S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5234
 
                        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 general construction law,  the  executive  law,  the
   education  law, the election law, the military law, the insurance law,
   the private housing finance law, the public officers law, the tax law,
   the economic development law, the civil  service  law,  and  the  real
   property  tax law, in relation to including members of the space force
   as being members of the armed forces or veterans eligible for  certain
   credits and benefits
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 13-a of the general construction law, as amended by
 chapter 490 of the laws of 2019, is amended to read as follows
   § 13-a. Armed forces of the United States. "Armed forces of the United
 States" means the army, navy, marine corps, air force, SPACE  FORCE  and
 coast  guard,  including  all components thereof, and the national guard
 when in the service of the United States pursuant to call as provided by
 law.  Pursuant to this definition no person shall be considered a member
 or veteran of the armed forces of the United States unless  his  or  her
 service  therein  is or was on a full-time active duty basis, other than
 active duty for training or he or she was employed by the  War  Shipping
 Administration  or Office of Defense Transportation or their agents as a
 merchant seaman documented by the United States Coast Guard  or  Depart-
 ment  of  Commerce,  or as a civil servant employed by the United States
 Army Transport Service (later redesignated as  the  United  States  Army
 Transportation  Corps,  Water  Division)  or  the  Naval  Transportation
 Service; and who served satisfactorily as a crew member during the peri-
 od of armed conflict, December seventh, nineteen hundred  forty-one,  to
 August  fifteenth,  nineteen hundred forty-five, aboard merchant vessels
 in oceangoing, i.e., foreign, intercoastal, or coastwise service as such
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD09383-01-1

 S. 5234                             2
 
 terms are defined under federal law (46 USCA 10301 & 10501) and  further
 to  include "near foreign" voyages between the United States and Canada,
 Mexico, or the West Indies via ocean routes, or public vessels in ocean-
 going  service  or  foreign waters and who has received a Certificate of
 Release or Discharge from Active Duty and a discharge certificate, or an
 Honorable Service Certificate/Report of Casualty, from the Department of
 Defense or he or she served as a United States civilian employed by  the
 American  Field  Service  and served overseas under United States Armies
 and United States Army Groups in world war II during the period of armed
 conflict, December  seventh,  nineteen  hundred  forty-one  through  May
 eighth,  nineteen hundred forty-five, and (i) was discharged or released
 therefrom under honorable conditions, or (ii) has  a  qualifying  condi-
 tion,  as  defined  in section three hundred fifty of the executive law,
 and has received a discharge other than bad conduct or dishonorable from
 such service, or (iii) is a  discharged  LGBT  veteran,  as  defined  in
 section  three  hundred  fifty  of the executive law, and has received a
 discharge other than bad conduct or dishonorable from such  service,  or
 he  or  she  served as a United States civilian Flight Crew and Aviation
 Ground Support Employee of Pan American World  Airways  or  one  of  its
 subsidiaries  or  its  affiliates and served overseas as a result of Pan
 American's contract with Air Transport Command or  Naval  Air  Transport
 Service  during the period of armed conflict, December fourteenth, nine-
 teen hundred  forty-one  through  August  fourteenth,  nineteen  hundred
 forty-five,  and  (iv) was discharged or released therefrom under honor-
 able conditions, or (v)  has  a  qualifying  condition,  as  defined  in
 section  three  hundred  fifty  of the executive law, and has received a
 discharge other than bad conduct or dishonorable from such  service,  or
 (vi)  is  a discharged LGBT veteran, as defined in section three hundred
 fifty of the executive law, and has received a discharge other than  bad
 conduct or dishonorable from such service.
   §  2. Subdivision 3 of section 369-b of the executive law, as added by
 chapter 557 of the laws of 2013, is amended to read as follows:
   3. "Veteran" shall mean an individual who served on active duty in the
 United States army, navy, marine corps, air force,  SPACE  FORCE,  coast
 guard  or  the  reserves  component,  or  who  served in active military
 service of the United States as a member of the army national guard, air
 national guard, New York guard  or  New  York  naval  militia,  who  was
 released  from  such  service  otherwise  then by dishonorable discharge
 after September eleventh, two thousand one.
   § 3. Subdivisions 5 and 7 of  section  369-h  of  the  executive  law,
 subdivision 5 as added by chapter 22 of the laws of 2014 and subdivision
 7  as amended by chapter 490 of the laws of 2019, are amended to read as
 follows:
   5. "Service-disabled veteran" shall mean (a) in the case of the United
 States army, navy, air force, SPACE FORCE, marines,  coast  guard,  army
 national  guard or air national guard and/or reserves thereof, a veteran
 who received a compensation rating of ten percent or  greater  from  the
 United  States  department of veterans affairs or from the United States
 department of defense because of a service-connected disability incurred
 in the line of duty, and (b) in the case of the New York  guard  or  the
 New York naval militia and/or reserves thereof, a veteran who certifies,
 pursuant  to  the  rules and regulations promulgated by the director, to
 having incurred an injury equivalent to a  compensation  rating  of  ten
 percent or greater from the United States department of veterans affairs
 or  from  the  United States department of defense because of a service-
 connected disability incurred in the line of duty.

 S. 5234                             3
 
   7. "Veteran" shall mean a person who served in the United States army,
 navy, air force, SPACE FORCE,  marines,  coast  guard,  and/or  reserves
 thereof, and/or in the army national guard, air national guard, New York
 guard  and/or  the  New  York naval militia, and who (i) has received an
 honorable or general discharge from such service, or (ii) has a qualify-
 ing  condition,  as defined in section three hundred fifty of this chap-
 ter, and has received a discharge other than bad conduct or dishonorable
 from such service, or (iii) is a discharged LGBT veteran, as defined  in
 section  three  hundred  fifty  of  this  chapter,  and  has  received a
 discharge other than bad conduct or dishonorable from such service.
   § 4. Paragraph (a) of subdivision 3 of section 365  of  the  executive
 law,  as added by section 5 of part W of chapter 57 of the laws of 2013,
 is amended to read as follows:
   (a) For each New York state veterans cemetery there shall be a manage-
 ment board. Each such management board shall consist  of  nine  members,
 including  the  director  of  the division who shall serve as chair, and
 four members, appointed by the governor. Of such four members, not fewer
 than two shall be a veteran of the United States army, the United States
 navy, the United States air force, THE UNITED STATES  SPACE  FORCE,  the
 United  States  marines,  the New York army national guard, the New York
 air national guard, the New York naval militia,  or  a  member  who  has
 served  in  a  theater  of  combat operations of the United States coast
 guard or the  United  States  merchant  marine.  Two  members  shall  be
 appointed  by  the  temporary  president  of the senate, and two members
 shall be appointed by the speaker of the state assembly. At least one of
 the members appointed by the temporary president of the  senate  and  at
 least  one of the members appointed by the speaker of the assembly shall
 be a veteran of the United States army,  the  United  States  navy,  the
 United  States  air  force, the United States marines, the New York army
 national guard, the New York air national  guard,  the  New  York  naval
 militia, or a member who has served in a theater of combat operations of
 the  United  States coast guard or the United States merchant marine. No
 member shall receive any  compensation  for  his  or  her  service,  but
 members  who  are not state officials may be reimbursed for their actual
 and necessary expenses, including travel expenses incurred  in  perform-
 ance of their duties. The management board may consult with any federal,
 state  or  local  entity  for  the  purposes  of advancing its purposes,
 mission and duties.
   § 5. Subdivision 18 of section 3302 of the education law, as added  by
 section  1  of  part A of chapter 328 of the laws of 2014, is amended to
 read as follows:
   18. "Uniformed service" or "uniformed services" means the Army,  Navy,
 Air Force, SPACE FORCE, Marine Corps, Coast Guard as well as the Commis-
 sioned Corps of the National Oceanic and Atmospheric Administration, and
 Public Health Services.
   §  6.  Subdivision 1 of section 10-102 of the election law, as amended
 by chapter 104 of the laws of 2010, is amended to read as follows:
   1. "Military service" means the military service of the state,  or  of
 the  United  States,  including the army, navy, marine corps, air force,
 SPACE FORCE, coast guard, merchant marine and  all  components  thereof,
 and  the  coast  and  geodetic  survey,  the  public health service, the
 national guard when in the service of the United States pursuant to call
 as provided by law, and the cadets or midshipmen of  the  United  States
 Military  Academy,  United States Naval Academy, United States Air Force
 Academy and United States Coast Guard Academy.

 S. 5234                             4
 
   § 7. Subsection (a) of section 3435-a of the insurance law, as amended
 by chapter 416 of the laws of 1996, is amended to read as follows:
   (a)  Insurers shall be prohibited from refusing to issue a motor vehi-
 cle liability insurance policy to any person with a valid New York state
 driver's license which has been maintained by such person for  at  least
 thirty-nine  months  prior to the time of application for such policy of
 insurance solely on the basis that such person has not owned or leased a
 vehicle during such period, unless  such  decision  is  based  on  sound
 underwriting  and  actuarial  principles reasonably related to actual or
 anticipated loss experience. Provided, however, that an applicant demon-
 strating a continuous, valid  out-of-state  or  out-of-country  driver's
 license  during  such  thirty-nine month period due to active service in
 the United States army, navy, air force, SPACE FORCE or marines shall be
 treated as if continuous licensing had been maintained in New  York  and
 such  person  shall  not be rejected based solely on the fact that he or
 she served in the military.
   § 8. Subdivisions 3, 4, and 8 of section 1 of  the  military  law,  as
 amended  by  section  112  of  the  laws of 1989, are amended to read as
 follows:
   3. The terms "military" and "military and naval" shall  mean  army  or
 land, air or air force, SPACE FORCE and navy or naval.
   4.  The  terms  "military  or  naval" and "military (including air) or
 naval" shall mean army or land, air or air force, SPACE FORCE or navy or
 naval.
   8. The terms "active military service of the United  States"  and  "in
 the  armed forces of the United States" shall mean full time duty in the
 army, navy (including marine corps), air force,  SPACE  FORCE  or  coast
 guard of the United States.
   § 9. Paragraph a and subparagraph 2 of paragraph b of subdivision 1 of
 section  214 of the military law, paragraph a as added by chapter 853 of
 the laws of 1953 and subparagraph 2 of paragraph b as amended by chapter
 625 of the laws of 1965, are amended to read as follows:
   a. has been a commissioned officer in  active  service  for  at  least
 twenty years in the organized militia of the state of New York or in the
 army,  air force, SPACE FORCE, navy or marine corps of the United States
 for at least twenty years and
   (2) for ten consecutive years of such  service  immediately  preceding
 his  retirement  and  transfer  to the state retired list as provided in
 this chapter, if he has had actual combat  experience  in  time  of  war
 while  in  the army, air force, SPACE FORCE, navy or marine corps of the
 United States or if he has served on the active list of a force or forc-
 es of the organized militia for at least ten years as  an  enlisted  man
 and at least thirty years as a commissioned officer, shall receive annu-
 ally  from  the date of his retirement and transfer to the state retired
 list as provided in this chapter and during the time he remains  on  the
 state retired list seventy-five per centum of the highest annual rate of
 compensation paid to him by the state for the performance of military or
 naval duty.
   §  10.  Subdivision  3  of section 1271 of the private housing finance
 law, as amended by chapter 490 of the laws of 2019, is amended  to  read
 as follows:
   3. "Veteran" shall mean a resident of this state who (a) has served in
 the  United  States  army, navy, marine corps, air force, SPACE FORCE or
 coast guard or (b) has served on active duty or ordered to  active  duty
 as  defined  in  10  USC 101 (d)(1) as a member of the national guard or
 other reserve component of the armed forces of the United States or  (c)

 S. 5234                             5
 
 has  served on active duty or ordered to active duty for the state, as a
 member of the state organized militia as defined in subdivision nine  of
 section one of the military law, and has been released from such service
 documented  by  an  honorable  or general discharge, or has a qualifying
 condition, as defined in section three hundred fifty  of  the  executive
 law, and has received a discharge other than bad conduct or dishonorable
 from  such  service,  or  is  a  discharged  LGBT veteran, as defined in
 section three hundred fifty of the executive law,  and  has  received  a
 discharge other than bad conduct or dishonorable from such service.
   § 11. Subdivision 17 of section 243 of the military law, as amended by
 chapter 312 of the laws of 1993, is amended to read as follows
   17. Certificates as to service. A certificate signed by the commander,
 total  army  personnel center as to persons in the army or in any branch
 of the United States service while serving pursuant to law with the army
 of the United States, signed by the commander, naval military  personnel
 as to persons in the United States service while serving pursuant to law
 with the United States navy, and signed by the commandant, United States
 marine  corps, as to persons in the marine corps, or in any other branch
 of the United States service while serving  pursuant  to  law  with  the
 marine  corps,  signed by the chief, air force military personnel center
 as to persons in the United States service while serving pursuant to law
 with the United States air force, SPACE FORCE  PERSONNEL  CENTER  AS  TO
 PERSONS  IN  THE SPACE FORCE OR IN ANY OTHER BRANCH OF THE UNITED STATES
 SERVICE WHILE SERVING PURSUANT TO LAW WITH THE SPACE FORCE OF THE UNITED
 STATES, or signed by an officer designated by any of them, respectively,
 for the purpose, shall when produced be prima facie evidence as  to  any
 of  the  following facts stated in such certificate: That a person named
 has not been, or is, or has been in military service; the time when  and
 the  place  where such person entered military service, his residence at
 that time, and the rank, branch,  and  unit  of  such  service  that  he
 entered,  the dates within which he was in military service, the monthly
 pay received by such person at the date of issuing the certificate,  the
 time when and the place where such person died in or was discharged from
 such  service.  It is the duty of the foregoing officers to furnish such
 certificate on application, and any such certificate when purporting  to
 be  signed by any one of such officers, or by any person purporting upon
 the face of the certificate to have been so authorized, shall  be  prima
 facie  evidence  of  its  contents and of the authority of the signer to
 issue the same.
   § 12. Section 63 of the public officers law, as amended by chapter 490
 of the laws of 2019, is amended to read as follows:
   § 63. Leave of absence for veterans on Memorial day and Veterans' day.
 It shall be the duty of the head of every public department and of every
 court of the state of New York, of every superintendent  or  foreman  on
 the  public  works  of said state, of the county officers of the several
 counties of said state, of the town officers of  the  various  towns  in
 this  state, of the fire district officers of the various fire districts
 in this state, and of the head of every department, bureau and office in
 the government of the various cities and villages in this state, and the
 officers of any public benefit corporation or any  public  authority  of
 this  state, or of any public benefit corporation or public authority of
 any county or subdivision of this state, to give leave of  absence  with
 pay for twenty-four hours on the day prescribed by law as a public holi-
 day for the observance of Memorial day and on the eleventh day of Novem-
 ber,  known  as  Veterans'  day,  to  every person in the service of the
 state, the county, the town, the fire district, the city or village, the

 S. 5234                             6
 
 public benefit corporation or public authority of  this  state,  or  any
 public benefit corporation or public authority of any county or subdivi-
 sion of this state, as the case may be, (i) who served on active duty in
 the  armed  forces  of the United States during world war I or world war
 II, or who was employed by the War Shipping Administration or Office  of
 Defense  Transportation  or their agents as a merchant seaman documented
 by the United States Coast Guard or Department  of  Commerce,  or  as  a
 civil  servant  employed  by  the  United  States Army Transport Service
 (later redesignated as the  United  States  Army  Transportation  Corps,
 Water  Division)  or  the  Naval  Transportation Service; and who served
 satisfactorily as a crew member during the  period  of  armed  conflict,
 December seventh, nineteen hundred forty-one, to August fifteenth, nine-
 teen  hundred  forty-five,  aboard merchant vessels in oceangoing, i.e.,
 foreign, intercoastal, or coastwise service as such  terms  are  defined
 under  federal  law (46 USCA 10301 & 10501) and further to include "near
 foreign" voyages between the United States and Canada,  Mexico,  or  the
 West Indies via ocean routes, or public vessels in oceangoing service or
 foreign  waters  and  who  has  received  a  Certificate  of  Release or
 Discharge from Active Duty and a discharge certificate, or an  Honorable
 Service  Certificate/Report of Casualty, from the Department of Defense,
 or who served as a United States civilian employed by the American Field
 Service and served overseas under United States Armies and United States
 Army Groups in world war II during the period of armed conflict,  Decem-
 ber  seventh,  nineteen  hundred  forty-one through May eighth, nineteen
 hundred forty-five, and who (a) was  discharged  or  released  therefrom
 under  honorable  conditions,  or  (b)  has  a  qualifying condition, as
 defined in section three hundred fifty of the  executive  law,  and  has
 received  a  discharge  other than bad conduct or dishonorable from such
 service, or (c) is a discharged LGBT  veteran,  as  defined  in  section
 three  hundred  fifty of the executive law, and has received a discharge
 other than bad conduct or dishonorable from such service or  who  served
 as  a  United  States  civilian  Flight Crew and Aviation Ground Support
 Employee of Pan American World Airways or one of its subsidiaries or its
 affiliates and served overseas as a result of  Pan  American's  contract
 with  Air  Transport  Command  or Naval Air Transport Service during the
 period of armed conflict, December fourteenth, nineteen  hundred  forty-
 one  through August fourteenth, nineteen hundred forty-five, and who (d)
 was discharged or released therefrom under honorable conditions, or  (e)
 has a qualifying condition, as defined in section three hundred fifty of
 the  executive  law, and has received a discharge other than bad conduct
 or dishonorable from such service, or (f) is a discharged LGBT  veteran,
 as  defined in section three hundred fifty of the executive law, and has
 received a discharge other than bad conduct or  dishonorable  from  such
 service  or during the period of the Korean conflict at any time between
 the dates of June twenty-seventh, nineteen  hundred  fifty  and  January
 thirty-first,  nineteen  hundred fifty-five, or during the period of the
 Vietnam conflict  from  the  twenty-eighth  day  of  February,  nineteen
 hundred  sixty-one  to the seventh day of May, nineteen hundred seventy-
 five, or (ii) who served on active duty  in  the  armed  forces  of  the
 United  States and who was a recipient of the armed forces expeditionary
 medal, navy expeditionary medal or marine corps expeditionary medal  for
 participation in operations in Lebanon from June first, nineteen hundred
 eighty-three to December first, nineteen hundred eighty-seven, in Grena-
 da  from October twenty-third, nineteen hundred eighty-three to November
 twenty-first, nineteen hundred eighty-three, or in Panama from  December
 twentieth,  nineteen  hundred eighty-nine to January thirty-first, nine-

 S. 5234                             7
 
 teen hundred ninety, or (iii) who  served  in  the  armed  forces  of  a
 foreign  country  allied  with  the  United States during world war I or
 world war II, or during the period of the Korean conflict  at  any  time
 between  June twenty-seventh, nineteen hundred fifty and January thirty-
 first, nineteen hundred fifty-five, or during the period of the  Vietnam
 conflict  from  the  twenty-eighth  day  of  February,  nineteen hundred
 sixty-one to the seventh day of May, nineteen hundred  seventy-five,  or
 during  the  period  of the Persian Gulf conflict from the second day of
 August, nineteen hundred ninety to the end  of  such  conflict,  or  who
 served  on  active duty in the army or navy or marine corps or air force
 OR SPACE FORCE or coast guard of the United  States,  and  who  (a)  was
 honorably  discharged  or  separated  from  such service under honorable
 conditions, or (b) has a qualifying condition,  as  defined  in  section
 three  hundred  fifty of the executive law, and has received a discharge
 other than bad conduct or dishonorable from such service, or  (c)  is  a
 discharged  LGBT  veteran,  as defined in section three hundred fifty of
 the executive law, and has received a discharge other than  bad  conduct
 or  dishonorable from such service except where such action would endan-
 ger the public safety or the safety or health of persons  cared  for  by
 the  state,  in  which  event such persons shall be entitled to leave of
 absence with pay on another day in lieu thereof. All  such  persons  who
 are  compensated  on  a per diem, hourly, semi-monthly or monthly basis,
 with or without maintenance, shall also be entitled to leave of  absence
 with  pay under the provisions of this section and no deduction in vaca-
 tion allowance or budgetary allowable number of working  days  shall  be
 made  in  lieu  thereof.  A refusal to give such leave of absence to one
 entitled thereto shall be neglect of duty.
   § 13. Subparagraph 1 of paragraph b of subdivision 29 of section 210-B
 of the tax law, as amended by chapter  490  of  the  laws  of  2019,  is
 amended to read as follows:
   (1)  who  served  on  active duty in the United States army, navy, air
 force, SPACE FORCE, marine corps, coast guard or the  reserves  thereof,
 or  who  served  in  active  military  service of the United States as a
 member of the army national guard, air national guard, New York guard or
 New York naval militia; who (i) was released from active duty by general
 or honorable discharge after September eleventh, two  thousand  one,  or
 (ii)  has  a  qualifying  condition, as defined in section three hundred
 fifty of the executive law, and has received a discharge other than  bad
 conduct  or dishonorable from such service after September eleventh, two
 thousand one, or (iii) is a  discharged  LGBT  veteran,  as  defined  in
 section  three  hundred  fifty  of the executive law, and has received a
 discharge other than bad conduct or dishonorable from such service after
 September eleventh, two thousand one;
   § 14. Subparagraph (A) of paragraph 2 of subsection (a-2)  of  section
 606  of  the  tax law, as amended by chapter 490 of the laws of 2019, is
 amended to read as follows:
   (A) who served on active duty in the United  States  army,  navy,  air
 force,  SPACE  FORCE, marine corps, coast guard or the reserves thereof,
 or who served in active military service  of  the  United  States  as  a
 member of the army national guard, air national guard, New York guard or
 New York naval militia; who (i) was released from active duty by general
 or  honorable  discharge  after September eleventh, two thousand one, or
 (ii) has a qualifying condition, as defined  in  section  three  hundred
 fifty  of the executive law, and has received a discharge other than bad
 conduct or dishonorable from such service after September eleventh,  two
 thousand  one,  or  (iii)  is  a  discharged LGBT veteran, as defined in

 S. 5234                             8
 
 section three hundred fifty of the executive law,  and  has  received  a
 discharge other than bad conduct or dishonorable from such service after
 September eleventh, two thousand one;
   §  15. Subparagraph (A) of paragraph 2 of subdivision (g-1) of section
 1511 of the tax law, as amended by chapter 490 of the laws of  2019,  is
 amended to read as follows:
   (A)  who  served  on  active duty in the United States army, navy, air
 force, SPACE FORCE, marine corps, coast guard or the  reserves  thereof,
 or  who  served  in  active  military  service of the United States as a
 member of the army national guard, air national guard, New York guard or
 New York naval militia; who (i) was released from active duty by general
 or honorable discharge after September eleventh, two  thousand  one,  or
 (ii)  has  a  qualifying  condition, as defined in section three hundred
 fifty of the executive law, and has received a discharge other than  bad
 conduct  or dishonorable from such service after September eleventh, two
 thousand one, or (iii) is a  discharged  LGBT  veteran,  as  defined  in
 section  three  hundred  fifty  of the executive law, and has received a
 discharge other than bad conduct or dishonorable from such service after
 September eleventh, two thousand one;
   § 16. Subdivision 6 of section 210 of the economic development law, as
 amended by chapter 490 of the laws  of  2019,  is  amended  to  read  as
 follows:
   6. "Veteran" shall mean a person who served in the United States army,
 navy,  air  force,  SPACE  FORCE,  marines, coast guard, and/or reserves
 thereof, and/or in the army national guard, air national guard, New York
 guard and/or New York naval militia and who (a) has received  an  honor-
 able  or  general  discharge  from such service, or (b) has a qualifying
 condition, as defined in section three hundred fifty  of  the  executive
 law, and has received a discharge other than bad conduct or dishonorable
 from  such  service,  or (c) is a discharged LGBT veteran, as defined in
 section three hundred fifty of the executive law,  and  has  received  a
 discharge other than bad conduct or dishonorable from such service.
   §  17.  Paragraph  (b)  of  subdivision  5  of section 50 of the civil
 service law, as amended by chapter 490 of the laws of 2019,  is  amended
 to read as follows:
   (b)  Notwithstanding  the provisions of paragraph (a) of this subdivi-
 sion, the state civil service department, subject to the approval of the
 director of the budget, a municipal commission, subject to the  approval
 of  the  governing  board or body of the city or county, as the case may
 be, or a regional commission or personnel officer, pursuant  to  govern-
 mental  agreement,  may  elect  to waive application fees, or to abolish
 fees for specific classes of  positions  or  types  of  examinations  or
 candidates,  or  to  establish  a  uniform  schedule  of reasonable fees
 different from those prescribed in paragraph (a)  of  this  subdivision,
 specifying  in  such schedule the classes of positions or types of exam-
 inations or candidates to which such fees shall apply; provided,  howev-
 er,  that  fees  shall be waived for candidates who certify to the state
 civil service department, a municipal commission or a  regional  commis-
 sion  that they are unemployed and primarily responsible for the support
 of a household, or are receiving public  assistance.  Provided  further,
 the state civil service department shall waive the state application fee
 for  examinations  for  original  appointment for all veterans. Notwith-
 standing any other provision of law, for purposes of this  section,  the
 term "veteran" shall mean a person who has served in the armed forces of
 the  United  States  or  the  reserves  thereof, or in the army national
 guard, air national guard, New York guard, or the New York  naval  mili-

 S. 5234                             9
 
 tia,  and  who  (1)  has been honorably discharged or released from such
 service under honorable conditions, or (2) has a  qualifying  condition,
 as  defined in section three hundred fifty of the executive law, and has
 received  a  discharge  other than bad conduct or dishonorable from such
 service, or (3) is a discharged LGBT  veteran,  as  defined  in  section
 three  hundred  fifty of the executive law, and has received a discharge
 other than bad conduct or  dishonorable  from  such  service.  The  term
 "armed forces" shall mean the army, navy, air force, SPACE FORCE, marine
 corps, and coast guard.
   §  18.  Paragraph  (e)  of  subdivision 1 of section 458-a of the real
 property tax law, as amended by chapter 490 of  the  laws  of  2019,  is
 amended to read as follows:
   (e)  "Veteran"  means  a person (i) who served in the active military,
 naval, SPACE, or air service during a period of war, or who was a recip-
 ient of the armed forces expeditionary medal, navy expeditionary  medal,
 marine corps expeditionary medal, or global war on terrorism expedition-
 ary medal, and who (1) was discharged or released therefrom under honor-
 able  conditions,  or  (2)  has  a  qualifying  condition, as defined in
 section three hundred fifty of the executive law,  and  has  received  a
 discharge  other  than bad conduct or dishonorable from such service, or
 (3) is a discharged LGBT veteran, as defined in  section  three  hundred
 fifty  of the executive law, and has received a discharge other than bad
 conduct or dishonorable from such service, (ii) who was employed by  the
 War Shipping Administration or Office of Defense Transportation or their
 agents  as a merchant seaman documented by the United States Coast Guard
 or Department of Commerce, or as a civil servant employed by the  United
 States  Army  Transport Service (later redesignated as the United States
 Army Transportation Corps, Water Division) or the  Naval  Transportation
 Service; and who served satisfactorily as a crew member during the peri-
 od  of  armed conflict, December seventh, nineteen hundred forty-one, to
 August fifteenth, nineteen hundred forty-five, aboard  merchant  vessels
 in oceangoing, i.e., foreign, intercoastal, or coastwise service as such
 terms  are defined under federal law (46 USCA 10301 & 10501) and further
 to include "near foreign" voyages between the United States and  Canada,
 Mexico, or the West Indies via ocean routes, or public vessels in ocean-
 going  service  or  foreign waters and who has received a Certificate of
 Release or Discharge from Active Duty and a discharge certificate, or an
 Honorable Service Certificate/Report of Casualty, from the department of
 defense, (iii) who served as a United States civilian  employed  by  the
 American  Field  Service  and served overseas under United States Armies
 and United States Army Groups in world war II during the period of armed
 conflict, December  seventh,  nineteen  hundred  forty-one  through  May
 eighth,  nineteen  hundred  forty-five,  and  who  (1) was discharged or
 released therefrom under honorable conditions, or (2) has  a  qualifying
 condition,  as  defined  in section three hundred fifty of the executive
 law, and has received a discharge other than bad conduct or dishonorable
 from such service, or (3) is a discharged LGBT veteran,  as  defined  in
 section  three  hundred  fifty  of the executive law, and has received a
 discharge other than bad conduct or dishonorable from such service, (iv)
 who served as a United States civilian Flight Crew and  Aviation  Ground
 Support  Employee  of  Pan  American World Airways or one of its subsid-
 iaries or its affiliates and served overseas as a result of  Pan  Ameri-
 can's contract with Air Transport Command or Naval Air Transport Service
 during  the  period  of  armed  conflict,  December fourteenth, nineteen
 hundred forty-one through August  fourteenth,  nineteen  hundred  forty-
 five,  and  who (1) was discharged or released therefrom under honorable

 S. 5234                            10
 
 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.
   § 19. This act shall take effect immediately, provided, however,  that
 the  amendments  made  to  subdivisions  5 and 7 of section 369-h of the
 executive law made by section three of this act  shall  not  affect  the
 repeal of such subdivisions and shall be deemed repealed therewith.

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5234--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 -- committee discharged, bill amended, ordered
   reprinted as amended and recommitted to said committee
 
 AN ACT to amend the general construction law,  the  executive  law,  the
   education  law, the election law, the military law, the insurance law,
   the private housing finance law, the public officers law, the tax law,
   the economic development law, the civil  service  law,  and  the  real
   property  tax law, in relation to including members of the space force
   as being members of the armed forces or veterans eligible for  certain
   credits and benefits
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 13-a of the general construction law, as amended by
 chapter 490 of the laws of 2019, is amended to read as follows
   § 13-a. Armed forces of the United States. "Armed forces of the United
 States" means the army, navy, marine corps, air force, SPACE  FORCE  and
 coast  guard,  including  all components thereof, and the national guard
 when in the service of the United States pursuant to call as provided by
 law.  Pursuant to this definition no person shall be considered a member
 or veteran of the armed forces of the United States unless  his  or  her
 service  therein  is or was on a full-time active duty basis, other than
 active duty for training or he or she was employed by the  War  Shipping
 Administration  or Office of Defense Transportation or their agents as a
 merchant seaman documented by the United States Coast Guard  or  Depart-
 ment  of  Commerce,  or as a civil servant employed by the United States
 Army Transport Service (later redesignated as  the  United  States  Army
 Transportation  Corps,  Water  Division)  or  the  Naval  Transportation
 Service; and who served satisfactorily as a crew member during the peri-
 od of armed conflict, December seventh, nineteen hundred  forty-one,  to
 August  fifteenth,  nineteen hundred forty-five, aboard merchant vessels
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD09383-02-1

 S. 5234--A                          2
 
 in oceangoing, i.e., foreign, intercoastal, or coastwise service as such
 terms are defined under federal law (46 USCA 10301 & 10501) and  further
 to  include "near foreign" voyages between the United States and Canada,
 Mexico, or the West Indies via ocean routes, or public vessels in ocean-
 going  service  or  foreign waters and who has received a Certificate of
 Release or Discharge from Active Duty and a discharge certificate, or an
 Honorable Service Certificate/Report of Casualty, from the Department of
 Defense or he or she served as a United States civilian employed by  the
 American  Field  Service  and served overseas under United States Armies
 and United States Army Groups in world war II during the period of armed
 conflict, December  seventh,  nineteen  hundred  forty-one  through  May
 eighth,  nineteen hundred forty-five, and (i) was discharged or released
 therefrom under honorable conditions, or (ii) has  a  qualifying  condi-
 tion,  as  defined  in section three hundred fifty of the executive law,
 and has received a discharge other than bad conduct or dishonorable from
 such service, or (iii) is a  discharged  LGBT  veteran,  as  defined  in
 section  three  hundred  fifty  of the executive law, and has received a
 discharge other than bad conduct or dishonorable from such  service,  or
 he  or  she  served as a United States civilian Flight Crew and Aviation
 Ground Support Employee of Pan American World  Airways  or  one  of  its
 subsidiaries  or  its  affiliates and served overseas as a result of Pan
 American's contract with Air Transport Command or  Naval  Air  Transport
 Service  during the period of armed conflict, December fourteenth, nine-
 teen hundred  forty-one  through  August  fourteenth,  nineteen  hundred
 forty-five,  and  (iv) was discharged or released therefrom under honor-
 able conditions, or (v)  has  a  qualifying  condition,  as  defined  in
 section  three  hundred  fifty  of the executive law, and has received a
 discharge other than bad conduct or dishonorable from such  service,  or
 (vi)  is  a discharged LGBT veteran, as defined in section three hundred
 fifty of the executive law, and has received a discharge other than  bad
 conduct or dishonorable from such service.
   §  2.  Subdivisions  3,  4, and 9 of section 350 of the executive law,
 subdivision 9 as added by chapter 490 of the laws of 2019,  are  amended
 and  five  new  subdivisions  10, 11, 12, 13 and 14 are added to read as
 follows:
   3. The term "veteran" means a person, [male  or  female,  resident  of
 this  state,]  who has served in the active military [or], naval, OR AIR
 service of the United States [during a war in which  the  United  States
 engaged]  and who [has been released from such service otherwise than by
 dishonorable discharge,] or [who has been furloughed to the reserve] WAS
 DISCHARGED OR RELEASED THEREFROM UNDER CONDITIONS OTHER  THAN  DISHONOR-
 ABLE.
   4. The term "armed forces" means the [military and naval forces of the
 United  States]  ARMY,  NAVY,  AIR  FORCE, MARINE CORPS, SPACE FORCE AND
 COAST GUARD.
   9. The  term  "discharged  LGBT  veteran"  means  a  veteran  who  was
 discharged  less  than honorably from military [or] naval OR AIR service
 due to their sexual orientation or gender  identity  or  expression,  as
 those  terms are defined in section two hundred ninety-two of this chap-
 ter, or statements, consensual sexual conduct, or consensual acts relat-
 ing to sexual orientation, gender identity or expression, or the disclo-
 sure of such statements, conduct, or acts, that were prohibited  by  the
 military  [or], naval OR AIR service at the time of discharge. The divi-
 sion shall establish a  consistent  and  uniform  process  to  determine
 whether  a  veteran  qualifies  as  a discharged LGBT veteran under this
 subdivision, including, at a minimum, standards for verifying  a  veter-

 S. 5234--A                          3
 
 an's  status as a discharged LGBT veteran, and a method of demonstrating
 eligibility as a discharged LGBT veteran.
   10. THE TERM "DISCHARGE OR RELEASE" INCLUDES:  (A) RETIREMENT FROM THE
 ACTIVE  MILITARY,  NAVAL,  OR  AIR  SERVICE;  AND  (B)  THE SATISFACTORY
 COMPLETION OF THE PERIOD OF ACTIVE MILITARY, NAVAL, OR AIR  SERVICE  FOR
 WHICH  A PERSON WAS OBLIGATED AT THE TIME OF THE ENTRY INTO SUCH SERVICE
 IN THE CASE OF A PERSON, WHO DUE TO THE ENLISTMENT OR RE-ENLISTMENT  WAS
 NOT  AWARDED  A  DISCHARGE OR RELEASE FROM SUCH PERIOD OF SERVICE AT THE
 TIME OF SUCH COMPLETION THEREOF AND WHO, AT SUCH TIME,  WOULD  OTHERWISE
 HAVE  BEEN  ELIGIBLE FOR THE AWARD OF DISCHARGE OR RELEASED UNDER CONDI-
 TIONS OTHER THAN DISHONORABLE.
   11. THE TERM "ACTIVE DUTY" MEANS: (A) A FULL-TIME DUTY  IN  THE  ARMED
 FORCES OTHER THAN ACTIVE DUTY FOR TRAINING; OR (B) FULL-TIME DUTY (OTHER
 THAN  FOR TRAINING PURPOSES) AS A COMMISSIONED OFFICER OF THE REGULAR OR
 RESERVE CORPS OF THE PUBLIC HEALTH SERVICE; OR (C) FULL-TIME DUTY  AS  A
 COMMISSIONED  OFFICER  OF  THE NATIONAL OCEANIC AND ATMOSPHERIC ADMINIS-
 TRATION OR ITS PREDECESSOR ORGANIZATION; OR (D) SERVICE AS  A  CADET  AT
 THE  UNITED  STATES  MILITARY,  AIR FORCE OR COAST GUARD ACADEMY OR AS A
 MIDSHIPMAN AT THE UNITED STATES NAVAL ACADEMY IN CASES WHERE SUCH  CADET
 OR MIDSHIPMAN COMPLETED THE COURSE OF STUDY; OR (E) AUTHORIZED TRAVEL TO
 OR FROM SUCH DUTY OR SERVICE.
   12.  THE  TERM  "RESERVE" MEANS A MEMBER OF A RESERVE COMPONENT OF THE
 ARMED FORCES.
   13. THE TERM "RESERVE COMPONENT" MEANS WITH RESPECT OF THE ARMED FORC-
 ES:  (A) THE ARMY RESERVE; (B) THE NAVY RESERVE; (C)  THE  MARINE  CORPS
 RESERVE; (D) THE AIR FORCE RESERVE; (E) THE COAST GUARD RESERVE; (F) THE
 ARMY NATIONAL GUARD OF THE UNITED STATES; AND (G) THE AIR NATIONAL GUARD
 OF THE UNITED STATES.
   14. THE TERM "UNIFORMED SERVICES" MEANS: (A) THE ARMED FORCES; (B) THE
 COMMISSIONED  CORPS  OF  THE  NATIONAL  OCEANIC AND ATMOSPHERIC ADMINIS-
 TRATION; AND (C) THE COMMISSIONED CORPS  OF  THE  UNITED  STATES  PUBLIC
 HEALTH SERVICE.
   §  3. Subdivision 3 of section 369-b of the executive law, as added by
 chapter 557 of the laws of 2013, is amended to read as follows:
   3. "Veteran" shall mean an individual who served on active duty in the
 United States army, navy, marine corps, air force,  SPACE  FORCE,  coast
 guard  or  the  reserves  component,  or  who  served in active military
 service of the United States as a member of the army national guard, air
 national guard, New York guard  or  New  York  naval  militia,  who  was
 released  from  such  service  otherwise  then by dishonorable discharge
 after September eleventh, two thousand one.
   § 4. Subdivisions 5 and 7 of  section  369-h  of  the  executive  law,
 subdivision 5 as added by chapter 22 of the laws of 2014 and subdivision
 7  as amended by chapter 490 of the laws of 2019, are amended to read as
 follows:
   5. "Service-disabled veteran" shall mean (a) in the case of the United
 States army, navy, air force, SPACE FORCE, marines,  coast  guard,  army
 national  guard or air national guard and/or reserves thereof, a veteran
 who received a compensation rating of ten percent or  greater  from  the
 United  States  department of veterans affairs or from the United States
 department of defense because of a service-connected disability incurred
 in the line of duty, and (b) in the case of the New York  guard  or  the
 New York naval militia and/or reserves thereof, a veteran who certifies,
 pursuant  to  the  rules and regulations promulgated by the director, to
 having incurred an injury equivalent to a  compensation  rating  of  ten
 percent or greater from the United States department of veterans affairs

 S. 5234--A                          4
 
 or  from  the  United States department of defense because of a service-
 connected disability incurred in the line of duty.
   7. "Veteran" shall mean a person who served in the United States army,
 navy,  air  force,  SPACE  FORCE,  marines, coast guard, and/or reserves
 thereof, and/or in the army national guard, air national guard, New York
 guard and/or the New York naval militia, and who  (i)  has  received  an
 honorable or general discharge from such service, or (ii) has a qualify-
 ing  condition,  as defined in section three hundred fifty of this chap-
 ter, and has received a discharge other than bad conduct or dishonorable
 from such service, or (iii) is a discharged LGBT veteran, as defined  in
 section  three  hundred  fifty  of  this  chapter,  and  has  received a
 discharge other than bad conduct or dishonorable from such service.
   § 5. Paragraph (a) of subdivision 3 of section 365  of  the  executive
 law,  as added by section 5 of part W of chapter 57 of the laws of 2013,
 is amended to read as follows:
   (a) For each New York state veterans cemetery there shall be a manage-
 ment board. Each such management board shall consist  of  nine  members,
 including  the  director  of  the division who shall serve as chair, and
 four members, appointed by the governor. Of such four members, not fewer
 than two shall be a veteran of the United States army, the United States
 navy, the United States air force, THE UNITED STATES  SPACE  FORCE,  the
 United  States  marines,  the New York army national guard, the New York
 air national guard, the New York naval militia,  or  a  member  who  has
 served  in  a  theater  of  combat operations of the United States coast
 guard or the  United  States  merchant  marine.  Two  members  shall  be
 appointed  by  the  temporary  president  of the senate, and two members
 shall be appointed by the speaker of the state assembly. At least one of
 the members appointed by the temporary president of the  senate  and  at
 least  one of the members appointed by the speaker of the assembly shall
 be a veteran of the United States army,  the  United  States  navy,  the
 United  States  air  force, the United States marines, the New York army
 national guard, the New York air national  guard,  the  New  York  naval
 militia, or a member who has served in a theater of combat operations of
 the  United  States coast guard or the United States merchant marine. No
 member shall receive any  compensation  for  his  or  her  service,  but
 members  who  are not state officials may be reimbursed for their actual
 and necessary expenses, including travel expenses incurred  in  perform-
 ance of their duties. The management board may consult with any federal,
 state  or  local  entity  for  the  purposes  of advancing its purposes,
 mission and duties.
   § 6. Subdivision 18 of section 3302 of the education law, as added  by
 section  1  of  part A of chapter 328 of the laws of 2014, is amended to
 read as follows:
   18. "Uniformed service" or "uniformed services" means the Army,  Navy,
 Air Force, SPACE FORCE, Marine Corps, Coast Guard as well as the Commis-
 sioned Corps of the National Oceanic and Atmospheric Administration, and
 Public Health Services.
   §  7.  Subdivision 1 of section 10-102 of the election law, as amended
 by chapter 104 of the laws of 2010, is amended to read as follows:
   1. "Military service" means the military service of the state,  or  of
 the  United  States,  including the army, navy, marine corps, air force,
 SPACE FORCE, coast guard, merchant marine and  all  components  thereof,
 and  the  coast  and  geodetic  survey,  the  public health service, the
 national guard when in the service of the United States pursuant to call
 as provided by law, and the cadets or midshipmen of  the  United  States

 S. 5234--A                          5
 
 Military  Academy,  United States Naval Academy, United States Air Force
 Academy and United States Coast Guard Academy.
   § 8. Subsection (a) of section 3435-a of the insurance law, as amended
 by chapter 416 of the laws of 1996, is amended to read as follows:
   (a)  Insurers shall be prohibited from refusing to issue a motor vehi-
 cle liability insurance policy to any person with a valid New York state
 driver's license which has been maintained by such person for  at  least
 thirty-nine  months  prior to the time of application for such policy of
 insurance solely on the basis that such person has not owned or leased a
 vehicle during such period, unless  such  decision  is  based  on  sound
 underwriting  and  actuarial  principles reasonably related to actual or
 anticipated loss experience. Provided, however, that an applicant demon-
 strating a continuous, valid  out-of-state  or  out-of-country  driver's
 license  during  such  thirty-nine month period due to active service in
 the United States army, navy, air force, SPACE FORCE or marines shall be
 treated as if continuous licensing had been maintained in New  York  and
 such  person  shall  not be rejected based solely on the fact that he or
 she served in the military.
   § 9. Subdivisions 3, 4, and 8 of section 1 of  the  military  law,  as
 amended  by  section  112  of  the  laws of 1989, are amended to read as
 follows:
   3. The terms "military" and "military and naval" shall  mean  army  or
 land, air or air force, SPACE FORCE and navy or naval.
   4.  The  terms  "military  or  naval" and "military (including air) or
 naval" shall mean army or land, air or air force, SPACE FORCE or navy or
 naval.
   8. The terms "active military service of the United  States"  and  "in
 the  armed forces of the United States" shall mean full time duty in the
 army, navy [(including], marine corps[)],  air  force,  SPACE  FORCE  or
 coast guard of the United States.
   §  10.  Paragraph a and subparagraph 2 of paragraph b of subdivision 1
 of section 214 of the military law, paragraph a as added by chapter  853
 of  the  laws  of  1953  and subparagraph 2 of paragraph b as amended by
 chapter 625 of the laws of 1965, are amended to read as follows:
   a. has been a commissioned officer in  active  service  for  at  least
 twenty years in the organized militia of the state of New York or in the
 army,  air force, SPACE FORCE, navy or marine corps of the United States
 for at least twenty years and
   (2) for ten consecutive years of such  service  immediately  preceding
 his  retirement  and  transfer  to the state retired list as provided in
 this chapter, if he has had actual combat  experience  in  time  of  war
 while  in  the army, air force, SPACE FORCE, navy or marine corps of the
 United States or if he has served on the active list of a force or forc-
 es of the organized militia for at least ten years as  an  enlisted  man
 and at least thirty years as a commissioned officer, shall receive annu-
 ally  from  the date of his retirement and transfer to the state retired
 list as provided in this chapter and during the time he remains  on  the
 state retired list seventy-five per centum of the highest annual rate of
 compensation paid to him by the state for the performance of military or
 naval duty.
   §  11.  Subdivision  3  of section 1271 of the private housing finance
 law, as amended by chapter 490 of the laws of 2019, is amended  to  read
 as follows:
   3. "Veteran" shall mean a resident of this state who (a) has served in
 the  United  States  army, navy, marine corps, air force, SPACE FORCE or
 coast guard or (b) has served on active duty or ordered to  active  duty

 S. 5234--A                          6
 
 as  defined  in  10  USC 101 (d)(1) as a member of the national guard or
 other reserve component of the armed forces of the United States or  (c)
 has  served on active duty or ordered to active duty for the state, as a
 member  of the state organized militia as defined in subdivision nine of
 section one of the military law, and has been released from such service
 documented by an honorable or general discharge,  or  has  a  qualifying
 condition,  as  defined  in section three hundred fifty of the executive
 law, and has received a discharge other than bad conduct or dishonorable
 from such service, or is  a  discharged  LGBT  veteran,  as  defined  in
 section  three  hundred  fifty  of the executive law, and has received a
 discharge other than bad conduct or dishonorable from such service.
   § 12. Subdivision 17 of section 243 of the military law, as amended by
 chapter 312 of the laws of 1993, is amended to read as follows:
   17. Certificates as to service. A certificate signed by the commander,
 total army personnel center as to persons in the army or in  any  branch
 of the United States service while serving pursuant to law with the army
 of  the United States, signed by the commander, naval military personnel
 as to persons in the United States service while serving pursuant to law
 with the United States navy, and signed by the commandant, United States
 marine corps, as to persons in the marine corps, or in any other  branch
 of  the  United  States  service  while serving pursuant to law with the
 marine corps, signed by the chief, air force military  personnel  center
 as to persons in the United States service while serving pursuant to law
 with  the  United  States  air force, SPACE FORCE PERSONNEL CENTER AS TO
 PERSONS IN THE SPACE FORCE OR IN ANY OTHER BRANCH OF THE  UNITED  STATES
 SERVICE WHILE SERVING PURSUANT TO LAW WITH THE SPACE FORCE OF THE UNITED
 STATES, or signed by an officer designated by any of them, respectively,
 for  the  purpose, shall when produced be prima facie evidence as to any
 of the following facts stated in such certificate: That a  person  named
 has  not been, or is, or has been in military service; the time when and
 the place where such person entered military service, his  residence  at
 that  time,  and  the  rank,  branch,  and  unit of such service that he
 entered, the dates within which he was in military service, the  monthly
 pay  received by such person at the date of issuing the certificate, the
 time when and the place where such person died in or was discharged from
 such service. It is the duty of the foregoing officers to  furnish  such
 certificate  on application, and any such certificate when purporting to
 be signed by any one of such officers, or by any person purporting  upon
 the  face  of the certificate to have been so authorized, shall be prima
 facie evidence of its contents and of the authority  of  the  signer  to
 issue the same.
   § 13. Section 63 of the public officers law, as amended by chapter 490
 of the laws of 2019, is amended to read as follows:
   § 63. Leave of absence for veterans on Memorial day and Veterans' day.
 It shall be the duty of the head of every public department and of every
 court  of  the  state of New York, of every superintendent or foreman on
 the public works of said state, of the county officers  of  the  several
 counties  of  said  state,  of the town officers of the various towns in
 this state, of the fire district officers of the various fire  districts
 in this state, and of the head of every department, bureau and office in
 the government of the various cities and villages in this state, and the
 officers  of  any  public benefit corporation or any public authority of
 this state, or of any public benefit corporation or public authority  of
 any  county  or subdivision of this state, to give leave of absence with
 pay for twenty-four hours on the day prescribed by law as a public holi-
 day for the observance of Memorial day and on the eleventh day of Novem-

 S. 5234--A                          7
 
 ber, known as Veterans' day, to every  person  in  the  service  of  the
 state, the county, the town, the fire district, the city or village, the
 public  benefit  corporation  or  public authority of this state, or any
 public benefit corporation or public authority of any county or subdivi-
 sion of this state, as the case may be, (i) who served on active duty in
 the  armed  forces  of the United States during world war I or world war
 II, or who was employed by the War Shipping Administration or Office  of
 Defense  Transportation  or their agents as a merchant seaman documented
 by the United States Coast Guard or Department  of  Commerce,  or  as  a
 civil  servant  employed  by  the  United  States Army Transport Service
 (later redesignated as the  United  States  Army  Transportation  Corps,
 Water  Division)  or  the  Naval  Transportation Service; and who served
 satisfactorily as a crew member during the  period  of  armed  conflict,
 December seventh, nineteen hundred forty-one, to August fifteenth, nine-
 teen  hundred  forty-five,  aboard merchant vessels in oceangoing, i.e.,
 foreign, intercoastal, or coastwise service as such  terms  are  defined
 under  federal  law (46 USCA 10301 & 10501) and further to include "near
 foreign" voyages between the United States and Canada,  Mexico,  or  the
 West Indies via ocean routes, or public vessels in oceangoing service or
 foreign  waters  and  who  has  received  a  Certificate  of  Release or
 Discharge from Active Duty and a discharge certificate, or an  Honorable
 Service  Certificate/Report of Casualty, from the Department of Defense,
 or who served as a United States civilian employed by the American Field
 Service and served overseas under United States Armies and United States
 Army Groups in world war II during the period of armed conflict,  Decem-
 ber  seventh,  nineteen  hundred  forty-one through May eighth, nineteen
 hundred forty-five, and who (a) was  discharged  or  released  therefrom
 under  honorable  conditions,  or  (b)  has  a  qualifying condition, as
 defined in section three hundred fifty of the  executive  law,  and  has
 received  a  discharge  other than bad conduct or dishonorable from such
 service, or (c) is a discharged LGBT  veteran,  as  defined  in  section
 three  hundred  fifty of the executive law, and has received a discharge
 other than bad conduct or dishonorable from such service or  who  served
 as  a  United  States  civilian  Flight Crew and Aviation Ground Support
 Employee of Pan American World Airways or one of its subsidiaries or its
 affiliates and served overseas as a result of  Pan  American's  contract
 with  Air  Transport  Command  or Naval Air Transport Service during the
 period of armed conflict, December fourteenth, nineteen  hundred  forty-
 one  through August fourteenth, nineteen hundred forty-five, and who (d)
 was discharged or released therefrom under honorable conditions, or  (e)
 has a qualifying condition, as defined in section three hundred fifty of
 the  executive  law, and has received a discharge other than bad conduct
 or dishonorable from such service, or (f) is a discharged LGBT  veteran,
 as  defined in section three hundred fifty of the executive law, and has
 received a discharge other than bad conduct or  dishonorable  from  such
 service  or during the period of the Korean conflict at any time between
 the dates of June twenty-seventh, nineteen  hundred  fifty  and  January
 thirty-first,  nineteen  hundred fifty-five, or during the period of the
 Vietnam conflict  from  the  twenty-eighth  day  of  February,  nineteen
 hundred  sixty-one  to the seventh day of May, nineteen hundred seventy-
 five, or (ii) who served on active duty  in  the  armed  forces  of  the
 United  States and who was a recipient of the armed forces expeditionary
 medal, navy expeditionary medal or marine corps expeditionary medal  for
 participation in operations in Lebanon from June first, nineteen hundred
 eighty-three to December first, nineteen hundred eighty-seven, in Grena-
 da  from October twenty-third, nineteen hundred eighty-three to November

 S. 5234--A                          8
 
 twenty-first, nineteen hundred eighty-three, or in Panama from  December
 twentieth,  nineteen  hundred eighty-nine to January thirty-first, nine-
 teen hundred ninety, or (iii) who  served  in  the  armed  forces  of  a
 foreign  country  allied  with  the  United States during world war I or
 world war II, or during the period of the Korean conflict  at  any  time
 between  June twenty-seventh, nineteen hundred fifty and January thirty-
 first, nineteen hundred fifty-five, or during the period of the  Vietnam
 conflict  from  the  twenty-eighth  day  of  February,  nineteen hundred
 sixty-one to the seventh day of May, nineteen hundred  seventy-five,  or
 during  the  period  of the Persian Gulf conflict from the second day of
 August, nineteen hundred ninety to the end  of  such  conflict,  or  who
 served  on  active duty in the army or navy or marine corps or air force
 OR SPACE FORCE or coast guard of the United  States,  and  who  (a)  was
 honorably  discharged  or  separated  from  such service under honorable
 conditions, or (b) has a qualifying condition,  as  defined  in  section
 three  hundred  fifty of the executive law, and has received a discharge
 other than bad conduct or dishonorable from such service, or  (c)  is  a
 discharged  LGBT  veteran,  as defined in section three hundred fifty of
 the executive law, and has received a discharge other than  bad  conduct
 or  dishonorable from such service except where such action would endan-
 ger the public safety or the safety or health of persons  cared  for  by
 the  state,  in  which  event such persons shall be entitled to leave of
 absence with pay on another day in lieu thereof. All  such  persons  who
 are  compensated  on  a per diem, hourly, semi-monthly or monthly basis,
 with or without maintenance, shall also be entitled to leave of  absence
 with  pay under the provisions of this section and no deduction in vaca-
 tion allowance or budgetary allowable number of working  days  shall  be
 made  in  lieu  thereof.  A refusal to give such leave of absence to one
 entitled thereto shall be neglect of duty.
   § 14. Subparagraph 1 of paragraph b of subdivision 29 of section 210-B
 of the tax law, as amended by chapter  490  of  the  laws  of  2019,  is
 amended to read as follows:
   (1)  who  served  on  active duty in the United States army, navy, air
 force, SPACE FORCE, marine corps, coast guard or the  reserves  thereof,
 or  who  served  in  active  military  service of the United States as a
 member of the army national guard, air national guard, New York guard or
 New York naval militia; who (i) was released from active duty by general
 or honorable discharge after September eleventh, two  thousand  one,  or
 (ii)  has  a  qualifying  condition, as defined in section three hundred
 fifty of the executive law, and has received a discharge other than  bad
 conduct  or dishonorable from such service after September eleventh, two
 thousand one, or (iii) is a  discharged  LGBT  veteran,  as  defined  in
 section  three  hundred  fifty  of the executive law, and has received a
 discharge other than bad conduct or dishonorable from such service after
 September eleventh, two thousand one;
   § 15. Subparagraph (A) of paragraph 2 of subsection (a-2)  of  section
 606  of  the  tax law, as amended by chapter 490 of the laws of 2019, is
 amended to read as follows:
   (A) who served on active duty in the United  States  army,  navy,  air
 force,  SPACE  FORCE, marine corps, coast guard or the reserves thereof,
 or who served in active military service  of  the  United  States  as  a
 member of the army national guard, air national guard, New York guard or
 New York naval militia; who (i) was released from active duty by general
 or  honorable  discharge  after September eleventh, two thousand one, or
 (ii) has a qualifying condition, as defined  in  section  three  hundred
 fifty  of the executive law, and has received a discharge other than bad

 S. 5234--A                          9
 
 conduct or dishonorable from such service after September eleventh,  two
 thousand  one,  or  (iii)  is  a  discharged LGBT veteran, as defined in
 section three hundred fifty of the executive law,  and  has  received  a
 discharge other than bad conduct or dishonorable from such service after
 September eleventh, two thousand one;
   §  16. Subparagraph (A) of paragraph 2 of subdivision (g-1) of section
 1511 of the tax law, as amended by chapter 490 of the laws of  2019,  is
 amended to read as follows:
   (A)  who  served  on  active duty in the United States army, navy, air
 force, SPACE FORCE, marine corps, coast guard or the  reserves  thereof,
 or  who  served  in  active  military  service of the United States as a
 member of the army national guard, air national guard, New York guard or
 New York naval militia; who (i) was released from active duty by general
 or honorable discharge after September eleventh, two  thousand  one,  or
 (ii)  has  a  qualifying  condition, as defined in section three hundred
 fifty of the executive law, and has received a discharge other than  bad
 conduct  or dishonorable from such service after September eleventh, two
 thousand one, or (iii) is a  discharged  LGBT  veteran,  as  defined  in
 section  three  hundred  fifty  of the executive law, and has received a
 discharge other than bad conduct or dishonorable from such service after
 September eleventh, two thousand one;
   § 17. Subdivision 6 of section 210 of the economic development law, as
 amended by chapter 490 of the laws  of  2019,  is  amended  to  read  as
 follows:
   6. "Veteran" shall mean a person who served in the United States army,
 navy,  air  force,  SPACE  FORCE,  marines, coast guard, and/or reserves
 thereof, and/or in the army national guard, air national guard, New York
 guard and/or New York naval militia and who (a) has received  an  honor-
 able  or  general  discharge  from such service, or (b) has a qualifying
 condition, as defined in section three hundred fifty  of  the  executive
 law, and has received a discharge other than bad conduct or dishonorable
 from  such  service,  or (c) is a discharged LGBT veteran, as defined in
 section three hundred fifty of the executive law,  and  has  received  a
 discharge other than bad conduct or dishonorable from such service.
   §  18.  Paragraph  (b)  of  subdivision  5  of section 50 of the civil
 service law, as amended by chapter 490 of the laws of 2019,  is  amended
 to read as follows:
   (b)  Notwithstanding  the provisions of paragraph (a) of this subdivi-
 sion, the state civil service department, subject to the approval of the
 director of the budget, a municipal commission, subject to the  approval
 of  the  governing  board or body of the city or county, as the case may
 be, or a regional commission or personnel officer, pursuant  to  govern-
 mental  agreement,  may  elect  to waive application fees, or to abolish
 fees for specific classes of  positions  or  types  of  examinations  or
 candidates,  or  to  establish  a  uniform  schedule  of reasonable fees
 different from those prescribed in paragraph (a)  of  this  subdivision,
 specifying  in  such schedule the classes of positions or types of exam-
 inations or candidates to which such fees shall apply; provided,  howev-
 er,  that  fees  shall be waived for candidates who certify to the state
 civil service department, a municipal commission or a  regional  commis-
 sion  that they are unemployed and primarily responsible for the support
 of a household, or are receiving public  assistance.  Provided  further,
 the state civil service department shall waive the state application fee
 for  examinations  for  original  appointment for all veterans. Notwith-
 standing any other provision of law, for purposes of this  section,  the
 term "veteran" shall mean a person who has served in the armed forces of

 S. 5234--A                         10
 
 the  United  States  or  the  reserves  thereof, or in the army national
 guard, air national guard, New York guard, or the New York  naval  mili-
 tia,  and  who  (1)  has been honorably discharged or released from such
 service  under  honorable conditions, or (2) has a qualifying condition,
 as defined in section three hundred fifty of the executive law, and  has
 received  a  discharge  other than bad conduct or dishonorable from such
 service, or (3) is a discharged LGBT  veteran,  as  defined  in  section
 three  hundred  fifty of the executive law, and has received a discharge
 other than bad conduct or  dishonorable  from  such  service.  The  term
 "armed forces" shall mean the army, navy, air force, SPACE FORCE, marine
 corps, and coast guard.
   §  19.  Paragraph  (e)  of  subdivision 1 of section 458-a of the real
 property tax law, as amended by chapter 490 of  the  laws  of  2019,  is
 amended to read as follows:
   (e)  "Veteran"  means  a person (i) who served in the active military,
 naval, SPACE, or air service during a period of war, or who was a recip-
 ient of the armed forces expeditionary medal, navy expeditionary  medal,
 marine corps expeditionary medal, or global war on terrorism expedition-
 ary medal, and who (1) was discharged or released therefrom under honor-
 able  conditions,  or  (2)  has  a  qualifying  condition, as defined in
 section three hundred fifty of the executive law,  and  has  received  a
 discharge  other  than bad conduct or dishonorable from such service, or
 (3) is a discharged LGBT veteran, as defined in  section  three  hundred
 fifty  of the executive law, and has received a discharge other than bad
 conduct or dishonorable from such service, (ii) who was employed by  the
 War Shipping Administration or Office of Defense Transportation or their
 agents  as a merchant seaman documented by the United States Coast Guard
 or Department of Commerce, or as a civil servant employed by the  United
 States  Army  Transport Service (later redesignated as the United States
 Army Transportation Corps, Water Division) or the  Naval  Transportation
 Service; and who served satisfactorily as a crew member during the peri-
 od  of  armed conflict, December seventh, nineteen hundred forty-one, to
 August fifteenth, nineteen hundred forty-five, aboard  merchant  vessels
 in oceangoing, i.e., foreign, intercoastal, or coastwise service as such
 terms  are defined under federal law (46 USCA 10301 & 10501) and further
 to include "near foreign" voyages between the United States and  Canada,
 Mexico, or the West Indies via ocean routes, or public vessels in ocean-
 going  service  or  foreign waters and who has received a Certificate of
 Release or Discharge from Active Duty and a discharge certificate, or an
 Honorable Service Certificate/Report of Casualty, from the department of
 defense, (iii) who served as a United States civilian  employed  by  the
 American  Field  Service  and served overseas under United States Armies
 and United States Army Groups in world war II during the period of armed
 conflict, December  seventh,  nineteen  hundred  forty-one  through  May
 eighth,  nineteen  hundred  forty-five,  and  who  (1) was discharged or
 released therefrom under honorable conditions, or (2) has  a  qualifying
 condition,  as  defined  in section three hundred fifty of the executive
 law, and has received a discharge other than bad conduct or dishonorable
 from such service, or (3) is a discharged LGBT veteran,  as  defined  in
 section  three  hundred  fifty  of the executive law, and has received a
 discharge other than bad conduct or dishonorable from such service, (iv)
 who served as a United States civilian Flight Crew and  Aviation  Ground
 Support  Employee  of  Pan  American World Airways or one of its subsid-
 iaries or its affiliates and served overseas as a result of  Pan  Ameri-
 can's contract with Air Transport Command or Naval Air Transport Service
 during  the  period  of  armed  conflict,  December fourteenth, nineteen

 S. 5234--A                         11
 
 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. This act shall take effect immediately, provided, however,  that
 the  amendments  made  to  subdivisions  5 and 7 of section 369-h of the
 executive law made by section four of this  act  shall  not  affect  the
 repeal of such section and shall be deemed repealed therewith.