Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
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---|---|
May 24, 2024 |
print number 5190a |
May 24, 2024 |
amend (t) and recommit to veterans, homeland security and military affairs |
Jan 03, 2024 |
referred to veterans, homeland security and military affairs |
Feb 27, 2023 |
referred to veterans, homeland security and military affairs |
Senate Bill S5190A
2023-2024 Legislative Session
Includes the space force as being members of the armed forces or veterans eligible for certain credits and benefits
download bill text pdfSponsored By
(D) 42nd Senate District
Current Bill Status - In Senate Committee Veterans, Homeland Security And Military Affairs Committee
- Introduced
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- In Committee Assembly
- In Committee Senate
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- On Floor Calendar Assembly
- On Floor Calendar Senate
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- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
Bill Amendments
co-Sponsors
(R) 43rd Senate District
2023-S5190 - Details
- See Assembly Version of this Bill:
- A10204
- Current Committee:
- Senate Veterans, Homeland Security And Military Affairs
- Law Section:
- General Construction Law
- Laws Affected:
- Amd §13-a, Gen Con L; amd §10-102, El L; amd §3435-a, Ins L; amd §§1, 214, 243 & 250-a, Mil L; amd §63, Pub Off L; amd §210, Ec Dev L; amd §50, Civ Serv L; amd §458-a, RPT L
- Versions Introduced in 2021-2022 Legislative Session:
-
S5234
2023-S5190 - Sponsor Memo
BILL NUMBER: S5190 SPONSOR: SKOUFIS TITLE OF BILL: An act to amend the general construction law, the executive law, the veterans' services law, the election law, the military law, the insur- ance law, the private housing finance law, the public officers 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 PURPOSE: To ensure that the military's uniformed service members and veterans are equally represented under New York State law. SUMMARY OF PROVISIONS: Section 1: amends § 13-a of the General Construction Law to include "space force" within the definition of "armed forces" of the United
States. Section 2: amends § 350(3),(4) of the Executive Law and adds subdivi- sions 10 -14 to define the term "veteran" under Article 17 of the Execu- tive Law. Section 3-19: amends various provisions of law to include those who served on active duty as a member of the space force. Section 20: effective date. JUSTIFICATION: This bill will ensure that the nation's newest service branch members are included in the definition of veterans and uniformed services under New York State law. This measure also provides further clarification of a definition of "veteran" in Article 17 of the Executive Law in which the New York State Division of Veterans' Services mission and duties are lined out. LEGISLATIVE HISTORY: Senate 2021-2022: S5234B, Referred to Veterans, Homeland Security, and Military Affairs Assembly 2021-2022: A7606A, Passed Assembly FISCAL IMPLICATIONS: To be determined. EFFECTIVE DATE: This act shall take effect immediately, provided, however, that the amendments made to subdivision 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.
2023-S5190 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 5190 2023-2024 Regular Sessions I N S E N A T E February 27, 2023 ___________ 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 veterans' services law, the election law, the military law, the insur- ance law, the private housing finance law, the public officers 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. LBD06758-01-3
S. 5190 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. Section 13-a of the general construction law, as amended by section 60 of part PP of chapter 56 of the laws of 2022, 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 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 S. 5190 3 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 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, 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, nineteen hundred forty- one through August fourteenth, nineteen hundred forty-five, and (iv) was discharged or released therefrom under honorable conditions, or (v) has a qualifying condition, as defined in section one of the veterans' services law, and has received a discharge other than bad conduct or dishonorable from such service, or (vi) is a discharged LGBT veteran, as defined in section one of the veterans' services law, and has received a discharge other than bad conduct or dishonorable from such service. § 3. 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, AIR, OR SPACE 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 DISHONORABLE. 4. The term "armed forces" means the [military and naval forces of the United States] ARMY, NAVY, AIR FORCE, MARINE CORPS, SPACE FORCE AND COAST GUARD. 9. The term "discharged LGBT veteran" means a veteran who was discharged less than honorably from military [or] naval OR AIR service due to their sexual orientation or gender identity or expression, as those terms are defined in section two hundred ninety-two of this chap- ter, or statements, consensual sexual conduct, or consensual acts relat- ing to sexual orientation, gender identity or expression, or the disclo- sure of such statements, conduct, or acts, that were prohibited by the military [or], naval OR AIR service at the time of discharge. The divi- sion shall establish a consistent and uniform process to determine whether a veteran qualifies as a discharged LGBT veteran under this subdivision, including, at a minimum, standards for verifying a veter- an's status as a discharged LGBT veteran, and a method of demonstrating eligibility as a discharged LGBT veteran. 10. THE TERM "DISCHARGE OR RELEASE" INCLUDES: (A) RETIREMENT FROM THE ACTIVE MILITARY, NAVAL, AIR, OR SPACE SERVICE; AND (B) THE SATISFACTORY COMPLETION OF THE PERIOD OF ACTIVE MILITARY, NAVAL, AIR, OR SPACE 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 S. 5190 4 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 CONDITIONS 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. § 4. Section 1 of the veterans' services law is amended by adding five new subdivisions 10, 11, 12, 13 and 14 to read as follows: 10. THE TERM "DISCHARGE OR RELEASE" INCLUDES: (A) RETIREMENT FROM THE ACTIVE MILITARY, NAVAL, AIR, OR SPACE SERVICE; AND (B) THE SATISFACTORY COMPLETION OF THE PERIOD OF ACTIVE MILITARY, NAVAL, AIR, OR SPACE 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 CONDITIONS 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. S. 5190 5 § 5. 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. § 6. 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. 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. § 7. 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 S. 5190 6 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. § 8. 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. § 9. 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. § 10. 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. § 11. 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 S. 5190 7 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. § 12. 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) 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. § 13. 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 S. 5190 8 facie evidence of its contents and of the authority of the signer to issue the same. § 14. Section 63 of the public officers law, as amended by chapter 606 of the laws of 2021, is amended to read as follows: § 63. Leave of absence for veterans on Memorial day and Veterans' day. It shall be the duty of the head of every public department and of every court of the state of New York, of every superintendent or foreman on the public works of said state, of the county officers of the several counties of said state, of the town officers of the various towns in this state, of the fire district officers of the various fire districts in this state, and of the head of every department, bureau and office in the government of the various cities and villages in this state, and the officers of any public benefit corporation or any public authority of this state, or of any public benefit corporation or public authority of any county or subdivision of this state, to give leave of absence with pay for twenty-four hours on the day prescribed by law as a public holi- day for the observance of Memorial day and on the eleventh day of Novem- ber, known as Veterans' day, to every person in the service of the state, the county, the town, the fire district, the city or village, the public benefit corporation or public authority of this state, or any public benefit corporation or public authority of any county or subdivi- sion of this state, as the case may be, (i) who served on active duty in the armed forces of the United States during world war I or world war II, or who was employed by the War Shipping Administration or Office of Defense Transportation or their agents as a merchant seaman documented by the United States Coast Guard or Department of Commerce, or as a 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) S. 5190 9 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] FIRST DAY OF NOVEMBER, NINETEEN HUNDRED FIFTY-FIVE 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 expedi- tionary medal or marine corps expeditionary medal for participation in operations in Lebanon from June first, nineteen hundred eighty-three to December first, nineteen hundred eighty-seven, in Grenada from October twenty-third, nineteen hundred eighty-three to November twenty-first, nineteen hundred eighty-three, or in Panama from December twentieth, nineteen hundred eighty-nine to January thirty-first, nineteen hundred ninety, or (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 twen- ty-seventh, nineteen hundred fifty and January thirty-first, nineteen hundred fifty-five, or during the period of the Vietnam conflict from the first day of November, nineteen hundred fifty-five 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 endanger the public safety or the safety or health of persons cared for by the state, in which event such persons shall be entitled to leave of absence with pay on another day in lieu thereof. All such persons who are compensated on a per diem, hourly, semi-monthly or monthly basis, with or without maintenance, shall also be entitled to leave of absence with pay under the provisions of this section and no deduction in vacation allowance or budgetary allowable number of working days shall be made in lieu thereof. A refusal to give such leave of absence to one entitled thereto shall be neglect of duty. § 15. Section 63 of the public officers law, as amended by section 80 of part PP of chapter 56 of the laws of 2022, 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 S. 5190 10 the government of the various cities and villages in this state, and the officers of any public benefit corporation or any public authority of this state, or of any public benefit corporation or public authority of any county or subdivision of this state, to give leave of absence with pay for twenty-four hours on the day prescribed by law as a public holi- day for the observance of Memorial day and on the eleventh day of Novem- ber, known as Veterans' day, to every person in the service of the state, the county, the town, the fire district, the city or village, the public benefit corporation or public authority of this state, or any public benefit corporation or public authority of any county or subdivi- sion of this state, as the case may be, (i) who served on active duty in the armed forces of the United States during world war I or world war II, or who was employed by the War Shipping Administration or Office of Defense Transportation or their agents as a merchant seaman documented by the United States Coast Guard or Department of Commerce, or as a 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 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 or who served as a United States civilian Flight Crew and Aviation Ground Support Employee of Pan American World Airways or one of its subsidiaries or its affiliates and served overseas as a result of Pan American's contract with Air Trans- port Command or Naval Air Transport Service during the period of armed conflict, December fourteenth, nineteen hundred forty-one through August fourteenth, nineteen hundred forty-five, and who (d) was discharged or released therefrom under honorable conditions, or (e) has a qualifying condition, as defined in section one of the veterans' services law, and has received a discharge other than bad conduct or dishonorable from such service, or (f) is a discharged LGBT veteran, as defined in section one of the veterans' services law, and has received a discharge other than bad conduct or dishonorable from such service or during the period of the Korean conflict at any time between the dates of June twenty-sev- enth, nineteen hundred fifty and January thirty-first, nineteen hundred fifty-five, or during the period of the Vietnam conflict from the first day of November, nineteen hundred fifty-five to the seventh day of May, nineteen hundred seventy-five, or (ii) who served on active duty in the S. 5190 11 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 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 (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 first day of November, nineteen hundred fifty-five 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 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 except where such action would endanger the public safety or the safety or health of persons cared for by the state, in which event such persons shall be entitled to leave of absence with pay on another day in lieu thereof. All such persons who are compensated on a per diem, hourly, semi-monthly or monthly basis, with or without mainte- nance, shall also be entitled to leave of absence with pay under the provisions of this section and no deduction in vacation allowance or budgetary allowable number of working days shall be made in lieu there- of. A refusal to give such leave of absence to one entitled thereto shall be neglect of duty. § 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. Subdivision 6 of section 210 of the economic development law, as amended by section 33 of part PP of chapter 56 of the laws of 2022, 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 one of the veterans' services law, and S. 5190 12 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. § 18. Paragraph (b) of subdivision 5 of section 50 of the civil service law, as amended by chapter 490 of the laws of 2019, is amended to read as follows: (b) Notwithstanding the provisions of paragraph (a) of this subdivi- sion, the state civil service department, subject to the approval of the director of the budget, a municipal commission, subject to the approval of the governing board or body of the city or county, as the case may be, or a regional commission or personnel officer, pursuant to govern- mental agreement, may elect to waive application fees, or to abolish fees for specific classes of positions or types of examinations or candidates, or to establish a uniform schedule of reasonable fees different from those prescribed in paragraph (a) of this subdivision, specifying in such schedule the classes of positions or types of exam- inations or candidates to which such fees shall apply; provided, howev- er, that fees shall be waived for candidates who certify to the state civil service department, a municipal commission or a regional commis- sion that they are unemployed and primarily responsible for the support of a household, or are receiving public assistance. Provided further, the state civil service department shall waive the state application fee for examinations for original appointment for all veterans. Notwith- standing any other provision of law, for purposes of this section, the term "veteran" shall mean a person who has served in the armed forces of the United States or the reserves thereof, or in the army national guard, air national guard, New York guard, or the New York naval mili- 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 (b) of subdivision 5 of section 50 of the civil service law, as amended by section 35 of part PP of chapter 56 of the laws of 2022, 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 S. 5190 13 for examinations for original appointment for all veterans. Notwith- standing any other provision of law, for purposes of this section, the term "veteran" shall mean a person who has served in the armed forces of the United States or the reserves thereof, or in the army national guard, air national guard, New York guard, or the New York naval mili- tia, and who (1) has been honorably discharged or released from such service under honorable conditions, or (2) has a qualifying condition, as defined in section 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. The term "armed forces" shall mean the army, navy, air force, SPACE FORCE, marine corps, and coast guard. § 20. 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- S. 5190 14 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. § 21. 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, 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 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 Ship- ping 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 S. 5190 15 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. § 22. 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 six of this act shall not affect the repeal of such section and shall be deemed repealed therewith; provided further, that the amendments to articles 17, 17-A, and 17-B of the exec- utive law made by sections three, five, and seven of this act shall not affect the repeal of such articles and shall be deemed repealed there- with; and provided further, that sections two, four, fifteen, seventeen, nineteen and twenty-one of this act shall take effect on the same date and in the same manner as part PP of chapter 56 of the laws of 2022, takes effect.
co-Sponsors
(R) 43rd Senate District
2023-S5190A (ACTIVE) - Details
- See Assembly Version of this Bill:
- A10204
- Current Committee:
- Senate Veterans, Homeland Security And Military Affairs
- Law Section:
- General Construction Law
- Laws Affected:
- Amd §13-a, Gen Con L; amd §10-102, El L; amd §3435-a, Ins L; amd §§1, 214, 243 & 250-a, Mil L; amd §63, Pub Off L; amd §210, Ec Dev L; amd §50, Civ Serv L; amd §458-a, RPT L
- Versions Introduced in 2021-2022 Legislative Session:
-
S5234
2023-S5190A (ACTIVE) - Sponsor Memo
BILL NUMBER: S5190A SPONSOR: SKOUFIS TITLE OF BILL: An act to amend the general construction law, the election law, the insurance law, the military law, the public officers 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 PURPOSE: To ensure that the military's uniformed service members and veterans are equally represented under New York State law. SUMMARY OF PROVISIONS: Section 1: amends § 13-a of the General Construction Law to include "space force" within the definition of "armed forces" of the United States.
Section 2: amends § 350(3),(4) of the Executive Law and adds subdivi- sions 10 -14 to define the term "veteran" under Article 17 of the Execu- tive Law. Section 3-19: amends various provisions of law to include those who served on active duty as a member of the space force. Section 20: effective date. JUSTIFICATION: This bill will ensure that the nation's newest service branch members are included in the definition of veterans and uniformed services under New York State law. This measure also provides further clarification of a definition of "veteran" in Article 17 of the Executive Law in which the New York State Division of Veterans' Services mission and duties are lined out. LEGISLATIVE HISTORY: Senate 2021-2022: S5234B, Referred to Veterans, Homeland Security, and Military Affairs Assembly 2021-2022: A7606A, Passed Assembly FISCAL IMPLICATIONS: To be determined. EFFECTIVE DATE: This act shall take effect immediately, provided, however, that the amendments made to subdivision 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.
2023-S5190A (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 5190--A 2023-2024 Regular Sessions I N S E N A T E February 27, 2023 ___________ Introduced by Sens. SKOUFIS, ASHBY -- read twice and ordered printed, and when printed to be committed to the Committee on Veterans, Home- land Security 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 general construction law, the election law, the insurance law, the military law, the public officers 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 bene- fits 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 section 60 of part PP of chapter 56 of the laws of 2022, 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] SUCH MEMBER OR VETERAN'S service therein is or was on a full-time active duty basis, other than active duty for training or [he or she] SUCH MEMBER OR VETERAN 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 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD06758-07-4
S. 5190--A 2 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 [he or she] THE MEMBER OR VETERAN 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 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, or [he or she] THE MEMBER OR VETERAN served as a United States civilian Flight Crew and Aviation Ground Support Employee of Pan Ameri- can World Airways or one of its subsidiaries or its affiliates and served overseas as a result of Pan American's contract with Air Trans- port Command or Naval Air Transport Service during the period of armed conflict, December fourteenth, nineteen hundred forty-one through August fourteenth, nineteen hundred forty-five, and (iv) was discharged or released therefrom under honorable conditions, or (v) 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 (vi) 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. § 2. 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. § 3. 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 S. 5190--A 3 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] SUCH PERSON served in the military. § 4. 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 OR SPACE 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 SPACE 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. § 5. 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] SUCH OFFICER'S retirement and transfer to the state retired list as provided in this chapter, if [he] SUCH OFFICER 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] SUCH OFFICER has served on the active list of a force or forces of the organized militia for at least ten years as an enlisted [man] PERSON and at least thirty years as a commissioned officer, shall receive annually from the date of [his] SUCH OFFICER'S retirement and transfer to the state retired list as provided in this chapter and during the time [he] SUCH OFFICER remains on the state retired list seventy-five per centum of the highest annual rate of compensation paid to [him] SUCH OFFICER by the state for the performance of military or naval duty. § 6. Paragraph (b) of subdivision 1 of section 243 of the military law, as amended by section 71 of part PP of chapter 56 of the laws of 2022, is amended to read as follows: (b) The term "military duty" shall mean military service in the mili- tary, naval, aviation, SPACE or marine service of the United States subsequent to July first, nineteen hundred forty, or service under the selective training and service act of nineteen hundred forty, or the national guard and reserve officers mobilization act of nineteen hundred forty, or any other act of congress supplementary or amendatory thereto, or any similar act of congress hereafter enacted and irrespective of the fact that such service was entered upon following a voluntary enlistment therefor or was required under one of the foregoing acts of congress, or service with the United States public health service as a commissioned officer, or service with the American Red Cross while with the armed forces of the United States on foreign service, or service with the special services section of the armed forces of the United States on foreign service, or service in the merchant marine which shall consist of service as an officer or member of the crew on or in connection with a vessel documented under the laws of the United States or a vessel S. 5190--A 4 owned by, chartered to, or operated by or for the account or use of the government of the United States, or service by one who was employed by the War Shipping Administration or Office of Defense Transportation or their agents as a merchant seaman documented by the United States Coast Guard or Department of Commerce, or as a civil servant employed by the United States Army Transport Service (later redesignated as the United States Army Transportation Corps, Water Division) or the Naval Transpor- tation Service; and who served satisfactorily as a crew member during the period of armed conflict, December seventh, nineteen hundred forty- one, to August fifteenth, nineteen hundred forty-five, aboard merchant vessels in oceangoing, i.e., foreign, intercoastal, or coastwise service as such terms are defined under federal law (46 USCA 10301 & 10501) and further to include "near foreign" voyages between the United States and Canada, Mexico, or the West Indies via ocean routes, or public vessels in oceangoing service or foreign waters and who has received a Certif- icate of Release or Discharge from Active Duty and a discharge certif- icate, or an Honorable Service Certificate/Report of Casualty, from the Department of Defense, or who served as a United States civilian employed by the American Field Service and served overseas under United States Armies and United States Army Groups in world war II during the period of armed conflict, December seventh, nineteen hundred forty-one through May eighth, nineteen hundred forty-five, and who (i) was discharged or released therefrom under honorable conditions, or (ii) has a qualifying condition, as defined in section 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, or who served as a United States civilian Flight Crew and Aviation Ground Support Employee of Pan American World Airways or one of its subsidiaries or its affiliates and served overseas as a result of Pan American's contract with Air Transport Command or Naval Air Trans- port Service during the period of armed conflict, December fourteenth, nineteen hundred forty-one through August fourteenth, nineteen hundred forty-five, and who (iv) was discharged or released therefrom under honorable conditions, or (v) has a qualifying condition, as defined in section one of the veterans' services law, and has received a discharge other than bad conduct or dishonorable from such service, or (vi) is a discharged LGBT veteran, as defined in section one of the veterans' services law, and has received a discharge other than bad conduct or dishonorable from such service; or service in police duty on behalf of the United States government in a foreign country, if such person is a police officer, as defined by section 1.20 of the criminal procedure law, and if such police officer obtained the prior consent of [his or her] THEIR public employer to absent [himself or herself] THEMSELF from [his or her] SUCH POLICE OFFICER'S position to engage in the performance of such service; or as an enrollee in the United States maritime service on active duty and, to such extent as may be prescribed by or under the laws of the United States, any period awaiting assignment to such service and any period of education or training for such service in any school or institution under the jurisdiction of the United States government, but shall not include temporary and intermittent gratuitous service in any reserve or auxiliary force. It shall include time spent in reporting for and returning from military duty and shall be deemed to commence when the public employee leaves [his or her] THEIR position and to end when [he or she] SUCH PUBLIC EMPLOYEE is reinstated to [his or S. 5190--A 5 her] THEIR position, provided such reinstatement is within ninety days after the termination of military duty, as hereinafter defined. Notwith- standing the foregoing provisions of this paragraph, the term "military duty" shall not include any of the foregoing services entered upon voluntarily on or after January first, nineteen hundred forty-seven and before June twenty-fifth, nineteen hundred fifty; and, on or after July first, nineteen hundred seventy, the term "military duty" shall not include any voluntary service in excess of four years performed after that date, or the total of any voluntary services, additional or other- wise, in excess of four years performed after that date, shall not exceed five years, if the service in excess of four years is at the request and for the convenience of the federal government, except if such voluntary service is performed during a period of war, or national emergency declared by the president. § 7. 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 OR WITH THE UNITED STATES SPACE FORCE, 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] SUCH PERSON'S residence at that time, and the rank, branch, and unit of such service that [he] SUCH PERSON entered, the dates within which [he] SUCH PERSON 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. § 8. Section 63 of the public officers law, as amended by section 80 of part PP of chapter 56 of the laws of 2022, 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 S. 5190--A 6 pay for twenty-four hours on the day prescribed by law as a public holi- day for the observance of Memorial day and on the eleventh day of Novem- ber, known as Veterans' day, to every person in the service of the state, the county, the town, the fire district, the city or village, the public benefit corporation or public authority of this state, or any public benefit corporation or public authority of any county or subdivi- sion of this state, as the case may be, (i) who served on active duty in the armed forces of the United States during world war I or world war II, or who was employed by the War Shipping Administration or Office of Defense Transportation or their agents as a merchant seaman documented by the United States Coast Guard or Department of Commerce, or as a civil servant employed by the United States Army Transport Service (later redesignated as the United States Army Transportation Corps, Water Division) or the Naval Transportation Service; and who served satisfactorily as a crew member during the period of armed conflict, December seventh, nineteen hundred forty-one, to August fifteenth, nine- teen hundred forty-five, aboard merchant vessels in oceangoing, i.e., foreign, intercoastal, or coastwise service as such terms are defined under federal law (46 USCA 10301 & 10501) and further to include "near foreign" voyages between the United States and Canada, Mexico, or the West Indies via ocean routes, or public vessels in oceangoing service or foreign waters and who has received a Certificate of Release or Discharge from Active Duty and a discharge certificate, or an Honorable Service Certificate/Report of Casualty, from the Department of Defense, or who served as a United States civilian employed by the American Field Service and served overseas under United States Armies and United States Army Groups in world war II during the period of armed conflict, Decem- ber seventh, nineteen hundred forty-one through May eighth, nineteen hundred forty-five, and who (a) was discharged or released therefrom under honorable conditions, or (b) has a qualifying condition, as defined in section 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 or who served as a United States civilian Flight Crew and Aviation Ground Support Employee of Pan American World Airways or one of its subsidiaries or its affiliates and served overseas as a result of Pan American's contract with Air Trans- port Command or Naval Air Transport Service during the period of armed conflict, December fourteenth, nineteen hundred forty-one through August fourteenth, nineteen hundred forty-five, and who (d) was discharged or released therefrom under honorable conditions, or (e) has a qualifying condition, as defined in section one of the veterans' services law, and has received a discharge other than bad conduct or dishonorable from such service, or (f) is a discharged LGBT veteran, as defined in section one of the veterans' services law, and has received a discharge other than bad conduct or dishonorable from such service or during the period of the Korean conflict at any time between the dates of June twenty-sev- enth, nineteen hundred fifty and January thirty-first, nineteen hundred fifty-five, or during the period of the Vietnam conflict from the first day of November, nineteen hundred fifty-five 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 S. 5190--A 7 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 (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 first day of November, nineteen hundred fifty-five 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 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 except where such action would endanger the public safety or the safety or health of persons cared for by the state, in which event such persons shall be entitled to leave of absence with pay on another day in lieu thereof. All such persons who are compensated on a per diem, hourly, semi-monthly or monthly basis, with or without mainte- nance, shall also be entitled to leave of absence with pay under the provisions of this section and no deduction in vacation allowance or budgetary allowable number of working days shall be made in lieu there- of. A refusal to give such leave of absence to one entitled thereto shall be neglect of duty. § 9. Subdivision 6 of section 210 of the economic development law, as amended by section 33 of part PP of chapter 56 of the laws of 2022, 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 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. § 10. Paragraph (b) of subdivision 5 of section 50 of the civil service law, as amended by section 1 of part EE of chapter 55 of the laws of 2023, 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- S. 5190--A 8 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. Provided further, the state civil service department shall, and a municipal commission may, 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 governmental agreement, waive application fees for all examinations held between July first, two thousand twenty- three and December thirty-first, two thousand twenty-five. Notwithstand- ing 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 militia, 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 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. The term "armed forces" shall mean the army, navy, air force, SPACE FORCE, marine corps, and coast guard. § 11. Paragraph (b) of subdivision 5 of section 50 of the civil service law, as amended by section 35 of part PP of chapter 56 of the laws of 2022, is amended to read as follows: (b) Notwithstanding the provisions of paragraph (a) of this subdivi- sion, the state civil service department, subject to the approval of the director of the budget, a municipal commission, subject to the approval of the governing board or body of the city or county, as the case may be, or a regional commission or personnel officer, pursuant to govern- mental agreement, may elect to waive application fees, or to abolish fees for specific classes of positions or types of examinations or candidates, or to establish a uniform schedule of reasonable fees different from those prescribed in paragraph (a) of this subdivision, specifying in such schedule the classes of positions or types of exam- inations or candidates to which such fees shall apply; provided, howev- er, that fees shall be waived for candidates who certify to the state civil service department, a municipal commission or a regional commis- sion that they are unemployed and primarily responsible for the support of a household, or are receiving public assistance. Provided further, the state civil service department shall waive the state application fee for examinations for original appointment for all veterans. Notwith- standing any other provision of law, for purposes of this section, the term "veteran" shall mean a person who has served in the armed forces of the United States or the reserves thereof, or in the army national guard, air national guard, New York guard, or the New York naval mili- tia, and who (1) has been honorably discharged or released from such service under honorable conditions, or (2) has a qualifying condition, as defined in section 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 S. 5190--A 9 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. § 12. Paragraph (e) of subdivision 1 of section 458-a of the real property tax law, as amended by chapter 611 of the laws of 2023, 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 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 Ship- ping 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 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, (v) notwithstanding any other provision of law to the contrary, who are S. 5190--A 10 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, or (vi) who shall be considered to have been discharged or released from active military service of the United States under honor- able conditions if: (1) the individual served in the active military service of the United States for the period of time such individual was obligated to serve at the time of entry into service; (2) the individual was not discharged or released from such service at the time of complet- ing such period of obligation due to an intervening enlistment or reen- listment; (3) the individual would have been eligible for a discharge or release under conditions other than dishonorable at such time except for such intervening enlistment or reenlistment; and (4) the individual served in the active military service of the United States for a period of at least ten years, provided that such individual meets all other qualifications under the provisions of this section. § 13. Paragraph b of subdivision 1 of section 250-a of the military law, as added by chapter 465 of the laws of 2013, is amended to read as follows: b. In the event the governor orders the flags of the United States and the State of New York, to be lowered to half staff, in memorial of the death of any service member of the army, navy (including marine corps), air force, SPACE FORCE, or coast guard of the United States, or any service member of the army national guard, air national guard, state guard or naval militia, the adjutant general, shall, in cooperation with the office of general services, arrange for the procurement of a flag of the United States and a flag of the State of New York, which were flying over the capitol building at the time such flags were lowered to half staff in compliance with the governor's order. Upon the procurement of such flags, the adjutant general, or [his or her] THEIR representative, shall offer the presentment of such flags, without cost, to the person designated to dispose of the remains of the service member, in whose honor such flags were lowered in memorial. § 14. This act shall take effect immediately; provided, however, that the amendments to paragraph (b) of subdivision 5 of section 50 of the civil service law made by section ten of this act shall be subject to the expiration and reversion of such paragraph pursuant to section 2 of part EE of chapter 55 of the laws of 2023, when upon such date the provisions of section eleven of this act shall take effect.
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