Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Apr 20, 2022 |
print number 5232a |
Apr 20, 2022 |
amend (t) and recommit to veterans, homeland security and military affairs |
Jan 05, 2022 |
referred to veterans, homeland security and military affairs |
Feb 26, 2021 |
referred to veterans, homeland security and military affairs |
Senate Bill S5232A
2021-2022 Legislative Session
Removes the requirement that a veteran served during wartime to be granted certain benefits
download bill text pdfSponsored By
(D) 42nd Senate District
Archive: Last Bill Status - In Senate Committee Veterans, Homeland Security And Military Affairs Committee
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
Bill Amendments
2021-S5232 - Details
- Current Committee:
- Senate Veterans, Homeland Security And Military Affairs
- Law Section:
- Civil Service Law
- Laws Affected:
- Amd §§55-c, 75 & 86, Civ Serv L; amd §§360, 605, 668 & 669-a, Ed L; amd §§350, 356, 358, 364 & 366, Exec L; amd §32, Gen Bus L; amd §§238, 245 & 246, Mil L; amd §13.19, Pks & Rec L; amd §458-a, RPT L; amd §168, Soc Serv L; amd §404-a, V & T L; amd §54, Work Comp L; amd §§13, 15 & 23, Veterans' Services L
- Versions Introduced in 2023-2024 Legislative Session:
-
S5195
2021-S5232 - Sponsor Memo
BILL NUMBER: S5232 SPONSOR: SKOUFIS TITLE OF BILL: An act to amend the civil service law, the education law, the executive law, the general business law, the military law, the parks, recreation and historic preservation law, the real property tax law, the social services law, the vehicle and traffic law and the workers' compensation law, in relation to removing the requirement that a veteran served during wartime to be granted certain benefits PURPOSE: To remove the requirement that a veteran must have served during wartime to be granted certain benefits. SUMMARY OF PROVISIONS: Section 1: amends subdivision 2 of section 55-c of the civil service law to remove the requirement that only those veterans who served therein
during time of war be qualified for certain civil service positions. Section 2: amends subdivision 1 of section 75 of the civil service law to remove the requirement of wartime service. Section 3: amends subdivision 1 of section 85 of the civil service law to remove the requirement of wartime service in the definitions of "veteran" and "non-disabled veteran." Section 4: amends section 86 of the civil service law to remove the wartime service requirement. Section 5: amends subdivision 1 of section 360 of the education law to remove the wartime service requirement. Section 6: amends subdivision 605 of the education law to remove the wartime service requirement for regents scholarships. Section 7: amends subdivision 1 of section 668 of the education law to include members of the armed forces of the United States and who (A) was discharged or released therefrom under honorable conditions or (B) has a qualifying condition as defined in section 350 of the executive law and has received a discharge other than bad conduct or dishonorable from such service or (C) is a discharged LGBT veteran, as defined in section 350 of the executive law. Section 8: amends subdivisions 1 and 2 of section 669-a of the education law to remove combat requirements. Section 9: amends subdivision 3 of section 350 of the executive law to remove the wartime requirement included in the definition of "veteran." Section 10: amends subdivision 1 of section 356 of the executive law to remove the wartime requirement. Section 11: amends subdivision 1 of section 358 of the executive law to remove the wartime requirement. Section 12: amends subdivision 1 of section 364 of the executive law to remove the wartime requirement. Section 13: amends subdivision 1 of section 366 of the executive law to remove the wartime requirement included in the definition of "veteran." Section 14: amends subdivisions 1 and 2 of section 32 of the general business law to remove the wartime requirement. Section 15: amends subdivision 2 of section 238 of the military law to remove the wartime requirement. Section 16: amends section 245 of the military law to remove the wartime requirement for retirement allowances for certain veterans. Section 17: amends section 246 of the military law to remove the wartime requirement for leave of absence for public employees who are veterans to continue study. Section 18: amends section 13.19 of the parks, recreation and historic preservation law to remove the wartime requirement for free use of camp- sites. Section 19: amends subdivision 1 of section 458-a of the real property tax law to remove the wartime requirement included in the definition of "veteran." Section 20: amends subdivision 1 of section 168 of the social services law to remove the wartime requirement included in the definition of veteran. Section 21: amends subdivision 3 of section 404-a of the vehicle and traffic law to remove the wartime requirement included in the registra- tion of vehicles owned by severely disabled veterans. Section 22: amends subdivision 6 of section 54 of the workers' compen- sation law to remove the wartime requirement. Section 23: effective date. JUSTIFICATION: As enacted, New York State law provides certain benefits only to those United States veterans who served during times of war. This bill will ensure all veterans and their family members have access to their enti- tled benefits regardless of whether the United States was actively participating in a war during their time of service. LEGISLATIVE HISTORY: New bill FISCAL IMPLICATIONS: None. EFFECTIVE DATE: This act shall take effect immediately.
2021-S5232 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 5232 2021-2022 Regular Sessions I N S E N A T E February 26, 2021 ___________ Introduced by Sen. SKOUFIS -- read twice and ordered printed, and when printed to be committed to the Committee on Veterans, Homeland Securi- ty and Military Affairs AN ACT to amend the civil service law, the education law, the executive law, the general business law, the military law, the parks, recreation and historic preservation law, the real property tax law, the social services law, the vehicle and traffic law and the workers' compen- sation law, in relation to removing the requirement that a veteran served during wartime to be granted certain benefits THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision 1 of section 55-c of the civil service law, as amended by chapter 340 of the laws of 2008, is amended to read as follows: 1. The commission may determine up to five hundred positions with duties such as can be performed by disabled veterans and veterans with disabilities who are found otherwise qualified to perform satisfactorily the duties of any such position. Upon such determination, the said posi- tions shall be classified in the noncompetitive class, and may be filled only by veterans of the armed forces of the United States [who served therein during time of war, as defined in paragraph (c) of subdivision one of section eighty-five of this chapter], and (a) who establish by appropriate documentary evidence that they are disabled veterans, as defined in paragraph (b) of subdivision one of section eighty-five of this chapter, or (b) by those veterans, as defined in paragraph (a) of subdivision one of section eighty-five of this chapter, who shall have been certified by the employee health service of the department as being disabled but capable of performing the duties of said positions. Prior- ity in certification and referral of both such disabled veterans and certified disabled but capable veterans shall be given to those veterans who received a wound in combat, as documented by the awarding of the EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
LBD09384-01-1 S. 5232 2 purple heart, as authorized by the United States department of defense, and that wound is the cause of, or a substantially contributing factor to, the degree of impairment, who otherwise meet the requirements of this section. The number of veterans appointed pursuant to this section shall not exceed five hundred. § 2. 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 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 of the executive law, and receiving a discharge other than bad conduct or dishonorable from such service, or (ii) being a discharged LGBT veteran, as defined in section three hundred fifty of the executive law, and receiving a discharge other than bad conduct or dishonorable from such service, [having served therein as such member in time of war as defined in section eighty-five of this chapter,] or who is an exempt volunteer firefighter as defined in the general municipal law, except when a person described in this paragraph holds the position of private secretary, cashier or deputy of any official or department, or § 3. Paragraph (a) of subdivision 1 of section 85 of the civil service law, as amended by chapter 490 of the laws of 2019, is amended to read as follows: (a) The terms "veteran" and "non-disabled veteran" mean a member of the armed forces of the United States [who served therein in time of war], who was honorably discharged or released under honorable circum- stances from such service including (i) having a qualifying condition as defined in section three hundred fifty of the executive law, and receiv- ing a discharge other than bad conduct or dishonorable from such service, or (ii) being a discharged LGBT veteran, as defined in section three hundred fifty of the executive law, and receiving a discharge other than bad conduct or dishonorable from such service, who is a citi- zen 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. § 4. 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 of the executive law, and receiving a discharge other than bad conduct or dishonorable from such service, or (ii) being a discharged LGBT veteran, as defined in section three hundred fifty of the executive law, and receiving a discharge other than bad conduct or dishonorable from such service, [who served therein in time of war as defined in section eighty-five of this chapter,] or by an exempt volun- S. 5232 3 teer firefighter as defined in the general municipal law, shall become unnecessary or be abolished for reasons of economy or otherwise, the honorably discharged veteran or exempt volunteer firefighter holding such position shall not be discharged from the public service but shall be transferred to a similar position wherein a vacancy exists, and shall receive the same compensation therein. It is hereby made the duty of all persons clothed with the power of appointment to make such transfer effective. The right to transfer herein conferred shall continue for a period of one year following the date of abolition of the position, and may be exercised only where a vacancy exists in an appropriate position to which transfer may be made at the time of demand for transfer. Where the positions of more than one such veteran or exempt volunteer fire- fighter are abolished and a lesser number of vacancies in similar posi- tions exist to which transfer may be made, the veterans or exempt volun- teer firefighters whose positions are abolished shall be entitled to transfer to such vacancies in the order of their original appointment in the service. Nothing in this section shall be construed to apply to the position of private secretary, cashier or deputy of any official or department. This section shall have no application to persons encom- passed by section eighty-a of this chapter. § 5. 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 shall be exempt from any fees for parking or registering a motor vehi- cle, and the assessment of administrative fines upon the owner or opera- tor of such vehicles for each violation of the regulations. However, no such fine may be imposed without a hearing or an opportunity to be heard conducted by an officer or board designated by the board of trustees. Such fines, in the case of an officer or employee of state university, may be deducted from the salary or wages of such officer or employee found in violation of such regulations, or in the case of a student of state university found in violation of such regulations, the university may withhold his grades and transcripts until such time as any fine is paid. For purposes of this subdivision, the term "veteran" shall mean a member of the armed forces of the United States who served in such armed forces [in time of war] and who (i) was honorably discharged or released under honorable circumstances from such service, or (ii) has a qualify- ing condition, as defined in section three hundred fifty of the execu- tive law, and has received a discharge other than bad conduct or dishonorable from such service, or (iii) is a discharged LGBT veteran, as defined in section three hundred fifty of the executive law, and has received a discharge other than bad conduct or dishonorable from such service. § 6. 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 begin- ning with the college year nineteen hundred seventy-five--nineteen S. 5232 4 hundred seventy-six. Six hundred such scholarships shall be awarded in such year to veterans of the armed forces of the United States who have served on active duty (other than for training) between October one, nineteen hundred sixty-one and March twenty-nine, nineteen hundred seventy-three, and who on the date by which applications are required to be submitted (a) have been released from such active duty on conditions not other than honorable, or (b) have a qualifying condition, as defined in section three hundred fifty of the executive law, and have received a discharge other than bad conduct or dishonorable from such service, or (c) are discharged LGBT veterans, as defined in section three hundred fifty of the executive law, and have received a discharge other than bad conduct or dishonorable from such service. Such scholarships shall be allocated to each county in the state in the same ratio that the number of legal residents in such county, as determined by the most recent federal census, bears to the total number of residents in the state; provided, however, that no county shall be allocated fewer scholarships than such county received during the year nineteen hundred sixty-eight- -sixty-nine. § 7. Subdivision 1 of section 668 of the education law, as amended by chapter 580 of the laws of 1992, paragraphs (a) and (d) as amended by chapter 261 of the laws of 1995, paragraph (b) as amended by chapter 490 of the laws of 2019 and paragraphs (f) and (g) as added by chapter 435 of the laws of 2006, is amended to read as follows: 1. Period of military service. For a student to be eligible, the parent, or step-parent where the student is the dependent of the step- parent, (i) must [have been a recipient of the armed forces expedition- ary medal, the navy expeditionary medal or the marine corps expedition- ary medal for participation in operations in Lebanon from June first, nineteen hundred eighty-three to December first, nineteen hundred eight- y-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] HAVE BEEN A MEMBER OF THE ARMED FORCES OF THE UNITED STATES, AND WHO (A) WAS DISCHARGED OR RELEASED THEREFROM UNDER HONORABLE CONDITIONS, OR (B) HAS A QUALIFYING CONDITION, AS DEFINED IN SECTION THREE HUNDRED FIFTY OF THE EXECUTIVE LAW, AND HAS RECEIVED A DISCHARGE OTHER THAN BAD CONDUCT OR DISHONORABLE FROM SUCH SERVICE, OR (C) IS A DISCHARGED LGBT VETERAN, AS DEFINED IN SECTION THREE HUNDRED FIFTY OF THE EXECUTIVE LAW, or (ii) must have served on regular active duty (other than for training) in the armed forces of the United States during part of one of the following periods: (a) April sixth, nineteen hundred seventeen to November eleven, nine- teen hundred eighteen. (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, S. 5232 5 Mexico, or the West Indies via ocean routes, or public vessels in ocean- going service or foreign waters and who has received a Certificate of Release or Discharge from Active Duty and a discharge certificate, or an Honorable Service Certificate/Report of Casualty, from the Department of Defense or have served as a United States civilian employed by the Amer- ican Field Service and served overseas under United States Armies and United States Army Groups in world war II during the period of armed conflict, December seventh, nineteen hundred forty-one through May eighth, nineteen hundred forty-five, and who (i) was discharged or released therefrom under honorable conditions, or (ii) has a qualifying condition, as defined in section three hundred fifty of the executive law, and has received a discharge other than bad conduct or dishonorable from such service, or (iii) is a discharged LGBT veteran, as defined in section three hundred fifty of the executive law, and has received a discharge other than bad conduct or dishonorable from such service, or have served as a United States civilian Flight Crew and Aviation Ground Support Employee of Pan American World Airways or one of its subsid- iaries or its affiliates and served overseas as a result of Pan Ameri- can's contract with Air Transport Command or Naval Air Transport Service during the period of armed conflict, December fourteenth, nineteen hundred forty-one through August fourteenth, nineteen hundred forty- five, and who (iv) was discharged or released therefrom under honorable conditions, or (v) has a qualifying condition, as defined in section three hundred fifty of the executive law, and has received a discharge other than bad conduct or dishonorable from such service, or (vi) is a discharged LGBT veteran, as defined in section three hundred fifty of the executive law, and has received a discharge other than bad conduct or dishonorable from such service. (c) June twenty-seven, nineteen hundred fifty to January thirty-one, nineteen hundred fifty-five. (d) December twenty-second, nineteen hundred sixty-one to May seventh, nineteen hundred seventy-five. (e) August two, nineteen hundred ninety to the end of hostilities in the Persian Gulf conflict. (f) From September eighteenth, two thousand one until the end of the United States military efforts in Afghanistan. (g) From October sixteenth, two thousand two until the end of the United States military efforts in Iraq. § 8. Subdivisions 1 and 2 of section 669-a of the education law, subdivision 1 as amended by chapter 490 of the laws of 2019 and subdivi- sion 2 as amended by section 3 of part N of chapter 57 of the laws of 2008, are amended to read as follows: 1. As used in this section, the following terms shall have the follow- ing meanings: a. "Vietnam veteran" means (i) a person who is a resident of this state, (ii) who served in the armed forces of the United States in Indo- china at any time from the twenty-eighth day of February, nineteen hundred sixty-one, to and including the seventh day of May, nineteen hundred seventy-five, and (iii) who was either discharged therefrom under honorable conditions, including but not limited to honorable discharge, discharge under honorable conditions, or general discharge, or has a qualifying condition, as defined in section three hundred fifty of the executive law, and has received a discharge other than bad conduct or dishonorable from such service, or is a discharged LGBT veteran, as defined in section three hundred fifty of the executive law, S. 5232 6 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 of the executive law, and has received a discharge other than bad conduct or dishonorable from such service, or is a discharged LGBT veteran, as defined in section three hundred fifty of the executive law, and has received a discharge other than bad conduct or dishonorable from such service. c. "Afghanistan veteran" means (i) a person who is a resident of this state, (ii) who served in the armed forces of the United States in the hostilities that occurred in Afghanistan from the eleventh day of September, two thousand one, to the end of such hostilities, and (iii) who was either discharged therefrom under honorable conditions, includ- ing but not limited to honorable discharge, discharge under honorable conditions, or general discharge, or has a qualifying condition, as defined in section three hundred fifty of the executive law, and has received a discharge other than bad conduct or dishonorable from such service, or is a discharged LGBT veteran, as defined in section three hundred fifty of the executive law, and has received a discharge other than bad conduct or dishonorable from such service. d. "Other eligible [combat] veteran" means: an individual who (i) is a resident of this state, (ii) served in the armed forces of the United States [in hostilities that occurred after February twenty-eighth, nine- teen hundred sixty-one, as evidenced by their receipt of an Armed Forces Expeditionary Medal, Navy Expeditionary Medal, or Marine Corps Expedi- tionary Medal], and (iii) was either discharged under honorable condi- tions, including but not limited to honorable discharge, discharge under honorable conditions, or general discharge, or has a qualifying condi- tion, as defined in section three hundred fifty of the executive law, and has received a discharge other than bad conduct or dishonorable from such service, or is a discharged LGBT veteran, as defined in section three hundred fifty of the executive law, and has received a discharge other than bad conduct or dishonorable from such service. e. "Part time study" means enrollment for at least three but less than twelve semester hours per semester, or the equivalent, in an approved undergraduate or graduate program. f. "Approved vocational training programs" means programs offered by agencies approved by the commissioner for funding pursuant to this section. The commissioner shall approve only such non-credit programs which are at least three hundred twenty clock hours in length, and which meet standards of instructional quality established in regulations by the commissioner. These standards shall include, but not be limited to, qualifications of administrative and instructional personnel, quality of facilities and equipment, recordkeeping, admission, grading, attendance, and record of placement of completers which meets standards of accepta- bility as established by the commissioner. 2. a. Tuition awards are available for all Vietnam, Persian Gulf, Afghanistan and other eligible [combat] veterans, as defined in subdivi- sion one of this section, who are enrolled, pursuant to paragraph a of subdivision four of section six hundred sixty-one of this part, in S. 5232 7 approved undergraduate or graduate programs at degree granting insti- tutions or enrolled in approved vocational training programs and who apply for a tuition assistance program award pursuant to section six hundred sixty-seven of this subpart. b. Eligibility for awards under this section shall be established as of the date the application is received by the corporation. All eligible recipients shall receive an award in an amount as set forth in subdivi- sion four of this section. § 9. Subdivision 3 of section 350 of the executive law is amended to read as follows: 3. The term "veteran" means a person, male or female, resident of this state, who has served in the active military or naval 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. § 10. Subdivision 1 of section 356 of the executive law is amended to read as follows: 1. A state veterans' service agency established by the division pursu- ant to this article shall have power 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 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, and (5) other matters of similar, related or appropriate nature. The state veterans' service agency also shall perform such other duties as may be assigned by the state director. § 11. Subdivision 1 of section 358 of the executive law, as amended by chapter 482 of the laws of 2019, is amended to read as follows: 1. A local veterans' service agency shall have power under the direc- tion 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 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 proc- ess 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 avail- able 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 veterans' service agency also shall perform such other duties as may be assigned by the state director. § 12. Subdivision 1 of section 364 of the executive law, as added by chapter 424 of the laws of 1961, paragraph a as amended by chapter 490 S. 5232 8 of the laws of 2019 and paragraph c as added by chapter 751 of the laws of 1985, is amended to read as follows: 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 three hundred fifty of this article, and has received a discharge other than bad conduct or dishonorable from such service, or (iii) is a discharged LGBT veteran, as defined in section three hundred fifty of this article, and has received a discharge other than bad conduct or dishonorable from such service[, and who (iv) was a recipient of the armed forces expedi- tionary medal, the navy expeditionary medal or the marine corps expedi- tionary medal for participation in operations in Lebanon from June first, nineteen hundred eighty-three to December first, nineteen hundred eighty-seven, in Grenada from October twenty-third, nineteen hundred eighty-three to November twenty-first, nineteen hundred eighty-three, or in Panama from December twentieth, nineteen hundred eighty-nine to Janu- ary thirty-first, nineteen hundred ninety, or (v) served on active duty for ninety days or more in the armed forces of the United States during any one of the following wars or hostilities: (1) in the Spanish-American war from the twenty-first day of April, eighteen hundred ninety-eight to the eleventh day of April, eighteen hundred ninety-nine, inclusive; (2) in the Philippine insurrection or the China relief expedition from the eleventh day of April, eighteen hundred ninety-nine to the fourth day of July, nineteen hundred two, inclusive; (3) in the Mexican border campaign from the ninth day of May, nineteen hundred sixteen, to the fifth day of April, nineteen hundred seventeen, inclusive; (4) in world war I from the sixth day of April, nineteen hundred seventeen to the eleventh day of November, nineteen hundred eighteen, inclusive; (5) in world war II from the seventh day of December, nineteen hundred forty-one to the thirty-first day of December, nineteen hundred forty- six, inclusive, or who was employed by the War Shipping Administration or Office of Defense Transportation or their agents as a merchant seaman documented by the United States Coast Guard or Department of Commerce, or as a civil servant employed by the United States Army Transport Service (later redesignated as the United States Army Transportation Corps, Water Division) or the Naval Transportation Service; and who served satisfactorily as a crew member during the period of armed conflict, December seventh, nineteen hundred forty-one, to August fifteenth, nineteen hundred forty-five, aboard merchant vessels in oceangoing, i.e., foreign, intercoastal, or coastwise service as such terms are defined under federal law (46 USCA 10301 & 10501) and further to include "near foreign" voyages between the United States and Canada, Mexico, or the West Indies via ocean routes, or public vessels in ocean- going service or foreign waters and who has received a Certificate of Release or Discharge from Active Duty and a discharge certificate, or an Honorable Service Certificate/Report of Casualty, from the Department of Defense, or who served as a United States civilian employed by the Amer- ican Field Service and served overseas under United States Armies and United States Army Groups in world war II during the period of armed S. 5232 9 conflict, December seventh, nineteen hundred forty-one through May eighth, nineteen hundred forty-five, and who (i) was discharged or released therefrom under honorable conditions, or (ii) has a qualifying condition, as defined in section three hundred fifty of this article, and has received a discharge other than bad conduct or dishonorable from such service, or (iii) is a discharged LGBT veteran, as defined in section three hundred fifty of this article, and has received a discharge other than bad conduct or dishonorable from such service, or who served as a United States civilian Flight Crew and Aviation Ground Support Employee of Pan American World Airways or one of its subsid- iaries or its affiliates and served overseas as a result of Pan Ameri- can's contract with Air Transport Command or Naval Air Transport Service during the period of armed conflict, December fourteenth, nineteen hundred forty-one through August fourteenth, nineteen hundred forty- five, and who (iv) was discharged or released therefrom under honorable conditions, or (v) has a qualifying condition, as defined in section three hundred fifty of this article, and has received a discharge other than bad conduct or dishonorable from such service, or (vi) is a discharged LGBT veteran, as defined in section three hundred fifty of this article, and has received a discharge other than bad conduct or dishonorable from such service; (6) in the Korean hostilities from the twenty-seventh day of June, nineteen hundred fifty to the thirty-first day of January, nineteen hundred fifty-five, inclusive; (7) in the Vietnam conflict from the twenty-eighth day of February, nineteen hundred sixty-one to the seventh day of May, nineteen hundred seventy-five; (8) in the Persian Gulf conflict from the second day of August, nine- teen hundred ninety to the end of such conflict]. 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. § 13. Paragraph b of subdivision 1 of section 366 of the executive law, as added by chapter 743 of the laws of 2006, is amended to read as follows: 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; § 14. Subdivisions 1 and 2 of section 32 of the general business law, as amended by chapter 490 of the laws of 2019, are 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 of the executive law, and has received a discharge other than bad conduct or dishonorable from S. 5232 10 such service, or (c) is a discharged LGBT veteran, as defined in section three hundred fifty of the executive law, and has received a discharge other than bad conduct or dishonorable from such service, and who is a resident of this state and a veteran [of any war, or who shall have served in the armed forces of the United States 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 merchan- dise 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 prem- ises under the jurisdiction of the division of the state fair in the department of agriculture and markets, shall be deemed a street or high- way within the meaning of this section. 2. Any such former member of the armed forces of the United States may present to the clerk of any county in which he has resided for a period of at least six months, his original certificate of release or discharge from active duty, or a copy thereof duly certified by the recording officer or a certificate in lieu of lost discharge issued by a depart- ment of the armed forces of the United States which shall show that the person presenting it is a veteran [of any war, or that he has served overseas in the armed forces of the United States]. He shall also fill out a blank which shall when filled out state his name, residence at the time of application, nature of goods to be sold, and if the applicant is working on commission or percentage for any person, firm or corporation, the name and business address of such person, firm or corporation. This statement shall be signed by the applicant in the presence of the county clerk, or a deputy designated by him, and the name on this application and on the original certificate of release or discharge from active duty shall be compared by the county clerk to ascertain if the person so applying is the same person named in the original certificate of release or discharge from active duty. Such county clerk when so satisfied shall issue, without cost, to such former member of the armed forces of the United States, a license certifying him to be entitled to the benefits of this section. § 15. Subdivision 2 of section 238 of the military law, as amended by chapter 490 of the laws of 2019, is amended to read as follows: 2. Any person, except members of the armed forces of the United States, members of the organized militia of this or any other state, personnel of the independent military organizations designated in section two hundred forty of this article, members of associations whol- ly composed of persons who (a) were honorably discharged from the armed forces of the United States, or (b) have a qualifying condition, as defined in section three hundred fifty of the executive law, and have received a discharge other than bad conduct or dishonorable from the armed forces of the United States, or (c) are discharged LGBT veterans, as defined in section three hundred fifty of the executive law, and have received a discharge other than bad conduct or dishonorable from the armed forces of the United States, and members of associations wholly composed of sons of veterans [of any war of the United States], who shall wear any uniform or any device, strap, knot or insignia of any design or character used as a designation of grade, rank or office, such as are by law or by regulation, duly promulgated, prescribed for the use of the organized militia or similar thereto; or, § 16. Section 245 of the military law, as amended by chapter 490 of the laws of 2019, is amended to read as follows: S. 5232 11 § 245. Retirement allowances of certain [war] veterans. Any member of a teachers' retirement system to which the city of New York is required by law to make contributions on account of such member who (i) is an 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 of the executive law, and has received a discharge other than bad conduct or dishonorable, or (iii) is a discharged LGBT veteran, as defined in section three hundred fifty of the executive law, and has received a discharge other than bad conduct or dishonorable, [having served as such during the time of war] and who has attained the age of fifty years, may retire upon his own request upon written appli- cation to the board setting forth at what time not less than thirty days subsequent to the execution and filing thereof he desires to be retired, provided that such member at the time so specified for his retirement shall have completed at least twenty-five years of allowable service. Upon retirement such member shall receive an annuity of equivalent actu- arial value to his accumulated deductions, and, in addition, a pension beginning immediately, having a value equal to the present value of the pension that would have become payable had he continued at his current salary to the age at which he would have first become eligible for service retirement, provided, however, that the said member on making application for retirement shall pay into the retirement fund a sum of money which calculated on an actuarial basis, together with his prior contributions and other accumulations in said fund then to his credit, shall be sufficient to entitle the said member to the same annuity and pension that he would have received had he remained in the service of the city until he had attained the age at which he otherwise would have first become eligible for service retirement. Notwithstanding any other provision of this section or of any general, special or local law or code to the contrary, a member of any such teachers' retirement system who (i) is separated or discharged under honorable conditions from any branch of the armed forces of the United States, or (ii) has a qualifying condition, as defined in section three hundred fifty of the executive law, and has received a discharge other than bad conduct or dishonorable, or (iii) is a discharged LGBT veteran, as defined in section three hundred fifty of the executive law, and has received a discharge other than bad conduct or dishonorable, [having served as such during the time of war] and who has attained the age of fifty years, may retire upon his own request upon written application to the board setting forth at what time, not less than thirty days subse- quent to the execution and filing thereof, he desires to be retired, provided that such member at that time so specified for his retirement shall have completed at least twenty-five years of allowable service. Upon reaching his previously selected minimum retirement age, such member shall receive an annuity of equivalent actuarial value, at that time, to his accumulated deductions, and, in addition, a pension based upon his credited years of allowable service, plus the pension-for-in- creased-take-home-pay, if any. Should such member die before reaching his retirement age, then any beneficiary under a selected option shall be eligible for benefits under such option at the date upon which the member would have reached his selected retirement age. § 17. Section 246 of the military law, as amended by chapter 43 of the laws of 1967, is amended to read as follows: § 246. Leave of absence for public employees who are [war] veterans to continue study. Notwithstanding the provisions of any law to the contrary, every public officer and employee, who served in the armed S. 5232 12 forces of the United States [on or after September sixteenth, nineteen hundred forty, and prior to the termination of hostilities in world war II, or during the period of hostilities engaged in by the armed forces of the United States on and after June twenty-fifth, nineteen hundred fifty, or who served in the armed forces of the United States after January thirty-first, nineteen hundred fifty-five, and] who is eligible under the provisions enacted by the congress of the United States known as "Servicemen's Readjustment Act of nineteen hundred forty-four," or "Veterans' Readjustment Assistance Act of nineteen hundred fifty-two," or "Veterans' Readjustment Benefits Act of nineteen hundred sixty-six," to continue the pursuit of studies or to take a refresher or retraining course shall be granted a leave of absence from his position for the period of such course of study, not to exceed four years. Such public officer or employee shall be reinstated to his position provided he makes application for such reinstatement within sixty days after the termination of such course of study. § 18. Section 13.19 of the parks, recreation and historic preservation law, as amended by chapter 649 of the laws of 1977, is amended to read as follows: § 13.19 Free use of campsites. Notwithstanding the provisions of any other law, any person who is blind, non-ambulatory, or an amputee or any veteran [of the wars of the United States], who has at any time been awarded by the federal government an allowance towards the purchase of an automobile or is eligible for such an award shall be permitted to use any of the public campsites, parks and other public places of recreation in this state, upon the same terms and conditions as apply to the gener- al public, but without the payment of any fees or other charges for the use of such campsites, parks and other public places of recreation. § 19. Paragraph (e) of subdivision 1 of section 458-a of the real property tax law, as amended by chapter 490 of the laws of 2019, is amended to read as follows: (e) "Veteran" means a person (i) who served in the active military, naval, or air service [during a period of war, or who was a recipient of the armed forces expeditionary medal, navy expeditionary medal, marine corps expeditionary medal, or global war on terrorism expeditionary medal,] and who (1) was discharged or released therefrom under honorable conditions, or (2) has a qualifying condition, as defined in section three hundred fifty of the executive law, and has received a discharge other than bad conduct or dishonorable from such service, or (3) is a discharged LGBT veteran, as defined in section three hundred fifty of the executive law, and has received a discharge other than bad conduct or dishonorable from such service, (ii) who was employed by the War Shipping Administration or Office of Defense Transportation or their agents as a merchant seaman documented by the United States Coast Guard or Department of Commerce, or as a civil servant employed by the United States Army Transport Service (later redesignated as the United States Army Transportation Corps, Water Division) or the Naval Transportation Service; and who served satisfactorily as a crew member during the peri- od of armed conflict, December seventh, nineteen hundred forty-one, to August fifteenth, nineteen hundred forty-five, aboard merchant vessels in oceangoing, i.e., foreign, intercoastal, or coastwise service as such terms are defined under federal law (46 USCA 10301 & 10501) and further to include "near foreign" voyages between the United States and Canada, Mexico, or the West Indies via ocean routes, or public vessels in ocean- going service or foreign waters and who has received a Certificate of Release or Discharge from Active Duty and a discharge certificate, or an S. 5232 13 Honorable Service Certificate/Report of Casualty, from the department of defense, (iii) who served as a United States civilian employed by the American Field Service and served overseas under United States Armies and United States Army Groups in world war II during the period of armed conflict, December seventh, nineteen hundred forty-one through May eighth, nineteen hundred forty-five, and who (1) was discharged or released therefrom under honorable conditions, or (2) has a qualifying condition, as defined in section three hundred fifty of the executive law, and has received a discharge other than bad conduct or dishonorable from such service, or (3) is a discharged LGBT veteran, as defined in section three hundred fifty of the executive law, and has received a discharge other than bad conduct or dishonorable from such service, (iv) who served as a United States civilian Flight Crew and Aviation Ground Support Employee of Pan American World Airways or one of its subsid- iaries or its affiliates and served overseas as a result of Pan Ameri- can's contract with Air Transport Command or Naval Air Transport Service during the period of armed conflict, December fourteenth, nineteen hundred forty-one through August fourteenth, nineteen hundred forty- five, and who (1) was discharged or released therefrom under honorable conditions, or (2) has a qualifying condition, as defined in section three hundred fifty of the executive law, and has received a discharge other than bad conduct or dishonorable from such service, or (3) is a discharged LGBT veteran, as defined in section three hundred fifty of the executive law, and has received a discharge other than bad conduct or dishonorable from such service, or (v) notwithstanding any other provision of law to the contrary, who are members of the reserve compo- nents of the armed forces of the United States who (1) received an honorable discharge or release therefrom under honorable conditions, or (2) has a qualifying condition, as defined in section three hundred fifty of the executive law, and has received a discharge other than bad conduct or dishonorable from such service, or (3) is a discharged LGBT veteran, as defined in section three hundred fifty of the executive law, and has received a discharge other than bad conduct or dishonorable from such service, but are still members of the reserve components of the armed forces of the United States provided that such members meet all other qualifications under the provisions of this section. § 20. Subdivision 1 of section 168 of the social services law, as amended by chapter 490 of the laws of 2019, is amended to read as follows: 1. Veteran means a person, male or female, who has served in the armed forces of the United States [in time of war], or who was a recipient of the armed forces expeditionary medal, navy expeditionary medal or marine corps expeditionary medal for participation in operations in Lebanon from June first, nineteen hundred eighty-three to December first, nine- teen hundred eighty-seven, in Grenada from October twenty-third, nine- teen hundred eighty-three to November twenty-first, nineteen hundred eighty-three, or in Panama from December twentieth, nineteen hundred eighty-nine to January thirty-first, nineteen hundred ninety, and who (1) has been honorably discharged or released under honorable circum- stances from such service or furloughed to the reserve, or (2) has a qualifying condition, as defined in section three hundred fifty of the executive law, and has received a discharge other than bad conduct or dishonorable from such service, or (3) is a discharged LGBT veteran, as defined in section three hundred fifty of the executive law, and has received a discharge other than bad conduct or dishonorable from such service. S. 5232 14 § 21. Subdivision 3 of section 404-a of the vehicle and traffic law, as added by chapter 601 of the laws of 1987, is amended to read as follows: 3. Registration of vehicles owned by severely disabled veterans. The commissioner shall assign to such motor vehicles, including any vans or pick-up trucks used for transporting handicapped veterans which are not used for commercial purposes and which are owned by such veterans or a not-for-profit corporation serving such veterans, a distinctive number and issue and deliver in such manner as the commissioner may prescribe to the owner a certification of registration, in such form as the commissioner shall prescribe and two number plates, called disabled veteran plates. Said severely disabled veteran plates shall conform to the requirements of section four hundred one of this chapter, but shall bear distinctive marks to distinguish them from number plates to be issued to other persons, qualifying under this chapter. The commissioner in his discretion, may issue, for any registration year, only one plate as a set for a motor vehicle, in which event a set of severely disabled veteran plates for a motor vehicle shall consist of one plate. Where a severely disabled veteran owns more than one vehicle and such vehicle or vehicles is or are used by severely disabled members of the owner's family who reside with the owner, the commissioner shall issue one set of plates for each additional vehicle used by such severely disabled veteran, provided that such user qualifies as a severely disabled veter- an in the manner required by this section. For purposes of this subdivi- sion, the term "severely disabled veteran" shall mean any member of the armed forces of the United States [who served in time of war, as defined in section eighty-five of the civil service law, and] whose disability qualifies him as a severely disabled person within the meaning of such term as defined in subdivision four of this section. § 22. Paragraphs f and g of subdivision 6 of section 54 of the work- ers' compensation law, as amended by chapter 205 of the laws of 1993, are amended to read as follows: f. Notwithstanding the provisions of paragraph a of this subdivision or any other provision of this chapter, any executive officer of a reli- gious, charitable or educational corporation and the officers of a municipal corporation, and officers of any post or chapter of organiza- tions of veterans [of any war] of the United States may be brought with- in the coverage of the insurance contract as if they were employees by any such corporation filing with the insurance carrier, upon a form prescribed by the chair of the workers' compensation board, a notice that the corporation elects to bring one or more executive officers of such corporation named in the notice within the coverage of this chap- ter. Such election shall be effective with respect to all policies issued to such corporation by such insurance carrier as long as it shall continuously insure the corporation. If such election is revoked, it shall be in writing on a form prescribed by the chair and filed with the chair and with the insurance carrier and a copy thereof furnished to each officer as to whom such revocation is applicable, upon a form prescribed by the chair. Such revocation shall not be effective until thirty days after such filing. The estimation of the wage values of executive officers within the coverage of the insurance contract shall be reasonable and separately stated and added to the valuation of the payrolls upon which the premium is computed. g. The executive officers brought within the coverage of the insurance contract, and the dependents of any such executive officers, including executive officers of religious, charitable or educational corporations S. 5232 15 and officers of municipal corporations, and officers of any post or chapter of organizations of veterans [of any war] of the United States that have elected to bring their officers within the coverage of the policy, shall have the same rights and remedies as any employee and shall be entitled to compensation and medical care as provided by this chapter, and the insurance carrier shall be liable therefor and for payments into the special funds provided in this chapter as in the case of an employee. The executive officers who may be brought within the coverage of an insurance contract shall include an officer of a corpo- ration who at all times during the period involved between them owns all of the issued and outstanding stock of the corporation and holds all of the offices pursuant to paragraph (e) of section seven hundred fifteen of the business corporation law or two executive officers of a corpo- ration who at all times during the period involved between them own all of the issued and outstanding stock of such corporation and hold all such offices and who is the executive officer or who are the executive officers of a corporation that has no other persons who are employees required to be covered under this chapter. § 23. This act shall take effect immediately.
2021-S5232A (ACTIVE) - Details
- Current Committee:
- Senate Veterans, Homeland Security And Military Affairs
- Law Section:
- Civil Service Law
- Laws Affected:
- Amd §§55-c, 75 & 86, Civ Serv L; amd §§360, 605, 668 & 669-a, Ed L; amd §§350, 356, 358, 364 & 366, Exec L; amd §32, Gen Bus L; amd §§238, 245 & 246, Mil L; amd §13.19, Pks & Rec L; amd §458-a, RPT L; amd §168, Soc Serv L; amd §404-a, V & T L; amd §54, Work Comp L; amd §§13, 15 & 23, Veterans' Services L
- Versions Introduced in 2023-2024 Legislative Session:
-
S5195
2021-S5232A (ACTIVE) - Sponsor Memo
BILL NUMBER: S5232A SPONSOR: SKOUFIS TITLE OF BILL: An act to amend the civil service law, the education law, the executive law, the veterans' services law, the general business law, the military law, the parks, recreation and historic preservation law, the real prop- erty tax law, the social services law, the vehicle and traffic law and the workers' compensation law, in relation to removing the requirement that a veteran served during wartime to be granted certain benefits PURPOSE: To remove the requirement that a veteran must have served during wartime to be granted certain benefits. SUMMARY OF PROVISIONS: Section 1: amends subdivision 2 of section 55-c of the civil service law to remove the requirement that only those veterans who served therein during time of war be qualified for certain civil service positions.
Section 2: amends subdivision 1 of section 75 of the civil service law to remove the requirement of wartime service. Section 3: amends section 86 of the civil service law to remove the wartime service requirement. Section 4: amends subdivision 1 of section 360 of the education law to remove the wartime service requirement. Section 5: amends subdivision 605 of the education law to remove the wartime service requirement for regents scholarships. Section 6: amends subdivision 1 of section 668 of the education law to include members of the armed forces of the United States and who (A) was discharged or relesed therefrom under honorable conditions or (B) has a qualifying condition as defined in section 350 of the executive law and has received a discharge other than bad conduct or dishonorable from such service or (C) is a discharged LGBT veteran, as defined in section 350 of the executive law. Section 7: amends subdivisions 1 and 2 of section 669-a of the education law to remove combat requirements. Section 8: amends subdivision 3 of section 350 of the executive law to remove the wartime requirement included in the definition of "veteran." Section 9: amends subdivision 1 of section 356 of the executive law to remove the wartime requirement. Section 10: amends subdivision 1 of section 358 of the executive law to remove the wartime requirement. Section 11: amends subdivision 1 of section 364 of the executive law to remove the wartime requirement. Section 12: amends subdivision 1 of section 366 of the executive law to remove the wartime requirement included in the definition of "veteran." Section 13: amends subdivisions 1 and 2 of section 32 of the general business law to remove the wartime requirement. Section 14: amends subdivision 2 of section 238 of the military law to remove the wartime requirement. Section 15: amends section 245 of the military law to remove the wartime requirement for retirement allowances for certain veterans. Section 16: amends section 246 of the military law to remove the wartime requirement for leave of absence for public employees who are veterans to continue study. Section 17: amends section 13.19 of the parks, recreation and historic preservation law to remove the wartime requirement for free use of camp- sites. Section 18: amends subdivision 1 of section 458-a of the real property tax law to remove the wartime requirement included in the definition of "veteran." Section 19: amends subdivision 1 of section 168 of the social services law to remove the wartime requirement included in the definition of veteran. Section 20: amends subdivision 3 of section 404-a of the vehicle and traffic law to remove the wartime requirement included in the registra- tion of vehicles owned by severely disabled veterans. Section 21: amends subdivision 6 of section 54 of the workers' compen- sation law to remove the wartime requirement. Section 22: effective date. DIFFERENCES BETWEEN ORIGINAL AND AMENDED VERSION: Original Section 3 of bill regarding changes to section 85 of civil service law removed due to changes made by chapter 606 of 2021. Dates of certain conflicts changed due to changes made by chapter 606 of 2021. JUSTIFICATION: As enacted, New York State law provides certain benefits only to those United States veterans who served during times of war. This bill will ensure all veterans and their family members have access to their enti- tled benefits regardless of whether the United States was actively participating in a war during their time of service. LEGISLATIVE HISTORY: 2021: S5232- Referred to Veterans, Homeland Security, and Military Affairs. FISCAL IMPLICATIONS: None. EFFECTIVE DATE: This act shall take effect immediately.
2021-S5232A (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 5232--A 2021-2022 Regular Sessions I N S E N A T E February 26, 2021 ___________ Introduced by Sen. SKOUFIS -- read twice and ordered printed, and when printed to be committed to the Committee on Veterans, Homeland Securi- ty and Military Affairs -- recommitted to the Committee on Veterans, Homeland Security and Military Affairs in accordance with Senate Rule 6, sec. 8 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the civil service law, the education law, the executive law, the veterans' services law, the general business law, the mili- tary law, the parks, recreation and historic preservation law, the real property tax law, the social services law, the vehicle and traf- fic law and the workers' compensation law, in relation to removing the requirement that a veteran served during wartime to be granted certain benefits THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision 1 of section 55-c of the civil service law, as amended by chapter 340 of the laws of 2008, is amended to read as follows: 1. The commission may determine up to five hundred positions with duties such as can be performed by disabled veterans and veterans with disabilities who are found otherwise qualified to perform satisfactorily the duties of any such position. Upon such determination, the said posi- tions shall be classified in the noncompetitive class, and may be filled only by veterans of the armed forces of the United States [who served therein during time of war, as defined in paragraph (c) of subdivision one of section eighty-five of this chapter], and (a) who establish by appropriate documentary evidence that they are disabled veterans, as defined in paragraph (b) of subdivision one of section eighty-five of this chapter, or (b) by those veterans, as defined in paragraph (a) of subdivision one of section eighty-five of this chapter, who shall have been certified by the employee health service of the department as being EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD09384-04-2
S. 5232--A 2 disabled but capable of performing the duties of said positions. Prior- ity in certification and referral of both such disabled veterans and certified disabled but capable veterans shall be given to those veterans who received a wound in combat, as documented by the awarding of the purple heart, as authorized by the United States department of defense, and that wound is the cause of, or a substantially contributing factor to, the degree of impairment, who otherwise meet the requirements of this section. The number of veterans appointed pursuant to this section shall not exceed five hundred. § 2. 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 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 of the executive law, and receiving a discharge other than bad conduct or dishonorable from such service, or (ii) being a discharged LGBT veteran, as defined in section three hundred fifty of the executive law, and receiving a discharge other than bad conduct or dishonorable from such service, [having served therein as such member in time of war as defined in section eighty-five of this chapter,] or who is an exempt volunteer firefighter as defined in the general municipal law, except when a person described in this paragraph holds the position of private secretary, cashier or deputy of any official or department, or § 3. Paragraph (b) of subdivision 1 of section 75 of the civil service law, as amended by section 36 of part PP of chapter 56 of the laws of 2022, is amended to read as follows: (b) a person holding a position by permanent appointment or employment in the classified service of the state or in the several cities, coun- ties, towns, or villages thereof, or in any other political or civil division of the state or of a municipality, or in the public school service, or in any public or special district, or in the service of any authority, commission or board, or in any other branch of public service, who was honorably discharged or released under honorable circumstances from the armed forces of the United States including (i) having a qualifying condition as defined in section one of the 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 one of the 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 § 4. 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 S. 5232--A 3 of the United States or by any veteran of the armed forces of the United States released under honorable circumstances from such service includ- ing (i) having a qualifying condition as defined in section three hundred fifty of the executive law, and receiving a discharge other than bad conduct or dishonorable from such service, or (ii) being a discharged LGBT veteran, as defined in section three hundred fifty of the executive law, and receiving a discharge other than bad conduct or dishonorable from such service, [who served therein in time of war as defined in section eighty-five of this chapter,] or by an exempt volun- teer firefighter as defined in the general municipal law, shall become unnecessary or be abolished for reasons of economy or otherwise, the honorably discharged veteran or exempt volunteer firefighter holding such position shall not be discharged from the public service but shall be transferred to a similar position wherein a vacancy exists, and shall receive the same compensation therein. It is hereby made the duty of all persons clothed with the power of appointment to make such transfer effective. The right to transfer herein conferred shall continue for a period of one year following the date of abolition of the position, and may be exercised only where a vacancy exists in an appropriate position to which transfer may be made at the time of demand for transfer. Where the positions of more than one such veteran or exempt volunteer fire- fighter are abolished and a lesser number of vacancies in similar posi- tions exist to which transfer may be made, the veterans or exempt volun- teer firefighters whose positions are abolished shall be entitled to transfer to such vacancies in the order of their original appointment in the service. Nothing in this section shall be construed to apply to the position of private secretary, cashier or deputy of any official or department. This section shall have no application to persons encom- passed by section eighty-a of this chapter. § 5. Section 86 of the civil service law, as amended by section 38 of part PP of chapter 56 of the laws of 2022, 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 one of the 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 one of the 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 compensation therein. It is hereby made the duty of all persons clothed with the power of appointment to make such transfer effective. The right to transfer herein conferred shall continue for a period of one year following the date of abolition of the position, and may be exercised only where a vacancy exists in an appropriate position to which transfer may be made at the time of demand for transfer. Where the positions of more than one such veteran or exempt volunteer firefighter are abolished S. 5232--A 4 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. 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. § 6. 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 shall be exempt from any fees for parking or registering a motor vehi- cle, and the assessment of administrative fines upon the owner or opera- tor of such vehicles for each violation of the regulations. However, no such fine may be imposed without a hearing or an opportunity to be heard conducted by an officer or board designated by the board of trustees. Such fines, in the case of an officer or employee of state university, may be deducted from the salary or wages of such officer or employee found in violation of such regulations, or in the case of a student of state university found in violation of such regulations, the university may withhold his grades and transcripts until such time as any fine is paid. For purposes of this subdivision, the term "veteran" shall mean a member of the armed forces of the United States who served in such armed forces [in time of war] and who (i) was honorably discharged or released under honorable circumstances from such service, or (ii) has a qualify- ing condition, as defined in section three hundred fifty of the execu- tive law, and has received a discharge other than bad conduct or dishonorable from such service, or (iii) is a discharged LGBT veteran, as defined in section three hundred fifty of the executive law, and has received a discharge other than bad conduct or dishonorable from such service. § 7. Paragraph c of subdivision 1 of section 360 of the education law, as amended by section 40 of part PP of chapter 56 of the laws of 2022, is amended to read as follows: c. Adopt and enforce campus rules and regulations not inconsistent with the vehicle and traffic law relating to parking, vehicular and pedestrian traffic, and safety. Such rules and regulations may include provisions for the disposition of abandoned vehicles, removal by towing or otherwise of vehicles parked in violation of such rules at the expense of the owner, the payment of fees for the registration or park- ing of such vehicles, provided that such campus rules and regulations may provide that any veteran attending the state university as a student shall be exempt from any fees for parking or registering a motor vehi- cle, and the assessment of administrative fines upon the owner or opera- tor of such vehicles for each violation of the regulations. However, no such fine may be imposed without a hearing or an opportunity to be heard conducted by an officer or board designated by the board of trustees. Such fines, in the case of an officer or employee of state university, S. 5232--A 5 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 one of the 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 one of the veterans' services law, and has received a discharge other than bad conduct or dishonorable from such service. § 8. 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 begin- ning with the college year nineteen hundred seventy-five--nineteen hundred seventy-six. Six hundred such scholarships shall be awarded in such year to veterans of the armed forces of the United States who have served on active duty (other than for training) between October one, nineteen hundred sixty-one and March twenty-nine, nineteen hundred seventy-three, and who on the date by which applications are required to be submitted (a) have been released from such active duty on conditions not other than honorable, or (b) have a qualifying condition, as defined in section three hundred fifty of the executive law, and have received a discharge other than bad conduct or dishonorable from such service, or (c) are discharged LGBT veterans, as defined in section three hundred fifty of the executive law, and have received a discharge other than bad conduct or dishonorable from such service. Such scholarships shall be allocated to each county in the state in the same ratio that the number of legal residents in such county, as determined by the most recent federal census, bears to the total number of residents in the state; provided, however, that no county shall be allocated fewer scholarships than such county received during the year nineteen hundred sixty-eight- -sixty-nine. § 9. Subdivision 5 of section 605 of the education law, as amended by section 42 of part PP of chapter 56 of the laws of 2022, 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 begin- ning 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 one of the veterans' services law, and have received a discharge other than bad conduct or dishonorable from such service, or (c) are discharged LGBT veterans, as defined in section one of the 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 S. 5232--A 6 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. § 10. The opening paragraph of subdivision 1 of section 668 of the education law, as amended by chapter 580 of the laws of 1992, is amended to read as follows: Period of military service. For a student to be eligible, the parent, or step-parent where the student is the dependent of the step-parent, (i) must [have been 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 Grena- da from October twenty-third, nineteen hundred eighty-three to November twenty-first, nineteen hundred eighty-three, or in Panama from December twentieth, nineteen hundred eighty-nine to January thirty-first, nine- teen hundred ninety] HAVE BEEN A MEMBER OF THE ARMED FORCES OF THE UNITED STATES, AND WHO (A) WAS DISCHARGED OR RELEASED THEREFROM UNDER HONORABLE CONDITIONS, OR (B) HAS A QUALIFYING CONDITION, AS DEFINED IN SECTION THREE HUNDRED FIFTY OF THE EXECUTIVE LAW, AND HAS RECEIVED A DISCHARGE OTHER THAN BAD CONDUCT OR DISHONORABLE FROM SUCH SERVICE, OR (C) IS A DISCHARGED LGBT VETERAN, AS DEFINED IN SECTION THREE HUNDRED FIFTY OF THE EXECUTIVE LAW, or (ii) must have served on regular active duty (other than for training) in the armed forces of the United States during part of one of the following periods: § 11. Paragraph d of subdivision 1 and paragraph a of subdivision 2 of section 669-a of the education law, paragraph d of subdivision 1 as amended by chapter 490 of the laws of 2019 and paragraph a of subdivi- sion 2 as amended by section 3 of part N of chapter 57 of the laws of 2008, are amended to read as follows: d. "Other eligible [combat] veteran" means: an individual who (i) is a resident of this state, (ii) served in the armed forces of the United States [in hostilities that occurred after February twenty-eighth, nine- teen hundred sixty-one, as evidenced by their receipt of an Armed Forces Expeditionary Medal, Navy Expeditionary Medal, or Marine Corps Expedi- tionary Medal], and (iii) was either discharged under honorable condi- tions, including but not limited to honorable discharge, discharge under honorable conditions, or general discharge, or has a qualifying condi- tion, as defined in section three hundred fifty of the executive law, and has received a discharge other than bad conduct or dishonorable from such service, or is a discharged LGBT veteran, as defined in section three hundred fifty of the executive law, and has received a discharge other than bad conduct or dishonorable from such service. a. Tuition awards are available for all Vietnam, Persian Gulf, Afghan- istan and other eligible [combat] veterans, as defined in subdivision one of this section, who are enrolled, pursuant to paragraph a of subdi- vision four of section six hundred sixty-one of this part, in approved undergraduate or graduate programs at degree granting institutions or enrolled in approved vocational training programs and who apply for a tuition assistance program award pursuant to section six hundred sixty- seven of this subpart. § 12. Paragraph d of subdivision 1 of section 669-a of the education law, as amended by section 46 of part PP of chapter 56 of the laws of 2022, is amended to read as follows: S. 5232--A 7 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 one of the 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 one of the veterans' services law, and has received a discharge other than bad conduct or dishonorable from such service. § 13. Subdivision 3 of section 350 of the executive law is amended to read as follows: 3. The term "veteran" means a person, male or female, resident of this state, who has served in the active military or naval 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. § 14. Subdivision 1 of section 356 of the executive law is amended to read as follows: 1. A state veterans' service agency established by the division pursu- ant to this article shall have power 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 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, and (5) other matters of similar, related or appropriate nature. The state veterans' service agency also shall perform such other duties as may be assigned by the state director. § 15. Subdivision 1 of section 13 of the veterans' services law is amended to read as follows: 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 of the United States and assist members of the uniformed services 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 rehabilitation services and facilities, (3) provisions of federal, state and local laws and regulations affording special rights and privileges to members of the uniformed services and [war] veterans and their families, (4) employment and re-employment services, and (5) other matters of similar, related or appropriate nature. The state veterans' service agency also shall perform such other duties as may be assigned by the state commissioner. § 16. Subdivision 1 of section 358 of the executive law, as amended by chapter 482 of the laws of 2019, is amended to read as follows: 1. A local veterans' service agency shall have power under the direc- tion 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 S. 5232--A 8 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 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 proc- ess 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 avail- able 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 veterans' service agency also shall perform such other duties as may be assigned by the state director. § 17. Subdivision 1 of section 15 of the veterans' services law is amended to read as follows: 1. A local veterans' service agency shall have power under the direc- tion 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 uniformed services 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 rehabilitation services and facilities, (3) provisions of federal, state and local laws and regulations affording special rights and privileges to members of the uniformed services 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 uniformed services 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 divi- sion of military and naval affairs and other state agencies responsible for providing such support. The local veterans' service agency also shall perform such other duties as may be assigned by the state commis- sioner. § 18. Subdivision 1 of section 364 of the executive law, as added by chapter 424 of the laws of 1961, paragraph a as amended by chapter 490 of the laws of 2019, clause 7 of subparagraph (v) of paragraph a as amended by chapter 606 of the laws of 2021, and paragraph c as added by chapter 751 of the laws of 1985, is amended to read as follows: 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 three hundred fifty of this article, and has received a discharge other than bad conduct or dishonorable from such service, or (iii) is a discharged LGBT veteran, as defined in section three hundred fifty of this article, S. 5232--A 9 and has received a discharge other than bad conduct or dishonorable from such service[, and who (iv) was a recipient of the armed forces expedi- tionary medal, the navy expeditionary medal or the marine corps expedi- tionary medal for participation in operations in Lebanon from June first, nineteen hundred eighty-three to December first, nineteen hundred eighty-seven, in Grenada from October twenty-third, nineteen hundred eighty-three to November twenty-first, nineteen hundred eighty-three, or in Panama from December twentieth, nineteen hundred eighty-nine to Janu- ary thirty-first, nineteen hundred ninety, or (v) served on active duty for ninety days or more in the armed forces of the United States during any one of the following wars or hostilities: (1) in the Spanish-American war from the twenty-first day of April, eighteen hundred ninety-eight to the eleventh day of April, eighteen hundred ninety-nine, inclusive; (2) in the Philippine insurrection or the China relief expedition from the eleventh day of April, eighteen hundred ninety-nine to the fourth day of July, nineteen hundred two, inclusive; (3) in the Mexican border campaign from the ninth day of May, nineteen hundred sixteen, to the fifth day of April, nineteen hundred seventeen, inclusive; (4) in world war I from the sixth day of April, nineteen hundred seventeen to the eleventh day of November, nineteen hundred eighteen, inclusive; (5) in world war II from the seventh day of December, nineteen hundred forty-one to the thirty-first day of December, nineteen hundred forty- six, inclusive, or who was employed by the War Shipping Administration or Office of Defense Transportation or their agents as a merchant seaman documented by the United States Coast Guard or Department of Commerce, or as a civil servant employed by the United States Army Transport Service (later redesignated as the United States Army Transportation Corps, Water Division) or the Naval Transportation Service; and who served satisfactorily as a crew member during the period of armed conflict, December seventh, nineteen hundred forty-one, to August fifteenth, nineteen hundred forty-five, aboard merchant vessels in oceangoing, i.e., foreign, intercoastal, or coastwise service as such terms are defined under federal law (46 USCA 10301 & 10501) and further to include "near foreign" voyages between the United States and Canada, Mexico, or the West Indies via ocean routes, or public vessels in ocean- going service or foreign waters and who has received a Certificate of Release or Discharge from Active Duty and a discharge certificate, or an Honorable Service Certificate/Report of Casualty, from the Department of Defense, or who served as a United States civilian employed by the Amer- ican Field Service and served overseas under United States Armies and United States Army Groups in world war II during the period of armed conflict, December seventh, nineteen hundred forty-one through May eighth, nineteen hundred forty-five, and who (i) was discharged or released therefrom under honorable conditions, or (ii) has a qualifying condition, as defined in section three hundred fifty of this article, and has received a discharge other than bad conduct or dishonorable from such service, or (iii) is a discharged LGBT veteran, as defined in section three hundred fifty of this article, and has received a discharge other than bad conduct or dishonorable from such service, or who served as a United States civilian Flight Crew and Aviation Ground Support Employee of Pan American World Airways or one of its subsid- iaries or its affiliates and served overseas as a result of Pan Ameri- can's contract with Air Transport Command or Naval Air Transport Service S. 5232--A 10 during the period of armed conflict, December fourteenth, nineteen hundred forty-one through August fourteenth, nineteen hundred forty- five, and who (iv) was discharged or released therefrom under honorable conditions, or (v) has a qualifying condition, as defined in section three hundred fifty of this article, and has received a discharge other than bad conduct or dishonorable from such service, or (vi) is a discharged LGBT veteran, as defined in section three hundred fifty of this article, and has received a discharge other than bad conduct or dishonorable from such service; (6) in the Korean hostilities from the twenty-seventh day of June, nineteen hundred fifty to the thirty-first day of January, nineteen hundred fifty-five, inclusive; (7) in the Vietnam conflict from the first day of November, nineteen hundred fifty-five to the seventh day of May, nineteen hundred seventy- five; (8) in the Persian Gulf conflict from the second day of August, nine- teen hundred ninety to the end of such conflict]. 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. § 19. Subdivision 1 of section 23 of the veterans' services law is amended to read as follows: 1. a. The word "veteran" means a veteran as defined in section one of this article who is a resident, and who (i) has been or may be released from such service under other than dishonorable 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[, 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 uniformed services of the United States during any one of the following wars or hostilities: (1) in the Spanish-American war from the twenty-first day of April, eighteen hundred ninety-eight to the eleventh day of April, eighteen hundred ninety-nine, inclusive; (2) in the Philippine insurrection or the China relief expedition from the eleventh day of April, eighteen hundred ninety-nine to the fourth day of July, nineteen hundred two, inclusive; S. 5232--A 11 (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 first day of November, nineteen hundred fifty-five to the seventh day of May, nineteen hundred seventy- five; (8) in the Persian Gulf conflict from the second day of August, nine- teen hundred ninety to the end of such conflict]. S. 5232--A 12 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 uniformed services, 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 disa- bled or died from a disease or injury incurred or aggravated during such period. § 20. Paragraph b of subdivision 1 of section 366 of the executive law, as added by chapter 743 of the laws of 2006, is amended to read as follows: 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; § 21. Subdivisions 1 and 2 of section 32 of the general business law, as amended by chapter 490 of the laws of 2019, are 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 of the executive law, and has received a discharge other than bad conduct or dishonorable from such service, or (c) is a discharged LGBT veteran, as defined in section three hundred fifty of the executive law, and has received a discharge other than bad conduct or dishonorable from such service, and who is a resident of this state and a veteran [of any war, or who shall have served in the armed forces of the United States 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 merchan- dise 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 prem- ises under the jurisdiction of the division of the state fair in the department of agriculture and markets, shall be deemed a street or high- way within the meaning of this section. 2. Any such former member of the armed forces of the United States may present to the clerk of any county in which he has resided for a period of at least six months, his original certificate of release or discharge from active duty, or a copy thereof duly certified by the recording officer or a certificate in lieu of lost discharge issued by a depart- ment of the armed forces of the United States which shall show that the person presenting it is a veteran [of any war, or that he has served overseas in the armed forces of the United States]. He shall also fill out a blank which shall when filled out state his name, residence at the time of application, nature of goods to be sold, and if the applicant is working on commission or percentage for any person, firm or corporation, the name and business address of such person, firm or corporation. This statement shall be signed by the applicant in the presence of the county clerk, or a deputy designated by him, and the name on this application S. 5232--A 13 and on the original certificate of release or discharge from active duty shall be compared by the county clerk to ascertain if the person so applying is the same person named in the original certificate of release or discharge from active duty. Such county clerk when so satisfied shall issue, without cost, to such former member of the armed forces of the United States, a license certifying him to be entitled to the benefits of this section. § 22. Subdivision 1 of section 32 of the general business law, as amended by section 55 of part PP of chapter 56 of the laws of 2022, 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 one of the 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 one of the 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. § 23. Subdivision 2 of section 238 of the military law, as amended by chapter 490 of the laws of 2019, is amended to read as follows: 2. Any person, except members of the armed forces of the United States, members of the organized militia of this or any other state, personnel of the independent military organizations designated in section two hundred forty of this article, members of associations whol- ly composed of persons who (a) were honorably discharged from the armed forces of the United States, or (b) have a qualifying condition, as defined in section three hundred fifty of the executive law, and have received a discharge other than bad conduct or dishonorable from the armed forces of the United States, or (c) are discharged LGBT veterans, as defined in section three hundred fifty of the executive law, and have received a discharge other than bad conduct or dishonorable from the armed forces of the United States, and members of associations wholly composed of sons of veterans [of any war of the United States], who shall wear any uniform or any device, strap, knot or insignia of any design or character used as a designation of grade, rank or office, such as are by law or by regulation, duly promulgated, prescribed for the use of the organized militia or similar thereto; or, § 24. 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. 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 of the executive law, and has received a discharge other than bad conduct or dishonorable, or (iii) is a discharged LGBT S. 5232--A 14 veteran, as defined in section three hundred fifty of the executive law, and has received a discharge other than bad conduct or dishonorable, [having served as such during the time of war] and who has attained the age of fifty years, may retire upon his own request upon written appli- cation to the board setting forth at what time not less than thirty days subsequent to the execution and filing thereof he desires to be retired, provided that such member at the time so specified for his retirement shall have completed at least twenty-five years of allowable service. Upon retirement such member shall receive an annuity of equivalent actu- arial value to his accumulated deductions, and, in addition, a pension beginning immediately, having a value equal to the present value of the pension that would have become payable had he continued at his current salary to the age at which he would have first become eligible for service retirement, provided, however, that the said member on making application for retirement shall pay into the retirement fund a sum of money which calculated on an actuarial basis, together with his prior contributions and other accumulations in said fund then to his credit, shall be sufficient to entitle the said member to the same annuity and pension that he would have received had he remained in the service of the city until he had attained the age at which he otherwise would have first become eligible for service retirement. Notwithstanding any other provision of this section or of any general, special or local law or code to the contrary, a member of any such teachers' retirement system who (i) is separated or discharged under honorable conditions from any branch of the armed forces of the United States, or (ii) has a qualifying condition, as defined in section three hundred fifty of the executive law, and has received a discharge other than bad conduct or dishonorable, or (iii) is a discharged LGBT veteran, as defined in section three hundred fifty of the executive law, and has received a discharge other than bad conduct or dishonorable, [having served as such during the time of war] and who has attained the age of fifty years, may retire upon his own request upon written application to the board setting forth at what time, not less than thirty days subse- quent to the execution and filing thereof, he desires to be retired, provided that such member at that time so specified for his retirement shall have completed at least twenty-five years of allowable service. Upon reaching his previously selected minimum retirement age, such member shall receive an annuity of equivalent actuarial value, at that time, to his accumulated deductions, and, in addition, a pension based upon his credited years of allowable service, plus the pension-for-in- creased-take-home-pay, if any. Should such member die before reaching his retirement age, then any beneficiary under a selected option shall be eligible for benefits under such option at the date upon which the member would have reached his selected retirement age. § 25. Section 245 of the military law, as amended by section 72 of part PP of chapter 56 of the laws of 2022, 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 one of the 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 one of the veterans' services law, and has received a discharge other than bad conduct or dishonorable, [having S. 5232--A 15 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 one of the 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 one of the 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 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 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 actu- arial 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. § 26. Section 246 of the military law, as amended by chapter 43 of the laws of 1967, is amended to read as follows: § 246. Leave of absence for public employees who are [war] veterans to continue study. Notwithstanding the provisions of any law to the contrary, every public officer and employee, who served in the armed forces of the United States [on or after September sixteenth, nineteen hundred forty, and prior to the termination of hostilities in world war II, or during the period of hostilities engaged in by the armed forces of the United States on and after June twenty-fifth, nineteen hundred fifty, or who served in the armed forces of the United States after January thirty-first, nineteen hundred fifty-five, and] who is eligible under the provisions enacted by the congress of the United States known S. 5232--A 16 as "Servicemen's Readjustment Act of nineteen hundred forty-four," or "Veterans' Readjustment Assistance Act of nineteen hundred fifty-two," or "Veterans' Readjustment Benefits Act of nineteen hundred sixty-six," to continue the pursuit of studies or to take a refresher or retraining course shall be granted a leave of absence from his position for the period of such course of study, not to exceed four years. Such public officer or employee shall be reinstated to his position provided he makes application for such reinstatement within sixty days after the termination of such course of study. § 27. Section 13.19 of the parks, recreation and historic preservation law, as amended by chapter 649 of the laws of 1977, is amended to read as follows: § 13.19 Free use of campsites. Notwithstanding the provisions of any other law, any person who is blind, non-ambulatory, or an amputee or any veteran [of the wars of the United States], who has at any time been awarded by the federal government an allowance towards the purchase of an automobile or is eligible for such an award shall be permitted to use any of the public campsites, parks and other public places of recreation in this state, upon the same terms and conditions as apply to the gener- al public, but without the payment of any fees or other charges for the use of such campsites, parks and other public places of recreation. § 28. Paragraph (e) of subdivision 1 of section 458-a of the real property tax law, as amended by chapter 490 of the laws of 2019, is amended to read as follows: (e) "Veteran" means a person (i) who served in the active military, naval, or air service [during a period of war, or who was a recipient of the armed forces expeditionary medal, navy expeditionary medal, marine corps expeditionary medal, or global war on terrorism expeditionary medal,] and who (1) was discharged or released therefrom under honorable conditions, or (2) has a qualifying condition, as defined in section three hundred fifty of the executive law, and has received a discharge other than bad conduct or dishonorable from such service, or (3) is a discharged LGBT veteran, as defined in section three hundred fifty of the executive law, and has received a discharge other than bad conduct or dishonorable from such service, (ii) who was employed by the War Shipping Administration or Office of Defense Transportation or their agents as a merchant seaman documented by the United States Coast Guard or Department of Commerce, or as a civil servant employed by the United States Army Transport Service (later redesignated as the United States Army Transportation Corps, Water Division) or the Naval Transportation Service; and who served satisfactorily as a crew member during the peri- od of armed conflict, December seventh, nineteen hundred forty-one, to August fifteenth, nineteen hundred forty-five, aboard merchant vessels in oceangoing, i.e., foreign, intercoastal, or coastwise service as such terms are defined under federal law (46 USCA 10301 & 10501) and further to include "near foreign" voyages between the United States and Canada, Mexico, or the West Indies via ocean routes, or public vessels in ocean- going service or foreign waters and who has received a Certificate of Release or Discharge from Active Duty and a discharge certificate, or an Honorable Service Certificate/Report of Casualty, from the department of defense, (iii) who served as a United States civilian employed by the American Field Service and served overseas under United States Armies and United States Army Groups in world war II during the period of armed conflict, December seventh, nineteen hundred forty-one through May eighth, nineteen hundred forty-five, and who (1) was discharged or released therefrom under honorable conditions, or (2) has a qualifying S. 5232--A 17 condition, as defined in section three hundred fifty of the executive law, and has received a discharge other than bad conduct or dishonorable from such service, or (3) is a discharged LGBT veteran, as defined in section three hundred fifty of the executive law, and has received a discharge other than bad conduct or dishonorable from such service, (iv) who served as a United States civilian Flight Crew and Aviation Ground Support Employee of Pan American World Airways or one of its subsid- iaries or its affiliates and served overseas as a result of Pan Ameri- can's contract with Air Transport Command or Naval Air Transport Service during the period of armed conflict, December fourteenth, nineteen hundred forty-one through August fourteenth, nineteen hundred forty- five, and who (1) was discharged or released therefrom under honorable conditions, or (2) has a qualifying condition, as defined in section three hundred fifty of the executive law, and has received a discharge other than bad conduct or dishonorable from such service, or (3) is a discharged LGBT veteran, as defined in section three hundred fifty of the executive law, and has received a discharge other than bad conduct or dishonorable from such service, or (v) notwithstanding any other provision of law to the contrary, who are members of the reserve compo- nents of the armed forces of the United States who (1) received an honorable discharge or release therefrom under honorable conditions, or (2) has a qualifying condition, as defined in section three hundred fifty of the executive law, and has received a discharge other than bad conduct or dishonorable from such service, or (3) is a discharged LGBT veteran, as defined in section three hundred fifty of the executive law, and has received a discharge other than bad conduct or dishonorable from such service, but are still members of the reserve components of the armed forces of the United States provided that such members meet all other qualifications under the provisions of this section. § 29. Paragraph (e) of subdivision 1 of section 458-a of the real property tax law, as amended by section 83 of part PP of chapter 56 of the laws of 2022, is amended to read as follows: (e) "Veteran" means a person (i) who served in the active military, naval, or air service [during a period of war, or who was a recipient of the armed forces expeditionary medal, navy expeditionary medal, marine corps expeditionary medal, or global war on terrorism expeditionary medal,] and who (1) was discharged or released therefrom under honorable conditions, or (2) has a qualifying condition, as defined in section one of the 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 one of the 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 S. 5232--A 18 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 one of the 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 one of the 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 one of the 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 one of the 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 one of the 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 one of the 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. § 30. Subdivision 1 of section 168 of the social services law, as amended by chapter 490 of the laws of 2019, is amended to read as follows: 1. Veteran means a person, male or female, who has served in the armed forces of the United States [in time of war], or who was a recipient of the armed forces expeditionary medal, navy expeditionary medal or marine corps expeditionary medal for participation in operations in Lebanon from June first, nineteen hundred eighty-three to December first, nine- teen hundred eighty-seven, in Grenada from October twenty-third, nine- teen hundred eighty-three to November twenty-first, nineteen hundred eighty-three, or in Panama from December twentieth, nineteen hundred eighty-nine to January thirty-first, nineteen hundred ninety, and who (1) has been honorably discharged or released under honorable circum- stances from such service or furloughed to the reserve, or (2) has a qualifying condition, as defined in section three hundred fifty of the executive law, and has received a discharge other than bad conduct or dishonorable from such service, or (3) is a discharged LGBT veteran, as defined in section three hundred fifty of the executive law, and has S. 5232--A 19 received a discharge other than bad conduct or dishonorable from such service. § 31. Subdivision 1 of section 168 of the social services law, as amended by section 86 of part PP of chapter 56 of the laws of 2022, is amended to read as follows: 1. Veteran means a person, male or female, who has served in the armed forces of the United States [in time of war], or who was a recipient of the armed forces expeditionary medal, navy expeditionary medal or marine corps expeditionary medal for participation in operations in Lebanon from June first, nineteen hundred eighty-three to December first, nine- teen hundred eighty-seven, in Grenada from October twenty-third, nine- teen hundred eighty-three to November twenty-first, nineteen hundred eighty-three, or in Panama from December twentieth, nineteen hundred eighty-nine to January thirty-first, nineteen hundred ninety, and who (1) has been honorably discharged or released under honorable circum- stances from such service or furloughed to the reserve, or (2) has a qualifying condition, as defined in section one of the 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 one of the veterans' services law, and has received a discharge other than bad conduct or dishonorable from such service. § 32. Subdivision 3 of section 404-a of the vehicle and traffic law, as added by chapter 601 of the laws of 1987, is amended to read as follows: 3. Registration of vehicles owned by severely disabled veterans. The commissioner shall assign to such motor vehicles, including any vans or pick-up trucks used for transporting handicapped veterans which are not used for commercial purposes and which are owned by such veterans or a not-for-profit corporation serving such veterans, a distinctive number and issue and deliver in such manner as the commissioner may prescribe to the owner a certification of registration, in such form as the commissioner shall prescribe and two number plates, called disabled veteran plates. Said severely disabled veteran plates shall conform to the requirements of section four hundred one of this chapter, but shall bear distinctive marks to distinguish them from number plates to be issued to other persons, qualifying under this [chapter] ARTICLE. The commissioner in his discretion, may issue, for any registration year, only one plate as a set for a motor vehicle, in which event a set of severely disabled veteran plates for a motor vehicle shall consist of one plate. Where a severely disabled veteran owns more than one vehicle and such vehicle or vehicles is or are used by severely disabled members of the owner's family who reside with the owner, the commissioner shall issue one set of plates for each additional vehicle used by such severe- ly disabled veteran, provided that such user qualifies as a severely disabled veteran in the manner required by this section. For purposes of this subdivision, the term "severely disabled veteran" shall mean any member of the armed forces of the United States [who served in time of war, as defined in section eighty-five of the civil service law, and] whose disability qualifies him as a severely disabled person within the meaning of such term as defined in subdivision four of this section. § 33. Paragraphs f and g of subdivision 6 of section 54 of the work- ers' compensation law, as amended by chapter 205 of the laws of 1993, are amended to read as follows: f. Notwithstanding the provisions of paragraph a of this subdivision or any other provision of this chapter, any executive officer of a reli- gious, charitable or educational corporation and the officers of a S. 5232--A 20 municipal corporation, and officers of any post or chapter of organiza- tions of veterans [of any war] of the United States may be brought with- in the coverage of the insurance contract as if they were employees by any such corporation filing with the insurance carrier, upon a form prescribed by the chair of the workers' compensation board, a notice that the corporation elects to bring one or more executive officers of such corporation named in the notice within the coverage of this chap- ter. Such election shall be effective with respect to all policies issued to such corporation by such insurance carrier as long as it shall continuously insure the corporation. If such election is revoked, it shall be in writing on a form prescribed by the chair and filed with the chair and with the insurance carrier and a copy thereof furnished to each officer as to whom such revocation is applicable, upon a form prescribed by the chair. Such revocation shall not be effective until thirty days after such filing. The estimation of the wage values of executive officers within the coverage of the insurance contract shall be reasonable and separately stated and added to the valuation of the payrolls upon which the premium is computed. g. The executive officers brought within the coverage of the insurance contract, and the dependents of any such executive officers, including executive officers of religious, charitable or educational corporations and officers of municipal corporations, and officers of any post or chapter of organizations of veterans [of any war] of the United States that have elected to bring their officers within the coverage of the policy, shall have the same rights and remedies as any employee and shall be entitled to compensation and medical care as provided by this chapter, and the insurance carrier shall be liable therefor and for payments into the special funds provided in this chapter as in the case of an employee. The executive officers who may be brought within the coverage of an insurance contract shall include an officer of a corpo- ration who at all times during the period involved between them owns all of the issued and outstanding stock of the corporation and holds all of the offices pursuant to paragraph (e) of section seven hundred fifteen of the business corporation law or two executive officers of a corpo- ration who at all times during the period involved between them own all of the issued and outstanding stock of such corporation and hold all such offices and who is the executive officer or who are the executive officers of a corporation that has no other persons who are employees required to be covered under this chapter. § 34. This act shall take effect immediately; provided however, that sections three, five, seven, nine, twelve, fifteen, seventeen, nineteen, twenty-two, twenty-five, twenty-nine and thirty-one of this act shall take effect on the same date and in the same manner as part PP of chap- ter 56 of the laws of 2022 take effect; provided further, however, that the amendments to article 17 of the executive law made by sections thir- teen, fourteen, sixteen, eighteen and twenty of this act shall not affect the repeal of such article and shall be deemed repealed there- with.
Comments
Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.
Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.
Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.