
 cost of the decedent's funeral and burial, burial receptacle, cremation,
 or  other interment, in the following order of priority: (i) a surviving
 spouse or domestic partner of the decedent; (ii) adult children  of  the
 decedent,  to  include step-children and adopted children; (iii) parents
 or grandparents of the decedent, and parents-in-law or  grandparents-in-
 law  of  the  decedent;  (iv)  brothers  or  sisters of the decedent, to
 include brothers or sisters adopted by the decedent's  immediate  family
 and brothers or sisters with whom the decedent shares only one parent in
 common,  and  brothers-in-law  or  sisters-in-law  of  the decedent; (v)
 aunts, uncles, and first cousins of the decedent;  and  (vi)  any  other
 relative.  Any  applicant convicted of making any false statement in the
 application for the reimbursement shall  be  subject  to  the  penalties
 prescribed in the penal law.
   (c)  Such  burial  allowance is a partial reimbursement of an eligible
 decedent's funeral and burial, burial  receptacle,  cremation  or  other
 interment costs. The reimbursement is generally applicable to two compo-
 nents:  (i) funeral expenses, and (ii) expenses arising from the burial,
 burial receptacle, cremation,  or  other  interment  of  the  decedent's
 remains.  Any  allowance granted by the government of the United States,
 pursuant to 38 U.S.C. §§2301, 2302, 2303, 2306,  2307  and  2308  or  10
 U.S.C. § 1482, or by the decedent's state of residence in the case of an
 allowance  eligible  pursuant  to  subparagraph (ii) of paragraph (b) of
 subdivision three of this section, shall be first applied toward funeral
 and burial, burial receptacle, cremation or other interment costs.   The
 state  may award an allowance of up to six thousand dollars to cover any
 remaining expenses.
   (d) The state shall not award any funds from this allowance  to  reim-
 burse  any  costs  for  the headstone, grave marker, or medallion of the
 decedent.
   (e) The state shall not grant supplemental burial  allowance  payments
 for  the  funeral  or the burial, burial receptacle, cremation, or other
 interment of remains  of  any  decedent  whose  relations  received  any
 reimbursement  from  this  allowance for any previous funeral or burial,
 burial receptacle, cremation, or other interment  of  remains  for  this
 same decedent.
   (f)  The  state shall not grant supplemental burial allowance payments
 for any person filing a completed application for  such  allowance  with
 the  state later than:  (i) two years after the applicant received final
 written notice from the United States  Department  of  Veterans  Affairs
 regarding  an application for reimbursement of funeral or burial, burial
 receptacle, cremation or other interment expenses pursuant to 38  U.S.C.
 §§2301,  2302,  2303,  2306,  2307, or 2308, or 10 U.S.C. § 1482, or any
 combination thereof; or (ii) two years after the expiration date of  the
 filing  deadline  to  apply for reimbursement of funeral, burial, burial
 A. 8294                            13
 
 receptacle, cremation or other interment expenses from the United States
 Department of Veterans Affairs, as defined in 38 U.S.C. § 2304,  if  the
 applicant  never  applied  for  reimbursement of funeral, burial, burial
 receptacle,  cremation  or  interment  expenses  from  the United States
 Department of Veterans Affairs. Any applications received subsequent  to
 these prescribed periods shall be denied as time-barred.
   (g)  Applicants  shall  furnish  evidence  of  the decedent's military
 service and relevant after action reports or other documents  explaining
 why  the application meets eligibility requirements for each case in the
 manner and form prescribed by the  state  commissioner  or  his  or  her
 designee.    Upon  being satisfied that the facts in the application are
 true, the state commissioner or his or her designee shall certify to the
 state comptroller the name and address of such recipient.  The  decision
 of  the state commissioner or his or her designee on all matters regard-
 ing any payment from this allowance shall be final.
   (h) The state commissioner shall submit a report to the governor,  the
 chairperson  of the senate finance committee, and the chairperson of the
 assembly ways and means committee not later than  January  fifteenth  of
 each year in which this section is in effect. Such report shall include,
 but not be limited to, regulations promulgated pursuant to this section,
 allowances paid, and an account of the monies spent and the relationship
 of the distributees to the decedent.
   §  9.  New York state veteran burial fund. 1. As used in this section,
 "agent in control of  the  disposition  of  remains"  means  the  person
 responsible  or  designated  to  control  the  disposition of a deceased
 veteran's remains as defined and outlined in section  forty-two  hundred
 one of the public health law. The term "interment" means the disposition
 of remains as defined in paragraph (g) of section fifteen hundred two of
 the  not-for-profit corporation law. The term "burial" shall include the
 process as defined in paragraph (e) of section fifteen  hundred  two  of
 the not-for-profit corporation law.
   2.  As  provided in subdivision nineteen of section four of this arti-
 cle, there is hereby established within the department a New York  state
 veterans burial fund for honorably discharged members of the armed forc-
 es 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 one 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 one of this article, and received a  discharge  other  than  bad
 conduct or dishonorable from such service.
   (a) Eligible recipients under this program shall be those who bore the
 cost  of  the  funeral  as  the  agent  in control of the disposition of
 remains. An application shall be made available to an  eligible  recipi-
 ent. Any applicant convicted of making any false statement in the appli-
 cation   for  the  reimbursement  shall  be  subject  to  the  penalties
 prescribed in the penal law.
   (b) Such optional burial allowance is a reimbursement of  an  eligible
 decedent's  burial  and  interment costs not to exceed two thousand five
 hundred dollars  in  a  New  York  state  not-for-profit  cemetery.  The
 reimbursement  is generally available as a plot interment allowance. Any
 allowance granted by the government of the United States, pursuant to 38
 U.S.C. §§ 2302, 2303, 2306, 2307 and 2308 or 10 U.S.C. § 1482  shall  be
 first  applied  toward interment costs. An additional allowance of up to
 the cost of the actual burial and interment as provided  under  subdivi-
 A. 8294                            14

 sion  nineteen  of  section four of this article may be awarded to cover
 any remaining expenses.
   (c)  Evidence  of  the  military service of the decedent for each case
 shall be furnished in the manner and form prescribed by the state direc-
 tor; upon being satisfied that the facts in the  application  are  true,
 the  state  commissioner shall certify to the state comptroller the name
 and address of such agent in control of the disposition of  remains  for
 reimbursement as provided in this section.
   §  10.  Time  within  which  marriage may be solemnized; member of the
 armed forces.    Notwithstanding  section  thirteen-b  of  the  domestic
 relations  law,  where  either  of  the parties making application for a
 marriage license, pursuant to section thirteen of the domestic relations
 law, is a member of the armed forces of the United States on active duty
 the marriage of the parties shall not be solemnized  within  twenty-four
 hours after the issuance of the marriage license, nor shall it be solem-
 nized after one hundred eighty days from the date of the issuance of the
 marriage  license.  Proof  that  the  applicant is a member of the armed
 forces of the United States shall be furnished to  the  satisfaction  of
 the official issuing the marriage license. Every license to marry issued
 pursuant  to the provisions of this section shall state the day and hour
 the license is issued and shall contain a  recital  that  it  is  issued
 pursuant to the provisions of this section.
   §  11. Use of personal confidential information obtained from veterans
 or family members of veterans receiving  services  from  the  state  and
 political  subdivisions  thereof.  1.  Departments,  divisions, bureaus,
 boards, commissions and agencies of the state and political subdivisions
 thereof, which provide assistance, treatment, counseling,  care,  super-
 vision  or  custody  in  service  areas involving health, mental health,
 family services, criminal justice or employment  shall  be  required  to
 solicit  information on whether their customer or client is a veteran as
 defined in section eighty-five of the civil service law or family member
 of a veteran. Any new forms created after the  effective  date  of  this
 section  shall  contain the following questions: "Have you served in the
 United States Armed Forces?" "Has someone in your family served  in  the
 United States military?"
   2. Individuals identifying themselves as having served in the military
 or  a  family  member  shall be advised that the department of veterans'
 services and local veterans service  agencies  established  pursuant  to
 section seventeen of this article provide assistance to veterans regard-
 ing benefits under federal and state law. Information regarding veterans
 and  military  status  provided  by assisted persons solely to implement
 this section shall be protected as personal confidential  material,  and
 used only to assist in the diagnosis, treatment, assessment and handling
 of  the veteran's or family member's problems within the agency request-
 ing such information and in referring the veteran or  family  member  to
 the  department of veterans' services for the information and assistance
 with regard to benefits and entitlements under federal and state law.
   § 12. Acceptance of gifts. The department with  the  approval  of  the
 governor,  may  accept any gift or grant for any of the purposes of this
 article. Any moneys so received may be expended  by  the  department  to
 effectuate  any  of  the  purposes  of this article, subject to the same
 limitations as to authorization, audit and approval  as  are  prescribed
 for state moneys appropriated for the purposes of this article.
   §  13.  State  veterans'  service agency. 1. A state veterans' service
 agency established by the department pursuant to this article shall have
 power and it shall be its duty to inform military and naval  authorities
 A. 8294                            15
 
 of  the  United States and assist members of the armed forces and veter-
 ans, who are residents of this state, and their families, in relation to
 (1) matters pertaining to educational training and  retraining  services
 and  facilities,  (2)  health,  medical  and rehabilitation services and
 facilities, (3) provisions of federal, state and local  laws  and  regu-
 lations  affording special rights and privileges to members of the armed
 forces and war veterans and their families, (4)  employment  and  re-em-
 ployment  services,  and (5) other matters of similar, related or appro-
 priate nature. The state veterans' service  agency  also  shall  perform
 such other duties as may be assigned by the state commissioner.
   2.  The  state  commissioner  may,  with the approval of the governor,
 appoint and remove a director of the state veterans' service agency. The
 state commissioner may from time to time  establish,  alter  or  abolish
 state  veterans' service agency districts within the state, establish or
 abolish offices therefor, and appoint and at pleasure  remove  a  deputy
 director  of  the  state veterans' service agency for each such district
 office. With the approval of the state commissioner, the director of the
 veterans' service agency may appoint such officers, consultants,  clerks
 and  other  employees as may be necessary to administer the functions of
 the state veterans' service agency, fix their  compensation  within  the
 limitation provided by law, and prescribe their duties.
   §  14.  Local  veterans' service agencies. 1. County veterans' service
 agencies. There shall be established a county veterans'  service  agency
 in  each  county not wholly included within a city, and there shall be a
 county director of each county  veterans'  service  agency.  Any  county
 director  hired  after  the  effective  date  of this chapter shall be a
 veteran as defined in New York state statute. The chair of the board  of
 supervisors  of a county, with the approval of the board of supervisors,
 shall appoint and may at pleasure remove a county director of the county
 veterans' service agency for such county. In a county  having  a  county
 president,  a  county  executive  or other chief executive officer, such
 president or executive officer shall appoint and may at pleasure  remove
 a  county director. The county director may be paid such compensation as
 shall be fixed by the appointing officer and the board  of  supervisors.
 The county director shall appoint such assistants and employees as he or
 she may deem necessary, other than those, if any, supplied by the state;
 he  or she may prescribe the duties of those appointed by him or her and
 fix their salaries within the appropriations  made  available  for  that
 purpose  by the county and may at pleasure remove any such assistants or
 employees. The county director shall have  jurisdiction  throughout  the
 territorial  limits of the county, including any city therein which does
 not have a city veterans' service agency, provided that after the estab-
 lishment of a city veterans' service agency in any such city, the county
 director shall not have jurisdiction within such city.
   2. City veterans' service agency. There  may  be  established  a  city
 veterans'  service agency in each city; and there shall be a city direc-
 tor of each city veterans' service  agency  which  is  established.  The
 mayor  of  such  city,  or  the  city manager in a city of less than one
 hundred forty thousand population having a city manager,  shall  appoint
 and  may  at  pleasure  remove the city director. A city director may be
 paid such compensation as shall be fixed by the mayor or  city  manager,
 as  the  case  may  be,  empowered to appoint the city director, and the
 governing body of the city. The city director may appoint such deputies,
 assistants and employees as he or she  may  deem  necessary  other  than
 those,  if  any,  supplied  by the state; the director may prescribe the
 duties of those appointed by him or her and fix  their  salaries  within
 A. 8294                            16
 
 the  appropriations  made available for that purpose by the city and may
 at pleasure remove any such assistant or  employee.    A  city  director
 shall have jurisdiction throughout the territorial limits of the city.
   3.  Accreditation.  (a)  Current county or city directors within three
 years from the effective date of this subdivision shall take  all  steps
 necessary  to  be  accredited  as  a veterans service organization (VSO)
 representative. Accreditation shall mean the authority  granted  by  the
 United  States  Department  of  Veterans  Affairs to assist veterans and
 their family members in the preparation, presentation,  and  prosecution
 of  claims  for benefits pursuant to section 5902 of Title 38 U.S.C. and
 section 14.628 of Title 38 Code of Federal Regulations.  Once an  appli-
 cation  for  accreditation  is  approved  by  the General Counsel of the
 United States Department of Veterans Affairs and the applicant is  noti-
 fied of this action, the director of the county or city veterans service
 agency  shall  file  a  copy  of  the accreditation certificate from the
 appropriate veterans service organization with the commissioner  of  the
 department.  Such  accreditation shall be maintained during the duration
 of his or her status as a commissioner of such county or  city  veterans
 service  agency.  The  commissioner of the department may determine that
 satisfactory completion of a course or instruction on veterans' benefits
 approved by  the  United  States  Department  of  Veterans  Affairs  and
 conducted  by the department may fulfill the requirements of this subdi-
 vision.
   (b) Any county or city director hired after the effective date of this
 chapter shall take all steps necessary to be accredited  as  a  veterans
 service organization (VSO) representative within eighteen months of such
 appointment.  Accreditation  shall  mean  the  authority  granted by the
 United States Department of Veterans  Affairs  to  assist  veterans  and
 their  family  members in the preparation, presentation, and prosecution
 of claims for benefits pursuant to section 5902 of Title 38  U.S.C.  and
 section  14.628 of Title 38 Code of Federal Regulations.  Once an appli-
 cation for accreditation is approved  by  the  General  Counsel  of  the
 United  States Department of Veterans Affairs and the applicant is noti-
 fied of this action, the director of the county or city veterans service
 agency shall file a copy  of  the  accreditation  certificate  from  the
 appropriate  veterans  service organization with the commissioner of the
 department. Such accreditation shall be maintained during  the  duration
 of  his  or  her  status  as  a director of such county or city veterans
 service agency. The commissioner of the department may determine that  a
 satisfactory completion of a course of instruction on veterans' benefits
 approved  by  the  United  States  Department  of  Veterans  Affairs and
 conducted by the department may fulfill the requirements of this  subdi-
 vision.
   (c)  During the time a director is working toward accreditation pursu-
 ant to paragraphs (a) and (b) of this subdivision, such  individual  may
 provide  services  to  veterans  and  their family members as defined in
 section fifteen of this article other than  the  preparation,  presenta-
 tion,  and prosecution of claims for benefits under federal statutes and
 regulations.
   § 15. Powers and duties of local veterans' service  agencies.  1.    A
 local  veterans'  service agency shall have power under the direction of
 the state veterans' service agency, and it shall be its duty  to  inform
 military  and  naval authorities of the United States and assist members
 of the armed forces and veterans, who are residents of this  state,  and
 their  families,  in  relation  to (1) matters pertaining to educational
 training and retraining services and facilities, (2) health, medical and
 A. 8294                            17

 rehabilitation services and facilities, (3) provisions of federal, state
 and local laws and regulations affording special rights  and  privileges
 to  members of the armed forces and war veterans and their families, (4)
 employment  and re-employment services, (5) the process of submitting an
 application for a discharge upgrade to the  discharge  upgrade  advisory
 board,  and (6) other matters of similar, related or appropriate nature.
 The local veterans' service agency may also assist families  of  members
 of  the reserve components of the armed forces and the organized militia
 ordered into active duty to ensure that they are made aware of  and  are
 receiving  all  appropriate  support available to them and are placed in
 contact with the agencies responsible for such support,  including,  but
 not  limited  to,  the  division of military and naval affairs and other
 state agencies responsible for providing such support. The local  veter-
 ans'  service  agency  also  shall  perform  such other duties as may be
 assigned by the state commissioner.
   2. A local veterans' service agency shall utilize, so far as possible,
 the services and facilities of existing officers, offices,  departments,
 commissions,  boards,  bureaus,  institutions  and other agencies of the
 state and of the political subdivisions thereof and  all  such  officers
 and  agencies  shall cooperate with and extend such services and facili-
 ties to the local veterans' service agency as it may require.
   § 16. Location and cost of local veterans'  service  agencies;  deputy
 local directors. 1. A local director shall designate the location of the
 local  and  branch  offices of the local veterans' service agency within
 his or her jurisdiction, which offices shall be open  during  convenient
 hours.  The  cost  of  maintenance  and  operation of a county veterans'
 service agency shall be a county charge and the cost of maintenance  and
 operation  of  a  city  veterans' service agency shall be a city charge,
 excepting that the state commissioner with the approval of the veterans'
 services commission shall allot and pay, from state moneys  made  avail-
 able  to  him or her for such purposes, to each county veterans' service
 agency and each city veterans' service agency, an amount equal to  fifty
 per centum of its expenditures for maintenance and operation approved by
 the  state  commissioner,  provided  that  in  no event shall the amount
 allotted and paid for such approved expenditures incurred in  any  given
 year  exceed (1) in the case of any county veterans' service agency in a
 county having a population of not more than one hundred thousand  or  in
 the  case  of any city veterans' service agency in a city having a popu-
 lation of not more than one hundred thousand, the sum  of  ten  thousand
 dollars, nor (2) in the case of any county veterans' service agency in a
 county  having  a population in excess of one hundred thousand excluding
 the population of any city therein which has a  city  veterans'  service
 agency,  the  sum of ten thousand dollars, and, in addition thereto, the
 sum of five thousand dollars for each one  hundred  thousand,  or  major
 portion  thereof,  of  the  population  of  the  county in excess of one
 hundred thousand excluding the population of any city therein which  has
 a  city veterans' service agency, nor (3) in the case of any city veter-
 ans' service agency in a city having  a  population  in  excess  of  one
 hundred  thousand,  the  sum  of  ten thousand dollars, and, in addition
 thereto, the sum of five thousand dollars for each one hundred thousand,
 or major portion thereof, of the population of the city in excess of one
 hundred thousand. Such population shall be certified in the same  manner
 as provided by section fifty-four of the state finance law.
   2.  The  head  of  a branch office of a local veterans' service agency
 shall be a deputy local director of the local veterans'  service  agency
 who  shall  be  appointed by the local director of the county or city in
 A. 8294                            18
 
 which the branch office is located with the approval  of  the  governing
 body  which  makes  the appropriation for the maintenance of such branch
 office; provided, however, that the head of a branch office of  a  local
 veterans' service agency which operates in and for two or more adjoining
 towns  or adjoining villages in the same county, and hereinafter in this
 article referred to as a consolidated branch office, shall be  appointed
 by  the  local  director  of  the  county  in which the branch office is
 located with the approval of the governing body of each town or  village
 which  makes  an  appropriation  for  or  toward the maintenance of such
 branch office, and any town or village is authorized to  enter  into  an
 agreement  with  an  adjoining  town or an adjoining village in the same
 county, respectively, or with two or more respective adjoining towns  or
 villages  in  the  same county, providing for their joint undertaking to
 appropriate and make available moneys for or toward the  maintenance  of
 such a consolidated branch office.
   §  17.  Local  veterans'  service committees. The same authority which
 appoints a local director shall appoint for each county and city  veter-
 ans'  service  agency  a veterans' service committee to assist the local
 director and shall appoint a chair thereof.  Similar committees  may  be
 appointed  in each village and town where there is a deputy local direc-
 tor by the mayor of such village and the  supervisor  of  such  town  in
 which  the  branch  office of the deputy local director is located or in
 which it operates. A similar committee may also be appointed in any city
 in and for which there is not  established  a  separate  city  veterans'
 service  agency,  and  in and for which there is a deputy local director
 and a branch office of the county veterans'  service  agency;  and  such
 appointment in any case shall be made by the city official authorized to
 appoint a city director in the case of a separate city veterans' service
 agency.
   §  18.  Appropriations  for expenses and activities of local veterans'
 service agencies. Each county and each city of the  state  in  which  is
 established  a  county  veterans'  service  agency  or  a city veterans'
 service agency, as the case may be, is hereby authorized to  appropriate
 and  make  available  to the veterans' service agency of such respective
 county or city, such sums of money as it may deem  necessary  to  defray
 the  expenses and activities of such agency, and the expenses and activ-
 ities of such agencies are hereby declared to be proper county and  city
 purposes  for  which  the  moneys of the county or city may be expended.
 Each city in and for which there is  not  established  a  separate  city
 veterans'  service  agency,  and  each  village and town of the state is
 hereby authorized to appropriate and make available to the deputy  local
 director  heading  the  branch  office  in and for such city, village or
 town, if any, of the county veterans' service agency having jurisdiction
 within such city, village or town, such sums of money  as  it  may  deem
 necessary  to  defray  the salary, expenses and activities of the deputy
 local director heading such branch office in and for such city,  village
 or  town  and  his  or  her  office,  including  the salaries of persons
 employed in such office, and such salaries, expenses and activities  are
 hereby  declared  to be proper city, village and town purposes for which
 the moneys of such cities, villages and  towns  may  be  expended.  Each
 village and town is also authorized to appropriate and make available to
 the  deputy  local  director  heading the consolidated branch office, if
 any, for such village or town and any adjoining village or villages,  or
 town or towns, as the case may be, of the county veterans' service agen-
 cy  having  jurisdiction within such village or town, such sums of money
 as it may determine to defray in part the salary,  expenses  and  activ-
 A. 8294                            19
 
 ities  of  the  deputy  local  director heading such consolidated branch
 office for such village or town and any adjoining village or villages or
 town or towns, as the case may be, including  the  salaries  of  persons
 employed in such consolidated branch office, and such salaries, expenses
 and  activities  are  hereby  declared  to  be  proper  village and town
 purposes for which  the  moneys  of  such  villages  and  towns  may  be
 expended.
   §  19. Women veterans coordinator. 1. Definitions. (a) "Veteran" shall
 have the same meaning as provided in subdivision one of section  twenty-
 two of this article.
   (b)   "Department"  shall  mean  the  state  department  of  veterans'
 services.
   (c) "Women veterans coordinator" shall be a veteran.
   2. Such women veterans coordinator shall be appointed by  the  commis-
 sioner.
   3. Establishment of women veterans coordinator. There is hereby estab-
 lished  within  the department, a "women veterans coordinator" who shall
 work under the direction of the  commissioner  and  whose  duties  shall
 include, but not be limited to, the:
   (a)  identification,  development,  planning, organization and coordi-
 nation of all statewide programs and services to meet the needs of women
 veterans;
   (b) recommendation to the commissioner to ensure compliance  with  all
 existing  department policies and regulations pertaining to the needs of
 women veterans on the state and federal level and  make  recommendations
 regarding the improvement of benefits and services to women veterans;
   (c)  liaison  between  the department, the United States Department of
 Veterans Affairs center for women veterans, the United States Department
 of Veterans Affairs Advisory Committee on Women Veterans, state veterans
 nursing homes, state agencies, community  groups,  advocates  and  other
 veterans and military organizations and interested parties;
   (d) advocating for all women veterans in the state;
   (e) development and maintenance of a clearinghouse for information and
 resources for women veterans;
   (f)  promote  events  and activities that recognize, educate and honor
 women veterans, including but not limited  to  seminars  required  under
 subdivision  six  of  section four of this article, veteran human rights
 conferences,  veterans  benefits  and  resources  events,  and  veterans
 cultural competence training;
   (g)  inclusion of the contributions women veterans have made on behalf
 of the United  States  and  this  state  on  the  department's  official
 website; and
   (h)  preparation  of  reports on topics including, but not limited to,
 the demographics of women veterans, the number of women veterans  listed
 by county, and the unique needs of the women veterans population, to the
 extent  such information is available, to the commissioner on the status
 of women veterans within New York state.
   4. Reports. The women veterans coordinator shall submit  a  report  to
 the  commissioner  each  year  after the effective date of this section.
 Such report shall include, but not be limited to, a description  of  the
 women  veterans  coordinator's  activities for the calendar year and the
 programs developed pursuant to  the  provisions  of  this  section.  The
 commissioner  shall submit the report or a synopsis of the report to the
 governor in accordance with the provisions of section four of this arti-
 cle.
 A. 8294                            20
 
   § 20. Creation of annuity. 1. Payment to veterans. a. Any  veteran  as
 defined  in  this article who has been or is hereafter classified by the
 New York State commission for the visually handicapped as a blind person
 as defined in section three of chapter four hundred fifteen of the  laws
 of  nineteen  hundred  thirteen, as amended, and continues to be a blind
 person within the meaning of that section, shall,  upon  application  to
 the commissioner of the department of veterans' services, be paid out of
 the  treasury  of the state for such term as such veteran shall be enti-
 tled thereto under the provisions of this article, the sum of one  thou-
 sand  dollars  annually,  plus  any  applicable  annual  adjustment,  as
 provided in this section.
   b. The entitlement of  any  veteran  to  receive  the  annuity  herein
 provided  shall  terminate  upon  his or her ceasing to continue to be a
 resident of and domiciled in the state,  but  such  entitlement  may  be
 reinstated  upon  application to the commissioner of veterans' services,
 if such veteran shall thereafter resume his or her residence  and  domi-
 cile in the state.
   c. The effective date of an award of the annuity to a veteran shall be
 the  date  of receipt of the application therefor by the commissioner of
 veterans' services, except that if the  application  is  denied  but  is
 granted  at  a  later date upon an application for reconsideration based
 upon new evidence, the effective date of the award of the annuity  to  a
 veteran  shall be the date of receipt of the application for reconsider-
 ation by the commissioner of veterans' services.
   2. Payment to widows and widowers of blind veterans. a.  The  unremar-
 ried  spouse  of  a  veteran  who heretofore has died or the unremarried
 spouse of a veteran dying hereafter, such veteran being at the  time  of
 her  or  his  death  a recipient of, or eligible for, the benefits above
 provided, shall, upon  application  to  the  commissioner  of  veterans'
 services,  also  be paid out of the treasury of the state the sum of one
 thousand dollars annually, plus any applicable  annual  adjustment,  for
 such term as such unremarried spouse shall be entitled thereto under the
 provisions of this article.
   b.  The  entitlement  of  any  widow or widower to receive the annuity
 herein provided shall terminate upon her or his death or re-marriage  or
 upon her or his ceasing to continue to be a resident of and domiciled in
 the  state  of  New  York,  but  such entitlement may be reinstated upon
 application to the commissioner of veterans' services, if such widow  or
 widower shall thereafter resume her or his residence and domicile in the
 state.
   c. The effective date of an award of the annuity to a widow or widower
 shall  be the day after the date of death of the veteran if the applica-
 tion therefor is received within one year from such date  of  death.  If
 the  application  is  received  after  the  expiration of the first year
 following the date of the death of the veteran, the effective date of an
 award of the annuity to a widow or widower shall be the date of  receipt
 of  the  application  by  the  commissioner of veterans' services. If an
 application is denied but is granted at a later date upon an application
 for reconsideration based upon new evidence, the effective date  of  the
 award  of the annuity to a widow or widower shall be the date of receipt
 of the application for reconsideration by the commissioner of  veterans'
 services.
   3.  Annual  adjustment.  Commencing in the year two thousand five, and
 for each year thereafter, the amount of any annuity payable  under  this
 section shall be the same amount as the annuity payable in the preceding
 year  plus  a  percentage  adjustment  equal  to  the  annual percentage
 A. 8294                            21
 
 increase, if any, for compensation and pension benefits administered  by
 the  United States Department of Veterans' Affairs in the previous year.
 Such percentage increase shall be rounded up to the  next  highest  one-
 tenth  of  one  percent  and shall not be less than one percent nor more
 than four percent. Commencing in the year two thousand five, the  direc-
 tor  of  veterans' services, not later than February first of each year,
 shall publish by any reasonable means  the  amount  of  the  annuity  as
 adjusted payable under this section.
   § 21. Evidence of entitlement. 1. The evidence of such service, blind-
 ness,  residence and domicile, or of such marriage, widowhood, residence
 and domicile in each case shall be furnished  in  the  manner  and  form
 prescribed  by  the commissioner of veterans' services who shall examine
 the same.
   2. Upon being satisfied that such service was  performed,  that  other
 facts  and  statements  in  the  application of such veteran or widow or
 widower are true and that the said veteran has been  classified  by  the
 New  York  state  commission  for  the  visually  handicapped as a blind
 person, where such veteran is not receiving or not entitled to receive a
 benefit from any existing retirement system to  which  the  state  is  a
 contributor, unless such veteran shall have become disabled by reason of
 loss  of  sight,  while  engaged  in  employment entitling him or her to
 receive a benefit from any existing retirement system to which the state
 is a contributor, and as a result of such disability  has  retired  from
 such  employment  and  is  receiving or is entitled to receive a benefit
 from such retirement system the commissioner of veterans' services shall
 certify to the state comptroller the name and address of such veteran or
 widow or widower.
   3. Thereafter the department of  taxation  and  finance,  through  the
 division  of finance, on the audit and warrant of the comptroller, shall
 pay such veteran or widow or widower such sum as is  authorized  by  the
 provisions  of  this article in monthly installments for so long as such
 veteran or widow or widower shall meet the requirements of this article.
   § 22. Persons who may receive annuity. 1. 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 one 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  one  of  this
 article,  and  has  received  a  discharge  other  than  bad  conduct or
 dishonorable from such service, and who (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 January thirty-first, nineteen hundred ninety, or
 (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;
 A. 8294                            22
 
   (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
 released  therefrom under honorable conditions, or (ii) has a qualifying
 condition, as defined in section one 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 one of this
 article, and  has  received  a  discharge  other  than  bad  conduct  or
 dishonorable  from such service, or who served as a United States civil-
 ian 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 one 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 one 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;
 A. 8294                            23
 
   (8)  in the Persian Gulf conflict from the second day of August, nine-
 teen hundred ninety to the end of such conflict.
   b.  The  word "veteran" shall also mean any person who meets the other
 requirements of paragraph a of this subdivision, who  served  on  active
 duty  for less than ninety days, if he or she was discharged or released
 from such service for a service-connected disability or who served for a
 period of ninety consecutive days or more and such period began or ended
 during any war or period of hostilities as defined  in  paragraph  a  of
 this subdivision.
   c. The term "active duty" as used in this article shall mean full time
 duty in the armed forces, other than active duty for training; provided,
 however, that "active duty" shall also include any period of active duty
 for  training during which the individual concerned was disabled or died
 from a disease or injury incurred or aggravated during such period.
   2. No annuity shall be paid under this article to or for a person  who
 is  in prison in a federal, state or local penal institution as a result
 of conviction of a felony or misdemeanor for  any  part  of  the  period
 beginning sixty-one days after his or her imprisonment begins and ending
 when his or her imprisonment ends.
   3.  Where  any  veteran is disqualified for the annuity for any period
 solely by reason of the provisions of subdivision two of  this  section,
 the  commissioner  of veterans' services shall pay to his or her spouse,
 if any, the annuity which such veteran would receive for that period but
 for said subdivision two.
   4. In case an unmarried, divorced or widowed veteran or a widow  of  a
 deceased  annuitant is being furnished hospital treatment, institutional
 or domiciliary care by the United States or the state, the annuity paya-
 ble under this article to such  veteran  or  widow  or  widower  may  be
 discontinued after the first day of the seventh calendar month following
 the  month  of admission of such veteran or widow for treatment or care.
 Payment of such annuity shall be resumed if such  veteran  or  widow  or
 widower  is discharged from the hospital, institution or home, or if his
 or her treatment or care therein is otherwise terminated.
   5. Where payment of the annuity as hereinbefore authorized  is  to  be
 made to a mentally incompetent person or a conservatee, such payment may
 be  authorized by the commissioner of veterans' services of the state to
 be paid only to a duly qualified court-appointed committee or  conserva-
 tor,  legally vested with the care of such incompetent's person or prop-
 erty or of such conservatee's property, except that in the  case  of  an
 incompetent  annuitant  for whom a committee has not been appointed or a
 person under a substantial impairment for whom  a  conservator  has  not
 been  appointed  and  who  is  hospitalized  in a United States veterans
 health administration hospital or in a hospital under  the  jurisdiction
 of  the state of New York, the commissioner of veterans' services of the
 state may in his or her discretion certify payment of  the  annuity,  as
 hereinbefore  authorized,  to the manager of such United States veterans
 health administration hospital or to  the  commissioner  of  such  state
 hospital  for  the  account  of  the  said  incompetent or substantially
 impaired annuitant.
   § 23. New York state veterans' cemeteries. 1. Legislative intent.  The
 legislature finds and determines that the devoted service and  sacrifice
 of  veterans  deserve  important,  unique and eternal recognition by the
 state of New York. That it is by means of the devoted service and sacri-
 fice of veterans that the liberty, freedom and prosperity enjoyed by all
 New Yorkers is maintained and preserved.
 A. 8294                            24
 
   The legislature further finds and  determines  that  to  provide  this
 important,  unique  and eternal recognition, the state shall establish a
 program of New York state veterans' cemeteries in New York. Such program
 shall provide for the construction, establishment,  expansion,  improve-
 ment,  support,  operation,  maintenance  and the provision of perpetual
 care for state veterans' cemeteries in this state, and thereby  for  the
 memorialization and remembrance of individual veterans and their service
 to their community, state and nation.
   The legislature additionally finds and determines that it is therefore
 necessary  to  provide  for the construction and establishment of one or
 more New York  state  veterans'  cemeteries,  and  that  to  thereafter,
 provide  for the expansion, improvement, support, operation, maintenance
 and  the  provision  of  perpetual  care  of  all  such  cemeteries   so
 constructed  and  established. The legislature also finds and determines
 that it is appropriate to have the responsibility for the  construction,
 establishment,  expansion,  improvement, support, operation, maintenance
 and the provision of perpetual care for  veterans'  cemeteries  in  this
 state,  to  be under the oversight and direction of the state department
 of veterans' services, and its commissioner, individually, and as  chair
 of the management board, for each such veterans' cemetery so constructed
 and established.
   2.  The  establishment of the first New York state veterans' cemetery.
 (a) The commissioner shall issue, on behalf of the department, a  public
 request  for  information  for any local government desiring to have the
 first state veterans' cemetery located within its political subdivision.
 Such request shall specify the  type  of  information  to  be  provided,
 including,  at a minimum, a detailed map of the site including potential
 transportation routes, the history of the site, the types of burials the
 site could accommodate, and the estimated number of  veterans  within  a
 seventy-five  mile  radius  of  the  site. Such requests for information
 shall be returnable to the  department  by  no  later  than  sixty  days
 following  the  issuance  of the requests for information.  Requests for
 information issued by and returned to the department shall  be  publicly
 available and posted on the department's website.
   (a-1)  Following  the deadline for the return of requests for informa-
 tion pursuant to paragraph (a) of this subdivision, the  department,  in
 cooperation  with  the United States Department of Veterans Affairs, and
 in consultation with, and upon the support of the  department  of  state
 division  of  cemeteries, is hereby directed to conduct an investigation
 and study on the issue of the  construction  and  establishment  of  the
 first  New  York  state veterans' cemetery. Such investigation and study
 shall include, but not be limited to:
   (i) Potential site locations for such cemetery,  with  full  consider-
 ation  as to the needs of the veterans population; only locations within
 local governments that have submitted a request for information pursuant
 to paragraph (a) of this subdivision shall be considered and  each  such
 submission shall be considered;
   (ii) The size of the cemetery and types of grave sites;
   (iii) The number of annual interments at the cemetery;
   (iv)  Transportation  accessibility to the cemetery by veterans, their
 families and the general public;
   (v) Costs for construction of the cemetery;
   (vi) Costs of operation of the cemetery, including but not limited  to
 staffing costs to maintain the cemetery;
   (vii) Scalability of the cemetery for future growth and expansion;
 A. 8294                            25
 
   (viii)  Potential for funding for the cemetery from federal, local and
 private sources;
   (ix) Cost of maintenance;
   (x) Data on the population that would be served by the site;
   (xi) The average age of the population in the area covered;
   (xii) The mortality rate of the veteran population for the area;
   (xiii) Surrounding land use;
   (xiv) Topography of the land;
   (xv) Site characteristics;
   (xvi) Cost of land acquisition;
   (xvii)  The  location of existing cemeteries including but not limited
 to national veterans' cemeteries,  county  veterans'  cemeteries,  ceme-
 teries  that  have  plots devoted to veterans, not-for-profit cemeteries
 and any other burial ground devoted to veterans and any  other  type  of
 burial  grounds  devoted  to  the  interment of human remains that is of
 public record; and
   (xviii) Such other and  further  items  as  the  commissioner  of  the
 department  deems necessary for the first state veterans' cemetery to be
 successful.
   A report of the investigation and study conclusions shall be delivered
 to the governor, the temporary president of the senate, the  speaker  of
 the assembly and the chair of the senate committee on veterans, homeland
 security  and  military affairs, and the chair of the assembly committee
 on veterans' affairs by no later than one hundred eighty days after  the
 department has commenced the conduct of the investigation and study.
   (a-2)  Upon the completion of the investigation and study, the results
 shall be provided to the selection committee.  The  selection  committee
 shall consist of nine members as follows:
   (i)  The  commissioner of the department of veterans' services, or his
 or her representative;
   (ii) The director of the division of the budget, or his or her  repre-
 sentative;
   (iii)  Three  members  appointed by the governor, two of whom shall be
 veterans;
   (iv) Two members appointed by the temporary president of  the  senate,
 at least one of whom shall be a veteran; and
   (v) Two members appointed by the speaker of the assembly, at least one
 of whom shall be a veteran.
   (a-3)  The  selection  committee  shall be subject to articles six and
 seven of the public officers law. The selection committee shall evaluate
 the results of the study and, upon a majority vote, make a determination
 as to the location of the first state veterans' cemetery. In making this
 determination,  the  committee's  consideration  shall,  at  a  minimum,
 include:
   (i) The findings established by the study;
   (ii)  The  submitted  responses to the requests for information issued
 pursuant to paragraph (a) of this subdivision;
   (iii) The guidelines for receipt of federal funding  specified  in  38
 USC  2408,  38  CFR  39, and any other relevant federal statute or regu-
 lation;
   (iv) The possibility  of  funding  from  private  individuals,  corpo-
 rations, or foundations; and
   (v) Any other consideration that would facilitate the successful oper-
 ation of the first state veterans' cemetery.
   (b) The commissioner of the department, the commissioner of the office
 of  general  services, and the chair of the division of cemeteries shall
 A. 8294                            26
 
 determine the amount of money necessary  to  fund  the  non-reimbursable
 costs  of a state veterans' cemetery, such as operation and maintenance,
 for a period of not less than ten years, provided that such amount shall
 not include monies that would be recoverable by the cemetery pursuant to
 a  charge  of  fee  for  the  provision of a gravesite for a non-veteran
 spouse or eligible dependent. Prior to submitting  any  application  for
 funding  from the government of the United States in accordance with the
 grant requirements specified in 38 USC 2408, 38 CFR 30, and other  rele-
 vant  federal  statutes or regulations, for the purpose of seeking funds
 to support  the  construction,  establishment,  expansion,  improvement,
 support,  operation  or  maintenance of New York state's veterans' ceme-
 teries, the director of the division of the budget and the office of the
 state comptroller must certify to the governor, the temporary  president
 of  the  senate,  the  speaker  of the assembly, the chair of the senate
 finance committee and the chair of the assembly ways and means committee
 that there are sufficient funds to cover such amount;  provided  further
 that such moneys may include the veterans remembrance and cemetery main-
 tenance and operation fund created pursuant to section ninety-seven-mmmm
 of  the  state finance law. In making such a certification, the director
 of the division of the budget and the office of  the  state  comptroller
 shall consider, but are not limited to, the following factors:
   (i)  physical  attributes  of  the  veterans cemetery, including size,
 location, and terrain;
   (ii) staffing costs, cost of equipment and equipment maintenance,  and
 security costs;
   (iii)  relevant  state and federal requirements and specifications for
 interment and perpetual care;
   (iv) estimates provided by the United States  Department  of  Veterans
 Affairs;
   (v)  any other non-reimbursable fiscal cost, charge or assessment that
 would be incurred by the cemetery.
   (c) Once the certification that there are sufficient funds pursuant to
 paragraph (b) of this subdivision has been made, and no later than thir-
 ty days following the selection of the site pursuant to paragraph  (a-3)
 of  this subdivision, the commissioner, in consultation with the manage-
 ment board of  the  first  New  York  state  veterans'  cemetery,  shall
 commence  the application process for funding from the government of the
 United States, in accordance with the grant  requirements  specified  in
 section  2408 of title 38 of the United States code, part 39 of title 38
 of the code of federal regulations, and any other relevant federal stat-
 ute or regulation, for the purpose  of  seeking  funds  to  support  the
 construction, establishment, expansion, improvement, support, operation,
 maintenance  and  the  provision  of  perpetual care of New York state's
 first veterans' cemetery. Such grant application shall  be  based  on  a
 site selected pursuant to paragraph (a-3) of this subdivision, and shall
 be  consistent with the guidelines for receipt of federal funding pursu-
 ant to the relevant provisions of federal law.
   (d) A management board for the first New York state veterans' cemetery
 shall be appointed pursuant to subdivision three of this section.
   (e) The commissioner shall promulgate rules and regulations governing:
   (i) The guidelines and standards for the construction,  establishment,
 expansion,   improvement,   support,   operation,  maintenance  and  the
 provision of perpetual care for a state veterans' cemetery. Such  guide-
 lines shall include, but not be limited to:
   (1) The size and terrain of the cemetery;
 A. 8294                            27
 
   (2)  The  management  and operation of the cemetery, including but not
 limited to:
   (A) Hours of operation;
   (B) Employees, employee relations, and employee duties;
   (C) The conduct and practice of events, ceremonies and programs;
   (D)  The  filing and compliance of the cemetery with state and federal
 regulators; and
   (E) Such other and further operational and  management  practices  and
 procedures  as  the commissioner shall determine to be necessary for the
 successful operation of a state veterans' cemetery.
   (3) The layout of plots;
   (4) The locations of building and infrastructure,  including  but  not
 limited to:
   (A) Electrical lines and facilities;
   (B) Waterlines, irrigation systems, and drainage facilities;
   (C) Trees, flowers and other plantings;
   (D)  Non  gravesite memorials, gravesite memorials, mausoleums, colum-
 barium niches, headstones, grave markers, indoor  interment  facilities,
 committal-service  shelters,  signage,  flag  poles,  and other memorial
 gathering spaces or infrastructure;
   (E) Roadways, pedestrian pathways, parking sites, curbs and curb cuts;
   (F) Ponds, lakes and other water sites;
   (G) Retaining walls, gates, fences, security systems or other  devices
 for cemetery protection; and
   (H)  Any  other  buildings, structures or infrastructure necessary for
 the safe, efficient and effective operation of the cemetery;
   (5) The qualifications for interment, consistent with  the  provisions
 of state and federal law and any requirements pursuant to the receipt of
 federal, state, local or private funds;
   (6) The location and placement of interments;
   (7)  Consistent  with  the provisions of state and federal law and any
 requirements pursuant to the receipt of federal, state, local or private
 funds, the financial management  of  the  cemetery,  including  but  not
 limited to:
   (A)  The procedures for the protection and implementation of the ceme-
 tery's annual budget;
   (B) The seeking, collecting,  deposit  and  expenditure  of  operating
 funds pursuant to the cemetery's budget;
   (C)  The seeking, collecting, deposit and expenditure of capital funds
 pursuant to the cemetery's capital plan;
   (D) The seeking, collecting,  deposit  and  expenditure  of  emergency
 funds to address an unexpected event;
   (E)  The  assessment,  charging,  collection  and  deposit of fees and
 charges;
   (F) The management of cemetery finances, both current and future, with
 respect to investments; and
   (G) Such other and further procedures and  activities  concerning  the
 financial management of the cemetery;
   (8)  The  provision  of perpetual care for the cemetery, including but
 not limited to:
   (A) The frequency, standards and methods for  the  beautification  and
 maintenance  of  grounds,  memorials,  gravesites, buildings, ceremonial
 sites, or other locations within, or upon the curtilage of the cemetery;
   (B) The frequency, standards and methods for the provision  of  flags,
 patriotic  and  military  symbols,  and  other  honorary  items, at each
 gravesite and throughout the cemetery; and
 A. 8294                            28
 
   (C) Such other and further standards as are necessary  to  assure  the
 proper  perpetual care of the cemetery in a manner befitting the highest
 level of honor and respect deserving to those veterans and  their  fami-
 lies interred in the cemetery;
   (9) Guidelines and standards for the procurement of land for the ceme-
 tery  providing  that the state veterans' cemetery, and all the property
 upon which it resides shall be owned in fee simple absolute by the state
 of New York;
   (10) Guidelines and standards for the practices and procedures for the
 construction and establishment of a state veterans' cemetery,  including
 contracting  and  purchasing  for  construction  services,  professional
 services, legal services, architectural services,  consulting  services,
 as  well  as the procurement of materials, all consistent with the rele-
 vant provisions of federal, state and local law, the regulations promul-
 gated thereunder, and the requirements contained in the  grants  awarded
 or  pursued  from the federal government, or any source of private fund-
 ing;
   (11) Guidelines and standards for the practices and procedures for the
 expansion and improvement  of  a  state  veterans'  cemetery,  including
 contracting  and  purchasing  for  construction  services,  professional
 services, legal services, architectural services,  consulting  services,
 as  well  as the procurement of materials, all consistent with the rele-
 vant provisions of federal, state and local law, the regulations promul-
 gated thereunder, and the requirements contained in the  grants  awarded
 or  pursued  from the federal government, or any source of private fund-
 ing;
   (12) Any other guidelines and  standards  that  would  facilitate  the
 successful construction, establishment, expansion, improvement, support,
 operation, maintenance and the provision of perpetual care for the state
 veterans' cemetery;
   (ii)  Guidelines  and  standards  for any local government desiring to
 have the first state veterans' cemetery  located  within  its  political
 subdivision, including, but not limited to:
   (1)  The  requirement  that  the local government will comply with all
 state and federal statutes and regulations concerning the  construction,
 establishment,  expansion,  improvement, support, operation, maintenance
 and the provision of perpetual care of the state veterans' cemetery, and
 shall satisfy any and all applicable state  and  federal  standards  and
 requirements for the perpetual care of the state veterans' cemetery;
   (2) That the state veterans' cemetery, and all the property upon which
 it  resides  shall  be  owned in fee simple absolute by the state of New
 York;
   (3) That all lands upon which such cemetery is constructed and  estab-
 lished  shall  be used solely for state veterans' cemetery purposes, and
 for the purpose of providing the honor and remembrance of  veterans  and
 their service through ceremonies and programs;
   (4)  Such  other and further requirements as the commissioner may deem
 prudent in the facilitation of the successful siting and operation of  a
 state  veterans'  cemetery  in the jurisdiction of the local government;
 and
   (iii) Such other and further guidelines and standards as are necessary
 for the successful construction, establishment, expansion,  improvement,
 support,  operation, maintenance and the provision of perpetual care for
 a state veterans' cemetery.
   (f) Upon the approval of the application for funding from the  govern-
 ment of the United States, made pursuant to paragraph (c) of this subdi-
 A. 8294                            29
 
 vision,  the  commissioner, upon consultation with the management board,
 shall commence the process of  construction  and  establishment  of  the
 first  state  veterans'  cemetery. Such process shall be consistent with
 the  relevant  provisions of local, state and federal law, and the rules
 and regulations established pursuant to paragraph (e) of  this  subdivi-
 sion.
   3.  Management  boards of New York state veterans' cemeteries. (a) For
 each New York state veterans'  cemetery  there  shall  be  a  management
 board. Each such management board shall consist of nine members, includ-
 ing  the  commissioner  of  the department 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  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  oper-
 ations  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 presi-
 dent 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 thea-
 ter 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 reim-
 bursed  for  their  actual  and  necessary  expenses,  including  travel
 expenses  incurred  in performance 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.
   (b)  The  management board shall advise, by majority vote, the commis-
 sioner on issues concerning the construction, establishment,  expansion,
 improvement,  support,  operation,  maintenance  and  the  provision  of
 perpetual care for the veterans' cemetery, including but not limited  to
 issues  of  financial  concern,  employment  relations, cemetery policy,
 cemetery events and programs, and such other and further issues  as  the
 board and commissioner shall deem important.
   4. Additional state veterans' cemeteries. (a) Not later than ten years
 after  the  construction  and  establishment of the first New York state
 veterans' cemetery, and every ten years thereafter, the  department,  in
 cooperation with the United States Department of Veterans Affairs, shall
 conduct  an investigation and study on the issue of the construction and
 establishment of additional New York state  veterans'  cemeteries.  Such
 investigation and study shall consider, but not be limited to, the study
 parameters  established  pursuant to paragraph (a) of subdivision two of
 this section. A report of the investigation and  study  required  to  be
 conducted  pursuant to this subdivision shall be delivered to the gover-
 nor, the temporary president of the senate, the speaker of the  assembly
 and the chair of the senate committee on veterans, homeland security and
 military  affairs,  and the chair of the assembly committee on veterans'
 affairs, by no later than ninety days after the department has commenced
 the conduct of the investigation and study;
   (b) The report of the investigation and study required to be conducted
 pursuant to this subdivision shall provide a determination by the direc-
 tor as to whether the state should construct and establish one  or  more
 A. 8294                            30
 
 additional veterans' cemeteries, and shall state the reasoning and basis
 for such determination; and
   (c)  The department may, at the discretion of the commissioner, at any
 time after five years from the completion of construction  of  the  most
 recently  constructed and established state veterans' cemetery, in coop-
 eration with the United States Department of Veterans  Affairs,  conduct
 an  investigation  and study on the issue of the construction and estab-
 lishment of additional New York state veterans' cemeteries. A report  of
 the  investigation and study required to be conducted shall be delivered
 to the governor, the temporary president of the senate, the  speaker  of
 the assembly and the chair of the senate committee on veterans, homeland
 security  and  military affairs, and the chair of the assembly committee
 on veterans' affairs, by no later than ninety days after the  department
 has commenced the conduct of the investigation and study.
   (d)  If  the  commissioner,  pursuant  to  the investigation and study
 conducted pursuant to this subdivision, determines that there  shall  be
 an  additional  state  veterans' cemetery in New York state, the commis-
 sioner shall provide for the construction and establishment of such  new
 veterans' cemetery pursuant to the same guidelines and standards for the
 construction  and  establishment  of  the first state veterans' cemetery
 under this section.
   5. Expansion and improvement of existing state  veterans'  cemeteries.
 The  commissioner,  in consultation with the management board of a state
 veterans' cemetery, may provide for the expansion and/or improvement  of
 the  cemetery.  Such  expansion  and  improvement  shall be conducted in
 accordance with the rules and regulations of the department under  para-
 graph (e) of subdivision two of this section.
   §  24.  Veterans  health  screening.  1.  As  used in this section: a.
 "Eligible member" means a member of the New York army national guard  or
 the  New  York air national guard who served in the Persian Gulf War, as
 defined in 38 USC 101, or in an area designated as a combat zone by  the
 president  of  the  United  States  during Operation Enduring Freedom or
 Operation Iraqi Freedom;
   b. "Veteran" means a person, male or female, resident of  this  state,
 who  has  served  in  the  active  military, naval or air service of the
 United States during a time of war in which the  United  States  engaged
 and  who has been released from such service otherwise than by dishonor-
 able discharge, or who has been furloughed to the reserve;
   c. "Military physician" includes a physician  who  is  under  contract
 with  the  United  States  department  of  defense  to provide physician
 services to members of the armed forces; and
   d. "Depleted uranium" means uranium containing less  uranium-235  than
 the naturally occurring distribution of uranium isotopes.
   2.  On  and  after  February  first,  two thousand seven, the adjutant
 general and the state commissioner shall assist any eligible  member  or
 veteran  who  has  been experiencing health problems.  Such problems may
 include exposure to toxic materials or harmful physical agents  such  as
 depleted  uranium. An eligible member or veteran who has been assigned a
 risk level I, II or III for depleted uranium  exposure  by  his  or  her
 branch of service, is referred by a military physician, or has reason to
 believe  that  he or she was exposed to toxic materials or harmful phys-
 ical agents such as depleted uranium during such service,  in  obtaining
 federal  treatment  services.  Such  treatment shall include, but not be
 limited to, a best  practice  health  screening  test  for  exposure  to
 depleted  uranium using a bioassay procedure involving sensitive methods
 capable of detecting depleted uranium at  low  levels  and  the  use  of
 A. 8294                            31
 
 equipment  with the capacity to discriminate between different radioiso-
 topes in naturally occurring levels of uranium  and  the  characteristic
 ratio and marker for depleted uranium. As more scientific reliable tests
 become  available such test shall be included in the treatment protocol.
 No state funds shall be used to pay for such tests or such other federal
 treatment services.
   3. On or before February  first,  two  thousand  seven,  the  adjutant
 general shall submit a report to the chair of the senate veterans, home-
 land security and military affairs committee and the chair of the assem-
 bly  veterans'  affairs  committee on the scope and adequacy of training
 received by members of the New York army national guard and the New York
 air national guard  on  detecting  whether  their  service  as  eligible
 members  is  likely  to  entail,  or to have entailed, exposure to toxic
 materials or harmful physical agents such  as  depleted  uranium.    The
 report shall include an assessment of the feasibility and cost of adding
 predeployment training concerning potential exposure to depleted uranium
 and  other  toxic  chemical  substances  and the precautions recommended
 under combat and noncombat conditions  while  in  a  combat  theater  or
 combat zone of operations.
   §  25.  Payment  to parents of veterans. 1. Annuity established. (a) A
 parent, identified in 10 USC 1126 as a gold star parent,  of  a  veteran
 who  heretofore has died or a parent of a veteran dying hereafter, shall
 upon application to the state commissioner, be paid  an  annual  annuity
 out of the treasury of the state for the sum of five hundred dollars for
 such  term as such parent shall be entitled thereto under the provisions
 of this article. Commencing in  the  year  two  thousand  nineteen,  the
 amount  of  any  annuity  payable  under  this section shall be the same
 amount as the annuity payable in the preceding year  plus  a  percentage
 adjustment  equal to the annual percentage increase, if any, for compen-
 sation and pension benefits administered by the United States Department
 of Veterans Affairs in the previous year. Such percentage increase shall
 be rounded up to the next highest one-tenth of one percent and shall not
 be less than one percent nor more than four percent. The commissioner of
 veterans' services, not later than February first of  each  year,  shall
 publish by any reasonable means, including but not limited to posting on
 the  department's website, the amount of the annuity as adjusted payable
 under this section. The term "parent" for the purposes of  this  section
 includes mother, father, stepmother, stepfather, mother through adoption
 and father through adoption.
   (b)  The  entitlement of any parent to receive the annuity provided by
 paragraph (a) of this subdivision shall terminate upon his or her  death
 or upon his or her ceasing to continue to be a resident of and domiciled
 in  the  state  of New York, but such entitlement may be reinstated upon
 application to the state commissioner, if such parent  shall  thereafter
 resume his or her residence and domicile in the state.
   (c) The effective date of an award of the annuity to a parent shall be
 the day after the date of death of the veteran if the application there-
 for  is received within one year from date of death.  If the application
 is received after the expiration of the first year following the date of
 the death of the veteran, the effective date of an award of the  annuity
 to a parent shall be the date of receipt of the application by the state
 commissioner.  If  the  application  is denied but is granted at a later
 date upon an application for reconsideration based  upon  new  evidence,
 the  effective date of the award of the annuity to a parent shall be the
 date of the receipt of the application for reconsideration by the  state
 commissioner.
 A. 8294                            32
 
   (d)  Any  applicant  convicted  of  making  any false statement in the
 application for the annuity shall be subject to penalties prescribed  in
 the penal law.
   2.  Qualifications.  (a)  Any gold star parent, who is the parent of a
 deceased veteran, and who is a resident of and domiciled in the state of
 New York, shall make application to the department.
   (b) No entitlement shall be paid under this section to or for  a  gold
 star  parent who is in prison in a federal, state, or local penal insti-
 tution as a result of conviction of a felony or misdemeanor for any part
 of the period beginning sixty-one days after  his  or  her  imprisonment
 begins and ending with his or her release.
   (c) Where one or more gold star parents are disqualified for the annu-
 ity  for  a  period  under  paragraph (b) of this subdivision, the state
 commissioner shall pay the shares of such disqualified  parents  to  the
 other parents, if they meet the qualifications on their own.
   (d)  The  decision  of the state commissioner on matters regarding the
 payment of such annuity shall be final.
   3. Method of payment. (a) Evidence of  the  military  service  of  the
 deceased  veteran  of  the  gold  star  parent  for  each  case shall be
 furnished in the manner and form prescribed by the state commissioner.
   (b) Upon being satisfied that such service was honorable,  that  other
 facts  and  statements  in  the application of such gold star parent are
 true, the state commissioner shall certify to the state comptroller  the
 name and address of such gold star parent.
   (c)  Thereafter,  the department of taxation and finance, on the audit
 and warrant of the comptroller, shall pay such gold star parent such sum
 as is authorized by  the  provisions  of  this  section  in  semi-annual
 installments  for  so long as such qualified gold star parent shall meet
 the requirements of this section.
   4. Report. The state commissioner shall submit a report to the  gover-
 nor,  the  chair  of  the senate finance committee, and the chair of the
 assembly ways and means committee not later than  January  fifteenth  of
 each  year this section is in effect. Such report shall include, but not
 be limited to regulations promulgated pursuant to this  section,  and  a
 description and evaluation of the program.
   § 26. Cremated remains of a veteran. The cremated remains of a veteran
 may  be  disposed  of  pursuant  to  the provisions of section forty-two
 hundred three of the public health law.
   § 27. New York state silver rose  veterans  service  certificate.  The
 commissioner,  in  consultation  with  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  "New  York  State  Silver  Rose
 Veterans  Service  Certificate",  bearing  a suitable inscription to any
 person:
   1. who is a citizen of the state of New York; or
   2. who was a citizen of the state of New York  while  serving  in  the
 armed  forces  of  the United States, and who while serving in the armed
 forces of the United States, or the organized militia on active duty was
 exposed to dioxin or phenoxy herbicides, as evinced by a medical diagno-
 sis of a disease associated with dioxin or phenoxy herbicides,  and  any
 other proof determined by the adjutant general to be necessary; or
   3.  who  was  honorably discharged or released under honorable circum-
 stances.
   Not more than one New York state  silver  rose  veterans  certificates
 shall  be awarded or presented, under the provisions of this section, to
 any person whose entire service subsequent to the time of the receipt of
 A. 8294                            33
 
 such certificate shall not have been honorable.  In  the  event  of  the
 death  of any person during or subsequent to the receipt of such certif-
 icate it shall be presented to such representative of  the  deceased  as
 may  be  designated. The commissioner, in consultation with the adjutant
 general, shall make such rules and regulations as may be  deemed  neces-
 sary for the proper presentation and distribution of such certificates.
 
                                 ARTICLE 2
                          VETERANS EMPLOYMENT ACT
 Section 30. Short title.
         31. Legislative findings.
         32. Definitions.
         33. Temporary hiring.
         34. Department of civil services responsibilities.
         35. Regulations.
   § 30. Short title. This article shall be known and may be cited as the
 "veterans employment act".
   §  31.  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
 veterans for  temporary  appointments  in  state  agencies  rather  than
 utilizing  temporary  employment  service  companies in order to provide
 employment opportunities for returning military veterans.
   § 32. Definitions. As used in this article:
   1. "State agency" shall mean any department, board, bureau,  division,
 commission,  council or committee within the executive branch, the state
 university of New York, the city university of New York, and all  public
 authorities under the control of the executive branch.
   2.  "Temporary appointment" shall have the same meaning as provided in
 section sixty-four of the civil service law.
   3. "Veteran" shall mean an individual who served on active duty in the
 United States army, navy, marine corps, air 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.
 A. 8294                            34
 
   4. "Veteran temporary hiring list" shall mean a hiring list maintained
 by the department of civil service.
   §  33.  Temporary  hiring. Notwithstanding any provision of law to the
 contrary, a state agency shall select a veteran from the veteran  tempo-
 rary  hiring  list  when  making  a  temporary appointment provided such
 veteran possesses the applicable skills needed for the temporary assign-
 ment.
   § 34. Department of civil services responsibilities. The department of
 civil service shall:
   1. establish and maintain a veteran temporary hiring list, for use  by
 state agencies in the implementation of this article;
   2.  assist  state agencies by making available services of the depart-
 ment of civil service to facilitate the provisions of this article; and
   3. establish and maintain,  together  with  the  commissioner  of  the
 department  of  veterans'  services,  a  program  to  educate separating
 service members as to the benefits  available  to  veterans  under  this
 article.
   § 35. Regulations. The president of the state civil service commission
 shall  promulgate  such  rules  and regulations as shall be necessary to
 implement the provisions of this article.
 
                                 ARTICLE 3
        PARTICIPATION BY SERVICE-DISABLED VETERANS WITH RESPECT TO
                              STATE CONTRACTS
 Section 40. Definitions.
         41. Division of service-disabled veterans' business development.
         42. Opportunities for certified  service-disabled  veteran-owned
               business enterprises.
         43. Severability.
   §  40. Definitions. As used in this article, the following terms shall
 have the following meanings:
   1.  "Certified  service-disabled  veteran-owned  business  enterprise"
 shall mean a business enterprise, including a sole proprietorship, part-
 nership, limited liability company or corporation that is:
   (a)  at  least fifty-one percent owned by one or more service-disabled
 veterans;
   (b) an enterprise in which such service-disabled veteran ownership  is
 real, substantial, and continuing;
   (c) an enterprise in which such service-disabled veteran ownership has
 and  exercises  the  authority  to  control independently the day-to-day
 business decisions of the enterprise;
   (d) an enterprise authorized to do business in this state and is inde-
 pendently-owned and operated;
   (e) an enterprise that is a small business  which  has  a  significant
 business  presence  in the state, not dominant in its field and employs,
 based on its industry, a certain number of persons as determined by  the
 director,  but  not  to  exceed three hundred, taking into consideration
 factors which include, but are not limited to,  federal  small  business
 administration  standards pursuant to 13 CFR part 121 and any amendments
 thereto; and
   (f) certified by the office of general services.
   2. "Commissioner" shall mean the commissioner of the office of general
 services.
   3. "Director" shall mean the director of the division of service-disa-
 bled veterans' business development.
 A. 8294                            35
 
   4. "Division" shall mean the division  of  service-disabled  veterans'
 business development in the office of general services.
   5. "Service-disabled veteran" shall mean (a) in the case of the United
 States  army, navy, air 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.
   6. "State agency" shall mean: (a)(i) any state department; or (ii) any
 division, board, commission or bureau of any state department; or  (iii)
 the  state  university  of New York and the city university of New York,
 including all their constituent units except community colleges and  the
 independent  institutions  operating  statutory  or contract colleges on
 behalf of the state; or (iv) a board, a majority of  whose  members  are
 appointed by the governor or who serve by virtue of being state officers
 or  employees as defined in subparagraph (i), (ii) or (iii) of paragraph
 (i) of subdivision one of section seventy-three of the  public  officers
 law.
   (b)  a  "state authority" as defined in subdivision one of section two
 of the public authorities law, and the following:
   Albany County Airport Authority;
   Albany Port District Commission;
   Alfred, Almond, Hornellsville Sewer Authority;
   Battery Park City Authority;
   Cayuga County Water and Sewer Authority;
   (Nelson A. Rockefeller) Empire State Plaza Performing Arts Center
   Corporation;
   Industrial Exhibit Authority;
   Livingston County Water and Sewer Authority;
   Long Island Power Authority;
   Long Island Rail Road;
   Long Island Market Authority;
   Manhattan and Bronx Surface Transit Operating Authority;
   Metro-North Commuter Railroad;
   Metropolitan Suburban Bus Authority;
   Metropolitan Transportation Authority;
   Natural Heritage Trust;
   New York City Transit Authority;
   New York Convention Center Operating Corporation;
   New York State Bridge Authority;
   New York State Olympic Regional Development Authority;
   New York State Thruway Authority;
   Niagara Falls Public Water Authority;
   Niagara Falls Water Board;
   Port of Oswego Authority;
   Power Authority of the State of New York;
   Roosevelt Island Operating Corporation;
   Schenectady Metroplex Development Authority;
   State Insurance Fund;
 A. 8294                            36
 
   Staten Island Rapid Transit Operating Authority;
   State University Construction Fund;
   Syracuse Regional Airport Authority;
   Triborough Bridge and Tunnel Authority;
   Upper Mohawk valley regional water board;
   Upper Mohawk valley regional water finance authority;
   Upper Mohawk valley memorial auditorium authority;
   Urban Development Corporation and its subsidiary corporations.
   (c)  the  following only to the extent of state contracts entered into
 for its own account or for the benefit of a state agency as  defined  in
 paragraph (a) or (b) of this subdivision:
   Dormitory Authority of the State of New York;
   Facilities Development Corporation;
   New York State Energy Research and Development Authority;
   New York State Science and Technology Foundation.
   (d)  "state  contract" shall mean: (i) a written agreement or purchase
 order instrument, providing for a total expenditure in excess  of  twen-
 ty-five  thousand  dollars, whereby a contracting agency is committed to
 expend or does expend funds in return for labor, services including  but
 not  limited  to  legal,  financial  and  other  professional  services,
 supplies, equipment, materials or any combination of the  foregoing,  to
 be  performed  for,  or rendered or furnished to the contracting agency;
 (ii) a written agreement in  excess  of  one  hundred  thousand  dollars
 whereby a contracting agency is committed to expend or does expend funds
 for the acquisition, construction, demolition, replacement, major repair
 or  renovation  of  real  property and improvements thereon; and (iii) a
 written agreement in excess of one hundred thousand dollars whereby  the
 owner of a state assisted housing project is committed to expend or does
 expend funds for the acquisition, construction, demolition, replacement,
 major repair or renovation of real property and improvements thereon for
 such project.
   7. "Veteran" shall mean a person who served in 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 one 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 one of this chapter,  and
 has  received  a  discharge  other than bad conduct or dishonorable from
 such service.
   § 41. Division of service-disabled veterans' business development.  1.
 The head of the division of service-disabled veterans' business develop-
 ment  shall  be  the director who shall be appointed by the governor and
 who shall hold office at the pleasure of the commissioner.
   2. The director may  appoint  such  deputies,  assistants,  and  other
 employees  as may be needed for the performance of the duties prescribed
 herein subject to the provisions of the civil service law and the  rules
 and  regulations  of  the  civil  service  commission.  The director may
 request and shall receive from  any  (i)  department,  division,  board,
 bureau,  or executive commission of the state or (ii) state agency, such
 assistance as may be necessary to carry out the provisions of this arti-
 cle.
   3. The director shall have the following powers and duties:
   (a) Develop, collect, summarize and disseminate information that  will
 be  helpful  to persons and organizations throughout the state in under-
 A. 8294                            37
 
 taking or promoting the establishment  and  successful  operation  of  a
 service-disabled veteran-owned business.
   (b) Develop and make available to state agencies a directory of certi-
 fied  service-disabled  veteran-owned  business enterprises which shall,
 wherever practicable, be divided into  categories  of  labor,  services,
 supplies,  equipment,  materials  and recognized construction trades and
 which shall indicate areas or locations of the state where  such  enter-
 prises are available to perform services. Such directory shall be posted
 on the office of general services website.
   (c) Assist state agencies in the development of programs to foster and
 promote  the  use of service-disabled veteran-owned business enterprises
 on state contracts.
   (d) Coordinate the plans, programs and operations of the state govern-
 ment which affect or may contribute to the  establishment,  preservation
 and development of service-disabled veteran-owned business enterprises.
   (e)  To  appoint independent hearing officers who by contract or terms
 of employment shall preside over adjudicatory hearings pursuant to  this
 section for the office and who are assigned no other work by the office.
   (f)  In  conjunction  with  the  commissioner, develop a comprehensive
 statewide plan and operational guidelines  to  promote  service-disabled
 veteran-owned  business  enterprises  and  to  assist  them in obtaining
 opportunities to participate in the procurement of goods and services by
 the state, including  identification  of  barriers  to  service-disabled
 veterans' business development and investigation and evaluation of their
 impact on achieving the objectives of this article.
   4. The commissioner shall:
   (a)  Coordinate  training  of all procurement personnel of state agen-
 cies, emphasizing increased sensitivity and responsiveness to the unique
 needs and requirements of service-disabled veteran-owned business enter-
 prises.
   (b) Conduct a coordinated review of all existing  and  proposed  state
 training  and  technical  assistance activities in direct support of the
 service-disabled  veterans'  business  development  program  to   assure
 consistency with the objectives of this article.
   (c)  Evaluate  and  assess  availability  of  firms for the purpose of
 increasing participation of such firms in state contracting in consulta-
 tion with relevant state entities including, but not limited to, the New
 York state department of veterans' services.
   (d) Provide advice and technical assistance to  promote  service-disa-
 bled veteran-owned business enterprises' understanding of state procure-
 ment  laws,  practices  and  procedures  to  facilitate and increase the
 participation of service-disabled veteran-owned business enterprises  in
 state procurement.
   (e)  Establish  regular performance reporting systems regarding imple-
 mentation of the programs designed to increase  service-disabled  veter-
 an-owned  business participation in procurement contracts by state agen-
 cies.
   (f) Submit a report by the thirty-first of December each year, to  the
 governor,  the  temporary  president  of  the senate, the speaker of the
 assembly and the chairpersons of the senate finance  and  assembly  ways
 and  means  committees. Such report shall include information including,
 but not limited to, the number of contracts  entered  into  pursuant  to
 this  article,  the  average  amount  of  such  contracts, the number of
 service-disabled  veteran-owned  business  enterprises  certified,   the
 number  of applications for certification as a service-disabled veteran-
 owned business enterprise, the number of denials for such certification,
 A. 8294                            38
 
 the number of appeals of such denials, and the outcome of  such  appeals
 and  the  average  time  that  is  required for such certification to be
 completed. Also to be included shall be the  level  of  service-disabled
 veteran-owned  businesses  participating  in each agency's contracts for
 goods and services and on activities of the division and efforts by each
 contracting agency to promote utilization of  service-disabled  veteran-
 owned  businesses and to promote and increase participation by certified
 service-disabled  veteran-owned  businesses  with   respect   to   state
 contracts and subcontracts to such businesses. Such report may recommend
 new activities and programs to effectuate the purposes of this article.
   5. Certification. (a) The director, or in the absence of the director,
 the commissioner, within ninety days of the effective date of this arti-
 cle, shall promulgate rules and regulations providing for the establish-
 ment  of  a  statewide  certification  program including rules and regu-
 lations governing the  approval,  denial,  or  revocation  of  any  such
 certification.  Such  rules  and  regulations  shall include, but not be
 limited to, such matters as may be required to ensure  that  the  estab-
 lished  procedures  thereunder  shall at least be in compliance with the
 code of fair procedure set forth in section seventy-three of  the  civil
 rights law.
   (b)  The  division  of service-disabled veterans' business development
 shall be responsible for verifying businesses as being owned,  operated,
 and  controlled  by  a  service-disabled veteran and for certifying such
 verified businesses. Status as a service-disabled  veteran  pursuant  to
 paragraph  (a)  of this subdivision shall be documented by a copy of the
 veteran's certificate of release or discharge from active duty,  includ-
 ing  but  not  limited  to,  a  DD-214  form  or  an  honorable  service
 certificate/report of casualty from the Department of Defense, a  letter
 of  certification by the United States Department of Veterans Affairs or
 the United States Department of Defense and any  additional  information
 that may be required by the division of service-disabled veterans' busi-
 ness  development.  In  the  case  of the New York guard or the New York
 naval militia and/or reserves  thereof,  status  as  a  service-disabled
 veteran pursuant to this paragraph shall be documented pursuant to rules
 and  regulations  promulgated  by the director, or in the absence of the
 director, the commissioner.
   (c) Following application for certification pursuant to this  section,
 the  director  shall  provide  the  applicant with written notice of the
 status of the application, including notice of any outstanding deficien-
 cies, within thirty days. Within sixty days of  submission  of  a  final
 completed  application,  the  director  shall provide the applicant with
 written notice of a determination by the director approving  or  denying
 such  certification  and,  in the event of a denial, a statement setting
 forth the reasons for such  denial.  Upon  a  determination  denying  or
 revoking  certification, the business enterprise for which certification
 has been so denied or revoked shall, upon written  request  made  within
 thirty days from receipt of notice of such determination, be entitled to
 a  hearing  before  an  independent  hearing officer designated for such
 purpose by the director. In the event that a request for  a  hearing  is
 not  made  within  such  thirty-day  period, such determination shall be
 deemed to be final. The independent  hearing  officer  shall  conduct  a
 hearing  and upon the conclusion of such hearing, issue a written recom-
 mendation to the director to affirm, reverse, or  modify  such  determi-
 nation  of  the director. Such written recommendation shall be issued to
 the parties. The director, within thirty days, by  order,  must  accept,
 reject  or  modify  such  recommendation  of the hearing officer and set
 A. 8294                            39
 
 forth in writing the reason therefor. The director shall serve a copy of
 such order and reasons therefor upon the business enterprise by personal
 service or by certified mail return receipt requested. The order of  the
 director shall be subject to review pursuant to article seventy-eight of
 the civil practice law and rules.
   (d) All certifications shall be valid for a period of five years.
   § 42. Opportunities for certified service-disabled veteran-owned busi-
 ness  enterprises. 1.   The director, or in the absence of the director,
 the commissioner, within ninety days of the effective date of this arti-
 cle shall promulgate rules and regulations for the following purposes:
   (a) provide measures and procedures to ensure that certified  service-
 disabled veteran-owned business enterprises are afforded the opportunity
 for  meaningful  participation in the performance of state contracts and
 to assist in state agencies' identification of those state contracts for
 which certified service-disabled veteran-owned business enterprises  may
 best perform;
   (b)  provide for measures and procedures that assist state agencies in
 the identification of state  contracts  where  service-disabled  veteran
 contract  goals  are practical, feasible and appropriate for the purpose
 of increasing the utilization of service-disabled veteran-owned business
 enterprise participation on state contracts;
   (c) achieve a statewide goal for participation on state  contracts  by
 service-disabled veteran-owned business enterprises of six percent;
   (d)  provide  for  procedures  relating  to  submission and receipt of
 applications by service-disabled veteran-owned business enterprises  for
 certification;
   (e)  provide  for  the monitoring and compliance of state contracts by
 state agencies with respect to the provisions of this article;
   (f) provide for the requirement that  state  agencies  submit  regular
 reports,  as  determined by the director, with respect to their service-
 disabled veteran-owned business enterprise program  activity,  including
 but  not limited to, utilization reporting and state contract monitoring
 and compliance;
   (g) notwithstanding any provision of the state finance law, the public
 buildings law, the highway law, the transportation  law  or  the  public
 authorities  law  to the contrary, provide for the reservation or set-a-
 side of certain procurements by state agencies in order to  achieve  the
 objectives  of  this  article; provided, however, that such procurements
 shall remain subject to (i) priority of preferred  sources  pursuant  to
 sections  one hundred sixty-two and one hundred sixty-three of the state
 finance law; (ii) the approval of the comptroller of the  state  of  New
 York  pursuant  to  section  one  hundred twelve and section one hundred
 sixty-three of the state finance law and  section  twenty-eight  hundred
 seventy-nine-a  of the public authorities law; and (iii) the procurement
 record requirements pursuant to  paragraph  g  of  subdivision  nine  of
 section one hundred sixty-three of the state finance law; and
   (h) provide for any other purposes to effectuate this article.
   2.  State  agencies shall administer the rules and regulations promul-
 gated by the director for the implementation of this article.
   § 43. Severability. If any clause,  sentence,  paragraph,  section  or
 part  of this article shall be adjudged by any court of competent juris-
 diction to be invalid, the judgment shall not affect, impair or  invali-
 date  the  remainder  thereof, but shall be confined in its operation to
 the clause, sentence, paragraph, section or part of this article direct-
 ly involved in the controversy in which the  judgment  shall  have  been
 rendered.
 A. 8294                            40
 
   §  3.  Paragraph  a  of  subdivision 3 of section 14-a of the domestic
 relations law, as separately amended by section 27 of part AA of chapter
 56 and chapter 177 of the laws of 2019, is amended to read as follows:
   a.  No  fee  shall be charged for any certificate when required by the
 United States department  of  veterans  affairs  or  by  the  [division]
 DEPARTMENT  of veterans' services of the state of New York to be used in
 determining the eligibility of any person to participate in the benefits
 made available by the United States department of veterans affairs or by
 the state of New York.
   § 4. Subdivision 1 of section 19 of the  domestic  relations  law,  as
 amended  by  section 28 of part AA of chapter 56 of the laws of 2019, is
 amended to read as follows:
   1. Each town  and  city  clerk  hereby  empowered  to  issue  marriage
 licenses shall keep a book supplied by the state department of health in
 which  such clerk shall record and index such information as is required
 therein, which book shall be kept and preserved as a part of the  public
 records  of  his  or  her  office. Whenever an application is made for a
 search of such records the city or town clerk, excepting the city  clerk
 of  the city of New York, may make such search and furnish a certificate
 of the result to the applicant upon the payment of a fee of five dollars
 for a search of one year and a further fee of one dollar for the  second
 year  for  which such search is requested and fifty cents for each addi-
 tional year thereafter, which fees shall be  paid  in  advance  of  such
 search.  Whenever an application is made for a search of such records in
 the city of New York, the city clerk of the city of New  York  may  make
 such  search  and  furnish  a certificate of the result to the applicant
 upon the payment of a fee of five dollars for a search of one year and a
 further fee of one dollar for  the  second  year  for  which  search  is
 requested and fifty cents each additional year thereafter. Notwithstand-
 ing any other provision of this article, no fee shall be charged for any
 search  or  certificate when required by the United States department of
 veterans affairs or by the [division] DEPARTMENT of  veterans'  services
 of  the  state  of New York to be used in determining the eligibility of
 any person to participate in the benefits made available by  the  United
 States  department  of veterans affairs or by the state of New York. All
 such affidavits, statements and consents, immediately upon the taking or
 receiving of the same by the town or city clerk, shall be  recorded  and
 indexed  as  provided  herein  and  shall  be public records and open to
 public inspection whenever the same may be  necessary  or  required  for
 judicial  or  other  proper  purposes. At such times as the commissioner
 shall direct, the said town or city clerk, excepting the city  clerk  of
 the  city  of New York, shall file in the office of the state department
 of health the original of each affidavit, statement, consent, order of a
 justice  or  judge  authorizing  immediate  solemnization  of  marriage,
 license and certificate, filed with or made before such clerk during the
 preceding  month.  Such  clerk shall not be required to file any of said
 documents with the state department  of  health  until  the  license  is
 returned  with  the  certificate showing that the marriage to which they
 refer has been actually performed.
   The county clerks of the counties comprising  the  city  of  New  York
 shall  cause  all  original  applications and original licenses with the
 marriage solemnization statements thereon heretofore  filed  with  each,
 and  all  papers and records and binders relating to such original docu-
 ments pertaining to marriage licenses issued  by  said  city  clerk,  in
 their  custody  and possession to be removed, transferred, and delivered
 to the borough offices of the city clerk in each of said counties.
 A. 8294                            41
 
   § 5. Subdivision 1 of section 3308 of the education law, as amended by
 section 29 of part AA of chapter 56 of the laws of 2019, is  amended  to
 read as follows:
   1. Each member state shall, through the creation of a state council or
 use of an existing body or board, provide for the coordination among its
 agencies  of government, local educational agencies and military instal-
 lations concerning the state's participation in,  and  compliance  with,
 this  compact  and  interstate  commission  activities. In New York, the
 state council shall include the commissioner or his or her designee, the
 [director] COMMISSIONER of the New York state [division]  DEPARTMENT  of
 veterans'  services  or his or her designee, the adjutant general of the
 state of New York or his or her designee, a superintendent of  a  school
 district with a high concentration of military children appointed by the
 commissioner, a district superintendent of schools of a board of cooper-
 ative  educational services serving an area with a high concentration of
 military children appointed by the commissioner, a representative from a
 military installation appointed by the  governor,  a  representative  of
 military  families  appointed by the governor, a public member appointed
 by the governor and one representative each appointed by the speaker  of
 the assembly, the temporary president of the senate and the governor.
   §  6. Subdivision 1 of section 6505-c of the education law, as amended
 by section 30 of part AA of chapter 56 of the laws of 2019,  is  amended
 to read as follows:
   1. The commissioner shall develop, jointly with the [director] COMMIS-
 SIONER  of the [division] DEPARTMENT of veterans' services, a program to
 facilitate articulation between participation in the military service of
 the United States or the military service of the state and admission  to
 practice  of  a  profession. The commissioner and the [director] COMMIS-
 SIONER OF VETERANS' SERVICES shall identify, review and evaluate profes-
 sional training programs offered through either the military service  of
 the  United States or the military service of the state which may, where
 applicable, be accepted by the department as  equivalent  education  and
 training  in  lieu  of  all  or  part of an approved program. Particular
 emphasis shall be placed on  the  identification  of  military  programs
 which have previously been deemed acceptable by the department as equiv-
 alent education and training, programs which may provide, where applica-
 ble,  equivalent  education and training for those professions which are
 critical to public health and safety and  programs  which  may  provide,
 where   applicable,   equivalent   education   and  training  for  those
 professions for which shortages exist in the state of New York.
   § 7. The opening paragraph of section 5-211 of the  election  law,  as
 separately  amended  by  chapters  587  and  672 of the laws of 2019, is
 amended to read as follows:
   Each agency designated as a participating agency under the  provisions
 of this section shall implement and administer a program of distribution
 of  voter registration forms pursuant to the provisions of this section.
 The following offices which provide  public  assistance  and/or  provide
 state funded programs primarily engaged in providing services to persons
 with  disabilities are hereby designated as voter registration agencies:
 designated as the state agencies which provide public assistance are the
 office of children and family services,  the  office  of  temporary  and
 disability  assistance  and the department of health. Also designated as
 public assistance agencies are all agencies  of  local  government  that
 provide  such  assistance.  Designated  as  state  agencies that provide
 programs primarily engaged in providing services to people with disabil-
 ities are the department of labor,  office  for  the  aging,  [division]
 A. 8294                            42
 
 DEPARTMENT  of  veterans'  services,  office of mental health, office of
 vocational and educational services for individuals  with  disabilities,
 commission  on  quality  of  care  for the mentally disabled, office for
 people with developmental disabilities, commission for the blind, office
 of  [alcoholism  and  substance  abuse  services] ADDICTION SERVICES AND
 SUPPORTS, the office of the advocate for the disabled  and  all  offices
 which  administer programs established or funded by such agencies. Addi-
 tional participating agencies designated as voter  registration  offices
 are  the  department  of  state and the district offices of the workers'
 compensation board. Such agencies  shall  be  required  to  offer  voter
 registration  forms  to  persons  upon initial application for services,
 renewal or recertification for  services  and  upon  change  of  address
 relating  to  such services. Such agencies shall also be responsible for
 providing assistance to  applicants  in  completing  voter  registration
 forms,  receiving  and  transmitting the completed application form from
 all applicants who wish to have such form transmitted to the appropriate
 board of elections. The state board of elections  shall,  together  with
 representatives  of the United States department of defense, develop and
 implement procedures for including  recruitment  offices  of  the  armed
 forces  of  the  United  States  as voter registration offices when such
 offices are so designated by federal law.  The state board of  elections
 shall also make request of the United States Citizenship and Immigration
 Services to include applications for registration by mail with any mate-
 rials which are given to new citizens.
   §  8.  Subdivision 3 of section 11-0707 of the environmental conserva-
 tion law, as amended by chapter 322 of the laws of 2021, is  amended  to
 read as follows:
   3.  Any  person  who  is a patient at any facility in this state main-
 tained by the United States Veterans Health  Administration  or  at  any
 hospital  or  sanitorium for treatment of tuberculosis maintained by the
 state or any municipal corporation thereof or resident  patient  at  any
 institution  of the department of Mental Hygiene, or resident patient at
 the rehabilitation hospital of the department of Health, or at any  rest
 camp maintained by the state through the [Division] DEPARTMENT of Veter-
 ans' Services [in the Executive Department] or any incarcerated individ-
 ual of a conservation work camp within the youth rehabilitation facility
 of  the  department  of  corrections  and  community supervision, or any
 incarcerated individual of a youth opportunity or  youth  rehabilitation
 center  within  the Office of Children and Family Services, any resident
 of a nursing home or residential health  care  facility  as  defined  in
 subdivisions  two  and  three of section twenty-eight hundred one of the
 public health law, or any staff  member  or  volunteer  accompanying  or
 assisting  one  or  more  residents  of such nursing home or residential
 health care facility on an outing authorized  by  the  administrator  of
 such  nursing  home or residential health care facility may take fish as
 if he or she held a fishing license, except that he or she may not  take
 bait  fish  by  net  or  trap,  if he or she has on his or her person an
 authorization upon a form furnished by the  department  containing  such
 identifying information and data as may be required by it, and signed by
 the  superintendent  or other head of such facility, institution, hospi-
 tal, sanitarium, nursing home, residential health care facility or  rest
 camp,  as  the case may be, or by a staff physician thereat duly author-
 ized so to do by the superintendent or other head thereof. Such authori-
 zation with respect to incarcerated  individuals  of  said  conservation
 work camps shall be limited to areas under the care, custody and control
 of the department.
 A. 8294                            43
 
   §  9.  Subdivisions  8,  9  and 10 of section 31 of the executive law,
 subdivision 8 as amended by section 2 of part AA of chapter  56  of  the
 laws  of  2019,  subdivision 9 as amended by section 106 of subpart B of
 part C of chapter 62 of the laws of 2011 and subdivision 10  as  amended
 by section 8 of part O of chapter 55 of the laws of 2012, are amended to
 read as follows:
   8. [The division of veterans' services.
   9.] The division of homeland security and emergency services.
   [10.] 9. Office of information technology services.
   § 10. Subdivision 1 of section 191 of the executive law, as amended by
 section  3  of  part AA of chapter 56 of the laws of 2019, is amended to
 read as follows:
   1. There is hereby established within the  division  of  military  and
 naval  affairs  a  temporary  advisory  committee on the restoration and
 display of New York state's military battle flags (hereinafter  referred
 to  as  the  "committee").  The committee shall have thirteen members as
 follows: the adjutant general, the director of the New York state  mili-
 tary  heritage  museum, the commissioners of education and parks, recre-
 ation and historic preservation and the [director] COMMISSIONER  of  the
 [division]  DEPARTMENT of veterans' services, or their designated repre-
 sentatives, two members appointed each by the governor, speaker  of  the
 assembly and majority leader of the senate and one member each appointed
 by  the  minority  leaders of the senate and assembly and shall serve at
 the pleasure  of  the  appointing  authority.  Appointed  members  shall
 include individuals with experience in restoration of historical memora-
 bilia,  expertise  in  military  history,  or a background in historical
 restoration or fine arts conservation. No appointed member  shall  be  a
 member  of  the  executive,  legislative or judicial branch of the state
 government at the time of his/her appointment.  The  advisory  committee
 shall  meet  at  least  four  times a year. No members shall receive any
 compensation, but members who are not state officials may receive actual
 and necessary expenses incurred in the performance of their duties.
   § 11. Subdivision 1 of section 643 of the executive law, as amended by
 section 14 of part AA of chapter 56 of the laws of 2019, is  amended  to
 read as follows:
   1.  As  used  in this section, "crime victim-related agency" means any
 agency of state government which provides services to or deals  directly
 with  crime  victims,  including  (a)  the office of children and family
 services, the office for the aging, the [division] DEPARTMENT of  veter-
 ans'  services,  the  office of probation and correctional alternatives,
 the department of corrections and community supervision, the  office  of
 victim  services,  the department of motor vehicles, the office of voca-
 tional rehabilitation, the workers' compensation board,  the  department
 of  health,  the  division  of  criminal justice services, the office of
 mental health, every transportation authority and the division of  state
 police,  and  (b)  any other agency so designated by the governor within
 ninety days of the effective date of this section.
   § 12. Section 99-v of the general municipal law, as amended by section
 25 of part AA of chapter 56 of the laws of 2019, is amended to  read  as
 follows:
   §  99-v. Veterans services; display of events. Each county, city, town
 or village may adopt a local law to  provide  a  bulletin  board  to  be
 conspicuously  displayed  in such county, city, town or village building
 holding its local legislative body or municipal offices.  Such  bulletin
 board shall be used by veterans organizations, the New York state [divi-
 sion]  DEPARTMENT  of  veterans'  services,  the county veterans service
 A. 8294                            44
 
 agency or city veterans service agency to display information  regarding
 veterans  in  such  county,  city, town or village. Such information may
 include, but not be limited to, benefits or  upcoming  veterans  related
 events in the community.
   §  13.  Subdivision  1  of section 168 of the labor law, as amended by
 chapter 322 of the laws of 2021, is amended to read as follows:
   1. This section shall apply to all persons employed by  the  state  in
 the  ward,  cottage,  colony, kitchen and dining room, and guard service
 personnel in any hospital, school, prison, reformatory or other institu-
 tion within or subject to  the  jurisdiction,  supervision,  control  or
 visitation  of  the department of corrections and community supervision,
 the department of health, the department of mental hygiene, the  depart-
 ment  of  social  welfare  or  the  [division]  DEPARTMENT  of veterans'
 services [in the executive department], and engaged in  the  performance
 of  such duties as nursing, guarding or attending the incarcerated indi-
 viduals, patients, wards or other persons kept or housed in such  insti-
 tutions,  or  in  protecting  and  guarding the buildings and/or grounds
 thereof, or in preparing or serving food therein.
   § 14. Paragraph 5 of subdivision (b) of section  5.06  of  the  mental
 hygiene  law,  as  amended by section 31 of part AA of chapter 56 of the
 laws of 2019, is amended to read as follows:
   (5) one member appointed on the recommendation of the state [director]
 COMMISSIONER of the [division] DEPARTMENT of veterans' services and  one
 member  appointed  on  the recommendation of the adjutant general of the
 division of military and naval affairs, at least one of whom shall be  a
 current  or  former  consumer of mental health services or substance use
 disorder services who is a veteran who has served in a combat theater or
 combat zone of operations and is a member of a veterans organization;
   § 15. Subdivision (l) of section 7.09 of the mental  hygiene  law,  as
 added by chapter 378 of the laws of 2019, is amended to read as follows:
   (l)  Notwithstanding  any  general or special law to the contrary, the
 commissioner, in conjunction with the commissioner  of  [alcoholism  and
 substance abuse services] ADDICTION SERVICES AND SUPPORTS and the direc-
 tor  of  the [division] DEPARTMENT of veterans' services shall develop a
 public education initiative designed to eliminate stigma and misinforma-
 tion about mental illness  and  substance  use  among  service  members,
 veterans,  and their families, improve their understanding of mental and
 substance use disorders and the existence of  effective  treatment,  and
 provide  information  regarding  available  resources  and how to access
 them. These public education initiatives may  include  the  use  of  the
 internet, including the use of social networking sites.
   § 16. Subdivision (g) of section 202 of the not-for-profit corporation
 law,  as  amended  by section 33 of part AA of chapter 56 of the laws of
 2019, is amended to read as follows:
   (g) Every corporation receiving any kind of state funding shall ensure
 the provision on any form required to be  completed  at  application  or
 recertification for the purpose of obtaining financial assistance pursu-
 ant to this chapter, that the application form shall contain a check-off
 question asking whether the applicant or recipient or a member of his or
 her family served in the United States military, and an option to answer
 in  the  affirmative.  Where  the  applicant or recipient answers in the
 affirmative to  such  question,  the  not-for-profit  corporation  shall
 ensure  that  contact information for the state [division] DEPARTMENT of
 veterans' services is provided to such applicant or recipient  in  addi-
 tion to any other materials provided.
 A. 8294                            45
 
   §  17.  Subdivision  (b)  of section 1401 of the not-for-profit corpo-
 ration law, as amended by section 34 of part AA of  chapter  56  of  the
 laws of 2019, is amended to read as follows:
   (b)  Removal  of  remains from private cemeteries to other cemeteries.
 The supervisor of any town containing a private cemetery may remove  any
 body interred in such cemetery to any other cemetery within the town, if
 the  owners  of  such  cemeteries  and  the  next of kin of the deceased
 consent to such removal. The owners of a private cemetery may remove the
 bodies interred therein to any other cemetery within such  town,  or  to
 any  cemetery  designated  by the next of kin of the deceased. Notice of
 such removal shall be given  within  twenty  days  before  such  removal
 personally  or  by  certified mail to the next of kin of the deceased if
 known and to the clerk and historian of the county in  which  such  real
 property  is  situated  and  notice shall be given to the New York state
 department of state, division of cemeteries. If any of the deceased  are
 known  to  be  veterans,  the  owners  shall  also notify the [division]
 DEPARTMENT of veterans' services. In the absence of the next of kin, the
 county clerk, county historian or the [division] DEPARTMENT of veterans'
 services may act as a guardian to ensure proper reburial.
   § 18. Subdivision 2 of section 3802  of  the  public  health  law,  as
 amended  by  section 23 of part AA of chapter 56 of the laws of 2019, is
 amended to read as follows:
   2. In the exercise of the foregoing powers and duties the commissioner
 shall consult with the [director] COMMISSIONER of the [division] DEPART-
 MENT of veterans' services and the heads of state agencies charged  with
 responsibility for manpower and health resources.
   §  19.  Subdivision  3  of  section  3803 of the public health law, as
 amended by section 24 of part AA of chapter 56 of the laws of  2019,  is
 amended to read as follows:
   3.  In  exercising  any  of  his or her powers under this section, the
 commissioner shall consult with appropriate health  care  professionals,
 providers,  veterans  or organizations representing them, the [division]
 DEPARTMENT of veterans' services, the United States department of veter-
 ans affairs and the United States defense department.
   § 20. Paragraph (j) of subdivision 3  of  section  20  of  the  social
 services  law,  as amended by section 32 of part AA of chapter 56 of the
 laws of 2019, is amended to read as follows:
   (j) to ensure the provision, on any form required to be  completed  at
 application  or  recertification  for the purpose of obtaining financial
 assistance pursuant to this chapter, the form shall contain a  check-off
 question asking whether the applicant or recipient or a member of his or
 her family served in the United States military, and an option to answer
 in  the  affirmative.  Where  the  applicant or recipient answers in the
 affirmative to such question, the office  of  temporary  and  disability
 assistance  shall  ensure  that contact information for the state [divi-
 sion] DEPARTMENT of veterans' services is provided to such applicant  or
 recipient addition to any other materials provided.
   §  21.  Subdivisions 3 and 4 of section 95-f of the state finance law,
 as amended by section 15 of part AA of chapter 56 of the laws  of  2019,
 are amended to read as follows:
   3. Monies of the fund shall be expended for the provision of veterans'
 counseling  services provided by local veterans' service agencies pursu-
 ant to section [three hundred fifty-seven] FOURTEEN of  the  [executive]
 VETERANS'  SERVICES law under the direction of the [division] DEPARTMENT
 of veterans' services.
 A. 8294                            46
 
   4. To the extent  practicable,  the  [director]  COMMISSIONER  of  the
 [division] DEPARTMENT of veterans' services shall ensure that all monies
 received  during  a  fiscal  year  are expended prior to the end of that
 fiscal year.
   §  22.  The  opening paragraph of subdivision 2-a and subdivision 5 of
 section 97-mmmm of the state finance law, as amended by  section  16  of
 part  AA  of  chapter  56  of  the  laws of 2019, are amended to read as
 follows:
   On or before the first day  of  February  each  year,  the  [director]
 COMMISSIONER  of  the  New York state [division] DEPARTMENT of veterans'
 services shall provide a written report to the  temporary  president  of
 the senate, speaker of the assembly, chair of the senate finance commit-
 tee, chair of the assembly ways and means committee, chair of the senate
 committee  on veterans, homeland security and military affairs, chair of
 the assembly veterans' affairs committee, the state comptroller and  the
 public.  Such  report  shall  include  how  the  monies of the fund were
 utilized during the preceding calendar year, and shall include:
   5. Moneys shall be payable from the fund on the audit and  warrant  of
 the  comptroller  on  vouchers  approved and certified by the [director]
 COMMISSIONER of the [division] DEPARTMENT of veterans' services.
   § 23. The opening paragraph of subdivision 2-a and  subdivision  4  of
 section  99-v of the state finance law, as amended by section 17 of part
 AA of chapter 56 of the laws of 2019, are amended to read as follows:
   On or before the first day  of  February  each  year,  the  [director]
 COMMISSIONER  of  the  New York state [division] DEPARTMENT of veterans'
 services shall provide a written report to the  temporary  president  of
 the senate, speaker of the assembly, chair of the senate finance commit-
 tee, chair of the assembly ways and means committee, chair of the senate
 committee  on veterans, homeland security and military affairs, chair of
 the assembly veterans' affairs committee, the state comptroller and  the
 public.  Such  report  shall  include  how  the  monies of the fund were
 utilized during the preceding calendar year, and shall include:
   4. Moneys of the fund shall be expended only for  the  assistance  and
 care  of homeless veterans, for housing and housing-related expenses, as
 determined by the [division] DEPARTMENT of veterans' services.
   § 24. Subdivision 1 of section 20 of chapter 784 of the laws of  1951,
 constituting  the  New  York  state defense emergency act, as amended by
 section 38 of part AA of chapter 56 of the laws of 2019, is  amended  to
 read as follows:
   1.  There  is  hereby  continued in the division of military and naval
 affairs in the executive department a state civil defense commission  to
 consist  of the same members as the members of the disaster preparedness
 commission as established in article two-B  of  the  executive  law.  In
 addition,  the  superintendent of financial services, the chairperson of
 the workers' compensation board and the [director] COMMISSIONER  of  the
 [division] DEPARTMENT of veterans' services shall be members. The gover-
 nor  shall  designate  one  of  the  members of the commission to be the
 chairperson thereof. The commission may provide for  its  division  into
 subcommittees  and  for action by such subcommittees with the same force
 and effect as action by the full commission. The members of the  commis-
 sion,  except  for  those  who  serve ex officio, shall be allowed their
 actual and necessary expenses  incurred  in  the  performance  of  their
 duties  under  this article but shall receive no additional compensation
 for services rendered pursuant to this article.
 A. 8294                            47
 
   § 25. Paragraph 2 of subdivision b of section 31-102 of  the  adminis-
 trative  code  of the city of New York, as amended by section 39 of part
 AA of chapter 56 of the laws of 2019, is amended to read as follows:
   2.  links  to websites describing veteran employment services provided
 by the federal government and New York state government, including,  but
 not  limited  to, the websites of the United States department of labor,
 the New York state department of labor, the United States department  of
 veterans affairs, and the New York state [division] DEPARTMENT of veter-
 ans' services; and
   §  26.  Subdivision a of section 3102 of the New York city charter, as
 amended by section 40 of part AA of chapter 56 of the laws of  2019,  is
 amended to read as follows:
   a.  Except  as  otherwise provided by law, the commissioner shall have
 such powers as provided by the  [director]  COMMISSIONER  of  the  state
 DEPARTMENT  veterans' [service agency] SERVICES' and shall have the duty
 to inform military and naval authorities of the United States and assist
 members of the armed forces and veterans, who are residents of the city,
 and their families, in relation to: (1)  matters  pertaining  to  educa-
 tional  training  and  retraining  services  and facilities, (2) health,
 medical and rehabilitation service and  facilities,  (3)  provisions  of
 federal,  state  and local laws and regulations affording special rights
 and privileges to members of the armed forces  and  veterans  and  their
 families,  (4)  employment  and  re-employment  services,  and (5) other
 matters of similar, related  or  appropriate  nature.  The  commissioner
 shall  also  assist families of members of the reserve components of the
 armed forces and the organized  militia  ordered  into  active  duty  to
 ensure  that  they  are  made aware of and are receiving all appropriate
 support available to them. The department also shall perform such  other
 duties  as  may  be assigned by the state [director] COMMISSIONER of the
 [division] DEPARTMENT of veterans' services.
   § 27. Subdivision 1 of section  143  of  the  state  finance  law,  as
 amended  by  chapter  96  of  the  laws  of  2019, is amended to read as
 follows:
   1. Notwithstanding  any  inconsistent  provision  of  any  general  or
 special law, the board, division, department, bureau, agency, officer or
 commission  of  the  state  charged with the duty of preparing plans and
 specifications for and awarding  or  entering  into  contracts  for  the
 performance  of  public  work  may require the payment of a fixed sum of
 money, not exceeding one hundred dollars, for each copy  of  such  plans
 and  specifications, by persons or corporations desiring a copy thereof.
 Any person or corporation desiring a copy of such plans  and  specifica-
 tions and making the deposit required by this section shall be furnished
 with one copy of the plans and specifications. Notwithstanding the fore-
 going,  where  payment  is  required  it shall be waived upon request by
 minority- and women-owned business  enterprises  certified  pursuant  to
 article  fifteen-A  of the executive law or by service-disabled veteran-
 owned business enterprises certified pursuant to  article  [seventeen-B]
 THREE  of  the [executive] VETERANS' SERVICES law. Such payment may also
 be waived when such plans and  specifications  are  made  available  and
 obtained  electronically  or in any non-paper form from the board, divi-
 sion, department, bureau, agency, officer or commission of the state.
   § 28. Paragraph j of subdivision 1  and  subdivisions  6  and  6-d  of
 section  163  of  the state finance law, paragraph j of subdivision 1 as
 amended by chapter 569 of the laws of 2015, subdivision 6 as amended  by
 chapter  257 of the laws of 2021 and subdivision 6-d as added by chapter
 96 of the laws of 2019, are amended to read as follows:
 A. 8294                            48
 
   j. "Best value" means the basis for awarding contracts for services to
 the offerer which optimizes quality, cost and efficiency, among  respon-
 sive and responsible offerers. Such basis shall reflect, wherever possi-
 ble, objective and quantifiable analysis. Such basis may also identify a
 quantitative  factor  for  offerers that are small businesses, certified
 minority- or women-owned business enterprises as defined in subdivisions
 one, seven, fifteen and twenty of section three hundred ten of the exec-
 utive law or  service-disabled  veteran-owned  business  enterprises  as
 defined in subdivision one of section [three hundred sixty-nine-h] FORTY
 of  the  [executive]  VETERANS' SERVICES law to be used in evaluation of
 offers for awarding of contracts for services.
   6. Discretionary buying thresholds. Pursuant to guidelines established
 by the state procurement council: the commissioner may purchase services
 and commodities for the office of general services or its customer agen-
 cies serviced by the office of general services business services center
 in an amount not exceeding eighty-five thousand dollars without a formal
 competitive process; state agencies may purchase  services  and  commod-
 ities in an amount not exceeding fifty thousand dollars without a formal
 competitive  process;  and  state  agencies  may purchase commodities or
 services from small business concerns or  those  certified  pursuant  to
 [articles]  ARTICLE fifteen-A [and seventeen-B] of the executive law AND
 ARTICLE THREE OF THE VETERANS' SERVICES LAW, or commodities or technolo-
 gy that are recycled or remanufactured in an amount not  exceeding  five
 hundred  thousand  dollars  without a formal competitive process and for
 commodities that are food, including  milk  and  milk  products,  grown,
 produced  or  harvested in New York state in an amount not to exceed two
 hundred thousand dollars, without a formal competitive process.
   6-d. Pursuant to the authority provided in  subdivision  six  of  this
 section,  state agencies shall report annually on a fiscal year basis by
 July first of the ensuing year to the director of the division of minor-
 ity and women-owned business development  the  total  number  and  total
 value  of  contracts awarded to businesses certified pursuant to article
 fifteen-A of the executive law, and with respect to contracts awarded to
 businesses certified pursuant to  article  [seventeen-B]  THREE  of  the
 [executive] VETERANS' SERVICES law such information shall be reported to
 the  division of service-disabled veteran-owned business enterprises for
 inclusion in their respective annual reports.
   § 29. Paragraph (f) of subdivision 5 of section 87 of the cannabis law
 is amended to read as follows:
   (f) "Service-disabled veterans" shall  mean  persons  qualified  under
 article [seventeen-B] THREE of the [executive] VETERANS' SERVICES law.
   §  30.  Subdivision  6  of section 224-d of the labor law, as added by
 section 2 of part AA of chapter 56 of the laws of 2021,  is  amended  to
 read as follows:
   6.  Each  owner  and  developer  subject  to  the requirements of this
 section shall comply with the objectives and goals of certified minority
 and women-owned business enterprises pursuant to  article  fifteen-A  of
 the  executive  law  and  certified service-disabled veteran-owned busi-
 nesses pursuant to article [seventeen-B] THREE of the [executive] VETER-
 ANS' SERVICES law. The department in consultation with  the  [directors]
 COMMISSIONER  of  the division of minority and women's business develop-
 ment and THE DIRECTOR of  the  division  of  service-disabled  veterans'
 business  development  shall  make  training  and resources available to
 assist minority and women-owned business enterprises  and  service-disa-
 bled  veteran-owned  business  enterprises  on  covered renewable energy
 systems to achieve and maintain compliance with prevailing wage require-
 A. 8294                            49
 
 ments. The department shall make such training and  resources  available
 online  and  shall  afford minority and women-owned business enterprises
 and service-disabled veteran-owned business enterprises  an  opportunity
 to submit comments on such training.
   §  31.  Subdivision 3 of section 103-a of the state technology law, as
 added by chapter 427 of the laws of 2017, is amended to read as follows:
   3. The director shall  conduct  an  outreach  campaign  informing  the
 public  of  the  iCenter and shall conduct specific outreach to minority
 and women-owned  business  enterprises  certified  pursuant  to  article
 fifteen-A of the executive law, small businesses as such term is defined
 in  section  one hundred thirty-one of the economic development law, and
 service disabled veteran owned business enterprises  certified  pursuant
 to article [seventeen-B] THREE of the [executive] VETERANS' SERVICES law
 to inform such businesses of iCenter initiatives.
   §  32. Section 831 of the county law, as amended by chapter 490 of the
 laws of 2019, 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]  ONE  of  the  [executive] VETERANS' SERVICES 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] ONE
 of  the  [executive]  VETERANS'  SERVICES  law, and received a discharge
 other than bad conduct or dishonorable. The expense thereof shall  be  a
 county charge.
   § 33. 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, 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] ONE of the [executive]   VETER-
 ANS'  SERVICES  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] ONE of the [executive]
 VETERANS' SERVICES law, and has received  a  discharge  other  than  bad
 conduct or dishonorable from such service.
   §  34.  Paragraph 1 of subdivision (a) of section 42 of the correction
 law, as amended by chapter 322 of the laws of 2021, 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]  ONE  of the [executive] VETERANS' SERVICES law, and has
 received a discharge other than bad conduct or  dishonorable  from  such
 A. 8294                            50
 
 service,  or  (iii)  is a discharged LGBT veteran, as defined in section
 [three hundred fifty] ONE of the [executive] VETERANS' SERVICES 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
 incarcerated individual  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  resi-
 dential  center operated by such office. In addition, the governor shall
 designate one of the full-time members other than the  [chairman]  CHAIR
 of the commission as [chairman] CHAIR of the council to serve as such at
 the pleasure of the governor.
   §  35.  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-
 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] ONE of the [executive]
 VETERANS' SERVICES 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] ONE of the  [execu-
 tive]  VETERANS'  SERVICES  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.
   §  36.  Paragraph  (b)  of  subdivision  1  of section 75 of the civil
 service law, as amended by chapter 490 of the laws of 2019,  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
 A. 8294                            51
 
 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
 circumstances from the armed forces of the United States  including  (i)
 having  a  qualifying  condition  as  defined  in section [three hundred
 fifty] ONE of the [executive] VETERANS' SERVICES 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]  ONE  of  the  [executive]  VETERANS'  SERVICES 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  secre-
 tary, cashier or deputy of any official or department, or
   § 37. Paragraph (a) and subparagraph 2 of paragraph (b) of subdivision
 1  of  section 85 of the civil service law, as amended by chapter 490 of
 the laws of 2019, are 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]  ONE  of  the  [executive]  VETERANS'
 SERVICES  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]  ONE  of  the  [executive]
 VETERANS' SERVICES 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.
   (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
 A. 8294                            52
 
 released  therefrom under honorable circumstances or (ii) has a qualify-
 ing condition, as defined in section [three hundred fifty]  ONE  of  the
 [executive]  VETERANS'  SERVICES 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] ONE
 of the [executive] VETERANS' SERVICES 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  circumstances  or
 (v)  has  a  qualifying  condition, as defined in section [three hundred
 fifty] ONE of the [executive] VETERANS' SERVICES 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] ONE of the [executive] VETERANS' SERVICES 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 veter-
 ans' administration as receiving disability payments  upon  the  certif-
 ication  of  such  veterans' administration for a disability incurred by
 him OR HER in such service on or before the date that world  war  II  is
 declared terminated.
   §  38.  Section 86 of the civil service law, as amended by chapter 490
 of the laws of 2019, 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]  ONE  of  the  [executive]  VETERANS'  SERVICES 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] ONE of the [executive] VETERANS' SERVICES 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 eight-
 y-five of this chapter, or by an exempt volunteer 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  compen-
 sation  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 firefighter are abolished
 and a lesser number of vacancies in similar  positions  exist  to  which
 transfer  may  be  made,  the  veterans or exempt volunteer firefighters
 whose positions are abolished shall be  entitled  to  transfer  to  such
 vacancies  in  the  order  of their original appointment in the service.
 A. 8294                            53
 
 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 encompassed by section
 eighty-a of this chapter.
   §  39. Section 13-b of the domestic relations law, as amended by chap-
 ter 306 of the laws of 2021, is amended to read as follows:
   § 13-b. Time within which marriage may be solemnized. A marriage shall
 not be solemnized within twenty-four hours after  the  issuance  of  the
 marriage  license, unless authorized by an order of a court of record as
 hereinafter provided, nor shall it be solemnized after sixty  days  from
 the  date  of  the  issuance  of  the marriage license unless authorized
 pursuant to section [three hundred fifty-four-d] TEN of the  [executive]
 VETERANS'  SERVICES  law.  Every  license to marry hereafter issued by a
 town or city clerk, in addition to other requirements specified by  this
 chapter, must contain a statement of the day and the hour the license is
 issued  and  the  period during which the marriage may be solemnized. It
 shall be the duty of the clergyman or magistrate performing the marriage
 ceremony, or if the marriage is solemnized by written contract,  of  the
 judge  before  whom the contract is acknowledged, to annex to or endorse
 upon the marriage license the date and hour the marriage is  solemnized.
 A  judge  or  justice  of  the supreme court of this state or the county
 judge of the county in which either party to be married resides, or  the
 judge  of  the  family  court of such county, if it shall appear from an
 examination of the license and any other proofs submitted by the parties
 that one of the parties is in danger of imminent death, or by reason  of
 other  emergency  public interest will be promoted thereby, or that such
 delay will work irreparable injury or great hardship upon the  contract-
 ing  parties, or one of them, may, make an order authorizing the immedi-
 ate solemnization of the marriage and upon filing such  order  with  the
 clergyman  or  magistrate  performing  the  marriage ceremony, or if the
 marriage is to be solemnized by written contract, with the judge  before
 whom  the  contract  is  acknowledged,  such clergyman or magistrate may
 solemnize such marriage, or such judge may take such  acknowledgment  as
 the  case  may be, without waiting for such three day period and twenty-
 four hour period to elapse. The clergyman, magistrate or judge must file
 such order with the town or city clerk who  issued  the  license  within
 five days after the marriage is solemnized. Such town or city clerk must
 record and index the order in the book required to be kept by him or her
 for recording affidavits, statements, consents and licenses, and when so
 recorded  the  order  shall  become a public record and available in any
 prosecution under this section. A person who shall solemnize a  marriage
 in  violation  of this section shall be guilty of a misdemeanor and upon
 conviction thereof shall be punished by a fine of fifty dollars for each
 offense, and in addition thereto,  his  or  her  right  to  solemnize  a
 marriage shall be suspended for ninety days.
   §  40.  Paragraph  c  of subdivision 1 of section 360 of the education
 law, as amended by chapter 490 of the laws of 2019, 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
 A. 8294                            54
 
 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 OR HER 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
 qualifying condition, as defined in section [three hundred fifty] ONE of
 the  [executive]  VETERANS'  SERVICES  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] ONE
 of  the [executive] VETERANS' SERVICES law, and has received a discharge
 other than bad conduct or dishonorable from such service.
   § 41. The opening paragraph of subdivision 6, subdivision 7, paragraph
 c of subdivision 9, and paragraph a  of  subdivisions  10  and  10-a  of
 section  503 of the education law, as amended by chapter 490 of the laws
 of 2019, are 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] ONE of the [executive] VETER-
 ANS' SERVICES 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] ONE of  the  [executive]
 VETERANS'  SERVICES  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 Trans-
 portation 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 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 over-
 A. 8294                            55
 
 seas 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
 (iv)  who  was  discharged  or released therefrom under honorable condi-
 tions, or (v) has a qualifying condition, as defined in  section  [three
 hundred  fifty]  ONE  of the [executive] VETERANS' SERVICES 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] ONE of the [executive] VETERANS' SERVICES 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 (vii) was discharged  or  released  therefrom  under
 honorable  conditions,  or (viii) has a qualifying condition, as defined
 in section [three  hundred  fifty]  ONE  of  the  [executive]  VETERANS'
 SERVICES  law,  and  has  received a discharge other than bad conduct or
 dishonorable from such service, or (ix) is a discharged LGBT veteran, as
 defined in section [three hundred fifty] ONE of the  [executive]  VETER-
 ANS'  SERVICES  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 OR HER 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
 nineteen  hundred forty-four, or who following such discharge or release
 entered into a service which  would  qualify  him  OR  HER  pursuant  to
 section  forty-three of the retirement and social security law to trans-
 fer his OR HER 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.
   7. A teacher, who was a member of the New York state teachers  retire-
 ment  system but who withdrew his OR HER accumulated contributions imme-
 diately prior to his OR HER entry into, or during his OR HER 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] ONE of
 the  [executive]  VETERANS'  SERVICES  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] ONE
 of  the [executive] VETERANS' SERVICES 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 OR SHE claims and pays for all prior teaching service
 credited to him OR HER at the time of his OR HER termination of  member-
 A. 8294                            56

 ship  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.
   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] ONE of the [executive] VETER-
 ANS' SERVICES 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] ONE of  the  [executive]
 VETERANS'  SERVICES  law,  and  has  received a discharge other than bad
 conduct or dishonorable from such service, and
   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 employed as a  full-time  teacher  by  an
 employer  as defined in subdivision three of section five hundred one of
 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 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 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] ONE
 of the [executive] VETERANS' SERVICES 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] ONE
 of the [executive] VETERANS' SERVICES 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, December fourteenth,  nine-
 A. 8294                            57

 teen  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] ONE of the [executive] VETERANS' SERVICES
 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] ONE of the [executive] VETERANS' SERVICES
 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.
   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]  ONE
 of  the [executive] VETERANS' SERVICES 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] ONE
 of  the [executive] VETERANS' SERVICES 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
 A. 8294                            58
 
 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  who  (iv)  was  discharged or released therefrom under
 honorable conditions, or (v) has a qualifying condition, as  defined  in
 section  [three hundred fifty] ONE of the [executive] VETERANS' SERVICES
 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] ONE of the [executive] VETERANS' SERVICES
 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.
   § 42. Subdivision 5 of section 605 of the education law, as amended by
 chapter 490 of the laws of 2019, 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] ONE of the [executive] VETERANS'  SERVICES
 law,  and  have 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]  ONE  of  the [executive] VETERANS'
 SERVICES 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 than such
 county received during the  year  nineteen  hundred  sixty-eight--sixty-
 nine.
   § 43. Subparagraph 3 of paragraph b of subdivision 3 of section 663 of
 the  education  law,  as  amended by chapter 490 of the laws of 2019, 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] ONE of the  [executive]  VETER-
 ANS'  SERVICES  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] ONE of the [executive]
 VETERANS' SERVICES 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 dependent  by  either
 parent for purposes of either federal or state income tax.
 A. 8294                            59
 
   §  44.  Paragraph  (b)  of  subdivisions 1 and 2 of section 668 of the
 education law, as amended by chapter  490  of  the  laws  of  2019,  are
 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] ONE of the [exec-
 utive]  VETERANS'  SERVICES 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] ONE of the
 [executive] VETERANS' SERVICES 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 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]  ONE
 of  the [executive] VETERANS' SERVICES 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] ONE
 of  the [executive] VETERANS' SERVICES law, and has received a discharge
 other than bad conduct or dishonorable from such service.
   (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]  ONE  of  the
 [executive]  VETERANS'  SERVICES 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] ONE
 of  the [executive] VETERANS' SERVICES law, and has received a discharge
 other than bad conduct or dishonorable from such service, who is a resi-
 dent 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
 A. 8294                            60
 
   § 45. Subdivision 1 of section 668-c of the education law, as  amended
 by chapter 490 of the laws of 2019, 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] ONE of the  [executive]  VETER-
 ANS'  SERVICES  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] ONE
 of  the [executive] VETERANS' SERVICES 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,  manifestations,  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.
   § 46. Paragraphs a, b, c and d of subdivision 1 of  section  669-a  of
 the  education  law,  as amended by chapter 490 of the laws of 2019, are
 amended to read as follows:
   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] ONE of the [executive] VETERANS' SERVICES 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] ONE of the [executive] VETERANS' SERVICES 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
 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] ONE of the  [executive]  VETER-
 ANS'  SERVICES  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] ONE of the [executive] VETER-
 ANS' SERVICES 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-
 A. 8294                            61
 
 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] ONE of the  [executive]  VETER-
 ANS'  SERVICES  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] ONE of the [executive] VETER-
 ANS' SERVICES 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] ONE of the [executive]
 VETERANS'  SERVICES  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] ONE of the [execu-
 tive] VETERANS' SERVICES law, and has received a  discharge  other  than
 bad conduct or dishonorable from such service.
   §  47.  Subdivision 1 of section 3202 of the education law, as amended
 by chapter 490 of the laws of 2019, 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] ONE of the [executive] VETERANS'  SERVICES
 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] ONE of the [executive] VETERANS'  SERVICES
 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 education, and such  veterans
 shall be included in the pupil count for state aid purposes. A nonveter-
 an  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 condi-
 tions as shall be established in regulations promulgated by the  commis-
 sioner;  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
 A. 8294                            62
 
 of  education  to  admit a child who becomes five years of age after the
 school year has commenced unless his OR HER birthday occurs on or before
 the first of December.
   §  48. Clause (h) of subparagraph 3 of paragraph b of subdivision 1 of
 section 4402 of the education law, as amended by chapter 652 of the laws
 of 2007, is amended to read as follows:
   (h) Provide the form developed pursuant to subdivision [fifteen] TWEN-
 TY-TWO of section [three hundred fifty-three] FOUR  of  the  [executive]
 VETERANS' SERVICES law to the parent or person in parental relation of a
 child  designated  by  the  committee  as either disabled or emotionally
 disturbed.
   § 49. Subdivision 15 of section 1-104 of the election law, as  amended
 by chapter 490 of the laws of 2019, 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 the military or naval service or coast guard  of  the  United
 States  or  the  state  of  New  York, or persons who (a) were honorably
 discharged from such service, or (b) have  a  qualifying  condition,  as
 defined  in  section [three hundred fifty] ONE of the [executive] VETER-
 ANS' SERVICES 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] ONE of the [executive]
 VETERANS' SERVICES law, and have received a  discharge  other  than  bad
 conduct or dishonorable from such service.
   §  50.  Subdivision 4 of section 5-210 of the election law, as amended
 by chapter 490 of the laws of 2019, 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]
 ONE  of  the  [executive]  VETERANS'  SERVICES  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] ONE of the
 [executive] VETERANS' SERVICES 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.
   § 51. Subdivision 16 of section 11-0305 of the environmental conserva-
 tion law, as amended by chapter 103 of the laws of 2012, is  amended  to
 read as follows:
   16.  Notwithstanding  any  inconsistent provision of law, to authorize
 free sport fishing clinics. A free sport fishing clinic  shall  include,
 but  not be limited to, instruction provided by employees of the depart-
 ment or its designee in recreational angling, including its benefits and
 values, and may also include instruction and other information  relevant
 to  an understanding of fisheries management, ethics and aquatic ecology
 and habitat. No license or recreational marine fishing  registration  is
 required to take fish by angling while participating in a fishing clinic
 conducted  by the department or its designee that has been designated by
 the commissioner as a free sport fishing clinic. Such clinics  shall  be
 implemented  consistent with department standards and in a manner deter-
 A. 8294                            63
 
 mined by the department to best provide public  notice  thereof  and  to
 maximize public participation therein, so as to promote the recreational
 opportunities  afforded  by sport fishing. Further, the commissioner may
 designate  additional  fishing  events  organized through the department
 that provide physical  or  emotional  rehabilitation  for  veterans,  as
 defined in subdivision three of section [three hundred fifty] ONE of the
 [executive]  VETERANS' SERVICES law, or active duty members of the armed
 forces of the United States, as defined in 10 U.S.C. section  101(d)(1).
 No license or recreational marine fishing registration shall be required
 for  such  veterans or active duty members to take fish by angling while
 participating in these events.
   § 52. Subdivision 4 of section 11-0715 of the environmental  conserva-
 tion  law,  as amended by chapter 490 of the laws of 2019, 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
 discharged from service in the armed forces of the United States, or (b)
 has  a qualifying condition, as defined in section [three hundred fifty]
 ONE of the [executive]  VETERANS'  SERVICES  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] ONE of the [executive] VETERANS' SERVICES 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 eligible, except
 turkey permits, renewable each year for a five dollar fee.
   § 53. Subparagraph (iv) of paragraph c of  subdivision  1  of  section
 13-0328 of the environmental conservation law, as amended by chapter 490
 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]
 ONE of the [executive]  VETERANS'  SERVICES  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] ONE of the [executive] VETERANS' SERVICES law, and has received a
 discharge  other  than  bad  conduct  or dishonorable from such service,
 shall not be deemed ineligible.
 A. 8294                            64
 
   § 54. Subdivision 1 of section 130 of the executive law, as amended by
 section 2 of part V of chapter 58 of the laws of  2020,  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 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  main-
 tains 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 nonresi-
 dent 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 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 applicant 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 position 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 equivalent of a common school education and is famil-
 iar  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  qualifying  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]
 ONE OF THE VETERANS' SERVICES LAW, within a period of one year after the
 applicant  has  received a discharge other than bad conduct or dishonor-
 able from such service, or if the applicant is a discharged LGBT  veter-
 an,  as  defined in section [three hundred fifty of this chapter] ONE OF
 THE VETERANS' SERVICES LAW, within a period of one year after the appli-
 cant 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
 A. 8294                            65
 
 heard.  No person shall be appointed as a notary public under this arti-
 cle who has been convicted, in this state or any other state or territo-
 ry, of a crime, unless the secretary makes a finding in conformance with
 all  applicable  statutory  requirements,  including  those contained in
 article twenty-three-A of the correction law, that such  convictions  do
 not constitute a bar to appointment.
   §  55.  Subdivision  1  of  section 32 of the general business law, as
 amended by chapter 490 of the laws  of  2019,  is  amended  to  read  as
 follows:
   1.  Every  member of the armed forces of the United States who (a) was
 honorably discharged from such service, or (b) has a  qualifying  condi-
 tion, as defined in section [three hundred fifty] ONE of the [executive]
 VETERANS'  SERVICES  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] ONE of the [execu-
 tive] VETERANS' SERVICES 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 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 jurisdic-
 tion  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.
   §  56.  Section  35 of the general business law, as amended by chapter
 490 of the laws of 2019, 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] ONE of the  [executive]  VETER-
 ANS'  SERVICES  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] ONE of the [executive]
 VETERANS' SERVICES law, and has received  a  discharge  other  than  bad
 conduct  or  dishonorable from such service, and who is physically disa-
 bled as a result of injuries received while in the service of said armed
 forces and the holder of a license granted pursuant to  section  thirty-
 two of this article.
   §  57.  Paragraph  (a) of subdivision 1 of section 35-a of the general
 business law, as amended by chapter 490 of the laws of 2019, 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
 A. 8294                            66
 
 the streets and highways within such city shall issue specialized  vend-
 ing licenses to 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] ONE of the [exec-
 utive]  VETERANS'  SERVICES 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] ONE of the
 [executive] VETERANS' SERVICES law, and received a discharge other  than
 bad  conduct  or  dishonorable from such service, and who are physically
 disabled as a result of injuries 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  thereof 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.
   §  58.  Paragraph  (b) of subdivision 3 of section 69-p of the general
 business law, as amended by chapter 490 of the laws of 2019, 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] ONE of the [executive] VETERANS' SERVICES 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] ONE of the [executive] VETERANS' SERVICES 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.
   § 59. The closing paragraph of section 435  of  the  general  business
 law,  as  amended by chapter 490 of the laws of 2019, 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] ONE  of  the  [executive]  VETERANS'  SERVICES  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] ONE of the [executive] VETERANS' SERVICES law, and
 have  received  a  discharge other than bad conduct or dishonorable from
 such service, the period of one year specified  in  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 entering 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.
   § 60. Section 13-a of the general  construction  law,  as  amended  by
 chapter 490 of the laws of 2019, is amended to read as follows:
 A. 8294                            67
 
   § 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.
 Pursuant  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  therein  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
 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 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] ONE of the [executive]
 VETERANS' SERVICES 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] ONE of the [execu-
 tive] VETERANS' SERVICES 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 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 (iv) was
 discharged or released therefrom under honorable conditions, or (v)  has
 a  qualifying condition, as defined in section [three hundred fifty] ONE
 of the [executive] VETERANS' SERVICES 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] ONE
 of the [executive] VETERANS' SERVICES law, and has received a  discharge
 other than bad conduct or dishonorable from such service.
   §  61.  Subdivision  1  of section 77 of the general municipal law, as
 amended by chapter 490 of the laws  of  2019,  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
 A. 8294                            68
 
 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  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] ONE of the [executive] VETERANS' SERVICES 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] ONE of the [executive] VETERANS' SERVICES 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 ther-
 eof, 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.
   § 62. Paragraph (a) of subdivision 1 of section  148  of  the  general
 municipal law, as amended by chapter 490 of the laws of 2019, 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 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] ONE of the [exec-
 utive]  VETERANS'  SERVICES 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] ONE of the
 [executive] VETERANS' SERVICES 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 leav-
 ing sufficient means to defray his or her funeral expenses.
   § 63. Section 117-c of the highway law, as amended by chapter  490  of
 the laws of 2019, 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
 A. 8294                            69
 
 lands leased for use as an arena, stadium or auditorium or like facility
 which  contain  fifty  thousand or more seats; and further provided that
 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] ONE of the  [executive]  VETER-
 ANS'  SERVICES  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] ONE of the [executive] VETER-
 ANS' SERVICES 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 allo-
 cation of such locations.
   § 64. Paragraph 11 of subsection (j) of section 2103 of the  insurance
 law,  as  amended by chapter 490 of the laws of 2019, 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] ONE of the [executive] VETERANS' SERVICES 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] ONE of the [executive] VETERANS' SERVICES 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.
   §  65. Subparagraph (F) of paragraph 3 of subsection (e) and paragraph
 2 of subsection (f) of section 2104 of the insurance law, as amended  by
 chapter 490 of the laws of 2019, are 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] ONE of the [executive] VETERANS' SERVICES 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] ONE of the [executive] VETERANS' SERVICES
 law, and has received a discharge other than bad conduct or dishonorable
 from such service, and who within three years prior to his OR HER  entry
 into  the  armed  forces  held a license as insurance broker for similar
 lines, provided his OR HER application for such license is filed  before
 one year from the date of final discharge; or
   (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] ONE of the [executive] VETERANS' SERVICES 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] ONE of the [executive] VETERANS' SERVICES 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.
   §  66.  Paragraph 2 of subsection (i) of section 2108 of the insurance
 law, as amended by chapter 490 of the laws of 2019, is amended  to  read
 as follows:
 A. 8294                            70
 
   (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] ONE of the [executive] VETERANS' SERVICES 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] ONE of the [executive] VETERANS' SERVICES 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.
   §  67. Paragraph 10 of subsection (h) of section 2137 of the insurance
 law, as amended by chapter 490 of the laws of 2019, 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] ONE of the [executive] VETERANS' SERVICES 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] ONE of the [executive] VETERANS' SERVICES 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.
   § 68. Paragraph 11 of subsection (i) of section 2139 of the  insurance
 law,  as  amended by chapter 490 of the laws of 2019, 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] ONE of the [executive] VETERANS' SERVICES 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] ONE of the [executive] VETERANS' SERVICES 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.
   § 69.  Section 466 of the judiciary law, as amended by chapter 490  of
 the laws of 2019, is amended to read as follows:
   §  466.  Attorney's  oath  of  office.  1.  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.
   2. 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 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] ONE of the [executive] VETERANS' SERVICES
 law, or (3) has received a discharge other than bad conduct or dishonor-
 able from such service, if such person is a discharged LGBT veteran,  as
 defined  in  section [three hundred fifty] ONE of the [executive] VETER-
 ANS' SERVICES law, if the appellate division of the supreme court in the
 department in which such person resides is not in session, may subscribe
 A. 8294                            71
 
 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.
   §  70.  Subdivision 3 of section 20 of the military law, as amended by
 chapter 490 of the laws of 2019, 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] ONE of the [exec-
 utive]  VETERANS'  SERVICES 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] ONE of the
 [executive] VETERANS' SERVICES 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  OR  HER  after  complying  with such conditions as may be
 prescribed by regulations issued pursuant to this chapter.
   § 71. Paragraphs (b) and (c) of subdivision 1 and subparagraphs 1  and
 2  of  paragraph  (a)  of subdivision 4-b of section 243 of the military
 law, as amended by chapter 490 of the laws of 2019, 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
 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
 A. 8294                            72
 
 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]  ONE
 of  the [executive] VETERANS' SERVICES 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] ONE
 of  the [executive] VETERANS' SERVICES 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]
 ONE  of  the  [executive]  VETERANS'  SERVICES  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] ONE of the [executive] VETERANS' SERVICES 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 auxiliary 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 OR HER position and to end
 when he OR SHE is reinstated to his OR HER position, provided such rein-
 statement 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 forego-
 ing  services  entered upon voluntarily on or after January first, nine-
 teen hundred forty-seven and before June twenty-fifth, nineteen  hundred
 fifty;  and,  on or after July first, nineteen 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 convenience of  the  federal
 government, except if such voluntary service is performed during a peri-
 od 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-
 A. 8294                            73
 
 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] ONE of  the
 [executive]  VETERANS'  SERVICES 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] ONE
 of  the [executive] VETERANS' SERVICES 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  disa-
 bility.  The  existence and termination of such temporary disability, in
 the case of a public employee occupying a  position  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.
   (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 OR
 HER last membership in such system began, served  as  a  member  of  the
 armed  forces of the United States during the period beginning on Decem-
 ber 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
 qualifying condition, as defined in section [three hundred fifty] ONE of
 the  [executive]  VETERANS'  SERVICES  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] ONE
 of  the [executive] VETERANS' SERVICES 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 OR HER 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] ONE of the [executive] VETERANS' SERVICES 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] ONE of the [executive] VETERANS'  SERVICES
 law, and has received a discharge other than bad conduct or dishonorable
 from such service.
   §  72.  Section  245 of the military law, as amended by chapter 490 of
 the laws of 2019, is amended to read as follows:
   § 245. Retirement allowances of certain war veterans.   1. 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  honorably 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] ONE of the [executive] VETERANS' SERVICES
 law, and has received a discharge other than bad  conduct  or  dishonor-
 able,  or  (iii)  is  a  discharged  LGBT veteran, as defined in section
 [three hundred fifty] ONE of the [executive] VETERANS' SERVICES law, and
 has received a discharge other than bad conduct or dishonorable,  having
 A. 8294                            74
 
 served  as  such  during the time of war and who has attained the age of
 fifty years, may retire upon his OR HER own request upon written  appli-
 cation to the board setting forth at what time not less than thirty days
 subsequent  to  the execution and filing thereof he OR SHE desires to be
 retired, provided that such member at the time so specified for  his  OR
 HER retirement shall have completed at least twenty-five years of allow-
 able  service.  Upon  retirement such member shall receive an annuity of
 equivalent actuarial value to his OR HER 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 OR
 SHE continued at his OR HER current salary to the age at which he OR SHE
 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 actu-
 arial  basis,  together  with  his  OR HER prior contributions and other
 accumulations in said fund then to his OR HER credit,  shall  be  suffi-
 cient to entitle the said member to the same annuity and pension that he
 OR  SHE would have received had he OR SHE remained in the service of the
 city until he OR SHE had attained the age at which he OR  SHE  otherwise
 would have first become eligible for service retirement.
   2.  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] ONE of the [executive] VETERANS' SERVICES 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] ONE of the [executive] VETERANS' SERVICES 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 OR HER own request upon written application to the board
 setting forth at what time, not less than thirty days subsequent to  the
 execution  and filing thereof, he OR SHE desires to be retired, provided
 that such member at that time so specified for  his  OR  HER  retirement
 shall  have  completed  at least twenty-five years of allowable service.
 Upon reaching his OR HER previously  selected  minimum  retirement  age,
 such  member  shall receive an annuity of equivalent actuarial value, at
 that time, to his OR HER accumulated deductions,  and,  in  addition,  a
 pension  based upon his OR HER credited years of allowable service, plus
 the pension-for-increased-take-home-pay, if any. Should such member  die
 before  reaching his OR HER 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 OR HER selected
 retirement age.
   § 73. Subdivision 1-b of section 247 of the military law,  as  amended
 by chapter 490 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
 A. 8294                            75
 
 discharged or released under honorable circumstances during the Cold War
 Era, or has a qualifying condition, as defined in section [three hundred
 fifty] ONE of the [executive] VETERANS' SERVICES  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]  ONE  of  the  [executive]  VETERANS'  SERVICES 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 shall  be  presented
 to  such  representative of the deceased as may be designated. The adju-
 tant general, in consultation with the [director]  COMMISSIONER  of  the
 [division]  DEPARTMENT  of veterans' services, shall make such rules and
 regulations as may be deemed necessary for the proper  presentation  and
 distribution of the certificate.
   §  74.  Section  249 of the military law, as amended by chapter 490 of
 the laws of 2019, 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-
 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]
 ONE of the [executive]  VETERANS'  SERVICES  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] ONE of the [executive] VETERANS' SERVICES 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 OR
 HERSELF 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.
   § 75. Subparagraph 2 of paragraph b of subdivision 1 of section 156 of
 the  public  housing law, as amended by chapter 490 of the laws of 2019,
 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] ONE of the [executive]
 VETERANS' SERVICES 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] ONE of the [execu-
 tive] VETERANS' SERVICES 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  application  for
 admission to such project, and
   §  76.  The  opening  paragraph  and paragraph (d) of subdivision 1 of
 section 2632 of the public health law, as amended by chapter 490 of  the
 laws of 2019, are amended to read as follows:
 A. 8294                            76
 
   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]
 ONE  of  the  [executive]  VETERANS'  SERVICES  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] ONE
 of  the [executive] VETERANS' SERVICES 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 (ii) (A) was sepa-
 rated  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] ONE of
 the  [executive]  VETERANS'  SERVICES  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] ONE
 of the [executive] VETERANS' SERVICES 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 recipi-
 ent 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 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, nineteen 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 therein for  a  period
 of  not  less  than  thirty  days  or (B) has a qualifying condition, as
 defined in section [three hundred fifty] ONE of the  [executive]  VETER-
 ANS'  SERVICES  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]  ONE  of  the [executive] VETERANS'
 SERVICES 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
 A. 8294                            77
 
 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] ONE of the  [executive]  VETER-
 ANS'  SERVICES  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] ONE of the [executive]
 VETERANS' SERVICES 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  Trans-
 port  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] ONE of the [exec-
 utive] VETERANS' SERVICES 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]  ONE  of  the
 [executive]  VETERANS'  SERVICES law, and has received a discharge other
 than bad conduct or dishonorable from such service; or
   § 77. Subdivision 5 of section 2805-b of the  public  health  law,  as
 amended  by  section 21 of part AA of chapter 56 of the laws of 2019, is
 amended to read as follows:
   5. The staff of a general hospital shall: (a) inquire whether  or  not
 the  person  admitted has served in the United States armed forces. Such
 information shall be listed on  the  admissions  form;  (b)  notify  any
 admittee  who is a veteran of the possible availability of services at a
 hospital operated by the United States veterans  health  administration,
 and,  upon  request  by the admittee, such staff shall make arrangements
 for the individual's transfer to a United States veterans health  admin-
 istration  hospital,  provided, however, that transfers shall be author-
 ized only after it has been determined, according to  accepted  clinical
 and  medical  standards, that the patient's condition has stabilized and
 transfer can be accomplished safely and without  complication;  and  (c)
 provide  any  admittee  who has served in the United States armed forces
 with a copy of the "Information  for  Veterans  concerning  Health  Care
 Options"  fact  sheet, maintained by the [division] DEPARTMENT of veter-
 ans' services pursuant  to  subdivision  [twenty-three]  TWENTY-NINE  of
 section  [three  hundred  fifty-three] FOUR of the [executive] VETERANS'
 SERVICES law prior to  discharging  or  transferring  the  patient.  The
 commissioner  shall  promulgate rules and regulations for notifying such
 admittees of possible available services and for arranging  a  requested
 transfer.
   §  78.  Subdivision  2  of section 2805-o of the public health law, as
 amended by section 22 of part AA of chapter 56 of the laws of  2019,  is
 amended to read as follows:
 A. 8294                            78
 
   2.  Every  nursing  home and residential health care facility shall in
 writing advise all individuals identifying  themselves  as  veterans  or
 spouses of veterans that the [division] DEPARTMENT of veterans' services
 and  local  veterans'  service  agencies established pursuant to section
 [three  hundred  fifty-seven]  FOURTEEN  of  the  [executive]  VETERANS'
 SERVICES law to provide assistance to veterans and their spouses regard-
 ing benefits under federal and state law. Such written information shall
 include the name, address and telephone number of  the  New  York  state
 [division]  DEPARTMENT  of  veterans'  services,  the nearest [division]
 DEPARTMENT of veterans' services office,  the  nearest  county  or  city
 veterans'  service  agency  and the nearest accredited veterans' service
 officer.
   § 79. Subdivision 3 of section 3422  of  the  public  health  law,  as
 amended  by  chapter  490  of  the  laws  of 2019, is amended to read as
 follows:
   3. A candidate who fails to attain a  passing  grade  on  his  OR  HER
 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 OR HER training, he  OR
 SHE  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 examina-
 tion, except that a satisfactorily completed required  course  of  study
 need  not  be recompleted. 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] ONE of the [executive] VETER-
 ANS' SERVICES law, or (ii) is a discharged LGBT veteran, as  defined  in
 section  [three hundred fifty] ONE of the [executive] VETERANS' SERVICES
 law, and upon proper application as required by the department be eligi-
 ble for an exemption with respect to time served in such service.
   § 80. 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
 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
 A. 8294                            79
 
 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] ONE of the [executive] VETER-
 ANS' SERVICES 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]  ONE  of  the  [executive]
 VETERANS'  SERVICES  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 Trans-
 port 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] ONE of the [exec-
 utive]  VETERANS'  SERVICES 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] ONE of the
 [executive] VETERANS' SERVICES 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-sev-
 enth, nineteen hundred fifty and January thirty-first, nineteen  hundred
 fifty-five,  or during the period of the Vietnam conflict from the twen-
 ty-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, 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, 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
 A. 8294                            80
 
 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 honor-
 able  conditions,  or  (b)  has  a  qualifying  condition, as defined in
 section [three hundred fifty] ONE of the [executive] VETERANS'  SERVICES
 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] ONE of the [executive] VETERANS'  SERVICES
 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 main-
 tenance,  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.
   §  81.  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 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] ONE of the  [executive]  VETER-
 ANS'  SERVICES  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] ONE of the [executive] VETER-
 ANS' SERVICES law, and has received a discharge other than  bad  conduct
 or dishonorable from such service.
   §  82.  Subdivisions 2 and 4-a of section 458 of the real property tax
 law, as amended by chapter 490 of the laws of 2019, are amended to  read
 as follows:
   2.   Real   property   purchased  with  moneys  collected  by  popular
 subscription in partial recognition of extraordinary  services  rendered
 by  any  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  condi-
 tion, as defined in section [three hundred fifty] ONE of the [executive]
 VETERANS'  SERVICES  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] ONE of the [execu-
 tive] VETERANS' SERVICES law, and has received a  discharge  other  than
 bad  conduct or dishonorable from such service, and who sustained perma-
 nent disability while on military duty, either  total  or  partial,  and
 owned by the person who sustained such injuries, or by his or her spouse
 A. 8294                            81
 
 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 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.
   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] ONE of the  [executive]  VETER-
 ANS'  SERVICES  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] ONE of the [executive]
 VETERANS' SERVICES 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  Trans-
 port  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] ONE of the [exec-
 utive] VETERANS' SERVICES law, and has received a discharge  other  than
 A. 8294                            82
 
 bad  conduct or dishonorable from such service, or (iii) is a discharged
 LGBT veteran, as defined in section [three hundred  fifty]  ONE  of  the
 [executive]  VETERANS'  SERVICES law, and has received a discharge other
 than bad conduct or dishonorable from such service.
   §  83.  Paragraph  (e)  of  subdivision 1 and subdivisions 9 and 10 of
 section 458-a of the real property tax law, paragraph (e) of subdivision
 1 and subdivision 10 as amended by chapter 490  of  the  laws  of  2019,
 subdivision  9  as amended by section 36 of part AA of chapter 56 of the
 laws of 2019, are 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] ONE of the [executive] VETERANS' SERVICES 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] ONE of the [executive] VETERANS' SERVICES 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 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, (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] ONE of the [exec-
 utive]  VETERANS'  SERVICES 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] ONE of the
 [executive] VETERANS' SERVICES 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 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 (1)  was
 discharged  or released therefrom under honorable conditions, or (2) has
 a qualifying condition, as defined in section [three hundred fifty]  ONE
 A. 8294                            83
 
 of  the [executive] VETERANS' SERVICES 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] ONE
 of  the [executive] VETERANS' SERVICES 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 components 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] ONE of the [executive] VETER-
 ANS' SERVICES 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]  ONE  of  the  [executive]
 VETERANS'  SERVICES  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.
   9.  The commissioner shall develop in consultation with the [director]
 COMMISSIONER of the New York state [division]  DEPARTMENT  of  veterans'
 services  a  listing  of  documents  to be used to establish eligibility
 under this section, including  but  not  limited  to  a  certificate  of
 release  or discharge from active duty also known as a DD-214 form or an
 Honorable Service Certificate/Report of [Causality]  CASUALTY  from  the
 department  of defense. Such information shall be made available to each
 county, city, town or village assessor's office, or congressional  char-
 tered  veterans service officers who request such information. The list-
 ing of acceptable military records shall be made available on the inter-
 net websites of the [division] DEPARTMENT of veterans' services and  the
 office of real property tax services.
   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] ONE of the [executive] VETERANS' SERVICES 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] ONE of the [executive] VETERANS' SERVICES 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.
   § 84. Paragraph (a) of subdivision 1  and  subdivision  8  of  section
 458-b  of  the  real property tax law, paragraph (a) of subdivision 1 as
 amended by chapter 490 of the laws of 2019, subdivision 8 as amended  by
 section  37 of part AA of chapter 56 of the laws of 2019, are 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-
 A. 8294                            84

 tion, as defined in section [three hundred fifty] ONE of the [executive]
 VETERANS'  SERVICES  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] ONE of the [execu-
 tive] VETERANS' SERVICES law, and has received a  discharge  other  than
 bad conduct or dishonorable from such service.
   8.  The commissioner shall develop in consultation with the [director]
 COMMISSIONER of the New York state [division]  DEPARTMENT  of  veterans'
 services  a  listing  of  documents  to be used to establish eligibility
 under this section, including  but  not  limited  to  a  certificate  of
 release  or discharge from active duty also known as a DD-214 form or an
 Honorable Service Certificate/Report of [Causality]  CASUALTY  from  the
 department  of defense. Such information shall be made available to each
 county, city, town or village assessor's office, or congressional  char-
 tered  veterans service officers who request such information. The list-
 ing of acceptable military records shall be made available on the inter-
 net websites of the [division] DEPARTMENT of veterans' services and  the
 office of real property tax services.
   §  85.  Subparagraph  (v) of paragraph (a) of subdivision 1 of section
 122 of the social services law, as amended by chapter 490 of the laws of
 2019, 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] ONE of the [executive] VETERANS'  SERVICES
 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] ONE
 of the [executive] VETERANS' SERVICES 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;
   § 86. Subdivision 1 and paragraph 5 of subdivision 2 of section 168 of
 the social services law, as amended by chapter 490 of the laws of  2019,
 are 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] ONE of
 the [executive] VETERANS' SERVICES 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] ONE
 of the [executive] VETERANS' SERVICES law, and has received a  discharge
 other than bad conduct or dishonorable from such service.
 A. 8294                            85
 
   (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] ONE of the [exec-
 utive]  VETERANS'  SERVICES 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] ONE of the
 [executive] VETERANS' SERVICES 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 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]  ONE
 of  the [executive] VETERANS' SERVICES 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] ONE
 of  the [executive] VETERANS' SERVICES law, and has received a discharge
 other than bad conduct or dishonorable from such service.
   § 87. 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,  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] ONE of
 the [executive] VETERANS' SERVICES 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
 A. 8294                            86
 
 defined in section [three hundred fifty] ONE of the  [executive]  VETER-
 ANS'  SERVICES  law, and has received a discharge other than bad conduct
 or dishonorable from such service after September eleventh, two thousand
 one;
   §  88. Subparagraph (A) of paragraph 2 of subdivision (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, 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] ONE of
 the  [executive]  VETERANS'  SERVICES  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] ONE of the [executive] VETER-
 ANS' SERVICES law, and has received a discharge other than  bad  conduct
 or dishonorable from such service after September eleventh, two thousand
 one;
   §  89.  Paragraph  18-a  of subdivision (a) of section 1115 of the tax
 law, as added by chapter 478 of the laws of 2016, is amended to read  as
 follows:
   (18-a)  Tangible personal property manufactured and sold by a veteran,
 as defined in section  [three  hundred  sixty-four]  TWENTY-TWO  of  the
 [executive]  VETERANS'  SERVICES  law,  for  the  benefit of a veteran's
 service organization, provided that such person or any member of his  or
 her  household  does  not  conduct  a trade or business in which similar
 items are sold, the first two thousand five hundred dollars of  receipts
 from such sales in a calendar year.
   §  90. 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, 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] ONE of
 the  [executive]  VETERANS'  SERVICES  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] ONE of the [executive] VETER-
 ANS' SERVICES law, and has received a discharge other than  bad  conduct
 or dishonorable from such service after September eleventh, two thousand
 one;
   §  91.  Section  295 of the town law, as amended by chapter 490 of the
 laws of 2019, 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-
 A. 8294                            87
 
 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 OR HER 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] ONE of the [executive] VETERANS' SERVICES 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  organ-
 izations exist, or that the petitioners are discharged LGBT veterans, as
 defined  in  section [three hundred fifty] ONE of the [executive] VETER-
 ANS' SERVICES 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, SHE or they served;
 (2) the name and location of the cemetery in which he OR SHE 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  OR  SHE
 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
 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
 A. 8294                            88
 
 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 a member of the armed forc-
 es who served in the armed forces of the United States and who  (5)  was
 honorably  discharged  from such service, or (6) has a qualifying condi-
 tion, as defined in section [three hundred fifty] ONE of the [executive]
 VETERANS' SERVICES 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] ONE of the  [execu-
 tive]  VETERANS'  SERVICES  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 incorpo-
 rated 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.
   §  92.  Subdivision 2 of section 404-v of the vehicle and traffic law,
 as amended by chapter 490 of the laws of 2019, is  amended  to  read  as
 follows:
   2.  The distinctive plate authorized pursuant to this section shall be
 issued upon proof, satisfactory to the commissioner, that the  applicant
 is  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] ONE of the [exec-
 utive]  VETERANS'  SERVICES 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] ONE of the
 [executive] VETERANS' SERVICES law, and has received a  discharge  other
 than bad conduct or dishonorable from such service.
   §  93.  Subdivision 3 of section 404-v of the vehicle and traffic law,
 as amended by section 19 of part AA of chapter 56 of the laws  of  2019,
 is amended to read as follows:
 A. 8294                            89
 
   3. A distinctive plate issued pursuant to this section shall be issued
 in  the same manner as other number plates upon the payment of the regu-
 lar registration fee prescribed by section  four  hundred  one  of  this
 article,  provided, however, that an additional annual service charge of
 fifteen  dollars  shall  be  charged for such plate. Such annual service
 charge shall be deposited to the credit of the Eighth Air Force  Histor-
 ical  Society  fund established pursuant to section ninety-five-f of the
 state finance law and shall be used for  veterans'  counseling  services
 provided  by local veterans' service agencies pursuant to section [three
 hundred fifty-seven] FOURTEEN of the [executive] VETERANS' SERVICES  law
 under  the direction of the [division] DEPARTMENT of veterans' services.
 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 to the department to offset
 costs associated with the production of such license plates.
   § 94. Paragraphs (a) and (b) of subdivision 1 of section 404-w of  the
 vehicle  and traffic law, as amended by chapter 490 of the laws of 2019,
 are amended to read as follows:
   (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] ONE of the [executive] VETERANS' SERVICES 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] ONE of the [executive] VETERANS' SERVICES 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]
 ONE of the [executive]  VETERANS'  SERVICES  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] ONE of the [executive] VETERANS' SERVICES law, and has received a
 discharge other than bad conduct or dishonorable from such service.
   § 95. Subdivision 3 of section 404-w of the vehicle and  traffic  law,
 as  amended  by  chapter  490 of the laws of 2019, 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
 Gulf  from  the second day of August, nineteen hundred ninety to the end
 of such hostilities, and was (a) honorably discharged from the military,
 or (b) has a qualifying condition, as defined in section [three  hundred
 fifty] ONE of the [executive] VETERANS' SERVICES 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] ONE of the [executive] VETERANS' SERVICES law, and has received a
 discharge other than bad conduct or dishonorable from such service.
   §  96. Paragraphs (a) and (b) of subdivision 3 of section 404-y of the
 vehicle and traffic law, as amended by chapter 490 of the laws of  2019,
 are amended to read as follows:
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   (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] ONE of the [exec-
 utive] VETERANS' SERVICES 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]  ONE  of  the
 [executive]  VETERANS'  SERVICES 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] ONE of the [executive] VETERANS' SERVICES 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] ONE of the [executive] VETERANS' SERVICES law, and has received a
 discharge other than bad conduct or dishonorable from such service.
   § 97. Paragraph (b) of subdivision 3 of section 490 of the vehicle and
 traffic  law,  as amended by chapter 490 of the laws of 2019, 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] ONE of the [executive] VETERANS'  SERVICES
 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] ONE of the [executive] VETERANS'  SERVICES
 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 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 dupli-
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 cation  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.
   §  98.  Paragraph (a-1) of subdivision 1 of section 504 of the vehicle
 and traffic law, as amended by chapter 490  of  the  laws  of  2019,  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]  ONE  of the [executive] VETERANS' SERVICES 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] ONE of the [executive] VETERANS' SERVICES 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.
   §  99. The second undesignated subparagraph of paragraph (a) of subdi-
 vision 8 of section 15 of the workers' compensation law, as  amended  by
 chapter 490 of the laws of 2019, is amended to read as follows:
   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] ONE of the [executive] VETERANS' SERVICES 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] ONE of the [executive] VETERANS' SERVICES law, and
 received  a  discharge  other than bad conduct or dishonorable from such
 service, or any other physically handicapped persons, is of vital impor-
 tance to the state and its people and is of concern to this legislature;
   § 100. Transfer of powers of the division of veterans' services.   The
 functions  and powers possessed by and all of the obligations and duties
 of the division of veterans' services, as established pursuant to  arti-
 cle  17  of  the  executive law and other laws, shall be transferred and
 assigned to, and assumed by and devolved upon, the department of  veter-
 ans' services.
   §  101.  Abolition  of  the  division  of veterans' services. Upon the
 transfer pursuant to this act of the functions and powers  possessed  by
 and  all  of  the  obligations  and  duties of the division of veterans'
 services, as established pursuant to article 17 of the executive law and
 other laws, the division of veterans' services shall be abolished.
   § 102. Continuity of authority of the division of veterans'  services.
 Except  as herein otherwise provided, upon the transfer pursuant to this
 act of the functions and powers possessed by, and all of the obligations
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 and duties of, the division of veterans' services, as established pursu-
 ant to article 17 of the executive law and other laws, to the department
 of veterans' services as prescribed by this  act,  for  the  purpose  of
 succession, all functions, powers, duties and obligations of the depart-
 ment of veterans' services shall be deemed and be held to constitute the
 continuation of such functions, powers, duties and obligations and not a
 different agency.
   § 103. Transfer of records of the division of veterans' services. Upon
 the  transfer pursuant to this act of the functions and powers possessed
 by and all of the obligations and duties of the  division  of  veterans'
 services, as established pursuant to article 17 of the executive law and
 other  laws,  to  the  department of veterans' services as prescribed by
 this act, all books, papers, records  and  property  pertaining  to  the
 division of veterans' services shall be transferred to and maintained by
 the department of veterans' services.
   §  104. Completion of unfinished business of the division of veterans'
 services. Upon the transfer pursuant to this act of  the  functions  and
 powers  possessed  by and all of the obligations and duties of the divi-
 sion of veterans' services, as established pursuant to article 17 of the
 executive law and other laws, to the department of veterans' services as
 prescribed by this act, any  business  or  other  matter  undertaken  or
 commenced  by  the  division  of  veterans'  services  pertaining  to or
 connected with the functions, powers, obligations and duties  so  trans-
 ferred  and  assigned  to  the  department of veterans' services, may be
 conducted or completed by the department of veterans' services.
   § 105. Terms occurring in laws, contracts or  other  documents  of  or
 pertaining  to  the  division  of  veterans' services. Upon the transfer
 pursuant to this act of the functions and powers possessed by and all of
 the obligations and duties of the division  of  veterans'  services,  as
 established  pursuant to article 17 of the executive law and other laws,
 as prescribed by this act, whenever the division of  veterans'  services
 and  the  [director]  COMMISSIONER thereof, the functions, powers, obli-
 gations and duties of which are transferred to the department of  veter-
 ans'  services,  are  referred  to or designated in any law, regulation,
 contract or document pertaining to the  functions,  powers,  obligations
 and duties transferred and assigned pursuant to this act, such reference
 or  designation  shall be deemed to refer to the department of veterans'
 services and its [director] COMMISSIONER.
   § 106. (a) Wherever the term "division of veterans' services"  appears
 in  the  consolidated or unconsolidated laws of this state, such term is
 hereby changed to "department of veterans' services".
   (b) The legislative bill drafting commission  is  hereby  directed  to
 effectuate  this  provision,  and  shall  be  guided  by a memorandum of
 instruction setting forth the specific provisions of law to be  amended.
 Such  memorandum  shall  be transmitted to the legislative bill drafting
 commission within sixty days of enactment of this provision. Such  memo-
 randum  shall be issued jointly by the governor, the temporary president
 of the senate and the speaker of the assembly, or  by  the  delegate  of
 each.
   §  107.  Existing rights and remedies of or pertaining to the division
 of veterans' services.  Upon the transfer pursuant to this  act  of  the
 functions  and powers possessed by and all of the obligations and duties
 of the division of veterans' services, as established pursuant to  arti-
 cle  17 of the executive law and other laws, to the department of veter-
 ans' services as prescribed by this act, no existing right or remedy  of
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 the  state, including the division of veterans' services, shall be lost,
 impaired or affected by reason of this act.
   §  108.  Pending actions and proceedings of or pertaining to the divi-
 sion of veterans' services. Upon the transfer pursuant to  this  act  of
 the  functions  and  powers  possessed by and all of the obligations and
 duties of the division of veterans' services, as established pursuant to
 article 17 of the executive law and other laws,  to  the  department  of
 veterans'  services  as  prescribed by this act, no action or proceeding
 pending on the effective date of this act, brought  by  or  against  the
 division  of  veterans'  services or the [director] COMMISSIONER thereof
 shall be affected by any provision of this act,  but  the  same  may  be
 prosecuted  or  defended in the name of the New York state department of
 veterans' services. In all such actions and proceedings,  the  New  York
 state  department  of veterans' services, upon application to the court,
 shall be substituted as a party.
   § 109. Continuation of rules and regulations of or pertaining  to  the
 division  of  veterans' services. Upon the transfer pursuant to this act
 of the functions and powers possessed by and  all  the  obligations  and
 duties of the division of veterans' services, as established pursuant to
 article  17  of  the  executive law and other laws, to the department of
 veterans' services as prescribed by this act,  all  rules,  regulations,
 acts,  orders,  determinations,  decisions,  licenses, registrations and
 charters of the division of veterans' services, pertaining to the  func-
 tions  transferred  and assigned by this act to the department of veter-
 ans' services, in force  at  the  time  of  such  transfer,  assignment,
 assumption  or  devolution  shall continue in force and effect as rules,
 regulations, acts, determinations and decisions  of  the  department  of
 veterans' services until duly modified or repealed.
   §  110.  Transfer of appropriations heretofore made to the division of
 veterans' services.  Upon the transfer pursuant to this act of the func-
 tions and powers possessed by and all of the obligations and  duties  of
 the  division  of veterans' services, as established pursuant to article
 17 of the executive law and other laws, to the department  of  veterans'
 services  as  prescribed by this act, all appropriations and reappropri-
 ations which shall have been made available  as  of  the  date  of  such
 transfer to the division of veterans' services or segregated pursuant to
 law,  to  the  extent  of  remaining unexpended or unencumbered balances
 thereof, whether allocated or unallocated and whether obligated or unob-
 ligated, shall be transferred to and made available for use and expendi-
 ture by the department of veterans' services and  shall  be  payable  on
 vouchers  certified  or  approved  by  the  commissioner of taxation and
 finance, on audit and warrant of the comptroller.  Payments  of  liabil-
 ities  for  expenses  of  personnel  services, maintenance and operation
 which shall have been incurred as of the date of such  transfer  by  the
 division  of  veterans' services, and for liabilities incurred and to be
 incurred in completing its affairs shall also be made on vouchers certi-
 fied or approved by the [director] COMMISSIONER of  veterans'  services,
 on audit and warrant of the comptroller.
   §  111.  Transfer of employees. Upon the transfer pursuant to this act
 of the functions and powers possessed by and  all  of  the  division  of
 veterans'  services, as established pursuant to article 17 of the execu-
 tive law and other laws, to the  department  of  veterans'  services  as
 prescribed  by this act, provision shall be made for the transfer of all
 employees from the division of veterans' services into the department of
 veterans' services.  Employees so transferred shall be transferred with-
 out further examination or qualification to the same or  similar  titles
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 and  shall  remain  in  the  same  collective bargaining units and shall
 retain their respective civil service classifications, status and rights
 pursuant to their collective bargaining units and collective  bargaining
 agreements.
   §  112.  Severability.  If any clause, sentence, paragraph, section or
 part of this act shall be adjudged by any court of  competent  jurisdic-
 tion to be invalid, such judgment shall not affect, impair or invalidate
 the  remainder  thereof,  but  shall be confined in its operation to the
 clause, sentence, paragraph, section or part thereof  directly  involved
 in the controversy in which such judgment shall have been rendered.
   §  113.  This  act  shall take effect on the one hundred eightieth day
 after it shall have become a law; provided, however, that the amendments
 to subdivision (l) of section 7.09 of the mental  hygiene  law  made  by
 section fifteen of this act shall not affect the repeal of such subdivi-
 sion  and  shall be deemed repealed therewith; and provided further that
 the amendments to paragraph j of subdivision 1 and  subdivisions  6  and
 6-d of section 163 of the state finance law made by section twenty-eight
 of  this  act  shall  not affect the repeal of such section and shall be
 deemed to be repealed therewith; and provided further, that if section 2
 of part AA of chapter 56 of the laws of 2021 shall not have taken effect
 on or before such date, then section  thirty  of  this  act  shall  take
 effect  on  the  same date and in the same manner as such chapter of the
 laws of 2021, takes effect; and provided further that the amendments  to
 subdivision  3  of  section  103-a  of  the state technology law made by
 section thirty-one of this act shall  not  affect  the  repeal  of  such
 section  and  shall  be deemed to be repealed therewith. Effective imme-
 diately, 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 on or before such date.