S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  291--A
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 8, 2025
                                ___________
 
 Introduced  by M. of A. BARRETT -- read once and referred to the Commit-
   tee on  Veterans'  Affairs  --  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, the real property tax law  and
   the education 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
 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
 served satisfactorily as a  crew  member  during  the  period  of  armed
 conflict,  December  seventh,  nineteen  hundred  forty-one,  to  August
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD00229-02-5
 A. 291--A                           2
 
 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, UNITED STATES MERCHANT MARINE 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
 the United States army, navy, air force, SPACE FORCE or marines shall be
 A. 291--A                           3
 
 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 chapter 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
 owned  by, chartered to, or operated by or for the account or use of the
 A. 291--A                           4

 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
 her]  THEIR  position, provided such reinstatement is within ninety days
 A. 291--A                           5
 
 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]
 FOREPERSON  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
 A. 291--A                           6
 
 public holiday for the observance of Memorial day and  on  the  eleventh
 day  of November, 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 subdivision 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  Adminis-
 tration  or  Office  of  Defense  Transportation  or  their  agents as a
 merchant seaman documented by the United States Coast Guard  or  Depart-
 ment  of  Commerce,  or as a civil servant employed by the United States
 Army Transport Service (later redesignated as  the  United  States  Army
 Transportation  Corps,  Water  Division)  or  the  Naval  Transportation
 Service; and who served satisfactorily as a crew member during the peri-
 od of armed conflict, December seventh, nineteen hundred  forty-one,  to
 August  fifteenth,  nineteen hundred forty-five, aboard merchant vessels
 in oceangoing, i.e., foreign, intercoastal, or coastwise service as such
 terms are defined under federal law (46 USCA 10301 & 10501) and  further
 to  include "near foreign" voyages between the United States and Canada,
 Mexico, or the West Indies via ocean routes, or public vessels in ocean-
 going service or foreign waters and who has received  a  Certificate  of
 Release or Discharge from Active Duty and a discharge certificate, or an
 Honorable Service Certificate/Report of Casualty, from the Department of
 Defense, or who served as a United States civilian employed by the 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  (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 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 (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-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  (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
 A. 291--A                           7
 
 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 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 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.
   § 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-
 inations  or candidates to which such fees shall apply; provided, howev-
 A. 291--A                           8
 
 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
 bad  conduct  or dishonorable from such service. The term "armed forces"
 A. 291--A                           9
 
 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
 members  of  the  reserve  components  of the armed forces of the United
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 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  cooper-
 ation  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.  Paragraph (a) of subdivision 1 of section 2018-d of the educa-
 tion law, as amended by chapter 300 of the laws of 2020, is  amended  to
 read as follows:
   (a)  "Military service" means the military service of the state, or of
 the United States, including the army, navy, marine  corps,  air  force,
 coast  guard,  SPACE  FORCE, 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,  United  States Merchant Marine Academy and United States Coast
 Guard Academy.
   § 15. 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
 A. 291--A                          11
 
 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.