Bill Text: NY A08097 | 2019-2020 | General Assembly | Introduced


Bill Title: Relates to discharged LGBT veterans; defines "LGBT veteran" and "qualifying condition"; adds veterans who have qualifying conditions or who are discharged as an LGBT veteran to certain provisions that apply to veterans who have been honorably discharged or released from military service.

Spectrum: Moderate Partisan Bill (Democrat 24-5)

Status: (Introduced) 2019-06-18 - substituted by s45b [A08097 Detail]

Download: New_York-2019-A08097-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                          8097

                               2019-2020 Regular Sessions

                   IN ASSEMBLY

                                      May 31, 2019
                                       ___________

        Introduced  by M. of A. BARRETT -- read once and referred to the Commit-
          tee on Veterans' Affairs

        AN ACT to amend the executive law, the civil  service  law,  the  county
          law,  the  economic  development  law, the education law, the election
          law, the general construction law,  the  general  municipal  law,  the
          military  law, the correction law, the environmental conservation law,
          the general business law, the highway  law,  the  insurance  law,  the
          judiciary law, the private housing finance law, the public health law,
          the public housing law, the public officers law, the real property tax
          law,  the  social services law, the tax law, the town law, the vehicle
          and traffic law, and the workers' compensation  law,  in  relation  to
          veterans with qualifying conditions and discharged LGBT veterans

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Section 350 of the executive law is amended by  adding  two
     2  new subdivisions 8 and 9 to read as follows:
     3    8. The term "qualifying condition" means a diagnosis of post-traumatic
     4  stress  disorder  or traumatic brain injury made by, or an experience of
     5  military sexual trauma, as described in 38 USC 1720D,  as  amended  from
     6  time  to  time,  disclosed  to, an individual licensed to provide health
     7  care services at a United States Department of Veterans Affairs  facili-
     8  ty.  The division shall develop a standardized form used to confirm that
     9  the veteran has a qualifying condition under this subdivision.
    10    9.  The  term  "discharged  LGBT  veteran"  means  a  veteran  who was
    11  discharged less than honorably from military or  naval  service  due  to
    12  their  sexual  orientation  or  gender  identity or expression, as those
    13  terms are defined in section two hundred ninety-two of this chapter,  or
    14  statements,  consensual  sexual  conduct, or consensual acts relating to
    15  sexual orientation, gender identity or expression, or the disclosure  of
    16  such  statements, conduct, or acts, that were prohibited by the military
    17  or naval service at the time of discharge. The division shall  establish

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13157-01-9

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     1  a  consistent  and uniform process to determine whether a veteran quali-
     2  fies as a discharged LGBT veteran under this subdivision, including,  at
     3  a  minimum,  standards  for verifying a veteran's status as a discharged
     4  LGBT  veteran, and a method of demonstrating eligibility as a discharged
     5  LGBT veteran.
     6    § 2. Paragraph (b) of subdivision 5 of section 50 of the civil service
     7  law, as amended by chapter 35 of the laws of 2018, is amended to read as
     8  follows:
     9    (b) Notwithstanding the provisions of paragraph (a) of  this  subdivi-
    10  sion, the state civil service department, subject to the approval of the
    11  director  of the budget, a municipal commission, subject to the approval
    12  of the governing board or body of the city or county, as  the  case  may
    13  be,  or  a regional commission or personnel officer, pursuant to govern-
    14  mental agreement, may elect to waive application  fees,  or  to  abolish
    15  fees  for  specific  classes  of  positions  or types of examinations or
    16  candidates, or to  establish  a  uniform  schedule  of  reasonable  fees
    17  different  from  those  prescribed in paragraph (a) of this subdivision,
    18  specifying in such schedule the classes of positions or types  of  exam-
    19  inations  or candidates to which such fees shall apply; provided, howev-
    20  er, that fees shall be waived for candidates who certify  to  the  state
    21  civil  service  department, a municipal commission or a regional commis-
    22  sion that they are unemployed and primarily responsible for the  support
    23  of  a  household,  or are receiving public assistance. Provided further,
    24  the state civil service department shall waive the state application fee
    25  for examinations for original appointment  for  all  veterans.  Notwith-
    26  standing  any  other provision of law, for purposes of this section, the
    27  term "veteran" shall mean a person who has served in the armed forces of
    28  the United States or the reserves  thereof,  or  in  the  army  national
    29  guard,  air  national guard, New York guard, or the New York naval mili-
    30  tia, and who (1) has been honorably discharged  or  released  from  such
    31  service  under  honorable conditions, or (2) has a qualifying condition,
    32  as defined in section three hundred fifty of the executive law, and  has
    33  received  a  discharge  other than bad conduct or dishonorable from such
    34  service, or (3) is a discharged LGBT  veteran,  as  defined  in  section
    35  three  hundred  fifty of the executive law, and has received a discharge
    36  other than bad conduct or  dishonorable  from  such  service.  The  term
    37  "armed  forces"  shall mean the army, navy, air force, marine corps, and
    38  coast guard.
    39    § 3. Paragraph (b) of subdivision 1 of section 75 of the civil service
    40  law, as amended by chapter 350 of the laws of 1989, is amended  to  read
    41  as follows:
    42    (b) a person holding a position by permanent appointment or employment
    43  in  the  classified service of the state or in the several cities, coun-
    44  ties, towns, or villages thereof, or in any  other  political  or  civil
    45  division  of  the  state  or  of a municipality, or in the public school
    46  service, or in any public or special district, or in the service of  any
    47  authority,  commission  or  board,  or  in  any  other  branch of public
    48  service, who  was  honorably  discharged  or  released  under  honorable
    49  circumstances  from  the armed forces of the United States including (i)
    50  having a qualifying condition as defined in section three hundred  fifty
    51  of  the  executive law, and receiving a discharge other than bad conduct
    52  or dishonorable from such service,  or  (ii)  being  a  discharged  LGBT
    53  veteran, as defined in section three hundred fifty of the executive law,
    54  and  receiving  a  discharge other than bad conduct or dishonorable from
    55  such service, having served therein as such member in  time  of  war  as
    56  defined  in  section  eighty-five  of  this chapter, or who is an exempt

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     1  volunteer firefighter as defined in the general  municipal  law,  except
     2  when  a person described in this paragraph holds the position of private
     3  secretary, cashier or deputy of any official or department, or
     4    § 4. Paragraph (a) of subdivision 1 of section 85 of the civil service
     5  law,  as  amended by chapter 333 of the laws of 1993, is amended to read
     6  as follows:
     7    (a) The terms "veteran" and "non-disabled veteran" mean  a  member  of
     8  the armed forces of the United States who served therein in time of war,
     9  who  was  honorably discharged or released under honorable circumstances
    10  from such service including (i) having a qualifying condition as defined
    11  in section three hundred fifty of the executive  law,  and  receiving  a
    12  discharge  other  than bad conduct or dishonorable from such service, or
    13  (ii) being a discharged  LGBT  veteran,  as  defined  in  section  three
    14  hundred fifty of the executive law, and receiving a discharge other than
    15  bad  conduct  or dishonorable from such service, who is a citizen of the
    16  United States or an alien lawfully admitted for permanent  residence  in
    17  the  United States and who is a resident of the state of New York at the
    18  time of application for appointment or  promotion  or  at  the  time  of
    19  retention, as the case may be.
    20    § 5. Subparagraph 2 of paragraph (b) of subdivision 1 of section 85 of
    21  the civil service law, as amended by chapter 616 of the laws of 1995, is
    22  amended to read as follows:
    23    (2)  A  veteran  who served in world war II, who continued to serve in
    24  the armed forces of the United States after the second day of September,
    25  nineteen hundred forty-five, or who was employed  by  the  War  Shipping
    26  Administration  or Office of Defense Transportation or their agents as a
    27  merchant seaman documented by the United States Coast Guard  or  Depart-
    28  ment  of  Commerce,  or as a civil servant employed by the United States
    29  Army Transport Service (later redesignated as  the  United  States  Army
    30  Transportation  Corps,  Water  Division)  or  the  Naval  Transportation
    31  Service; and who served satisfactorily as a crew member during the peri-
    32  od of armed conflict, December seventh, nineteen hundred  forty-one,  to
    33  August  fifteenth,  nineteen hundred forty-five, aboard merchant vessels
    34  in oceangoing, i.e., foreign, intercoastal, or coastwise service as such
    35  terms are defined under federal law (46 USCA 10301 & 10501) and  further
    36  to  include "near foreign" voyages between the United States and Canada,
    37  Mexico, or the West Indies via ocean routes, or public vessels in ocean-
    38  going service or foreign waters and who has received  a  Certificate  of
    39  Release or Discharge from Active Duty and a discharge certificate, or an
    40  Honorable Service Certificate/Report of Casualty, from the Department of
    41  Defense, or who served as a United States civilian employed by the Amer-
    42  ican  Field  Service  and served overseas under United States Armies and
    43  United States Army Groups in world war II during  the  period  of  armed
    44  conflict,  December  seventh,  nineteen  hundred  forty-one  through May
    45  eighth, nineteen hundred forty-five,  and  who  (i)  was  discharged  or
    46  released  therefrom  under honorable [conditions,] circumstances or (ii)
    47  has a qualifying condition, as defined in section three hundred fifty of
    48  the executive law, and has received a discharge other than  bad  conduct
    49  or  dishonorable from such service, or (iii) is a discharged LGBT veter-
    50  an, as defined in section three hundred fifty of the executive law,  and
    51  has  received  a  discharge  other than bad conduct or dishonorable from
    52  such service, or who served as a United States civilian Flight Crew  and
    53  Aviation Ground Support Employee of Pan American World Airways or one of
    54  its  subsidiaries  or  its affiliates and served overseas as a result of
    55  Pan American's contract with Air Transport Command or Naval  Air  Trans-
    56  port  Service  during the period of armed conflict, December fourteenth,

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     1  nineteen hundred forty-one through August fourteenth,  nineteen  hundred
     2  forty-five,  and  who  (iv)  was  discharged or released therefrom under
     3  honorable [conditions,] circumstances or (v) has a qualifying condition,
     4  as  defined in section three hundred fifty of the executive law, and has
     5  received a discharge other than bad conduct or  dishonorable  from  such
     6  service,  or  (vi)  is  a discharged LGBT veteran, as defined in section
     7  three hundred fifty of the executive law, and has received  a  discharge
     8  other  than  bad  conduct  or dishonorable from such service, and who is
     9  certified, as hereinbefore provided,  by  the  United  States  veterans'
    10  administration  as  receiving disability payments upon the certification
    11  of such veterans' administration for a disability  incurred  by  him  in
    12  such  service on or before the date that world war II is declared termi-
    13  nated.
    14    § 6. Section 86 of the civil service law, as amended by chapter 476 of
    15  the laws of 2018, is amended to read as follows:
    16    § 86. Transfer of veterans or exempt volunteer firefighters upon abol-
    17  ition of positions. If the position in the  non-competitive  or  in  the
    18  labor class held by any honorably discharged veteran of the armed forces
    19  of the United States or by any veteran of the armed forces of the United
    20  States  released under honorable circumstances from such service includ-
    21  ing (i) having a  qualifying  condition  as  defined  in  section  three
    22  hundred fifty of the executive law, and receiving a discharge other than
    23  bad  conduct  or  dishonorable  from  such  service,  or  (ii)  being  a
    24  discharged LGBT veteran, as defined in section three  hundred  fifty  of
    25  the  executive  law, and receiving a discharge other than bad conduct or
    26  dishonorable from such service, who served therein in  time  of  war  as
    27  defined  in  section eighty-five of this chapter, or by an exempt volun-
    28  teer firefighter as defined in the general municipal law,  shall  become
    29  unnecessary  or  be  abolished  for reasons of economy or otherwise, the
    30  honorably discharged veteran or  exempt  volunteer  firefighter  holding
    31  such  position shall not be discharged from the public service but shall
    32  be transferred to a similar position wherein a vacancy exists, and shall
    33  receive the same compensation therein. It is hereby made the duty of all
    34  persons clothed with the power of  appointment  to  make  such  transfer
    35  effective.  The  right to transfer herein conferred shall continue for a
    36  period of one year following the date of abolition of the position,  and
    37  may  be exercised only where a vacancy exists in an appropriate position
    38  to which transfer may be made at the time of demand for transfer.  Where
    39  the  positions  of  more than one such veteran or exempt volunteer fire-
    40  fighter are abolished and a lesser number of vacancies in similar  posi-
    41  tions exist to which transfer may be made, the veterans or exempt volun-
    42  teer  firefighters  whose  positions  are abolished shall be entitled to
    43  transfer to such vacancies in the order of their original appointment in
    44  the service. Nothing in this section shall be construed to apply to  the
    45  position  of  private  secretary,  cashier  or deputy of any official or
    46  department. This section shall have no  application  to  persons  encom-
    47  passed by section eighty-a of this chapter.
    48    §  7.  Section  831  of the county law, as added by chapter 653 of the
    49  laws of 1986, is amended to read as follows:
    50    § 831. Soldier burial plots in Dutchess county. The legislature of the
    51  county of Dutchess may  authorize  the  purchase  of  burial  plots  and
    52  provide  for  marker settings and perpetual care and maintenance of such
    53  plots in one or more of the cemeteries of the  county  of  Dutchess  for
    54  deceased  veterans,  who,  at  the  time of death, were residents of the
    55  county of Dutchess and who (i) were discharged from the armed forces  of
    56  the  United States either honorably or under honorable circumstances, or

        A. 8097                             5

     1  (ii) had a qualifying condition, as defined  in  section  three  hundred
     2  fifty  of  the  executive  law,  and received a discharge other than bad
     3  conduct or dishonorable, or (iii) were a  discharged  LGBT  veteran,  as
     4  defined  in  section  three  hundred  fifty  of  the  executive law, and
     5  received a discharge other than bad conduct or dishonorable. The expense
     6  thereof shall be a county charge.
     7    § 8. Subdivision 6 of section 210 of the economic development law,  as
     8  added by chapter 398 of the laws of 2018, is amended to read as follows:
     9    6.  "Veteran"  shall mean a person who served in [and who has received
    10  an honorable or general discharge from,] the United States  army,  navy,
    11  air  force, marines, coast guard, and/or reserves thereof, and/or in the
    12  army national guard, air national guard, New York guard and/or New  York
    13  naval militia and who (a) has received an honorable or general discharge
    14  from  such  service,  or  (b)  has a qualifying condition, as defined in
    15  section three hundred fifty of the executive law,  and  has  received  a
    16  discharge  other  than bad conduct or dishonorable from such service, or
    17  (c) is a discharged LGBT veteran, as defined in  section  three  hundred
    18  fifty  of the executive law, and has received a discharge other than bad
    19  conduct or dishonorable from such service.
    20    § 9. Paragraph c of subdivision 1 of section 360 of the education law,
    21  as amended by chapter 699 of the laws of 2005, is  amended  to  read  as
    22  follows:
    23    c.  Adopt  and  enforce  campus rules and regulations not inconsistent
    24  with the vehicle and traffic law  relating  to  parking,  vehicular  and
    25  pedestrian  traffic,  and safety. Such rules and regulations may include
    26  provisions for the disposition of abandoned vehicles, removal by  towing
    27  or  otherwise  of  vehicles  parked  in  violation  of such rules at the
    28  expense of the owner, the payment of fees for the registration or  park-
    29  ing  of  such  vehicles, provided that such campus rules and regulations
    30  may provide that any veteran attending the state university as a student
    31  shall be exempt from any fees for parking or registering a  motor  vehi-
    32  cle, and the assessment of administrative fines upon the owner or opera-
    33  tor of such vehicles for each violation of the regulations.  However, no
    34  such fine may be imposed without a hearing or an opportunity to be heard
    35  conducted  by  an  officer or board designated by the board of trustees.
    36  Such fines, in the case of an officer or employee of  state  university,
    37  may  be  deducted  from  the salary or wages of such officer or employee
    38  found in violation of such regulations, or in the case of a  student  of
    39  state  university found in violation of such regulations, the university
    40  may withhold his grades and transcripts until such time as any  fine  is
    41  paid.  For purposes of this subdivision, the term "veteran" shall mean a
    42  member of the armed forces of the United States who served in such armed
    43  forces in time of war and who (i) was honorably discharged  or  released
    44  under  honorable circumstances from such service, or (ii) has a qualify-
    45  ing condition, as defined in section three hundred fifty of  the  execu-
    46  tive  law,  and  has  received  a  discharge  other  than bad conduct or
    47  dishonorable from such service, or (iii) is a discharged  LGBT  veteran,
    48  as  defined in section three hundred fifty of the executive law, and has
    49  received a discharge other than bad conduct or  dishonorable  from  such
    50  service.
    51    §  10.  The  opening  paragraph of subdivision 6 of section 503 of the
    52  education law, as amended by chapter 616 of the laws of 1995, is amended
    53  to read as follows:
    54    Credit for service in war after world war I, which shall mean military
    55  service during the period commencing the first  day  of  July,  nineteen
    56  hundred  forty,  and  terminating  the  thirtieth  day of June, nineteen

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     1  hundred forty-seven, or during the period commencing the  twenty-seventh
     2  day  of  June,  nineteen hundred fifty, and terminating the thirty-first
     3  day of January, nineteen hundred fifty-five, or during both  such  peri-
     4  ods, as a member of the armed forces of the United States, of any person
     5  who  (i)  has  been  honorably  discharged  or  released under honorable
     6  circumstances from such service, or (ii) has a qualifying condition,  as
     7  defined  in  section  three  hundred fifty of the executive law, and has
     8  received a discharge other than bad conduct or  dishonorable  from  such
     9  service,  or  (iii)  is a discharged LGBT veteran, as defined in section
    10  three hundred fifty of the executive law, and has received  a  discharge
    11  other  than bad conduct or dishonorable from such service, or service by
    12  one who was employed by the War Shipping  Administration  or  Office  of
    13  Defense  Transportation  or their agents as a merchant seaman documented
    14  by the United States Coast Guard or Department  of  Commerce,  or  as  a
    15  civil  servant  employed  by  the  United  States Army Transport Service
    16  (later redesignated as the  United  States  Army  Transportation  Corps,
    17  Water  Division)  or  the  Naval  Transportation Service; and who served
    18  satisfactorily as a crew member during the  period  of  armed  conflict,
    19  December seventh, nineteen hundred forty-one, to August fifteenth, nine-
    20  teen  hundred  forty-five,  aboard merchant vessels in oceangoing, i.e.,
    21  foreign, intercoastal, or coastwise service as such  terms  are  defined
    22  under  federal  law (46 USCA 10301 & 10501) and further to include "near
    23  foreign" voyages between the United States and Canada,  Mexico,  or  the
    24  West Indies via ocean routes, or public vessels in oceangoing service or
    25  foreign  waters  and  who  has  received  a  Certificate  of  Release or
    26  Discharge from Active Duty and a discharge certificate, or an  Honorable
    27  Service  Certificate/Report  of Casualty, from the Department of Defense
    28  or who served as a United States civilian employed by the American Field
    29  Service and served overseas under United States Armies and United States
    30  Army Groups in world war II during the period of armed conflict,  Decem-
    31  ber  seventh,  nineteen  hundred  forty-one through May eighth, nineteen
    32  hundred forty-five, and (iv) who was discharged  or  released  therefrom
    33  under  honorable  conditions,  or  (v)  has  a  qualifying condition, as
    34  defined in section three hundred fifty of the  executive  law,  and  has
    35  received  a  discharge  other than bad conduct or dishonorable from such
    36  service, or (vi) is a discharged LGBT veteran,  as  defined  in  section
    37  three  hundred  fifty of the executive law, and has received a discharge
    38  other than bad conduct or dishonorable from such service, or who  served
    39  as  a  United  States  civilian  Flight Crew and Aviation Ground Support
    40  Employee of Pan American World Airways or one of its subsidiaries or its
    41  affiliates and served overseas as a result of  Pan  American's  contract
    42  with  Air  Transport  Command  or Naval Air Transport Service during the
    43  period of armed conflict, December fourteenth, nineteen  hundred  forty-
    44  one  through  August  fourteenth,  nineteen  hundred forty-five, and who
    45  (vii) was discharged or released therefrom under  honorable  conditions,
    46  or  (viii)  has  a  qualifying  condition,  as  defined in section three
    47  hundred fifty of the executive law, and has received a  discharge  other
    48  than  bad  conduct  or  dishonorable  from  such  service,  or (ix) is a
    49  discharged LGBT veteran, as defined in section three  hundred  fifty  of
    50  the  executive  law, and has received a discharge other than bad conduct
    51  or dishonorable from such service, and who was a teacher in  the  public
    52  schools  of this state at the time of his entrance into the armed forces
    53  of the United States, provided no compensation was  received  under  the
    54  provisions of section two hundred forty-two of the military law, and who
    55  returned  to public school teaching following discharge or completion of
    56  advanced education provided under servicemen's readjustment act of nine-

        A. 8097                             7

     1  teen hundred forty-four, or who  following  such  discharge  or  release
     2  entered  into  a  service  which  would  qualify him pursuant to section
     3  forty-three of the retirement and social security law  to  transfer  his
     4  membership  in  the New York state teachers' retirement system, shall be
     5  provided as follows, any provisions of section two  hundred  forty-three
     6  of the military law to the contrary notwithstanding.
     7    § 11. Subdivision 7 of section 503 of the education law, as amended by
     8  chapter 40 of the laws of 1967, is amended to read as follows:
     9    7.  A teacher, who was a member of the New York state teachers retire-
    10  ment system but who withdrew his accumulated  contributions  immediately
    11  prior  to  his  entry into, or during his service in the armed forces of
    12  the United States in war after World War I, who (i) has  been  honorably
    13  discharged or released from service, or (ii) has a qualifying condition,
    14  as  defined in section three hundred fifty of the executive law, and has
    15  received a discharge other than bad conduct or  dishonorable  from  such
    16  service,  or  (iii)  is a discharged LGBT veteran, as defined in section
    17  three hundred fifty of the executive law, and has received  a  discharge
    18  other  than  bad  conduct or dishonorable from such service, provided no
    19  compensation was received under the provisions of  section  two  hundred
    20  forty-two  of the military law, and who returned to public school teach-
    21  ing in the state of New York following such  discharge  or  release,  or
    22  following  completion  of advanced education provided under servicemen's
    23  readjustment act of  nineteen  hundred  forty-four,  any  provisions  of
    24  section  two  hundred  forty-three  of  the military law to the contrary
    25  notwithstanding, will be entitled to credit for  service  in  war  after
    26  World  War I, cost free, provided, however, that such credit will not be
    27  allowed until he claims and pays for all prior teaching service credited
    28  to him at the time of his termination of  membership  in  the  New  York
    29  state  teachers  retirement  system, and provided further that claim for
    30  such service in war after World War I shall be filed by the member  with
    31  the  retirement  board  before  the  first day of July, nineteen hundred
    32  sixty-eight.
    33    § 12. Paragraph c of subdivision 9 of section  503  of  the  education
    34  law,  as  added  by chapter 801 of the laws of 1962 and as renumbered by
    35  chapter 41 of the laws of 1966, is amended to read as follows:
    36    c. (i) has been  honorably  discharged  or  released  under  honorable
    37  circumstances  from such service, or (ii) has a qualifying condition, as
    38  defined in section three hundred fifty of the  executive  law,  and  has
    39  received  a  discharge  other than bad conduct or dishonorable from such
    40  service, or (iii) is a discharged LGBT veteran, as  defined  in  section
    41  three  hundred  fifty of the executive law, and has received a discharge
    42  other than bad conduct or dishonorable from such service, and
    43    § 13. Paragraph a of subdivision 10 of section 503  of  the  education
    44  law,  as  amended by chapter 616 of the laws of 1995, is amended to read
    45  as follows:
    46    a. In addition to credit for military service pursuant to section  two
    47  hundred  forty-three  of  the  military law and subdivisions six through
    48  nine of this section, a member employed as a  full-time  teacher  by  an
    49  employer  as defined in subdivision three of section five hundred one of
    50  [the education law] this article and who joined  the  retirement  system
    51  prior  to  July first, nineteen hundred seventy-three, may obtain credit
    52  for military service not in excess of  three  years  and  not  otherwise
    53  creditable under section two hundred forty-three of the military law and
    54  subdivisions  six  through nine of this section, rendered on active duty
    55  in the armed forces of the United States during  the  period  commencing
    56  July  first,  nineteen  hundred  forty, and terminating December thirty-

        A. 8097                             8

     1  first, nineteen hundred forty-six, or on service by one who was employed
     2  by the War Shipping Administration or Office of  Defense  Transportation
     3  or  their  agents  as  a merchant seaman documented by the United States
     4  Coast Guard or Department of Commerce, or as a civil servant employed by
     5  the  United  States  Army  Transport  Service (later redesignated as the
     6  United States Army Transportation Corps, Water Division)  or  the  Naval
     7  Transportation  Service;  and who served satisfactorily as a crew member
     8  during the period of armed conflict, December seventh, nineteen  hundred
     9  forty-one,  to  August  fifteenth,  nineteen  hundred forty-five, aboard
    10  merchant vessels in oceangoing, i.e., foreign, intercoastal,  or  coast-
    11  wise  service as such terms are defined under federal law (46 USCA 10301
    12  & 10501) and further to  include  "near  foreign"  voyages  between  the
    13  United  States  and Canada, Mexico, or the West Indies via ocean routes,
    14  or public vessels in oceangoing service or foreign waters  and  who  has
    15  received  a  Certificate  of Release or Discharge from Active Duty and a
    16  discharge certificate, or an  Honorable  Service  Certificate/Report  of
    17  Casualty, from the Department of Defense or on service by one who served
    18  as  a  United States civilian employed by the American Field Service and
    19  served overseas under United States Armies and United States Army Groups
    20  in world war II during the period of armed conflict,  December  seventh,
    21  nineteen  hundred  forty-one through May eighth, nineteen hundred forty-
    22  five, and who (i) was discharged or released therefrom  under  honorable
    23  conditions,  or  (ii)  has a qualifying condition, 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 (iii) is a
    26  discharged LGBT veteran, as defined in section three  hundred  fifty  of
    27  the  executive  law, and has received a discharge other than bad conduct
    28  or dishonorable from such service, or on service by one who served as  a
    29  United  States civilian Flight Crew and Aviation Ground Support Employee
    30  of Pan American World Airways or one of its subsidiaries or  its  affil-
    31  iates  and  served  overseas as a result of Pan American's contract with
    32  Air Transport Command or Naval Air Transport Service during  the  period
    33  of  armed  conflict,  December  fourteenth,  nineteen  hundred forty-one
    34  through August fourteenth, nineteen hundred forty-five, and who (iv) was
    35  discharged or released therefrom under honorable conditions, or (v)  has
    36  a qualifying condition, as defined in section three hundred fifty of the
    37  executive  law,  and  has received a discharge other than bad conduct or
    38  dishonorable from such service, or (vi) is a discharged LGBT veteran, as
    39  defined in section three hundred fifty of the  executive  law,  and  has
    40  received  a  discharge  other than bad conduct or dishonorable from such
    41  service, by a person who was a resident of New York state at the time of
    42  entry into such service and at the time of  being  discharged  therefrom
    43  under  honorable  circumstances,  and who makes the payments required in
    44  accordance with the provisions of this subdivision.
    45    However, no military service shall be creditable under  this  subdivi-
    46  sion  in the case of a member who is receiving a military pension (other
    47  than for disability) for military service in the  armed  forces  of  the
    48  United States.
    49    §  14. Paragraph a of subdivision 10-a of section 503 of the education
    50  law, as amended by chapter 616 of the laws of 1995, is amended  to  read
    51  as follows:
    52    a.  In addition to credit for military service pursuant to section two
    53  hundred forty-three of the military law  and  subdivisions  six  through
    54  nine of this section, a member who joined the retirement system prior to
    55  July first, nineteen hundred seventy-three, and who was not eligible for
    56  credit  for  military service under subdivision ten of this section as a

        A. 8097                             9

     1  result of being on a leave of absence without pay between  July  twenti-
     2  eth,  nineteen  hundred  seventy-six  and  October  fifteenth,  nineteen
     3  hundred seventy-seven or on leave of absence with  less  than  full  pay
     4  between   July  twentieth,  nineteen  hundred  seventy-six  and  October
     5  fifteenth, nineteen hundred seventy-seven, may obtain credit  for  mili-
     6  tary  service  not in excess of three years and not otherwise creditable
     7  under section two hundred forty-three of the military law  and  subdivi-
     8  sions  six  through nine of this section, rendered on active duty in the
     9  armed forces of the United States  during  the  period  commencing  July
    10  first,  nineteen  hundred  forty, and terminating December thirty-first,
    11  nineteen hundred forty-six, or on service by one who was employed by the
    12  War Shipping Administration or Office of Defense Transportation or their
    13  agents as a merchant seaman documented by the United States Coast  Guard
    14  or  Department of Commerce, or as a civil servant employed by the United
    15  States Army Transport Service (later redesignated as the  United  States
    16  Army  Transportation  Corps, Water Division) or the Naval Transportation
    17  Service; and who served satisfactorily as a crew member during the peri-
    18  od of armed conflict, December seventh, nineteen hundred  forty-one,  to
    19  August  fifteenth,  nineteen hundred forty-five, aboard merchant vessels
    20  in oceangoing, i.e., foreign, intercoastal, or coastwise service as such
    21  terms are defined under federal law (46 USCA 10301 & 10501) and  further
    22  to  include "near foreign" voyages between the United States and Canada,
    23  Mexico, or the West Indies via ocean routes, or public vessels in ocean-
    24  going service or foreign waters and who has received  a  Certificate  of
    25  Release or Discharge from Active Duty and a discharge certificate, or an
    26  Honorable Service Certificate/Report of Casualty, from the Department of
    27  Defense,  or  on  service  by one who served as a United States civilian
    28  employed by the American Field Service and served overseas under  United
    29  States  Armies  and United States Army Groups in world war II during the
    30  period of armed conflict, December seventh, nineteen  hundred  forty-one
    31  through  May  eighth,  nineteen  hundred  forty-five,  and  who  (i) was
    32  discharged or released therefrom under honorable conditions, or (ii) has
    33  a qualifying condition, as defined in section three hundred fifty of the
    34  executive law, and has received a discharge other than  bad  conduct  or
    35  dishonorable  from  such service, or (iii) 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 on service by one who served as  a  United  States  civilian
    39  Flight  Crew  and Aviation Ground Support Employee of Pan American World
    40  Airways or one of its subsidiaries or its affiliates and served overseas
    41  as a result of Pan American's contract with  Air  Transport  Command  or
    42  Naval  Air Transport Service during the period of armed conflict, Decem-
    43  ber fourteenth, nineteen hundred forty-one  through  August  fourteenth,
    44  nineteen  hundred  forty-five,  and  who (iv) was discharged or released
    45  therefrom under honorable conditions, or (v) has a qualifying condition,
    46  as defined in section three hundred fifty of the executive law, and  has
    47  received  a  discharge  other than bad conduct or dishonorable from such
    48  service, or (vi) is a discharged LGBT veteran,  as  defined  in  section
    49  three  hundred  fifty of the executive law, and has received a discharge
    50  other than bad conduct or dishonorable from such service,  by  a  person
    51  who  was  a  resident  of  New York state at the time of entry into such
    52  service and at the time of being discharged  therefrom  under  honorable
    53  circumstances,  and  who  makes the payments required in accordance with
    54  the provisions of this subdivision.
    55    However, no military service shall be creditable under  this  subdivi-
    56  sion  in the case of a member who is receiving a military pension (other

        A. 8097                            10

     1  than for disability) for military service in the  armed  forces  of  the
     2  United States.
     3    §  15.  Paragraph (b) of subdivision 1 of section 668 of the education
     4  law, as amended by chapter 616 of the laws of 1995, is amended  to  read
     5  as follows:
     6    (b) December seven, nineteen hundred forty-one to December thirty-one,
     7  nineteen  hundred  forty-six,  or have been employed by the War Shipping
     8  Administration or Office of Defense Transportation or their agents as  a
     9  merchant  seaman  documented by the United States Coast Guard or Depart-
    10  ment of Commerce, or as a civil servant employed by  the  United  States
    11  Army  Transport  Service  (later  redesignated as the United States Army
    12  Transportation  Corps,  Water  Division)  or  the  Naval  Transportation
    13  Service; and who served satisfactorily as a crew member during the peri-
    14  od  of  armed conflict, December seventh, nineteen hundred forty-one, to
    15  August fifteenth, nineteen hundred forty-five, aboard  merchant  vessels
    16  in oceangoing, i.e., foreign, intercoastal, or coastwise service as such
    17  terms  are defined under federal law (46 USCA 10301 & 10501) and further
    18  to include "near foreign" voyages between the United States and  Canada,
    19  Mexico, or the West Indies via ocean routes, or public vessels in ocean-
    20  going  service  or  foreign waters and who has received a Certificate of
    21  Release or Discharge from Active Duty and a discharge certificate, or an
    22  Honorable Service Certificate/Report of Casualty, from the Department of
    23  Defense or have served as a United States civilian employed by the Amer-
    24  ican Field Service and served overseas under United  States  Armies  and
    25  United  States  Army  Groups  in world war II during the period of armed
    26  conflict, December  seventh,  nineteen  hundred  forty-one  through  May
    27  eighth,  nineteen  hundred  forty-five,  and  who  (i) was discharged or
    28  released therefrom under honorable conditions, or (ii) has a  qualifying
    29  condition,  as  defined  in section three hundred fifty of the executive
    30  law, and has received a discharge other than bad conduct or dishonorable
    31  from such service, or (iii) is a discharged LGBT veteran, as defined  in
    32  section  three  hundred  fifty  of the executive law, and has received a
    33  discharge other than bad conduct or dishonorable from such  service,  or
    34  have  served as a United States civilian Flight Crew and Aviation Ground
    35  Support Employee of Pan American World Airways or  one  of  its  subsid-
    36  iaries  or  its affiliates and served overseas as a result of Pan Ameri-
    37  can's contract with Air Transport Command or Naval Air Transport Service
    38  during the period  of  armed  conflict,  December  fourteenth,  nineteen
    39  hundred  forty-one  through  August  fourteenth, nineteen hundred forty-
    40  five, and who (iv) was discharged or released therefrom under  honorable
    41  conditions,  or  (v)  has  a qualifying condition, as defined in section
    42  three hundred fifty of the executive law, and has received  a  discharge
    43  other  than  bad conduct or dishonorable from such service, or (vi) is a
    44  discharged LGBT veteran, as defined in section three  hundred  fifty  of
    45  the  executive  law, and has received a discharge other than bad conduct
    46  or dishonorable from such service.
    47    § 16. Paragraph (b) of subdivision 2 of section 668 of  the  education
    48  law,  as  amended by chapter 390 of the laws of 1995, is amended to read
    49  as follows:
    50    (b) (i) is an honorably discharged veteran of  the  United  States  or
    51  member  of the armed forces of the United States, or (ii) has a qualify-
    52  ing condition, as defined in section three hundred fifty of  the  execu-
    53  tive  law,  and  has  received  a  discharge  other  than bad conduct or
    54  dishonorable from such service, or (iii) is a discharged  LGBT  veteran,
    55  as  defined in section three hundred fifty of the executive law, and has
    56  received a discharge other than bad conduct or  dishonorable  from  such

        A. 8097                            11

     1  service,  who  is  a  resident  of  the state of New York, and who has a
     2  current disability of forty percent or more as a result of an injury  or
     3  illness  which is incurred or was incurred during such military service;
     4  or
     5    § 17. Subdivision 1 of section 668-c of the education law, as added by
     6  chapter 474 of the laws of 2000, is amended to read as follows:
     7    1.  Eligible students. Awards shall be made to Vietnam veterans' resi-
     8  dent children born with Spina Bifida enrolled in approved  undergraduate
     9  or graduate programs at degree granting institutions. For the purpose of
    10  this  section, "Vietnam veteran" shall mean a person who served in Indo-
    11  china at any time from  the  twenty-second  day  of  December,  nineteen
    12  hundred  sixty-one,  to  and  including the seventh day of May, nineteen
    13  hundred seventy-five and (a) was honorably  discharged  from  the  armed
    14  forces  of  the  United  States,  or  (b) has a qualifying condition, as
    15  defined in section three hundred fifty of the  executive  law,  and  has
    16  received  a  discharge  other  than bad conduct or dishonorable from the
    17  armed forces of the United States, or (c) is a discharged LGBT  veteran,
    18  as  defined in section three hundred fifty of the executive law, and has
    19  received a discharge other than bad conduct  or  dishonorable  from  the
    20  armed forces of the United States; "born with Spina Bifida" shall mean a
    21  diagnosis  at  birth  of such disease inclusive of all forms, manifesta-
    22  tions, complications and  associated  medical  conditions  thereof,  but
    23  shall  not  include  Spina  Bifida  Occulta.  Such diagnosis shall be in
    24  accordance with the provisions of the federal Spina Bifida  program  and
    25  shall  be  documented  by  the United States Administration of Veterans'
    26  Affairs.
    27    § 18. Subdivision 1 of section 669-a of the education law, as  amended
    28  by  section 2 of part N of chapter 57 of the laws of 2008, is amended to
    29  read as follows:
    30    1. As used in this section, the following terms shall have the follow-
    31  ing meanings:
    32    a. "Vietnam veteran" means (i) a person who  is  a  resident  of  this
    33  state, (ii) who served in the armed forces of the United States in Indo-
    34  china  at  any  time  from  the  twenty-eighth day of February, nineteen
    35  hundred sixty-one, to and including the seventh  day  of  May,  nineteen
    36  hundred  seventy-five,  and  (iii)  who  was either discharged therefrom
    37  under honorable conditions,  including  but  not  limited  to  honorable
    38  discharge,  discharge  under honorable conditions, or general discharge,
    39  or has a qualifying condition, as defined in section three hundred fifty
    40  of the executive law, and  has  received  a  discharge  other  than  bad
    41  conduct  or  dishonorable  from  such  service,  or is a discharged LGBT
    42  veteran, as defined in section three hundred fifty of the executive law,
    43  and has received a discharge other than bad conduct or dishonorable from
    44  such service.
    45    b. "Persian Gulf veteran" means (i) a person who is a resident of this
    46  state, (ii) who served in the armed forces of the United States  in  the
    47  hostilities  that  occurred  in  the Persian Gulf from the second day of
    48  August, nineteen hundred ninety through the end of such hostilities, and
    49  (iii) who was either discharged therefrom  under  honorable  conditions,
    50  including but not limited to honorable discharge, discharge under honor-
    51  able conditions, or general discharge, or has a qualifying condition, as
    52  defined  in  section  three  hundred fifty of the executive law, and has
    53  received a discharge other than bad conduct or  dishonorable  from  such
    54  service,  or  is  a discharged LGBT veteran, as defined in section three
    55  hundred fifty of the executive law, and has received a  discharge  other
    56  than bad conduct or dishonorable from such service.

        A. 8097                            12

     1    c.  "Afghanistan veteran" means (i) a person who is a resident of this
     2  state, (ii) who served in the armed forces of the United States  in  the
     3  hostilities  that  occurred  in  Afghanistan  from  the  eleventh day of
     4  September, two thousand one, to the end of such hostilities,  and  (iii)
     5  who  was either discharged therefrom under honorable conditions, includ-
     6  ing but not limited to honorable discharge,  discharge  under  honorable
     7  conditions,  or  general  discharge,  or  has a qualifying condition, as
     8  defined in section three hundred fifty of the  executive  law,  and  has
     9  received  a  discharge  other than bad conduct or dishonorable from such
    10  service, or is a discharged LGBT veteran, as defined  in  section  three
    11  hundred  fifty  of the executive law, and has received a discharge other
    12  than bad conduct or dishonorable from such service.
    13    d. "Other eligible combat veteran" means: an individual who (i)  is  a
    14  resident  of  this  state, (ii) served in the armed forces of the United
    15  States in hostilities that occurred after February twenty-eighth,  nine-
    16  teen hundred sixty-one, as evidenced by their receipt of an Armed Forces
    17  Expeditionary  Medal,  Navy Expeditionary Medal, or Marine Corps Expedi-
    18  tionary Medal, and (iii) was either discharged  under  honorable  condi-
    19  tions, including but not limited to honorable discharge, discharge under
    20  honorable  conditions,  or general discharge, or has a qualifying condi-
    21  tion, as defined in section three hundred fifty of  the  executive  law,
    22  and has received a discharge other than bad conduct or dishonorable from
    23  such  service,  or  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.
    26    e. "Part time study" means enrollment for at least three but less than
    27  twelve  semester  hours  per semester, or the equivalent, in an approved
    28  undergraduate or graduate program.
    29    f. "Approved vocational training programs" means programs  offered  by
    30  agencies  approved  by  the  commissioner  for  funding pursuant to this
    31  section. The commissioner shall approve only  such  non-credit  programs
    32  which are at least three hundred twenty clock hours in length, and which
    33  meet  standards  of  instructional quality established in regulations by
    34  the commissioner. These standards shall include, but not be limited  to,
    35  qualifications of administrative and instructional personnel, quality of
    36  facilities and equipment, recordkeeping, admission, grading, attendance,
    37  and  record of placement of completers which meets standards of accepta-
    38  bility as established by the commissioner.
    39    § 19. Subdivision 15 of section 1-104 of the election law  is  amended
    40  to read as follows:
    41    15.  The  term  "veterans'  hospital"  means any sanitarium, hospital,
    42  soldiers' and sailors'  home,  United  States  Veterans'  Administration
    43  Hospital,  or  other  home  or  institution, which is used, operated and
    44  conducted exclusively for the care, maintenance and treatment of persons
    45  serving in [or honorably discharged from] the military or naval  service
    46  or coast guard of the United States or the state of New York, or persons
    47  who (a) were honorably discharged from such service, or (b) have a qual-
    48  ifying condition, as defined in section three hundred fifty of the exec-
    49  utive  law,  and  have  received  a  discharge other than bad conduct or
    50  dishonorable from such service, or (c) are a discharged LGBT veteran, as
    51  defined in section three hundred fifty of the executive  law,  and  have
    52  received  a  discharge  other than bad conduct or dishonorable from such
    53  service.
    54    § 20. Subdivision 4 of section 5-210 of the election law,  as  amended
    55  by chapter 179 of the laws of 2005, is amended to read as follows:

        A. 8097                            13

     1    4.  Any  qualified  person  who has been honorably discharged from the
     2  military after the twenty-fifth day before a general  election,  or  who
     3  has a qualifying condition, as defined in section three hundred fifty of
     4  the  executive  law, and has received a discharge other than bad conduct
     5  or  dishonorable  from  the military after the twenty-fifth day before a
     6  general election, or who is a discharged LGBT  veteran,  as  defined  in
     7  section  three  hundred  fifty  of the executive law, and has received a
     8  discharge other than bad conduct or dishonorable from the military after
     9  the twenty-fifth day before a general election,  or  who  has  become  a
    10  naturalized citizen after the twenty-fifth day before a general election
    11  may  personally  register at the board of elections in the county of his
    12  or her residence and vote in the general election held at least ten days
    13  after such registration.
    14    § 21. Subdivision 13 of section 353 of the executive law, as added  by
    15  chapter 652 of the laws of 2007, is amended to read as follows:
    16    13.  To make application to the government of the United States or any
    17  political subdivision, agency or instrumentality thereof, for funds  for
    18  the  purpose  of providing an optional fund for the burial of [honorably
    19  discharged] veterans who (i) were honorably discharged  or  (ii)  had  a
    20  qualifying  condition, as defined in section three hundred fifty of this
    21  article, and received a discharge other than bad  conduct  or  dishonor-
    22  able,  or  (iii)  were  a discharged LGBT veteran, as defined in section
    23  three hundred fifty of this article, and received a discharge other than
    24  bad conduct or dishonorable, in any not-for-profit cemetery  corporation
    25  in  this  state;  provided,  however, that all costs associated with the
    26  establishment of such optional fund shall  be  borne  by  the  political
    27  subdivision,  agency  or  instrumentality  with  which  the division has
    28  contracted.
    29    § 22. The opening paragraph of subdivision 2 of section 354-c  of  the
    30  executive  law,  as added by chapter 652 of the laws of 2007, is amended
    31  to read as follows:
    32    As provided in subdivision thirteen of section  three  hundred  fifty-
    33  three of this article, there is hereby established within the division a
    34  New  York state veterans burial fund for honorably discharged members of
    35  the armed forces of the United States who were  residents  of  New  York
    36  state  at the time of his or her death who (i) were honorably discharged
    37  from such service, or (ii) had a qualifying  condition,  as  defined  in
    38  section  three  hundred  fifty of this article, and received a discharge
    39  other than bad conduct or dishonorable from such service, or (iii)  were
    40  discharged  LGBT  veterans, as defined in section three hundred fifty of
    41  this article, and  received  a  discharge  other  than  bad  conduct  or
    42  dishonorable from such service.
    43    §  23.  Paragraph  a  of subdivision 1 of section 364 of the executive
    44  law, as amended by chapter 333 of the laws of 1993,  subparagraph  5  as
    45  amended  by  chapter  616  of  the  laws  of 1995, and subparagraph 7 as
    46  amended by chapter 179 of the laws  of  2006,  is  amended  to  read  as
    47  follows:
    48    a.  The word "veteran," as used in this article shall be taken to mean
    49  and include any person who is a resident of the state of New  York,  and
    50  who  (i)  has  been  or  may  be given an honorable, general or ordinary
    51  discharge or any other form of  release  from  such  service,  except  a
    52  dishonorable   discharge,   a  bad  conduct  discharge,  an  undesirable
    53  discharge, a discharge without honor or a discharge for the good of  the
    54  service, or (ii) has a qualifying condition, as defined in section three
    55  hundred  fifty  of this article, and has received a discharge other than
    56  bad conduct or dishonorable from such service, or (iii) is a  discharged

        A. 8097                            14

     1  LGBT veteran, as defined in section three hundred fifty of this article,
     2  and has received a discharge other than bad conduct or dishonorable from
     3  such  service,  and  who  [(i)] (iv) was a recipient of the armed forces
     4  expeditionary  medal,  the  navy expeditionary medal or the marine corps
     5  expeditionary medal for participation in operations in Lebanon from June
     6  first, nineteen hundred eighty-three to December first, nineteen hundred
     7  eighty-seven, in Grenada from  October  twenty-third,  nineteen  hundred
     8  eighty-three to November twenty-first, nineteen hundred eighty-three, or
     9  in Panama from December twentieth, nineteen hundred eighty-nine to Janu-
    10  ary  thirty-first,  nineteen  hundred  ninety,  or  [(ii)] (v) served on
    11  active duty for ninety days or more in the armed forces  of  the  United
    12  States during any one of the following wars or hostilities:
    13    (1)  in  the  Spanish-American war from the twenty-first day of April,
    14  eighteen hundred ninety-eight to the eleventh  day  of  April,  eighteen
    15  hundred ninety-nine, inclusive;
    16    (2) in the Philippine insurrection or the China relief expedition from
    17  the  eleventh  day  of April, eighteen hundred ninety-nine to the fourth
    18  day of July, nineteen hundred two, inclusive;
    19    (3) in the Mexican border campaign from the ninth day of May, nineteen
    20  hundred sixteen, to the fifth day of April, nineteen hundred  seventeen,
    21  inclusive;
    22    (4)  in  world  war  I  from  the sixth day of April, nineteen hundred
    23  seventeen to the eleventh day of November,  nineteen  hundred  eighteen,
    24  inclusive;
    25    (5) in world war II from the seventh day of December, nineteen hundred
    26  forty-one  to  the thirty-first day of December, nineteen hundred forty-
    27  six, inclusive, or who was employed by the War  Shipping  Administration
    28  or Office of Defense Transportation or their agents as a merchant seaman
    29  documented  by  the United States Coast Guard or Department of Commerce,
    30  or as a civil servant employed  by  the  United  States  Army  Transport
    31  Service  (later  redesignated  as  the United States Army Transportation
    32  Corps, Water Division) or the  Naval  Transportation  Service;  and  who
    33  served  satisfactorily  as  a  crew  member  during  the period of armed
    34  conflict,  December  seventh,  nineteen  hundred  forty-one,  to  August
    35  fifteenth,  nineteen  hundred  forty-five,  aboard  merchant  vessels in
    36  oceangoing, i.e., foreign, intercoastal, or coastwise  service  as  such
    37  terms  are defined under federal law (46 USCA 10301 & 10501) and further
    38  to include "near foreign" voyages between the United States and  Canada,
    39  Mexico, or the West Indies via ocean routes, or public vessels in ocean-
    40  going  service  or  foreign waters and who has received a Certificate of
    41  Release or Discharge from Active Duty and a discharge certificate, or an
    42  Honorable Service Certificate/Report of Casualty, from the Department of
    43  Defense, or who served as a United States civilian employed by the Amer-
    44  ican Field Service and served overseas under United  States  Armies  and
    45  United  States  Army  Groups  in world war II during the period of armed
    46  conflict, December  seventh,  nineteen  hundred  forty-one  through  May
    47  eighth,  nineteen  hundred  forty-five,  and  who  (i) was discharged or
    48  released therefrom under honorable conditions, or (ii) has a  qualifying
    49  condition,  as  defined  in section three hundred fifty of this article,
    50  and has received a discharge other than bad conduct or dishonorable from
    51  such service, or (iii) is a  discharged  LGBT  veteran,  as  defined  in
    52  section  three  hundred  fifty  of  this  article,  and  has  received a
    53  discharge other than bad conduct or dishonorable from such  service,  or
    54  who  served  as a United States civilian Flight Crew and Aviation Ground
    55  Support Employee of Pan American World Airways or  one  of  its  subsid-
    56  iaries  or  its affiliates and served overseas as a result of Pan Ameri-

        A. 8097                            15

     1  can's contract with Air Transport Command or Naval Air Transport Service
     2  during the period  of  armed  conflict,  December  fourteenth,  nineteen
     3  hundred  forty-one  through  August  fourteenth, nineteen hundred forty-
     4  five,  and who (iv) was discharged or released therefrom under honorable
     5  conditions, or (v) has a qualifying condition,  as  defined  in  section
     6  three  hundred fifty of this article, and has received a discharge other
     7  than bad conduct or  dishonorable  from  such  service,  or  (vi)  is  a
     8  discharged  LGBT  veteran,  as defined in section three hundred fifty of
     9  this article, and has received a discharge other  than  bad  conduct  or
    10  dishonorable from such service;
    11    (6)  in  the  Korean  hostilities from the twenty-seventh day of June,
    12  nineteen hundred fifty to the  thirty-first  day  of  January,  nineteen
    13  hundred fifty-five, inclusive;
    14    (7)  in  the  Vietnam conflict from the twenty-eighth day of February,
    15  nineteen hundred sixty-one to the seventh day of May,  nineteen  hundred
    16  seventy-five;
    17    (8)  in the Persian Gulf conflict from the second day of August, nine-
    18  teen hundred ninety to the end of such conflict.
    19    § 24. Section 369-a of the executive law, as added by chapter  557  of
    20  the laws of 2013, is amended to read as follows:
    21    § 369-a. Legislative findings. The legislature hereby finds that it is
    22  estimated  that  over  the next five years, forty-four thousand veterans
    23  are expected to return to this state from their military  posts,  making
    24  the  Empire  State home to one of the largest veteran populations in the
    25  country. Shockingly, the unemployment rate for Post-9/11 veterans in New
    26  York was 10.7% in two thousand twelve, which is nearly one percent high-
    27  er than the national average and higher than the  state's  overall  8.2%
    28  unemployment  rate.  The  legislature has found previously that it is in
    29  the interest of the state to ensure that returning veterans have employ-
    30  ment  opportunities  available  upon  their  separation  from   military
    31  service.
    32    The  state  already  encourages  private  businesses  to hire military
    33  veterans through tax credits and other economic incentives. In addition,
    34  the legislature has previously found that state agencies spend  millions
    35  of  dollars  annually on temporary staff hired from temporary employment
    36  service companies to cover temporary  staffing  needs.  These  temporary
    37  state  jobs  could  serve  as  a bridge for recently discharged military
    38  veterans who have yet to find full-time  permanent  work.  In  addition,
    39  these  temporary  assignments could serve to develop the next generation
    40  of the state workforce and help with succession planning for the current
    41  workforce.
    42    The legislature declares it to be the policy  of  this  state  to  use
    43  [honorably  discharged]  veterans  for  temporary  appointments in state
    44  agencies rather than utilizing temporary employment service companies in
    45  order to provide employment opportunities for returning military  veter-
    46  ans.
    47    § 25. Subdivision 7 of section 369-h of the executive law, as added by
    48  chapter 22 of the laws of 2014, is amended to read as follows:
    49    7.  "Veteran"  shall mean a person who served in [and who has received
    50  an honorable or general discharge from,] the United States  army,  navy,
    51  air  force, marines, coast guard, and/or reserves thereof, and/or in the
    52  army national guard, air national guard, New York guard and/or  the  New
    53  York  naval  militia,  and  who (i) has received an honorable or general
    54  discharge from such service, or (ii)  has  a  qualifying  condition,  as
    55  defined in section three hundred fifty of this chapter, and has received
    56  a discharge other than bad conduct or dishonorable from such service, or

        A. 8097                            16

     1  (iii)  is a discharged LGBT veteran, as defined in section three hundred
     2  fifty of this chapter, and has  received  a  discharge  other  than  bad
     3  conduct or dishonorable from such service.
     4    §  26.  Section  13-a  of  the general construction law, as amended by
     5  chapter 616 of the laws of 1995, is amended to read as follows:
     6    § 13-a. Armed forces of the United States. "Armed forces of the United
     7  States" means the army, navy, marine corps, air force and  coast  guard,
     8  including  all  components  thereof,  and the national guard when in the
     9  service of the United States pursuant to call as provided by law. Pursu-
    10  ant to this definition no person shall be considered a member or veteran
    11  of the armed forces of the United States unless his or her service ther-
    12  ein is or was on a full-time active duty basis, other than  active  duty
    13  for  training  or  he  or  she was employed by the War Shipping Adminis-
    14  tration or Office  of  Defense  Transportation  or  their  agents  as  a
    15  merchant  seaman  documented by the United States Coast Guard or Depart-
    16  ment of Commerce, or as a civil servant employed by  the  United  States
    17  Army  Transport  Service  (later  redesignated as the United States Army
    18  Transportation  Corps,  Water  Division)  or  the  Naval  Transportation
    19  Service; and who served satisfactorily as a crew member during the peri-
    20  od  of  armed conflict, December seventh, nineteen hundred forty-one, to
    21  August fifteenth, nineteen hundred forty-five, aboard  merchant  vessels
    22  in oceangoing, i.e., foreign, intercoastal, or coastwise service as such
    23  terms  are defined under federal law (46 USCA 10301 & 10501) and further
    24  to include "near foreign" voyages between the United States and  Canada,
    25  Mexico, or the West Indies via ocean routes, or public vessels in ocean-
    26  going  service  or  foreign waters and who has received a Certificate of
    27  Release or Discharge from Active Duty and a discharge certificate, or an
    28  Honorable Service Certificate/Report of Casualty, from the Department of
    29  Defense or he or she served as a United States civilian employed by  the
    30  American  Field  Service  and served overseas under United States Armies
    31  and United States Army Groups in world war II during the period of armed
    32  conflict, December  seventh,  nineteen  hundred  forty-one  through  May
    33  eighth,  nineteen hundred forty-five, and (i) was discharged or released
    34  therefrom under honorable conditions, or (ii) has  a  qualifying  condi-
    35  tion,  as  defined  in section three hundred fifty of the executive law,
    36  and has received a discharge other than bad conduct or dishonorable from
    37  such service, or (iii) is a  discharged  LGBT  veteran,  as  defined  in
    38  section  three  hundred  fifty  of the executive law, and has received a
    39  discharge other than bad conduct or dishonorable from such  service,  or
    40  he  or  she  served as a United States civilian Flight Crew and Aviation
    41  Ground Support Employee of Pan American World  Airways  or  one  of  its
    42  subsidiaries  or  its  affiliates and served overseas as a result of Pan
    43  American's contract with Air Transport Command or  Naval  Air  Transport
    44  Service  during the period of armed conflict, December fourteenth, nine-
    45  teen hundred  forty-one  through  August  fourteenth,  nineteen  hundred
    46  forty-five,  and  (iv) was discharged or released therefrom under honor-
    47  able conditions, or (v)  has  a  qualifying  condition,  as  defined  in
    48  section  three  hundred  fifty  of the executive law, and has received a
    49  discharge other than bad conduct or dishonorable from such  service,  or
    50  (vi)  is  a discharged LGBT veteran, as defined in section three hundred
    51  fifty of the executive law, and has received a discharge other than  bad
    52  conduct or dishonorable from such service.
    53    §  27.  Paragraph  (a)  of subdivision 1 of section 148 of the general
    54  municipal law, as amended by chapter 613 of the laws of 1986, is amended
    55  to read as follows:

        A. 8097                            17

     1    (a) The board of supervisors in each of the counties, or the board  of
     2  estimate  in  the  city of New York, shall designate some proper person,
     3  association or commission, other than that designated for  the  care  of
     4  burial  of  public  charges or criminals, who shall cause to be interred
     5  the body of any [honorably discharged] member of the armed forces of the
     6  United States who (i) was honorably discharged from such service or (ii)
     7  had a qualifying condition, as defined in section three hundred fifty of
     8  the  executive  law,  and received a discharge other than bad conduct or
     9  dishonorable from such service, or (iii) was a discharged LGBT  veteran,
    10  as  defined  in  section  three  hundred fifty of the executive law, and
    11  received a discharge other than bad conduct or  dishonorable  from  such
    12  service,  or the body of any minor child or either parent, or the spouse
    13  or unremarried surviving spouse of any such member of the  armed  forces
    14  of  the United States, if such person shall hereafter die in a county or
    15  in the city of New York without leaving sufficient means to  defray  his
    16  or her funeral expenses.
    17    §  28.  Paragraph  (b)  of subdivision 2 of section 148 of the general
    18  municipal law, as amended by chapter 63 of the laws of 1976, is  amended
    19  to read as follows:
    20    (b)  The  headstone  at the grave of the spouse or surviving spouse of
    21  such [honorably discharged] member of the armed  forces  of  the  United
    22  States  shall  contain the name of the deceased, the war in which his or
    23  her spouse served and, if possible, the organization to which he or  she
    24  belonged or in which he or she served.
    25    §  29.  Subdivision 1-b of section 247 of the military law, as amended
    26  by section 26 of part AA of chapter 56 of the laws of 2019,  is  amended
    27  to read as follows:
    28    1-b.  The adjutant general is hereby authorized to present in the name
    29  of the legislature of the state of New York, a certificate, to be  known
    30  as  the  "Cold  War Certificate", bearing a suitable inscription, to any
    31  person: (i) who is a citizen of the state of New York or (ii) who was  a
    32  citizen  of  the  state of New York while serving in the armed forces of
    33  the United States; (iii) who served in the United  States  Armed  Forces
    34  during  the  period  of  time  from  September  second, nineteen hundred
    35  forty-five through December twenty-sixth, nineteen  hundred  ninety-one,
    36  commonly  known  as  the  Cold  War  Era;  and  (iv)  who  was honorably
    37  discharged or released under honorable circumstances during the Cold War
    38  Era, or has a qualifying condition, as defined in section three  hundred
    39  fifty  of  the  executive  law,  and received a discharge other than bad
    40  conduct or dishonorable during the Cold War Era, or is a discharged LGBT
    41  veteran, as defined in section three hundred fifty of the executive law,
    42  and received a discharge other than bad conduct or  dishonorable  during
    43  the  Cold  War  Era.  Not  more  than  one Cold War Certificate shall be
    44  awarded or presented, under the provisions of this subdivision,  to  any
    45  person  whose  entire  service  subsequent to the time of the receipt of
    46  such medal shall not have been honorable. In the event of the  death  of
    47  any  person  during  or subsequent to the receipt of such certificate it
    48  shall be presented to such representative of  the  deceased  as  may  be
    49  designated.  The  adjutant general, in consultation with the director of
    50  the division of veterans' services, shall  make  such  rules  and  regu-
    51  lations  as  may  be  deemed  necessary  for the proper presentation and
    52  distribution of the certificate.
    53    § 30. Paragraph 1 of subdivision (a) of section 42 of  the  correction
    54  law,  as  amended by chapter 139 of the laws of 2014, is amended to read
    55  as follows:

        A. 8097                            18

     1    1. There shall  be  within  the  commission  a  citizen's  policy  and
     2  complaint  review  council.  It  shall  consist  of  nine  persons to be
     3  appointed by the governor, by and with the advice  and  consent  of  the
     4  senate. One person so appointed shall have served in the armed forces of
     5  the  United  States in any foreign war, conflict or military occupation,
     6  who (i) was discharged therefrom under other  than  dishonorable  condi-
     7  tions,  or  (ii) has a qualifying condition, as defined in section three
     8  hundred fifty of the executive law, and has received a  discharge  other
     9  than  bad  conduct  or  dishonorable  from  such  service, or (iii) is a
    10  discharged LGBT veteran, as defined in section three  hundred  fifty  of
    11  the  executive  law, and has received a discharge other than bad conduct
    12  or dishonorable from such service, or shall be a  duly  licensed  mental
    13  health  professional  who  has  professional experience or training with
    14  regard to post-traumatic stress syndrome. One person so appointed  shall
    15  be  an  attorney  admitted  to  practice  in  this  state. One person so
    16  appointed shall be a former  inmate  of  a  correctional  facility.  One
    17  person  so appointed shall be a former correction officer. One person so
    18  appointed shall be a former resident of  a  division  for  youth  secure
    19  center  or  a health care professional duly licensed to practice in this
    20  state. One person so appointed shall be a former employee of the  office
    21  of  children  and family services who has directly supervised youth in a
    22  secure residential center operated by  such  office.  In  addition,  the
    23  governor  shall  designate  one  of the full-time members other than the
    24  chairman of the commission as chairman of the council to serve  as  such
    25  at the pleasure of the governor.
    26    § 31. Subdivision 5 of section 605 of the education law, as separately
    27  amended  by chapters 645 and 844 of the laws of 1975, is amended to read
    28  as follows:
    29    5. Regents scholarships for war veterans. Regents scholarships for war
    30  veterans shall be awarded on a competitive basis,  for  study  beginning
    31  with  the  college  year nineteen hundred seventy-five--nineteen hundred
    32  seventy-six. Six hundred such scholarships shall be awarded in such year
    33  to veterans of the armed forces of the United States who have served  on
    34  active  duty  (other  than  for  training) between October one, nineteen
    35  hundred sixty-one and March twenty-nine, nineteen hundred seventy-three,
    36  and who on the date by which applications are required to  be  submitted
    37  (a)  have  been  released  from such active duty on conditions not other
    38  than honorable, or (b)  have  a  qualifying  condition,  as  defined  in
    39  section  three  hundred  fifty of the executive law, and have received a
    40  discharge other than bad conduct or dishonorable from such  service,  or
    41  (c)  are  discharged  LGBT veterans, as defined in section three hundred
    42  fifty of the executive law, and have received a discharge other than bad
    43  conduct or dishonorable from such service. Such  scholarships  shall  be
    44  allocated  to each county in the state in the same ratio that the number
    45  of legal residents in such county, as  determined  by  the  most  recent
    46  federal  census,  bears  to  the total number of residents in the state;
    47  provided, however, that no county shall be allocated fewer  scholarships
    48  than  such county received during the year nineteen hundred sixty-eight-
    49  -sixty-nine.
    50    § 32. Subparagraph 3 of paragraph b of subdivision 3 of section 663 of
    51  the education law, as added by chapter 101  of  the  laws  of  1992,  is
    52  amended to read as follows:
    53    (3) The applicant was enlisted in full time active military service in
    54  the  armed  forces  of  the  United  States  and  (i) has been honorably
    55  discharged from such service, or (ii) has  a  qualifying  condition,  as
    56  defined  in  section  three  hundred fifty of the executive law, and has

        A. 8097                            19

     1  received a discharge other than bad conduct or  dishonorable  from  such
     2  service,  or  (iii)  is a discharged LGBT veteran, as defined in section
     3  three hundred fifty of the executive law, and has received  a  discharge
     4  other than bad conduct or dishonorable from such service, and, provided,
     5  however, that the applicant has not and will not be claimed as a depend-
     6  ent by either parent for purposes of either federal or state income tax.
     7    §  33.  Subdivision 1 of section 3202 of the education law, as amended
     8  by chapter 106 of the laws of 2003, is amended to read as follows:
     9    1. A person over five and under twenty-one years of age  who  has  not
    10  received  a high school diploma is entitled to attend the public schools
    11  maintained in the district in which  such  person  resides  without  the
    12  payment  of  tuition.  Provided further that such person may continue to
    13  attend the public school in such district in the same manner, if  tempo-
    14  rarily  residing  outside the boundaries of the district when relocation
    15  to such temporary residence is a consequence of such person's parent  or
    16  person  in  parental  relationship being called to active military duty,
    17  other than training. Notwithstanding any other provision of law  to  the
    18  contrary, the school district shall not be required to provide transpor-
    19  tation  between  a  temporary  residence  located  outside of the school
    20  district and the school the child attends. A  veteran  of  any  age  who
    21  shall  have  served as a member of the armed forces of the United States
    22  and who (a) shall have been discharged therefrom under conditions  other
    23  than  dishonorable,  or  (b)  has  a qualifying condition, as defined in
    24  section three hundred fifty of the executive law,  and  has  received  a
    25  discharge  other  than bad conduct or dishonorable from such service, or
    26  (c) is a discharged LGBT veteran, as defined in  section  three  hundred
    27  fifty  of the executive law, and has received a discharge other than bad
    28  conduct or dishonorable from such service, may attend any of the  public
    29  schools  of  the state upon conditions prescribed by the board of educa-
    30  tion, and such veterans shall be included in the pupil count  for  state
    31  aid  purposes.  A  nonveteran  under  twenty-one  years  of  age who has
    32  received a high school diploma shall be permitted to attend  classes  in
    33  the  schools of the district in which such person resides or in a school
    34  of a board of cooperative educational services upon payment  of  tuition
    35  under  such  terms and conditions as shall be established in regulations
    36  promulgated by  the  commissioner;  provided,  however,  that  a  school
    37  district  may  waive  the payment of tuition for such nonveteran, but in
    38  any case such a nonveteran who has received a high school diploma  shall
    39  not  be  counted  for  any  state aid purposes. Nothing herein contained
    40  shall, however, require a board  of  education  to  admit  a  child  who
    41  becomes five years of age after the school year has commenced unless his
    42  birthday occurs on or before the first of December.
    43    §  34. Subdivision 4 of section 11-0715 of the environmental conserva-
    44  tion law, as amended by section 6 of part R of chapter 58 of the laws of
    45  2013, is amended to read as follows:
    46    4. A person, resident in the state for at least thirty days immediate-
    47  ly prior to  the  date  of  application,  who  (a)  has  been  honorably
    48  discharged from service in the armed forces of the United States, or (b)
    49  has a qualifying condition, as defined in section three hundred fifty of
    50  the  executive  law, and has received a discharge other than bad conduct
    51  or dishonorable from such service, or (c) is a discharged LGBT  veteran,
    52  as  defined in section three hundred fifty of the executive law, and has
    53  received a discharge other than bad conduct or  dishonorable  from  such
    54  service,  and is certified as having a forty percent or greater service-
    55  connected disability is entitled to receive  all  licenses,  privileges,

        A. 8097                            20

     1  tags, and permits authorized by this title for which he or she is eligi-
     2  ble, except turkey permits, renewable each year for a five dollar fee.
     3    §  35.  Subparagraph  (iv)  of paragraph c of subdivision 1 of section
     4  13-0328 of the environmental conservation law, as amended by chapter  21
     5  of the laws of 2019, is amended to read as follows:
     6    (iv)  licenses  shall  be  issued only to persons who demonstrate in a
     7  manner acceptable to the department that they received an average of  at
     8  least  fifteen  thousand  dollars of income over three consecutive years
     9  from commercial fishing or  fishing,  or  who  successfully  complete  a
    10  commercial  food  fish  apprenticeship  pursuant to subdivision seven of
    11  this section. As used in this subparagraph, "commercial  fishing"  means
    12  the taking and sale of marine resources including fish, shellfish, crus-
    13  tacea  or  other marine biota and "fishing" means commercial fishing and
    14  carrying fishing passengers for hire. Individuals who  wish  to  qualify
    15  based  on  income  from  "fishing"  must hold a valid marine and coastal
    16  district party and charter boat license. No more than ten percent of the
    17  licenses issued each year based on income eligibility pursuant  to  this
    18  paragraph  shall  be  issued to applicants who qualify based solely upon
    19  income derived from operation of or employment by  a  party  or  charter
    20  boat.  For the income evaluation of this subdivision, the department may
    21  consider persons who would otherwise be eligible but for  having  served
    22  in  the  United  States  armed forces on active duty, provided that such
    23  individual (1) has received an honorable or general  discharge,  or  (2)
    24  has a qualifying condition, as defined in section three hundred fifty of
    25  the  executive  law, and has received a discharge other than bad conduct
    26  or dishonorable from such service, or (3) is a discharged LGBT  veteran,
    27  as  defined in section three hundred fifty of the executive law, and has
    28  received a discharge other than bad conduct or  dishonorable  from  such
    29  service, shall not be deemed ineligible.
    30    § 36. Subdivision 1 of section 130 of the executive law, as amended by
    31  section  1 of subpart D of part II of chapter 55 of the laws of 2019, is
    32  amended to read as follows:
    33    1. The secretary of state may appoint and commission as many  notaries
    34  public for the state of New York as in his or her judgment may be deemed
    35  best,  whose  jurisdiction  shall be co-extensive with the boundaries of
    36  the state. The appointment of a notary public shall be  for  a  term  of
    37  four  years. An application for an appointment as notary public shall be
    38  in form and set forth such matters  as  the  secretary  of  state  shall
    39  prescribe.  Every person appointed as notary public must, at the time of
    40  his or her appointment, be a citizen of the United States and  either  a
    41  resident of the state of New York or have an office or place of business
    42  in  New  York  state. A notary public who is a resident of the state and
    43  who moves out of the state but still maintains a place of business or an
    44  office in New York state does not vacate his or her office as  a  notary
    45  public.  A  notary public who is a nonresident and who ceases to have an
    46  office or place of business in this state, vacates his or her office  as
    47  a notary public. A notary public who is a resident of New York state and
    48  moves  out  of  the  state and who does not retain an office or place of
    49  business in this state shall vacate  his  or  her  office  as  a  notary
    50  public.  A  non-resident who accepts the office of notary public in this
    51  state thereby appoints the secretary of state as the  person  upon  whom
    52  process can be served on his or her behalf. Before issuing to any appli-
    53  cant  a commission as notary public, unless he or she be an attorney and
    54  counsellor at law duly admitted to practice in this  state  or  a  court
    55  clerk  of  the unified court system who has been appointed to such posi-
    56  tion after taking a civil service promotional examination in  the  court

        A. 8097                            21

     1  clerk  series of titles, the secretary of state shall satisfy himself or
     2  herself that the applicant is of good moral character,  has  the  equiv-
     3  alent  of  a common school education and is familiar with the duties and
     4  responsibilities  of  a  notary  public; provided, however, that where a
     5  notary public applies, before the expiration of his  or  her  term,  for
     6  reappointment  with  the  county  clerk  or where a person whose term as
     7  notary public shall have expired applies within  six  months  thereafter
     8  for  reappointment as a notary public with the county clerk, such quali-
     9  fying requirements may be waived by the secretary of state, and further,
    10  where an application for reappointment is filed with  the  county  clerk
    11  after  the  expiration  of the aforementioned renewal period by a person
    12  who failed or was unable to re-apply by reason of his or  her  induction
    13  or  enlistment in the armed forces of the United States, such qualifying
    14  requirements may also be waived by the secretary of state, provided such
    15  application for reappointment is made within a period of one year  after
    16  the  military  discharge  of  the  applicant under conditions other than
    17  dishonorable, or if the applicant has a qualifying condition, as defined
    18  in section three hundred fifty of this chapter, within a period  of  one
    19  year after the applicant has received a discharge other than bad conduct
    20  or  dishonorable  from such service, or if the applicant is a discharged
    21  LGBT veteran, as defined in section three hundred fifty of this chapter,
    22  within a period of one year after the applicant has received a discharge
    23  other than bad conduct or dishonorable from such service. In  any  case,
    24  the  appointment  or reappointment of any applicant is in the discretion
    25  of the secretary of state. The secretary of state may suspend or  remove
    26  from  office,  for misconduct, any notary public appointed by him or her
    27  but no such removal shall be made unless the person who is sought to  be
    28  removed shall have been served with a copy of the charges against him or
    29  her and have an opportunity of being heard. No person shall be appointed
    30  as  a  notary  public under this article who has been convicted, in this
    31  state or any other state or territory, of a crime, unless the  secretary
    32  makes  a  finding  in conformance with all applicable statutory require-
    33  ments, including  those  contained  in  article  twenty-three-A  of  the
    34  correction  law,  that  such  convictions  do  not  constitute  a bar to
    35  appointment.
    36    § 37. Subdivisions 1, 2, and 3 of section 32 of the  general  business
    37  law,  subdivisions 1 and 3 as amended by chapter 650 of the laws of 1976
    38  and subdivision 2 as amended by chapter 321 of the  laws  of  1955,  are
    39  amended to read as follows:
    40    1.  Every  [honorably  discharged]  member  of the armed forces of the
    41  United States[,] who (a) was honorably discharged from such service,  or
    42  (b)  has  a  qualifying  condition,  as defined in section three hundred
    43  fifty of the executive law, and has received a discharge other than  bad
    44  conduct  or  dishonorable from such service, or (c) is a discharged LGBT
    45  veteran, as defined in section three hundred fifty of the executive law,
    46  and has received a discharge other than bad conduct or dishonorable from
    47  such service, and who is a resident of this state and a veteran  of  any
    48  war,  or  who shall have served in the armed forces of the United States
    49  overseas, and the surviving spouse of any such veteran, if a resident of
    50  the state, shall have the right to hawk, peddle, vend  and  sell  goods,
    51  wares  or  merchandise  or  solicit  trade upon the streets and highways
    52  within the county of his or her residence, as the case  may  be,  or  if
    53  such county is embraced wholly by a city, within such city, by procuring
    54  a  license for that purpose to be issued as herein provided.  No part of
    55  the lands or premises under the jurisdiction  of  the  division  of  the

        A. 8097                            22

     1  state fair in the department of agriculture and markets, shall be deemed
     2  a street or highway within the meaning of this section.
     3    2. Any such former member of the armed forces of the United States may
     4  present  to the clerk of any county in which he has resided for a period
     5  of at least six months, his original certificate of [honorable]  release
     6  or  discharge  from active duty, or a copy thereof duly certified by the
     7  recording officer or a certificate in lieu of lost discharge issued by a
     8  department of the armed forces of the United  States  which  shall  show
     9  that  the  person  presenting it is a veteran of any war, or that he has
    10  served overseas in the armed forces of the United States. He shall  also
    11  fill  out  a blank which shall when filled out state his name, residence
    12  at the time of application, nature of goods  to  be  sold,  and  if  the
    13  applicant is working on commission or percentage for any person, firm or
    14  corporation,  the  name  and  business  address  of such person, firm or
    15  corporation. This statement shall be signed  by  the  applicant  in  the
    16  presence  of  the  county  clerk, or a deputy designated by him, and the
    17  name on this application and on the original certificate of  [honorable]
    18  release  or  discharge  from active duty shall be compared by the county
    19  clerk to ascertain if the person so applying is the same person named in
    20  the original certificate of [honorable] release or discharge from active
    21  duty. Such county clerk when so satisfied shall issue, without cost,  to
    22  such  former  member of the armed forces of the United States, a license
    23  certifying him to be entitled to the benefits of this section.
    24    3. A copy of this statement shall be attached to the  license  granted
    25  by  the  county clerk and shall remain attached thereto. On presentation
    26  to such clerk of the affidavit of such surviving spouse  and  two  other
    27  residents of the county, that he or she is such surviving spouse, accom-
    28  panied  by such original certificate of [honorable] release or discharge
    29  from active duty of his or her deceased spouse, and the  filing  of  the
    30  statement  hereinabove  required, such county clerk shall issue, without
    31  cost to the surviving spouse, a license certifying the surviving  spouse
    32  to be entitled to the benefits of this section.
    33    §  38.  Section  35 of the general business law, as amended by chapter
    34  550 of the laws of 1978, is amended to read as follows:
    35    § 35. Municipal regulations. This article shall not affect the  appli-
    36  cation of any ordinance, by-law or regulation of a municipal corporation
    37  relating to hawkers and peddlers within the limits of such corporations,
    38  but  the  provisions of this article are to be complied with in addition
    39  to the  requirements  of  any  such  ordinance,  by-law  or  regulation;
    40  provided,  however,  that  no such by-law, ordinance or regulation shall
    41  prevent or in any manner interfere with the hawking or peddling, without
    42  the use of any but a hand driven vehicle, in any street, avenue,  alley,
    43  lane  or  park  of  a municipal corporation, by any honorably discharged
    44  member of the armed forces of the United States who  (1)  was  honorably
    45  discharged  from  such  service,  or  (2) has a qualifying condition, as
    46  defined in section three hundred fifty of the  executive  law,  and  has
    47  received  a  discharge  other than bad conduct or dishonorable from such
    48  service, or (3) is a discharged LGBT  veteran,  as  defined  in  section
    49  three  hundred  fifty of the executive law, and has received a discharge
    50  other than bad conduct or dishonorable from such  service,  and  who  is
    51  physically  disabled  as  a  result  of  injuries  received while in the
    52  service of said armed forces and the holder of a license granted  pursu-
    53  ant to section thirty-two of this article.
    54    §  39.  Paragraph  (a) of subdivision 1 of section 35-a of the general
    55  business law, as added by chapter 227 of the laws of 1998, is amended to
    56  read as follows:

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     1    (a) In cities having a population of one million or more, the official
     2  designated by a local law or ordinance to issue a local license to hawk,
     3  peddle, vend and sell goods, wares or merchandise or solicit trade  upon
     4  the  streets and highways within such city shall issue specialized vend-
     5  ing  licenses  to  [honorably discharged] members of the armed forces of
     6  the United States who (i) were honorably discharged from  such  service,
     7  or (ii) have a qualifying condition, as defined in section three hundred
     8  fifty  of  the  executive  law,  and received a discharge other than bad
     9  conduct or dishonorable from such service, or  (iii)  are  a  discharged
    10  LGBT veteran, as defined in section three hundred fifty of the executive
    11  law,  and  received  a  discharge other than bad conduct or dishonorable
    12  from such service, and who are physically disabled as a result of  inju-
    13  ries  received  while  in  the  service of said armed forces and who are
    14  eligible to hold licenses granted pursuant to section thirty-two of this
    15  article. Such specialized vending licenses shall authorize holders ther-
    16  eof to hawk or peddle within such city in accordance with the provisions
    17  contained in this section. Specialized  vending  licenses  issued  under
    18  this section shall permit the holders thereof to vend on any block face,
    19  and no licensee authorized under this section shall be restricted in any
    20  way from vending in any area, except as provided in this section.
    21    §  40.  Paragraph  (b) of subdivision 3 of section 69-p of the general
    22  business law, as amended by chapter 575 of the laws of 1993, is  amended
    23  to read as follows:
    24    (b) In the case of persons who are or were in the military service and
    25  (i)  have  been  or  will  be  discharged  under  conditions  other than
    26  dishonorable, or (ii) have a qualifying condition, as defined in section
    27  three hundred fifty of the executive law, and received a discharge other
    28  than bad conduct  or  dishonorable  from  such  service,  or  (iii)  are
    29  discharged  LGBT  veterans, as defined in section three hundred fifty of
    30  the executive law, and have received a discharge other than bad  conduct
    31  or  dishonorable from such service, the period of two years specified in
    32  subdivision one of this section need not be continuous.  The  length  of
    33  time such person was engaged in the business of installing, servicing or
    34  maintaining  security or fire alarm systems before entering the military
    35  service may be added to any period of time during which such person  was
    36  or  is  engaged  in the business of installing, servicing or maintaining
    37  security or  fire  alarm  systems  after  the  termination  of  military
    38  service.
    39    §  41.  The  closing  paragraph of section 435 of the general business
    40  law, as added by chapter 801 of the laws of 1946, is amended to read  as
    41  follows:
    42    In the case of persons who are or were in the military service and (a)
    43  have  been  or  will be discharged under conditions other than dishonor-
    44  able, or (b) have a qualifying condition, as defined  in  section  three
    45  hundred  fifty of the executive law, and received a discharge other than
    46  bad conduct or dishonorable from such service,  or  (c)  are  discharged
    47  LGBT  veterans,  as defined in section three hundred fifty of the execu-
    48  tive law, and have received  a  discharge  other  than  bad  conduct  or
    49  dishonorable  from  such  service,  the  period of one year specified in
    50  subdivision one of this section and the period of six  months  specified
    51  in subdivision two of this section need not be continuous. The length of
    52  time  such person was engaged in the practice of barbering before enter-
    53  ing the military service may be added to any period of time during which
    54  such person was or is engaged in the practice  of  barbering  after  the
    55  termination of military service.

        A. 8097                            24

     1    §  42.  Subdivision  1  of section 77 of the general municipal law, as
     2  amended by chapter 476 of the laws  of  2018,  is  amended  to  read  as
     3  follows:
     4    1. A municipal corporation may lease, for not exceeding five years, to
     5  a  post  or posts of the Grand Army of the Republic, Veterans of Foreign
     6  Wars of the United States, American Legion, Catholic War Veterans, Inc.,
     7  Disabled American Veterans, the Army  and  Navy  Union,  U.S.A.,  Marine
     8  Corps  League,  AMVETS,  American  Veterans  of World War II, Jewish War
     9  Veterans of the United States, Inc., Italian American  War  Veterans  of
    10  the  United  States,  Incorporated, Masonic War Veterans of the State of
    11  New York, Inc., Veterans of World War I of the United States of  America
    12  Department  of New York, Inc., Polish-American Veterans of World War II,
    13  Amsterdam, N.Y., Inc., Polish-American Veterans of World War  II,  Sche-
    14  nectady,  N.Y.,  Inc., Polish Legion of American Veterans, Inc., Vietnam
    15  Veterans  of  America  or  other  veteran  organization  of   [honorably
    16  discharged]  members  of  the  armed forces of the United States who (a)
    17  were honorably discharged from such service or  (b)  have  a  qualifying
    18  condition,  as  defined  in section three hundred fifty of the executive
    19  law, and received a discharge other than  bad  conduct  or  dishonorable
    20  from  such  service,  or (c) are discharged LGBT veterans, as defined in
    21  section three hundred  fifty  of  the  executive  law,  and  received  a
    22  discharge  other  than bad conduct or dishonorable from such service, or
    23  to an incorporated organization or an association of  either  active  or
    24  exempt  volunteer  firefighters,  a  public  building  or  part thereof,
    25  belonging to such municipal corporation, except schoolhouses  in  actual
    26  use  as  such, without expense, or at a nominal rent, fixed by the board
    27  or council having charge of such buildings  and  provide  furniture  and
    28  furnishings,  and  heat,  light  and  janitor  service therefor, in like
    29  manner.
    30    § 43. Section 117-c of the highway law, as added by chapter 387 of the
    31  laws of 1998, is amended to read as follows:
    32    § 117-c. Hawking, peddling, vending, sale of goods, wares or  merchan-
    33  dise; Erie county; certain areas. Notwithstanding any law to the contra-
    34  ry,  except  section thirty-five of the general business law, the county
    35  of Erie shall have the power to enact a local law  prohibiting  hawking,
    36  peddling,  vending  and sale of goods, wares or merchandise or solicita-
    37  tion of trade in the right-of-way of county roads  adjacent  to  arenas,
    38  stadiums,  auditoriums  or like facilities, which contain fifty thousand
    39  or more seats, which are used for events likely to attract large numbers
    40  of spectators, including but not limited to home  games  of  a  National
    41  Football  League  franchise.  Provided, however, that the power to enact
    42  such local law shall be subject to the  requirement  that  provision  be
    43  made,  by  lease  agreement,  regulation  or otherwise, for the hawking,
    44  peddling, vending and sales of goods, wares or merchandise or  solicita-
    45  tion  of trade in designated vending areas on the ground of county-owned
    46  lands leased for use as an arena, stadium or auditorium or like facility
    47  which contain fifty thousand or more seats; and  further  provided  that
    48  [honorably  discharged] members of the armed forces of the United States
    49  who (a) were honorably discharged from such service, or (b) have a qual-
    50  ifying condition, as defined in section three hundred fifty of the exec-
    51  utive law, and received a discharge other than bad conduct or  dishonor-
    52  able  from such service, or (c) are discharged LGBT veterans, as defined
    53  in section three hundred fifty of the  executive  law,  and  received  a
    54  discharge  other than bad conduct or dishonorable from such service, and
    55  who are entitled to hawk, vend, sell or peddle merchandise in the public
    56  right-of-way pursuant to sections  thirty-two  and  thirty-five  of  the

        A. 8097                            25

     1  general  business law, shall be given first preference in any assignment
     2  or vending locations or in the allocation of such locations.
     3    §  44.  Subparagraph  (F)  of paragraph 3 of subsection (e) of section
     4  2104 of the insurance law, as amended by chapter  687  of  the  laws  of
     5  2003, is amended to read as follows:
     6    (F) served as a member of the armed forces of the United States at any
     7  time,  and  shall  (i)  have been discharged under conditions other than
     8  dishonorable, or (ii) has a qualifying condition, as defined in  section
     9  three  hundred  fifty of the executive law, and has received a discharge
    10  other than bad conduct or dishonorable from such service, or (iii) is  a
    11  discharged  LGBT  veteran,  as defined in section three hundred fifty of
    12  the executive law, and has received a discharge other than  bad  conduct
    13  or  dishonorable  from such service, and who within three years prior to
    14  his entry into the armed forces held a license as insurance  broker  for
    15  similar lines, provided his application for such license is filed before
    16  one year from the date of final discharge; or
    17    §  45.  Paragraph 2 of subsection (f) of section 2104 of the insurance
    18  law is amended to read as follows:
    19    (2) No license fee shall be required of any person  who  served  as  a
    20  member of the armed forces of the United States at any time, and who (A)
    21  shall have been discharged, under conditions other than dishonorable, or
    22  (B)  has  a  qualifying  condition,  as defined in section three hundred
    23  fifty of the executive law, and has received a discharge other than  bad
    24  conduct  or  dishonorable from such service, or (C) is a discharged LGBT
    25  veteran, as defined in section three hundred fifty of the executive law,
    26  and has received a discharge other than bad conduct or dishonorable from
    27  such service, in a current licensing period, for the  duration  of  such
    28  period.
    29    §  46. Paragraph 11 of subsection (j) of section 2103 of the insurance
    30  law, as added by chapter 769 of the laws of 1984, is amended to read  as
    31  follows:
    32    (11)  No  license  fee shall be required of any person who served as a
    33  member of the armed forces of the United States at any time and who  (A)
    34  shall  have  been  discharged  therefrom,  under  conditions  other than
    35  dishonorable, or (B) has a qualifying condition, as defined  in  section
    36  three  hundred  fifty of the executive law, and has received a discharge
    37  other than bad conduct or dishonorable from such service, or  (C)  is  a
    38  discharged  LGBT  veteran,  as defined in section three hundred fifty of
    39  the executive law, and has received a discharge other than  bad  conduct
    40  or  dishonorable  from  such service, in a current licensing period, for
    41  the duration of such period.
    42    § 47. Paragraph 2 of subsection (i) of section 2108 of  the  insurance
    43  law is amended to read as follows:
    44    (2)  No  license  fee  shall be required of any person who served as a
    45  member of the armed forces of the United States at any time and who  (A)
    46  shall have been discharged, under conditions other than dishonorable, or
    47  (B)  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, or (C) is a discharged LGBT
    50  veteran, as defined in section three hundred fifty of the executive law,
    51  and has received a discharge other than bad conduct or dishonorable from
    52  such service, in a current licensing period, for the  duration  of  such
    53  period.
    54    §  48. Paragraph 10 of subsection (h) of section 2137 of the insurance
    55  law, as added by chapter 499 of the laws of 2009, is amended to read  as
    56  follows:

        A. 8097                            26

     1    (10)  No  license  fee shall be required of any person who served as a
     2  member of the armed forces of the United States at any time and who  (A)
     3  shall  have  been  discharged  therefrom,  under  conditions  other than
     4  dishonorable, or (B) has a qualifying condition, as defined  in  section
     5  three  hundred  fifty of the executive law, and has received a discharge
     6  other than bad conduct or dishonorable from such service, or  (C)  is  a
     7  discharged  LGBT  veteran,  as defined in section three hundred fifty of
     8  the executive law, and has received a discharge other than  bad  conduct
     9  or  dishonorable  from  such service, in a current licensing period, for
    10  the duration of such period.
    11    § 49. Paragraph 11 of subsection (i) of section 2139 of the  insurance
    12  law, as added by section 14 of part V of chapter 57 of the laws of 2014,
    13  is amended to read as follows:
    14    (11)  No  license  fee shall be required of any person who served as a
    15  member of the armed forces of the United States at any time, and who (A)
    16  shall  have  been  discharged  therefrom  under  conditions  other  than
    17  dishonorable,  or  (B) has a qualifying condition, as defined in section
    18  three hundred fifty of the executive law, and has received  a  discharge
    19  other  than  bad  conduct or dishonorable from such service, or (C) is a
    20  discharged LGBT veteran, as defined in section three  hundred  fifty  of
    21  the  executive  law, and has received a discharge other than bad conduct
    22  or dishonorable from such service, in a current licensing period for the
    23  duration of such period.
    24    § 50. Section 466 of the judiciary law, as amended by chapter  455  of
    25  the laws of 1960, is amended to read as follows:
    26    §  466. Attorney's oath of office. Each person, admitted as prescribed
    27  in this chapter must, upon his or her admission, take the constitutional
    28  oath of office in open court, and subscribe the same in a roll or  book,
    29  to  be  kept in the office of the clerk of the appellate division of the
    30  supreme court for that purpose.
    31    Any person now in actual service in the armed  forces  of  the  United
    32  States  or  whose induction or enlistment therein is imminent, or within
    33  sixty days after [he] such person (1) has been honorably discharged,  or
    34  (2) has received a discharge other than bad conduct or dishonorable from
    35  such  service,  if such person has a qualifying condition, as defined in
    36  section three hundred fifty of the executive law, or (3) has received  a
    37  discharge  other  than bad conduct or dishonorable from such service, if
    38  such person is a discharged LGBT veteran, as defined  in  section  three
    39  hundred  fifty  of  the  executive law, if the appellate division of the
    40  supreme court in the department in which such person resides is  not  in
    41  session, may subscribe and take the oath before a justice of that court,
    42  with the same force and effect as if it were taken in open court, except
    43  that in the first department the oath must be taken before the presiding
    44  justice or, in his or her absence, before the senior justice.
    45    §  51.  Subdivision  3  of section 20 of the military law, as added by
    46  chapter 825 of the laws of 1950, is amended to read as follows:
    47    3. Any person who has served as a commissioned or warrant  officer  in
    48  the  organized  militia  or in the armed forces of the United States and
    49  (a) has been honorably discharged therefrom, or  (b)  has  a  qualifying
    50  condition,  as  defined  in section three hundred fifty of the executive
    51  law, and has received a discharge other than bad conduct or dishonorable
    52  from such service, or (c) is a discharged LGBT veteran,  as  defined  in
    53  section  three  hundred  fifty  of the executive law, and has received a
    54  discharge other than bad conduct or dishonorable from such service,  may
    55  be  commissioned  and  placed  on  the state reserve list in the highest

        A. 8097                            27

     1  grade previously held by him after complying with such conditions as may
     2  be prescribed by regulations issued pursuant to this chapter.
     3    §  52. Subdivision 2 of section 238 of the military law, as amended by
     4  chapter 302 of the laws of 1967, is amended to read as follows:
     5    2. Any person, except members  of  the  armed  forces  of  the  United
     6  States,  members  of  the  organized militia of this or any other state,
     7  personnel  of  the  independent  military  organizations  designated  in
     8  section two hundred forty of this article, members of associations whol-
     9  ly  composed of persons who (a) were honorably discharged from the armed
    10  forces of the United States, or (b)  have  a  qualifying  condition,  as
    11  defined  in  section  three hundred fifty of the executive law, and have
    12  received a discharge other than bad conduct  or  dishonorable  from  the
    13  armed  forces of the United States, or (c) are discharged LGBT veterans,
    14  as defined in section three hundred fifty of the executive law, and have
    15  received a discharge other than bad conduct  or  dishonorable  from  the
    16  armed  forces  of  the United States, and members of associations wholly
    17  composed of sons of veterans of any war of the United States, who  shall
    18  wear any uniform or any device, strap, knot or insignia of any design or
    19  character used as a designation of grade, rank or office, such as are by
    20  law  or  by  regulation, duly promulgated, prescribed for the use of the
    21  organized militia or similar thereto; or,
    22    § 53. Paragraphs (b) and (c) of subdivision 1 of section  243  of  the
    23  military  law,  paragraph  (b)  as amended by chapter 248 of the laws of
    24  2001 and paragraph (c) as added by chapter 420 of the laws of 1953,  are
    25  amended to read as follows:
    26    (b)  The term "military duty" shall mean military service in the mili-
    27  tary, naval, aviation or marine service of the United States  subsequent
    28  to  July  first,  nineteen hundred forty, or service under the selective
    29  training and service act of nineteen  hundred  forty,  or  the  national
    30  guard  and  reserve officers mobilization act of nineteen hundred forty,
    31  or any other act of congress supplementary or amendatory thereto, or any
    32  similar act of congress hereafter enacted and irrespective of  the  fact
    33  that  such  service  was  entered  upon following a voluntary enlistment
    34  therefor or was required under one of the foregoing acts of congress, or
    35  service with the United States public health service as  a  commissioned
    36  officer,  or  service  with  the American Red Cross while with the armed
    37  forces of the United States on foreign  service,  or  service  with  the
    38  special  services  section  of  the armed forces of the United States on
    39  foreign service, or service in the merchant marine which  shall  consist
    40  of  service as an officer or member of the crew on or in connection with
    41  a vessel documented under the laws of the  United  States  or  a  vessel
    42  owned  by, chartered to, or operated by or for the account or use of the
    43  government of the United States, or service by one who was  employed  by
    44  the  War  Shipping Administration or Office of Defense Transportation or
    45  their agents as a merchant seaman documented by the United States  Coast
    46  Guard  or  Department of Commerce, or as a civil servant employed by the
    47  United States Army Transport Service (later redesignated as  the  United
    48  States Army Transportation Corps, Water Division) or the Naval Transpor-
    49  tation  Service;  and  who served satisfactorily as a crew member during
    50  the period of armed conflict, December seventh, nineteen hundred  forty-
    51  one,  to  August fifteenth, nineteen hundred forty-five, aboard merchant
    52  vessels in oceangoing, i.e., foreign, intercoastal, or coastwise service
    53  as such terms are defined under federal law (46 USCA 10301 & 10501)  and
    54  further  to include "near foreign" voyages between the United States and
    55  Canada, Mexico, or the West Indies via ocean routes, or  public  vessels
    56  in  oceangoing  service or foreign waters and who has received a Certif-

        A. 8097                            28

     1  icate of Release or Discharge from Active Duty and a  discharge  certif-
     2  icate,  or an Honorable Service Certificate/Report of Casualty, from the
     3  Department of Defense,  or  who  served  as  a  United  States  civilian
     4  employed  by the American Field Service and served overseas under United
     5  States Armies and United States Army Groups in world war II  during  the
     6  period  of  armed conflict, December seventh, nineteen hundred forty-one
     7  through May  eighth,  nineteen  hundred  forty-five,  and  who  (i)  was
     8  discharged or released therefrom under honorable conditions, or (ii) has
     9  a qualifying condition, as defined in section three hundred fifty of the
    10  executive  law,  and  has received a discharge other than bad conduct or
    11  dishonorable from such service, or (iii) is a discharged  LGBT  veteran,
    12  as  defined in section three hundred fifty of the executive law, and has
    13  received a discharge other than bad conduct or  dishonorable  from  such
    14  service,  or  who  served  as  a  United States civilian Flight Crew and
    15  Aviation Ground Support Employee of Pan American World Airways or one of
    16  its subsidiaries or its affiliates and served overseas as  a  result  of
    17  Pan  American's  contract with Air Transport Command or Naval Air Trans-
    18  port Service during the period of armed conflict,  December  fourteenth,
    19  nineteen  hundred  forty-one through August fourteenth, nineteen hundred
    20  forty-five, and who (iv) was  discharged  or  released  therefrom  under
    21  honorable  conditions,  or (v) has a qualifying condition, as defined in
    22  section three hundred fifty of the executive law,  and  has  received  a
    23  discharge  other  than bad conduct or dishonorable from such service, or
    24  (vi) is a discharged LGBT veteran, as defined in section  three  hundred
    25  fifty  of the executive law, and has received a discharge other than bad
    26  conduct or dishonorable from such service; or service in police duty  on
    27  behalf  of  the  United  States government in a foreign country, if such
    28  person is a police officer, as defined by section 1.20 of  the  criminal
    29  procedure  law, and if such police officer obtained the prior consent of
    30  his or her public employer to absent himself or herself from his or  her
    31  position to engage in the performance of such service; or as an enrollee
    32  in the United States maritime service on active duty and, to such extent
    33  as  may  be  prescribed  by  or under the laws of the United States, any
    34  period awaiting assignment to such service and any period  of  education
    35  or  training  for  such  service  in any school or institution under the
    36  jurisdiction of the United States  government,  but  shall  not  include
    37  temporary and intermittent gratuitous service in any reserve or auxilia-
    38  ry  force.  It  shall  include time spent in reporting for and returning
    39  from military duty and shall be  deemed  to  commence  when  the  public
    40  employee  leaves  his  position  and to end when he is reinstated to his
    41  position, provided such reinstatement is within ninety  days  after  the
    42  termination  of  military duty, as hereinafter defined.  Notwithstanding
    43  the foregoing provisions of this paragraph,  the  term  "military  duty"
    44  shall not include any of the foregoing services entered upon voluntarily
    45  on  or after January first, nineteen hundred forty-seven and before June
    46  twenty-fifth, nineteen hundred fifty; and, on or after July first, nine-
    47  teen hundred seventy, the term "military duty"  shall  not  include  any
    48  voluntary  service in excess of four years performed after that date, or
    49  the total of any voluntary services, additional or otherwise, in  excess
    50  of four years performed after that date, shall not exceed five years, if
    51  the  service  in  excess  of  four  years  is at the request and for the
    52  convenience of the federal government, except if such voluntary  service
    53  is  performed  during a period of war, or national emergency declared by
    54  the president.
    55    (c) The term "termination of military duty" shall mean the date  of  a
    56  certificate  of  honorable  discharge  or a certificate of completion of

        A. 8097                            29

     1  training and service as set forth in the selective training and  service
     2  act  of nineteen hundred forty, and the national guard and reserve offi-
     3  cers mobilization act of nineteen hundred forty or, or a certificate  of
     4  release or discharge from active duty where an employee (i) has a quali-
     5  fying condition, as defined in section three hundred fifty of the execu-
     6  tive  law,  and  has  received  a  discharge  other  than bad conduct or
     7  dishonorable from such service, or (ii) is a discharged LGBT veteran, as
     8  defined in section three hundred fifty of the  executive  law,  and  has
     9  received  a  discharge  other than bad conduct or dishonorable from such
    10  service, or in the event of the incurrence  of  a  temporary  disability
    11  arising  out  of  and  in  the course of such military duty, the date of
    12  termination of such disability. The existence and  termination  of  such
    13  temporary disability, in the case of a public employee occupying a posi-
    14  tion  in the classified civil service or of a person on an eligible list
    15  for a position in such service, shall be determined by the civil service
    16  commission having jurisdiction over such position and, in the case of  a
    17  public  employee  occupying  a  position  not  in  the  classified civil
    18  service, shall be determined by the officer or body having the power  of
    19  appointment.
    20    §  54.  Subparagraphs  1  and 2 of paragraph (a) of subdivision 4-b of
    21  section 243 of the military law, subparagraph 1 as  amended  by  chapter
    22  739  of the laws of 1987 and subparagraph 2 as amended by chapter 467 of
    23  the laws of 1991, are amended to read as follows:
    24    (1) "New York city veteran of world war II". Any  member  of  the  New
    25  York  city  employees'  retirement system in city-service who, after his
    26  last membership in such system began, served as a member  of  the  armed
    27  forces  of  the  United  States  during the period beginning on December
    28  seventh, nineteen hundred forty-one and ending on December thirty-first,
    29  nineteen hundred forty-six, and (i) was honorably discharged or released
    30  under honorable circumstances from such service, or (ii) has a  qualify-
    31  ing  condition,  as defined in section three hundred fifty of the execu-
    32  tive law, and has  received  a  discharge  other  than  bad  conduct  or
    33  dishonorable  from  such service, or (iii) is a discharged LGBT veteran,
    34  as defined in section three hundred fifty of the executive law, and  has
    35  received  a  discharge  other than bad conduct or dishonorable from such
    36  service.
    37    (2) "New York city veteran of the Korean conflict." Any member of  the
    38  New  York  city  employees' retirement system in city-service who, after
    39  his last membership in such system began, served  as  a  member  of  the
    40  armed  forces  of  the  United States during the period beginning on the
    41  twenty-seventh of June, nineteen hundred fifty and ending on  the  thir-
    42  ty-first day of January, nineteen hundred fifty-five, and (i) was honor-
    43  ably  discharged  or  released  under  honorable circumstances from such
    44  service, or (ii) has a qualifying condition, as defined in section three
    45  hundred fifty of the executive law, and has received a  discharge  other
    46  than  bad  conduct  or  dishonorable  from  such  service, or (iii) is a
    47  discharged LGBT veteran, as defined in section three  hundred  fifty  of
    48  the  executive  law, and has received a discharge other than bad conduct
    49  or dishonorable from such service.
    50    § 55. Section 245 of the military law, as amended by  chapter  713  of
    51  the laws of 1964, is amended to read as follows:
    52    § 245. Retirement allowances of certain war veterans.  Any member of a
    53  teachers' retirement system to which the city of New York is required by
    54  law to make contributions on account of such member who (i) is an honor-
    55  ably  discharged  member of any branch of the armed forces of the United
    56  States, or (ii) has a qualifying condition, as defined in section  three

        A. 8097                            30

     1  hundred  fifty  of the executive law, and has received a discharge other
     2  than bad conduct or dishonorable, or (iii) is a discharged LGBT veteran,
     3  as defined in section three hundred fifty of the executive law, and  has
     4  received  a  discharge  other  than  bad conduct or dishonorable, having
     5  served as such during the time of war and who has attained  the  age  of
     6  fifty years, may retire upon his own request upon written application to
     7  the  board  setting  forth at what time not less than thirty days subse-
     8  quent to the execution and filing thereof  he  desires  to  be  retired,
     9  provided  that  such  member at the time so specified for his retirement
    10  shall have completed at least twenty-five years  of  allowable  service.
    11  Upon retirement such member shall receive an annuity of equivalent actu-
    12  arial  value  to his accumulated deductions, and, in addition, a pension
    13  beginning immediately, having a value equal to the present value of  the
    14  pension  that  would have become payable had he continued at his current
    15  salary to the age at which he  would  have  first  become  eligible  for
    16  service  retirement,  provided,  however, that the said member on making
    17  application for retirement shall pay into the retirement fund a  sum  of
    18  money  which  calculated  on an actuarial basis, together with his prior
    19  contributions and other accumulations in said fund then to  his  credit,
    20  shall  be  sufficient to entitle the said member to the same annuity and
    21  pension that he would have received had he remained in  the  service  of
    22  the  city until he had attained the age at which he otherwise would have
    23  first become eligible for service retirement.
    24    Notwithstanding any other provision of this section or of any general,
    25  special or local law or code to the  contrary,  a  member  of  any  such
    26  teachers'  retirement  system  who  (i) is separated or discharged under
    27  honorable conditions from any branch of the armed forces of  the  United
    28  States,  or (ii) has a qualifying condition, as defined in section three
    29  hundred fifty of the executive law, and has received a  discharge  other
    30  than bad conduct or dishonorable, or (iii) is a discharged LGBT veteran,
    31  as  defined in section three hundred fifty of the executive law, and has
    32  received a discharge other than  bad  conduct  or  dishonorable,  having
    33  served  as  such  during the time of war and who has attained the age of
    34  fifty years, may retire upon his own request upon written application to
    35  the board setting forth at what time, not less than thirty  days  subse-
    36  quent  to  the  execution  and filing thereof, he desires to be retired,
    37  provided that such member at that time so specified for  his  retirement
    38  shall  have  completed  at least twenty-five years of allowable service.
    39  Upon reaching his  previously  selected  minimum  retirement  age,  such
    40  member  shall  receive an annuity of equivalent actuarial value, at that
    41  time, to his accumulated deductions, and, in addition, a  pension  based
    42  upon  his  credited years of allowable service, plus the pension-for-in-
    43  creased-take-home-pay, if any.  Should such member die  before  reaching
    44  his  retirement  age, then any beneficiary under a selected option shall
    45  be eligible for benefits under such option at the date  upon  which  the
    46  member would have reached his selected retirement age.
    47    §  56. Section 249 of the military law, as added by chapter 420 of the
    48  laws of 1953, is amended to read as follows:
    49    § 249. State and municipal officers and employees  granted  leaves  of
    50  absence  on  July fourth in certain cases.  Each officer and employee of
    51  the state or of a municipal corporation or of any other political subdi-
    52  vision thereof who was a member of the national guard or  naval  militia
    53  or  a  member  of the reserve corps at a time when the United States was
    54  not at war and who (i) has been honorably discharged therefrom, or  (ii)
    55  has a qualifying condition, as defined in section three hundred fifty of
    56  the  executive  law, and has received a discharge other than bad conduct

        A. 8097                            31

     1  or dishonorable from such service, or (iii) is a discharged LGBT  veter-
     2  an,  as defined in section three hundred fifty of the executive law, and
     3  has received a discharge other than bad  conduct  or  dishonorable  from
     4  such  service,  shall,  in  so far as practicable, be entitled to absent
     5  himself from his duties or service, with pay, on  July  fourth  of  each
     6  year.    Notwithstanding the provisions of any general, special or local
     7  law or the provisions of any city charter, no such officer  or  employee
     8  shall  be  subjected  by  any  person whatever directly or indirectly by
     9  reason of such absence to any loss or diminution of vacation or  holiday
    10  privilege  or  be prejudiced by reason of such absence with reference to
    11  promotion or continuance in office or employment or to reappointment  to
    12  office or to re-employment.
    13    §  57.  Subdivision  3  of section 1271 of the private housing finance
    14  law, as added by section 1 of part Y of chapter 56 of the laws of  2018,
    15  is amended to read as follows:
    16    3. "Veteran" shall mean a resident of this state who (a) has served in
    17  the  United States army, navy, marine corps, air force or coast guard or
    18  (b) has served on active duty or ordered to active duty as defined in 10
    19  USC 101 (d)(1) as a member of the national guard or other reserve compo-
    20  nent of the armed forces of the United  States  or  (c)  has  served  on
    21  active  duty or ordered to active duty for the state, as a member of the
    22  state organized militia as defined in subdivision nine of section one of
    23  the military law, and has been released from such service documented  by
    24  an  honorable  or  general  discharge, or has a qualifying condition, as
    25  defined in section three hundred fifty of the  executive  law,  and  has
    26  received  a  discharge  other than bad conduct or dishonorable from such
    27  service, or is a discharged LGBT veteran, as defined  in  section  three
    28  hundred  fifty  of the executive law, and has received a discharge other
    29  than bad conduct or dishonorable from such service.
    30    § 58. Subdivision 8-a of section 2165 of the  public  health  law,  as
    31  added by chapter 542 of the laws of 1998, is amended to read as follows:
    32    8-a. Proof of [honorable] discharge from the armed services within ten
    33  years  from the date of application to an institution shall qualify as a
    34  certificate enabling a student to attend the institution pending  actual
    35  receipt of immunization records from the armed services. If while await-
    36  ing the receipt of actual immunization records a health risk shall arise
    37  at an institution, a student presenting a certificate under the terms of
    38  this subdivision shall be removed from the institution if proper immuni-
    39  zation cannot be proved or otherwise rectified.
    40    §  59.  The  opening  paragraph  and paragraph (d) of subdivision 1 of
    41  section 2632 of the public health law, as amended by chapter 414 of  the
    42  laws of 2015, are amended to read as follows:
    43    Every  veteran  of  the armed forces of the United States, who (i) (A)
    44  was separated or discharged under honorable conditions after serving  on
    45  active  duty  therein  for a period of not less than thirty days, or (B)
    46  has a qualifying condition, as defined in section three hundred fifty of
    47  the executive law, and has received a discharge other than  bad  conduct
    48  or dishonorable after serving on active duty therein for a period of not
    49  less  than  thirty days, or (C) is a discharged LGBT veteran, as defined
    50  in section three hundred fifty of the executive law, and has received  a
    51  discharge other than bad conduct or dishonorable after serving on active
    52  duty  therein for a period of not less than thirty days, or (ii) (A) was
    53  separated or discharged under  honorable  conditions  after  serving  on
    54  active duty therein for a period of not less than thirty days or (B) has
    55  a qualifying condition, as defined in section three hundred fifty of the
    56  executive  law,  and  has received a discharge other than bad conduct or

        A. 8097                            32

     1  dishonorable after serving on active duty therein for a  period  of  not
     2  less  than  thirty days, or (C) is a discharged LGBT veteran, as defined
     3  in section three hundred fifty of the executive law, and has received  a
     4  discharge other than bad conduct or dishonorable after serving on active
     5  duty  therein  for  a period of not less than thirty days, and who was a
     6  recipient of the armed forces expeditionary  medal,  navy  expeditionary
     7  medal  or  marine  corps  expeditionary medal for participation in oper-
     8  ations in Lebanon from June  first,  nineteen  hundred  eighty-three  to
     9  December  first,  nineteen hundred eighty-seven, in Grenada from October
    10  twenty-third, nineteen hundred eighty-three  to  November  twenty-first,
    11  nineteen  hundred  eighty-three,  or  in Panama from December twentieth,
    12  nineteen hundred eighty-nine to January thirty-first,  nineteen  hundred
    13  ninety,  or in Bosnia and Herzgegovina from November twenty-first, nine-
    14  teen hundred ninety-five to November first, two thousand seven, or was a
    15  recipient of the Kosovo campaign medal or (iii)  (A)  was  separated  or
    16  discharged under honorable conditions after serving on active duty ther-
    17  ein  for  a  period of not less than thirty days or (B) has a qualifying
    18  condition, as defined in section three hundred fifty  of  the  executive
    19  law, and has received a discharge other than bad conduct or dishonorable
    20  after serving on active duty therein for a period of not less than thir-
    21  ty  days,  or  (C)  is  a discharged LGBT veteran, as defined in section
    22  three hundred fifty of the executive law, and has received  a  discharge
    23  other  than  bad  conduct  or  dishonorable after serving on active duty
    24  therein for a period of not less than thirty days, and who served during
    25  the period of actual hostilities of either
    26    (d) world war II between December seventh, nineteen hundred  forty-one
    27  and  December  thirty-first, nineteen hundred forty-six, both inclusive,
    28  or who was employed by the War  Shipping  Administration  or  Office  of
    29  Defense  Transportation  or their agents as a merchant seaman documented
    30  by the United States Coast Guard or Department  of  Commerce,  or  as  a
    31  civil  servant  employed  by  the  United  States Army Transport Service
    32  (later redesignated as the  United  States  Army  Transportation  Corps,
    33  Water  Division)  or  the  Naval  Transportation Service; and who served
    34  satisfactorily as a crew member during the  period  of  armed  conflict,
    35  December seventh, nineteen hundred forty-one, to August fifteenth, nine-
    36  teen  hundred  forty-five,  aboard merchant vessels in oceangoing, i.e.,
    37  foreign, intercoastal, or coastwise service as such  terms  are  defined
    38  under  federal  law (46 USCA 10301 & 10501) and further to include "near
    39  foreign" voyages between the United States and Canada,  Mexico,  or  the
    40  West Indies via ocean routes, or public vessels in oceangoing service or
    41  foreign  waters  and  who  has  received  a  Certificate  of  Release or
    42  Discharge from Active Duty and a discharge certificate, or an  Honorable
    43  Service  Certificate/Report of Casualty, from the Department of Defense,
    44  or who served as a United States civilian employed by the American Field
    45  Service and served overseas under United States Armies and United States
    46  Army Groups in world war II during the period of armed conflict,  Decem-
    47  ber  seventh,  nineteen  hundred  forty-one through May eighth, nineteen
    48  hundred forty-five, and who (i) was  discharged  or  released  therefrom
    49  under  honorable  conditions,  or  (ii)  has  a qualifying condition, as
    50  defined in section three hundred fifty of the  executive  law,  and  has
    51  received  a  discharge  other than bad conduct or dishonorable from such
    52  service, or (iii) is a discharged LGBT veteran, as  defined  in  section
    53  three  hundred  fifty of the executive law, and has received a discharge
    54  other than bad conduct or dishonorable from such service, or who  served
    55  as  a  United  States  civilian  Flight Crew and Aviation Ground Support
    56  Employee of Pan American World Airways or one of its subsidiaries or its

        A. 8097                            33

     1  affiliates and served overseas as a result of  Pan  American's  contract
     2  with  Air  Transport  Command  or Naval Air Transport Service during the
     3  period of armed conflict, December fourteenth, nineteen  hundred  forty-
     4  one through August fourteenth, nineteen hundred forty-five, and who (iv)
     5  was  discharged or released therefrom under honorable conditions, or (v)
     6  has a qualifying condition, as defined in section three hundred fifty of
     7  the executive law, and has received a discharge other than  bad  conduct
     8  or dishonorable from such service, or (vi) is a discharged LGBT veteran,
     9  as  defined in section three hundred fifty of the executive law, and has
    10  received a discharge other than bad conduct or  dishonorable  from  such
    11  service; or
    12    § 60. Subdivision 3 of section 3422 of the public health law, as added
    13  by chapter 854 of the laws of 1971, is amended to read as follows:
    14    3.  A  candidate  who fails to attain a passing grade on his licensing
    15  examination is entitled to a maximum of three re-examinations; provided,
    16  however, that if such candidate fails to attain a passing  grade  within
    17  three  years  after  completion  of  his  training, he must requalify in
    18  accordance with the provisions of the public health law  and  rules  and
    19  regulations  promulgated thereunder existing and in force as of the date
    20  of subsequent application  for  licensing  examination,  except  that  a
    21  satisfactorily  completed  required  course  of study need not be recom-
    22  pleted. A candidate inducted into the armed forces of the United  States
    23  during or after completion of training may (a) after honorable discharge
    24  or  (b)  after  a discharge other than bad conduct or dishonorable where
    25  the candidate (i) has a qualifying  condition,  as  defined  in  section
    26  three  hundred  fifty of the executive law, or (ii) is a discharged LGBT
    27  veteran, as defined in section three hundred fifty of the executive law,
    28  and upon proper application as required by the  department  be  eligible
    29  for an exemption with respect to time served in such service.
    30    § 61. Subparagraph 2 of paragraph b of subdivision 1 of section 156 of
    31  the  public  housing law, as amended by chapter 639 of the laws of 1968,
    32  is amended to read as follows:
    33    (2) (i) have been thereafter discharged or  released  therefrom  under
    34  conditions other than dishonorable, or (ii) have a qualifying condition,
    35  as defined in section three hundred fifty of the executive law, and have
    36  received  a  discharge  other than bad conduct or dishonorable from such
    37  service, or (iii) are discharged LGBT veterans, as  defined  in  section
    38  three  hundred fifty of the executive law, and have received a discharge
    39  other than bad conduct or dishonorable from such service, or  (iv)  died
    40  in  such service, not more than five years prior to the time of applica-
    41  tion for admission to such project, and
    42    § 62. Section 63 of the public officers law, as amended by chapter 179
    43  of the laws of 2006, is amended to read as follows:
    44    § 63. Leave of absence for veterans on Memorial day and Veterans' day.
    45  It shall be the duty of the head of every public department and of every
    46  court of the state of New York, of every superintendent  or  foreman  on
    47  the  public  works  of said state, of the county officers of the several
    48  counties of said state, of the town officers of  the  various  towns  in
    49  this  state, of the fire district officers of the various fire districts
    50  in this state, and of the head of every department, bureau and office in
    51  the government of the various cities and villages in this state, and the
    52  officers of any public benefit corporation or any  public  authority  of
    53  this  state, or of any public benefit corporation or public authority of
    54  any county or subdivision of this state, to give leave of  absence  with
    55  pay for twenty-four hours on the day prescribed by law as a public holi-
    56  day for the observance of Memorial day and on the eleventh day of Novem-

        A. 8097                            34

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

        A. 8097                            35

     1  twenty-first, nineteen hundred eighty-three, or in Panama from  December
     2  twentieth,  nineteen  hundred eighty-nine to January thirty-first, nine-
     3  teen hundred ninety, or (iii) who  served  in  the  armed  forces  of  a
     4  foreign  country  allied  with  the  United States during world war I or
     5  world war II, or during the period of the Korean conflict  at  any  time
     6  between  June twenty-seventh, nineteen hundred fifty and January thirty-
     7  first, nineteen hundred fifty-five, or during the period of the  Vietnam
     8  conflict  from  the  twenty-eighth  day  of  February,  nineteen hundred
     9  sixty-one to the seventh day of May, nineteen hundred  seventy-five,  or
    10  during  the  period  of the Persian Gulf conflict from the second day of
    11  August, nineteen hundred ninety to the end  of  such  conflict,  or  who
    12  served  on  active duty in the army or navy or marine corps or air force
    13  or coast  guard  of  the  United  States,  and  who  (a)  was  honorably
    14  discharged or separated from such service under honorable conditions, or
    15  (b)  has  a  qualifying  condition,  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, or (c) is a discharged LGBT
    18  veteran, as defined in section three hundred fifty of the executive law,
    19  and has received a discharge other than bad conduct or dishonorable from
    20  such service except where such action would endanger the  public  safety
    21  or  the  safety  or  health  of persons cared for by the state, in which
    22  event such persons shall be entitled to leave of  absence  with  pay  on
    23  another  day  in lieu thereof. All such persons who are compensated on a
    24  per diem, hourly, semi-monthly or monthly basis, with or without mainte-
    25  nance, shall also be entitled to leave of absence  with  pay  under  the
    26  provisions  of  this  section  and no deduction in vacation allowance or
    27  budgetary allowable number of working days shall be made in lieu  there-
    28  of.  A  refusal  to  give  such leave of absence to one entitled thereto
    29  shall be neglect of duty.
    30    § 63. Subdivision 2 of section 458 of the real property  tax  law,  as
    31  amended  by  chapter  63  of  the  laws  of  1976, is amended to read as
    32  follows:
    33    2.  Real  property  purchased  with  moneys   collected   by   popular
    34  subscription  in  partial recognition of extraordinary services rendered
    35  by any [honorably discharged] veteran of world war one, world  war  two,
    36  or  of  the  hostilities  which  commenced June twenty-seventh, nineteen
    37  hundred fifty, who (a) was honorably discharged from  such  service,  or
    38  (b)  has  a  qualifying  condition,  as defined in section three hundred
    39  fifty of the executive law, and has received a discharge other than  bad
    40  conduct  or  dishonorable from such service, or (c) is a discharged LGBT
    41  veteran, as defined in section three hundred fifty of the executive law,
    42  and has received a discharge other than bad conduct or dishonorable from
    43  such service, and who sustained permanent disability while  on  military
    44  duty,  either  total  or  partial, and owned by the person who sustained
    45  such injuries, or by his or her spouse or unremarried surviving  spouse,
    46  or  dependent  father  or  mother,  is  subject  to  taxation  as herein
    47  provided. Such property shall be assessed in the same  manner  as  other
    48  real  property  in  the tax district. At the meeting of the assessors to
    49  hear complaints concerning the assessments, a verified  application  for
    50  the  exemption  of  such real property from taxation may be presented to
    51  them by or on behalf of the owner thereof, which application  must  show
    52  the  facts  on  which  the exemption is claimed, including the amount of
    53  moneys so raised and used in or toward the purchase of such property. No
    54  exemption on account of any such gift shall be allowed in excess of five
    55  thousand dollars. The application for exemption shall be  presented  and
    56  action  thereon  taken in the manner provided by subdivision one of this

        A. 8097                            36

     1  section. If no application for exemption be granted, the property  shall
     2  be subject to taxation for all purposes. The provisions herein, relating
     3  to the assessment and exemption of property purchased with moneys raised
     4  by  popular  subscription, apply and shall be enforced in each municipal
     5  corporation authorized to levy taxes.
     6    § 64. Subdivision 4-a of section 458 of the real property tax law,  as
     7  amended  by  chapter  616  of  the  laws  of 1995, is amended to read as
     8  follows:
     9    4-a. For the purposes of this section, the  term  "military  or  naval
    10  services"  shall  be deemed to also include service: (a) by a person who
    11  was employed by the War Shipping Administration  or  Office  of  Defense
    12  Transportation  or  their  agents as a merchant seaman documented by the
    13  United States Coast Guard or Department of Commerce, or as a civil serv-
    14  ant employed by the United States Army Transport Service (later redesig-
    15  nated as the United States Army Transportation Corps, Water Division) or
    16  the Naval Transportation Service; and who  served  satisfactorily  as  a
    17  crew member during the period of armed conflict, December seventh, nine-
    18  teen  hundred  forty-one,  to  August fifteenth, nineteen hundred forty-
    19  five, aboard merchant  vessels  in  oceangoing,  i.e.,  foreign,  inter-
    20  coastal,  or  coastwise  service as such terms are defined under federal
    21  law (46 USCA 10301 &  10501)  and  further  to  include  "near  foreign"
    22  voyages between the United States and Canada, Mexico, or the West Indies
    23  via  ocean  routes,  or  public vessels in oceangoing service or foreign
    24  waters and who has received a Certificate of Release or  Discharge  from
    25  Active  Duty  and  a  discharge  certificate,  or  an  Honorable Service
    26  Certificate/Report of Casualty, from  the  department  of  defense;  (b)
    27  service  by  a  United  States  civilian  employed by the American Field
    28  Service who served overseas under United States Armies and United States
    29  Army Groups in world war II during the period of armed conflict,  Decem-
    30  ber  seventh,  nineteen  hundred  forty-one through May eighth, nineteen
    31  hundred forty-five, and who (i) was  discharged  or  released  therefrom
    32  under  honorable  conditions,  or  (ii)  has  a qualifying condition, as
    33  defined in section three hundred fifty of the  executive  law,  and  has
    34  received  a  discharge  other than bad conduct or dishonorable from such
    35  service, or (iii) is a discharged LGBT veteran, as  defined  in  section
    36  three  hundred  fifty of the executive law, and has received a discharge
    37  other than bad conduct or dishonorable from such service; or (c) service
    38  by a United States civilian Flight  Crew  and  Aviation  Ground  Support
    39  Employee of Pan American World Airways or one of its subsidiaries or its
    40  affiliates  who  served  overseas as a result of Pan American's contract
    41  with Air Transport Command or Naval Air  Transport  Service  during  the
    42  period  of  armed conflict, December fourteenth, nineteen hundred forty-
    43  one through August fourteenth, nineteen hundred forty-five, and who  (i)
    44  was discharged or released therefrom under honorable conditions, or (ii)
    45  has a qualifying condition, as defined in section three hundred fifty of
    46  the  executive  law, and has received a discharge other than bad conduct
    47  or dishonorable from such service, or (iii) is a discharged LGBT  veter-
    48  an,  as defined in section three hundred fifty of the executive law, and
    49  has received a discharge other than bad  conduct  or  dishonorable  from
    50  such service.
    51    §  65.  Paragraph  (e)  of  subdivision 1 of section 458-a of the real
    52  property tax law, as amended by chapter 384 of  the  laws  of  2008,  is
    53  amended to read as follows:
    54    (e)  "Veteran"  means  a person (i) who served in the active military,
    55  naval, or air service during a period of war, or who was a recipient  of
    56  the  armed  forces expeditionary medal, navy expeditionary medal, marine

        A. 8097                            37

     1  corps expeditionary medal, or  global  war  on  terrorism  expeditionary
     2  medal,  and who (1) was discharged or released therefrom under honorable
     3  conditions, or (2) has a qualifying condition,  as  defined  in  section
     4  three  hundred  fifty of the executive law, and has received a discharge
     5  other than bad conduct or dishonorable from such service, or  (3)  is  a
     6  discharged  LGBT  veteran,  as defined in section three hundred fifty of
     7  the executive law, and has received a discharge other than  bad  conduct
     8  or  dishonorable  from  such  service,  (ii) who was employed by the War
     9  Shipping Administration or Office of  Defense  Transportation  or  their
    10  agents  as a merchant seaman documented by the United States Coast Guard
    11  or Department of Commerce, or as a civil servant employed by the  United
    12  States  Army  Transport Service (later redesignated as the United States
    13  Army Transportation Corps, Water Division) or the  Naval  Transportation
    14  Service; and who served satisfactorily as a crew member during the peri-
    15  od  of  armed conflict, December seventh, nineteen hundred forty-one, to
    16  August fifteenth, nineteen hundred forty-five, aboard  merchant  vessels
    17  in oceangoing, i.e., foreign, intercoastal, or coastwise service as such
    18  terms  are defined under federal law (46 USCA 10301 & 10501) and further
    19  to include "near foreign" voyages between the United States and  Canada,
    20  Mexico, or the West Indies via ocean routes, or public vessels in ocean-
    21  going  service  or  foreign waters and who has received a Certificate of
    22  Release or Discharge from Active Duty and a discharge certificate, or an
    23  Honorable Service Certificate/Report of Casualty, from the department of
    24  defense, (iii) who served as a United States civilian  employed  by  the
    25  American  Field  Service  and served overseas under United States Armies
    26  and United States Army Groups in world war II during the period of armed
    27  conflict, December  seventh,  nineteen  hundred  forty-one  through  May
    28  eighth,  nineteen  hundred  forty-five,  and  who  (1) was discharged or
    29  released therefrom under honorable conditions, or (2) has  a  qualifying
    30  condition,  as  defined  in section three hundred fifty of the executive
    31  law, and has received a discharge other than bad conduct or dishonorable
    32  from such service, or (3) is a discharged LGBT veteran,  as  defined  in
    33  section  three  hundred  fifty  of the executive law, and has received a
    34  discharge other than bad conduct or dishonorable from such service, (iv)
    35  who served as a United States civilian Flight Crew and  Aviation  Ground
    36  Support  Employee  of  Pan  American World Airways or one of its subsid-
    37  iaries or its affiliates and served overseas as a result of  Pan  Ameri-
    38  can's contract with Air Transport Command or Naval Air Transport Service
    39  during  the  period  of  armed  conflict,  December fourteenth, nineteen
    40  hundred forty-one through August  fourteenth,  nineteen  hundred  forty-
    41  five,  and  who (1) was discharged or released therefrom under honorable
    42  conditions, or (2) has a qualifying condition,  as  defined  in  section
    43  three  hundred  fifty of the executive law, and has received a discharge
    44  other than bad conduct or dishonorable from such service, or  (3)  is  a
    45  discharged  LGBT  veteran,  as defined in section three hundred fifty of
    46  the executive law, and has received a discharge other than  bad  conduct
    47  or  dishonorable  from  such  service,  or (v) notwithstanding any other
    48  provision of law to the contrary, who are members of the reserve  compo-
    49  nents  of  the  armed  forces  of  the United States who (1) received an
    50  honorable discharge or release therefrom under honorable conditions,  or
    51  (2)  has  a  qualifying  condition,  as defined in section three hundred
    52  fifty of the executive law, and has received a discharge other than  bad
    53  conduct  or  dishonorable from such service, or (3) is a discharged LGBT
    54  veteran, as defined in section three hundred fifty of the executive law,
    55  and has received a discharge other than bad conduct or dishonorable from
    56  such service, but are still members of the  reserve  components  of  the

        A. 8097                            38

     1  armed  forces  of  the United States provided that such members meet all
     2  other qualifications under the provisions of this section.
     3    § 66. Subdivision 10 of section 458-a of the real property tax law, as
     4  amended  by  chapter  141  of  the  laws  of 2017, is amended to read as
     5  follows:
     6    10. A county, city, town, village or school district may adopt a local
     7  law or resolution to include those military personnel who served in  the
     8  Reserve  component of the United States Armed Forces that were deemed on
     9  active duty under Executive Order 11519 signed March twenty-third, nine-
    10  teen hundred seventy, 35 Federal  Register  5003,  dated  March  twenty-
    11  fourth,  nineteen  hundred  seventy  and  later designated by the United
    12  States Department of Defense as Operation Graphic Hand, if  such  member
    13  (1)  was discharged or released therefrom under honorable conditions, or
    14  (2) has a qualifying condition, as  defined  in  section  three  hundred
    15  fifty  of the executive law, and has received a discharge other than bad
    16  conduct or dishonorable from such service, or (3) is a  discharged  LGBT
    17  veteran, as defined in section three hundred fifty of the executive law,
    18  and has received a discharge other than bad conduct or dishonorable from
    19  such  service, provided that such veteran meets all other qualifications
    20  of this section.
    21    § 67. Paragraph (a) of subdivision 1 of  section  458-b  of  the  real
    22  property  tax  law,  as  amended  by  chapter  6 of the laws of 2008, is
    23  amended to read as follows:
    24    (a) "Cold War veteran" means a person, male or female, who  served  on
    25  active  duty  in  the United States armed forces, during the time period
    26  from September second, nineteen hundred forty-five to  December  twenty-
    27  sixth,  nineteen  hundred ninety-one, and (i) was discharged or released
    28  therefrom under honorable conditions, or (ii) has  a  qualifying  condi-
    29  tion,  as  defined  in section three hundred fifty of the executive law,
    30  and has received a discharge other than bad conduct or dishonorable from
    31  such service, or (iii) is a  discharged  LGBT  veteran,  as  defined  in
    32  section  three  hundred  fifty  of the executive law, and has received a
    33  discharge other than bad conduct or dishonorable from such service.
    34    § 68. Subparagraph (v) of paragraph (a) of subdivision  1  of  section
    35  122 of the social services law, as amended by chapter 214 of the laws of
    36  1998, is amended to read as follows:
    37    (v)  any alien lawfully residing in the state who is on active duty in
    38  the armed forces (other than active duty for training) or  who  (1)  has
    39  received  an  honorable  discharge (and not on account of alienage) from
    40  the armed forces, or (2) has  a  qualifying  condition,  as  defined  in
    41  section  three  hundred  fifty  of the executive law, and has received a
    42  discharge other than bad conduct or dishonorable (and not on account  of
    43  alienage) from the armed forces, or (3) is a discharged LGBT veteran, as
    44  defined  in  section  three  hundred fifty of the executive law, and has
    45  received a discharge other than bad conduct or dishonorable (and not  on
    46  account  of  alienage) from the armed forces, or the spouse, unremarried
    47  surviving spouse or unmarried dependent child of any such alien, if such
    48  alien, spouse or dependent child is a  qualified  alien  as  defined  in
    49  section  431 of the federal personal responsibility and work opportunity
    50  reconciliation act of 1996 (8 U.S. Code 1641), as amended;
    51    § 69. Subdivision 1 of section 168 of  the  social  services  law,  as
    52  amended  by  chapter  467  of  the  laws  of 1991, is amended to read as
    53  follows:
    54    1. Veteran means a person, male or female, who has served in the armed
    55  forces of the United States in time of war, or who was  a  recipient  of
    56  the armed forces expeditionary medal, navy expeditionary medal or marine

        A. 8097                            39

     1  corps  expeditionary  medal  for  participation in operations in Lebanon
     2  from June first, nineteen hundred eighty-three to December first,  nine-
     3  teen  hundred  eighty-seven, in Grenada from October twenty-third, nine-
     4  teen  hundred  eighty-three  to  November twenty-first, nineteen hundred
     5  eighty-three, or in Panama from  December  twentieth,  nineteen  hundred
     6  eighty-nine  to  January  thirty-first, nineteen hundred ninety, and who
     7  (1) has been honorably discharged or released  under  honorable  circum-
     8  stances  from  such  service  or furloughed to the reserve, or (2) has a
     9  qualifying condition, as defined in section three hundred fifty  of  the
    10  executive  law,  and  has received a discharge other than bad conduct or
    11  dishonorable from such service, or (3) is a discharged LGBT veteran,  as
    12  defined  in  section  three  hundred fifty of the executive law, and has
    13  received a discharge other than bad conduct or  dishonorable  from  such
    14  service.
    15    §  70.  Paragraph  5  of  subdivision  2  of section 168 of the social
    16  services law, as amended by chapter 616 of the laws of 1995, is  amended
    17  to read as follows:
    18    (5)  World  war II; from the seventh day of December, nineteen hundred
    19  forty-one to and including the thirty-first day  of  December,  nineteen
    20  hundred  forty-six,  or  who  was  employed by the War Shipping Adminis-
    21  tration or Office  of  Defense  Transportation  or  their  agents  as  a
    22  merchant  seaman  documented by the United States Coast Guard or Depart-
    23  ment of Commerce, or as a civil servant employed by  the  United  States
    24  Army  Transport  Service  (later  redesignated as the United States Army
    25  Transportation  Corps,  Water  Division)  or  the  Naval  Transportation
    26  Service; and who served satisfactorily as a crew member during the peri-
    27  od  of  armed conflict, December seventh, nineteen hundred forty-one, to
    28  August fifteenth, nineteen hundred forty-five, aboard  merchant  vessels
    29  in oceangoing, i.e., foreign, intercoastal, or coastwise service as such
    30  terms  are defined under federal law (46 USCA 10301 & 10501) and further
    31  to include "near foreign" voyages between the United States and  Canada,
    32  Mexico, or the West Indies via ocean routes, or public vessels in ocean-
    33  going  service  or  foreign waters and who has received a Certificate of
    34  Release or Discharge from Active Duty and a discharge certificate, or an
    35  Honorable Service Certificate/Report of Casualty, from the Department of
    36  Defense or who served as a United States civilian employed by the Ameri-
    37  can Field Service and served overseas under  United  States  Armies  and
    38  United  States  Army  Groups  in world war II during the period of armed
    39  conflict, December  seventh,  nineteen  hundred  forty-one  through  May
    40  eighth,  nineteen  hundred  forty-five,  and  who  (i) was discharged or
    41  released therefrom under honorable conditions, or (ii) has a  qualifying
    42  condition,  as  defined  in section three hundred fifty of the executive
    43  law, and has received a discharge other than bad conduct or dishonorable
    44  from such service, or (iii) is a discharged LGBT veteran, as defined  in
    45  section  three  hundred  fifty  of the executive law, and has received a
    46  discharge other than bad conduct or dishonorable from such  service,  or
    47  who  served  as a United States civilian Flight Crew and Aviation Ground
    48  Support Employee of Pan American World Airways or  one  of  its  subsid-
    49  iaries  or  its affiliates and served overseas as a result of Pan Ameri-
    50  can's contract with Air Transport Command or Naval Air Transport Service
    51  during the period  of  armed  conflict,  December  fourteenth,  nineteen
    52  hundred  forty-one  through  August  fourteenth, nineteen hundred forty-
    53  five, and who (iv) was discharged or released therefrom under  honorable
    54  conditions,  or  (v)  has  a qualifying condition, as defined in section
    55  three hundred fifty of the executive law, and has received  a  discharge
    56  other  than  bad conduct or dishonorable from such service, or (vi) is a

        A. 8097                            40

     1  discharged LGBT veteran, as defined in section three  hundred  fifty  of
     2  the  executive  law, and has received a discharge other than bad conduct
     3  or dishonorable from such service.
     4    §  71.  Subparagraph  1  of paragraph (b) of subdivision 29 of section
     5  210-B of the tax law, as amended by section 1 of part Q of chapter 59 of
     6  the laws of 2018, is amended to read as follows:
     7    (1) who served on active duty in the United  States  army,  navy,  air
     8  force,  marine corps, coast guard or the reserves thereof, or who served
     9  in active military service of the United States as a member of the  army
    10  national  guard,  air  national  guard, New York guard or New York naval
    11  militia; who (i) was released from active duty by general  or  honorable
    12  discharge  after  September  eleventh,  two  thousand one, or (ii) has a
    13  qualifying condition, as defined in section three hundred fifty  of  the
    14  executive  law,  and  has received a discharge other than bad conduct or
    15  dishonorable from such service after September  eleventh,  two  thousand
    16  one,  or (iii) is a discharged LGBT veteran, as defined in section three
    17  hundred fifty of the executive law, and has received a  discharge  other
    18  than bad conduct or dishonorable from such service after September elev-
    19  enth, two thousand one;
    20    §  72.  Subparagraph (A) of paragraph 2 of subsection (a-2) of section
    21  606 of the tax law, as amended by section 2 of part Q of chapter  59  of
    22  the laws of 2018, is amended to read as follows:
    23    (A)  who  served  on  active duty in the United States army, navy, air
    24  force, marine corps, coast guard or the reserves thereof, or who  served
    25  in  active military service of the United States as a member of the army
    26  national guard, air national guard, New York guard  or  New  York  naval
    27  militia;  who  (i) was released from active duty by general or honorable
    28  discharge after September eleventh, two thousand  one,  or  (ii)  has  a
    29  qualifying  condition,  as defined in section three hundred fifty of the
    30  executive law, and has received a discharge other than  bad  conduct  or
    31  dishonorable  from  such  service after September eleventh, two thousand
    32  one, or (iii) is a discharged LGBT veteran, as defined in section  three
    33  hundred  fifty  of the executive law, and has received a discharge other
    34  than bad conduct or dishonorable from such service after September elev-
    35  enth, two thousand one;
    36    § 73. Subparagraph (A) of paragraph 2 of subsection (g-1)  of  section
    37  1511  of the tax law, as amended by section 3 of part Q of chapter 59 of
    38  the laws of 2018, is amended to read as follows:
    39    (A) who served on active duty in the United  States  army,  navy,  air
    40  force,  marine corps, coast guard or the reserves thereof, or who served
    41  in active military service of the United States as a member of the  army
    42  national  guard,  air  national  guard, New York guard or New York naval
    43  militia; who (i) was released from active duty by general  or  honorable
    44  discharge  after  September  eleventh,  two  thousand one, or (ii) has a
    45  qualifying condition, as defined in section three hundred fifty  of  the
    46  executive  law,  and  has received a discharge other than bad conduct or
    47  dishonorable from such service after September  eleventh,  two  thousand
    48  one,  or (iii) is a discharged LGBT veteran, as defined in section three
    49  hundred fifty of the executive law, and has received a  discharge  other
    50  than bad conduct or dishonorable from such service after September elev-
    51  enth, two thousand one;
    52    §  74.  Section  295 of the town law, as amended by chapter 658 of the
    53  laws of 2004, is amended to read as follows:
    54    § 295. Removal of remains of deceased members of armed forces. Upon  a
    55  verified petition presented to a judge of a court of record by any armed
    56  forces'  organization in any town or city in this state by a majority of

        A. 8097                            41

     1  its officers, or a majority of any memorial committee  in  any  town  or
     2  city where there are two or more veteran armed forces' organizations, or
     3  in  towns  or  cities where there are no veteran armed forces' organiza-
     4  tions,  upon  the petition of five or more veterans of the armed forces,
     5  the judge to whom said verified petition  is  presented  shall  make  an
     6  order  to  show  cause, returnable before him at a time and place within
     7  the county in not less than fourteen or more than twenty days  from  the
     8  date  of  presentation of said petition, why the remains of any deceased
     9  members of the  armed  forces  buried  in  potter's  field,  or  in  any
    10  neglected  or  abandoned  cemeteries, should not be removed to and rein-
    11  terred in a properly kept incorporated cemetery in the same town or city
    12  or in a town adjoining the town or  city  in  which  the  remains  of  a
    13  deceased member of the armed forces are buried, and to fix the amount of
    14  the  expenses  for  such  removal and reinterment, and the order to show
    15  cause shall provide for its publication in a newspaper, to be designated
    16  in the order, which is published nearest to the cemetery from which  the
    17  removal  is  sought  to  be  made,  once in each week for two successive
    18  weeks. The verified petition presented to the judge shall show that  the
    19  petitioners  are  a  majority  of the officers of a veteran armed forces
    20  organization, or a majority of a memorial committee in towns  or  cities
    21  where  two or more veteran armed forces organizations exist, or that the
    22  petitioners are honorably discharged veterans of  the  armed  forces  in
    23  towns  or  cities  where no veteran armed forces organization exists, or
    24  that the petitioners have a qualifying condition, as defined in  section
    25  three hundred fifty of the executive law, and received a discharge other
    26  than  bad  conduct or dishonorable from such service and are in towns or
    27  cities where no veteran armed forces organizations exist,  or  that  the
    28  petitioners  are  discharged  LGBT veterans, as defined in section three
    29  hundred fifty of the executive law, and received a discharge other  than
    30  bad  conduct  or  dishonorable  from  such  service and are in towns and
    31  cities where no veteran armed forces organizations exist,  and  (1)  the
    32  name  of  the  deceased  member  or  members  of the armed forces, whose
    33  remains are sought to be removed, and if known the unit in which  he  or
    34  they  served;  (2)  the name and location of the cemetery in which he is
    35  interred and from which removal is asked to be made; (3)  the  name  and
    36  location  of  the incorporated cemetery to which the remains are desired
    37  to be removed and reinterred; (4) the facts showing the reasons for such
    38  removal. Upon the return day of the order to show cause and at the  time
    39  and  place  fixed in said order, upon filing proof of publication of the
    40  order to show cause with the judge, if no objection is made thereto,  he
    41  shall  make  an  order  directing  the  removal  of  the remains of said
    42  deceased member or members of the armed forces to  the  cemetery  desig-
    43  nated in the petition within the town or city or within a town adjoining
    44  the  town or city in which the remains are then buried and shall specify
    45  in the order the amount of the expenses of such removal, which  expenses
    46  of  removal  and  reinterment,  including  the expense of the proceeding
    47  under this section, shall be a charge upon the county in which the  town
    48  or  city  is  situated  from which the removal is made and such expenses
    49  shall be a county charge and audited by the board of supervisors of  the
    50  county and paid in the same manner as other county charges. On and after
    51  the  removal  and  reinterment  of the remains of the deceased member or
    52  members of the armed forces in the armed forces' plot, the expenses  for
    53  annual  care  of the grave in the armed forces' burial plot to which the
    54  removal is made shall be annually provided by the town or city in  which
    55  the  remains were originally buried, at the rate of not to exceed twenty
    56  dollars per grave, and shall be paid annually to the incorporated  ceme-

        A. 8097                            42

     1  tery  association  to  which  the remains of each deceased member of the
     2  armed forces may be removed and reinterred. The petition and order shall
     3  be filed in the county clerk's office of the county in which the remains
     4  of the deceased member of the armed forces were originally interred, and
     5  the  service  of  a  certified copy of the final order upon the cemetery
     6  association shall be made prior to any  removal.  Any  relative  of  the
     7  deceased  member  or  members of the armed forces, or the officer of any
     8  cemetery association in which the remains  of  the  deceased  member  or
     9  members of the armed forces were originally interred, or the authorities
    10  of  the  county  in which the member or members of the armed forces were
    11  originally buried, may oppose the granting of said order and  the  judge
    12  shall summarily hear the statement of the parties and make such order as
    13  the  justice  and equity of the application shall require. Any headstone
    14  or monument which marks the grave of the deceased member  of  the  armed
    15  forces  shall be removed and reset at the grave in the cemetery in which
    16  the removal is permitted to be made and in each  case  the  final  order
    17  shall  provide  the amount of the expenses of such removals and reinter-
    18  ment and resetting of the headstone or monument, including the  expenses
    19  of  the  proceedings  under this section; except that where provision is
    20  otherwise made for the purchase or erection of a new headstone, monument
    21  or marker at the grave in the cemetery to which such removal is  permit-
    22  ted, such old headstone or monument need not be so removed and reset, in
    23  which  case such final order shall not provide for the expense of reset-
    24  ting. The order shall designate the person or persons having  charge  of
    25  the  removals and reinterments. Upon completion of the removal, reinter-
    26  ment and resetting of the headstones or monuments, the person or persons
    27  having charge of the same shall make a verified report of  the  removal,
    28  reinterment  and  resetting  of  the  headstone or monument and file the
    29  report in the clerk's office of the proper county. The words "member  of
    30  the armed forces" shall be construed to mean [an honorably discharged] a
    31  member  of the armed forces who served in the armed forces of the United
    32  States and who (5) was honorably discharged from such  service,  or  (6)
    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 (7) 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,  and the words "armed forces plot" shall be construed to mean a
    39  plot of land in any incorporated cemetery set apart  to  be  exclusively
    40  used  as  a  place for interring the remains of deceased veterans of the
    41  armed forces of the United States.
    42    § 75. Section 404-v of the vehicle and traffic law, as added by  chap-
    43  ter 389 of the laws of 2004, is amended to read as follows:
    44    §  404-v.  Distinctive plates for the United States Naval Armed Guard.
    45  1. Any [honorably discharged] member of the United  States  Naval  Armed
    46  Guard  residing  in  this state shall, upon request, be issued a license
    47  plate bearing the words "United States Naval Armed Guard", or such other
    48  phrase as the commissioner shall designate showing the registrant served
    49  in the United States Naval Armed Guard.  Application  for  such  license
    50  plate  shall  be  filed with the commissioner in such form and detail as
    51  the commissioner shall prescribe.
    52    2. The distinctive plate authorized pursuant to this section shall  be
    53  issued  upon proof, satisfactory to the commissioner, that the applicant
    54  is [an honorably discharged] a veteran who served in the  United  States
    55  Naval  Armed  Guard  and  who  (1)  was  honorably  discharged from such
    56  service, or (2) has a qualifying condition, as defined in section  three

        A. 8097                            43

     1  hundred  fifty  of the executive law, and has received a discharge other
     2  than bad conduct  or  dishonorable  from  such  service,  or  (3)  is  a
     3  discharged  LGBT  veteran,  as defined in section three hundred fifty of
     4  the  executive  law, and has received a discharge other than bad conduct
     5  or dishonorable from such service.
     6    3. A distinctive plate issued pursuant to this section shall be issued
     7  in the same manner as other number plates upon payment  of  the  regular
     8  registration fee prescribed by section four hundred one of this article,
     9  provided,  however,  that  an  additional one-time service charge of ten
    10  dollars shall be charged for such plate.  Provided,  however,  that  one
    11  year  after  the  effective  date of this section funds in the amount of
    12  five thousand dollars, or so much thereof as may be available, shall  be
    13  allocated  from  such funds to the department to offset costs associated
    14  with the production of such license plates.
    15    § 76. Subdivision 1 of section 404-w of the vehicle and  traffic  law,
    16  as  added  by  chapter  105  of  the laws of 2005, is amended to read as
    17  follows:
    18    1. Any war on terror  veteran  residing  in  this  state  shall,  upon
    19  request,  be  issued  a  license  plate bearing the words "War on Terror
    20  veteran". Application for said license plate shall  be  filed  with  the
    21  commissioner   in  such  form  and  detail  as  the  commissioner  shall
    22  prescribe. For purposes of this section, a "war on terror" veteran shall
    23  mean:
    24    (a) a person who served in the armed forces of the  United  States  in
    25  the  hostilities that occurred in the Persian Gulf from the eleventh day
    26  of September, two thousand one, to the end of such hostilities, who  (i)
    27  was  discharged  therefrom  under other than dishonorable conditions, or
    28  (ii) has a qualifying condition, 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, or (iii) is a discharged LGBT
    31  veteran, as defined in section three hundred fifty of the executive law,
    32  and has received a discharge other than bad conduct or dishonorable from
    33  such service; or
    34    (b) a person who served in the armed forces of the  United  States  in
    35  the  hostilities  that  occurred in Afghanistan from the eleventh day of
    36  September, two thousand one, to the end of such hostilities, who (i) was
    37  discharged therefrom under other than dishonorable conditions,  or  (ii)
    38  has a qualifying condition, as defined in section three hundred fifty of
    39  the  executive  law, and has received a discharge other than bad conduct
    40  or dishonorable from such service, or (iii) is a discharged LGBT  veter-
    41  an,  as defined in section three hundred fifty of the executive law, and
    42  has received a discharge other than bad  conduct  or  dishonorable  from
    43  such service.
    44    §  77.  Subdivision 3 of section 404-w of the vehicle and traffic law,
    45  as added by chapter 493 of the laws of  2005,  is  amended  to  read  as
    46  follows:
    47    3. For the purposes of this section, "Persian Gulf veteran" shall mean
    48  a person who is a resident of this state, who served in the armed forces
    49  of  the  United  States  in the hostilities that occurred in the Persian
    50  Gulf from the second day of August, nineteen hundred ninety to  the  end
    51  of  such  hostilities,  and [were] was (a) honorably discharged from the
    52  military, or (b) has a qualifying condition, as defined in section three
    53  hundred fifty of the executive law, and has received a  discharge  other
    54  than  bad  conduct  or  dishonorable  from  such  service,  or  (c) is a
    55  discharged LGBT veteran, as defined in section three  hundred  fifty  of

        A. 8097                            44

     1  the  executive  law, and has received a discharge other than bad conduct
     2  or dishonorable from such service.
     3    §  78.  Subdivision 3 of section 404-y of the vehicle and traffic law,
     4  as added by chapter 107 of the laws of  2017,  is  amended  to  read  as
     5  follows:
     6    3.  For  the  purposes of this section, the following terms shall have
     7  the following meanings:
     8    (a) "Veteran of the Iraq War" shall mean a person who is a resident of
     9  this state, who served in the armed forces of the United States  in  the
    10  hostilities that occurred in Iraq from the sixteenth day of October, two
    11  thousand two to the end of such hostilities who (i) was discharged ther-
    12  efrom  under other than dishonorable conditions or (ii) has a qualifying
    13  condition, as defined in section three hundred fifty  of  the  executive
    14  law, and has received a discharge other than bad conduct or dishonorable
    15  from  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; and
    18    (b)  "Veteran  of  the  Afghanistan  War" shall mean a person who is a
    19  resident of this state, who served in the armed  forces  of  the  United
    20  States  in the hostilities that occurred in Afghanistan from the seventh
    21  day of October, two thousand one to the end of such hostilities who  (i)
    22  was  discharged  therefrom  under  other than dishonorable conditions or
    23  (ii) has a qualifying condition, as defined  in  section  three  hundred
    24  fifty  of the executive law, and has received a discharge other than bad
    25  conduct or dishonorable from such service, or (iii) is a discharged LGBT
    26  veteran, as defined in section three hundred fifty of the executive law,
    27  and has received a discharge other than bad conduct or dishonorable from
    28  such service.
    29    § 79. Paragraph (b) of subdivision 3 of section 490 of the vehicle and
    30  traffic law, as amended by chapter 429 of the laws of 2014,  is  amended
    31  to read as follows:
    32    (b)  The  identification card shall contain a distinguishing number or
    33  mark and adequate space upon which an anatomical gift, pursuant to arti-
    34  cle forty-three of the public health law, by the holder may be  recorded
    35  and  shall  contain  such  other information and shall be issued in such
    36  form as the commissioner shall determine; provided, however, every iden-
    37  tification card or renewal thereof issued to a person under the  age  of
    38  twenty-one  years shall have prominently imprinted thereon the statement
    39  "UNDER 21  YEARS  OF  AGE"  in  notably  distinctive  print  or  format.
    40  Provided,  further, however, that every identification card issued to an
    41  applicant who was a member of the armed forces of the United States  and
    42  (i)  received  an  honorable  discharge  or was released therefrom under
    43  honorable conditions, or (ii) has a qualifying condition, as defined  in
    44  section  three  hundred  fifty  of the executive law, and has received a
    45  discharge other than bad conduct or dishonorable from such  service,  or
    46  (iii)  is a discharged LGBT veteran, as defined in section three hundred
    47  fifty of the executive law, and has received a discharge other than  bad
    48  conduct  or  dishonorable  from  such  service,  shall,  upon his or her
    49  request and submission of proof as set forth herein, contain  a  distin-
    50  guishing  mark,  in such form as the commissioner shall determine, indi-
    51  cating that he or she is a  veteran.  Such  proof  shall  consist  of  a
    52  certificate  of  release or discharge from active duty including but not
    53  limited to a DD Form 214 or other proof satisfactory to the  commission-
    54  er.  The  commissioner  shall  not require fees for the issuance of such
    55  identification cards or renewals thereof  to  persons  under  twenty-one
    56  years of age which are different from the fees required for the issuance

        A. 8097                            45

     1  of  identification cards or renewals thereof to persons twenty-one years
     2  of age or over, nor fees to persons requesting a veteran  distinguishing
     3  mark  which  are  different  from fees that would otherwise be required.
     4  Provided,  however,  that notwithstanding the provisions of section four
     5  hundred ninety-one of this article, the commissioner shall  not  require
     6  any  fees  for  the  duplication  or amendment of an identification card
     7  prior to its renewal if such duplication or amendment was solely for the
     8  purpose of adding a veteran distinguishing mark to  such  identification
     9  card.
    10    §  80.  Paragraph (a-1) of subdivision 1 of section 504 of the vehicle
    11  and traffic law, as amended by chapter 429  of  the  laws  of  2014,  is
    12  amended to read as follows:
    13    (a-1)  Every license or renewal thereof issued to an applicant who was
    14  a member of the armed forces of the United States and who  (i)  received
    15  an  honorable discharge or was released therefrom under honorable condi-
    16  tions, or (ii) has a qualifying condition, as defined in  section  three
    17  hundred  fifty  of the executive law, and has received a discharge other
    18  than bad conduct or dishonorable  from  such  service,  or  (iii)  is  a
    19  discharged  LGBT  veteran,  as defined in section three hundred fifty of
    20  the executive law, and has received a discharge other than  bad  conduct
    21  or  dishonorable  from  such service, shall, upon his or her request and
    22  submission of proof as set forth herein, contain a distinguishing  mark,
    23  in  such form as the commissioner shall determine, indicating that he or
    24  she is a veteran. Such proof shall consist of a certificate  of  release
    25  or discharge from active duty including but not limited to a DD Form 214
    26  or  other proof satisfactory to the commissioner. The commissioner shall
    27  not require fees for the issuance of such licenses or  renewals  thereof
    28  to  persons requesting a veteran distinguishing mark which are different
    29  from fees otherwise required; provided,  however,  that  notwithstanding
    30  the  provisions of this section, the commissioner shall not require fees
    31  for a duplication or amendment of a license prior to its renewal if such
    32  duplication or amendment was solely for the purpose of adding a  veteran
    33  distinguishing mark to such license.
    34    §  81.  Paragraph  (a)  of subdivision 8 of section 15 of the workers'
    35  compensation law, as amended by chapter 635 of  the  laws  of  1996,  is
    36  amended to read as follows:
    37    (a)  Declaration  of  policy and legislative intent. As a guide to the
    38  interpretation and application  of  this  subdivision,  the  policy  and
    39  intent of this legislature is declared to be as follows:
    40    First: That every person in this state who works for a living is enti-
    41  tled  to  reasonable  opportunity to maintain his independence and self-
    42  respect through self-support even after he/she has been physically hand-
    43  icapped by injury or disease;
    44    Second: That any plan which will reasonably, equitably and practically
    45  operate to break down hindrances and remove obstacles to the  employment
    46  of  partially disabled persons who (i) are honorably discharged from our
    47  armed forces, or (ii) have a qualifying condition, as defined in section
    48  three hundred fifty of the executive law, and received a discharge other
    49  than bad conduct  or  dishonorable  from  such  service,  or  (iii)  are
    50  discharged  LGBT  veterans, as defined in section three hundred fifty of
    51  the executive law, and received a discharge other than  bad  conduct  or
    52  dishonorable  from  such  service,  or  any other physically handicapped
    53  persons, is of vital importance to the state and its people  and  is  of
    54  concern to this legislature;
    55    Third: That it is the considered judgment of this legislature that the
    56  system embodied in this subdivision, which makes a logical and equitable

        A. 8097                            46

     1  adjustment of the liability under the workers' compensation law which an
     2  employer  must  assume  in hiring employees, constitutes a practical and
     3  reasonable approach to a solution of the problem for the  employment  of
     4  physically handicapped persons.
     5    Moreover,  because  of  the  insidious  nature  of  slowly  developing
     6  diseases such as silicosis and other dust diseases and  because  of  the
     7  reluctance on the part of employers to employ persons previously exposed
     8  to  silica  or other harmful dust, means should also be provided whereby
     9  employers will be encouraged to employ and to continue the employment of
    10  such persons, by apportioning liability fairly between the employer  and
    11  industry  as a whole without at the same time removing any incentive for
    12  the prevention of harmful dust diseases.
    13    § 82. This act shall take effect one year after it shall have become a
    14  law; provided, however that the amendments to subdivision 7  of  section
    15  369-h of the executive law made by section twenty-five of this act shall
    16  not affect the repeal of such section and shall be deemed repealed ther-
    17  ewith.  Effective  immediately, the addition, amendment and/or repeal of
    18  any rule or regulation necessary for the implementation of this  act  on
    19  its  effective date are authorized to be made and completed on or before
    20  such effective date.
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