S. 5195 2
who received a wound in combat, as documented by the awarding of the
purple heart, as authorized by the United States department of defense,
and that wound is the cause of, or a substantially contributing factor
to, the degree of impairment, who otherwise meet the requirements of
this section. The number of veterans appointed pursuant to this section
shall not exceed five hundred.
§ 2. Paragraph (b) of subdivision 1 of section 75 of the civil service
law, as amended by chapter 490 of the laws of 2019, is amended to read
as follows:
(b) a person holding a position by permanent appointment or employment
in the classified service of the state or in the several cities, coun-
ties, towns, or villages thereof, or in any other political or civil
division of the state or of a municipality, or in the public school
service, or in any public or special district, or in the service of any
authority, commission or board, or in any other branch of public
service, who was honorably discharged or released under honorable
circumstances from the armed forces of the United States including (i)
having a qualifying condition as defined in section three hundred fifty
of the executive law, and receiving a discharge other than bad conduct
or dishonorable from such service, or (ii) being a discharged LGBT
veteran, as defined in section three hundred fifty of the executive law,
and receiving a discharge other than bad conduct or dishonorable from
such service, [having served therein as such member in time of war as
defined in section eighty-five of this chapter,] or who is an exempt
volunteer firefighter as defined in the general municipal law, except
when a person described in this paragraph holds the position of private
secretary, cashier or deputy of any official or department, or
§ 3. Paragraph (b) of subdivision 1 of section 75 of the civil service
law, as amended by section 36 of part PP of chapter 56 of the laws of
2022, is amended to read as follows:
(b) a person holding a position by permanent appointment or employment
in the classified service of the state or in the several cities, coun-
ties, towns, or villages thereof, or in any other political or civil
division of the state or of a municipality, or in the public school
service, or in any public or special district, or in the service of any
authority, commission or board, or in any other branch of public
service, who was honorably discharged or released under honorable
circumstances from the armed forces of the United States including (i)
having a qualifying condition as defined in section one of the veterans'
services law, and receiving a discharge other than bad conduct or
dishonorable from such service, or (ii) being a discharged LGBT veteran,
as defined in section one of the veterans' services law, and receiving a
discharge other than bad conduct or dishonorable from such service,
[having served therein as such member in time of war as defined in
section eighty-five of this chapter,] or who is an exempt volunteer
firefighter as defined in the general municipal law, except when a
person described in this paragraph holds the position of private secre-
tary, cashier or deputy of any official or department, or
§ 4. Section 86 of the civil service law, as amended by chapter 490 of
the laws of 2019, is amended to read as follows:
§ 86. Transfer of veterans or exempt volunteer firefighters upon abol-
ition of positions. If the position in the non-competitive or in the
labor class held by any honorably discharged veteran of the armed forces
of the United States or by any veteran of the armed forces of the United
States released under honorable circumstances from such service includ-
ing (i) having a qualifying condition as defined in section three
S. 5195 3
hundred fifty of the executive law, and receiving a discharge other than
bad conduct or dishonorable from such service, or (ii) being a
discharged LGBT veteran, as defined in section three hundred fifty of
the executive law, and receiving a discharge other than bad conduct or
dishonorable from such service, [who served therein in time of war as
defined in section eighty-five of this chapter,] or by an exempt volun-
teer firefighter as defined in the general municipal law, shall become
unnecessary or be abolished for reasons of economy or otherwise, the
honorably discharged veteran or exempt volunteer firefighter holding
such position shall not be discharged from the public service but shall
be transferred to a similar position wherein a vacancy exists, and shall
receive the same compensation therein. It is hereby made the duty of all
persons clothed with the power of appointment to make such transfer
effective. The right to transfer herein conferred shall continue for a
period of one year following the date of abolition of the position, and
may be exercised only where a vacancy exists in an appropriate position
to which transfer may be made at the time of demand for transfer. Where
the positions of more than one such veteran or exempt volunteer fire-
fighter are abolished and a lesser number of vacancies in similar posi-
tions exist to which transfer may be made, the veterans or exempt volun-
teer firefighters whose positions are abolished shall be entitled to
transfer to such vacancies in the order of their original appointment in
the service. Nothing in this section shall be construed to apply to the
position of private secretary, cashier or deputy of any official or
department. This section shall have no application to persons encom-
passed by section eighty-a of this chapter.
§ 5. Section 86 of the civil service law, as amended by section 38 of
part PP of chapter 56 of the laws of 2022, is amended to read as
follows:
§ 86. Transfer of veterans or exempt volunteer firefighters upon abol-
ition of positions. If the position in the non-competitive or in the
labor class held by any honorably discharged veteran of the armed forces
of the United States or by any veteran of the armed forces of the United
States released under honorable circumstances from such service includ-
ing (i) having a qualifying condition as defined in section one of the
veterans' services law, and receiving a discharge other than bad conduct
or dishonorable from such service, or (ii) being a discharged LGBT
veteran, as defined in section one of the veterans' services law, and
receiving a discharge other than bad conduct or dishonorable from such
service, [who served therein in time of war as defined in section eight-
y-five of this chapter,] or by an exempt volunteer firefighter as
defined in the general municipal law, shall become unnecessary or be
abolished for reasons of economy or otherwise, the honorably discharged
veteran or exempt volunteer firefighter holding such position shall not
be discharged from the public service but shall be transferred to a
similar position wherein a vacancy exists, and shall receive the same
compensation therein. It is hereby made the duty of all persons clothed
with the power of appointment to make such transfer effective. The right
to transfer herein conferred shall continue for a period of one year
following the date of abolition of the position, and may be exercised
only where a vacancy exists in an appropriate position to which transfer
may be made at the time of demand for transfer. Where the positions of
more than one such veteran or exempt volunteer firefighter are abolished
and a lesser number of vacancies in similar positions exist to which
transfer may be made, the veterans or exempt volunteer firefighters
whose positions are abolished shall be entitled to transfer to such
S. 5195 4
vacancies in the order of their original appointment in the service.
Nothing in this section shall be construed to apply to the position of
private secretary, cashier or deputy of any official or department. This
section shall have no application to persons encompassed by section
eighty-a of this chapter.
§ 6. Paragraph c of subdivision 1 of section 360 of the education law,
as amended by chapter 490 of the laws of 2019, is amended to read as
follows:
c. Adopt and enforce campus rules and regulations not inconsistent
with the vehicle and traffic law relating to parking, vehicular and
pedestrian traffic, and safety. Such rules and regulations may include
provisions for the disposition of abandoned vehicles, removal by towing
or otherwise of vehicles parked in violation of such rules at the
expense of the owner, the payment of fees for the registration or park-
ing of such vehicles, provided that such campus rules and regulations
may provide that any veteran attending the state university as a student
shall be exempt from any fees for parking or registering a motor vehi-
cle, and the assessment of administrative fines upon the owner or opera-
tor of such vehicles for each violation of the regulations. However, no
such fine may be imposed without a hearing or an opportunity to be heard
conducted by an officer or board designated by the board of trustees.
Such fines, in the case of an officer or employee of state university,
may be deducted from the salary or wages of such officer or employee
found in violation of such regulations, or in the case of a student of
state university found in violation of such regulations, the university
may withhold his grades and transcripts until such time as any fine is
paid. For purposes of this subdivision, the term "veteran" shall mean a
member of the armed forces of the United States who served in such armed
forces [in time of war] and who (i) was honorably discharged or released
under honorable circumstances from such service, or (ii) has a qualify-
ing condition, as defined in section three hundred fifty of the execu-
tive law, and has received a discharge other than bad conduct or
dishonorable from such service, or (iii) is a discharged LGBT veteran,
as defined in section three hundred fifty of the executive law, and has
received a discharge other than bad conduct or dishonorable from such
service.
§ 7. Paragraph c of subdivision 1 of section 360 of the education law,
as amended by section 40 of part PP of chapter 56 of the laws of 2022,
is amended to read as follows:
c. Adopt and enforce campus rules and regulations not inconsistent
with the vehicle and traffic law relating to parking, vehicular and
pedestrian traffic, and safety. Such rules and regulations may include
provisions for the disposition of abandoned vehicles, removal by towing
or otherwise of vehicles parked in violation of such rules at the
expense of the owner, the payment of fees for the registration or park-
ing of such vehicles, provided that such campus rules and regulations
may provide that any veteran attending the state university as a student
shall be exempt from any fees for parking or registering a motor vehi-
cle, and the assessment of administrative fines upon the owner or opera-
tor of such vehicles for each violation of the regulations. However, no
such fine may be imposed without a hearing or an opportunity to be heard
conducted by an officer or board designated by the board of trustees.
Such fines, in the case of an officer or employee of state university,
may be deducted from the salary or wages of such officer or employee
found in violation of such regulations, or in the case of a student of
state university found in violation of such regulations, the university
S. 5195 5
may withhold his or her grades and transcripts until such time as any
fine is paid. For purposes of this subdivision, the term "veteran" shall
mean a member of the armed forces of the United States who served in
such armed forces [in time of war] and who (i) was honorably discharged
or released under honorable circumstances from such service, or (ii) has
a qualifying condition, as defined in section one of the veterans'
services law, and has received a discharge other than bad conduct or
dishonorable from such service, or (iii) is a discharged LGBT veteran,
as defined in section one of the veterans' services law, and has
received a discharge other than bad conduct or dishonorable from such
service.
§ 8. Subdivision 5 of section 605 of the education law, as amended by
chapter 490 of the laws of 2019, is amended to read as follows:
5. Regents scholarships for [war] veterans. Regents scholarships for
[war] veterans shall be awarded on a competitive basis, for study begin-
ning with the college year nineteen hundred seventy-five--nineteen
hundred seventy-six. Six hundred such scholarships shall be awarded in
such year to veterans of the armed forces of the United States who have
served on active duty (other than for training) between October one,
nineteen hundred sixty-one and March twenty-nine, nineteen hundred
seventy-three, and who on the date by which applications are required to
be submitted (a) have been released from such active duty on conditions
not other than honorable, or (b) have a qualifying condition, as defined
in section three hundred fifty of the executive law, and have received a
discharge other than bad conduct or dishonorable from such service, or
(c) are discharged LGBT veterans, as defined in section three hundred
fifty of the executive law, and have received a discharge other than bad
conduct or dishonorable from such service. Such scholarships shall be
allocated to each county in the state in the same ratio that the number
of legal residents in such county, as determined by the most recent
federal census, bears to the total number of residents in the state;
provided, however, that no county shall be allocated fewer scholarships
than such county received during the year nineteen hundred sixty-eight-
-sixty-nine.
§ 9. Subdivision 5 of section 605 of the education law, as amended by
section 42 of part PP of chapter 56 of the laws of 2022, is amended to
read as follows:
5. Regents scholarships for [war] veterans. Regents scholarships for
[war] veterans shall be awarded on a competitive basis, for study begin-
ning with the college year nineteen hundred seventy-five--nineteen
hundred seventy-six. Six hundred such scholarships shall be awarded in
such year to veterans of the armed forces of the United States who have
served on active duty (other than for training) between October one,
nineteen hundred sixty-one and March twenty-nine, nineteen hundred
seventy-three, and who on the date by which applications are required to
be submitted (a) have been released from such active duty on conditions
not other than honorable, or (b) have a qualifying condition, as defined
in section one of the veterans' services law, and have received a
discharge other than bad conduct or dishonorable from such service, or
(c) are discharged LGBT veterans, as defined in section one of the
veterans' services law, and have received a discharge other than bad
conduct or dishonorable from such service. Such scholarships shall be
allocated to each county in the state in the same ratio that the number
of legal residents in such county, as determined by the most recent
federal census, bears to the total number of residents in the state;
provided, however, that no county shall be allocated fewer scholarships
S. 5195 6
than such county received during the year nineteen hundred sixty-eight-
-sixty-nine.
§ 10. The opening paragraph of subdivision 1 of section 668 of the
education law, as amended by chapter 580 of the laws of 1992, is amended
to read as follows:
Period of military service. For a student to be eligible, the parent,
or step-parent where the student is the dependent of the step-parent,
(i) must [have been a recipient of the armed forces expeditionary medal,
the navy expeditionary medal or the marine corps expeditionary medal for
participation in operations in Lebanon from June first, nineteen hundred
eighty-three to December first, nineteen hundred eighty-seven, in Grena-
da from October twenty-third, nineteen hundred eighty-three to November
twenty-first, nineteen hundred eighty-three, or in Panama from December
twentieth, nineteen hundred eighty-nine to January thirty-first, nine-
teen hundred ninety] HAVE BEEN A MEMBER OF THE ARMED FORCES OF THE
UNITED STATES, AND WHO (A) WAS DISCHARGED OR RELEASED THEREFROM UNDER
HONORABLE CONDITIONS, OR (B) HAS A QUALIFYING CONDITION, AS DEFINED IN
SECTION 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, or (ii) must have served on regular active duty (other
than for training) in the armed forces of the United States during part
of one of the following periods:
§ 11. Paragraph d of subdivision 1 and paragraph a of subdivision 2 of
section 669-a of the education law, paragraph d of subdivision 1 as
amended by chapter 490 of the laws of 2019 and paragraph a of subdivi-
sion 2 as amended by section 3 of part N of chapter 57 of the laws of
2008, are amended to read as follows:
d. "Other eligible [combat] veteran" means: an individual who (i) is a
resident of this state, (ii) served in the armed forces of the United
States [in hostilities that occurred after February twenty-eighth, nine-
teen hundred sixty-one, as evidenced by their receipt of an Armed Forces
Expeditionary Medal, Navy Expeditionary Medal, or Marine Corps Expedi-
tionary Medal], and (iii) was either discharged under honorable condi-
tions, including but not limited to honorable discharge, discharge under
honorable conditions, or general discharge, or has a qualifying condi-
tion, as defined in section three hundred fifty of the executive law,
and has received a discharge other than bad conduct or dishonorable from
such service, or is a discharged LGBT veteran, as defined in section
three hundred fifty of the executive law, and has received a discharge
other than bad conduct or dishonorable from such service.
a. Tuition awards are available for all Vietnam, Persian Gulf, Afghan-
istan and other eligible [combat] veterans, as defined in subdivision
one of this section, who are enrolled, pursuant to paragraph a of subdi-
vision four of section six hundred sixty-one of this part, in approved
undergraduate or graduate programs at degree granting institutions or
enrolled in approved vocational training programs and who apply for a
tuition assistance program award pursuant to section six hundred sixty-
seven of this subpart.
§ 12. Paragraph d of subdivision 1 of section 669-a of the education
law, as amended by section 46 of part PP of chapter 56 of the laws of
2022, is amended to read as follows:
d. "Other eligible [combat] veteran" means: an individual who (i) is a
resident of this state, (ii) served in the armed forces of the United
States [in hostilities that occurred after February twenty-eighth, nine-
teen hundred sixty-one, as evidenced by their receipt of an Armed Forces
S. 5195 7
Expeditionary Medal, Navy Expeditionary Medal, or Marine Corps Expedi-
tionary Medal], and (iii) was either discharged under honorable condi-
tions, including but not limited to honorable discharge, discharge under
honorable conditions, or general discharge, or has a qualifying condi-
tion, as defined in section one of the veterans' services law, and has
received a discharge other than bad conduct or dishonorable from such
service, or is a discharged LGBT veteran, as defined in section one of
the veterans' services law, and has received a discharge other than bad
conduct or dishonorable from such service.
§ 13. Subdivision 3 of section 350 of the executive law is amended to
read as follows:
3. The term "veteran" means a person, male or female, resident of this
state, who has served in the active military or naval service of the
United States [during a war in which the United States engaged] and who
has been released from such service otherwise than by dishonorable
discharge, or who has been furloughed to the reserve.
§ 14. Subdivision 1 of section 356 of the executive law is amended to
read as follows:
1. A state veterans' service agency established by the division pursu-
ant to this article shall have power and it shall be its duty to inform
military and naval authorities of the United States and assist members
of the armed forces and veterans, who are residents of this state, and
their families, in relation to (1) matters pertaining to educational
training and retraining services and facilities, (2) health, medical and
rehabilitation services and facilities, (3) provisions of federal, state
and local laws and regulations affording special rights and privileges
to members of the armed forces and [war] veterans and their families,
(4) employment and re-employment services, and (5) other matters of
similar, related or appropriate nature. The state veterans' service
agency also shall perform such other duties as may be assigned by the
state director.
§ 15. Subdivision 1 of section 13 of the veterans' services law is
amended to read as follows:
1. A state veterans' service agency established by the department
pursuant to this article shall have power and it shall be its duty to
inform military and naval authorities of the United States and assist
members of the uniformed services and veterans, who are residents of
this state, and their families, in relation to (1) matters pertaining to
educational training and retraining services and facilities, (2) health,
medical and rehabilitation services and facilities, (3) provisions of
federal, state and local laws and regulations affording special rights
and privileges to members of the uniformed services and [war] veterans
and their families, (4) employment and re-employment services, and (5)
other matters of similar, related or appropriate nature. The state
veterans' service agency also shall perform such other duties as may be
assigned by the state commissioner.
§ 16. Subdivision 1 of section 358 of the executive law, as amended by
chapter 482 of the laws of 2019, is amended to read as follows:
1. A local veterans' service agency shall have power under the direc-
tion of the state veterans' service agency, and it shall be its duty to
inform military and naval authorities of the United States and assist
members of the armed forces and veterans, who are residents of this
state, and their families, in relation to (1) matters pertaining to
educational training and retraining services and facilities, (2) health,
medical and rehabilitation services and facilities, (3) provisions of
federal, state and local laws and regulations affording special rights
S. 5195 8
and privileges to members of the armed forces and [war] veterans and
their families, (4) employment and re-employment services, (5) the proc-
ess of submitting an application for a discharge upgrade to the
discharge upgrade advisory board, and (6) other matters of similar,
related or appropriate nature. The local veterans' service agency may
also assist families of members of the reserve components of the armed
forces and the organized militia ordered into active duty to ensure that
they are made aware of and are receiving all appropriate support avail-
able to them and are placed in contact with the agencies responsible for
such support, including, but not limited to, the division of military
and naval affairs and other state agencies responsible for providing
such support. The local veterans' service agency also shall perform such
other duties as may be assigned by the state director.
§ 17. Subdivision 1 of section 15 of the veterans' services law is
amended to read as follows:
1. A local veterans' service agency shall have power under the direc-
tion of the state veterans' service agency, and it shall be its duty to
inform military and naval authorities of the United States and assist
members of the uniformed services and veterans, who are residents of
this state, and their families, in relation to (1) matters pertaining to
educational training and retraining services and facilities, (2) health,
medical and rehabilitation services and facilities, (3) provisions of
federal, state and local laws and regulations affording special rights
and privileges to members of the uniformed services and [war] veterans
and their families, (4) employment and re-employment services, (5) the
process of submitting an application for a discharge upgrade to the
discharge upgrade advisory board, and (6) other matters of similar,
related or appropriate nature. The local veterans' service agency may
also assist families of members of the reserve components of the
uniformed services and the organized militia ordered into active duty to
ensure that they are made aware of and are receiving all appropriate
support available to them and are placed in contact with the agencies
responsible for such support, including, but not limited to, the divi-
sion of military and naval affairs and other state agencies responsible
for providing such support. The local veterans' service agency also
shall perform such other duties as may be assigned by the state commis-
sioner.
§ 18. Subdivision 1 of section 364 of the executive law, as added by
chapter 424 of the laws of 1961, paragraph a as amended by chapter 490
of the laws of 2019, clause 7 of subparagraph (v) of paragraph a as
amended by chapter 606 of the laws of 2021, and paragraph c as added by
chapter 751 of the laws of 1985, is amended to read as follows:
1. a. The word "veteran," as used in this article shall be taken to
mean and include any person who is a resident of the state of New York,
and who (i) has been or may be given an honorable, general or ordinary
discharge or any other form of release from such service, except a
dishonorable discharge, a bad conduct discharge, an undesirable
discharge, a discharge without honor or a discharge for the good of the
service, or (ii) has a qualifying condition, as defined in section three
hundred fifty of this article, and has received a discharge other than
bad conduct or dishonorable from such service, or (iii) is a discharged
LGBT veteran, as defined in section three hundred fifty of this article,
and has received a discharge other than bad conduct or dishonorable from
such service[, and who (iv) was a recipient of the armed forces expedi-
tionary medal, the navy expeditionary medal or the marine corps expedi-
tionary medal for participation in operations in Lebanon from June
S. 5195 9
first, nineteen hundred eighty-three to December first, nineteen hundred
eighty-seven, in Grenada from October twenty-third, nineteen hundred
eighty-three to November twenty-first, nineteen hundred eighty-three, or
in Panama from December twentieth, nineteen hundred eighty-nine to Janu-
ary thirty-first, nineteen hundred ninety, or (v) served on active duty
for ninety days or more in the armed forces of the United States during
any one of the following wars or hostilities:
(1) in the Spanish-American war from the twenty-first day of April,
eighteen hundred ninety-eight to the eleventh day of April, eighteen
hundred ninety-nine, inclusive;
(2) in the Philippine insurrection or the China relief expedition from
the eleventh day of April, eighteen hundred ninety-nine to the fourth
day of July, nineteen hundred two, inclusive;
(3) in the Mexican border campaign from the ninth day of May, nineteen
hundred sixteen, to the fifth day of April, nineteen hundred seventeen,
inclusive;
(4) in world war I from the sixth day of April, nineteen hundred
seventeen to the eleventh day of November, nineteen hundred eighteen,
inclusive;
(5) in world war II from the seventh day of December, nineteen hundred
forty-one to the thirty-first day of December, nineteen hundred forty-
six, inclusive, or who was employed by the War Shipping Administration
or Office of Defense Transportation or their agents as a merchant seaman
documented by the United States Coast Guard or Department of Commerce,
or as a civil servant employed by the United States Army Transport
Service (later redesignated as the United States Army Transportation
Corps, Water Division) or the Naval Transportation Service; and who
served satisfactorily as a crew member during the period of armed
conflict, December seventh, nineteen hundred forty-one, to August
fifteenth, nineteen hundred forty-five, aboard merchant vessels in
oceangoing, i.e., foreign, intercoastal, or coastwise service as such
terms are defined under federal law (46 USCA 10301 & 10501) and further
to include "near foreign" voyages between the United States and Canada,
Mexico, or the West Indies via ocean routes, or public vessels in ocean-
going service or foreign waters and who has received a Certificate of
Release or Discharge from Active Duty and a discharge certificate, or an
Honorable Service Certificate/Report of Casualty, from the Department of
Defense, or who served as a United States civilian employed by the Amer-
ican Field Service and served overseas under United States Armies and
United States Army Groups in world war II during the period of armed
conflict, December seventh, nineteen hundred forty-one through May
eighth, nineteen hundred forty-five, and who (i) was discharged or
released therefrom under honorable conditions, or (ii) has a qualifying
condition, as defined in section three hundred fifty of this article,
and has received a discharge other than bad conduct or dishonorable from
such service, or (iii) is a discharged LGBT veteran, as defined in
section three hundred fifty of this article, and has received a
discharge other than bad conduct or dishonorable from such service, or
who served as a United States civilian Flight Crew and Aviation Ground
Support Employee of Pan American World Airways or one of its subsid-
iaries or its affiliates and served overseas as a result of Pan Ameri-
can's contract with Air Transport Command or Naval Air Transport Service
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
S. 5195 10
three hundred fifty of this article, and has received a discharge other
than bad conduct or dishonorable from such service, or (vi) is a
discharged LGBT veteran, as defined in section three hundred fifty of
this article, and has received a discharge other than bad conduct or
dishonorable from such service;
(6) in the Korean hostilities from the twenty-seventh day of June,
nineteen hundred fifty to the thirty-first day of January, nineteen
hundred fifty-five, inclusive;
(7) in the Vietnam conflict from the first day of November, nineteen
hundred fifty-five to the seventh day of May, nineteen hundred seventy-
five;
(8) in the Persian Gulf conflict from the second day of August, nine-
teen hundred ninety to the end of such conflict].
b. The word "veteran" shall also mean any person who meets the other
requirements of paragraph a of this subdivision, who served on active
duty for less than ninety days, if he or she was discharged or released
from such service for a service-connected disability [or who served for
a period of ninety consecutive days or more and such period began or
ended during any war or period of hostilities as defined in paragraph a
of this subdivision].
c. The term "active duty" as used in this article shall mean full time
duty in the armed forces, other than active duty for training; provided,
however, that "active duty" shall also include any period of active duty
for training during which the individual concerned was disabled or died
from a disease or injury incurred or aggravated during such period.
§ 19. Subdivision 1 of section 23 of the veterans' services law is
amended to read as follows:
1. a. The word "veteran" means a veteran as defined in section one of
this article who is a resident, and who (i) has been or may be released
from such service under other than dishonorable conditions, or (ii) has
a qualifying condition, as defined in section one of this article, and
has received a discharge other than bad conduct or dishonorable from
such service, or (iii) is a discharged LGBT veteran, as defined in
section one of this article, and has received a discharge other than bad
conduct or dishonorable from such service[, and who (iv) was a recipient
of the armed forces expeditionary medal, the navy expeditionary medal or
the marine corps expeditionary medal for participation in operations in
Lebanon from June first, nineteen hundred eighty-three to December
first, nineteen hundred eighty-seven, in Grenada from October twenty-
third, nineteen hundred eighty-three to November twenty-first, nineteen
hundred eighty-three, or in Panama from December twentieth, nineteen
hundred eighty-nine to January thirty-first, nineteen hundred ninety, or
(v) served on active duty for ninety days or more in the uniformed
services of the United States during any one of the following wars or
hostilities:
(1) in the Spanish-American war from the twenty-first day of April,
eighteen hundred ninety-eight to the eleventh day of April, eighteen
hundred ninety-nine, inclusive;
(2) in the Philippine insurrection or the China relief expedition from
the eleventh day of April, eighteen hundred ninety-nine to the fourth
day of July, nineteen hundred two, inclusive;
(3) in the Mexican border campaign from the ninth day of May, nineteen
hundred sixteen, to the fifth day of April, nineteen hundred seventeen,
inclusive;
S. 5195 11
(4) in World War I from the sixth day of April, nineteen hundred
seventeen to the eleventh day of November, nineteen hundred eighteen,
inclusive;
(5) in World War II from the seventh day of December, nineteen hundred
forty-one to the thirty-first day of December, nineteen hundred forty-
six, inclusive, or who was employed by the War Shipping Administration
or Office of Defense Transportation or their agents as a merchant seaman
documented by the United States Coast Guard or Department of Commerce,
or as a civil servant employed by the United States Army Transport
Service (later redesignated as the United States Army Transportation
Corps, Water Division) or the Naval Transportation Service; and who
served satisfactorily as a crew member during the period of armed
conflict, December seventh, nineteen hundred forty-one, to August
fifteenth, nineteen hundred forty-five, aboard merchant vessels in
oceangoing, i.e., foreign, intercoastal, or coastwise service as such
terms are defined under federal law (46 USCA 10301 & 10501) and further
to include "near foreign" voyages between the United States and Canada,
Mexico, or the West Indies via ocean routes, or public vessels in ocean-
going service or foreign waters and who has received a Certificate of
Release or Discharge from Active Duty and a discharge certificate, or an
Honorable Service Certificate/Report of Casualty, from the Department of
Defense, or who served as a United States civilian employed by the Amer-
ican Field Service and served overseas under United States Armies and
United States Army Groups in World War II during the period of armed
conflict, December seventh, nineteen hundred forty-one through May
eighth, nineteen hundred forty-five, and who (i) was discharged or
released therefrom under honorable conditions, or (ii) has a qualifying
condition, as defined in section one of this article, and has received a
discharge other than bad conduct or dishonorable from such service, or
(iii) is a discharged LGBT veteran, as defined in section one of this
article, and has received a discharge other than bad conduct or
dishonorable from such service, or who served as a United States civil-
ian Flight Crew and Aviation Ground Support Employee of Pan American
World Airways or one of its subsidiaries or its affiliates and served
overseas as a result of Pan American's contract with Air Transport
Command or Naval Air Transport Service during the period of armed
conflict, December fourteenth, nineteen hundred forty-one through August
fourteenth, nineteen hundred forty-five, and who (iv) was discharged or
released therefrom under honorable conditions, or (v) has a qualifying
condition, as defined in section one of this article, and has received a
discharge other than bad conduct or dishonorable from such service, or
(vi) is a discharged LGBT veteran, as defined in section one of this
article, and has received a discharge other than bad conduct or
dishonorable from such service;
(6) in the Korean hostilities from the twenty-seventh day of June,
nineteen hundred fifty to the thirty-first day of January, nineteen
hundred fifty-five, inclusive;
(7) in the Vietnam conflict from the first day of November, nineteen
hundred fifty-five to the seventh day of May, nineteen hundred seventy-
five;
(8) in the Persian Gulf conflict from the second day of August, nine-
teen hundred ninety to the end of such conflict].
b. The word "veteran" shall also mean any person who meets the other
requirements of paragraph a of this subdivision, who served on active
duty for less than ninety days, if he or she was discharged or released
from such service for a service-connected disability [or who served for
S. 5195 12
a period of ninety consecutive days or more and such period began or
ended during any war or period of hostilities as defined in paragraph a
of this subdivision].
c. The term "active duty" as used in this article shall mean full time
duty in the uniformed services, other than active duty for training;
provided, however, that "active duty" shall also include any period of
active duty for training during which the individual concerned was disa-
bled or died from a disease or injury incurred or aggravated during such
period.
§ 20. Paragraph b of subdivision 1 of section 366 of the executive
law, as added by chapter 743 of the laws of 2006, is amended to read as
follows:
b. "Veteran" means a person, male or female, resident of this state,
who has served in the active military, naval or air service of the
United States [during a time of war in which the United States engaged]
and who has been released from such service otherwise than by dishonor-
able discharge, or who has been furloughed to the reserve;
§ 21. Subdivisions 1 and 2 of section 32 of the general business law,
as amended by chapter 490 of the laws of 2019, are amended to read as
follows:
1. Every member of the armed forces of the United States who (a) was
honorably discharged from such service, or (b) has a qualifying condi-
tion, as defined in section three hundred fifty of the executive law,
and has received a discharge other than bad conduct or dishonorable from
such service, or (c) is a discharged LGBT veteran, as defined in section
three hundred fifty of the executive law, and has received a discharge
other than bad conduct or dishonorable from such service, and who is a
resident of this state and a veteran [of any war, or who shall have
served in the armed forces of the United States overseas], and the
surviving spouse of any such veteran, if a resident of the state, shall
have the right to hawk, peddle, vend and sell goods, wares or merchan-
dise or solicit trade upon the streets and highways within the county of
his or her residence, as the case may be, or if such county is embraced
wholly by a city, within such city, by procuring a license for that
purpose to be issued as herein provided. No part of the lands or prem-
ises under the jurisdiction of the division of the state fair in the
department of agriculture and markets, shall be deemed a street or high-
way within the meaning of this section.
2. Any such former member of the armed forces of the United States may
present to the clerk of any county in which he has resided for a period
of at least six months, his original certificate of release or discharge
from active duty, or a copy thereof duly certified by the recording
officer or a certificate in lieu of lost discharge issued by a depart-
ment of the armed forces of the United States which shall show that the
person presenting it is a veteran [of any war, or that he has served
overseas in the armed forces of the United States]. He shall also fill
out a blank which shall when filled out state his name, residence at the
time of application, nature of goods to be sold, and if the applicant is
working on commission or percentage for any person, firm or corporation,
the name and business address of such person, firm or corporation. This
statement shall be signed by the applicant in the presence of the county
clerk, or a deputy designated by him, and the name on this application
and on the original certificate of release or discharge from active duty
shall be compared by the county clerk to ascertain if the person so
applying is the same person named in the original certificate of release
or discharge from active duty. Such county clerk when so satisfied shall
S. 5195 13
issue, without cost, to such former member of the armed forces of the
United States, a license certifying him to be entitled to the benefits
of this section.
§ 22. Subdivision 1 of section 32 of the general business law, as
amended by section 55 of part PP of chapter 56 of the laws of 2022, is
amended to read as follows:
1. Every member of the armed forces of the United States who (a) was
honorably discharged from such service, or (b) has a qualifying condi-
tion, as defined in section one of the veterans' services law, and has
received a discharge other than bad conduct or dishonorable from such
service, or (c) is a discharged LGBT veteran, as defined in section one
of the veterans' services law, and has received a discharge other than
bad conduct or dishonorable from such service, and who is a resident of
this state and a veteran [of any war, or who shall have served in the
armed forces of the United States overseas], and the surviving spouse of
any such veteran, if a resident of the state, shall have the right to
hawk, peddle, vend and sell goods, wares or merchandise or solicit trade
upon the streets and highways within the county of his or her residence,
as the case may be, or if such county is embraced wholly by a city,
within such city, by procuring a license for that purpose to be issued
as herein provided. No part of the lands or premises under the jurisdic-
tion of the division of the state fair in the department of agriculture
and markets, shall be deemed a street or highway within the meaning of
this section.
§ 23. Subdivision 2 of section 238 of the military law, as amended by
chapter 490 of the laws of 2019, is amended to read as follows:
2. Any person, except members of the armed forces of the United
States, members of the organized militia of this or any other state,
personnel of the independent military organizations designated in
section two hundred forty of this article, members of associations whol-
ly composed of persons who (a) were honorably discharged from the armed
forces of the United States, or (b) have a qualifying condition, as
defined in section [three hundred fifty of the executive law] ONE OF THE
VETERANS' SERVICES LAW, and have received a discharge other than bad
conduct or dishonorable from the armed forces of the United States, or
(c) are discharged LGBT veterans, as defined in section [three hundred
fifty of the executive law] ONE OF THE VETERANS' SERVICES LAW, and have
received a discharge other than bad conduct or dishonorable from the
armed forces of the United States, and members of associations wholly
composed of sons of veterans [of any war of the United States], who
shall wear any uniform or any device, strap, knot or insignia of any
design or character used as a designation of grade, rank or office, such
as are by law or by regulation, duly promulgated, prescribed for the use
of the organized militia or similar thereto; or,
§ 24. Section 245 of the military law, as amended by chapter 490 of
the laws of 2019, is amended to read as follows:
§ 245. Retirement allowances of certain [war] veterans. Any member of
a teachers' retirement system to which the city of New York is required
by law to make contributions on account of such member who (i) is an
honorably discharged member of any branch of the armed forces of the
United States, or (ii) has a qualifying condition, as defined in section
three hundred fifty of the executive law, and has received a discharge
other than bad conduct or dishonorable, or (iii) is a discharged LGBT
veteran, as defined in section three hundred fifty of the executive law,
and has received a discharge other than bad conduct or dishonorable,
[having served as such during the time of war] and who has attained the
S. 5195 14
age of fifty years, may retire upon his own request upon written appli-
cation to the board setting forth at what time not less than thirty days
subsequent to the execution and filing thereof he desires to be retired,
provided that such member at the time so specified for his retirement
shall have completed at least twenty-five years of allowable service.
Upon retirement such member shall receive an annuity of equivalent actu-
arial value to his accumulated deductions, and, in addition, a pension
beginning immediately, having a value equal to the present value of the
pension that would have become payable had he continued at his current
salary to the age at which he would have first become eligible for
service retirement, provided, however, that the said member on making
application for retirement shall pay into the retirement fund a sum of
money which calculated on an actuarial basis, together with his prior
contributions and other accumulations in said fund then to his credit,
shall be sufficient to entitle the said member to the same annuity and
pension that he would have received had he remained in the service of
the city until he had attained the age at which he otherwise would have
first become eligible for service retirement.
Notwithstanding any other provision of this section or of any general,
special or local law or code to the contrary, a member of any such
teachers' retirement system who (i) is separated or discharged under
honorable conditions from any branch of the armed forces of the United
States, or (ii) has a qualifying condition, as defined in section three
hundred fifty of the executive law, and has received a discharge other
than bad conduct or dishonorable, or (iii) is a discharged LGBT veteran,
as defined in section three hundred fifty of the executive law, and has
received a discharge other than bad conduct or dishonorable, [having
served as such during the time of war] and who has attained the age of
fifty years, may retire upon his own request upon written application to
the board setting forth at what time, not less than thirty days subse-
quent to the execution and filing thereof, he desires to be retired,
provided that such member at that time so specified for his retirement
shall have completed at least twenty-five years of allowable service.
Upon reaching his previously selected minimum retirement age, such
member shall receive an annuity of equivalent actuarial value, at that
time, to his accumulated deductions, and, in addition, a pension based
upon his credited years of allowable service, plus the pension-for-in-
creased-take-home-pay, if any. Should such member die before reaching
his retirement age, then any beneficiary under a selected option shall
be eligible for benefits under such option at the date upon which the
member would have reached his selected retirement age.
§ 25. Section 245 of the military law, as amended by section 72 of
part PP of chapter 56 of the laws of 2022, is amended to read as
follows:
§ 245. Retirement allowances of certain [war] veterans. 1. Any member
of a teachers' retirement system to which the city of New York is
required by law to make contributions on account of such member who (i)
is an honorably discharged member of any branch of the armed forces of
the United States, or (ii) has a qualifying condition, as defined in
section one of the veterans' services law, and has received a discharge
other than bad conduct or dishonorable, or (iii) is a discharged LGBT
veteran, as defined in section one of the veterans' services law, and
has received a discharge other than bad conduct or dishonorable, [having
served as such during the time of war] and who has attained the age of
fifty years, may retire upon his or her own request upon written appli-
cation to the board setting forth at what time not less than thirty days
S. 5195 15
subsequent to the execution and filing thereof he or she desires to be
retired, provided that such member at the time so specified for his or
her retirement shall have completed at least twenty-five years of allow-
able service. Upon retirement such member shall receive an annuity of
equivalent actuarial value to his or her accumulated deductions, and, in
addition, a pension beginning immediately, having a value equal to the
present value of the pension that would have become payable had he or
she continued at his or her current salary to the age at which he or she
would have first become eligible for service retirement, provided,
however, that the said member on making application for retirement shall
pay into the retirement fund a sum of money which calculated on an actu-
arial basis, together with his or her prior contributions and other
accumulations in said fund then to his or her credit, shall be suffi-
cient to entitle the said member to the same annuity and pension that he
or she would have received had he or she remained in the service of the
city until he or she had attained the age at which he or she otherwise
would have first become eligible for service retirement.
2. Notwithstanding any other provision of this section or of any
general, special or local law or code to the contrary, a member of any
such teachers' retirement system who (i) is separated or discharged
under honorable conditions from any branch of the armed forces of the
United States, or (ii) has a qualifying condition, as defined in section
one of the veterans' services law, and has received a discharge other
than bad conduct or dishonorable, or (iii) is a discharged LGBT veteran,
as defined in section one of the veterans' services law, and has
received a discharge other than bad conduct or dishonorable, [having
served as such during the time of war] and who has attained the age of
fifty years, may retire upon his or her own request upon written appli-
cation to the board setting forth at what time, not less than thirty
days subsequent to the execution and filing thereof, he or she desires
to be retired, provided that such member at that time so specified for
his or her retirement shall have completed at least twenty-five years of
allowable service. Upon reaching his or her previously selected minimum
retirement age, such member shall receive an annuity of equivalent actu-
arial value, at that time, to his or her accumulated deductions, and, in
addition, a pension based upon his or her credited years of allowable
service, plus the pension-for-increased-take-home-pay, if any. Should
such member die before reaching his or her retirement age, then any
beneficiary under a selected option shall be eligible for benefits under
such option at the date upon which the member would have reached his or
her selected retirement age.
§ 26. Section 246 of the military law, as amended by chapter 43 of the
laws of 1967, is amended to read as follows:
§ 246. Leave of absence for public employees who are [war] veterans to
continue study. Notwithstanding the provisions of any law to the
contrary, every public officer and employee, who served in the armed
forces of the United States [on or after September sixteenth, nineteen
hundred forty, and prior to the termination of hostilities in world war
II, or during the period of hostilities engaged in by the armed forces
of the United States on and after June twenty-fifth, nineteen hundred
fifty, or who served in the armed forces of the United States after
January thirty-first, nineteen hundred fifty-five, and] who is eligible
under the provisions enacted by the congress of the United States known
as "Servicemen's Readjustment Act of nineteen hundred forty-four," or
"Veterans' Readjustment Assistance Act of nineteen hundred fifty-two,"
or "Veterans' Readjustment Benefits Act of nineteen hundred sixty-six,"
S. 5195 16
to continue the pursuit of studies or to take a refresher or retraining
course shall be granted a leave of absence from his position for the
period of such course of study, not to exceed four years. Such public
officer or employee shall be reinstated to his position provided he
makes application for such reinstatement within sixty days after the
termination of such course of study.
§ 27. Section 13.19 of the parks, recreation and historic preservation
law, as amended by chapter 649 of the laws of 1977, is amended to read
as follows:
§ 13.19 Free use of campsites. Notwithstanding the provisions of any
other law, any person who is blind, non-ambulatory, or an amputee or any
veteran [of the wars of the United States], who has at any time been
awarded by the federal government an allowance towards the purchase of
an automobile or is eligible for such an award shall be permitted to use
any of the public campsites, parks and other public places of recreation
in this state, upon the same terms and conditions as apply to the gener-
al public, but without the payment of any fees or other charges for the
use of such campsites, parks and other public places of recreation.
§ 28. Paragraph (e) of subdivision 1 of section 458-a of the real
property tax law, as amended by chapter 490 of the laws of 2019, is
amended to read as follows:
(e) "Veteran" means a person (i) who served in the active military,
naval, or air service [during a period of war, or who was a recipient of
the armed forces expeditionary medal, navy expeditionary medal, marine
corps expeditionary medal, or global war on terrorism expeditionary
medal,] and who (1) was discharged or released therefrom under honorable
conditions, or (2) has a qualifying condition, as defined in section
three hundred fifty of the executive law, and has received a discharge
other than bad conduct or dishonorable from such service, or (3) is a
discharged LGBT veteran, as defined in section three hundred fifty of
the executive law, and has received a discharge other than bad conduct
or dishonorable from such service, (ii) who was employed by the War
Shipping Administration or Office of Defense Transportation or their
agents as a merchant seaman documented by the United States Coast Guard
or Department of Commerce, or as a civil servant employed by the United
States Army Transport Service (later redesignated as the United States
Army Transportation Corps, Water Division) or the Naval Transportation
Service; and who served satisfactorily as a crew member during the peri-
od of armed conflict, December seventh, nineteen hundred forty-one, to
August fifteenth, nineteen hundred forty-five, aboard merchant vessels
in oceangoing, i.e., foreign, intercoastal, or coastwise service as such
terms are defined under federal law (46 USCA 10301 & 10501) and further
to include "near foreign" voyages between the United States and Canada,
Mexico, or the West Indies via ocean routes, or public vessels in ocean-
going service or foreign waters and who has received a Certificate of
Release or Discharge from Active Duty and a discharge certificate, or an
Honorable Service Certificate/Report of Casualty, from the department of
defense, (iii) who served as a United States civilian employed by the
American Field Service and served overseas under United States Armies
and United States Army Groups in world war II during the period of armed
conflict, December seventh, nineteen hundred forty-one through May
eighth, nineteen hundred forty-five, and who (1) was discharged or
released therefrom under honorable conditions, or (2) has a qualifying
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
S. 5195 17
section three hundred fifty of the executive law, and has received a
discharge other than bad conduct or dishonorable from such service, (iv)
who served as a United States civilian Flight Crew and Aviation Ground
Support Employee of Pan American World Airways or one of its subsid-
iaries or its affiliates and served overseas as a result of Pan Ameri-
can's contract with Air Transport Command or Naval Air Transport Service
during the period of armed conflict, December fourteenth, nineteen
hundred forty-one through August fourteenth, nineteen hundred forty-
five, and who (1) was discharged or released therefrom under honorable
conditions, or (2) has a qualifying condition, as defined in section
three hundred fifty of the executive law, and has received a discharge
other than bad conduct or dishonorable from such service, or (3) is a
discharged LGBT veteran, as defined in section three hundred fifty of
the executive law, and has received a discharge other than bad conduct
or dishonorable from such service, or (v) notwithstanding any other
provision of law to the contrary, who are members of the reserve compo-
nents of the armed forces of the United States who (1) received an
honorable discharge or release therefrom under honorable conditions, or
(2) has a qualifying condition, as defined in section three hundred
fifty of the executive law, and has received a discharge other than bad
conduct or dishonorable from such service, or (3) is a discharged LGBT
veteran, as defined in section three hundred fifty of the executive law,
and has received a discharge other than bad conduct or dishonorable from
such service, but are still members of the reserve components of the
armed forces of the United States provided that such members meet all
other qualifications under the provisions of this section.
§ 29. Paragraph (e) of subdivision 1 of section 458-a of the real
property tax law, as amended by section 83 of part PP of chapter 56 of
the laws of 2022, is amended to read as follows:
(e) "Veteran" means a person (i) who served in the active military,
naval, or air service [during a period of war, or who was a recipient of
the armed forces expeditionary medal, navy expeditionary medal, marine
corps expeditionary medal, or global war on terrorism expeditionary
medal,] and who (1) was discharged or released therefrom under honorable
conditions, or (2) has a qualifying condition, as defined in section one
of the veterans' services law, and has received a discharge other than
bad conduct or dishonorable from such service, or (3) is a discharged
LGBT veteran, as defined in section one of the veterans' services law,
and has received a discharge other than bad conduct or dishonorable from
such service, (ii) who was employed by the War Shipping Administration
or Office of Defense Transportation or their agents as a merchant seaman
documented by the United States Coast Guard or Department of Commerce,
or as a civil servant employed by the United States Army Transport
Service (later redesignated as the United States Army Transportation
Corps, Water Division) or the Naval Transportation Service; and who
served satisfactorily as a crew member during the period of armed
conflict, December seventh, nineteen hundred forty-one, to August
fifteenth, nineteen hundred forty-five, aboard merchant vessels in
oceangoing, i.e., foreign, intercoastal, or coastwise service as such
terms are defined under federal law (46 USCA 10301 & 10501) and further
to include "near foreign" voyages between the United States and Canada,
Mexico, or the West Indies via ocean routes, or public vessels in ocean-
going service or foreign waters and who has received a Certificate of
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
S. 5195 18
American Field Service and served overseas under United States Armies
and United States Army Groups in world war II during the period of armed
conflict, December seventh, nineteen hundred forty-one through May
eighth, nineteen hundred forty-five, and who (1) was discharged or
released therefrom under honorable conditions, or (2) has a qualifying
condition, as defined in section one of the veterans' services law, and
has received a discharge other than bad conduct or dishonorable from
such service, or (3) is a discharged LGBT veteran, as defined in section
one of the veterans' services law, and has received a discharge other
than bad conduct or dishonorable from such service, (iv) who served as a
United States civilian Flight Crew and Aviation Ground Support Employee
of Pan American World Airways or one of its subsidiaries or its affil-
iates and served overseas as a result of Pan American's contract with
Air Transport Command or Naval Air Transport Service during the period
of armed conflict, December fourteenth, nineteen hundred forty-one
through August fourteenth, nineteen hundred forty-five, and who (1) was
discharged or released therefrom under honorable conditions, or (2) has
a qualifying condition, as defined in section one of the veterans'
services law, and has received a discharge other than bad conduct or
dishonorable from such service, or (3) is a discharged LGBT veteran, as
defined in section one of the veterans' services law, and has received a
discharge other than bad conduct or dishonorable from such service, or
(v) notwithstanding any other provision of law to the contrary, who are
members of the reserve components of the armed forces of the United
States who (1) received an honorable discharge or release therefrom
under honorable conditions, or (2) has a qualifying condition, as
defined in section one of the veterans' services law, and has received a
discharge other than bad conduct or dishonorable from such service, or
(3) is a discharged LGBT veteran, as defined in section one of the
veterans' services law, and has received a discharge other than bad
conduct or dishonorable from such service, but are still members of the
reserve components of the armed forces of the United States provided
that such members meet all other qualifications under the provisions of
this section.
§ 30. Subdivision 1 of section 168 of the social services law, as
amended by chapter 490 of the laws of 2019, is amended to read as
follows:
1. Veteran means a person, male or female, who has served in the armed
forces of the United States [in time of war], or who was a recipient of
the armed forces expeditionary medal, navy expeditionary medal or marine
corps expeditionary medal for participation in operations in Lebanon
from June first, nineteen hundred eighty-three to December first, nine-
teen hundred eighty-seven, in Grenada from October twenty-third, nine-
teen hundred eighty-three to November twenty-first, nineteen hundred
eighty-three, or in Panama from December twentieth, nineteen hundred
eighty-nine to January thirty-first, nineteen hundred ninety, and who
(1) has been honorably discharged or released under honorable circum-
stances from such service or furloughed to the reserve, or (2) has a
qualifying condition, as defined in section three hundred fifty of the
executive law, and has received a discharge other than bad conduct or
dishonorable from such service, or (3) is a discharged LGBT veteran, as
defined in section three hundred fifty of the executive law, and has
received a discharge other than bad conduct or dishonorable from such
service.
S. 5195 19
§ 31. Subdivision 1 of section 168 of the social services law, as
amended by section 86 of part PP of chapter 56 of the laws of 2022, is
amended to read as follows:
1. Veteran means a person, male or female, who has served in the armed
forces of the United States [in time of war], or who was a recipient of
the armed forces expeditionary medal, navy expeditionary medal or marine
corps expeditionary medal for participation in operations in Lebanon
from June first, nineteen hundred eighty-three to December first, nine-
teen hundred eighty-seven, in Grenada from October twenty-third, nine-
teen hundred eighty-three to November twenty-first, nineteen hundred
eighty-three, or in Panama from December twentieth, nineteen hundred
eighty-nine to January thirty-first, nineteen hundred ninety, and who
(1) has been honorably discharged or released under honorable circum-
stances from such service or furloughed to the reserve, or (2) has a
qualifying condition, as defined in section one of the veterans'
services law, and has received a discharge other than bad conduct or
dishonorable from such service, or (3) is a discharged LGBT veteran, as
defined in section one of the veterans' services law, and has received a
discharge other than bad conduct or dishonorable from such service.
§ 32. Subdivision 3 of section 404-a of the vehicle and traffic law,
as added by chapter 601 of the laws of 1987, is amended to read as
follows:
3. Registration of vehicles owned by severely disabled veterans. The
commissioner shall assign to such motor vehicles, including any vans or
pick-up trucks used for transporting handicapped veterans which are not
used for commercial purposes and which are owned by such veterans or a
not-for-profit corporation serving such veterans, a distinctive number
and issue and deliver in such manner as the commissioner may prescribe
to the owner a certification of registration, in such form as the
commissioner shall prescribe and two number plates, called disabled
veteran plates. Said severely disabled veteran plates shall conform to
the requirements of section four hundred one of this [chapter] ARTICLE,
but shall bear distinctive marks to distinguish them from number plates
to be issued to other persons, qualifying under this [chapter] ARTICLE.
The commissioner in his discretion, may issue, for any registration
year, only one plate as a set for a motor vehicle, in which event a set
of severely disabled veteran plates for a motor vehicle shall consist of
one plate. Where a severely disabled veteran owns more than one vehicle
and such vehicle or vehicles is or are used by severely disabled members
of the owner's family who reside with the owner, the commissioner shall
issue one set of plates for each additional vehicle used by such severe-
ly disabled veteran, provided that such user qualifies as a severely
disabled veteran in the manner required by this section. For purposes of
this subdivision, the term "severely disabled veteran" shall mean any
member of the armed forces of the United States [who served in time of
war, as defined in section eighty-five of the civil service law, and]
whose disability qualifies him as a severely disabled person within the
meaning of such term as defined in subdivision four of this section.
§ 33. Paragraphs f and g of subdivision 6 of section 54 of the work-
ers' compensation law, as amended by chapter 205 of the laws of 1993,
are amended to read as follows:
f. Notwithstanding the provisions of paragraph a of this subdivision
or any other provision of this chapter, any executive officer of a reli-
gious, charitable or educational corporation and the officers of a
municipal corporation, and officers of any post or chapter of organiza-
tions of veterans [of any war] of the United States may be brought with-
S. 5195 20
in the coverage of the insurance contract as if they were employees by
any such corporation filing with the insurance carrier, upon a form
prescribed by the chair of the workers' compensation board, a notice
that the corporation elects to bring one or more executive officers of
such corporation named in the notice within the coverage of this chap-
ter. Such election shall be effective with respect to all policies
issued to such corporation by such insurance carrier as long as it shall
continuously insure the corporation. If such election is revoked, it
shall be in writing on a form prescribed by the chair and filed with the
chair and with the insurance carrier and a copy thereof furnished to
each officer as to whom such revocation is applicable, upon a form
prescribed by the chair. Such revocation shall not be effective until
thirty days after such filing. The estimation of the wage values of
executive officers within the coverage of the insurance contract shall
be reasonable and separately stated and added to the valuation of the
payrolls upon which the premium is computed.
g. The executive officers brought within the coverage of the insurance
contract, and the dependents of any such executive officers, including
executive officers of religious, charitable or educational corporations
and officers of municipal corporations, and officers of any post or
chapter of organizations of veterans [of any war] of the United States
that have elected to bring their officers within the coverage of the
policy, shall have the same rights and remedies as any employee and
shall be entitled to compensation and medical care as provided by this
chapter, and the insurance carrier shall be liable therefor and for
payments into the special funds provided in this chapter as in the case
of an employee. The executive officers who may be brought within the
coverage of an insurance contract shall include an officer of a corpo-
ration who at all times during the period involved between them owns all
of the issued and outstanding stock of the corporation and holds all of
the offices pursuant to paragraph (e) of section seven hundred fifteen
of the business corporation law or two executive officers of a corpo-
ration who at all times during the period involved between them own all
of the issued and outstanding stock of such corporation and hold all
such offices and who is the executive officer or who are the executive
officers of a corporation that has no other persons who are employees
required to be covered under this chapter.
§ 34. This act shall take effect immediately; provided however, that
sections three, five, seven, nine, twelve, fifteen, seventeen, nineteen,
twenty-two, twenty-five, twenty-nine and thirty-one of this act shall
take effect on the same date and in the same manner as part PP of chap-
ter 56 of the laws of 2022 take effect; provided further, however, that
the amendments to article 17 of the executive law made by sections thir-
teen, fourteen, sixteen, eighteen and twenty of this act shall not
affect the repeal of such article and shall be deemed repealed there-
with.
