Bill Text: NY S00045 | 2019-2020 | General Assembly | Amended


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: Partisan Bill (Democrat 17-0)

Status: (Engrossed) 2019-06-11 - referred to ways and means [S00045 Detail]

Download: New_York-2019-S00045-Amended.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                          45--B
            Cal. No. 1020

                               2019-2020 Regular Sessions

                    IN SENATE

                                       (Prefiled)

                                     January 9, 2019
                                       ___________

        Introduced  by Sens. HOYLMAN, ADDABBO, GIANARIS, KAPLAN, KRUEGER, MAYER,
          MONTGOMERY, RIVERA, SERRANO, SKOUFIS, THOMAS -- read twice and ordered
          printed, and when printed to be committed to the Committee  on  Veter-
          ans,  Homeland  Security and Military Affairs -- committee discharged,
          bill amended, ordered reprinted as amended  and  recommitted  to  said
          committee  -- reported favorably from said committee, ordered to first
          and second report, ordered to a third  reading,  amended  and  ordered
          reprinted, retaining its place in the order of third reading

        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.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00460-08-9

        S. 45--B                            2

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

        S. 45--B                            3

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

        S. 45--B                            4

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

        S. 45--B                            5

     1    §  7.  Section  831  of the county law, as added by chapter 653 of the
     2  laws of 1986, is amended to read as follows:
     3    § 831. Soldier burial plots in Dutchess county. The legislature of the
     4  county  of  Dutchess  may  authorize  the  purchase  of burial plots and
     5  provide for marker settings and perpetual care and maintenance  of  such
     6  plots  in  one  or  more of the cemeteries of the county of Dutchess for
     7  deceased veterans, who, at the time of  death,  were  residents  of  the
     8  county  of Dutchess and who (i) were discharged from the armed forces of
     9  the United States either honorably or under honorable circumstances,  or
    10  (ii)  had  a  qualifying  condition, as defined in section three hundred
    11  fifty of the executive law, and received  a  discharge  other  than  bad
    12  conduct  or  dishonorable,  or  (iii) were a discharged LGBT veteran, as
    13  defined in section  three  hundred  fifty  of  the  executive  law,  and
    14  received a discharge other than bad conduct or dishonorable. The expense
    15  thereof shall be a county charge.
    16    §  8. Subdivision 6 of section 210 of the economic development law, as
    17  added by chapter 398 of the laws of 2018, is amended to read as follows:
    18    6. "Veteran" shall mean a person who served in [and who  has  received
    19  an  honorable  or general discharge from,] the United States army, navy,
    20  air force, marines, coast guard, and/or reserves thereof, and/or in  the
    21  army  national guard, air national guard, New York guard and/or New York
    22  naval militia and who (a) has received an honorable or general discharge
    23  from such service, 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.
    29    § 9. Paragraph c of subdivision 1 of section 360 of the education law,
    30  as  amended  by  chapter  699 of the laws of 2005, is amended to read as
    31  follows:
    32    c. Adopt and enforce campus rules  and  regulations  not  inconsistent
    33  with  the  vehicle  and  traffic  law relating to parking, vehicular and
    34  pedestrian traffic, and safety. Such rules and regulations  may  include
    35  provisions  for the disposition of abandoned vehicles, removal by towing
    36  or otherwise of vehicles parked  in  violation  of  such  rules  at  the
    37  expense  of the owner, the payment of fees for the registration or park-
    38  ing of such vehicles, provided that such campus  rules  and  regulations
    39  may provide that any veteran attending the state university as a student
    40  shall  be  exempt from any fees for parking or registering a motor vehi-
    41  cle, and the assessment of administrative fines upon the owner or opera-
    42  tor of such vehicles for each violation of the regulations.  However, no
    43  such fine may be imposed without a hearing or an opportunity to be heard
    44  conducted by an officer or board designated by the  board  of  trustees.
    45  Such  fines,  in the case of an officer or employee of state university,
    46  may be deducted from the salary or wages of  such  officer  or  employee
    47  found  in  violation of such regulations, or in the case of a student of
    48  state university found in violation of such regulations, the  university
    49  may  withhold  his grades and transcripts until such time as any fine is
    50  paid. For purposes of this subdivision, the term "veteran" shall mean  a
    51  member of the armed forces of the United States who served in such armed
    52  forces  in  time of war and who (i) was honorably discharged or released
    53  under honorable circumstances from such service, or (ii) has a  qualify-
    54  ing  condition,  as defined in section three hundred fifty of the execu-
    55  tive law, and has  received  a  discharge  other  than  bad  conduct  or
    56  dishonorable  from  such service, or (iii) is a discharged LGBT veteran,

        S. 45--B                            6

     1  as defined in section three hundred fifty of the executive law, and  has
     2  received  a  discharge  other than bad conduct or dishonorable from such
     3  service.
     4    §  10.  The  opening  paragraph of subdivision 6 of section 503 of the
     5  education law, as amended by chapter 616 of the laws of 1995, is amended
     6  to read as follows:
     7    Credit for service in war after world war I, which shall mean military
     8  service during the period commencing the first  day  of  July,  nineteen
     9  hundred  forty,  and  terminating  the  thirtieth  day of June, nineteen
    10  hundred forty-seven, or during the period commencing the  twenty-seventh
    11  day  of  June,  nineteen hundred fifty, and terminating the thirty-first
    12  day of January, nineteen hundred fifty-five, or during both  such  peri-
    13  ods, as a member of the armed forces of the United States, of any person
    14  who  (i)  has  been  honorably  discharged  or  released under honorable
    15  circumstances from such service, or (ii) has a qualifying condition,  as
    16  defined  in  section  three  hundred fifty of the executive law, and has
    17  received a discharge other than bad conduct or  dishonorable  from  such
    18  service,  or  (iii)  is a discharged LGBT veteran, as defined in section
    19  three hundred fifty of the executive law, and has received  a  discharge
    20  other  than bad conduct or dishonorable from such service, or service by
    21  one who was employed by the War Shipping  Administration  or  Office  of
    22  Defense  Transportation  or their agents as a merchant seaman documented
    23  by the United States Coast Guard or Department  of  Commerce,  or  as  a
    24  civil  servant  employed  by  the  United  States Army Transport Service
    25  (later redesignated as the  United  States  Army  Transportation  Corps,
    26  Water  Division)  or  the  Naval  Transportation Service; and who served
    27  satisfactorily as a crew member during the  period  of  armed  conflict,
    28  December seventh, nineteen hundred forty-one, to August fifteenth, nine-
    29  teen  hundred  forty-five,  aboard merchant vessels in oceangoing, i.e.,
    30  foreign, intercoastal, or coastwise service as such  terms  are  defined
    31  under  federal  law (46 USCA 10301 & 10501) and further to include "near
    32  foreign" voyages between the United States and Canada,  Mexico,  or  the
    33  West Indies via ocean routes, or public vessels in oceangoing service or
    34  foreign  waters  and  who  has  received  a  Certificate  of  Release or
    35  Discharge from Active Duty and a discharge certificate, or an  Honorable
    36  Service  Certificate/Report  of Casualty, from the Department of Defense
    37  or who served as a United States civilian employed by the American Field
    38  Service and served overseas under United States Armies and United States
    39  Army Groups in world war II during the period of armed conflict,  Decem-
    40  ber  seventh,  nineteen  hundred  forty-one through May eighth, nineteen
    41  hundred forty-five, and (iv) who was discharged  or  released  therefrom
    42  under  honorable  conditions,  or  (v)  has  a  qualifying condition, as
    43  defined in section three hundred fifty of the  executive  law,  and  has
    44  received  a  discharge  other than bad conduct or dishonorable from such
    45  service, or (vi) is a discharged LGBT veteran,  as  defined  in  section
    46  three  hundred  fifty of the executive law, and has received a discharge
    47  other than bad conduct or dishonorable from such service, or who  served
    48  as  a  United  States  civilian  Flight Crew and Aviation Ground Support
    49  Employee of Pan American World Airways or one of its subsidiaries or its
    50  affiliates and served overseas as a result of  Pan  American's  contract
    51  with  Air  Transport  Command  or Naval Air Transport Service during the
    52  period of armed conflict, December fourteenth, nineteen  hundred  forty-
    53  one  through  August  fourteenth,  nineteen  hundred forty-five, and who
    54  (vii) was discharged or released therefrom under  honorable  conditions,
    55  or  (viii)  has  a  qualifying  condition,  as  defined in section three
    56  hundred fifty of the executive law, and has received a  discharge  other

        S. 45--B                            7

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

        S. 45--B                            8

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

        S. 45--B                            9

     1  than  for  disability)  for  military service in the armed forces of the
     2  United States.
     3    §  14. Paragraph a of subdivision 10-a of section 503 of the education
     4  law, as amended by chapter 616 of the laws of 1995, is amended  to  read
     5  as follows:
     6    a.  In addition to credit for military service pursuant to section two
     7  hundred forty-three of the military law  and  subdivisions  six  through
     8  nine of this section, a member who joined the retirement system prior to
     9  July first, nineteen hundred seventy-three, and who was not eligible for
    10  credit  for  military service under subdivision ten of this section as a
    11  result of being on a leave of absence without pay between  July  twenti-
    12  eth,  nineteen  hundred  seventy-six  and  October  fifteenth,  nineteen
    13  hundred seventy-seven or on leave of absence with  less  than  full  pay
    14  between   July  twentieth,  nineteen  hundred  seventy-six  and  October
    15  fifteenth, nineteen hundred seventy-seven, may obtain credit  for  mili-
    16  tary  service  not in excess of three years and not otherwise creditable
    17  under section two hundred forty-three of the military law  and  subdivi-
    18  sions  six  through nine of this section, rendered on active duty in the
    19  armed forces of the United States  during  the  period  commencing  July
    20  first,  nineteen  hundred  forty, and terminating December thirty-first,
    21  nineteen hundred forty-six, or on service by one who was employed by the
    22  War Shipping Administration or Office of Defense Transportation or their
    23  agents as a merchant seaman documented by the United States Coast  Guard
    24  or  Department of Commerce, or as a civil servant employed by the United
    25  States Army Transport Service (later redesignated as the  United  States
    26  Army  Transportation  Corps, Water Division) or the Naval Transportation
    27  Service; and who served satisfactorily as a crew member during the peri-
    28  od of armed conflict, December seventh, nineteen hundred  forty-one,  to
    29  August  fifteenth,  nineteen hundred forty-five, aboard merchant vessels
    30  in oceangoing, i.e., foreign, intercoastal, or coastwise service as such
    31  terms are defined under federal law (46 USCA 10301 & 10501) and  further
    32  to  include "near foreign" voyages between the United States and Canada,
    33  Mexico, or the West Indies via ocean routes, or public vessels in ocean-
    34  going service or foreign waters and who has received  a  Certificate  of
    35  Release or Discharge from Active Duty and a discharge certificate, or an
    36  Honorable Service Certificate/Report of Casualty, from the Department of
    37  Defense,  or  on  service  by one who served as a United States civilian
    38  employed by the American Field Service and served overseas under  United
    39  States  Armies  and United States Army Groups in world war II during the
    40  period of armed conflict, December seventh, nineteen  hundred  forty-one
    41  through  May  eighth,  nineteen  hundred  forty-five,  and  who  (i) was
    42  discharged or released therefrom under honorable conditions, or (ii) has
    43  a qualifying condition, as defined in section three hundred fifty of the
    44  executive law, and has received a discharge other than  bad  conduct  or
    45  dishonorable  from  such service, or (iii) is a discharged LGBT veteran,
    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 on service by one who served as  a  United  States  civilian
    49  Flight  Crew  and Aviation Ground Support Employee of Pan American World
    50  Airways or one of its subsidiaries or its affiliates and served overseas
    51  as a result of Pan American's contract with  Air  Transport  Command  or
    52  Naval  Air Transport Service during the period of armed conflict, Decem-
    53  ber fourteenth, nineteen hundred forty-one  through  August  fourteenth,
    54  nineteen  hundred  forty-five,  and  who (iv) was discharged or released
    55  therefrom under honorable conditions, or (v) has a qualifying condition,
    56  as defined in section three hundred fifty of the executive law, and  has

        S. 45--B                           10

     1  received  a  discharge  other than bad conduct or dishonorable from such
     2  service, or (vi) 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, by a person
     5  who was a resident of New York state at the  time  of  entry  into  such
     6  service  and  at  the time of being discharged therefrom under honorable
     7  circumstances, and who makes the payments required  in  accordance  with
     8  the provisions of this subdivision.
     9    However,  no  military service shall be creditable under this subdivi-
    10  sion in the case of a member who is receiving a military pension  (other
    11  than  for  disability)  for  military service in the armed forces of the
    12  United States.
    13    § 15. Paragraph (b) of subdivision 1 of section 668 of  the  education
    14  law,  as  amended by chapter 616 of the laws of 1995, is amended to read
    15  as follows:
    16    (b) December seven, nineteen hundred forty-one to December thirty-one,
    17  nineteen hundred forty-six, or have been employed by  the  War  Shipping
    18  Administration  or Office of Defense Transportation or their agents as a
    19  merchant seaman documented by the United States Coast Guard  or  Depart-
    20  ment  of  Commerce,  or as a civil servant employed by the United States
    21  Army Transport Service (later redesignated as  the  United  States  Army
    22  Transportation  Corps,  Water  Division)  or  the  Naval  Transportation
    23  Service; and who served satisfactorily as a crew member during the peri-
    24  od of armed conflict, December seventh, nineteen hundred  forty-one,  to
    25  August  fifteenth,  nineteen hundred forty-five, aboard merchant vessels
    26  in oceangoing, i.e., foreign, intercoastal, or coastwise service as such
    27  terms are defined under federal law (46 USCA 10301 & 10501) and  further
    28  to  include "near foreign" voyages between the United States and Canada,
    29  Mexico, or the West Indies via ocean routes, or public vessels in ocean-
    30  going service or foreign waters and who has received  a  Certificate  of
    31  Release or Discharge from Active Duty and a discharge certificate, or an
    32  Honorable Service Certificate/Report of Casualty, from the Department of
    33  Defense or have served as a United States civilian employed by the Amer-
    34  ican  Field  Service  and served overseas under United States Armies and
    35  United States Army Groups in world war II during  the  period  of  armed
    36  conflict,  December  seventh,  nineteen  hundred  forty-one  through May
    37  eighth, nineteen hundred forty-five,  and  who  (i)  was  discharged  or
    38  released  therefrom under honorable conditions, or (ii) has a qualifying
    39  condition, as defined in section three hundred fifty  of  the  executive
    40  law, and has received a discharge other than bad conduct or dishonorable
    41  from  such service, or (iii) is a discharged LGBT veteran, as defined in
    42  section three hundred fifty of the executive law,  and  has  received  a
    43  discharge  other  than bad conduct or dishonorable from such service, or
    44  have served as a United States civilian Flight Crew and Aviation  Ground
    45  Support  Employee  of  Pan  American World Airways or one of its subsid-
    46  iaries or its affiliates and served overseas as a result of  Pan  Ameri-
    47  can's contract with Air Transport Command or Naval Air Transport Service
    48  during  the  period  of  armed  conflict,  December fourteenth, nineteen
    49  hundred forty-one through August  fourteenth,  nineteen  hundred  forty-
    50  five,  and who (iv) was discharged or released therefrom under honorable
    51  conditions, or (v) has a qualifying condition,  as  defined  in  section
    52  three  hundred  fifty of the executive law, and has received a discharge
    53  other than bad conduct or dishonorable from such service, or (vi)  is  a
    54  discharged  LGBT  veteran,  as defined in section three hundred fifty of
    55  the executive law, and has received a discharge other than  bad  conduct
    56  or dishonorable from such service.

        S. 45--B                           11

     1    §  16.  Paragraph (b) of subdivision 2 of section 668 of the education
     2  law, as amended by chapter 390 of the laws of 1995, is amended  to  read
     3  as follows:
     4    (b)  (i)  is  an  honorably discharged veteran of the United States or
     5  member of the armed forces of the United States, or (ii) has a  qualify-
     6  ing  condition,  as defined in section three hundred fifty of the execu-
     7  tive law, and has  received  a  discharge  other  than  bad  conduct  or
     8  dishonorable  from  such service, or (iii) 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, who is a resident of the state of  New  York,  and  who  has  a
    12  current  disability of forty percent or more as a result of an injury or
    13  illness which is incurred or was incurred during such military  service;
    14  or
    15    § 17. Subdivision 1 of section 668-c of the education law, as added by
    16  chapter 474 of the laws of 2000, is amended to read as follows:
    17    1.  Eligible students. Awards shall be made to Vietnam veterans' resi-
    18  dent children born with Spina Bifida enrolled in approved  undergraduate
    19  or graduate programs at degree granting institutions. For the purpose of
    20  this  section, "Vietnam veteran" shall mean a person who served in Indo-
    21  china at any time from  the  twenty-second  day  of  December,  nineteen
    22  hundred  sixty-one,  to  and  including the seventh day of May, nineteen
    23  hundred seventy-five and (a) was honorably  discharged  from  the  armed
    24  forces  of  the  United  States,  or  (b) 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 the
    27  armed forces of the United States, or (c) is a discharged LGBT  veteran,
    28  as  defined in section three hundred fifty of the executive law, and has
    29  received a discharge other than bad conduct  or  dishonorable  from  the
    30  armed forces of the United States; "born with Spina Bifida" shall mean a
    31  diagnosis  at  birth  of such disease inclusive of all forms, manifesta-
    32  tions, complications and  associated  medical  conditions  thereof,  but
    33  shall  not  include  Spina  Bifida  Occulta.  Such diagnosis shall be in
    34  accordance with the provisions of the federal Spina Bifida  program  and
    35  shall  be  documented  by  the United States Administration of Veterans'
    36  Affairs.
    37    § 18. Subdivision 1 of section 669-a of the education law, as  amended
    38  by  section 2 of part N of chapter 57 of the laws of 2008, is amended to
    39  read as follows:
    40    1. As used in this section, the following terms shall have the follow-
    41  ing meanings:
    42    a. "Vietnam veteran" means (i) a person who  is  a  resident  of  this
    43  state, (ii) who served in the armed forces of the United States in Indo-
    44  china  at  any  time  from  the  twenty-eighth day of February, nineteen
    45  hundred sixty-one, to and including the seventh  day  of  May,  nineteen
    46  hundred  seventy-five,  and  (iii)  who  was either discharged therefrom
    47  under honorable conditions,  including  but  not  limited  to  honorable
    48  discharge,  discharge  under honorable conditions, or general discharge,
    49  or has a qualifying condition, as defined in section three hundred fifty
    50  of the executive law, and  has  received  a  discharge  other  than  bad
    51  conduct  or  dishonorable  from  such  service,  or is a discharged LGBT
    52  veteran, as defined in section three hundred fifty of the executive law,
    53  and has received a discharge other than bad conduct or dishonorable from
    54  such service.
    55    b. "Persian Gulf veteran" means (i) a person who is a resident of this
    56  state, (ii) who served in the armed forces of the United States  in  the

        S. 45--B                           12

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

        S. 45--B                           13

     1  who (a) were honorably discharged from such service, or (b) have a qual-
     2  ifying condition, as defined in section three hundred fifty of the exec-
     3  utive  law,  and  have  received  a  discharge other than bad conduct or
     4  dishonorable from such service, or (c) are a discharged LGBT veteran, as
     5  defined  in  section  three hundred fifty of the executive law, and have
     6  received a discharge other than bad conduct or  dishonorable  from  such
     7  service.
     8    §  20.  Subdivision 4 of section 5-210 of the election law, as amended
     9  by chapter 179 of the laws of 2005, is amended to read as follows:
    10    4. Any qualified person who has been  honorably  discharged  from  the
    11  military  after  the  twenty-fifth day before a general election, or who
    12  has a qualifying condition, as defined in section three hundred fifty of
    13  the executive law, and has received a discharge other than  bad  conduct
    14  or  dishonorable  from  the military after the twenty-fifth day before a
    15  general election, or who 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 the military after
    18  the twenty-fifth day before a general election,  or  who  has  become  a
    19  naturalized citizen after the twenty-fifth day before a general election
    20  may  personally  register at the board of elections in the county of his
    21  or her residence and vote in the general election held at least ten days
    22  after such registration.
    23    § 21. Subdivision 13 of section 353 of the executive law, as added  by
    24  chapter 652 of the laws of 2007, is amended to read as follows:
    25    13.  To make application to the government of the United States or any
    26  political subdivision, agency or instrumentality thereof, for funds  for
    27  the  purpose  of providing an optional fund for the burial of [honorably
    28  discharged] veterans who (i) were honorably discharged  or  (ii)  had  a
    29  qualifying  condition, as defined in section three hundred fifty of this
    30  article, and received a discharge other than bad  conduct  or  dishonor-
    31  able,  or  (iii)  were  a discharged LGBT veteran, as defined in section
    32  three hundred fifty of this article, and received a discharge other than
    33  bad conduct or dishonorable, in any not-for-profit cemetery  corporation
    34  in  this  state;  provided,  however, that all costs associated with the
    35  establishment of such optional fund shall  be  borne  by  the  political
    36  subdivision,  agency  or  instrumentality  with  which  the division has
    37  contracted.
    38    § 22. The opening paragraph of subdivision 2 of section 354-c  of  the
    39  executive  law,  as added by chapter 652 of the laws of 2007, is amended
    40  to read as follows:
    41    As provided in subdivision thirteen of section  three  hundred  fifty-
    42  three of this article, there is hereby established within the division a
    43  New  York state veterans burial fund for honorably discharged members of
    44  the armed forces of the United States who were  residents  of  New  York
    45  state  at the time of his or her death who (i) were honorably discharged
    46  from such service, or (ii) had a qualifying  condition,  as  defined  in
    47  section  three  hundred  fifty of this article, and received a discharge
    48  other than bad conduct or dishonorable from such service, or (iii)  were
    49  discharged  LGBT  veterans, as defined in section three hundred fifty of
    50  this article, and  received  a  discharge  other  than  bad  conduct  or
    51  dishonorable from such service.
    52    §  23.  Paragraph  a  of subdivision 1 of section 364 of the executive
    53  law, as amended by chapter 333 of the laws of 1993,  subparagraph  5  as
    54  amended  by  chapter  616  of  the  laws  of 1995, and subparagraph 7 as
    55  amended by chapter 179 of the laws  of  2006,  is  amended  to  read  as
    56  follows:

        S. 45--B                           14

     1    a.  The word "veteran," as used in this article shall be taken to mean
     2  and include any person who is a resident of the state of New  York,  and
     3  who  (i)  has  been  or  may  be given an honorable, general or ordinary
     4  discharge or any other form of  release  from  such  service,  except  a
     5  dishonorable   discharge,   a  bad  conduct  discharge,  an  undesirable
     6  discharge, a discharge without honor or a discharge for the good of  the
     7  service, or (ii) has a qualifying condition, as defined in section three
     8  hundred  fifty  of this article, and has received a discharge other than
     9  bad conduct or dishonorable from such service, or (iii) is a  discharged
    10  LGBT veteran, as defined in section three hundred fifty of this article,
    11  and has received a discharge other than bad conduct or dishonorable from
    12  such  service,  and  who  [(i)] (iv) was a recipient of the armed forces
    13  expeditionary medal, the navy expeditionary medal or  the  marine  corps
    14  expeditionary medal for participation in operations in Lebanon from June
    15  first, nineteen hundred eighty-three to December first, nineteen hundred
    16  eighty-seven,  in  Grenada  from  October twenty-third, nineteen hundred
    17  eighty-three to November twenty-first, nineteen hundred eighty-three, or
    18  in Panama from December twentieth, nineteen hundred eighty-nine to Janu-
    19  ary thirty-first, nineteen hundred  ninety,  or  [(ii)]  (v)  served  on
    20  active  duty  for  ninety days or more in the armed forces of the United
    21  States during any one of the following wars or hostilities:
    22    (1) in the Spanish-American war from the twenty-first  day  of  April,
    23  eighteen  hundred  ninety-eight  to  the eleventh day of April, eighteen
    24  hundred ninety-nine, inclusive;
    25    (2) in the Philippine insurrection or the China relief expedition from
    26  the eleventh day of April, eighteen hundred ninety-nine  to  the  fourth
    27  day of July, nineteen hundred two, inclusive;
    28    (3) in the Mexican border campaign from the ninth day of May, nineteen
    29  hundred  sixteen, to the fifth day of April, nineteen hundred seventeen,
    30  inclusive;
    31    (4) in world war I from the  sixth  day  of  April,  nineteen  hundred
    32  seventeen  to  the  eleventh day of November, nineteen hundred eighteen,
    33  inclusive;
    34    (5) in world war II from the seventh day of December, nineteen hundred
    35  forty-one to the thirty-first day of December, nineteen  hundred  forty-
    36  six,  inclusive,  or who was employed by the War Shipping Administration
    37  or Office of Defense Transportation or their agents as a merchant seaman
    38  documented by the United States Coast Guard or Department  of  Commerce,
    39  or  as  a  civil  servant  employed  by the United States Army Transport
    40  Service (later redesignated as the  United  States  Army  Transportation
    41  Corps,  Water  Division)  or  the  Naval Transportation Service; and who
    42  served satisfactorily as a  crew  member  during  the  period  of  armed
    43  conflict,  December  seventh,  nineteen  hundred  forty-one,  to  August
    44  fifteenth, nineteen  hundred  forty-five,  aboard  merchant  vessels  in
    45  oceangoing,  i.e.,  foreign,  intercoastal, or coastwise service as such
    46  terms are defined under federal law (46 USCA 10301 & 10501) and  further
    47  to  include "near foreign" voyages between the United States and Canada,
    48  Mexico, or the West Indies via ocean routes, or public vessels in ocean-
    49  going service or foreign waters and who has received  a  Certificate  of
    50  Release or Discharge from Active Duty and a discharge certificate, or an
    51  Honorable Service Certificate/Report of Casualty, from the Department of
    52  Defense, or who served as a United States civilian employed by the Amer-
    53  ican  Field  Service  and served overseas under United States Armies and
    54  United States Army Groups in world war II during  the  period  of  armed
    55  conflict,  December  seventh,  nineteen  hundred  forty-one  through May
    56  eighth, nineteen hundred forty-five,  and  who  (i)  was  discharged  or

        S. 45--B                           15

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

        S. 45--B                           16

     1    § 25. Subdivision 7 of section 369-h of the executive law, as added by
     2  chapter 22 of the laws of 2014, is amended to read as follows:
     3    7.  "Veteran"  shall mean a person who served in [and who has received
     4  an honorable or general discharge from,] the United States  army,  navy,
     5  air  force, marines, coast guard, and/or reserves thereof, and/or in the
     6  army national guard, air national guard, New York guard and/or  the  New
     7  York  naval  militia,  and  who (i) has received an honorable or general
     8  discharge from such service, or (ii)  has  a  qualifying  condition,  as
     9  defined in section three hundred fifty of this chapter, and has received
    10  a discharge other than bad conduct or dishonorable from such service, or
    11  (iii)  is a discharged LGBT veteran, as defined in section three hundred
    12  fifty of this chapter, and has  received  a  discharge  other  than  bad
    13  conduct or dishonorable from such service.
    14    §  26.  Section  13-a  of  the general construction law, as amended by
    15  chapter 616 of the laws of 1995, is amended to read as follows:
    16    § 13-a. Armed forces of the United States. "Armed forces of the United
    17  States" means the army, navy, marine corps, air force and  coast  guard,
    18  including  all  components  thereof,  and the national guard when in the
    19  service of the United States pursuant to call as provided by law. Pursu-
    20  ant to this definition no person shall be considered a member or veteran
    21  of the armed forces of the United States unless his or her service ther-
    22  ein is or was on a full-time active duty basis, other than  active  duty
    23  for  training  or  he  or  she was employed by the War Shipping Adminis-
    24  tration or Office  of  Defense  Transportation  or  their  agents  as  a
    25  merchant  seaman  documented by the United States Coast Guard or Depart-
    26  ment of Commerce, or as a civil servant employed by  the  United  States
    27  Army  Transport  Service  (later  redesignated as the United States Army
    28  Transportation  Corps,  Water  Division)  or  the  Naval  Transportation
    29  Service; and who served satisfactorily as a crew member during the peri-
    30  od  of  armed conflict, December seventh, nineteen hundred forty-one, to
    31  August fifteenth, nineteen hundred forty-five, aboard  merchant  vessels
    32  in oceangoing, i.e., foreign, intercoastal, or coastwise service as such
    33  terms  are defined under federal law (46 USCA 10301 & 10501) and further
    34  to include "near foreign" voyages between the United States and  Canada,
    35  Mexico, or the West Indies via ocean routes, or public vessels in ocean-
    36  going  service  or  foreign waters and who has received a Certificate of
    37  Release or Discharge from Active Duty and a discharge certificate, or an
    38  Honorable Service Certificate/Report of Casualty, from the Department of
    39  Defense or he or she served as a United States civilian employed by  the
    40  American  Field  Service  and served overseas under United States Armies
    41  and United States Army Groups in world war II during the period of armed
    42  conflict, December  seventh,  nineteen  hundred  forty-one  through  May
    43  eighth,  nineteen hundred forty-five, and (i) was discharged or released
    44  therefrom under honorable conditions, or (ii) has  a  qualifying  condi-
    45  tion,  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, or (iii) is a  discharged  LGBT  veteran,  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  he  or  she  served as a United States civilian Flight Crew and Aviation
    51  Ground Support Employee of Pan American World  Airways  or  one  of  its
    52  subsidiaries  or  its  affiliates and served overseas as a result of Pan
    53  American's contract with Air Transport Command or  Naval  Air  Transport
    54  Service  during the period of armed conflict, December fourteenth, nine-
    55  teen hundred  forty-one  through  August  fourteenth,  nineteen  hundred
    56  forty-five,  and  (iv) was discharged or released therefrom under honor-

        S. 45--B                           17

     1  able conditions, or (v)  has  a  qualifying  condition,  as  defined  in
     2  section  three  hundred  fifty  of the executive law, and has received a
     3  discharge other than bad conduct or dishonorable from such  service,  or
     4  (vi)  is  a discharged LGBT veteran, as defined in section three hundred
     5  fifty of the executive law, and has received a discharge other than  bad
     6  conduct or dishonorable from such service.
     7    §  27.  Paragraph  (a)  of subdivision 1 of section 148 of the general
     8  municipal law, as amended by chapter 613 of the laws of 1986, is amended
     9  to read as follows:
    10    (a) The board of supervisors in each of the counties, or the board  of
    11  estimate  in  the  city of New York, shall designate some proper person,
    12  association or commission, other than that designated for  the  care  of
    13  burial  of  public  charges or criminals, who shall cause to be interred
    14  the body of any [honorably discharged] member of the armed forces of the
    15  United States who (i) was honorably discharged from such service or (ii)
    16  had a qualifying condition, as defined in section three hundred fifty of
    17  the executive law, and received a discharge other than  bad  conduct  or
    18  dishonorable  from such service, or (iii) was a discharged LGBT veteran,
    19  as defined in section three hundred fifty  of  the  executive  law,  and
    20  received  a  discharge  other than bad conduct or dishonorable from such
    21  service, or the body of any minor child or either parent, or the  spouse
    22  or  unremarried  surviving spouse of any such member of the armed forces
    23  of the United States, if such person shall hereafter die in a county  or
    24  in  the  city of New York without leaving sufficient means to defray his
    25  or her funeral expenses.
    26    § 28. Paragraph (b) of subdivision 2 of section  148  of  the  general
    27  municipal  law, as amended by chapter 63 of the laws of 1976, is amended
    28  to read as follows:
    29    (b) The headstone at the grave of the spouse or  surviving  spouse  of
    30  such  [honorably  discharged]  member  of the armed forces of the United
    31  States shall contain the name of the deceased, the war in which  his  or
    32  her  spouse served and, if possible, the organization to which he or she
    33  belonged or in which he or she served.
    34    § 29. Subdivision 1-b of section 247 of the military law,  as  amended
    35  by  section  26 of part AA of chapter 56 of the laws of 2019, is amended
    36  to read as follows:
    37    1-b. The adjutant general is hereby authorized to present in the  name
    38  of  the legislature of the state of New York, a certificate, to be known
    39  as the "Cold War Certificate", bearing a suitable  inscription,  to  any
    40  person:  (i) who is a citizen of the state of New York or (ii) who was a
    41  citizen of the state of New York while serving in the  armed  forces  of
    42  the  United  States;  (iii) who served in the United States Armed Forces
    43  during the period  of  time  from  September  second,  nineteen  hundred
    44  forty-five  through  December twenty-sixth, nineteen hundred ninety-one,
    45  commonly known  as  the  Cold  War  Era;  and  (iv)  who  was  honorably
    46  discharged or released under honorable circumstances during the Cold War
    47  Era,  or has a qualifying condition, as defined in section three hundred
    48  fifty of the executive law, and received  a  discharge  other  than  bad
    49  conduct or dishonorable during the Cold War Era, or is a discharged LGBT
    50  veteran, as defined in section three hundred fifty of the executive law,
    51  and  received  a discharge other than bad conduct or dishonorable during
    52  the Cold War Era. Not more  than  one  Cold  War  Certificate  shall  be
    53  awarded  or  presented, under the provisions of this subdivision, to any
    54  person whose entire service subsequent to the time  of  the  receipt  of
    55  such  medal  shall not have been honorable. In the event of the death of
    56  any person during or subsequent to the receipt of  such  certificate  it

        S. 45--B                           18

     1  shall  be  presented  to  such  representative of the deceased as may be
     2  designated. The adjutant general, in consultation with the  director  of
     3  the  division  of  veterans'  services,  shall make such rules and regu-
     4  lations  as  may  be  deemed  necessary  for the proper presentation and
     5  distribution of the certificate.
     6    § 30. Paragraph 1 of subdivision (a) of section 42 of  the  correction
     7  law,  as  amended by chapter 139 of the laws of 2014, is amended to read
     8  as follows:
     9    1. There shall  be  within  the  commission  a  citizen's  policy  and
    10  complaint  review  council.  It  shall  consist  of  nine  persons to be
    11  appointed by the governor, by and with the advice  and  consent  of  the
    12  senate. One person so appointed shall have served in the armed forces of
    13  the  United  States in any foreign war, conflict or military occupation,
    14  who (i) was discharged therefrom under other  than  dishonorable  condi-
    15  tions,  or  (ii) has a qualifying condition, as defined in section three
    16  hundred fifty of the executive law, and has received a  discharge  other
    17  than  bad  conduct  or  dishonorable  from  such  service, or (iii) is a
    18  discharged LGBT veteran, as defined in section three  hundred  fifty  of
    19  the  executive  law, and has received a discharge other than bad conduct
    20  or dishonorable from such service, or shall be a  duly  licensed  mental
    21  health  professional  who  has  professional experience or training with
    22  regard to post-traumatic stress syndrome. One person so appointed  shall
    23  be  an  attorney  admitted  to  practice  in  this  state. One person so
    24  appointed shall be a former  inmate  of  a  correctional  facility.  One
    25  person  so appointed shall be a former correction officer. One person so
    26  appointed shall be a former resident of  a  division  for  youth  secure
    27  center  or  a health care professional duly licensed to practice in this
    28  state. One person so appointed shall be a former employee of the  office
    29  of  children  and family services who has directly supervised youth in a
    30  secure residential center operated by  such  office.  In  addition,  the
    31  governor  shall  designate  one  of the full-time members other than the
    32  chairman of the commission as chairman of the council to serve  as  such
    33  at the pleasure of the governor.
    34    § 31. Subdivision 5 of section 605 of the education law, as separately
    35  amended  by chapters 645 and 844 of the laws of 1975, is amended to read
    36  as follows:
    37    5. Regents scholarships for war veterans. Regents scholarships for war
    38  veterans shall be awarded on a competitive basis,  for  study  beginning
    39  with  the  college  year nineteen hundred seventy-five--nineteen hundred
    40  seventy-six. Six hundred such scholarships shall be awarded in such year
    41  to veterans of the armed forces of the United States who have served  on
    42  active  duty  (other  than  for  training) between October one, nineteen
    43  hundred sixty-one and March twenty-nine, nineteen hundred seventy-three,
    44  and who on the date by which applications are required to  be  submitted
    45  (a)  have  been  released  from such active duty on conditions not other
    46  than honorable, or (b)  have  a  qualifying  condition,  as  defined  in
    47  section  three  hundred  fifty of the executive law, and have received a
    48  discharge other than bad conduct or dishonorable from such  service,  or
    49  (c)  are  discharged  LGBT veterans, as defined in section three hundred
    50  fifty of the executive law, and have received a discharge other than bad
    51  conduct or dishonorable from such service. Such  scholarships  shall  be
    52  allocated  to each county in the state in the same ratio that the number
    53  of legal residents in such county, as  determined  by  the  most  recent
    54  federal  census,  bears  to  the total number of residents in the state;
    55  provided, however, that no county shall be allocated fewer  scholarships

        S. 45--B                           19

     1  than  such county received during the year nineteen hundred sixty-eight-
     2  -sixty-nine.
     3    § 32. Subparagraph 3 of paragraph b of subdivision 3 of section 663 of
     4  the  education  law,  as  added  by  chapter 101 of the laws of 1992, is
     5  amended to read as follows:
     6    (3) The applicant was enlisted in full time active military service in
     7  the armed forces of  the  United  States  and  (i)  has  been  honorably
     8  discharged  from  such  service,  or (ii) has a qualifying condition, as
     9  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 (iii) is a discharged LGBT veteran, as  defined  in  section
    12  three  hundred  fifty of the executive law, and has received a discharge
    13  other than bad conduct or dishonorable from such service, and, provided,
    14  however, that the applicant has not and will not be claimed as a depend-
    15  ent by either parent for purposes of either federal or state income tax.
    16    § 33. Subdivision 1 of section 3202 of the education law,  as  amended
    17  by chapter 106 of the laws of 2003, is amended to read as follows:
    18    1.  A  person  over five and under twenty-one years of age who has not
    19  received a high school diploma is entitled to attend the public  schools
    20  maintained  in  the  district  in  which such person resides without the
    21  payment of tuition. Provided further that such person  may  continue  to
    22  attend  the public school in such district in the same manner, if tempo-
    23  rarily residing outside the boundaries of the district  when  relocation
    24  to  such temporary residence is a consequence of such person's parent or
    25  person in parental relationship being called to  active  military  duty,
    26  other  than  training. Notwithstanding any other provision of law to the
    27  contrary, the school district shall not be required to provide transpor-
    28  tation between a temporary  residence  located  outside  of  the  school
    29  district  and  the  school  the  child attends. A veteran of any age who
    30  shall have served as a member of the armed forces of the  United  States
    31  and  who (a) shall have been discharged therefrom under conditions other
    32  than dishonorable, or (b) has a  qualifying  condition,  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,  or
    35  (c)  is  a  discharged LGBT veteran, as defined in section three hundred
    36  fifty of the executive law, and has received a discharge other than  bad
    37  conduct  or dishonorable from such service, may attend any of the public
    38  schools of the state upon conditions prescribed by the board  of  educa-
    39  tion,  and  such veterans shall be included in the pupil count for state
    40  aid purposes. A  nonveteran  under  twenty-one  years  of  age  who  has
    41  received  a  high school diploma shall be permitted to attend classes in
    42  the schools of the district in which such person resides or in a  school
    43  of  a  board of cooperative educational services upon payment of tuition
    44  under such terms and conditions as shall be established  in  regulations
    45  promulgated  by  the  commissioner;  provided,  however,  that  a school
    46  district may waive the payment of tuition for such  nonveteran,  but  in
    47  any  case such a nonveteran who has received a high school diploma shall
    48  not be counted for any state  aid  purposes.  Nothing  herein  contained
    49  shall,  however,  require  a  board  of  education  to admit a child who
    50  becomes five years of age after the school year has commenced unless his
    51  birthday occurs on or before the first of December.
    52    § 34. Subdivision 4 of section 11-0715 of the environmental  conserva-
    53  tion law, as amended by section 6 of part R of chapter 58 of the laws of
    54  2013, is amended to read as follows:
    55    4. A person, resident in the state for at least thirty days immediate-
    56  ly  prior  to  the  date  of  application,  who  (a)  has been honorably

        S. 45--B                           20

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

        S. 45--B                           21

     1  business  in  this  state  shall  vacate  his  or her office as a notary
     2  public. A non-resident who accepts the office of notary public  in  this
     3  state  thereby  appoints  the secretary of state as the person upon whom
     4  process can be served on his or her behalf. Before issuing to any appli-
     5  cant  a commission as notary public, unless he or she be an attorney and
     6  counsellor at law duly admitted to practice in this  state  or  a  court
     7  clerk  of  the unified court system who has been appointed to such posi-
     8  tion after taking a civil service promotional examination in  the  court
     9  clerk  series of titles, the secretary of state shall satisfy himself or
    10  herself that the applicant is of good moral character,  has  the  equiv-
    11  alent  of  a common school education and is familiar with the duties and
    12  responsibilities of a notary public; provided,  however,  that  where  a
    13  notary  public  applies,  before  the expiration of his or her term, for
    14  reappointment with the county clerk or where  a  person  whose  term  as
    15  notary  public  shall  have expired applies within six months thereafter
    16  for reappointment as a notary public with the county clerk, such  quali-
    17  fying requirements may be waived by the secretary of state, and further,
    18  where  an  application  for reappointment is filed with the county clerk
    19  after the expiration of the aforementioned renewal period  by  a  person
    20  who  failed  or was unable to re-apply by reason of his or her induction
    21  or enlistment in the armed forces of the United States, such  qualifying
    22  requirements may also be waived by the secretary of state, provided such
    23  application  for reappointment is made within a period of one year after
    24  the military discharge of the  applicant  under  conditions  other  than
    25  dishonorable, or if the applicant has a qualifying condition, as defined
    26  in  section  three hundred fifty of this chapter, within a period of one
    27  year after the applicant has received a discharge other than bad conduct
    28  or dishonorable from such service, or if the applicant is  a  discharged
    29  LGBT veteran, as defined in section three hundred fifty of this chapter,
    30  within a period of one year after the applicant has received a discharge
    31  other  than  bad conduct or dishonorable from such service. In any case,
    32  the appointment or reappointment of any applicant is in  the  discretion
    33  of  the secretary of state. The secretary of state may suspend or remove
    34  from office, for misconduct, any notary public appointed by him  or  her
    35  but  no such removal shall be made unless the person who is sought to be
    36  removed shall have been served with a copy of the charges against him or
    37  her and have an opportunity of being heard. No person shall be appointed
    38  as a notary public under this article who has been  convicted,  in  this
    39  state  or any other state or territory, of a crime, unless the secretary
    40  makes a finding in conformance with all  applicable  statutory  require-
    41  ments,  including  those  contained  in  article  twenty-three-A  of the
    42  correction law, that  such  convictions  do  not  constitute  a  bar  to
    43  appointment.
    44    §  37.  Subdivisions 1, 2, and 3 of section 32 of the general business
    45  law, subdivisions 1 and 3 as amended by chapter 650 of the laws of  1976
    46  and  subdivision  2  as  amended by chapter 321 of the laws of 1955, are
    47  amended to read as follows:
    48    1. Every [honorably discharged] member of  the  armed  forces  of  the
    49  United  States[,] who (a) was honorably discharged from such service, or
    50  (b) has a qualifying condition, 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, or (c) is a  discharged  LGBT
    53  veteran, as defined in section three hundred fifty of the executive law,
    54  and has received a discharge other than bad conduct or dishonorable from
    55  such  service,  and who is a resident of this state and a veteran of any
    56  war, or who shall have served in the armed forces of the  United  States

        S. 45--B                           22

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

        S. 45--B                           23

     1  other  than  bad  conduct  or dishonorable from such service, and who is
     2  physically disabled as a  result  of  injuries  received  while  in  the
     3  service  of said armed forces and the holder of a license granted pursu-
     4  ant to section thirty-two of this article.
     5    §  39.  Paragraph  (a) of subdivision 1 of section 35-a of the general
     6  business law, as added by chapter 227 of the laws of 1998, is amended to
     7  read as follows:
     8    (a) In cities having a population of one million or more, the official
     9  designated by a local law or ordinance to issue a local license to hawk,
    10  peddle, vend and sell goods, wares or merchandise or solicit trade  upon
    11  the  streets and highways within such city shall issue specialized vend-
    12  ing licenses to [honorably discharged] members of the  armed  forces  of
    13  the  United  States who (i) were honorably discharged from such service,
    14  or (ii) have a qualifying condition, as defined in section three hundred
    15  fifty of the executive law, and received  a  discharge  other  than  bad
    16  conduct  or  dishonorable  from  such service, or (iii) are a discharged
    17  LGBT veteran, as defined in section three hundred fifty of the executive
    18  law, and received a discharge other than  bad  conduct  or  dishonorable
    19  from  such service, and who are physically disabled as a result of inju-
    20  ries received while in the service of said  armed  forces  and  who  are
    21  eligible to hold licenses granted pursuant to section thirty-two of this
    22  article. Such specialized vending licenses shall authorize holders ther-
    23  eof to hawk or peddle within such city in accordance with the provisions
    24  contained  in  this  section.  Specialized vending licenses issued under
    25  this section shall permit the holders thereof to vend on any block face,
    26  and no licensee authorized under this section shall be restricted in any
    27  way from vending in any area, except as provided in this section.
    28    § 40. Paragraph (b) of subdivision 3 of section 69-p  of  the  general
    29  business  law, as amended by chapter 575 of the laws of 1993, is amended
    30  to read as follows:
    31    (b) In the case of persons who are or were in the military service and
    32  (i) have  been  or  will  be  discharged  under  conditions  other  than
    33  dishonorable, or (ii) have a qualifying condition, as defined in section
    34  three hundred fifty of the executive law, and received a discharge other
    35  than  bad  conduct  or  dishonorable  from  such  service,  or (iii) are
    36  discharged LGBT veterans, as defined in section three hundred  fifty  of
    37  the  executive law, and have received a discharge other than bad conduct
    38  or dishonorable from such service, the period of two years specified  in
    39  subdivision  one  of  this section need not be continuous. The length of
    40  time such person was engaged in the business of installing, servicing or
    41  maintaining security or fire alarm systems before entering the  military
    42  service  may be added to any period of time during which such person was
    43  or is engaged in the business of installing,  servicing  or  maintaining
    44  security  or  fire  alarm  systems  after  the  termination  of military
    45  service.
    46    § 41. The closing paragraph of section 435  of  the  general  business
    47  law,  as added by chapter 801 of the laws of 1946, is amended to read as
    48  follows:
    49    In the case of persons who are or were in the military service and (a)
    50  have been or will be discharged under conditions  other  than  dishonor-
    51  able,  or  (b)  have a qualifying condition, as defined in section three
    52  hundred fifty of the executive law, and received a discharge other  than
    53  bad  conduct  or  dishonorable  from such service, or (c) are discharged
    54  LGBT veterans, as defined in section three hundred fifty of  the  execu-
    55  tive  law,  and  have  received  a  discharge  other than bad conduct or
    56  dishonorable from such service, the period  of  one  year  specified  in

        S. 45--B                           24

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

        S. 45--B                           25

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

        S. 45--B                           26

     1  and has received a discharge other than bad conduct or dishonorable from
     2  such  service,  in  a current licensing period, for the duration of such
     3  period.
     4    §  48. Paragraph 10 of subsection (h) of section 2137 of the insurance
     5  law, as added by chapter 499 of the laws of 2009, is amended to read  as
     6  follows:
     7    (10)  No  license  fee shall be required of any person who served as a
     8  member of the armed forces of the United States at any time and who  (A)
     9  shall  have  been  discharged  therefrom,  under  conditions  other than
    10  dishonorable, or (B) has a qualifying condition, as defined  in  section
    11  three  hundred  fifty of the executive law, and has received a discharge
    12  other than bad conduct or dishonorable from such service, or  (C)  is  a
    13  discharged  LGBT  veteran,  as defined in section three hundred fifty of
    14  the executive law, and has received a discharge other than  bad  conduct
    15  or  dishonorable  from  such service, in a current licensing period, for
    16  the duration of such period.
    17    § 49. Paragraph 11 of subsection (i) of section 2139 of the  insurance
    18  law, as added by section 14 of part V of chapter 57 of the laws of 2014,
    19  is amended to read as follows:
    20    (11)  No  license  fee shall be required of any person who served as a
    21  member of the armed forces of the United States at any time, and who (A)
    22  shall  have  been  discharged  therefrom  under  conditions  other  than
    23  dishonorable,  or  (B) 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 (C) 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, in a current licensing period for the
    29  duration of such period.
    30    § 50. Section 466 of the judiciary law, as amended by chapter  455  of
    31  the laws of 1960, is amended to read as follows:
    32    §  466. Attorney's oath of office. Each person, admitted as prescribed
    33  in this chapter must, upon his or her admission, take the constitutional
    34  oath of office in open court, and subscribe the same in a roll or  book,
    35  to  be  kept in the office of the clerk of the appellate division of the
    36  supreme court for that purpose.
    37    Any person now in actual service in the armed  forces  of  the  United
    38  States  or  whose induction or enlistment therein is imminent, or within
    39  sixty days after [he] such person (1) has been honorably discharged,  or
    40  (2) has received a discharge other than bad conduct or dishonorable from
    41  such  service,  if such person has a qualifying condition, as defined in
    42  section three hundred fifty of the executive law, or (3) has received  a
    43  discharge  other  than bad conduct or dishonorable from such service, if
    44  such person is a discharged LGBT veteran, as defined  in  section  three
    45  hundred  fifty  of  the  executive law, if the appellate division of the
    46  supreme court in the department in which such person resides is  not  in
    47  session, may subscribe and take the oath before a justice of that court,
    48  with the same force and effect as if it were taken in open court, except
    49  that in the first department the oath must be taken before the presiding
    50  justice or, in his or her absence, before the senior justice.
    51    §  51.  Subdivision  3  of section 20 of the military law, as added by
    52  chapter 825 of the laws of 1950, is amended to read as follows:
    53    3. Any person who has served as a commissioned or warrant  officer  in
    54  the  organized  militia  or in the armed forces of the United States and
    55  (a) has been honorably discharged therefrom, or  (b)  has  a  qualifying
    56  condition,  as  defined  in section three hundred fifty of the executive

        S. 45--B                           27

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

        S. 45--B                           28

     1  vessels in oceangoing, i.e., foreign, intercoastal, or coastwise service
     2  as such terms are defined under federal law (46 USCA 10301 & 10501)  and
     3  further  to include "near foreign" voyages between the United States and
     4  Canada,  Mexico,  or the West Indies via ocean routes, or public vessels
     5  in oceangoing service or foreign waters and who has received  a  Certif-
     6  icate  of  Release or Discharge from Active Duty and a discharge certif-
     7  icate, or an Honorable Service Certificate/Report of Casualty, from  the
     8  Department  of  Defense,  or  who  served  as  a  United States civilian
     9  employed by the American Field Service and served overseas under  United
    10  States  Armies  and United States Army Groups in world war II during the
    11  period of armed conflict, December seventh, nineteen  hundred  forty-one
    12  through  May  eighth,  nineteen  hundred  forty-five,  and  who  (i) was
    13  discharged or released therefrom under honorable conditions, or (ii) has
    14  a qualifying condition, as defined in section three hundred fifty of the
    15  executive law, and has received a discharge other than  bad  conduct  or
    16  dishonorable  from  such service, or (iii) is a discharged LGBT veteran,
    17  as defined in section three hundred fifty of the executive law, and  has
    18  received  a  discharge  other than bad conduct or dishonorable from such
    19  service, or who served as a  United  States  civilian  Flight  Crew  and
    20  Aviation Ground Support Employee of Pan American World Airways or one of
    21  its  subsidiaries  or  its affiliates and served overseas as a result of
    22  Pan American's contract with Air Transport Command or Naval  Air  Trans-
    23  port  Service  during the period of armed conflict, December fourteenth,
    24  nineteen hundred forty-one through August fourteenth,  nineteen  hundred
    25  forty-five,  and  who  (iv)  was  discharged or released therefrom under
    26  honorable conditions, or (v) has a qualifying condition, as  defined  in
    27  section  three  hundred  fifty  of the executive law, and has received a
    28  discharge other than bad conduct or dishonorable from such  service,  or
    29  (vi)  is  a discharged LGBT veteran, as defined in section three hundred
    30  fifty of the executive law, and has received a discharge other than  bad
    31  conduct  or dishonorable from such service; or service in police duty on
    32  behalf of the United States government in a  foreign  country,  if  such
    33  person  is  a police officer, as defined by section 1.20 of the criminal
    34  procedure law, and if such police officer obtained the prior consent  of
    35  his  or her public employer to absent himself or herself from his or her
    36  position to engage in the performance of such service; or as an enrollee
    37  in the United States maritime service on active duty and, to such extent
    38  as may be prescribed by or under the laws  of  the  United  States,  any
    39  period  awaiting  assignment to such service and any period of education
    40  or training for such service in any  school  or  institution  under  the
    41  jurisdiction  of  the  United  States  government, but shall not include
    42  temporary and intermittent gratuitous service in any reserve or auxilia-
    43  ry force. It shall include time spent in  reporting  for  and  returning
    44  from  military  duty  and  shall  be  deemed to commence when the public
    45  employee leaves his position and to end when he  is  reinstated  to  his
    46  position,  provided  such  reinstatement is within ninety days after the
    47  termination of military duty, as hereinafter defined.    Notwithstanding
    48  the  foregoing  provisions  of  this paragraph, the term "military duty"
    49  shall not include any of the foregoing services entered upon voluntarily
    50  on or after January first, nineteen hundred forty-seven and before  June
    51  twenty-fifth, nineteen hundred fifty; and, on or after July first, nine-
    52  teen  hundred  seventy,  the  term "military duty" shall not include any
    53  voluntary service in excess of four years performed after that date,  or
    54  the  total of any voluntary services, additional or otherwise, in excess
    55  of four years performed after that date, shall not exceed five years, if
    56  the service in excess of four years  is  at  the  request  and  for  the

        S. 45--B                           29

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

        S. 45--B                           30

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

        S. 45--B                           31

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

        S. 45--B                           32

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

        S. 45--B                           33

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

        S. 45--B                           34

     1  officers of any public benefit corporation or any  public  authority  of
     2  this  state, or of any public benefit corporation or public authority of
     3  any county or subdivision of this state, to give leave of  absence  with
     4  pay for twenty-four hours on the day prescribed by law as a public holi-
     5  day for the observance of Memorial day and on the eleventh day of Novem-
     6  ber,  known  as  Veterans'  day,  to  every person in the service of the
     7  state, the county, the town, the fire district, the city or village, the
     8  public benefit corporation or public authority of  this  state,  or  any
     9  public benefit corporation or public authority of any county or subdivi-
    10  sion of this state, as the case may be, (i) who served on active duty in
    11  the  armed  forces  of the United States during world war I or world war
    12  II, or 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 who (a) was  discharged  or  released  therefrom
    33  under  honorable  conditions,  or  (b)  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 (c) 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 (d)
    45  was discharged or released therefrom under honorable conditions, or  (e)
    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 from such service, or (f) is a discharged LGBT  veteran,
    49  as  defined in section three hundred fifty of the executive law, and has
    50  received a discharge other than bad conduct or  dishonorable  from  such
    51  service  or during the period of the Korean conflict at any time between
    52  the dates of June twenty-seventh, nineteen  hundred  fifty  and  January
    53  thirty-first,  nineteen  hundred fifty-five, or during the period of the
    54  Vietnam conflict  from  the  twenty-eighth  day  of  February,  nineteen
    55  hundred  sixty-one  to the seventh day of May, nineteen hundred seventy-
    56  five, or (ii) who served on active duty  in  the  armed  forces  of  the

        S. 45--B                           35

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

        S. 45--B                           36

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

        S. 45--B                           37

     1    § 65. Paragraph (e) of subdivision 1 of  section  458-a  of  the  real
     2  property  tax  law,  as  amended  by chapter 384 of the laws of 2008, is
     3  amended to read as follows:
     4    (e)  "Veteran"  means  a person (i) who served in the active military,
     5  naval, or air service during a period of war, or who was a recipient  of
     6  the  armed  forces expeditionary medal, navy expeditionary medal, marine
     7  corps expeditionary medal, or  global  war  on  terrorism  expeditionary
     8  medal,  and who (1) was discharged or released therefrom under honorable
     9  conditions, or (2) has a qualifying condition,  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  (3)  is  a
    12  discharged  LGBT  veteran,  as defined in section three hundred fifty of
    13  the executive law, and has received a discharge other than  bad  conduct
    14  or  dishonorable  from  such  service,  (ii) who was employed by the War
    15  Shipping Administration or Office of  Defense  Transportation  or  their
    16  agents  as a merchant seaman documented by the United States Coast Guard
    17  or Department of Commerce, or as a civil servant employed by the  United
    18  States  Army  Transport Service (later redesignated as the United States
    19  Army Transportation Corps, Water Division) or the  Naval  Transportation
    20  Service; and who served satisfactorily as a crew member during the peri-
    21  od  of  armed conflict, December seventh, nineteen hundred forty-one, to
    22  August fifteenth, nineteen hundred forty-five, aboard  merchant  vessels
    23  in oceangoing, i.e., foreign, intercoastal, or coastwise service as such
    24  terms  are defined under federal law (46 USCA 10301 & 10501) and further
    25  to include "near foreign" voyages between the United States and  Canada,
    26  Mexico, or the West Indies via ocean routes, or public vessels in ocean-
    27  going  service  or  foreign waters and who has received a Certificate of
    28  Release or Discharge from Active Duty and a discharge certificate, or an
    29  Honorable Service Certificate/Report of Casualty, from the department of
    30  defense, (iii) who served as a United States civilian  employed  by  the
    31  American  Field  Service  and served overseas under United States Armies
    32  and United States Army Groups in world war II during the period of armed
    33  conflict, December  seventh,  nineteen  hundred  forty-one  through  May
    34  eighth,  nineteen  hundred  forty-five,  and  who  (1) was discharged or
    35  released therefrom under honorable conditions, or (2) has  a  qualifying
    36  condition,  as  defined  in section three hundred fifty of the executive
    37  law, and has received a discharge other than bad conduct or dishonorable
    38  from such service, or (3) is a discharged LGBT veteran,  as  defined  in
    39  section  three  hundred  fifty  of the executive law, and has received a
    40  discharge other than bad conduct or dishonorable from such service, (iv)
    41  who served as a United States civilian Flight Crew and  Aviation  Ground
    42  Support  Employee  of  Pan  American World Airways or one of its subsid-
    43  iaries or its affiliates and served overseas as a result of  Pan  Ameri-
    44  can's contract with Air Transport Command or Naval Air Transport Service
    45  during  the  period  of  armed  conflict,  December fourteenth, nineteen
    46  hundred forty-one through August  fourteenth,  nineteen  hundred  forty-
    47  five,  and  who (1) was discharged or released therefrom under honorable
    48  conditions, or (2) has a qualifying condition,  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, or  (3)  is  a
    51  discharged  LGBT  veteran,  as defined in section three hundred fifty of
    52  the executive law, and has received a discharge other than  bad  conduct
    53  or  dishonorable  from  such  service,  or (v) notwithstanding any other
    54  provision of law to the contrary, who are members of the reserve  compo-
    55  nents  of  the  armed  forces  of  the United States who (1) received an
    56  honorable discharge or release therefrom under honorable conditions,  or

        S. 45--B                           38

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

        S. 45--B                           39

     1    § 69. Subdivision 1 of section 168 of  the  social  services  law,  as
     2  amended  by  chapter  467  of  the  laws  of 1991, is amended to read as
     3  follows:
     4    1. Veteran means a person, male or female, who has served in the armed
     5  forces  of  the  United States in time of war, or who was a recipient of
     6  the armed forces expeditionary medal, navy expeditionary medal or marine
     7  corps expeditionary medal for participation  in  operations  in  Lebanon
     8  from  June first, nineteen hundred eighty-three to December first, nine-
     9  teen hundred eighty-seven, in Grenada from October  twenty-third,  nine-
    10  teen  hundred  eighty-three  to  November twenty-first, nineteen hundred
    11  eighty-three, or in Panama from  December  twentieth,  nineteen  hundred
    12  eighty-nine  to  January  thirty-first, nineteen hundred ninety, and who
    13  (1) has been honorably discharged or released  under  honorable  circum-
    14  stances  from  such  service  or furloughed to the reserve, or (2) has a
    15  qualifying condition, as defined in section three hundred fifty  of  the
    16  executive  law,  and  has received a discharge other than bad conduct or
    17  dishonorable from such service, or (3) is a discharged LGBT veteran,  as
    18  defined  in  section  three  hundred fifty of the executive law, and has
    19  received a discharge other than bad conduct or  dishonorable  from  such
    20  service.
    21    §  70.  Paragraph  5  of  subdivision  2  of section 168 of the social
    22  services law, as amended by chapter 616 of the laws of 1995, is  amended
    23  to read as follows:
    24    (5)  World  war II; from the seventh day of December, nineteen hundred
    25  forty-one to and including the thirty-first day  of  December,  nineteen
    26  hundred  forty-six,  or  who  was  employed by the War Shipping Adminis-
    27  tration or Office  of  Defense  Transportation  or  their  agents  as  a
    28  merchant  seaman  documented by the United States Coast Guard or Depart-
    29  ment of Commerce, or as a civil servant employed by  the  United  States
    30  Army  Transport  Service  (later  redesignated as the United States Army
    31  Transportation  Corps,  Water  Division)  or  the  Naval  Transportation
    32  Service; and who served satisfactorily as a crew member during the peri-
    33  od  of  armed conflict, December seventh, nineteen hundred forty-one, to
    34  August fifteenth, nineteen hundred forty-five, aboard  merchant  vessels
    35  in oceangoing, i.e., foreign, intercoastal, or coastwise service as such
    36  terms  are defined under federal law (46 USCA 10301 & 10501) and further
    37  to include "near foreign" voyages between the United States and  Canada,
    38  Mexico, or the West Indies via ocean routes, or public vessels in ocean-
    39  going  service  or  foreign waters and who has received a Certificate of
    40  Release or Discharge from Active Duty and a discharge certificate, or an
    41  Honorable Service Certificate/Report of Casualty, from the Department of
    42  Defense or who served as a United States civilian employed by the Ameri-
    43  can Field Service and served overseas under  United  States  Armies  and
    44  United  States  Army  Groups  in world war II during the period of armed
    45  conflict, December  seventh,  nineteen  hundred  forty-one  through  May
    46  eighth,  nineteen  hundred  forty-five,  and  who  (i) was discharged or
    47  released therefrom under honorable conditions, or (ii) has a  qualifying
    48  condition,  as  defined  in section three hundred fifty of the executive
    49  law, and has received a discharge other than bad conduct or dishonorable
    50  from such service, or (iii) is a discharged LGBT veteran, as defined  in
    51  section  three  hundred  fifty  of the executive law, and has received a
    52  discharge other than bad conduct or dishonorable from such  service,  or
    53  who  served  as a United States civilian Flight Crew and Aviation Ground
    54  Support Employee of Pan American World Airways or  one  of  its  subsid-
    55  iaries  or  its affiliates and served overseas as a result of Pan Ameri-
    56  can's contract with Air Transport Command or Naval Air Transport Service

        S. 45--B                           40

     1  during the period  of  armed  conflict,  December  fourteenth,  nineteen
     2  hundred  forty-one  through  August  fourteenth, nineteen hundred forty-
     3  five, and who (iv) was discharged or released therefrom under  honorable
     4  conditions,  or  (v)  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 (vi) 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.
    10    § 71. Subparagraph 1 of paragraph (b) of  subdivision  29  of  section
    11  210-B of the tax law, as amended by section 1 of part Q of chapter 59 of
    12  the laws of 2018, is amended to read as follows:
    13    (1)  who  served  on  active duty in the United States army, navy, air
    14  force, marine corps, coast guard or the reserves thereof, or who  served
    15  in  active military service of the United States as a member of the army
    16  national guard, air national guard, New York guard  or  New  York  naval
    17  militia;  who  (i) was released from active duty by general or honorable
    18  discharge after September eleventh, two thousand  one,  or  (ii)  has  a
    19  qualifying  condition,  as defined in section three hundred fifty of the
    20  executive law, and has received a discharge other than  bad  conduct  or
    21  dishonorable  from  such  service after September eleventh, two thousand
    22  one, or (iii) is a discharged LGBT veteran, as defined in section  three
    23  hundred  fifty  of the executive law, and has received a discharge other
    24  than bad conduct or dishonorable from such service after September elev-
    25  enth, two thousand one;
    26    § 72. Subparagraph (A) of paragraph 2 of subsection (a-2)  of  section
    27  606  of  the tax law, as amended by section 2 of part Q of chapter 59 of
    28  the laws of 2018, is amended to read as follows:
    29    (A) who served on active duty in the United  States  army,  navy,  air
    30  force,  marine corps, coast guard or the reserves thereof, or who served
    31  in active military service of the United States as a member of the  army
    32  national  guard,  air  national  guard, New York guard or New York naval
    33  militia; who (i) was released from active duty by general  or  honorable
    34  discharge  after  September  eleventh,  two  thousand one, or (ii) has a
    35  qualifying condition, as defined in section three hundred fifty  of  the
    36  executive  law,  and  has received a discharge other than bad conduct or
    37  dishonorable from such service after September  eleventh,  two  thousand
    38  one,  or (iii) is a discharged LGBT veteran, as defined in section three
    39  hundred fifty of the executive law, and has received a  discharge  other
    40  than bad conduct or dishonorable from such service after September elev-
    41  enth, two thousand one;
    42    §  73.  Subparagraph (A) of paragraph 2 of subsection (g-1) of section
    43  1511 of the tax law, as amended by section 3 of part Q of chapter 59  of
    44  the laws of 2018, is amended to read as follows:
    45    (A)  who  served  on  active duty in the United States army, navy, air
    46  force, marine corps, coast guard or the reserves thereof, or who  served
    47  in  active military service of the United States as a member of the army
    48  national guard, air national guard, New York guard  or  New  York  naval
    49  militia;  who  (i) was released from active duty by general or honorable
    50  discharge after September eleventh, two thousand  one,  or  (ii)  has  a
    51  qualifying  condition,  as defined in section three hundred fifty of the
    52  executive law, and has received a discharge other than  bad  conduct  or
    53  dishonorable  from  such  service after September eleventh, two thousand
    54  one, or (iii) is a discharged LGBT veteran, as defined in section  three
    55  hundred  fifty  of the executive law, and has received a discharge other

        S. 45--B                           41

     1  than bad conduct or dishonorable from such service after September elev-
     2  enth, two thousand one;
     3    §  74.  Section  295 of the town law, as amended by chapter 658 of the
     4  laws of 2004, is amended to read as follows:
     5    § 295. Removal of remains of deceased members of armed forces. Upon  a
     6  verified petition presented to a judge of a court of record by any armed
     7  forces'  organization in any town or city in this state by a majority of
     8  its officers, or a majority of any memorial committee  in  any  town  or
     9  city where there are two or more veteran armed forces' organizations, or
    10  in  towns  or  cities where there are no veteran armed forces' organiza-
    11  tions, upon the petition of five or more veterans of the  armed  forces,
    12  the  judge  to  whom  said  verified petition is presented shall make an
    13  order to show cause, returnable before him at a time  and  place  within
    14  the  county  in not less than fourteen or more than twenty days from the
    15  date of presentation of said petition, why the remains of  any  deceased
    16  members  of  the  armed  forces  buried  in  potter's  field,  or in any
    17  neglected or abandoned cemeteries, should not be removed  to  and  rein-
    18  terred in a properly kept incorporated cemetery in the same town or city
    19  or  in  a  town  adjoining  the  town  or city in which the remains of a
    20  deceased member of the armed forces are buried, and to fix the amount of
    21  the expenses for such removal and reinterment, and  the  order  to  show
    22  cause shall provide for its publication in a newspaper, to be designated
    23  in  the order, which is published nearest to the cemetery from which the
    24  removal is sought to be made, once  in  each  week  for  two  successive
    25  weeks.  The verified petition presented to the judge shall show that the
    26  petitioners are a majority of the officers of  a  veteran  armed  forces
    27  organization,  or  a majority of a memorial committee in towns or cities
    28  where two or more veteran armed forces organizations exist, or that  the
    29  petitioners  are  honorably  discharged  veterans of the armed forces in
    30  towns or cities where no veteran armed forces  organization  exists,  or
    31  that  the petitioners have a qualifying condition, as defined in section
    32  three hundred fifty of the executive law, and received a discharge other
    33  than bad conduct or dishonorable from such service and are in  towns  or
    34  cities  where  no  veteran armed forces organizations exist, or that the
    35  petitioners are discharged LGBT veterans, as defined  in  section  three
    36  hundred  fifty of the executive law, and received a discharge other than
    37  bad conduct or dishonorable from such  service  and  are  in  towns  and
    38  cities  where  no  veteran armed forces organizations exist, and (1) the
    39  name of the deceased member  or  members  of  the  armed  forces,  whose
    40  remains  are  sought to be removed, and if known the unit in which he or
    41  they served; (2) the name and location of the cemetery in  which  he  is
    42  interred  and  from  which removal is asked to be made; (3) the name and
    43  location of the incorporated cemetery to which the remains  are  desired
    44  to be removed and reinterred; (4) the facts showing the reasons for such
    45  removal.  Upon the return day of the order to show cause and at the time
    46  and place fixed in said order, upon filing proof of publication  of  the
    47  order  to show cause with the judge, if no objection is made thereto, he
    48  shall make an order  directing  the  removal  of  the  remains  of  said
    49  deceased  member  or  members of the armed forces to the cemetery desig-
    50  nated in the petition within the town or city or within a town adjoining
    51  the town or city in which the remains are then buried and shall  specify
    52  in  the order the amount of the expenses of such removal, which expenses
    53  of removal and reinterment, including  the  expense  of  the  proceeding
    54  under  this section, shall be a charge upon the county in which the town
    55  or city is situated from which the removal is  made  and  such  expenses
    56  shall  be a county charge and audited by the board of supervisors of the

        S. 45--B                           42

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

        S. 45--B                           43

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

        S. 45--B                           44

     1  Gulf from the second day of August, nineteen hundred ninety to  the  end
     2  of  such  hostilities,  and [were] was (a) honorably discharged from the
     3  military, or (b) has a qualifying condition, as defined in section three
     4  hundred  fifty  of the executive law, and has received a discharge other
     5  than bad conduct  or  dishonorable  from  such  service,  or  (c)  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.
     9    §  78.  Subdivision 3 of section 404-y of the vehicle and traffic law,
    10  as added by chapter 107 of the laws of  2017,  is  amended  to  read  as
    11  follows:
    12    3.  For  the  purposes of this section, the following terms shall have
    13  the following meanings:
    14    (a) "Veteran of the Iraq War" shall mean a person who is a resident of
    15  this state, who served in the armed forces of the United States  in  the
    16  hostilities that occurred in Iraq from the sixteenth day of October, two
    17  thousand two to the end of such hostilities who (i) was discharged ther-
    18  efrom  under other than dishonorable conditions or (ii) has a qualifying
    19  condition, as defined in section three hundred fifty  of  the  executive
    20  law, and has received a discharge other than bad conduct or dishonorable
    21  from  such service, or (iii) is a discharged LGBT veteran, 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; and
    24    (b)  "Veteran  of  the  Afghanistan  War" shall mean a person who is a
    25  resident of this state, who served in the armed  forces  of  the  United
    26  States  in the hostilities that occurred in Afghanistan from the seventh
    27  day of October, two thousand one to the end of such hostilities who  (i)
    28  was  discharged  therefrom  under  other than dishonorable conditions or
    29  (ii) has a qualifying condition, as defined  in  section  three  hundred
    30  fifty  of the executive law, and has received a discharge other than bad
    31  conduct or dishonorable from such service, or (iii) is a discharged LGBT
    32  veteran, as defined in section three hundred fifty of the executive law,
    33  and has received a discharge other than bad conduct or dishonorable from
    34  such service.
    35    § 79. Paragraph (b) of subdivision 3 of section 490 of the vehicle and
    36  traffic law, as amended by chapter 429 of the laws of 2014,  is  amended
    37  to read as follows:
    38    (b)  The  identification card shall contain a distinguishing number or
    39  mark and adequate space upon which an anatomical gift, pursuant to arti-
    40  cle forty-three of the public health law, by the holder may be  recorded
    41  and  shall  contain  such  other information and shall be issued in such
    42  form as the commissioner shall determine; provided, however, every iden-
    43  tification card or renewal thereof issued to a person under the  age  of
    44  twenty-one  years shall have prominently imprinted thereon the statement
    45  "UNDER 21  YEARS  OF  AGE"  in  notably  distinctive  print  or  format.
    46  Provided,  further, however, that every identification card issued to an
    47  applicant who was a member of the armed forces of the United States  and
    48  (i)  received  an  honorable  discharge  or was released therefrom under
    49  honorable conditions, or (ii) has a qualifying condition, as defined  in
    50  section  three  hundred  fifty  of the executive law, and has received a
    51  discharge other than bad conduct or dishonorable from such  service,  or
    52  (iii)  is a discharged LGBT veteran, as defined in section three hundred
    53  fifty of the executive law, and has received a discharge other than  bad
    54  conduct  or  dishonorable  from  such  service,  shall,  upon his or her
    55  request and submission of proof as set forth herein, contain  a  distin-
    56  guishing  mark,  in such form as the commissioner shall determine, indi-

        S. 45--B                           45

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

        S. 45--B                           46

     1  the  executive  law,  and received a discharge other than bad conduct or
     2  dishonorable from such service,  or  any  other  physically  handicapped
     3  persons,  is  of  vital importance to the state and its people and is of
     4  concern to this legislature;
     5    Third: That it is the considered judgment of this legislature that the
     6  system embodied in this subdivision, which makes a logical and equitable
     7  adjustment of the liability under the workers' compensation law which an
     8  employer  must  assume  in hiring employees, constitutes a practical and
     9  reasonable approach to a solution of the problem for the  employment  of
    10  physically handicapped persons.
    11    Moreover,  because  of  the  insidious  nature  of  slowly  developing
    12  diseases such as silicosis and other dust diseases and  because  of  the
    13  reluctance on the part of employers to employ persons previously exposed
    14  to  silica  or other harmful dust, means should also be provided whereby
    15  employers will be encouraged to employ and to continue the employment of
    16  such persons, by apportioning liability fairly between the employer  and
    17  industry  as a whole without at the same time removing any incentive for
    18  the prevention of harmful dust diseases.
    19    § 82. This act shall take effect one year after it shall have become a
    20  law; provided, however that the amendments to subdivision 7  of  section
    21  369-h of the executive law made by section twenty-five of this act shall
    22  not affect the repeal of such section and shall be deemed repealed ther-
    23  ewith.  Effective  immediately, the addition, amendment and/or repeal of
    24  any rule or regulation necessary for the implementation of this  act  on
    25  its  effective date are authorized to be made and completed on or before
    26  such effective date.
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