Bill Text: NY A07606 | 2021-2022 | General Assembly | Amended
Bill Title: Includes the Space Force as being members of the armed forces or veterans eligible for certain credits and benefits that are available to other active and veteran members of the armed forces.
Spectrum: Bipartisan Bill
Status: (Engrossed - Dead) 2022-02-16 - REFERRED TO VETERANS, HOMELAND SECURITY AND MILITARY AFFAIRS [A07606 Detail]
Download: New_York-2021-A07606-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 7606--A Cal. No. 260 2021-2022 Regular Sessions IN ASSEMBLY May 19, 2021 ___________ Introduced by M. of A. BARRETT, NORRIS -- read once and referred to the Committee on Veterans' Affairs -- ordered to a third reading, amended and ordered reprinted, retaining its place on the order of third read- ing AN ACT to amend the general construction law, the executive law, the election law, the military law, the insurance law, the private housing finance law, the public officers law, the tax law, the economic devel- opment law, the civil service law, and the real property tax law, in relation to including members of the space force as being members of the armed forces or veterans eligible for certain credits and benefits The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 13-a of the general construction law, as amended by 2 chapter 490 of the laws of 2019, is amended to read as follows: 3 § 13-a. Armed forces of the United States. "Armed forces of the United 4 States" means the army, navy, marine corps, air force, space force and 5 coast guard, including all components thereof, and the national guard 6 when in the service of the United States pursuant to call as provided by 7 law. Pursuant to this definition no person shall be considered a member 8 or veteran of the armed forces of the United States unless his or her 9 service therein is or was on a full-time active duty basis, other than 10 active duty for training or he or she was employed by the War Shipping 11 Administration or Office of Defense Transportation or their agents as a 12 merchant seaman documented by the United States Coast Guard or Depart- 13 ment of Commerce, or as a civil servant employed by the United States 14 Army Transport Service (later redesignated as the United States Army 15 Transportation Corps, Water Division) or the Naval Transportation 16 Service; and who served satisfactorily as a crew member during the peri- 17 od of armed conflict, December seventh, nineteen hundred forty-one, to 18 August fifteenth, nineteen hundred forty-five, aboard merchant vessels 19 in oceangoing, i.e., foreign, intercoastal, or coastwise service as such EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD09383-04-2A. 7606--A 2 1 terms are defined under federal law (46 USCA 10301 & 10501) and further 2 to include "near foreign" voyages between the United States and Canada, 3 Mexico, or the West Indies via ocean routes, or public vessels in ocean- 4 going service or foreign waters and who has received a Certificate of 5 Release or Discharge from Active Duty and a discharge certificate, or an 6 Honorable Service Certificate/Report of Casualty, from the Department of 7 Defense or he or she served as a United States civilian employed by the 8 American Field Service and served overseas under United States Armies 9 and United States Army Groups in world war II during the period of armed 10 conflict, December seventh, nineteen hundred forty-one through May 11 eighth, nineteen hundred forty-five, and (i) was discharged or released 12 therefrom under honorable conditions, or (ii) has a qualifying condi- 13 tion, as defined in section three hundred fifty of the executive law, 14 and has received a discharge other than bad conduct or dishonorable from 15 such service, or (iii) is a discharged LGBT veteran, as defined in 16 section three hundred fifty of the executive law, and has received a 17 discharge other than bad conduct or dishonorable from such service, or 18 he or she served as a United States civilian Flight Crew and Aviation 19 Ground Support Employee of Pan American World Airways or one of its 20 subsidiaries or its affiliates and served overseas as a result of Pan 21 American's contract with Air Transport Command or Naval Air Transport 22 Service during the period of armed conflict, December fourteenth, nine- 23 teen hundred forty-one through August fourteenth, nineteen hundred 24 forty-five, and (iv) was discharged or released therefrom under honor- 25 able conditions, or (v) has a qualifying condition, as defined in 26 section three hundred fifty of the executive law, and has received a 27 discharge other than bad conduct or dishonorable from such service, or 28 (vi) is a discharged LGBT veteran, as defined in section three hundred 29 fifty of the executive law, and has received a discharge other than bad 30 conduct or dishonorable from such service. 31 § 2. Subdivisions 3, 4, and 9 of section 350 of the executive law, 32 subdivision 9 as added by chapter 490 of the laws of 2019, are amended 33 and five new subdivisions 10, 11, 12, 13 and 14 are added to read as 34 follows: 35 3. The term "veteran" means a person, [male or female, resident of36this state,] who has served in the active military [or], naval, or air 37 service of the United States [during a war in which the United States38engaged] and who [has been released from such service otherwise than by39dishonorable discharge,] or [who has been furloughed to the reserve] was 40 discharged or released therefrom under conditions other than dishonor- 41 able. 42 4. The term "armed forces" means the [military and naval forces of the43United States] army, navy, air force, marine corps, space force and 44 coast guard. 45 9. The term "discharged LGBT veteran" means a veteran who was 46 discharged less than honorably from military [or] naval or air service 47 due to their sexual orientation or gender identity or expression, as 48 those terms are defined in section two hundred ninety-two of this chap- 49 ter, or statements, consensual sexual conduct, or consensual acts relat- 50 ing to sexual orientation, gender identity or expression, or the disclo- 51 sure of such statements, conduct, or acts, that were prohibited by the 52 military [or], naval or air service at the time of discharge. The divi- 53 sion shall establish a consistent and uniform process to determine 54 whether a veteran qualifies as a discharged LGBT veteran under this 55 subdivision, including, at a minimum, standards for verifying a veter-A. 7606--A 3 1 an's status as a discharged LGBT veteran, and a method of demonstrating 2 eligibility as a discharged LGBT veteran. 3 10. The term "discharge or release" includes: (a) retirement from the 4 active military, naval, or air service; and (b) the satisfactory 5 completion of the period of active military, naval, or air service for 6 which a person was obligated at the time of the entry into such service 7 in the case of a person, who due to the enlistment or re-enlistment was 8 not awarded a discharge or release from such period of service at the 9 time of such completion thereof and who, at such time, would otherwise 10 have been eligible for the award of discharge or released under condi- 11 tions other than dishonorable. 12 11. The term "active duty" means: (a) a full-time duty in the armed 13 forces other than active duty for training; or (b) full-time duty (other 14 than for training purposes) as a commissioned officer of the regular or 15 reserve corps of the public health service; or (c) full-time duty as a 16 commissioned officer of the national oceanic and atmospheric adminis- 17 tration or its predecessor organization; or (d) service as a cadet at 18 the United States military, air force or coast guard academy or as a 19 midshipman at the United States naval academy in cases where such cadet 20 or midshipman completed the course of study; or (e) authorized travel to 21 or from such duty or service. 22 12. The term "reserve" means a member of a reserve component of the 23 armed forces. 24 13. The term "reserve component" means with respect of the armed forc- 25 es: (a) the army reserve; (b) the navy reserve; (c) the marine corps 26 reserve; (d) the air force reserve; (e) the coast guard reserve; (f) the 27 army national guard of the United States; and (g) the air national guard 28 of the United States. 29 14. The term "uniformed services" means: (a) the armed forces; (b) the 30 commissioned corps of the national oceanic and atmospheric adminis- 31 tration; and (c) the commissioned corps of the United States public 32 health service. 33 § 3. Subdivision 3 of section 369-b of the executive law, as added by 34 chapter 557 of the laws of 2013, is amended to read as follows: 35 3. "Veteran" shall mean an individual who served on active duty in the 36 United States army, navy, marine corps, air force, space force, coast 37 guard or the reserves component, or who served in active military 38 service of the United States as a member of the army national guard, air 39 national guard, New York guard or New York naval militia, who was 40 released from such service otherwise then by dishonorable discharge 41 after September eleventh, two thousand one. 42 § 4. Subdivisions 5 and 7 of section 369-h of the executive law, 43 subdivision 5 as added by chapter 22 of the laws of 2014 and subdivision 44 7 as amended by chapter 490 of the laws of 2019, are amended to read as 45 follows: 46 5. "Service-disabled veteran" shall mean (a) in the case of the United 47 States army, navy, air force, space force, marines, coast guard, army 48 national guard or air national guard and/or reserves thereof, a veteran 49 who received a compensation rating of ten percent or greater from the 50 United States department of veterans affairs or from the United States 51 department of defense because of a service-connected disability incurred 52 in the line of duty, and (b) in the case of the New York guard or the 53 New York naval militia and/or reserves thereof, a veteran who certifies, 54 pursuant to the rules and regulations promulgated by the director, to 55 having incurred an injury equivalent to a compensation rating of ten 56 percent or greater from the United States department of veterans affairsA. 7606--A 4 1 or from the United States department of defense because of a service- 2 connected disability incurred in the line of duty. 3 7. "Veteran" shall mean a person who served in the United States army, 4 navy, air force, space force, marines, coast guard, and/or reserves 5 thereof, and/or in the army national guard, air national guard, New York 6 guard and/or the New York naval militia, and who (i) has received an 7 honorable or general discharge from such service, or (ii) has a qualify- 8 ing condition, as defined in section three hundred fifty of this chap- 9 ter, and has received a discharge other than bad conduct or dishonorable 10 from such service, or (iii) is a discharged LGBT veteran, as defined in 11 section three hundred fifty of this chapter, and has received a 12 discharge other than bad conduct or dishonorable from such service. 13 § 5. Paragraph (a) of subdivision 3 of section 365 of the executive 14 law, as added by section 5 of part W of chapter 57 of the laws of 2013, 15 is amended to read as follows: 16 (a) For each New York state veterans cemetery there shall be a manage- 17 ment board. Each such management board shall consist of nine members, 18 including the director of the division who shall serve as chair, and 19 four members, appointed by the governor. Of such four members, not fewer 20 than two shall be a veteran of the United States army, the United States 21 navy, the United States air force, the United States space force, the 22 United States marines, the New York army national guard, the New York 23 air national guard, the New York naval militia, or a member who has 24 served in a theater of combat operations of the United States coast 25 guard or the United States merchant marine. Two members shall be 26 appointed by the temporary president of the senate, and two members 27 shall be appointed by the speaker of the state assembly. At least one of 28 the members appointed by the temporary president of the senate and at 29 least one of the members appointed by the speaker of the assembly shall 30 be a veteran of the United States army, the United States navy, the 31 United States air force, the United States marines, the New York army 32 national guard, the New York air national guard, the New York naval 33 militia, or a member who has served in a theater of combat operations of 34 the United States coast guard or the United States merchant marine. No 35 member shall receive any compensation for his or her service, but 36 members who are not state officials may be reimbursed for their actual 37 and necessary expenses, including travel expenses incurred in perform- 38 ance of their duties. The management board may consult with any federal, 39 state or local entity for the purposes of advancing its purposes, 40 mission and duties. 41 § 6. Subdivision 1 of section 10-102 of the election law, as amended 42 by chapter 104 of the laws of 2010, is amended to read as follows: 43 1. "Military service" means the military service of the state, or of 44 the United States, including the army, navy, marine corps, air force, 45 space force, coast guard, merchant marine and all components thereof, 46 and the coast and geodetic survey, the public health service, the 47 national guard when in the service of the United States pursuant to call 48 as provided by law, and the cadets or midshipmen of the United States 49 Military Academy, United States Naval Academy, United States Air Force 50 Academy and United States Coast Guard Academy. 51 § 7. Subsection (a) of section 3435-a of the insurance law, as amended 52 by chapter 416 of the laws of 1996, is amended to read as follows: 53 (a) Insurers shall be prohibited from refusing to issue a motor vehi- 54 cle liability insurance policy to any person with a valid New York state 55 driver's license which has been maintained by such person for at least 56 thirty-nine months prior to the time of application for such policy ofA. 7606--A 5 1 insurance solely on the basis that such person has not owned or leased a 2 vehicle during such period, unless such decision is based on sound 3 underwriting and actuarial principles reasonably related to actual or 4 anticipated loss experience. Provided, however, that an applicant demon- 5 strating a continuous, valid out-of-state or out-of-country driver's 6 license during such thirty-nine month period due to active service in 7 the United States army, navy, air force, space force or marines shall be 8 treated as if continuous licensing had been maintained in New York and 9 such person shall not be rejected based solely on the fact that he or 10 she served in the military. 11 § 8. Subdivisions 3, 4, and 8 of section 1 of the military law, as 12 amended by section 112 of the laws of 1989, are amended to read as 13 follows: 14 3. The terms "military" and "military and naval" shall mean army or 15 land, air or air force, space force and navy or naval. 16 4. The terms "military or naval" and "military (including air) or 17 naval" shall mean army or land, air or air force, space force or navy or 18 naval. 19 8. The terms "active military service of the United States" and "in 20 the armed forces of the United States" shall mean full time duty in the 21 army, navy [(including], marine corps[)], air force, space force or 22 coast guard of the United States. 23 § 9. Paragraph a and subparagraph 2 of paragraph b of subdivision 1 of 24 section 214 of the military law, paragraph a as added by chapter 853 of 25 the laws of 1953 and subparagraph 2 of paragraph b as amended by chapter 26 625 of the laws of 1965, are amended to read as follows: 27 a. has been a commissioned officer in active service for at least 28 twenty years in the organized militia of the state of New York or in the 29 army, air force, space force, navy or marine corps of the United States 30 for at least twenty years and 31 (2) for ten consecutive years of such service immediately preceding 32 his retirement and transfer to the state retired list as provided in 33 this chapter, if he has had actual combat experience in time of war 34 while in the army, air force, space force, navy or marine corps of the 35 United States or if he has served on the active list of a force or forc- 36 es of the organized militia for at least ten years as an enlisted man 37 and at least thirty years as a commissioned officer, shall receive annu- 38 ally from the date of his retirement and transfer to the state retired 39 list as provided in this chapter and during the time he remains on the 40 state retired list seventy-five per centum of the highest annual rate of 41 compensation paid to him by the state for the performance of military or 42 naval duty. 43 § 10. Subdivision 3 of section 1271 of the private housing finance 44 law, as amended by chapter 490 of the laws of 2019, is amended to read 45 as follows: 46 3. "Veteran" shall mean a resident of this state who (a) has served in 47 the United States army, navy, marine corps, air force, space force or 48 coast guard or (b) has served on active duty or ordered to active duty 49 as defined in 10 USC 101 (d)(1) as a member of the national guard or 50 other reserve component of the armed forces of the United States or (c) 51 has served on active duty or ordered to active duty for the state, as a 52 member of the state organized militia as defined in subdivision nine of 53 section one of the military law, and has been released from such service 54 documented by an honorable or general discharge, or has a qualifying 55 condition, as defined in section three hundred fifty of the executive 56 law, and has received a discharge other than bad conduct or dishonorableA. 7606--A 6 1 from such service, or is a discharged LGBT veteran, as defined in 2 section three hundred fifty of the executive law, and has received a 3 discharge other than bad conduct or dishonorable from such service. 4 § 11. Subdivision 17 of section 243 of the military law, as amended by 5 chapter 312 of the laws of 1993, is amended to read as follows: 6 17. Certificates as to service. A certificate signed by the commander, 7 total army personnel center as to persons in the army or in any branch 8 of the United States service while serving pursuant to law with the army 9 of the United States, signed by the commander, naval military personnel 10 as to persons in the United States service while serving pursuant to law 11 with the United States navy, and signed by the commandant, United States 12 marine corps, as to persons in the marine corps, or in any other branch 13 of the United States service while serving pursuant to law with the 14 marine corps, signed by the chief, air force military personnel center 15 as to persons in the United States service while serving pursuant to law 16 with the United States air force, space force personnel center as to 17 persons in the space force or in any other branch of the United States 18 service while serving pursuant to law with the space force of the United 19 States, or signed by an officer designated by any of them, respectively, 20 for the purpose, shall when produced be prima facie evidence as to any 21 of the following facts stated in such certificate: That a person named 22 has not been, or is, or has been in military service; the time when and 23 the place where such person entered military service, his residence at 24 that time, and the rank, branch, and unit of such service that he 25 entered, the dates within which he was in military service, the monthly 26 pay received by such person at the date of issuing the certificate, the 27 time when and the place where such person died in or was discharged from 28 such service. It is the duty of the foregoing officers to furnish such 29 certificate on application, and any such certificate when purporting to 30 be signed by any one of such officers, or by any person purporting upon 31 the face of the certificate to have been so authorized, shall be prima 32 facie evidence of its contents and of the authority of the signer to 33 issue the same. 34 § 12. Section 63 of the public officers law, as amended by chapter 606 35 of the laws of 2021, is amended to read as follows: 36 § 63. Leave of absence for veterans on Memorial day and Veterans' day. 37 It shall be the duty of the head of every public department and of every 38 court of the state of New York, of every superintendent or foreman on 39 the public works of said state, of the county officers of the several 40 counties of said state, of the town officers of the various towns in 41 this state, of the fire district officers of the various fire districts 42 in this state, and of the head of every department, bureau and office in 43 the government of the various cities and villages in this state, and the 44 officers of any public benefit corporation or any public authority of 45 this state, or of any public benefit corporation or public authority of 46 any county or subdivision of this state, to give leave of absence with 47 pay for twenty-four hours on the day prescribed by law as a public holi- 48 day for the observance of Memorial day and on the eleventh day of Novem- 49 ber, known as Veterans' day, to every person in the service of the 50 state, the county, the town, the fire district, the city or village, the 51 public benefit corporation or public authority of this state, or any 52 public benefit corporation or public authority of any county or subdivi- 53 sion of this state, as the case may be, (i) who served on active duty in 54 the armed forces of the United States during world war I or world war 55 II, or who was employed by the War Shipping Administration or Office of 56 Defense Transportation or their agents as a merchant seaman documentedA. 7606--A 7 1 by the United States Coast Guard or Department of Commerce, or as a 2 civil servant employed by the United States Army Transport Service 3 (later redesignated as the United States Army Transportation Corps, 4 Water Division) or the Naval Transportation Service; and who served 5 satisfactorily as a crew member during the period of armed conflict, 6 December seventh, nineteen hundred forty-one, to August fifteenth, nine- 7 teen hundred forty-five, aboard merchant vessels in oceangoing, i.e., 8 foreign, intercoastal, or coastwise service as such terms are defined 9 under federal law (46 USCA 10301 & 10501) and further to include "near 10 foreign" voyages between the United States and Canada, Mexico, or the 11 West Indies via ocean routes, or public vessels in oceangoing service or 12 foreign waters and who has received a Certificate of Release or 13 Discharge from Active Duty and a discharge certificate, or an Honorable 14 Service Certificate/Report of Casualty, from the Department of Defense, 15 or who served as a United States civilian employed by the American Field 16 Service and served overseas under United States Armies and United States 17 Army Groups in world war II during the period of armed conflict, Decem- 18 ber seventh, nineteen hundred forty-one through May eighth, nineteen 19 hundred forty-five, and who (a) was discharged or released therefrom 20 under honorable conditions, or (b) has a qualifying condition, as 21 defined in section three hundred fifty of the executive law, and has 22 received a discharge other than bad conduct or dishonorable from such 23 service, or (c) is a discharged LGBT veteran, as defined in section 24 three hundred fifty of the executive law, and has received a discharge 25 other than bad conduct or dishonorable from such service or who served 26 as a United States civilian Flight Crew and Aviation Ground Support 27 Employee of Pan American World Airways or one of its subsidiaries or its 28 affiliates and served overseas as a result of Pan American's contract 29 with Air Transport Command or Naval Air Transport Service during the 30 period of armed conflict, December fourteenth, nineteen hundred forty- 31 one through August fourteenth, nineteen hundred forty-five, and who (d) 32 was discharged or released therefrom under honorable conditions, or (e) 33 has a qualifying condition, as defined in section three hundred fifty of 34 the executive law, and has received a discharge other than bad conduct 35 or dishonorable from such service, or (f) is a discharged LGBT veteran, 36 as defined in section three hundred fifty of the executive law, and has 37 received a discharge other than bad conduct or dishonorable from such 38 service or during the period of the Korean conflict at any time between 39 the dates of June twenty-seventh, nineteen hundred fifty and January 40 thirty-first, nineteen hundred fifty-five, or during the period of the 41 Vietnam conflict from the [twenty-eighth day of February, nineteen42hundred sixty-one] first day of November, nineteen hundred fifty-five to 43 the seventh day of May, nineteen hundred seventy-five, or (ii) who 44 served on active duty in the armed forces of the United States and who 45 was a recipient of the armed forces expeditionary medal, navy expedi- 46 tionary medal or marine corps expeditionary medal for participation in 47 operations in Lebanon from June first, nineteen hundred eighty-three to 48 December first, nineteen hundred eighty-seven, in Grenada from October 49 twenty-third, nineteen hundred eighty-three to November twenty-first, 50 nineteen hundred eighty-three, or in Panama from December twentieth, 51 nineteen hundred eighty-nine to January thirty-first, nineteen hundred 52 ninety, or (iii) who served in the armed forces of a foreign country 53 allied with the United States during world war I or world war II, or 54 during the period of the Korean conflict at any time between June twen- 55 ty-seventh, nineteen hundred fifty and January thirty-first, nineteen 56 hundred fifty-five, or during the period of the Vietnam conflict fromA. 7606--A 8 1 the first day of November, nineteen hundred fifty-five to the seventh 2 day of May, nineteen hundred seventy-five, or during the period of the 3 Persian Gulf conflict from the second day of August, nineteen hundred 4 ninety to the end of such conflict, or who served on active duty in the 5 army or navy or marine corps or air force or space force or coast guard 6 of the United States, and who (a) was honorably discharged or separated 7 from such service under honorable conditions, or (b) has a qualifying 8 condition, as defined in section three hundred fifty of the executive 9 law, and has received a discharge other than bad conduct or dishonorable 10 from such service, or (c) is a discharged LGBT veteran, as defined in 11 section three hundred fifty of the executive law, and has received a 12 discharge other than bad conduct or dishonorable from such service 13 except where such action would endanger the public safety or the safety 14 or health of persons cared for by the state, in which event such persons 15 shall be entitled to leave of absence with pay on another day in lieu 16 thereof. All such persons who are compensated on a per diem, hourly, 17 semi-monthly or monthly basis, with or without maintenance, shall also 18 be entitled to leave of absence with pay under the provisions of this 19 section and no deduction in vacation allowance or budgetary allowable 20 number of working days shall be made in lieu thereof. A refusal to give 21 such leave of absence to one entitled thereto shall be neglect of duty. 22 § 13. Subparagraph 1 of paragraph b of subdivision 29 of section 210-B 23 of the tax law, as amended by chapter 490 of the laws of 2019, is 24 amended to read as follows: 25 (1) who served on active duty in the United States army, navy, air 26 force, space force, marine corps, coast guard or the reserves thereof, 27 or who served in active military service of the United States as a 28 member of the army national guard, air national guard, New York guard or 29 New York naval militia; who (i) was released from active duty by general 30 or honorable discharge after September eleventh, two thousand one, or 31 (ii) has a qualifying condition, as defined in section three hundred 32 fifty of the executive law, and has received a discharge other than bad 33 conduct or dishonorable from such service after September eleventh, two 34 thousand one, or (iii) is a discharged LGBT veteran, as defined in 35 section three hundred fifty of the executive law, and has received a 36 discharge other than bad conduct or dishonorable from such service after 37 September eleventh, two thousand one; 38 § 14. Subparagraph (A) of paragraph 2 of subsection (a-2) of section 39 606 of the tax law, as amended by chapter 490 of the laws of 2019, is 40 amended to read as follows: 41 (A) who served on active duty in the United States army, navy, air 42 force, space force, marine corps, coast guard or the reserves thereof, 43 or who served in active military service of the United States as a 44 member of the army national guard, air national guard, New York guard or 45 New York naval militia; who (i) was released from active duty by general 46 or honorable discharge after September eleventh, two thousand one, or 47 (ii) has a qualifying condition, as defined in section three hundred 48 fifty of the executive law, and has received a discharge other than bad 49 conduct or dishonorable from such service after September eleventh, two 50 thousand one, or (iii) is a discharged LGBT veteran, as defined in 51 section three hundred fifty of the executive law, and has received a 52 discharge other than bad conduct or dishonorable from such service after 53 September eleventh, two thousand one; 54 § 15. Subparagraph (A) of paragraph 2 of subdivision (g-1) of section 55 1511 of the tax law, as amended by chapter 490 of the laws of 2019, is 56 amended to read as follows:A. 7606--A 9 1 (A) who served on active duty in the United States army, navy, air 2 force, space force, marine corps, coast guard or the reserves thereof, 3 or who served in active military service of the United States as a 4 member of the army national guard, air national guard, New York guard or 5 New York naval militia; who (i) was released from active duty by general 6 or honorable discharge after September eleventh, two thousand one, or 7 (ii) has a qualifying condition, as defined in section three hundred 8 fifty of the executive law, and has received a discharge other than bad 9 conduct or dishonorable from such service after September eleventh, two 10 thousand one, or (iii) is a discharged LGBT veteran, as defined in 11 section three hundred fifty of the executive law, and has received a 12 discharge other than bad conduct or dishonorable from such service after 13 September eleventh, two thousand one; 14 § 16. Subdivision 6 of section 210 of the economic development law, as 15 amended by chapter 490 of the laws of 2019, is amended to read as 16 follows: 17 6. "Veteran" shall mean a person who served in the United States army, 18 navy, air force, space force, marines, coast guard, and/or reserves 19 thereof, and/or in the army national guard, air national guard, New York 20 guard and/or New York naval militia and who (a) has received an honor- 21 able or general discharge from such service, or (b) has a qualifying 22 condition, as defined in section three hundred fifty of the executive 23 law, and has received a discharge other than bad conduct or dishonorable 24 from such service, or (c) is a discharged LGBT veteran, as defined in 25 section three hundred fifty of the executive law, and has received a 26 discharge other than bad conduct or dishonorable from such service. 27 § 17. Paragraph (b) of subdivision 5 of section 50 of the civil 28 service law, as amended by chapter 490 of the laws of 2019, is amended 29 to read as follows: 30 (b) Notwithstanding the provisions of paragraph (a) of this subdivi- 31 sion, the state civil service department, subject to the approval of the 32 director of the budget, a municipal commission, subject to the approval 33 of the governing board or body of the city or county, as the case may 34 be, or a regional commission or personnel officer, pursuant to govern- 35 mental agreement, may elect to waive application fees, or to abolish 36 fees for specific classes of positions or types of examinations or 37 candidates, or to establish a uniform schedule of reasonable fees 38 different from those prescribed in paragraph (a) of this subdivision, 39 specifying in such schedule the classes of positions or types of exam- 40 inations or candidates to which such fees shall apply; provided, howev- 41 er, that fees shall be waived for candidates who certify to the state 42 civil service department, a municipal commission or a regional commis- 43 sion that they are unemployed and primarily responsible for the support 44 of a household, or are receiving public assistance. Provided further, 45 the state civil service department shall waive the state application fee 46 for examinations for original appointment for all veterans. Notwith- 47 standing any other provision of law, for purposes of this section, the 48 term "veteran" shall mean a person who has served in the armed forces of 49 the United States or the reserves thereof, or in the army national 50 guard, air national guard, New York guard, or the New York naval mili- 51 tia, and who (1) has been honorably discharged or released from such 52 service under honorable conditions, or (2) has a qualifying condition, 53 as defined in section three hundred fifty of the executive law, and has 54 received a discharge other than bad conduct or dishonorable from such 55 service, or (3) is a discharged LGBT veteran, as defined in section 56 three hundred fifty of the executive law, and has received a dischargeA. 7606--A 10 1 other than bad conduct or dishonorable from such service. The term 2 "armed forces" shall mean the army, navy, air force, space force, marine 3 corps, and coast guard. 4 § 18. Paragraph (e) of subdivision 1 of section 458-a of the real 5 property tax law, as amended by chapter 490 of the laws of 2019, is 6 amended to read as follows: 7 (e) "Veteran" means a person (i) who served in the active military, 8 naval, space, or air service during a period of war, or who was a recip- 9 ient of the armed forces expeditionary medal, navy expeditionary medal, 10 marine corps expeditionary medal, or global war on terrorism expedition- 11 ary medal, and who (1) was discharged or released therefrom under honor- 12 able conditions, or (2) has a qualifying condition, as defined in 13 section three hundred fifty of the executive law, and has received a 14 discharge other than bad conduct or dishonorable from such service, or 15 (3) is a discharged LGBT veteran, as defined in section three hundred 16 fifty of the executive law, and has received a discharge other than bad 17 conduct or dishonorable from such service, (ii) who was employed by the 18 War Shipping Administration or Office of Defense Transportation or their 19 agents as a merchant seaman documented by the United States Coast Guard 20 or Department of Commerce, or as a civil servant employed by the United 21 States Army Transport Service (later redesignated as the United States 22 Army Transportation Corps, Water Division) or the Naval Transportation 23 Service; and who served satisfactorily as a crew member during the peri- 24 od of armed conflict, December seventh, nineteen hundred forty-one, to 25 August fifteenth, nineteen hundred forty-five, aboard merchant vessels 26 in oceangoing, i.e., foreign, intercoastal, or coastwise service as such 27 terms are defined under federal law (46 USCA 10301 & 10501) and further 28 to include "near foreign" voyages between the United States and Canada, 29 Mexico, or the West Indies via ocean routes, or public vessels in ocean- 30 going service or foreign waters and who has received a Certificate of 31 Release or Discharge from Active Duty and a discharge certificate, or an 32 Honorable Service Certificate/Report of Casualty, from the department of 33 defense, (iii) who served as a United States civilian employed by the 34 American Field Service and served overseas under United States Armies 35 and United States Army Groups in world war II during the period of armed 36 conflict, December seventh, nineteen hundred forty-one through May 37 eighth, nineteen hundred forty-five, and who (1) was discharged or 38 released therefrom under honorable conditions, or (2) has a qualifying 39 condition, as defined in section three hundred fifty of the executive 40 law, and has received a discharge other than bad conduct or dishonorable 41 from such service, or (3) is a discharged LGBT veteran, as defined in 42 section three hundred fifty of the executive law, and has received a 43 discharge other than bad conduct or dishonorable from such service, (iv) 44 who served as a United States civilian Flight Crew and Aviation Ground 45 Support Employee of Pan American World Airways or one of its subsid- 46 iaries or its affiliates and served overseas as a result of Pan Ameri- 47 can's contract with Air Transport Command or Naval Air Transport Service 48 during the period of armed conflict, December fourteenth, nineteen 49 hundred forty-one through August fourteenth, nineteen hundred forty- 50 five, and who (1) was discharged or released therefrom under honorable 51 conditions, or (2) has a qualifying condition, as defined in section 52 three hundred fifty of the executive law, and has received a discharge 53 other than bad conduct or dishonorable from such service, or (3) is a 54 discharged LGBT veteran, as defined in section three hundred fifty of 55 the executive law, and has received a discharge other than bad conduct 56 or dishonorable from such service, or (v) notwithstanding any otherA. 7606--A 11 1 provision of law to the contrary, who are members of the reserve compo- 2 nents of the armed forces of the United States who (1) received an 3 honorable discharge or release therefrom under honorable conditions, or 4 (2) has a qualifying condition, as defined in section three hundred 5 fifty of the executive law, and has received a discharge other than bad 6 conduct or dishonorable from such service, or (3) is a discharged LGBT 7 veteran, as defined in section three hundred fifty of the executive law, 8 and has received a discharge other than bad conduct or dishonorable from 9 such service, but are still members of the reserve components of the 10 armed forces of the United States provided that such members meet all 11 other qualifications under the provisions of this section. 12 § 19. This act shall take effect immediately, provided, however, that 13 the amendments made to subdivisions 5 and 7 of section 369-h of the 14 executive law made by section four of this act shall not affect the 15 repeal of such section and shall be deemed repealed therewith.
