Bill Text: NY A08294 | 2021-2022 | General Assembly | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Establishes the veterans' services law and the department of veterans' services; replaces all instances of the term "division of veterans' services" with the term "department of veterans' services".
Spectrum: Slight Partisan Bill (Democrat 40-15)
Status: (Introduced - Dead) 2022-01-25 - reported referred to ways and means [A08294 Detail]
Download: New_York-2021-A08294-Introduced.html
Bill Title: Establishes the veterans' services law and the department of veterans' services; replaces all instances of the term "division of veterans' services" with the term "department of veterans' services".
Spectrum: Slight Partisan Bill (Democrat 40-15)
Status: (Introduced - Dead) 2022-01-25 - reported referred to ways and means [A08294 Detail]
Download: New_York-2021-A08294-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 8294 2021-2022 Regular Sessions IN ASSEMBLY October 15, 2021 ___________ Introduced by M. of A. BARRETT -- read once and referred to the Commit- tee on Veterans' Affairs AN ACT in relation to constituting chapter 13 of the consolidated law, in relation to establishing the veterans' services law and the depart- ment of veterans' services; to amend the domestic relations law, the education law, the election law, the environmental conservation law, the executive law, the general municipal law, the labor law, the mental hygiene law, the not-for-profit corporation law, the public health law, the social services law, the state finance law, the defense emergency act of 1951, the administrative code of the city of New York, the New York city charter, the cannabis law, the state tech- nology law, the county law, the economic development law, the correction law, the civil service law, the general business law, the general construction law, the highway law, the insurance law, the judiciary law, the military law, the public housing law, the public officers law, the private housing finance law, the real property tax law, the tax law, the town law, the vehicle and traffic law, and the workers' compensation law, in relation to replacing all instances of the term "division of veterans services" with the term "department of veterans' services" and to making related conforming technical chang- es; and to repeal certain provisions of the executive law relating to veterans' services and of the military law relating to certain awards and medals The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Articles 17, 17-A and 17-B of the executive law and subdi- 2 vision 1-c of section 247 of the military law are REPEALED. 3 § 2. Chapter 13 of the consolidated laws is enacted to read as 4 follows: 5 CHAPTER 13 OF THE CONSOLIDATED LAWS 6 VETERANS' SERVICES EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD13178-03-1A. 8294 2 1 ARTICLE 1 2 DEPARTMENT OF VETERANS' SERVICES 3 Section 1. Definitions. 4 2. Department of veterans' services. 5 3. Veterans' services commission. 6 4. General functions, powers and duties of department. 7 5. Veteran speaker education program. 8 6. Cooperation and facilities of other departments. 9 7. Information on status of veterans receiving assistance. 10 8. New York state supplemental burial allowance for members of 11 the armed forces of the United States killed in combat or 12 duty subject to hostile fire or imminent danger, as 13 defined in 37 USC § 310. 14 9. New York state veteran burial fund. 15 10. Time within which marriage may be solemnized; member of the 16 armed forces. 17 11. Use of personal confidential information obtained from 18 veterans or family members of veterans receiving services 19 from the state and political subdivisions thereof. 20 12. Acceptance of gifts. 21 13. State veterans' service agency. 22 14. Local veterans' service agencies. 23 15. Powers and duties of local veterans' service agencies. 24 16. Location and cost of local veterans' service agencies; depu- 25 ty local directors. 26 17. Local veterans' service committees. 27 18. Appropriations for expenses and activities of local veter- 28 ans' service agencies. 29 19. Women veterans coordinator. 30 20. Creation of annuity. 31 21. Evidence of entitlement. 32 22. Persons who may receive annuity. 33 23. New York state veterans' cemeteries. 34 24. Veterans health screening. 35 25. Payment to parents of veterans. 36 26. Cremated remains of a veteran. 37 27. New York state silver rose veterans service certificate. 38 § 1. Definitions. When used in this article: 39 1. The term "department" means the department of veterans' services. 40 2. The term "state commissioner" means the New York state commissioner 41 of veterans' services. 42 3. The term "veteran" means a person, male or female, resident of this 43 state, who has served in the active military or naval service of the 44 United States during a war in which the United States engaged and who 45 has been released from such service otherwise than by dishonorable 46 discharge, or who has been furloughed to the reserve. 47 4. The term "armed forces" means the military and naval forces of the 48 United States. 49 5. The term "local director" means the director of a county or city 50 veterans' service agency. 51 6. The term "county director" means a local director of a county 52 veterans' service agency. 53 7. The term "city director" means a local director of a city veterans' 54 service agency. 55 8. The term "qualifying condition" means a diagnosis of post-traumatic 56 stress disorder or traumatic brain injury made by, or an experience ofA. 8294 3 1 military sexual trauma, as described in 38 USC 1720D, as amended from 2 time to time, disclosed to, an individual licensed to provide health 3 care services at a United States Department of Veterans Affairs facility 4 or an individual licensed to provide health care services within the 5 state of New York. The department shall develop a standardized form used 6 to confirm that the veteran has a qualifying condition under this subdi- 7 vision. 8 9. The term "discharged LGBT veteran" means a veteran who was 9 discharged less than honorably from military or naval service due to 10 their sexual orientation or gender identity or expression, as those 11 terms are defined in section two hundred ninety-two of the executive 12 law, or statements, consensual sexual conduct, or consensual acts relat- 13 ing to sexual orientation, gender identity or expression, or the disclo- 14 sure of such statements, conduct, or acts, that were prohibited by the 15 military or naval service at the time of discharge. The department shall 16 establish a consistent and uniform process to determine whether a veter- 17 an qualifies as a discharged LGBT veteran under this subdivision, 18 including, at a minimum, standards for verifying a veteran's status as a 19 discharged LGBT veteran, and a method of demonstrating eligibility as a 20 discharged LGBT veteran. 21 § 2. Department of veterans' services. There is hereby created a 22 department of veterans' services. The head of such department shall be 23 the New York state commissioner of veterans' services who shall be a 24 veteran. He or she shall be appointed by the governor and shall hold 25 office during his or her pleasure. Such state commissioner shall receive 26 an annual salary to be fixed by the governor within the limitation 27 provided by law. He or she shall also be entitled to receive his or her 28 expenses actually and necessarily incurred by him or her in the perform- 29 ance of his or her duties. The state commissioner, with the approval of 30 the governor, may establish such bureaus within the department as are 31 necessary and appropriate to carrying out its functions and may consol- 32 idate or abolish such bureaus. The state commissioner may appoint such 33 officers, consultants, clerks and other employees and agents as he or 34 she may deem necessary, fix their compensation within the limitation 35 provided by law, and prescribe their duties. 36 § 3. Veterans' services commission. 1. There shall be in the depart- 37 ment a veterans' services commission, which shall consist of the members 38 and the ex officio members provided for in this section. 39 2. There shall be thirteen members of the commission who shall be 40 veterans appointed by the governor, including two appointed on recommen- 41 dation of the temporary president of the senate, one appointed on recom- 42 mendation of the minority leader of the senate, two appointed on recom- 43 mendation of the speaker of the assembly, and one appointed on 44 recommendation of the minority leader of the assembly. The appointment 45 of members made by the governor without recommendation shall be subject 46 to advice and consent of the senate. The members of the commission 47 shall serve for terms of three years each. Appointed members presently 48 serving on the commission shall continue to serve for the remainder of 49 the term appointed. Any member chosen to fill a vacancy of such an 50 appointed member occurring otherwise than by expiration of term shall be 51 appointed for the remainder of the unexpired term of the member whom he 52 or she is to succeed. Members appointed as provided in this subdivision 53 shall receive no salary or other compensation, but each shall be enti- 54 tled to receive expenses actually and necessarily incurred in the 55 performance of their duties.A. 8294 4 1 3. Ex officio members. (a) The adjutant general of the state of New 2 York shall be an ex officio member of the commission. 3 (b) In addition, the state commissioner may appoint the head of any 4 other state agency or their designee as a non-voting, ex officio member 5 of the commission. Such appointments shall expire annually on December 6 thirty-first unless such appointments are renewed by the state commis- 7 sioner. 8 4. One of the members of the commission, which shall include the adju- 9 tant general, shall be designated as chairperson by the governor. The 10 designation shall be in writing and shall be filed with the commission. 11 5. The commission shall have power, and it shall be its duty, to 12 assist the state commissioner in the formulation of policies affecting 13 veterans and in the coordination of all operations of state agencies 14 relating to veterans' services. 15 § 4. General functions, powers and duties of department. The depart- 16 ment, by and through the state commissioner or his or her duly author- 17 ized officer or employee, shall have the following functions, powers and 18 duties: 19 1. To coordinate the program and activities of departments, divisions, 20 boards, bureaus, commissions or agencies of the state or of any poli- 21 tical subdivision of the state in providing services and facilities to 22 members of the armed forces and to veterans who are residents of this 23 state and their families. 24 2. To maintain liaison with other public officials and agencies 25 concerned with the development or execution of plans for members of the 26 armed forces and veterans who are residents of this state, and their 27 families, and to assist in the development and execution of such plans. 28 3. To establish, direct and supervise a state veterans' services agen- 29 cy; and to create or designate other agencies of the department to aid 30 and assist in the discharge of one or more of its functions, powers or 31 duties under this article, and grant authority to such agencies as may 32 be deemed necessary for the effective accomplishment of any of such 33 functions, powers or duties. 34 4. To operate and maintain counseling services, rest camps and other 35 agencies and institutions and to administer benefits and facilities for 36 members of the armed forces and veterans who are residents of this 37 state, and their families. 38 5. To provide seminars three times per year at locations throughout 39 the state to advise veterans and their surviving spouses, who are age 40 sixty-two or older, of veterans' benefits for which they may be eligible 41 from the state and federal governments, and the means of obtaining such 42 benefits. 43 6. To provide seminars three times per year at locations throughout 44 the state to advise women veterans of their benefits for which they may 45 be eligible from the state and federal governments, the means of obtain- 46 ing such benefits and other topics, including, but not limited to, 47 health care issues of specific interest to women veterans. 48 7. To provide in cooperation with the office of general services and 49 the office of the comptroller a series of seminars, that shall be 50 conducted four or more times per year at regional sites located through- 51 out the state of New York for the purpose of advising veteran-owned 52 businesses regarding the opportunities available for obtaining procure- 53 ment contracts from New York state agencies, municipalities, and author- 54 ities. Furthermore the seminars shall provide requirements and training 55 that will enable veteran-owned businesses to successfully participate in 56 the procurement process.A. 8294 5 1 8. To execute and assist in the execution of plans for the efficient 2 utilization of the resources and facilities of the state in matters 3 related to members of the armed forces and veterans who are residents of 4 this state, and their families. 5 9. To make studies and analyses and develop and execute plans for 6 assistance and benefits to members of the armed forces and veterans who 7 are residents of this state, and their families, and the creation of 8 agencies, institutions and facilities therefor. 9 10. To prepare and submit a report, in consultation with the office of 10 temporary and disability assistance, department of labor, and office of 11 children and family services to determine the number of homeless persons 12 in New York state that are veterans. Such report shall include, but not 13 be limited to, the following information to the extent it is reasonably 14 accessible to the department: (a) an analysis of veterans in New York 15 state who are currently homeless, or have been homeless within five 16 years of being released from active duty including an analysis of gender 17 as it relates to homelessness of veterans; (b) data on the number of 18 children of homeless veterans, including the current placement of such 19 children; (c) cases of military sexual trauma experienced by homeless 20 veterans while on active duty or during military training, including a 21 breakdown of the collected data based upon the gender of the victim; and 22 (d) the unemployment rate for New York state veterans. The term "chil- 23 dren of homeless veterans" shall mean a person who is unmarried and who 24 is under the age of eighteen years, and is the biological or legally 25 adopted child of a veteran. The report shall be delivered to the gover- 26 nor, the speaker of the assembly and the temporary president of the 27 senate by June thirtieth, two thousand twenty and every three years 28 thereafter. Such report shall be publicly available and posted on the 29 department of veterans' services website. 30 11. To develop and encourage plans for the occupational reorientation 31 of veterans who are residents of this state, including the determination 32 and certification of civilian equivalents for military experience and 33 the development and encouragement of on-the-job training and apprentice- 34 ship training programs. Furthermore, the department shall provide an 35 internet connection to correlate military occupations and skills into 36 civilian translations and terms. 37 12. To provide information regarding resources that are available to 38 assist veterans in establishing and sustaining a small business by main- 39 taining a small business portal on the department's internet website. 40 Such portal shall provide virtual links to appropriate government 41 programs including, but not limited to the United States Department of 42 Veterans' Affairs. The department may consult with the New York State 43 Small Business Development Center and any other appropriate state agen- 44 cies. The department shall make reference to this information in its 45 newsletter, at the three seminars sponsored by the department pursuant 46 to subdivisions five, six, and seven of this section and the annual 47 report to the governor and the legislature as provided in subdivision 48 seventeen of this section. Such information required under this subdivi- 49 sion shall be maintained and updated annually. The information may also 50 be made available in printed form. 51 13. To provide information regarding resources that are available to 52 assist veterans in obtaining employment by maintaining a veterans' 53 employment portal on the department's internet website. Such portal 54 shall provide virtual links to appropriate governmental programs on the 55 federal and state level, including, but not limited to the United States 56 department of labor and the New York state department of labor. TheA. 8294 6 1 department may consult with members of the community devoted to helping 2 veterans obtain employment. The department shall make reference to this 3 information pursuant to subdivisions five, six, and seven of this 4 section and the annual report to the governor and the legislature as 5 provided in subdivision seventeen of this section. Such information 6 required under this subdivision shall be maintained and updated annual- 7 ly. The information may also be made available in printed form. 8 14. To adopt, promulgate, amend and rescind suitable rules and regu- 9 lations to carry out the provisions of this article. 10 15. To recommend to the legislature and the governor legislative 11 proposals for the benefit of members of the armed forces and veterans 12 who are residents of this state, and their families. 13 16. To exercise and perform such other functions, powers and duties as 14 may be deemed necessary to protect the interests and promote the welfare 15 of members of the armed forces and veterans who are residents of this 16 state, and their families. 17 17. To render each year to the governor and to the legislature a writ- 18 ten report of the activities and recommendations of the department. 19 18. (a) For the purpose of providing for the construction, establish- 20 ment, expansion, improvement, support, operation, maintenance and the 21 provision of perpetual care for state veterans' cemeteries, to seek 22 funding from, and make application for funding to: 23 (1) the government of the United States, including any agency or 24 public authority thereof; 25 (2) the government of the state of New York, including any agency or 26 public authority thereof; 27 (3) any political subdivision of the government of the state of New 28 York, including any agency or public authority thereof; or 29 (4) any private individual, corporation or foundation; 30 (b) Pursuant to section twenty-three of this article, to provide for 31 the construction, establishment, expansion, improvement, support, opera- 32 tion, maintenance and the provision of perpetual care for state veterans 33 cemeteries; 34 (c) To expend moneys from the veterans remembrance and cemetery main- 35 tenance and operation fund, established pursuant to section ninety-sev- 36 en-mmmm of the state finance law; and 37 (d) To evaluate, monitor and otherwise oversee the operation of veter- 38 ans cemeteries in this state. 39 19. To make application to the government of the United States or any 40 political subdivision, agency or instrumentality thereof, for funds for 41 the purpose of providing an optional fund for the burial of veterans who 42 (i) were honorably discharged or (ii) had a qualifying condition, as 43 defined in section one of this article, and received a discharge other 44 than bad conduct or dishonorable, or (iii) were a discharged LGBT veter- 45 an, as defined in section one of this article, and received a discharge 46 other than bad conduct or dishonorable, in any not-for-profit cemetery 47 corporation in this state; provided, however, that all costs associated 48 with the establishment of such optional fund shall be borne by the poli- 49 tical subdivision, agency or instrumentality with which the department 50 has contracted. 51 20. To establish, operate and maintain a toll-free telephone number, 52 under the supervision of the state commissioner, for the purpose of 53 providing callers thereof with information relating to services provided 54 by the department as well as services and programs provided to veterans 55 by other agencies, bureaus and organizations. Such services and programs 56 shall include, but not be limited to, educational and job benefits,A. 8294 7 1 tuition assistance programs, survivor benefits, health and mental health 2 referrals and real property tax exemptions. 3 21. To establish, operate and maintain a free mobile application, 4 under the supervision of the state commissioner, for the purposes of 5 providing veterans and their family members with information, available 6 on a region-specific basis, relating to services provided by the depart- 7 ment as well as services and programs provided to veterans by other 8 state agencies, the federal government, and other organizations. Such 9 services and programs shall include, but not be limited to educational 10 and job benefits, tuition assistance programs, survivor benefits, health 11 and mental health referrals, and real property tax exemptions. The 12 department's website shall contain a link to the free mobile applica- 13 tion. 14 22. To develop, jointly with the commissioner of education, a form by 15 which the parent or person in parental relation to a designated child 16 may, should he or she so elect, report to the department that a parent 17 of such child is a veteran of the armed forces who served in Vietnam 18 during the Vietnam conflict. This form shall: (i) clearly state that the 19 parent or person in parental relation is not required to provide the 20 information requested and that the information will have no bearing upon 21 the services the child will receive; (ii) state that the information 22 will be used exclusively for research purposes and explain those 23 research purposes in plain language; and (iii) provide the address to 24 which the form is to be mailed, should the parent or person in parental 25 relation elect to make such report. For the purposes of this subdivi- 26 sion, the term "designated child" shall mean a child designated by a 27 school district committee on special education pursuant to section 28 forty-four hundred two of the education law as either learning disabled 29 or emotionally disturbed. 30 23. To process all information received from nursing homes and resi- 31 dential health care facilities, including assisted living and assisted 32 living residences as defined in section forty-six hundred fifty-one of 33 the public health law, and adult care facilities authorized under title 34 two of article seven of the social services law, indicating veteran or 35 veteran spouse status. Such processing shall occur by transmitting such 36 information to state counselors for review and potential linkage to 37 applicable benefits, including but not limited to federal aid and 38 attendance and a federal improved pension program. State counselors 39 shall work with county counselors or any accredited service officers of 40 an organization chartered by the congress of the United States and/or 41 recognized by the department of veterans affairs for claim represen- 42 tation as necessary and where appropriate. Such information shall be 43 protected as personal confidential information under article six-A of 44 the public officers law against disclosure of confidential material, and 45 shall be used only to assist in providing linkage to applicable benefits 46 and entitlements under federal and state law. 47 24. To include within the annual report as required by subdivision 48 seventeen of this section an accounting of the number of forms received 49 from nursing homes and residential health care facilities, including 50 assisted living and assisted living residences as defined in section 51 forty-six hundred fifty-one of the public health law, and adult care 52 facilities authorized under title two of article seven of the social 53 services law, and the specific number of veterans and spouses of veter- 54 ans linked to applicable benefits, including, but not limited to federal 55 aid and attendance and a federal improved pension program. Such report 56 shall evaluate the average time taken by the department between receiptA. 8294 8 1 of such information, transmission to veterans counselors and linkage to 2 available benefits. Such report shall also evaluate the effectiveness of 3 the program and make recommendations for improvements as necessary. 4 25. To encourage the development of and to provide for the establish- 5 ment of a state women veterans coordinator, as provided in section nine- 6 teen of this article. 7 26. To make available information on accident prevention courses 8 approved by the commissioner of motor vehicles online on the depart- 9 ment's website. The department shall provide a link to the department of 10 motor vehicles website pages containing information on the accident 11 prevention courses. 12 27. To provide information regarding resources that are available to 13 assist veterans who experience mental health or substance abuse prob- 14 lems, and veterans with physical disabilities, by maintaining mental 15 health, substance abuse and physical disabilities portals on the depart- 16 ment's internet website. Such portals shall provide virtual links to 17 appropriate governmental programs on the federal and state levels and 18 information on suicide prevention, peer outreach and support, and 19 services that address the special needs of physically disabled veterans. 20 The department may consult with the office of mental health, the office 21 of addiction services and supports, the department of health and the 22 department of labor. The department shall make reference to this infor- 23 mation provided pursuant to subdivisions five and six of this section 24 and in the annual report to the governor and the legislature required 25 pursuant to subdivision seventeen of this section. Such information 26 required under this subdivision shall be maintained and updated annual- 27 ly. 28 28. To include within the annual report as required by subdivision 29 seventeen of this section an accounting of the number of veteran-owned 30 small businesses in the state of New York, to be listed by the following 31 designations: small business concern owned and controlled by veterans as 32 set forth in 15 U.S.C. section 632(Q)(3), as amended from time to time, 33 and service disabled veteran-owned business enterprise as set forth in 34 article three of this chapter. Such listing shall include but not be 35 limited to the name of the veteran owner or owners of each business, 36 location of each such business, the type of each such business and when- 37 ever practicable, be divided into categories of labor, services, equip- 38 ment, materials and recognized construction trades. The department shall 39 request this information annually from the U.S. department of veterans 40 affairs, any other appropriate federal agencies and the department of 41 service-disabled veterans' business development within the New York 42 state office of general services. 43 29. To maintain a fact sheet on the department's webpage containing 44 (a) contact information for all veterans integrated service networks 45 located within the state, (b) current contact information for the United 46 States veterans health administration including VA medical centers and 47 clinics and (c) contact information for each New York State veterans' 48 home. The fact sheet shall be entitled, "Information for Veterans 49 concerning Health Care Options" and shall be updated annually. 50 30. To maintain a listing on the department's website of the local 51 veterans' service agencies established pursuant to section fourteen of 52 this article with the name, location, hours of operation and contact 53 information of each county and city veterans' service agency. The 54 department shall also provide this information in its annual report to 55 the governor and the legislature as required pursuant to subdivision 56 seventeen of this section. Information under this subdivision shall beA. 8294 9 1 provided to the department by each local veterans' service agency and 2 shall be updated annually. 3 31. To maintain a discharge upgrade advisory board program within the 4 department to provide written non-binding advisory opinions to veterans 5 of the state of New York appealing their character of discharge from the 6 discharge review board or the board for corrections of military records 7 for their branch of service on the federal level. Individuals may 8 submit an application with evidence, including all relevant documents, 9 which shall be reviewed by the discharge upgrade advisory board program 10 in a timely manner. If such board finds the veteran's application for a 11 discharge upgrade is meritorious, then the board will provide the veter- 12 an with a written opinion advocating for the discharge review board or 13 board for corrections of military or naval records to grant that veter- 14 an's appeal. The department shall post information on the discharge 15 upgrade advisory board program on its official webpage. The annual 16 report required by subdivision seventeen of this section shall contain 17 information including, but not limited to, the number of cases reviewed, 18 and the number of cases where a veteran's application was found to be 19 meritorious. 20 32. To provide information regarding resources that are available to 21 assist veterans who experienced military sexual trauma while on active 22 duty or during military training, by maintaining a military sexual trau- 23 ma portal on the department's internet website. Such portal shall 24 provide virtual links to appropriate governmental programs on the feder- 25 al and state levels. The department may consult with the office of 26 mental health and the department of health. The department shall make 27 reference to this information provided pursuant to subdivisions five and 28 six of this section and in the annual report to the governor and the 29 legislature required pursuant to subdivision seventeen of this section. 30 Such information required under this subdivision shall be maintained and 31 updated annually. 32 33. To make widely available to the public via, among other things, 33 publication on the department's website and free mobile application 34 pursuant to subdivision twenty-one of this section, information regard- 35 ing the veterans remembrance and cemetery maintenance and operation fund 36 established pursuant to section ninety-seven-mmmm of the state finance 37 law. 38 34. To coordinate outreach efforts that ensure members of the armed 39 forces and veterans who are residents of this state, and their families, 40 are made aware of services for veterans from any departments, divisions, 41 boards, bureaus, commissions or agencies of the state or any political 42 subdivision of this state. 43 35. To develop collaborative relationships among state, federal, and 44 local agencies and private organizations, including but not limited to 45 the office of mental health, state office for the aging, and office of 46 addiction services and supports, to help facilitate access to services 47 by members of the armed forces and veterans who are residents of the 48 state and their families. 49 § 5. Veteran speaker education program. 1. There is hereby established 50 within the department a veteran speaker education program to be devel- 51 oped and implemented by the commissioner in consultation with the 52 commissioner of the New York state military museum and veterans resource 53 center and in accordance with the provisions of this section. Such 54 program shall provide school districts within this state with a listing 55 of available veteran speakers willing to visit classrooms for the 56 purpose of discussing their military experience.A. 8294 10 1 2. The department, from its available resources, shall develop an 2 informational pamphlet to be distributed either by mail or electron- 3 ically to school districts which provides a general overview of the 4 program including its purpose and how to participate. The department 5 shall, in consultation with congressionally chartered veterans organiza- 6 tions and local veterans services agencies, appoint and create a listing 7 of veteran speakers coordinators for each county of the state who shall 8 be listed in the informational pamphlet. The veteran speakers coordina- 9 tors' duties shall include but not be limited to contacting veterans who 10 reside in their county including those who have participated in the 11 veteran's oral history program at the New York state military museum or 12 the West Point oral history project or the veterans history project of 13 the American Folklore Center or any similar oral history project with 14 information about this program and inquiring as to whether such persons 15 would be willing to participate as speakers or in any other capacity. 16 The listing shall include the names and contact information for such 17 veterans including information describing the type of military service 18 performed by each such person, the time and length of service, geograph- 19 ic area or areas where such person served and rank. The veteran speak- 20 ers coordinators shall annually update such information regarding the 21 availability of such veterans. 22 3. No teacher or veteran shall be required to participate in this 23 program. Any teacher who wishes to supplement his or her classroom 24 instruction concerning a particular era in American military history may 25 contact a participating veteran personally to request that such person 26 visit a classroom to discuss his or her military experience. A teacher 27 shall be responsible for ascertaining the appropriateness of any 28 proposed speaker based upon the age of the children and the intended 29 subject matter. Nothing in this section shall be intended to supersede 30 any particular or general school rules or regulations or other laws 31 relating to curriculum. 32 4. The department shall require a certified copy of the veteran's 33 discharge papers to participate in the veteran speaker program. Such 34 form shall be filed with the department to serve as evidence that such 35 person is a veteran who served in the United States military honorably. 36 5. The department shall implement a procedure for evaluations of each 37 speaker to be completed by teachers and students, and maintain such 38 evaluations and make them available upon request to other teachers who 39 plan to participate. 40 6. The department may consult with other veterans organizations and 41 any branch of the U.S. military in the development of this program. 42 § 6. Cooperation and facilities of other departments. To effectuate 43 the purposes of this article, the governor may direct any department, 44 division, board, bureau, commission or agency of the state, or of any 45 political subdivision thereof, to cooperate with and assist and advise 46 the department in the performance of its duties and functions, and to 47 provide such facilities, including personnel, materials and other 48 assistance and data as will enable the department or any of its agencies 49 to properly carry out its activities and effectuate its purposes under 50 this article. 51 § 7. Information on status of veterans receiving assistance. Depart- 52 ments, divisions, bureaus, boards, commissions and agencies of the state 53 and political subdivisions thereof, which provide assistance, treatment, 54 counseling, care, supervision or custody in service areas involving 55 health, mental health, family services, criminal justice or employment, 56 including but not limited to the office of addiction services andA. 8294 11 1 supports, office of mental health, office of probation and correctional 2 alternatives, office of children and family services, office of tempo- 3 rary and disability assistance, department of health, department of 4 labor, local workforce investment boards, office for people with devel- 5 opmental disabilities, and department of corrections and community 6 supervision, shall request assisted persons to provide information with 7 regard to their veteran status and military experiences. Individuals 8 identifying themselves as veterans shall be advised that the department 9 of veterans' services and local veterans' service agencies established 10 pursuant to section fourteen of this article provide assistance to 11 veterans regarding benefits under federal and state law. Information 12 regarding veterans status and military service provided by assisted 13 persons solely to implement this section shall be protected as personal 14 confidential information under article six-A of the public officers law 15 against disclosure of confidential material, and used only to assist in 16 the diagnosis, treatment, assessment and handling of the veteran's prob- 17 lems within the agency requesting such information and in referring the 18 veteran to the department of veterans' services for information and 19 assistance with regard to benefits and entitlements under federal and 20 state law. 21 § 8. New York state supplemental burial allowance for members of the 22 armed forces of the United States killed in combat or duty subject to 23 hostile fire or imminent danger, as defined in 37 USC § 310. 1. As used 24 in this section, "parent" means a father, a mother, a father through 25 adoption, a mother through adoption, or an individual who, for a period 26 of not less than one year, at any time before the decedent's entry into 27 active military service stood in the relationship of a parent to a dece- 28 dent who died in combat or duty subject to hostile fire or imminent 29 danger, as defined in 37 USC § 310, or who died from a wound incurred in 30 combat or while serving on duty subject to hostile fire or imminent 31 danger, as defined in 37 USC § 310 or, if two persons stood in the 32 relationship of a parent for one year or more, the person who bore the 33 expenses of the funeral of the decedent. 34 2. As used in this section, (a) "wound" means a physical injury to a 35 servicemember on active duty caused by (i) a bullet, shrapnel, or other 36 projectile; (ii) a mine or trap; (iii) an explosion; (iv) a vehicle or 37 aircraft accident not caused by the servicemember's willful misconduct; 38 or (v) any other action caused or induced by the enemy directly result- 39 ing in physical harm to the servicemember. 40 (b) "burial receptacle" means (i) a casket, which shall mean a rigid 41 container that is designed for the encasement of human remains and 42 customarily ornamented and lined with fabric, (ii) an urn, which shall 43 mean a container of wood, metal, pottery, or other material designed for 44 the storage of cremated human remains, and/or (iii) an outer burial 45 receptacle, which shall mean a graveliner, burial vault, or other simi- 46 lar type of container for the placement of a casket or urn. 47 3. There is hereby established within the department a New York state 48 supplemental burial allowance for any member of the armed forces of the 49 United States who: (a) died in combat or duty subject to hostile fire or 50 imminent danger, as defined in 37 USC § 310 or died from a wound 51 incurred in combat or while serving on duty subject to hostile fire or 52 imminent danger, as defined in 37 USC § 310, other than the exceptions 53 noted in paragraphs (d), (e) and (f) of subdivision four of this 54 section, and (b) who was (i) a resident of New York state at the time of 55 his or her death or (ii) a nonresident of New York state at the time of 56 his or her death and a member of the New York Army National Guard or NewA. 8294 12 1 York Air National Guard at the time he or she entered title 10, United 2 States Code, federal active duty status during which period of service 3 he or she died. 4 4. (a) The purpose of the program is to administer and monitor a 5 supplemental allowance program to aid families of military personnel who 6 died in combat or duty subject to hostile fire or imminent danger, as 7 defined in 37 USC § 310, or died from a wound incurred in combat or duty 8 subject to hostile fire or imminent danger, as defined in 37 USC § 310, 9 with respect to expenses incurred in connection with the decedent's 10 funeral and the burial, burial receptacle, cremation, or other interment 11 of the decedent's remains. 12 (b) Eligible recipients under this program shall be those who bore the 13 cost of the decedent's funeral and burial, burial receptacle, cremation, 14 or other interment, in the following order of priority: (i) a surviving 15 spouse or domestic partner of the decedent; (ii) adult children of the 16 decedent, to include step-children and adopted children; (iii) parents 17 or grandparents of the decedent, and parents-in-law or grandparents-in- 18 law of the decedent; (iv) brothers or sisters of the decedent, to 19 include brothers or sisters adopted by the decedent's immediate family 20 and brothers or sisters with whom the decedent shares only one parent in 21 common, and brothers-in-law or sisters-in-law of the decedent; (v) 22 aunts, uncles, and first cousins of the decedent; and (vi) any other 23 relative. Any applicant convicted of making any false statement in the 24 application for the reimbursement shall be subject to the penalties 25 prescribed in the penal law. 26 (c) Such burial allowance is a partial reimbursement of an eligible 27 decedent's funeral and burial, burial receptacle, cremation or other 28 interment costs. The reimbursement is generally applicable to two compo- 29 nents: (i) funeral expenses, and (ii) expenses arising from the burial, 30 burial receptacle, cremation, or other interment of the decedent's 31 remains. Any allowance granted by the government of the United States, 32 pursuant to 38 U.S.C. §§2301, 2302, 2303, 2306, 2307 and 2308 or 10 33 U.S.C. § 1482, or by the decedent's state of residence in the case of an 34 allowance eligible pursuant to subparagraph (ii) of paragraph (b) of 35 subdivision three of this section, shall be first applied toward funeral 36 and burial, burial receptacle, cremation or other interment costs. The 37 state may award an allowance of up to six thousand dollars to cover any 38 remaining expenses. 39 (d) The state shall not award any funds from this allowance to reim- 40 burse any costs for the headstone, grave marker, or medallion of the 41 decedent. 42 (e) The state shall not grant supplemental burial allowance payments 43 for the funeral or the burial, burial receptacle, cremation, or other 44 interment of remains of any decedent whose relations received any 45 reimbursement from this allowance for any previous funeral or burial, 46 burial receptacle, cremation, or other interment of remains for this 47 same decedent. 48 (f) The state shall not grant supplemental burial allowance payments 49 for any person filing a completed application for such allowance with 50 the state later than: (i) two years after the applicant received final 51 written notice from the United States Department of Veterans Affairs 52 regarding an application for reimbursement of funeral or burial, burial 53 receptacle, cremation or other interment expenses pursuant to 38 U.S.C. 54 §§2301, 2302, 2303, 2306, 2307, or 2308, or 10 U.S.C. § 1482, or any 55 combination thereof; or (ii) two years after the expiration date of the 56 filing deadline to apply for reimbursement of funeral, burial, burialA. 8294 13 1 receptacle, cremation or other interment expenses from the United States 2 Department of Veterans Affairs, as defined in 38 U.S.C. § 2304, if the 3 applicant never applied for reimbursement of funeral, burial, burial 4 receptacle, cremation or interment expenses from the United States 5 Department of Veterans Affairs. Any applications received subsequent to 6 these prescribed periods shall be denied as time-barred. 7 (g) Applicants shall furnish evidence of the decedent's military 8 service and relevant after action reports or other documents explaining 9 why the application meets eligibility requirements for each case in the 10 manner and form prescribed by the state commissioner or his or her 11 designee. Upon being satisfied that the facts in the application are 12 true, the state commissioner or his or her designee shall certify to the 13 state comptroller the name and address of such recipient. The decision 14 of the state commissioner or his or her designee on all matters regard- 15 ing any payment from this allowance shall be final. 16 (h) The state commissioner shall submit a report to the governor, the 17 chairperson of the senate finance committee, and the chairperson of the 18 assembly ways and means committee not later than January fifteenth of 19 each year in which this section is in effect. Such report shall include, 20 but not be limited to, regulations promulgated pursuant to this section, 21 allowances paid, and an account of the monies spent and the relationship 22 of the distributees to the decedent. 23 § 9. New York state veteran burial fund. 1. As used in this section, 24 "agent in control of the disposition of remains" means the person 25 responsible or designated to control the disposition of a deceased 26 veteran's remains as defined and outlined in section forty-two hundred 27 one of the public health law. The term "interment" means the disposition 28 of remains as defined in paragraph (g) of section fifteen hundred two of 29 the not-for-profit corporation law. The term "burial" shall include the 30 process as defined in paragraph (e) of section fifteen hundred two of 31 the not-for-profit corporation law. 32 2. As provided in subdivision nineteen of section four of this arti- 33 cle, there is hereby established within the department a New York state 34 veterans burial fund for honorably discharged members of the armed forc- 35 es of the United States who were residents of New York state at the time 36 of his or her death who (i) were honorably discharged from such service, 37 or (ii) had a qualifying condition, as defined in section one of this 38 article, and received a discharge other than bad conduct or dishonorable 39 from such service, or (iii) were discharged LGBT veterans, as defined in 40 section one of this article, and received a discharge other than bad 41 conduct or dishonorable from such service. 42 (a) Eligible recipients under this program shall be those who bore the 43 cost of the funeral as the agent in control of the disposition of 44 remains. An application shall be made available to an eligible recipi- 45 ent. Any applicant convicted of making any false statement in the appli- 46 cation for the reimbursement shall be subject to the penalties 47 prescribed in the penal law. 48 (b) Such optional burial allowance is a reimbursement of an eligible 49 decedent's burial and interment costs not to exceed two thousand five 50 hundred dollars in a New York state not-for-profit cemetery. The 51 reimbursement is generally available as a plot interment allowance. Any 52 allowance granted by the government of the United States, pursuant to 38 53 U.S.C. §§ 2302, 2303, 2306, 2307 and 2308 or 10 U.S.C. § 1482 shall be 54 first applied toward interment costs. An additional allowance of up to 55 the cost of the actual burial and interment as provided under subdivi-A. 8294 14 1 sion nineteen of section four of this article may be awarded to cover 2 any remaining expenses. 3 (c) Evidence of the military service of the decedent for each case 4 shall be furnished in the manner and form prescribed by the state direc- 5 tor; upon being satisfied that the facts in the application are true, 6 the state commissioner shall certify to the state comptroller the name 7 and address of such agent in control of the disposition of remains for 8 reimbursement as provided in this section. 9 § 10. Time within which marriage may be solemnized; member of the 10 armed forces. Notwithstanding section thirteen-b of the domestic 11 relations law, where either of the parties making application for a 12 marriage license, pursuant to section thirteen of the domestic relations 13 law, is a member of the armed forces of the United States on active duty 14 the marriage of the parties shall not be solemnized within twenty-four 15 hours after the issuance of the marriage license, nor shall it be solem- 16 nized after one hundred eighty days from the date of the issuance of the 17 marriage license. Proof that the applicant is a member of the armed 18 forces of the United States shall be furnished to the satisfaction of 19 the official issuing the marriage license. Every license to marry issued 20 pursuant to the provisions of this section shall state the day and hour 21 the license is issued and shall contain a recital that it is issued 22 pursuant to the provisions of this section. 23 § 11. Use of personal confidential information obtained from veterans 24 or family members of veterans receiving services from the state and 25 political subdivisions thereof. 1. Departments, divisions, bureaus, 26 boards, commissions and agencies of the state and political subdivisions 27 thereof, which provide assistance, treatment, counseling, care, super- 28 vision or custody in service areas involving health, mental health, 29 family services, criminal justice or employment shall be required to 30 solicit information on whether their customer or client is a veteran as 31 defined in section eighty-five of the civil service law or family member 32 of a veteran. Any new forms created after the effective date of this 33 section shall contain the following questions: "Have you served in the 34 United States Armed Forces?" "Has someone in your family served in the 35 United States military?" 36 2. Individuals identifying themselves as having served in the military 37 or a family member shall be advised that the department of veterans' 38 services and local veterans service agencies established pursuant to 39 section seventeen of this article provide assistance to veterans regard- 40 ing benefits under federal and state law. Information regarding veterans 41 and military status provided by assisted persons solely to implement 42 this section shall be protected as personal confidential material, and 43 used only to assist in the diagnosis, treatment, assessment and handling 44 of the veteran's or family member's problems within the agency request- 45 ing such information and in referring the veteran or family member to 46 the department of veterans' services for the information and assistance 47 with regard to benefits and entitlements under federal and state law. 48 § 12. Acceptance of gifts. The department with the approval of the 49 governor, may accept any gift or grant for any of the purposes of this 50 article. Any moneys so received may be expended by the department to 51 effectuate any of the purposes of this article, subject to the same 52 limitations as to authorization, audit and approval as are prescribed 53 for state moneys appropriated for the purposes of this article. 54 § 13. State veterans' service agency. 1. A state veterans' service 55 agency established by the department pursuant to this article shall have 56 power and it shall be its duty to inform military and naval authoritiesA. 8294 15 1 of the United States and assist members of the armed forces and veter- 2 ans, who are residents of this state, and their families, in relation to 3 (1) matters pertaining to educational training and retraining services 4 and facilities, (2) health, medical and rehabilitation services and 5 facilities, (3) provisions of federal, state and local laws and regu- 6 lations affording special rights and privileges to members of the armed 7 forces and war veterans and their families, (4) employment and re-em- 8 ployment services, and (5) other matters of similar, related or appro- 9 priate nature. The state veterans' service agency also shall perform 10 such other duties as may be assigned by the state commissioner. 11 2. The state commissioner may, with the approval of the governor, 12 appoint and remove a director of the state veterans' service agency. The 13 state commissioner may from time to time establish, alter or abolish 14 state veterans' service agency districts within the state, establish or 15 abolish offices therefor, and appoint and at pleasure remove a deputy 16 director of the state veterans' service agency for each such district 17 office. With the approval of the state commissioner, the director of the 18 veterans' service agency may appoint such officers, consultants, clerks 19 and other employees as may be necessary to administer the functions of 20 the state veterans' service agency, fix their compensation within the 21 limitation provided by law, and prescribe their duties. 22 § 14. Local veterans' service agencies. 1. County veterans' service 23 agencies. There shall be established a county veterans' service agency 24 in each county not wholly included within a city, and there shall be a 25 county director of each county veterans' service agency. Any county 26 director hired after the effective date of this chapter shall be a 27 veteran as defined in New York state statute. The chair of the board of 28 supervisors of a county, with the approval of the board of supervisors, 29 shall appoint and may at pleasure remove a county director of the county 30 veterans' service agency for such county. In a county having a county 31 president, a county executive or other chief executive officer, such 32 president or executive officer shall appoint and may at pleasure remove 33 a county director. The county director may be paid such compensation as 34 shall be fixed by the appointing officer and the board of supervisors. 35 The county director shall appoint such assistants and employees as he or 36 she may deem necessary, other than those, if any, supplied by the state; 37 he or she may prescribe the duties of those appointed by him or her and 38 fix their salaries within the appropriations made available for that 39 purpose by the county and may at pleasure remove any such assistants or 40 employees. The county director shall have jurisdiction throughout the 41 territorial limits of the county, including any city therein which does 42 not have a city veterans' service agency, provided that after the estab- 43 lishment of a city veterans' service agency in any such city, the county 44 director shall not have jurisdiction within such city. 45 2. City veterans' service agency. There may be established a city 46 veterans' service agency in each city; and there shall be a city direc- 47 tor of each city veterans' service agency which is established. The 48 mayor of such city, or the city manager in a city of less than one 49 hundred forty thousand population having a city manager, shall appoint 50 and may at pleasure remove the city director. A city director may be 51 paid such compensation as shall be fixed by the mayor or city manager, 52 as the case may be, empowered to appoint the city director, and the 53 governing body of the city. The city director may appoint such deputies, 54 assistants and employees as he or she may deem necessary other than 55 those, if any, supplied by the state; the director may prescribe the 56 duties of those appointed by him or her and fix their salaries withinA. 8294 16 1 the appropriations made available for that purpose by the city and may 2 at pleasure remove any such assistant or employee. A city director 3 shall have jurisdiction throughout the territorial limits of the city. 4 3. Accreditation. (a) Current county or city directors within three 5 years from the effective date of this subdivision shall take all steps 6 necessary to be accredited as a veterans service organization (VSO) 7 representative. Accreditation shall mean the authority granted by the 8 United States Department of Veterans Affairs to assist veterans and 9 their family members in the preparation, presentation, and prosecution 10 of claims for benefits pursuant to section 5902 of Title 38 U.S.C. and 11 section 14.628 of Title 38 Code of Federal Regulations. Once an appli- 12 cation for accreditation is approved by the General Counsel of the 13 United States Department of Veterans Affairs and the applicant is noti- 14 fied of this action, the director of the county or city veterans service 15 agency shall file a copy of the accreditation certificate from the 16 appropriate veterans service organization with the commissioner of the 17 department. Such accreditation shall be maintained during the duration 18 of his or her status as a commissioner of such county or city veterans 19 service agency. The commissioner of the department may determine that 20 satisfactory completion of a course or instruction on veterans' benefits 21 approved by the United States Department of Veterans Affairs and 22 conducted by the department may fulfill the requirements of this subdi- 23 vision. 24 (b) Any county or city director hired after the effective date of this 25 chapter shall take all steps necessary to be accredited as a veterans 26 service organization (VSO) representative within eighteen months of such 27 appointment. Accreditation shall mean the authority granted by the 28 United States Department of Veterans Affairs to assist veterans and 29 their family members in the preparation, presentation, and prosecution 30 of claims for benefits pursuant to section 5902 of Title 38 U.S.C. and 31 section 14.628 of Title 38 Code of Federal Regulations. Once an appli- 32 cation for accreditation is approved by the General Counsel of the 33 United States Department of Veterans Affairs and the applicant is noti- 34 fied of this action, the director of the county or city veterans service 35 agency shall file a copy of the accreditation certificate from the 36 appropriate veterans service organization with the commissioner of the 37 department. Such accreditation shall be maintained during the duration 38 of his or her status as a director of such county or city veterans 39 service agency. The commissioner of the department may determine that a 40 satisfactory completion of a course of instruction on veterans' benefits 41 approved by the United States Department of Veterans Affairs and 42 conducted by the department may fulfill the requirements of this subdi- 43 vision. 44 (c) During the time a director is working toward accreditation pursu- 45 ant to paragraphs (a) and (b) of this subdivision, such individual may 46 provide services to veterans and their family members as defined in 47 section fifteen of this article other than the preparation, presenta- 48 tion, and prosecution of claims for benefits under federal statutes and 49 regulations. 50 § 15. Powers and duties of local veterans' service agencies. 1. A 51 local veterans' service agency shall have power under the direction of 52 the state veterans' service agency, and it shall be its duty to inform 53 military and naval authorities of the United States and assist members 54 of the armed forces and veterans, who are residents of this state, and 55 their families, in relation to (1) matters pertaining to educational 56 training and retraining services and facilities, (2) health, medical andA. 8294 17 1 rehabilitation services and facilities, (3) provisions of federal, state 2 and local laws and regulations affording special rights and privileges 3 to members of the armed forces and war veterans and their families, (4) 4 employment and re-employment services, (5) the process of submitting an 5 application for a discharge upgrade to the discharge upgrade advisory 6 board, and (6) other matters of similar, related or appropriate nature. 7 The local veterans' service agency may also assist families of members 8 of the reserve components of the armed forces and the organized militia 9 ordered into active duty to ensure that they are made aware of and are 10 receiving all appropriate support available to them and are placed in 11 contact with the agencies responsible for such support, including, but 12 not limited to, the division of military and naval affairs and other 13 state agencies responsible for providing such support. The local veter- 14 ans' service agency also shall perform such other duties as may be 15 assigned by the state commissioner. 16 2. A local veterans' service agency shall utilize, so far as possible, 17 the services and facilities of existing officers, offices, departments, 18 commissions, boards, bureaus, institutions and other agencies of the 19 state and of the political subdivisions thereof and all such officers 20 and agencies shall cooperate with and extend such services and facili- 21 ties to the local veterans' service agency as it may require. 22 § 16. Location and cost of local veterans' service agencies; deputy 23 local directors. 1. A local director shall designate the location of the 24 local and branch offices of the local veterans' service agency within 25 his or her jurisdiction, which offices shall be open during convenient 26 hours. The cost of maintenance and operation of a county veterans' 27 service agency shall be a county charge and the cost of maintenance and 28 operation of a city veterans' service agency shall be a city charge, 29 excepting that the state commissioner with the approval of the veterans' 30 services commission shall allot and pay, from state moneys made avail- 31 able to him or her for such purposes, to each county veterans' service 32 agency and each city veterans' service agency, an amount equal to fifty 33 per centum of its expenditures for maintenance and operation approved by 34 the state commissioner, provided that in no event shall the amount 35 allotted and paid for such approved expenditures incurred in any given 36 year exceed (1) in the case of any county veterans' service agency in a 37 county having a population of not more than one hundred thousand or in 38 the case of any city veterans' service agency in a city having a popu- 39 lation of not more than one hundred thousand, the sum of ten thousand 40 dollars, nor (2) in the case of any county veterans' service agency in a 41 county having a population in excess of one hundred thousand excluding 42 the population of any city therein which has a city veterans' service 43 agency, the sum of ten thousand dollars, and, in addition thereto, the 44 sum of five thousand dollars for each one hundred thousand, or major 45 portion thereof, of the population of the county in excess of one 46 hundred thousand excluding the population of any city therein which has 47 a city veterans' service agency, nor (3) in the case of any city veter- 48 ans' service agency in a city having a population in excess of one 49 hundred thousand, the sum of ten thousand dollars, and, in addition 50 thereto, the sum of five thousand dollars for each one hundred thousand, 51 or major portion thereof, of the population of the city in excess of one 52 hundred thousand. Such population shall be certified in the same manner 53 as provided by section fifty-four of the state finance law. 54 2. The head of a branch office of a local veterans' service agency 55 shall be a deputy local director of the local veterans' service agency 56 who shall be appointed by the local director of the county or city inA. 8294 18 1 which the branch office is located with the approval of the governing 2 body which makes the appropriation for the maintenance of such branch 3 office; provided, however, that the head of a branch office of a local 4 veterans' service agency which operates in and for two or more adjoining 5 towns or adjoining villages in the same county, and hereinafter in this 6 article referred to as a consolidated branch office, shall be appointed 7 by the local director of the county in which the branch office is 8 located with the approval of the governing body of each town or village 9 which makes an appropriation for or toward the maintenance of such 10 branch office, and any town or village is authorized to enter into an 11 agreement with an adjoining town or an adjoining village in the same 12 county, respectively, or with two or more respective adjoining towns or 13 villages in the same county, providing for their joint undertaking to 14 appropriate and make available moneys for or toward the maintenance of 15 such a consolidated branch office. 16 § 17. Local veterans' service committees. The same authority which 17 appoints a local director shall appoint for each county and city veter- 18 ans' service agency a veterans' service committee to assist the local 19 director and shall appoint a chair thereof. Similar committees may be 20 appointed in each village and town where there is a deputy local direc- 21 tor by the mayor of such village and the supervisor of such town in 22 which the branch office of the deputy local director is located or in 23 which it operates. A similar committee may also be appointed in any city 24 in and for which there is not established a separate city veterans' 25 service agency, and in and for which there is a deputy local director 26 and a branch office of the county veterans' service agency; and such 27 appointment in any case shall be made by the city official authorized to 28 appoint a city director in the case of a separate city veterans' service 29 agency. 30 § 18. Appropriations for expenses and activities of local veterans' 31 service agencies. Each county and each city of the state in which is 32 established a county veterans' service agency or a city veterans' 33 service agency, as the case may be, is hereby authorized to appropriate 34 and make available to the veterans' service agency of such respective 35 county or city, such sums of money as it may deem necessary to defray 36 the expenses and activities of such agency, and the expenses and activ- 37 ities of such agencies are hereby declared to be proper county and city 38 purposes for which the moneys of the county or city may be expended. 39 Each city in and for which there is not established a separate city 40 veterans' service agency, and each village and town of the state is 41 hereby authorized to appropriate and make available to the deputy local 42 director heading the branch office in and for such city, village or 43 town, if any, of the county veterans' service agency having jurisdiction 44 within such city, village or town, such sums of money as it may deem 45 necessary to defray the salary, expenses and activities of the deputy 46 local director heading such branch office in and for such city, village 47 or town and his or her office, including the salaries of persons 48 employed in such office, and such salaries, expenses and activities are 49 hereby declared to be proper city, village and town purposes for which 50 the moneys of such cities, villages and towns may be expended. Each 51 village and town is also authorized to appropriate and make available to 52 the deputy local director heading the consolidated branch office, if 53 any, for such village or town and any adjoining village or villages, or 54 town or towns, as the case may be, of the county veterans' service agen- 55 cy having jurisdiction within such village or town, such sums of money 56 as it may determine to defray in part the salary, expenses and activ-A. 8294 19 1 ities of the deputy local director heading such consolidated branch 2 office for such village or town and any adjoining village or villages or 3 town or towns, as the case may be, including the salaries of persons 4 employed in such consolidated branch office, and such salaries, expenses 5 and activities are hereby declared to be proper village and town 6 purposes for which the moneys of such villages and towns may be 7 expended. 8 § 19. Women veterans coordinator. 1. Definitions. (a) "Veteran" shall 9 have the same meaning as provided in subdivision one of section twenty- 10 two of this article. 11 (b) "Department" shall mean the state department of veterans' 12 services. 13 (c) "Women veterans coordinator" shall be a veteran. 14 2. Such women veterans coordinator shall be appointed by the commis- 15 sioner. 16 3. Establishment of women veterans coordinator. There is hereby estab- 17 lished within the department, a "women veterans coordinator" who shall 18 work under the direction of the commissioner and whose duties shall 19 include, but not be limited to, the: 20 (a) identification, development, planning, organization and coordi- 21 nation of all statewide programs and services to meet the needs of women 22 veterans; 23 (b) recommendation to the commissioner to ensure compliance with all 24 existing department policies and regulations pertaining to the needs of 25 women veterans on the state and federal level and make recommendations 26 regarding the improvement of benefits and services to women veterans; 27 (c) liaison between the department, the United States Department of 28 Veterans Affairs center for women veterans, the United States Department 29 of Veterans Affairs Advisory Committee on Women Veterans, state veterans 30 nursing homes, state agencies, community groups, advocates and other 31 veterans and military organizations and interested parties; 32 (d) advocating for all women veterans in the state; 33 (e) development and maintenance of a clearinghouse for information and 34 resources for women veterans; 35 (f) promote events and activities that recognize, educate and honor 36 women veterans, including but not limited to seminars required under 37 subdivision six of section four of this article, veteran human rights 38 conferences, veterans benefits and resources events, and veterans 39 cultural competence training; 40 (g) inclusion of the contributions women veterans have made on behalf 41 of the United States and this state on the department's official 42 website; and 43 (h) preparation of reports on topics including, but not limited to, 44 the demographics of women veterans, the number of women veterans listed 45 by county, and the unique needs of the women veterans population, to the 46 extent such information is available, to the commissioner on the status 47 of women veterans within New York state. 48 4. Reports. The women veterans coordinator shall submit a report to 49 the commissioner each year after the effective date of this section. 50 Such report shall include, but not be limited to, a description of the 51 women veterans coordinator's activities for the calendar year and the 52 programs developed pursuant to the provisions of this section. The 53 commissioner shall submit the report or a synopsis of the report to the 54 governor in accordance with the provisions of section four of this arti- 55 cle.A. 8294 20 1 § 20. Creation of annuity. 1. Payment to veterans. a. Any veteran as 2 defined in this article who has been or is hereafter classified by the 3 New York State commission for the visually handicapped as a blind person 4 as defined in section three of chapter four hundred fifteen of the laws 5 of nineteen hundred thirteen, as amended, and continues to be a blind 6 person within the meaning of that section, shall, upon application to 7 the commissioner of the department of veterans' services, be paid out of 8 the treasury of the state for such term as such veteran shall be enti- 9 tled thereto under the provisions of this article, the sum of one thou- 10 sand dollars annually, plus any applicable annual adjustment, as 11 provided in this section. 12 b. The entitlement of any veteran to receive the annuity herein 13 provided shall terminate upon his or her ceasing to continue to be a 14 resident of and domiciled in the state, but such entitlement may be 15 reinstated upon application to the commissioner of veterans' services, 16 if such veteran shall thereafter resume his or her residence and domi- 17 cile in the state. 18 c. The effective date of an award of the annuity to a veteran shall be 19 the date of receipt of the application therefor by the commissioner of 20 veterans' services, except that if the application is denied but is 21 granted at a later date upon an application for reconsideration based 22 upon new evidence, the effective date of the award of the annuity to a 23 veteran shall be the date of receipt of the application for reconsider- 24 ation by the commissioner of veterans' services. 25 2. Payment to widows and widowers of blind veterans. a. The unremar- 26 ried spouse of a veteran who heretofore has died or the unremarried 27 spouse of a veteran dying hereafter, such veteran being at the time of 28 her or his death a recipient of, or eligible for, the benefits above 29 provided, shall, upon application to the commissioner of veterans' 30 services, also be paid out of the treasury of the state the sum of one 31 thousand dollars annually, plus any applicable annual adjustment, for 32 such term as such unremarried spouse shall be entitled thereto under the 33 provisions of this article. 34 b. The entitlement of any widow or widower to receive the annuity 35 herein provided shall terminate upon her or his death or re-marriage or 36 upon her or his ceasing to continue to be a resident of and domiciled in 37 the state of New York, but such entitlement may be reinstated upon 38 application to the commissioner of veterans' services, if such widow or 39 widower shall thereafter resume her or his residence and domicile in the 40 state. 41 c. The effective date of an award of the annuity to a widow or widower 42 shall be the day after the date of death of the veteran if the applica- 43 tion therefor is received within one year from such date of death. If 44 the application is received after the expiration of the first year 45 following the date of the death of the veteran, the effective date of an 46 award of the annuity to a widow or widower shall be the date of receipt 47 of the application by the commissioner of veterans' services. If an 48 application is denied but is granted at a later date upon an application 49 for reconsideration based upon new evidence, the effective date of the 50 award of the annuity to a widow or widower shall be the date of receipt 51 of the application for reconsideration by the commissioner of veterans' 52 services. 53 3. Annual adjustment. Commencing in the year two thousand five, and 54 for each year thereafter, the amount of any annuity payable under this 55 section shall be the same amount as the annuity payable in the preceding 56 year plus a percentage adjustment equal to the annual percentageA. 8294 21 1 increase, if any, for compensation and pension benefits administered by 2 the United States Department of Veterans' Affairs in the previous year. 3 Such percentage increase shall be rounded up to the next highest one- 4 tenth of one percent and shall not be less than one percent nor more 5 than four percent. Commencing in the year two thousand five, the direc- 6 tor of veterans' services, not later than February first of each year, 7 shall publish by any reasonable means the amount of the annuity as 8 adjusted payable under this section. 9 § 21. Evidence of entitlement. 1. The evidence of such service, blind- 10 ness, residence and domicile, or of such marriage, widowhood, residence 11 and domicile in each case shall be furnished in the manner and form 12 prescribed by the commissioner of veterans' services who shall examine 13 the same. 14 2. Upon being satisfied that such service was performed, that other 15 facts and statements in the application of such veteran or widow or 16 widower are true and that the said veteran has been classified by the 17 New York state commission for the visually handicapped as a blind 18 person, where such veteran is not receiving or not entitled to receive a 19 benefit from any existing retirement system to which the state is a 20 contributor, unless such veteran shall have become disabled by reason of 21 loss of sight, while engaged in employment entitling him or her to 22 receive a benefit from any existing retirement system to which the state 23 is a contributor, and as a result of such disability has retired from 24 such employment and is receiving or is entitled to receive a benefit 25 from such retirement system the commissioner of veterans' services shall 26 certify to the state comptroller the name and address of such veteran or 27 widow or widower. 28 3. Thereafter the department of taxation and finance, through the 29 division of finance, on the audit and warrant of the comptroller, shall 30 pay such veteran or widow or widower such sum as is authorized by the 31 provisions of this article in monthly installments for so long as such 32 veteran or widow or widower shall meet the requirements of this article. 33 § 22. Persons who may receive annuity. 1. a. The word "veteran," as 34 used in this article shall be taken to mean and include any person who 35 is a resident of the state of New York, and who (i) has been or may be 36 given an honorable, general or ordinary discharge or any other form of 37 release from such service, except a dishonorable discharge, a bad 38 conduct discharge, an undesirable discharge, a discharge without honor 39 or a discharge for the good of the service, or (ii) has a qualifying 40 condition, as defined in section one of this article, and has received a 41 discharge other than bad conduct or dishonorable from such service, or 42 (iii) is a discharged LGBT veteran, as defined in section one of this 43 article, and has received a discharge other than bad conduct or 44 dishonorable from such service, and who (iv) was a recipient of the 45 armed forces expeditionary medal, the navy expeditionary medal or the 46 marine corps expeditionary medal for participation in operations in 47 Lebanon from June first, nineteen hundred eighty-three to December 48 first, nineteen hundred eighty-seven, in Grenada from October twenty- 49 third, nineteen hundred eighty-three to November twenty-first, nineteen 50 hundred eighty-three, or in Panama from December twentieth, nineteen 51 hundred eighty-nine to January thirty-first, nineteen hundred ninety, or 52 (v) served on active duty for ninety days or more in the armed forces of 53 the United States during any one of the following wars or hostilities: 54 (1) in the Spanish-American war from the twenty-first day of April, 55 eighteen hundred ninety-eight to the eleventh day of April, eighteen 56 hundred ninety-nine, inclusive;A. 8294 22 1 (2) in the Philippine insurrection or the China relief expedition from 2 the eleventh day of April, eighteen hundred ninety-nine to the fourth 3 day of July, nineteen hundred two, inclusive; 4 (3) in the Mexican border campaign from the ninth day of May, nineteen 5 hundred sixteen, to the fifth day of April, nineteen hundred seventeen, 6 inclusive; 7 (4) in World War I from the sixth day of April, nineteen hundred 8 seventeen to the eleventh day of November, nineteen hundred eighteen, 9 inclusive; 10 (5) in World War II from the seventh day of December, nineteen hundred 11 forty-one to the thirty-first day of December, nineteen hundred forty- 12 six, inclusive, or who was employed by the War Shipping Administration 13 or Office of Defense Transportation or their agents as a merchant seaman 14 documented by the United States Coast Guard or Department of Commerce, 15 or as a civil servant employed by the United States Army Transport 16 Service (later redesignated as the United States Army Transportation 17 Corps, Water Division) or the Naval Transportation Service; and who 18 served satisfactorily as a crew member during the period of armed 19 conflict, December seventh, nineteen hundred forty-one, to August 20 fifteenth, nineteen hundred forty-five, aboard merchant vessels in 21 oceangoing, i.e., foreign, intercoastal, or coastwise service as such 22 terms are defined under federal law (46 USCA 10301 & 10501) and further 23 to include "near foreign" voyages between the United States and Canada, 24 Mexico, or the West Indies via ocean routes, or public vessels in ocean- 25 going service or foreign waters and who has received a Certificate of 26 Release or Discharge from Active Duty and a discharge certificate, or an 27 Honorable Service Certificate/Report of Casualty, from the Department of 28 Defense, or who served as a United States civilian employed by the Amer- 29 ican Field Service and served overseas under United States Armies and 30 United States Army Groups in World War II during the period of armed 31 conflict, December seventh, nineteen hundred forty-one through May 32 eighth, nineteen hundred forty-five, and who (i) was discharged or 33 released therefrom under honorable conditions, or (ii) has a qualifying 34 condition, as defined in section one of this article, and has received a 35 discharge other than bad conduct or dishonorable from such service, or 36 (iii) is a discharged LGBT veteran, as defined in section one of this 37 article, and has received a discharge other than bad conduct or 38 dishonorable from such service, or who served as a United States civil- 39 ian Flight Crew and Aviation Ground Support Employee of Pan American 40 World Airways or one of its subsidiaries or its affiliates and served 41 overseas as a result of Pan American's contract with Air Transport 42 Command or Naval Air Transport Service during the period of armed 43 conflict, December fourteenth, nineteen hundred forty-one through August 44 fourteenth, nineteen hundred forty-five, and who (iv) was discharged or 45 released therefrom under honorable conditions, or (v) has a qualifying 46 condition, as defined in section one of this article, and has received a 47 discharge other than bad conduct or dishonorable from such service, or 48 (vi) is a discharged LGBT veteran, as defined in section one of this 49 article, and has received a discharge other than bad conduct or 50 dishonorable from such service; 51 (6) in the Korean hostilities from the twenty-seventh day of June, 52 nineteen hundred fifty to the thirty-first day of January, nineteen 53 hundred fifty-five, inclusive; 54 (7) in the Vietnam conflict from the twenty-eighth day of February, 55 nineteen hundred sixty-one to the seventh day of May, nineteen hundred 56 seventy-five;A. 8294 23 1 (8) in the Persian Gulf conflict from the second day of August, nine- 2 teen hundred ninety to the end of such conflict. 3 b. The word "veteran" shall also mean any person who meets the other 4 requirements of paragraph a of this subdivision, who served on active 5 duty for less than ninety days, if he or she was discharged or released 6 from such service for a service-connected disability or who served for a 7 period of ninety consecutive days or more and such period began or ended 8 during any war or period of hostilities as defined in paragraph a of 9 this subdivision. 10 c. The term "active duty" as used in this article shall mean full time 11 duty in the armed forces, other than active duty for training; provided, 12 however, that "active duty" shall also include any period of active duty 13 for training during which the individual concerned was disabled or died 14 from a disease or injury incurred or aggravated during such period. 15 2. No annuity shall be paid under this article to or for a person who 16 is in prison in a federal, state or local penal institution as a result 17 of conviction of a felony or misdemeanor for any part of the period 18 beginning sixty-one days after his or her imprisonment begins and ending 19 when his or her imprisonment ends. 20 3. Where any veteran is disqualified for the annuity for any period 21 solely by reason of the provisions of subdivision two of this section, 22 the commissioner of veterans' services shall pay to his or her spouse, 23 if any, the annuity which such veteran would receive for that period but 24 for said subdivision two. 25 4. In case an unmarried, divorced or widowed veteran or a widow of a 26 deceased annuitant is being furnished hospital treatment, institutional 27 or domiciliary care by the United States or the state, the annuity paya- 28 ble under this article to such veteran or widow or widower may be 29 discontinued after the first day of the seventh calendar month following 30 the month of admission of such veteran or widow for treatment or care. 31 Payment of such annuity shall be resumed if such veteran or widow or 32 widower is discharged from the hospital, institution or home, or if his 33 or her treatment or care therein is otherwise terminated. 34 5. Where payment of the annuity as hereinbefore authorized is to be 35 made to a mentally incompetent person or a conservatee, such payment may 36 be authorized by the commissioner of veterans' services of the state to 37 be paid only to a duly qualified court-appointed committee or conserva- 38 tor, legally vested with the care of such incompetent's person or prop- 39 erty or of such conservatee's property, except that in the case of an 40 incompetent annuitant for whom a committee has not been appointed or a 41 person under a substantial impairment for whom a conservator has not 42 been appointed and who is hospitalized in a United States veterans 43 health administration hospital or in a hospital under the jurisdiction 44 of the state of New York, the commissioner of veterans' services of the 45 state may in his or her discretion certify payment of the annuity, as 46 hereinbefore authorized, to the manager of such United States veterans 47 health administration hospital or to the commissioner of such state 48 hospital for the account of the said incompetent or substantially 49 impaired annuitant. 50 § 23. New York state veterans' cemeteries. 1. Legislative intent. The 51 legislature finds and determines that the devoted service and sacrifice 52 of veterans deserve important, unique and eternal recognition by the 53 state of New York. That it is by means of the devoted service and sacri- 54 fice of veterans that the liberty, freedom and prosperity enjoyed by all 55 New Yorkers is maintained and preserved.A. 8294 24 1 The legislature further finds and determines that to provide this 2 important, unique and eternal recognition, the state shall establish a 3 program of New York state veterans' cemeteries in New York. Such program 4 shall provide for the construction, establishment, expansion, improve- 5 ment, support, operation, maintenance and the provision of perpetual 6 care for state veterans' cemeteries in this state, and thereby for the 7 memorialization and remembrance of individual veterans and their service 8 to their community, state and nation. 9 The legislature additionally finds and determines that it is therefore 10 necessary to provide for the construction and establishment of one or 11 more New York state veterans' cemeteries, and that to thereafter, 12 provide for the expansion, improvement, support, operation, maintenance 13 and the provision of perpetual care of all such cemeteries so 14 constructed and established. The legislature also finds and determines 15 that it is appropriate to have the responsibility for the construction, 16 establishment, expansion, improvement, support, operation, maintenance 17 and the provision of perpetual care for veterans' cemeteries in this 18 state, to be under the oversight and direction of the state department 19 of veterans' services, and its commissioner, individually, and as chair 20 of the management board, for each such veterans' cemetery so constructed 21 and established. 22 2. The establishment of the first New York state veterans' cemetery. 23 (a) The commissioner shall issue, on behalf of the department, a public 24 request for information for any local government desiring to have the 25 first state veterans' cemetery located within its political subdivision. 26 Such request shall specify the type of information to be provided, 27 including, at a minimum, a detailed map of the site including potential 28 transportation routes, the history of the site, the types of burials the 29 site could accommodate, and the estimated number of veterans within a 30 seventy-five mile radius of the site. Such requests for information 31 shall be returnable to the department by no later than sixty days 32 following the issuance of the requests for information. Requests for 33 information issued by and returned to the department shall be publicly 34 available and posted on the department's website. 35 (a-1) Following the deadline for the return of requests for informa- 36 tion pursuant to paragraph (a) of this subdivision, the department, in 37 cooperation with the United States Department of Veterans Affairs, and 38 in consultation with, and upon the support of the department of state 39 division of cemeteries, is hereby directed to conduct an investigation 40 and study on the issue of the construction and establishment of the 41 first New York state veterans' cemetery. Such investigation and study 42 shall include, but not be limited to: 43 (i) Potential site locations for such cemetery, with full consider- 44 ation as to the needs of the veterans population; only locations within 45 local governments that have submitted a request for information pursuant 46 to paragraph (a) of this subdivision shall be considered and each such 47 submission shall be considered; 48 (ii) The size of the cemetery and types of grave sites; 49 (iii) The number of annual interments at the cemetery; 50 (iv) Transportation accessibility to the cemetery by veterans, their 51 families and the general public; 52 (v) Costs for construction of the cemetery; 53 (vi) Costs of operation of the cemetery, including but not limited to 54 staffing costs to maintain the cemetery; 55 (vii) Scalability of the cemetery for future growth and expansion;A. 8294 25 1 (viii) Potential for funding for the cemetery from federal, local and 2 private sources; 3 (ix) Cost of maintenance; 4 (x) Data on the population that would be served by the site; 5 (xi) The average age of the population in the area covered; 6 (xii) The mortality rate of the veteran population for the area; 7 (xiii) Surrounding land use; 8 (xiv) Topography of the land; 9 (xv) Site characteristics; 10 (xvi) Cost of land acquisition; 11 (xvii) The location of existing cemeteries including but not limited 12 to national veterans' cemeteries, county veterans' cemeteries, ceme- 13 teries that have plots devoted to veterans, not-for-profit cemeteries 14 and any other burial ground devoted to veterans and any other type of 15 burial grounds devoted to the interment of human remains that is of 16 public record; and 17 (xviii) Such other and further items as the commissioner of the 18 department deems necessary for the first state veterans' cemetery to be 19 successful. 20 A report of the investigation and study conclusions shall be delivered 21 to the governor, the temporary president of the senate, the speaker of 22 the assembly and the chair of the senate committee on veterans, homeland 23 security and military affairs, and the chair of the assembly committee 24 on veterans' affairs by no later than one hundred eighty days after the 25 department has commenced the conduct of the investigation and study. 26 (a-2) Upon the completion of the investigation and study, the results 27 shall be provided to the selection committee. The selection committee 28 shall consist of nine members as follows: 29 (i) The commissioner of the department of veterans' services, or his 30 or her representative; 31 (ii) The director of the division of the budget, or his or her repre- 32 sentative; 33 (iii) Three members appointed by the governor, two of whom shall be 34 veterans; 35 (iv) Two members appointed by the temporary president of the senate, 36 at least one of whom shall be a veteran; and 37 (v) Two members appointed by the speaker of the assembly, at least one 38 of whom shall be a veteran. 39 (a-3) The selection committee shall be subject to articles six and 40 seven of the public officers law. The selection committee shall evaluate 41 the results of the study and, upon a majority vote, make a determination 42 as to the location of the first state veterans' cemetery. In making this 43 determination, the committee's consideration shall, at a minimum, 44 include: 45 (i) The findings established by the study; 46 (ii) The submitted responses to the requests for information issued 47 pursuant to paragraph (a) of this subdivision; 48 (iii) The guidelines for receipt of federal funding specified in 38 49 USC 2408, 38 CFR 39, and any other relevant federal statute or regu- 50 lation; 51 (iv) The possibility of funding from private individuals, corpo- 52 rations, or foundations; and 53 (v) Any other consideration that would facilitate the successful oper- 54 ation of the first state veterans' cemetery. 55 (b) The commissioner of the department, the commissioner of the office 56 of general services, and the chair of the division of cemeteries shallA. 8294 26 1 determine the amount of money necessary to fund the non-reimbursable 2 costs of a state veterans' cemetery, such as operation and maintenance, 3 for a period of not less than ten years, provided that such amount shall 4 not include monies that would be recoverable by the cemetery pursuant to 5 a charge of fee for the provision of a gravesite for a non-veteran 6 spouse or eligible dependent. Prior to submitting any application for 7 funding from the government of the United States in accordance with the 8 grant requirements specified in 38 USC 2408, 38 CFR 30, and other rele- 9 vant federal statutes or regulations, for the purpose of seeking funds 10 to support the construction, establishment, expansion, improvement, 11 support, operation or maintenance of New York state's veterans' ceme- 12 teries, the director of the division of the budget and the office of the 13 state comptroller must certify to the governor, the temporary president 14 of the senate, the speaker of the assembly, the chair of the senate 15 finance committee and the chair of the assembly ways and means committee 16 that there are sufficient funds to cover such amount; provided further 17 that such moneys may include the veterans remembrance and cemetery main- 18 tenance and operation fund created pursuant to section ninety-seven-mmmm 19 of the state finance law. In making such a certification, the director 20 of the division of the budget and the office of the state comptroller 21 shall consider, but are not limited to, the following factors: 22 (i) physical attributes of the veterans cemetery, including size, 23 location, and terrain; 24 (ii) staffing costs, cost of equipment and equipment maintenance, and 25 security costs; 26 (iii) relevant state and federal requirements and specifications for 27 interment and perpetual care; 28 (iv) estimates provided by the United States Department of Veterans 29 Affairs; 30 (v) any other non-reimbursable fiscal cost, charge or assessment that 31 would be incurred by the cemetery. 32 (c) Once the certification that there are sufficient funds pursuant to 33 paragraph (b) of this subdivision has been made, and no later than thir- 34 ty days following the selection of the site pursuant to paragraph (a-3) 35 of this subdivision, the commissioner, in consultation with the manage- 36 ment board of the first New York state veterans' cemetery, shall 37 commence the application process for funding from the government of the 38 United States, in accordance with the grant requirements specified in 39 section 2408 of title 38 of the United States code, part 39 of title 38 40 of the code of federal regulations, and any other relevant federal stat- 41 ute or regulation, for the purpose of seeking funds to support the 42 construction, establishment, expansion, improvement, support, operation, 43 maintenance and the provision of perpetual care of New York state's 44 first veterans' cemetery. Such grant application shall be based on a 45 site selected pursuant to paragraph (a-3) of this subdivision, and shall 46 be consistent with the guidelines for receipt of federal funding pursu- 47 ant to the relevant provisions of federal law. 48 (d) A management board for the first New York state veterans' cemetery 49 shall be appointed pursuant to subdivision three of this section. 50 (e) The commissioner shall promulgate rules and regulations governing: 51 (i) The guidelines and standards for the construction, establishment, 52 expansion, improvement, support, operation, maintenance and the 53 provision of perpetual care for a state veterans' cemetery. Such guide- 54 lines shall include, but not be limited to: 55 (1) The size and terrain of the cemetery;A. 8294 27 1 (2) The management and operation of the cemetery, including but not 2 limited to: 3 (A) Hours of operation; 4 (B) Employees, employee relations, and employee duties; 5 (C) The conduct and practice of events, ceremonies and programs; 6 (D) The filing and compliance of the cemetery with state and federal 7 regulators; and 8 (E) Such other and further operational and management practices and 9 procedures as the commissioner shall determine to be necessary for the 10 successful operation of a state veterans' cemetery. 11 (3) The layout of plots; 12 (4) The locations of building and infrastructure, including but not 13 limited to: 14 (A) Electrical lines and facilities; 15 (B) Waterlines, irrigation systems, and drainage facilities; 16 (C) Trees, flowers and other plantings; 17 (D) Non gravesite memorials, gravesite memorials, mausoleums, colum- 18 barium niches, headstones, grave markers, indoor interment facilities, 19 committal-service shelters, signage, flag poles, and other memorial 20 gathering spaces or infrastructure; 21 (E) Roadways, pedestrian pathways, parking sites, curbs and curb cuts; 22 (F) Ponds, lakes and other water sites; 23 (G) Retaining walls, gates, fences, security systems or other devices 24 for cemetery protection; and 25 (H) Any other buildings, structures or infrastructure necessary for 26 the safe, efficient and effective operation of the cemetery; 27 (5) The qualifications for interment, consistent with the provisions 28 of state and federal law and any requirements pursuant to the receipt of 29 federal, state, local or private funds; 30 (6) The location and placement of interments; 31 (7) Consistent with the provisions of state and federal law and any 32 requirements pursuant to the receipt of federal, state, local or private 33 funds, the financial management of the cemetery, including but not 34 limited to: 35 (A) The procedures for the protection and implementation of the ceme- 36 tery's annual budget; 37 (B) The seeking, collecting, deposit and expenditure of operating 38 funds pursuant to the cemetery's budget; 39 (C) The seeking, collecting, deposit and expenditure of capital funds 40 pursuant to the cemetery's capital plan; 41 (D) The seeking, collecting, deposit and expenditure of emergency 42 funds to address an unexpected event; 43 (E) The assessment, charging, collection and deposit of fees and 44 charges; 45 (F) The management of cemetery finances, both current and future, with 46 respect to investments; and 47 (G) Such other and further procedures and activities concerning the 48 financial management of the cemetery; 49 (8) The provision of perpetual care for the cemetery, including but 50 not limited to: 51 (A) The frequency, standards and methods for the beautification and 52 maintenance of grounds, memorials, gravesites, buildings, ceremonial 53 sites, or other locations within, or upon the curtilage of the cemetery; 54 (B) The frequency, standards and methods for the provision of flags, 55 patriotic and military symbols, and other honorary items, at each 56 gravesite and throughout the cemetery; andA. 8294 28 1 (C) Such other and further standards as are necessary to assure the 2 proper perpetual care of the cemetery in a manner befitting the highest 3 level of honor and respect deserving to those veterans and their fami- 4 lies interred in the cemetery; 5 (9) Guidelines and standards for the procurement of land for the ceme- 6 tery providing that the state veterans' cemetery, and all the property 7 upon which it resides shall be owned in fee simple absolute by the state 8 of New York; 9 (10) Guidelines and standards for the practices and procedures for the 10 construction and establishment of a state veterans' cemetery, including 11 contracting and purchasing for construction services, professional 12 services, legal services, architectural services, consulting services, 13 as well as the procurement of materials, all consistent with the rele- 14 vant provisions of federal, state and local law, the regulations promul- 15 gated thereunder, and the requirements contained in the grants awarded 16 or pursued from the federal government, or any source of private fund- 17 ing; 18 (11) Guidelines and standards for the practices and procedures for the 19 expansion and improvement of a state veterans' cemetery, including 20 contracting and purchasing for construction services, professional 21 services, legal services, architectural services, consulting services, 22 as well as the procurement of materials, all consistent with the rele- 23 vant provisions of federal, state and local law, the regulations promul- 24 gated thereunder, and the requirements contained in the grants awarded 25 or pursued from the federal government, or any source of private fund- 26 ing; 27 (12) Any other guidelines and standards that would facilitate the 28 successful construction, establishment, expansion, improvement, support, 29 operation, maintenance and the provision of perpetual care for the state 30 veterans' cemetery; 31 (ii) Guidelines and standards for any local government desiring to 32 have the first state veterans' cemetery located within its political 33 subdivision, including, but not limited to: 34 (1) The requirement that the local government will comply with all 35 state and federal statutes and regulations concerning the construction, 36 establishment, expansion, improvement, support, operation, maintenance 37 and the provision of perpetual care of the state veterans' cemetery, and 38 shall satisfy any and all applicable state and federal standards and 39 requirements for the perpetual care of the state veterans' cemetery; 40 (2) That the state veterans' cemetery, and all the property upon which 41 it resides shall be owned in fee simple absolute by the state of New 42 York; 43 (3) That all lands upon which such cemetery is constructed and estab- 44 lished shall be used solely for state veterans' cemetery purposes, and 45 for the purpose of providing the honor and remembrance of veterans and 46 their service through ceremonies and programs; 47 (4) Such other and further requirements as the commissioner may deem 48 prudent in the facilitation of the successful siting and operation of a 49 state veterans' cemetery in the jurisdiction of the local government; 50 and 51 (iii) Such other and further guidelines and standards as are necessary 52 for the successful construction, establishment, expansion, improvement, 53 support, operation, maintenance and the provision of perpetual care for 54 a state veterans' cemetery. 55 (f) Upon the approval of the application for funding from the govern- 56 ment of the United States, made pursuant to paragraph (c) of this subdi-A. 8294 29 1 vision, the commissioner, upon consultation with the management board, 2 shall commence the process of construction and establishment of the 3 first state veterans' cemetery. Such process shall be consistent with 4 the relevant provisions of local, state and federal law, and the rules 5 and regulations established pursuant to paragraph (e) of this subdivi- 6 sion. 7 3. Management boards of New York state veterans' cemeteries. (a) For 8 each New York state veterans' cemetery there shall be a management 9 board. Each such management board shall consist of nine members, includ- 10 ing the commissioner of the department who shall serve as chair, and 11 four members, appointed by the governor. Of such four members, not fewer 12 than two shall be a veteran of the United States army, the United States 13 navy, the United States air force, the United States marines, the New 14 York army national guard, the New York air national guard, the New York 15 naval militia, or a member who has served in a theater of combat oper- 16 ations of the United States coast guard or the United States merchant 17 marine. Two members shall be appointed by the temporary president of the 18 senate, and two members shall be appointed by the speaker of the state 19 assembly. At least one of the members appointed by the temporary presi- 20 dent of the senate and at least one of the members appointed by the 21 speaker of the assembly shall be a veteran of the United States army, 22 the United States navy, the United States air force, the United States 23 marines, the New York army national guard, the New York air national 24 guard, the New York naval militia, or a member who has served in a thea- 25 ter of combat operations of the United States coast guard or the United 26 States merchant marine. No member shall receive any compensation for his 27 or her service, but members who are not state officials may be reim- 28 bursed for their actual and necessary expenses, including travel 29 expenses incurred in performance of their duties. The management board 30 may consult with any federal, state or local entity for the purposes of 31 advancing its purposes, mission and duties. 32 (b) The management board shall advise, by majority vote, the commis- 33 sioner on issues concerning the construction, establishment, expansion, 34 improvement, support, operation, maintenance and the provision of 35 perpetual care for the veterans' cemetery, including but not limited to 36 issues of financial concern, employment relations, cemetery policy, 37 cemetery events and programs, and such other and further issues as the 38 board and commissioner shall deem important. 39 4. Additional state veterans' cemeteries. (a) Not later than ten years 40 after the construction and establishment of the first New York state 41 veterans' cemetery, and every ten years thereafter, the department, in 42 cooperation with the United States Department of Veterans Affairs, shall 43 conduct an investigation and study on the issue of the construction and 44 establishment of additional New York state veterans' cemeteries. Such 45 investigation and study shall consider, but not be limited to, the study 46 parameters established pursuant to paragraph (a) of subdivision two of 47 this section. A report of the investigation and study required to be 48 conducted pursuant to this subdivision shall be delivered to the gover- 49 nor, the temporary president of the senate, the speaker of the assembly 50 and the chair of the senate committee on veterans, homeland security and 51 military affairs, and the chair of the assembly committee on veterans' 52 affairs, by no later than ninety days after the department has commenced 53 the conduct of the investigation and study; 54 (b) The report of the investigation and study required to be conducted 55 pursuant to this subdivision shall provide a determination by the direc- 56 tor as to whether the state should construct and establish one or moreA. 8294 30 1 additional veterans' cemeteries, and shall state the reasoning and basis 2 for such determination; and 3 (c) The department may, at the discretion of the commissioner, at any 4 time after five years from the completion of construction of the most 5 recently constructed and established state veterans' cemetery, in coop- 6 eration with the United States Department of Veterans Affairs, conduct 7 an investigation and study on the issue of the construction and estab- 8 lishment of additional New York state veterans' cemeteries. A report of 9 the investigation and study required to be conducted shall be delivered 10 to the governor, the temporary president of the senate, the speaker of 11 the assembly and the chair of the senate committee on veterans, homeland 12 security and military affairs, and the chair of the assembly committee 13 on veterans' affairs, by no later than ninety days after the department 14 has commenced the conduct of the investigation and study. 15 (d) If the commissioner, pursuant to the investigation and study 16 conducted pursuant to this subdivision, determines that there shall be 17 an additional state veterans' cemetery in New York state, the commis- 18 sioner shall provide for the construction and establishment of such new 19 veterans' cemetery pursuant to the same guidelines and standards for the 20 construction and establishment of the first state veterans' cemetery 21 under this section. 22 5. Expansion and improvement of existing state veterans' cemeteries. 23 The commissioner, in consultation with the management board of a state 24 veterans' cemetery, may provide for the expansion and/or improvement of 25 the cemetery. Such expansion and improvement shall be conducted in 26 accordance with the rules and regulations of the department under para- 27 graph (e) of subdivision two of this section. 28 § 24. Veterans health screening. 1. As used in this section: a. 29 "Eligible member" means a member of the New York army national guard or 30 the New York air national guard who served in the Persian Gulf War, as 31 defined in 38 USC 101, or in an area designated as a combat zone by the 32 president of the United States during Operation Enduring Freedom or 33 Operation Iraqi Freedom; 34 b. "Veteran" means a person, male or female, resident of this state, 35 who has served in the active military, naval or air service of the 36 United States during a time of war in which the United States engaged 37 and who has been released from such service otherwise than by dishonor- 38 able discharge, or who has been furloughed to the reserve; 39 c. "Military physician" includes a physician who is under contract 40 with the United States department of defense to provide physician 41 services to members of the armed forces; and 42 d. "Depleted uranium" means uranium containing less uranium-235 than 43 the naturally occurring distribution of uranium isotopes. 44 2. On and after February first, two thousand seven, the adjutant 45 general and the state commissioner shall assist any eligible member or 46 veteran who has been experiencing health problems. Such problems may 47 include exposure to toxic materials or harmful physical agents such as 48 depleted uranium. An eligible member or veteran who has been assigned a 49 risk level I, II or III for depleted uranium exposure by his or her 50 branch of service, is referred by a military physician, or has reason to 51 believe that he or she was exposed to toxic materials or harmful phys- 52 ical agents such as depleted uranium during such service, in obtaining 53 federal treatment services. Such treatment shall include, but not be 54 limited to, a best practice health screening test for exposure to 55 depleted uranium using a bioassay procedure involving sensitive methods 56 capable of detecting depleted uranium at low levels and the use ofA. 8294 31 1 equipment with the capacity to discriminate between different radioiso- 2 topes in naturally occurring levels of uranium and the characteristic 3 ratio and marker for depleted uranium. As more scientific reliable tests 4 become available such test shall be included in the treatment protocol. 5 No state funds shall be used to pay for such tests or such other federal 6 treatment services. 7 3. On or before February first, two thousand seven, the adjutant 8 general shall submit a report to the chair of the senate veterans, home- 9 land security and military affairs committee and the chair of the assem- 10 bly veterans' affairs committee on the scope and adequacy of training 11 received by members of the New York army national guard and the New York 12 air national guard on detecting whether their service as eligible 13 members is likely to entail, or to have entailed, exposure to toxic 14 materials or harmful physical agents such as depleted uranium. The 15 report shall include an assessment of the feasibility and cost of adding 16 predeployment training concerning potential exposure to depleted uranium 17 and other toxic chemical substances and the precautions recommended 18 under combat and noncombat conditions while in a combat theater or 19 combat zone of operations. 20 § 25. Payment to parents of veterans. 1. Annuity established. (a) A 21 parent, identified in 10 USC 1126 as a gold star parent, of a veteran 22 who heretofore has died or a parent of a veteran dying hereafter, shall 23 upon application to the state commissioner, be paid an annual annuity 24 out of the treasury of the state for the sum of five hundred dollars for 25 such term as such parent shall be entitled thereto under the provisions 26 of this article. Commencing in the year two thousand nineteen, the 27 amount of any annuity payable under this section shall be the same 28 amount as the annuity payable in the preceding year plus a percentage 29 adjustment equal to the annual percentage increase, if any, for compen- 30 sation and pension benefits administered by the United States Department 31 of Veterans Affairs in the previous year. Such percentage increase shall 32 be rounded up to the next highest one-tenth of one percent and shall not 33 be less than one percent nor more than four percent. The commissioner of 34 veterans' services, not later than February first of each year, shall 35 publish by any reasonable means, including but not limited to posting on 36 the department's website, the amount of the annuity as adjusted payable 37 under this section. The term "parent" for the purposes of this section 38 includes mother, father, stepmother, stepfather, mother through adoption 39 and father through adoption. 40 (b) The entitlement of any parent to receive the annuity provided by 41 paragraph (a) of this subdivision shall terminate upon his or her death 42 or upon his or her ceasing to continue to be a resident of and domiciled 43 in the state of New York, but such entitlement may be reinstated upon 44 application to the state commissioner, if such parent shall thereafter 45 resume his or her residence and domicile in the state. 46 (c) The effective date of an award of the annuity to a parent shall be 47 the day after the date of death of the veteran if the application there- 48 for is received within one year from date of death. If the application 49 is received after the expiration of the first year following the date of 50 the death of the veteran, the effective date of an award of the annuity 51 to a parent shall be the date of receipt of the application by the state 52 commissioner. If the application is denied but is granted at a later 53 date upon an application for reconsideration based upon new evidence, 54 the effective date of the award of the annuity to a parent shall be the 55 date of the receipt of the application for reconsideration by the state 56 commissioner.A. 8294 32 1 (d) Any applicant convicted of making any false statement in the 2 application for the annuity shall be subject to penalties prescribed in 3 the penal law. 4 2. Qualifications. (a) Any gold star parent, who is the parent of a 5 deceased veteran, and who is a resident of and domiciled in the state of 6 New York, shall make application to the department. 7 (b) No entitlement shall be paid under this section to or for a gold 8 star parent who is in prison in a federal, state, or local penal insti- 9 tution as a result of conviction of a felony or misdemeanor for any part 10 of the period beginning sixty-one days after his or her imprisonment 11 begins and ending with his or her release. 12 (c) Where one or more gold star parents are disqualified for the annu- 13 ity for a period under paragraph (b) of this subdivision, the state 14 commissioner shall pay the shares of such disqualified parents to the 15 other parents, if they meet the qualifications on their own. 16 (d) The decision of the state commissioner on matters regarding the 17 payment of such annuity shall be final. 18 3. Method of payment. (a) Evidence of the military service of the 19 deceased veteran of the gold star parent for each case shall be 20 furnished in the manner and form prescribed by the state commissioner. 21 (b) Upon being satisfied that such service was honorable, that other 22 facts and statements in the application of such gold star parent are 23 true, the state commissioner shall certify to the state comptroller the 24 name and address of such gold star parent. 25 (c) Thereafter, the department of taxation and finance, on the audit 26 and warrant of the comptroller, shall pay such gold star parent such sum 27 as is authorized by the provisions of this section in semi-annual 28 installments for so long as such qualified gold star parent shall meet 29 the requirements of this section. 30 4. Report. The state commissioner shall submit a report to the gover- 31 nor, the chair of the senate finance committee, and the chair of the 32 assembly ways and means committee not later than January fifteenth of 33 each year this section is in effect. Such report shall include, but not 34 be limited to regulations promulgated pursuant to this section, and a 35 description and evaluation of the program. 36 § 26. Cremated remains of a veteran. The cremated remains of a veteran 37 may be disposed of pursuant to the provisions of section forty-two 38 hundred three of the public health law. 39 § 27. New York state silver rose veterans service certificate. The 40 commissioner, in consultation with the adjutant general, is hereby 41 authorized to present in the name of the legislature of the state of New 42 York, a certificate, to be known as the "New York State Silver Rose 43 Veterans Service Certificate", bearing a suitable inscription to any 44 person: 45 1. who is a citizen of the state of New York; or 46 2. who was a citizen of the state of New York while serving in the 47 armed forces of the United States, and who while serving in the armed 48 forces of the United States, or the organized militia on active duty was 49 exposed to dioxin or phenoxy herbicides, as evinced by a medical diagno- 50 sis of a disease associated with dioxin or phenoxy herbicides, and any 51 other proof determined by the adjutant general to be necessary; or 52 3. who was honorably discharged or released under honorable circum- 53 stances. 54 Not more than one New York state silver rose veterans certificates 55 shall be awarded or presented, under the provisions of this section, to 56 any person whose entire service subsequent to the time of the receipt ofA. 8294 33 1 such certificate shall not have been honorable. In the event of the 2 death of any person during or subsequent to the receipt of such certif- 3 icate it shall be presented to such representative of the deceased as 4 may be designated. The commissioner, in consultation with the adjutant 5 general, shall make such rules and regulations as may be deemed neces- 6 sary for the proper presentation and distribution of such certificates. 7 ARTICLE 2 8 VETERANS EMPLOYMENT ACT 9 Section 30. Short title. 10 31. Legislative findings. 11 32. Definitions. 12 33. Temporary hiring. 13 34. Department of civil services responsibilities. 14 35. Regulations. 15 § 30. Short title. This article shall be known and may be cited as the 16 "veterans employment act". 17 § 31. Legislative findings. The legislature hereby finds that it is 18 estimated that over the next five years, forty-four thousand veterans 19 are expected to return to this state from their military posts, making 20 the Empire State home to one of the largest veteran populations in the 21 country. Shockingly, the unemployment rate for Post-9/11 veterans in New 22 York was 10.7% in two thousand twelve, which is nearly one percent high- 23 er than the national average and higher than the state's overall 8.2% 24 unemployment rate. The legislature has found previously that it is in 25 the interest of the state to ensure that returning veterans have employ- 26 ment opportunities available upon their separation from military 27 service. 28 The state already encourages private businesses to hire military 29 veterans through tax credits and other economic incentives. In addition, 30 the legislature has previously found that state agencies spend millions 31 of dollars annually on temporary staff hired from temporary employment 32 service companies to cover temporary staffing needs. These temporary 33 state jobs could serve as a bridge for recently discharged military 34 veterans who have yet to find full-time permanent work. In addition, 35 these temporary assignments could serve to develop the next generation 36 of the state workforce and help with succession planning for the current 37 workforce. 38 The legislature declares it to be the policy of this state to use 39 veterans for temporary appointments in state agencies rather than 40 utilizing temporary employment service companies in order to provide 41 employment opportunities for returning military veterans. 42 § 32. Definitions. As used in this article: 43 1. "State agency" shall mean any department, board, bureau, division, 44 commission, council or committee within the executive branch, the state 45 university of New York, the city university of New York, and all public 46 authorities under the control of the executive branch. 47 2. "Temporary appointment" shall have the same meaning as provided in 48 section sixty-four of the civil service law. 49 3. "Veteran" shall mean an individual who served on active duty in the 50 United States army, navy, marine corps, air force, coast guard or the 51 reserves component, or who served in active military service of the 52 United States as a member of the army national guard, air national 53 guard, New York guard or New York naval militia, who was released from 54 such service otherwise then by dishonorable discharge after September 55 eleventh, two thousand one.A. 8294 34 1 4. "Veteran temporary hiring list" shall mean a hiring list maintained 2 by the department of civil service. 3 § 33. Temporary hiring. Notwithstanding any provision of law to the 4 contrary, a state agency shall select a veteran from the veteran tempo- 5 rary hiring list when making a temporary appointment provided such 6 veteran possesses the applicable skills needed for the temporary assign- 7 ment. 8 § 34. Department of civil services responsibilities. The department of 9 civil service shall: 10 1. establish and maintain a veteran temporary hiring list, for use by 11 state agencies in the implementation of this article; 12 2. assist state agencies by making available services of the depart- 13 ment of civil service to facilitate the provisions of this article; and 14 3. establish and maintain, together with the commissioner of the 15 department of veterans' services, a program to educate separating 16 service members as to the benefits available to veterans under this 17 article. 18 § 35. Regulations. The president of the state civil service commission 19 shall promulgate such rules and regulations as shall be necessary to 20 implement the provisions of this article. 21 ARTICLE 3 22 PARTICIPATION BY SERVICE-DISABLED VETERANS WITH RESPECT TO 23 STATE CONTRACTS 24 Section 40. Definitions. 25 41. Division of service-disabled veterans' business development. 26 42. Opportunities for certified service-disabled veteran-owned 27 business enterprises. 28 43. Severability. 29 § 40. Definitions. As used in this article, the following terms shall 30 have the following meanings: 31 1. "Certified service-disabled veteran-owned business enterprise" 32 shall mean a business enterprise, including a sole proprietorship, part- 33 nership, limited liability company or corporation that is: 34 (a) at least fifty-one percent owned by one or more service-disabled 35 veterans; 36 (b) an enterprise in which such service-disabled veteran ownership is 37 real, substantial, and continuing; 38 (c) an enterprise in which such service-disabled veteran ownership has 39 and exercises the authority to control independently the day-to-day 40 business decisions of the enterprise; 41 (d) an enterprise authorized to do business in this state and is inde- 42 pendently-owned and operated; 43 (e) an enterprise that is a small business which has a significant 44 business presence in the state, not dominant in its field and employs, 45 based on its industry, a certain number of persons as determined by the 46 director, but not to exceed three hundred, taking into consideration 47 factors which include, but are not limited to, federal small business 48 administration standards pursuant to 13 CFR part 121 and any amendments 49 thereto; and 50 (f) certified by the office of general services. 51 2. "Commissioner" shall mean the commissioner of the office of general 52 services. 53 3. "Director" shall mean the director of the division of service-disa- 54 bled veterans' business development.A. 8294 35 1 4. "Division" shall mean the division of service-disabled veterans' 2 business development in the office of general services. 3 5. "Service-disabled veteran" shall mean (a) in the case of the United 4 States army, navy, air force, marines, coast guard, army national guard 5 or air national guard and/or reserves thereof, a veteran who received a 6 compensation rating of ten percent or greater from the United States 7 Department of Veterans Affairs or from the United States department of 8 defense because of a service-connected disability incurred in the line 9 of duty, and (b) in the case of the New York guard or the New York naval 10 militia and/or reserves thereof, a veteran who certifies, pursuant to 11 the rules and regulations promulgated by the director, to having 12 incurred an injury equivalent to a compensation rating of ten percent or 13 greater from the United States Department of Veterans Affairs or from 14 the United States Department of Defense because of a service-connected 15 disability incurred in the line of duty. 16 6. "State agency" shall mean: (a)(i) any state department; or (ii) any 17 division, board, commission or bureau of any state department; or (iii) 18 the state university of New York and the city university of New York, 19 including all their constituent units except community colleges and the 20 independent institutions operating statutory or contract colleges on 21 behalf of the state; or (iv) a board, a majority of whose members are 22 appointed by the governor or who serve by virtue of being state officers 23 or employees as defined in subparagraph (i), (ii) or (iii) of paragraph 24 (i) of subdivision one of section seventy-three of the public officers 25 law. 26 (b) a "state authority" as defined in subdivision one of section two 27 of the public authorities law, and the following: 28 Albany County Airport Authority; 29 Albany Port District Commission; 30 Alfred, Almond, Hornellsville Sewer Authority; 31 Battery Park City Authority; 32 Cayuga County Water and Sewer Authority; 33 (Nelson A. Rockefeller) Empire State Plaza Performing Arts Center 34 Corporation; 35 Industrial Exhibit Authority; 36 Livingston County Water and Sewer Authority; 37 Long Island Power Authority; 38 Long Island Rail Road; 39 Long Island Market Authority; 40 Manhattan and Bronx Surface Transit Operating Authority; 41 Metro-North Commuter Railroad; 42 Metropolitan Suburban Bus Authority; 43 Metropolitan Transportation Authority; 44 Natural Heritage Trust; 45 New York City Transit Authority; 46 New York Convention Center Operating Corporation; 47 New York State Bridge Authority; 48 New York State Olympic Regional Development Authority; 49 New York State Thruway Authority; 50 Niagara Falls Public Water Authority; 51 Niagara Falls Water Board; 52 Port of Oswego Authority; 53 Power Authority of the State of New York; 54 Roosevelt Island Operating Corporation; 55 Schenectady Metroplex Development Authority; 56 State Insurance Fund;A. 8294 36 1 Staten Island Rapid Transit Operating Authority; 2 State University Construction Fund; 3 Syracuse Regional Airport Authority; 4 Triborough Bridge and Tunnel Authority; 5 Upper Mohawk valley regional water board; 6 Upper Mohawk valley regional water finance authority; 7 Upper Mohawk valley memorial auditorium authority; 8 Urban Development Corporation and its subsidiary corporations. 9 (c) the following only to the extent of state contracts entered into 10 for its own account or for the benefit of a state agency as defined in 11 paragraph (a) or (b) of this subdivision: 12 Dormitory Authority of the State of New York; 13 Facilities Development Corporation; 14 New York State Energy Research and Development Authority; 15 New York State Science and Technology Foundation. 16 (d) "state contract" shall mean: (i) a written agreement or purchase 17 order instrument, providing for a total expenditure in excess of twen- 18 ty-five thousand dollars, whereby a contracting agency is committed to 19 expend or does expend funds in return for labor, services including but 20 not limited to legal, financial and other professional services, 21 supplies, equipment, materials or any combination of the foregoing, to 22 be performed for, or rendered or furnished to the contracting agency; 23 (ii) a written agreement in excess of one hundred thousand dollars 24 whereby a contracting agency is committed to expend or does expend funds 25 for the acquisition, construction, demolition, replacement, major repair 26 or renovation of real property and improvements thereon; and (iii) a 27 written agreement in excess of one hundred thousand dollars whereby the 28 owner of a state assisted housing project is committed to expend or does 29 expend funds for the acquisition, construction, demolition, replacement, 30 major repair or renovation of real property and improvements thereon for 31 such project. 32 7. "Veteran" shall mean a person who served in the United States army, 33 navy, air force, marines, coast guard, and/or reserves thereof, and/or 34 in the army national guard, air national guard, New York guard and/or 35 the New York naval militia, and who (i) has received an honorable or 36 general discharge from such service, or (ii) has a qualifying condition, 37 as defined in section one of this chapter, and has received a discharge 38 other than bad conduct or dishonorable from such service, or (iii) is a 39 discharged LGBT veteran, as defined in section one of this chapter, and 40 has received a discharge other than bad conduct or dishonorable from 41 such service. 42 § 41. Division of service-disabled veterans' business development. 1. 43 The head of the division of service-disabled veterans' business develop- 44 ment shall be the director who shall be appointed by the governor and 45 who shall hold office at the pleasure of the commissioner. 46 2. The director may appoint such deputies, assistants, and other 47 employees as may be needed for the performance of the duties prescribed 48 herein subject to the provisions of the civil service law and the rules 49 and regulations of the civil service commission. The director may 50 request and shall receive from any (i) department, division, board, 51 bureau, or executive commission of the state or (ii) state agency, such 52 assistance as may be necessary to carry out the provisions of this arti- 53 cle. 54 3. The director shall have the following powers and duties: 55 (a) Develop, collect, summarize and disseminate information that will 56 be helpful to persons and organizations throughout the state in under-A. 8294 37 1 taking or promoting the establishment and successful operation of a 2 service-disabled veteran-owned business. 3 (b) Develop and make available to state agencies a directory of certi- 4 fied service-disabled veteran-owned business enterprises which shall, 5 wherever practicable, be divided into categories of labor, services, 6 supplies, equipment, materials and recognized construction trades and 7 which shall indicate areas or locations of the state where such enter- 8 prises are available to perform services. Such directory shall be posted 9 on the office of general services website. 10 (c) Assist state agencies in the development of programs to foster and 11 promote the use of service-disabled veteran-owned business enterprises 12 on state contracts. 13 (d) Coordinate the plans, programs and operations of the state govern- 14 ment which affect or may contribute to the establishment, preservation 15 and development of service-disabled veteran-owned business enterprises. 16 (e) To appoint independent hearing officers who by contract or terms 17 of employment shall preside over adjudicatory hearings pursuant to this 18 section for the office and who are assigned no other work by the office. 19 (f) In conjunction with the commissioner, develop a comprehensive 20 statewide plan and operational guidelines to promote service-disabled 21 veteran-owned business enterprises and to assist them in obtaining 22 opportunities to participate in the procurement of goods and services by 23 the state, including identification of barriers to service-disabled 24 veterans' business development and investigation and evaluation of their 25 impact on achieving the objectives of this article. 26 4. The commissioner shall: 27 (a) Coordinate training of all procurement personnel of state agen- 28 cies, emphasizing increased sensitivity and responsiveness to the unique 29 needs and requirements of service-disabled veteran-owned business enter- 30 prises. 31 (b) Conduct a coordinated review of all existing and proposed state 32 training and technical assistance activities in direct support of the 33 service-disabled veterans' business development program to assure 34 consistency with the objectives of this article. 35 (c) Evaluate and assess availability of firms for the purpose of 36 increasing participation of such firms in state contracting in consulta- 37 tion with relevant state entities including, but not limited to, the New 38 York state department of veterans' services. 39 (d) Provide advice and technical assistance to promote service-disa- 40 bled veteran-owned business enterprises' understanding of state procure- 41 ment laws, practices and procedures to facilitate and increase the 42 participation of service-disabled veteran-owned business enterprises in 43 state procurement. 44 (e) Establish regular performance reporting systems regarding imple- 45 mentation of the programs designed to increase service-disabled veter- 46 an-owned business participation in procurement contracts by state agen- 47 cies. 48 (f) Submit a report by the thirty-first of December each year, to the 49 governor, the temporary president of the senate, the speaker of the 50 assembly and the chairpersons of the senate finance and assembly ways 51 and means committees. Such report shall include information including, 52 but not limited to, the number of contracts entered into pursuant to 53 this article, the average amount of such contracts, the number of 54 service-disabled veteran-owned business enterprises certified, the 55 number of applications for certification as a service-disabled veteran- 56 owned business enterprise, the number of denials for such certification,A. 8294 38 1 the number of appeals of such denials, and the outcome of such appeals 2 and the average time that is required for such certification to be 3 completed. Also to be included shall be the level of service-disabled 4 veteran-owned businesses participating in each agency's contracts for 5 goods and services and on activities of the division and efforts by each 6 contracting agency to promote utilization of service-disabled veteran- 7 owned businesses and to promote and increase participation by certified 8 service-disabled veteran-owned businesses with respect to state 9 contracts and subcontracts to such businesses. Such report may recommend 10 new activities and programs to effectuate the purposes of this article. 11 5. Certification. (a) The director, or in the absence of the director, 12 the commissioner, within ninety days of the effective date of this arti- 13 cle, shall promulgate rules and regulations providing for the establish- 14 ment of a statewide certification program including rules and regu- 15 lations governing the approval, denial, or revocation of any such 16 certification. Such rules and regulations shall include, but not be 17 limited to, such matters as may be required to ensure that the estab- 18 lished procedures thereunder shall at least be in compliance with the 19 code of fair procedure set forth in section seventy-three of the civil 20 rights law. 21 (b) The division of service-disabled veterans' business development 22 shall be responsible for verifying businesses as being owned, operated, 23 and controlled by a service-disabled veteran and for certifying such 24 verified businesses. Status as a service-disabled veteran pursuant to 25 paragraph (a) of this subdivision shall be documented by a copy of the 26 veteran's certificate of release or discharge from active duty, includ- 27 ing but not limited to, a DD-214 form or an honorable service 28 certificate/report of casualty from the Department of Defense, a letter 29 of certification by the United States Department of Veterans Affairs or 30 the United States Department of Defense and any additional information 31 that may be required by the division of service-disabled veterans' busi- 32 ness development. In the case of the New York guard or the New York 33 naval militia and/or reserves thereof, status as a service-disabled 34 veteran pursuant to this paragraph shall be documented pursuant to rules 35 and regulations promulgated by the director, or in the absence of the 36 director, the commissioner. 37 (c) Following application for certification pursuant to this section, 38 the director shall provide the applicant with written notice of the 39 status of the application, including notice of any outstanding deficien- 40 cies, within thirty days. Within sixty days of submission of a final 41 completed application, the director shall provide the applicant with 42 written notice of a determination by the director approving or denying 43 such certification and, in the event of a denial, a statement setting 44 forth the reasons for such denial. Upon a determination denying or 45 revoking certification, the business enterprise for which certification 46 has been so denied or revoked shall, upon written request made within 47 thirty days from receipt of notice of such determination, be entitled to 48 a hearing before an independent hearing officer designated for such 49 purpose by the director. In the event that a request for a hearing is 50 not made within such thirty-day period, such determination shall be 51 deemed to be final. The independent hearing officer shall conduct a 52 hearing and upon the conclusion of such hearing, issue a written recom- 53 mendation to the director to affirm, reverse, or modify such determi- 54 nation of the director. Such written recommendation shall be issued to 55 the parties. The director, within thirty days, by order, must accept, 56 reject or modify such recommendation of the hearing officer and setA. 8294 39 1 forth in writing the reason therefor. The director shall serve a copy of 2 such order and reasons therefor upon the business enterprise by personal 3 service or by certified mail return receipt requested. The order of the 4 director shall be subject to review pursuant to article seventy-eight of 5 the civil practice law and rules. 6 (d) All certifications shall be valid for a period of five years. 7 § 42. Opportunities for certified service-disabled veteran-owned busi- 8 ness enterprises. 1. The director, or in the absence of the director, 9 the commissioner, within ninety days of the effective date of this arti- 10 cle shall promulgate rules and regulations for the following purposes: 11 (a) provide measures and procedures to ensure that certified service- 12 disabled veteran-owned business enterprises are afforded the opportunity 13 for meaningful participation in the performance of state contracts and 14 to assist in state agencies' identification of those state contracts for 15 which certified service-disabled veteran-owned business enterprises may 16 best perform; 17 (b) provide for measures and procedures that assist state agencies in 18 the identification of state contracts where service-disabled veteran 19 contract goals are practical, feasible and appropriate for the purpose 20 of increasing the utilization of service-disabled veteran-owned business 21 enterprise participation on state contracts; 22 (c) achieve a statewide goal for participation on state contracts by 23 service-disabled veteran-owned business enterprises of six percent; 24 (d) provide for procedures relating to submission and receipt of 25 applications by service-disabled veteran-owned business enterprises for 26 certification; 27 (e) provide for the monitoring and compliance of state contracts by 28 state agencies with respect to the provisions of this article; 29 (f) provide for the requirement that state agencies submit regular 30 reports, as determined by the director, with respect to their service- 31 disabled veteran-owned business enterprise program activity, including 32 but not limited to, utilization reporting and state contract monitoring 33 and compliance; 34 (g) notwithstanding any provision of the state finance law, the public 35 buildings law, the highway law, the transportation law or the public 36 authorities law to the contrary, provide for the reservation or set-a- 37 side of certain procurements by state agencies in order to achieve the 38 objectives of this article; provided, however, that such procurements 39 shall remain subject to (i) priority of preferred sources pursuant to 40 sections one hundred sixty-two and one hundred sixty-three of the state 41 finance law; (ii) the approval of the comptroller of the state of New 42 York pursuant to section one hundred twelve and section one hundred 43 sixty-three of the state finance law and section twenty-eight hundred 44 seventy-nine-a of the public authorities law; and (iii) the procurement 45 record requirements pursuant to paragraph g of subdivision nine of 46 section one hundred sixty-three of the state finance law; and 47 (h) provide for any other purposes to effectuate this article. 48 2. State agencies shall administer the rules and regulations promul- 49 gated by the director for the implementation of this article. 50 § 43. Severability. If any clause, sentence, paragraph, section or 51 part of this article shall be adjudged by any court of competent juris- 52 diction to be invalid, the judgment shall not affect, impair or invali- 53 date the remainder thereof, but shall be confined in its operation to 54 the clause, sentence, paragraph, section or part of this article direct- 55 ly involved in the controversy in which the judgment shall have been 56 rendered.A. 8294 40 1 § 3. Paragraph a of subdivision 3 of section 14-a of the domestic 2 relations law, as separately amended by section 27 of part AA of chapter 3 56 and chapter 177 of the laws of 2019, is amended to read as follows: 4 a. No fee shall be charged for any certificate when required by the 5 United States department of veterans affairs or by the [division] 6 department of veterans' services of the state of New York to be used in 7 determining the eligibility of any person to participate in the benefits 8 made available by the United States department of veterans affairs or by 9 the state of New York. 10 § 4. Subdivision 1 of section 19 of the domestic relations law, as 11 amended by section 28 of part AA of chapter 56 of the laws of 2019, is 12 amended to read as follows: 13 1. Each town and city clerk hereby empowered to issue marriage 14 licenses shall keep a book supplied by the state department of health in 15 which such clerk shall record and index such information as is required 16 therein, which book shall be kept and preserved as a part of the public 17 records of his or her office. Whenever an application is made for a 18 search of such records the city or town clerk, excepting the city clerk 19 of the city of New York, may make such search and furnish a certificate 20 of the result to the applicant upon the payment of a fee of five dollars 21 for a search of one year and a further fee of one dollar for the second 22 year for which such search is requested and fifty cents for each addi- 23 tional year thereafter, which fees shall be paid in advance of such 24 search. Whenever an application is made for a search of such records in 25 the city of New York, the city clerk of the city of New York may make 26 such search and furnish a certificate of the result to the applicant 27 upon the payment of a fee of five dollars for a search of one year and a 28 further fee of one dollar for the second year for which search is 29 requested and fifty cents each additional year thereafter. Notwithstand- 30 ing any other provision of this article, no fee shall be charged for any 31 search or certificate when required by the United States department of 32 veterans affairs or by the [division] department of veterans' services 33 of the state of New York to be used in determining the eligibility of 34 any person to participate in the benefits made available by the United 35 States department of veterans affairs or by the state of New York. All 36 such affidavits, statements and consents, immediately upon the taking or 37 receiving of the same by the town or city clerk, shall be recorded and 38 indexed as provided herein and shall be public records and open to 39 public inspection whenever the same may be necessary or required for 40 judicial or other proper purposes. At such times as the commissioner 41 shall direct, the said town or city clerk, excepting the city clerk of 42 the city of New York, shall file in the office of the state department 43 of health the original of each affidavit, statement, consent, order of a 44 justice or judge authorizing immediate solemnization of marriage, 45 license and certificate, filed with or made before such clerk during the 46 preceding month. Such clerk shall not be required to file any of said 47 documents with the state department of health until the license is 48 returned with the certificate showing that the marriage to which they 49 refer has been actually performed. 50 The county clerks of the counties comprising the city of New York 51 shall cause all original applications and original licenses with the 52 marriage solemnization statements thereon heretofore filed with each, 53 and all papers and records and binders relating to such original docu- 54 ments pertaining to marriage licenses issued by said city clerk, in 55 their custody and possession to be removed, transferred, and delivered 56 to the borough offices of the city clerk in each of said counties.A. 8294 41 1 § 5. Subdivision 1 of section 3308 of the education law, as amended by 2 section 29 of part AA of chapter 56 of the laws of 2019, is amended to 3 read as follows: 4 1. Each member state shall, through the creation of a state council or 5 use of an existing body or board, provide for the coordination among its 6 agencies of government, local educational agencies and military instal- 7 lations concerning the state's participation in, and compliance with, 8 this compact and interstate commission activities. In New York, the 9 state council shall include the commissioner or his or her designee, the 10 [director] commissioner of the New York state [division] department of 11 veterans' services or his or her designee, the adjutant general of the 12 state of New York or his or her designee, a superintendent of a school 13 district with a high concentration of military children appointed by the 14 commissioner, a district superintendent of schools of a board of cooper- 15 ative educational services serving an area with a high concentration of 16 military children appointed by the commissioner, a representative from a 17 military installation appointed by the governor, a representative of 18 military families appointed by the governor, a public member appointed 19 by the governor and one representative each appointed by the speaker of 20 the assembly, the temporary president of the senate and the governor. 21 § 6. Subdivision 1 of section 6505-c of the education law, as amended 22 by section 30 of part AA of chapter 56 of the laws of 2019, is amended 23 to read as follows: 24 1. The commissioner shall develop, jointly with the [director] commis- 25 sioner of the [division] department of veterans' services, a program to 26 facilitate articulation between participation in the military service of 27 the United States or the military service of the state and admission to 28 practice of a profession. The commissioner and the [director] commis- 29 sioner of veterans' services shall identify, review and evaluate profes- 30 sional training programs offered through either the military service of 31 the United States or the military service of the state which may, where 32 applicable, be accepted by the department as equivalent education and 33 training in lieu of all or part of an approved program. Particular 34 emphasis shall be placed on the identification of military programs 35 which have previously been deemed acceptable by the department as equiv- 36 alent education and training, programs which may provide, where applica- 37 ble, equivalent education and training for those professions which are 38 critical to public health and safety and programs which may provide, 39 where applicable, equivalent education and training for those 40 professions for which shortages exist in the state of New York. 41 § 7. The opening paragraph of section 5-211 of the election law, as 42 separately amended by chapters 587 and 672 of the laws of 2019, is 43 amended to read as follows: 44 Each agency designated as a participating agency under the provisions 45 of this section shall implement and administer a program of distribution 46 of voter registration forms pursuant to the provisions of this section. 47 The following offices which provide public assistance and/or provide 48 state funded programs primarily engaged in providing services to persons 49 with disabilities are hereby designated as voter registration agencies: 50 designated as the state agencies which provide public assistance are the 51 office of children and family services, the office of temporary and 52 disability assistance and the department of health. Also designated as 53 public assistance agencies are all agencies of local government that 54 provide such assistance. Designated as state agencies that provide 55 programs primarily engaged in providing services to people with disabil- 56 ities are the department of labor, office for the aging, [division]A. 8294 42 1 department of veterans' services, office of mental health, office of 2 vocational and educational services for individuals with disabilities, 3 commission on quality of care for the mentally disabled, office for 4 people with developmental disabilities, commission for the blind, office 5 of [alcoholism and substance abuse services] addiction services and 6 supports, the office of the advocate for the disabled and all offices 7 which administer programs established or funded by such agencies. Addi- 8 tional participating agencies designated as voter registration offices 9 are the department of state and the district offices of the workers' 10 compensation board. Such agencies shall be required to offer voter 11 registration forms to persons upon initial application for services, 12 renewal or recertification for services and upon change of address 13 relating to such services. Such agencies shall also be responsible for 14 providing assistance to applicants in completing voter registration 15 forms, receiving and transmitting the completed application form from 16 all applicants who wish to have such form transmitted to the appropriate 17 board of elections. The state board of elections shall, together with 18 representatives of the United States department of defense, develop and 19 implement procedures for including recruitment offices of the armed 20 forces of the United States as voter registration offices when such 21 offices are so designated by federal law. The state board of elections 22 shall also make request of the United States Citizenship and Immigration 23 Services to include applications for registration by mail with any mate- 24 rials which are given to new citizens. 25 § 8. Subdivision 3 of section 11-0707 of the environmental conserva- 26 tion law, as amended by chapter 322 of the laws of 2021, is amended to 27 read as follows: 28 3. Any person who is a patient at any facility in this state main- 29 tained by the United States Veterans Health Administration or at any 30 hospital or sanitorium for treatment of tuberculosis maintained by the 31 state or any municipal corporation thereof or resident patient at any 32 institution of the department of Mental Hygiene, or resident patient at 33 the rehabilitation hospital of the department of Health, or at any rest 34 camp maintained by the state through the [Division] Department of Veter- 35 ans' Services [in the Executive Department] or any incarcerated individ- 36 ual of a conservation work camp within the youth rehabilitation facility 37 of the department of corrections and community supervision, or any 38 incarcerated individual of a youth opportunity or youth rehabilitation 39 center within the Office of Children and Family Services, any resident 40 of a nursing home or residential health care facility as defined in 41 subdivisions two and three of section twenty-eight hundred one of the 42 public health law, or any staff member or volunteer accompanying or 43 assisting one or more residents of such nursing home or residential 44 health care facility on an outing authorized by the administrator of 45 such nursing home or residential health care facility may take fish as 46 if he or she held a fishing license, except that he or she may not take 47 bait fish by net or trap, if he or she has on his or her person an 48 authorization upon a form furnished by the department containing such 49 identifying information and data as may be required by it, and signed by 50 the superintendent or other head of such facility, institution, hospi- 51 tal, sanitarium, nursing home, residential health care facility or rest 52 camp, as the case may be, or by a staff physician thereat duly author- 53 ized so to do by the superintendent or other head thereof. Such authori- 54 zation with respect to incarcerated individuals of said conservation 55 work camps shall be limited to areas under the care, custody and control 56 of the department.A. 8294 43 1 § 9. Subdivisions 8, 9 and 10 of section 31 of the executive law, 2 subdivision 8 as amended by section 2 of part AA of chapter 56 of the 3 laws of 2019, subdivision 9 as amended by section 106 of subpart B of 4 part C of chapter 62 of the laws of 2011 and subdivision 10 as amended 5 by section 8 of part O of chapter 55 of the laws of 2012, are amended to 6 read as follows: 7 8. [The division of veterans' services.89.] The division of homeland security and emergency services. 9 [10.] 9. Office of information technology services. 10 § 10. Subdivision 1 of section 191 of the executive law, as amended by 11 section 3 of part AA of chapter 56 of the laws of 2019, is amended to 12 read as follows: 13 1. There is hereby established within the division of military and 14 naval affairs a temporary advisory committee on the restoration and 15 display of New York state's military battle flags (hereinafter referred 16 to as the "committee"). The committee shall have thirteen members as 17 follows: the adjutant general, the director of the New York state mili- 18 tary heritage museum, the commissioners of education and parks, recre- 19 ation and historic preservation and the [director] commissioner of the 20 [division] department of veterans' services, or their designated repre- 21 sentatives, two members appointed each by the governor, speaker of the 22 assembly and majority leader of the senate and one member each appointed 23 by the minority leaders of the senate and assembly and shall serve at 24 the pleasure of the appointing authority. Appointed members shall 25 include individuals with experience in restoration of historical memora- 26 bilia, expertise in military history, or a background in historical 27 restoration or fine arts conservation. No appointed member shall be a 28 member of the executive, legislative or judicial branch of the state 29 government at the time of his/her appointment. The advisory committee 30 shall meet at least four times a year. No members shall receive any 31 compensation, but members who are not state officials may receive actual 32 and necessary expenses incurred in the performance of their duties. 33 § 11. Subdivision 1 of section 643 of the executive law, as amended by 34 section 14 of part AA of chapter 56 of the laws of 2019, is amended to 35 read as follows: 36 1. As used in this section, "crime victim-related agency" means any 37 agency of state government which provides services to or deals directly 38 with crime victims, including (a) the office of children and family 39 services, the office for the aging, the [division] department of veter- 40 ans' services, the office of probation and correctional alternatives, 41 the department of corrections and community supervision, the office of 42 victim services, the department of motor vehicles, the office of voca- 43 tional rehabilitation, the workers' compensation board, the department 44 of health, the division of criminal justice services, the office of 45 mental health, every transportation authority and the division of state 46 police, and (b) any other agency so designated by the governor within 47 ninety days of the effective date of this section. 48 § 12. Section 99-v of the general municipal law, as amended by section 49 25 of part AA of chapter 56 of the laws of 2019, is amended to read as 50 follows: 51 § 99-v. Veterans services; display of events. Each county, city, town 52 or village may adopt a local law to provide a bulletin board to be 53 conspicuously displayed in such county, city, town or village building 54 holding its local legislative body or municipal offices. Such bulletin 55 board shall be used by veterans organizations, the New York state [divi-56sion] department of veterans' services, the county veterans serviceA. 8294 44 1 agency or city veterans service agency to display information regarding 2 veterans in such county, city, town or village. Such information may 3 include, but not be limited to, benefits or upcoming veterans related 4 events in the community. 5 § 13. Subdivision 1 of section 168 of the labor law, as amended by 6 chapter 322 of the laws of 2021, is amended to read as follows: 7 1. This section shall apply to all persons employed by the state in 8 the ward, cottage, colony, kitchen and dining room, and guard service 9 personnel in any hospital, school, prison, reformatory or other institu- 10 tion within or subject to the jurisdiction, supervision, control or 11 visitation of the department of corrections and community supervision, 12 the department of health, the department of mental hygiene, the depart- 13 ment of social welfare or the [division] department of veterans' 14 services [in the executive department], and engaged in the performance 15 of such duties as nursing, guarding or attending the incarcerated indi- 16 viduals, patients, wards or other persons kept or housed in such insti- 17 tutions, or in protecting and guarding the buildings and/or grounds 18 thereof, or in preparing or serving food therein. 19 § 14. Paragraph 5 of subdivision (b) of section 5.06 of the mental 20 hygiene law, as amended by section 31 of part AA of chapter 56 of the 21 laws of 2019, is amended to read as follows: 22 (5) one member appointed on the recommendation of the state [director] 23 commissioner of the [division] department of veterans' services and one 24 member appointed on the recommendation of the adjutant general of the 25 division of military and naval affairs, at least one of whom shall be a 26 current or former consumer of mental health services or substance use 27 disorder services who is a veteran who has served in a combat theater or 28 combat zone of operations and is a member of a veterans organization; 29 § 15. Subdivision (l) of section 7.09 of the mental hygiene law, as 30 added by chapter 378 of the laws of 2019, is amended to read as follows: 31 (l) Notwithstanding any general or special law to the contrary, the 32 commissioner, in conjunction with the commissioner of [alcoholism and33substance abuse services] addiction services and supports and the direc- 34 tor of the [division] department of veterans' services shall develop a 35 public education initiative designed to eliminate stigma and misinforma- 36 tion about mental illness and substance use among service members, 37 veterans, and their families, improve their understanding of mental and 38 substance use disorders and the existence of effective treatment, and 39 provide information regarding available resources and how to access 40 them. These public education initiatives may include the use of the 41 internet, including the use of social networking sites. 42 § 16. Subdivision (g) of section 202 of the not-for-profit corporation 43 law, as amended by section 33 of part AA of chapter 56 of the laws of 44 2019, is amended to read as follows: 45 (g) Every corporation receiving any kind of state funding shall ensure 46 the provision on any form required to be completed at application or 47 recertification for the purpose of obtaining financial assistance pursu- 48 ant to this chapter, that the application form shall contain a check-off 49 question asking whether the applicant or recipient or a member of his or 50 her family served in the United States military, and an option to answer 51 in the affirmative. Where the applicant or recipient answers in the 52 affirmative to such question, the not-for-profit corporation shall 53 ensure that contact information for the state [division] department of 54 veterans' services is provided to such applicant or recipient in addi- 55 tion to any other materials provided.A. 8294 45 1 § 17. Subdivision (b) of section 1401 of the not-for-profit corpo- 2 ration law, as amended by section 34 of part AA of chapter 56 of the 3 laws of 2019, is amended to read as follows: 4 (b) Removal of remains from private cemeteries to other cemeteries. 5 The supervisor of any town containing a private cemetery may remove any 6 body interred in such cemetery to any other cemetery within the town, if 7 the owners of such cemeteries and the next of kin of the deceased 8 consent to such removal. The owners of a private cemetery may remove the 9 bodies interred therein to any other cemetery within such town, or to 10 any cemetery designated by the next of kin of the deceased. Notice of 11 such removal shall be given within twenty days before such removal 12 personally or by certified mail to the next of kin of the deceased if 13 known and to the clerk and historian of the county in which such real 14 property is situated and notice shall be given to the New York state 15 department of state, division of cemeteries. If any of the deceased are 16 known to be veterans, the owners shall also notify the [division] 17 department of veterans' services. In the absence of the next of kin, the 18 county clerk, county historian or the [division] department of veterans' 19 services may act as a guardian to ensure proper reburial. 20 § 18. Subdivision 2 of section 3802 of the public health law, as 21 amended by section 23 of part AA of chapter 56 of the laws of 2019, is 22 amended to read as follows: 23 2. In the exercise of the foregoing powers and duties the commissioner 24 shall consult with the [director] commissioner of the [division] depart- 25 ment of veterans' services and the heads of state agencies charged with 26 responsibility for manpower and health resources. 27 § 19. Subdivision 3 of section 3803 of the public health law, as 28 amended by section 24 of part AA of chapter 56 of the laws of 2019, is 29 amended to read as follows: 30 3. In exercising any of his or her powers under this section, the 31 commissioner shall consult with appropriate health care professionals, 32 providers, veterans or organizations representing them, the [division] 33 department of veterans' services, the United States department of veter- 34 ans affairs and the United States defense department. 35 § 20. Paragraph (j) of subdivision 3 of section 20 of the social 36 services law, as amended by section 32 of part AA of chapter 56 of the 37 laws of 2019, is amended to read as follows: 38 (j) to ensure the provision, on any form required to be completed at 39 application or recertification for the purpose of obtaining financial 40 assistance pursuant to this chapter, the form shall contain a check-off 41 question asking whether the applicant or recipient or a member of his or 42 her family served in the United States military, and an option to answer 43 in the affirmative. Where the applicant or recipient answers in the 44 affirmative to such question, the office of temporary and disability 45 assistance shall ensure that contact information for the state [divi-46sion] department of veterans' services is provided to such applicant or 47 recipient addition to any other materials provided. 48 § 21. Subdivisions 3 and 4 of section 95-f of the state finance law, 49 as amended by section 15 of part AA of chapter 56 of the laws of 2019, 50 are amended to read as follows: 51 3. Monies of the fund shall be expended for the provision of veterans' 52 counseling services provided by local veterans' service agencies pursu- 53 ant to section [three hundred fifty-seven] fourteen of the [executive] 54 veterans' services law under the direction of the [division] department 55 of veterans' services.A. 8294 46 1 4. To the extent practicable, the [director] commissioner of the 2 [division] department of veterans' services shall ensure that all monies 3 received during a fiscal year are expended prior to the end of that 4 fiscal year. 5 § 22. The opening paragraph of subdivision 2-a and subdivision 5 of 6 section 97-mmmm of the state finance law, as amended by section 16 of 7 part AA of chapter 56 of the laws of 2019, are amended to read as 8 follows: 9 On or before the first day of February each year, the [director] 10 commissioner of the New York state [division] department of veterans' 11 services shall provide a written report to the temporary president of 12 the senate, speaker of the assembly, chair of the senate finance commit- 13 tee, chair of the assembly ways and means committee, chair of the senate 14 committee on veterans, homeland security and military affairs, chair of 15 the assembly veterans' affairs committee, the state comptroller and the 16 public. Such report shall include how the monies of the fund were 17 utilized during the preceding calendar year, and shall include: 18 5. Moneys shall be payable from the fund on the audit and warrant of 19 the comptroller on vouchers approved and certified by the [director] 20 commissioner of the [division] department of veterans' services. 21 § 23. The opening paragraph of subdivision 2-a and subdivision 4 of 22 section 99-v of the state finance law, as amended by section 17 of part 23 AA of chapter 56 of the laws of 2019, are amended to read as follows: 24 On or before the first day of February each year, the [director] 25 commissioner of the New York state [division] department of veterans' 26 services shall provide a written report to the temporary president of 27 the senate, speaker of the assembly, chair of the senate finance commit- 28 tee, chair of the assembly ways and means committee, chair of the senate 29 committee on veterans, homeland security and military affairs, chair of 30 the assembly veterans' affairs committee, the state comptroller and the 31 public. Such report shall include how the monies of the fund were 32 utilized during the preceding calendar year, and shall include: 33 4. Moneys of the fund shall be expended only for the assistance and 34 care of homeless veterans, for housing and housing-related expenses, as 35 determined by the [division] department of veterans' services. 36 § 24. Subdivision 1 of section 20 of chapter 784 of the laws of 1951, 37 constituting the New York state defense emergency act, as amended by 38 section 38 of part AA of chapter 56 of the laws of 2019, is amended to 39 read as follows: 40 1. There is hereby continued in the division of military and naval 41 affairs in the executive department a state civil defense commission to 42 consist of the same members as the members of the disaster preparedness 43 commission as established in article two-B of the executive law. In 44 addition, the superintendent of financial services, the chairperson of 45 the workers' compensation board and the [director] commissioner of the 46 [division] department of veterans' services shall be members. The gover- 47 nor shall designate one of the members of the commission to be the 48 chairperson thereof. The commission may provide for its division into 49 subcommittees and for action by such subcommittees with the same force 50 and effect as action by the full commission. The members of the commis- 51 sion, except for those who serve ex officio, shall be allowed their 52 actual and necessary expenses incurred in the performance of their 53 duties under this article but shall receive no additional compensation 54 for services rendered pursuant to this article.A. 8294 47 1 § 25. Paragraph 2 of subdivision b of section 31-102 of the adminis- 2 trative code of the city of New York, as amended by section 39 of part 3 AA of chapter 56 of the laws of 2019, is amended to read as follows: 4 2. links to websites describing veteran employment services provided 5 by the federal government and New York state government, including, but 6 not limited to, the websites of the United States department of labor, 7 the New York state department of labor, the United States department of 8 veterans affairs, and the New York state [division] department of veter- 9 ans' services; and 10 § 26. Subdivision a of section 3102 of the New York city charter, as 11 amended by section 40 of part AA of chapter 56 of the laws of 2019, is 12 amended to read as follows: 13 a. Except as otherwise provided by law, the commissioner shall have 14 such powers as provided by the [director] commissioner of the state 15 department veterans' [service agency] services' and shall have the duty 16 to inform military and naval authorities of the United States and assist 17 members of the armed forces and veterans, who are residents of the city, 18 and their families, in relation to: (1) matters pertaining to educa- 19 tional training and retraining services and facilities, (2) health, 20 medical and rehabilitation service and facilities, (3) provisions of 21 federal, state and local laws and regulations affording special rights 22 and privileges to members of the armed forces and veterans and their 23 families, (4) employment and re-employment services, and (5) other 24 matters of similar, related or appropriate nature. The commissioner 25 shall also assist families of members of the reserve components of the 26 armed forces and the organized militia ordered into active duty to 27 ensure that they are made aware of and are receiving all appropriate 28 support available to them. The department also shall perform such other 29 duties as may be assigned by the state [director] commissioner of the 30 [division] department of veterans' services. 31 § 27. Subdivision 1 of section 143 of the state finance law, as 32 amended by chapter 96 of the laws of 2019, is amended to read as 33 follows: 34 1. Notwithstanding any inconsistent provision of any general or 35 special law, the board, division, department, bureau, agency, officer or 36 commission of the state charged with the duty of preparing plans and 37 specifications for and awarding or entering into contracts for the 38 performance of public work may require the payment of a fixed sum of 39 money, not exceeding one hundred dollars, for each copy of such plans 40 and specifications, by persons or corporations desiring a copy thereof. 41 Any person or corporation desiring a copy of such plans and specifica- 42 tions and making the deposit required by this section shall be furnished 43 with one copy of the plans and specifications. Notwithstanding the fore- 44 going, where payment is required it shall be waived upon request by 45 minority- and women-owned business enterprises certified pursuant to 46 article fifteen-A of the executive law or by service-disabled veteran- 47 owned business enterprises certified pursuant to article [seventeen-B] 48 three of the [executive] veterans' services law. Such payment may also 49 be waived when such plans and specifications are made available and 50 obtained electronically or in any non-paper form from the board, divi- 51 sion, department, bureau, agency, officer or commission of the state. 52 § 28. Paragraph j of subdivision 1 and subdivisions 6 and 6-d of 53 section 163 of the state finance law, paragraph j of subdivision 1 as 54 amended by chapter 569 of the laws of 2015, subdivision 6 as amended by 55 chapter 257 of the laws of 2021 and subdivision 6-d as added by chapter 56 96 of the laws of 2019, are amended to read as follows:A. 8294 48 1 j. "Best value" means the basis for awarding contracts for services to 2 the offerer which optimizes quality, cost and efficiency, among respon- 3 sive and responsible offerers. Such basis shall reflect, wherever possi- 4 ble, objective and quantifiable analysis. Such basis may also identify a 5 quantitative factor for offerers that are small businesses, certified 6 minority- or women-owned business enterprises as defined in subdivisions 7 one, seven, fifteen and twenty of section three hundred ten of the exec- 8 utive law or service-disabled veteran-owned business enterprises as 9 defined in subdivision one of section [three hundred sixty-nine-h] forty 10 of the [executive] veterans' services law to be used in evaluation of 11 offers for awarding of contracts for services. 12 6. Discretionary buying thresholds. Pursuant to guidelines established 13 by the state procurement council: the commissioner may purchase services 14 and commodities for the office of general services or its customer agen- 15 cies serviced by the office of general services business services center 16 in an amount not exceeding eighty-five thousand dollars without a formal 17 competitive process; state agencies may purchase services and commod- 18 ities in an amount not exceeding fifty thousand dollars without a formal 19 competitive process; and state agencies may purchase commodities or 20 services from small business concerns or those certified pursuant to 21 [articles] article fifteen-A [and seventeen-B] of the executive law and 22 article three of the veterans' services law, or commodities or technolo- 23 gy that are recycled or remanufactured in an amount not exceeding five 24 hundred thousand dollars without a formal competitive process and for 25 commodities that are food, including milk and milk products, grown, 26 produced or harvested in New York state in an amount not to exceed two 27 hundred thousand dollars, without a formal competitive process. 28 6-d. Pursuant to the authority provided in subdivision six of this 29 section, state agencies shall report annually on a fiscal year basis by 30 July first of the ensuing year to the director of the division of minor- 31 ity and women-owned business development the total number and total 32 value of contracts awarded to businesses certified pursuant to article 33 fifteen-A of the executive law, and with respect to contracts awarded to 34 businesses certified pursuant to article [seventeen-B] three of the 35 [executive] veterans' services law such information shall be reported to 36 the division of service-disabled veteran-owned business enterprises for 37 inclusion in their respective annual reports. 38 § 29. Paragraph (f) of subdivision 5 of section 87 of the cannabis law 39 is amended to read as follows: 40 (f) "Service-disabled veterans" shall mean persons qualified under 41 article [seventeen-B] three of the [executive] veterans' services law. 42 § 30. Subdivision 6 of section 224-d of the labor law, as added by 43 section 2 of part AA of chapter 56 of the laws of 2021, is amended to 44 read as follows: 45 6. Each owner and developer subject to the requirements of this 46 section shall comply with the objectives and goals of certified minority 47 and women-owned business enterprises pursuant to article fifteen-A of 48 the executive law and certified service-disabled veteran-owned busi- 49 nesses pursuant to article [seventeen-B] three of the [executive] veter- 50 ans' services law. The department in consultation with the [directors] 51 commissioner of the division of minority and women's business develop- 52 ment and the director of the division of service-disabled veterans' 53 business development shall make training and resources available to 54 assist minority and women-owned business enterprises and service-disa- 55 bled veteran-owned business enterprises on covered renewable energy 56 systems to achieve and maintain compliance with prevailing wage require-A. 8294 49 1 ments. The department shall make such training and resources available 2 online and shall afford minority and women-owned business enterprises 3 and service-disabled veteran-owned business enterprises an opportunity 4 to submit comments on such training. 5 § 31. Subdivision 3 of section 103-a of the state technology law, as 6 added by chapter 427 of the laws of 2017, is amended to read as follows: 7 3. The director shall conduct an outreach campaign informing the 8 public of the iCenter and shall conduct specific outreach to minority 9 and women-owned business enterprises certified pursuant to article 10 fifteen-A of the executive law, small businesses as such term is defined 11 in section one hundred thirty-one of the economic development law, and 12 service disabled veteran owned business enterprises certified pursuant 13 to article [seventeen-B] three of the [executive] veterans' services law 14 to inform such businesses of iCenter initiatives. 15 § 32. Section 831 of the county law, as amended by chapter 490 of the 16 laws of 2019, is amended to read as follows: 17 § 831. Soldier burial plots in Dutchess county. The legislature of the 18 county of Dutchess may authorize the purchase of burial plots and 19 provide for marker settings and perpetual care and maintenance of such 20 plots in one or more of the cemeteries of the county of Dutchess for 21 deceased veterans, who, at the time of death, were residents of the 22 county of Dutchess and who (i) were discharged from the armed forces of 23 the United States either honorably or under honorable circumstances, or 24 (ii) had a qualifying condition, as defined in section [three hundred25fifty] one of the [executive] veterans' services law, and received a 26 discharge other than bad conduct or dishonorable, or (iii) were a 27 discharged LGBT veteran, as defined in section [three hundred fifty] one 28 of the [executive] veterans' services law, and received a discharge 29 other than bad conduct or dishonorable. The expense thereof shall be a 30 county charge. 31 § 33. Subdivision 6 of section 210 of the economic development law, as 32 amended by chapter 490 of the laws of 2019, is amended to read as 33 follows: 34 6. "Veteran" shall mean a person who served in the United States army, 35 navy, air force, marines, coast guard, and/or reserves thereof, and/or 36 in the army national guard, air national guard, New York guard and/or 37 New York naval militia and who (a) has received an honorable or general 38 discharge from such service, or (b) has a qualifying condition, as 39 defined in section [three hundred fifty] one of the [executive] veter- 40 ans' services law, and has received a discharge other than bad conduct 41 or dishonorable from such service, or (c) is a discharged LGBT veteran, 42 as defined in section [three hundred fifty] one of the [executive] 43 veterans' services law, and has received a discharge other than bad 44 conduct or dishonorable from such service. 45 § 34. Paragraph 1 of subdivision (a) of section 42 of the correction 46 law, as amended by chapter 322 of the laws of 2021, is amended to read 47 as follows: 48 1. There shall be within the commission a citizen's policy and 49 complaint review council. It shall consist of nine persons to be 50 appointed by the governor, by and with the advice and consent of the 51 senate. One person so appointed shall have served in the armed forces of 52 the United States in any foreign war, conflict or military occupation, 53 who (i) was discharged therefrom under other than dishonorable condi- 54 tions, or (ii) has a qualifying condition, as defined in section [three55hundred fifty] one of the [executive] veterans' services law, and has 56 received a discharge other than bad conduct or dishonorable from suchA. 8294 50 1 service, or (iii) is a discharged LGBT veteran, as defined in section 2 [three hundred fifty] one of the [executive] veterans' services law, and 3 has received a discharge other than bad conduct or dishonorable from 4 such service, or shall be a duly licensed mental health professional who 5 has professional experience or training with regard to post-traumatic 6 stress syndrome. One person so appointed shall be an attorney admitted 7 to practice in this state. One person so appointed shall be a former 8 incarcerated individual of a correctional facility. One person so 9 appointed shall be a former correction officer. One person so appointed 10 shall be a former resident of a division for youth secure center or a 11 health care professional duly licensed to practice in this state. One 12 person so appointed shall be a former employee of the office of children 13 and family services who has directly supervised youth in a secure resi- 14 dential center operated by such office. In addition, the governor shall 15 designate one of the full-time members other than the [chairman] chair 16 of the commission as [chairman] chair of the council to serve as such at 17 the pleasure of the governor. 18 § 35. Paragraph (b) of subdivision 5 of section 50 of the civil 19 service law, as amended by chapter 490 of the laws of 2019, is amended 20 to read as follows: 21 (b) Notwithstanding the provisions of paragraph (a) of this subdivi- 22 sion, the state civil service department, subject to the approval of the 23 director of the budget, a municipal commission, subject to the approval 24 of the governing board or body of the city or county, as the case may 25 be, or a regional commission or personnel officer, pursuant to govern- 26 mental agreement, may elect to waive application fees, or to abolish 27 fees for specific classes of positions or types of examinations or 28 candidates, or to establish a uniform schedule of reasonable fees 29 different from those prescribed in paragraph (a) of this subdivision, 30 specifying in such schedule the classes of positions or types of exam- 31 inations or candidates to which such fees shall apply; provided, howev- 32 er, that fees shall be waived for candidates who certify to the state 33 civil service department, a municipal commission or a regional commis- 34 sion that they are unemployed and primarily responsible for the support 35 of a household, or are receiving public assistance. Provided further, 36 the state civil service department shall waive the state application fee 37 for examinations for original appointment for all veterans. Notwith- 38 standing any other provision of law, for purposes of this section, the 39 term "veteran" shall mean a person who has served in the armed forces of 40 the United States or the reserves thereof, or in the army national 41 guard, air national guard, New York guard, or the New York naval mili- 42 tia, and who (1) has been honorably discharged or released from such 43 service under honorable conditions, or (2) has a qualifying condition, 44 as defined in section [three hundred fifty] one of the [executive] 45 veterans' services law, and has received a discharge other than bad 46 conduct or dishonorable from such service, or (3) is a discharged LGBT 47 veteran, as defined in section [three hundred fifty] one of the [execu-48tive] veterans' services law, and has received a discharge other than 49 bad conduct or dishonorable from such service. The term "armed forces" 50 shall mean the army, navy, air force, marine corps, and coast guard. 51 § 36. Paragraph (b) of subdivision 1 of section 75 of the civil 52 service law, as amended by chapter 490 of the laws of 2019, is amended 53 to read as follows: 54 (b) a person holding a position by permanent appointment or employment 55 in the classified service of the state or in the several cities, coun- 56 ties, towns, or villages thereof, or in any other political or civilA. 8294 51 1 division of the state or of a municipality, or in the public school 2 service, or in any public or special district, or in the service of any 3 authority, commission or board, or in any other branch of public 4 service, who was honorably discharged or released under honorable 5 circumstances from the armed forces of the United States including (i) 6 having a qualifying condition as defined in section [three hundred7fifty] one of the [executive] veterans' services law, and receiving a 8 discharge other than bad conduct or dishonorable from such service, or 9 (ii) being a discharged LGBT veteran, as defined in section [three10hundred fifty] one of the [executive] veterans' services law, and 11 receiving a discharge other than bad conduct or dishonorable from such 12 service, having served therein as such member in time of war as defined 13 in section eighty-five of this chapter, or who is an exempt volunteer 14 firefighter as defined in the general municipal law, except when a 15 person described in this paragraph holds the position of private secre- 16 tary, cashier or deputy of any official or department, or 17 § 37. Paragraph (a) and subparagraph 2 of paragraph (b) of subdivision 18 1 of section 85 of the civil service law, as amended by chapter 490 of 19 the laws of 2019, are amended to read as follows: 20 (a) The terms "veteran" and "non-disabled veteran" mean a member of 21 the armed forces of the United States who served therein in time of war, 22 who was honorably discharged or released under honorable circumstances 23 from such service including (i) having a qualifying condition as defined 24 in section [three hundred fifty] one of the [executive] veterans' 25 services law, and receiving a discharge other than bad conduct or 26 dishonorable from such service, or (ii) being a discharged LGBT veteran, 27 as defined in section [three hundred fifty] one of the [executive] 28 veterans' services law, and receiving a discharge other than bad conduct 29 or dishonorable from such service, who is a citizen of the United States 30 or an alien lawfully admitted for permanent residence in the United 31 States and who is a resident of the state of New York at the time of 32 application for appointment or promotion or at the time of retention, as 33 the case may be. 34 (2) A veteran who served in world war II, who continued to serve in 35 the armed forces of the United States after the second day of September, 36 nineteen hundred forty-five, or who was employed by the War Shipping 37 Administration or Office of Defense Transportation or their agents as a 38 merchant seaman documented by the United States Coast Guard or Depart- 39 ment of Commerce, or as a civil servant employed by the United States 40 Army Transport Service (later redesignated as the United States Army 41 Transportation Corps, Water Division) or the Naval Transportation 42 Service; and who served satisfactorily as a crew member during the peri- 43 od of armed conflict, December seventh, nineteen hundred forty-one, to 44 August fifteenth, nineteen hundred forty-five, aboard merchant vessels 45 in 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 orA. 8294 52 1 released therefrom under honorable circumstances or (ii) has a qualify- 2 ing condition, as defined in section [three hundred fifty] one of the 3 [executive] veterans' services law, and has received a discharge other 4 than bad conduct or dishonorable from such service, or (iii) is a 5 discharged LGBT veteran, as defined in section [three hundred fifty] one 6 of the [executive] veterans' services law, and has received a discharge 7 other than bad conduct or dishonorable from such service, or who served 8 as a United States civilian Flight Crew and Aviation Ground Support 9 Employee of Pan American World Airways or one of its subsidiaries or its 10 affiliates and served overseas as a result of Pan American's contract 11 with Air Transport Command or Naval Air Transport Service during the 12 period of armed conflict, December fourteenth, nineteen hundred forty- 13 one through August fourteenth, nineteen hundred forty-five, and who (iv) 14 was discharged or released therefrom under honorable circumstances or 15 (v) has a qualifying condition, as defined in section [three hundred16fifty] one of the [executive] veterans' services law, and has received a 17 discharge other than bad conduct or dishonorable from such service, or 18 (vi) is a discharged LGBT veteran, as defined in section [three hundred19fifty] one of the [executive] veterans' services law, and has received a 20 discharge other than bad conduct or dishonorable from such service, and 21 who is certified, as hereinbefore provided, by the United States veter- 22 ans' administration as receiving disability payments upon the certif- 23 ication of such veterans' administration for a disability incurred by 24 him or her in such service on or before the date that world war II is 25 declared terminated. 26 § 38. Section 86 of the civil service law, as amended by chapter 490 27 of the laws of 2019, is amended to read as follows: 28 § 86. Transfer of veterans or exempt volunteer firefighters upon abol- 29 ition of positions. If the position in the non-competitive or in the 30 labor class held by any honorably discharged veteran of the armed forces 31 of the United States or by any veteran of the armed forces of the United 32 States released under honorable circumstances from such service includ- 33 ing (i) having a qualifying condition as defined in section [three34hundred fifty] one of the [executive] veterans' services law, and 35 receiving a discharge other than bad conduct or dishonorable from such 36 service, or (ii) being a discharged LGBT veteran, as defined in section 37 [three hundred fifty] one of the [executive] veterans' services law, and 38 receiving a discharge other than bad conduct or dishonorable from such 39 service, who served therein in time of war as defined in section eight- 40 y-five of this chapter, or by an exempt volunteer firefighter as defined 41 in the general municipal law, shall become unnecessary or be abolished 42 for reasons of economy or otherwise, the honorably discharged veteran or 43 exempt volunteer firefighter holding such position shall not be 44 discharged from the public service but shall be transferred to a similar 45 position wherein a vacancy exists, and shall receive the same compen- 46 sation therein. It is hereby made the duty of all persons clothed with 47 the power of appointment to make such transfer effective. The right to 48 transfer herein conferred shall continue for a period of one year 49 following the date of abolition of the position, and may be exercised 50 only where a vacancy exists in an appropriate position to which transfer 51 may be made at the time of demand for transfer. Where the positions of 52 more than one such veteran or exempt volunteer firefighter are abolished 53 and a lesser number of vacancies in similar positions exist to which 54 transfer may be made, the veterans or exempt volunteer firefighters 55 whose positions are abolished shall be entitled to transfer to such 56 vacancies in the order of their original appointment in the service.A. 8294 53 1 Nothing in this section shall be construed to apply to the position of 2 private secretary, cashier or deputy of any official or department. This 3 section shall have no application to persons encompassed by section 4 eighty-a of this chapter. 5 § 39. Section 13-b of the domestic relations law, as amended by chap- 6 ter 306 of the laws of 2021, is amended to read as follows: 7 § 13-b. Time within which marriage may be solemnized. A marriage shall 8 not be solemnized within twenty-four hours after the issuance of the 9 marriage license, unless authorized by an order of a court of record as 10 hereinafter provided, nor shall it be solemnized after sixty days from 11 the date of the issuance of the marriage license unless authorized 12 pursuant to section [three hundred fifty-four-d] ten of the [executive] 13 veterans' services law. Every license to marry hereafter issued by a 14 town or city clerk, in addition to other requirements specified by this 15 chapter, must contain a statement of the day and the hour the license is 16 issued and the period during which the marriage may be solemnized. It 17 shall be the duty of the clergyman or magistrate performing the marriage 18 ceremony, or if the marriage is solemnized by written contract, of the 19 judge before whom the contract is acknowledged, to annex to or endorse 20 upon the marriage license the date and hour the marriage is solemnized. 21 A judge or justice of the supreme court of this state or the county 22 judge of the county in which either party to be married resides, or the 23 judge of the family court of such county, if it shall appear from an 24 examination of the license and any other proofs submitted by the parties 25 that one of the parties is in danger of imminent death, or by reason of 26 other emergency public interest will be promoted thereby, or that such 27 delay will work irreparable injury or great hardship upon the contract- 28 ing parties, or one of them, may, make an order authorizing the immedi- 29 ate solemnization of the marriage and upon filing such order with the 30 clergyman or magistrate performing the marriage ceremony, or if the 31 marriage is to be solemnized by written contract, with the judge before 32 whom the contract is acknowledged, such clergyman or magistrate may 33 solemnize such marriage, or such judge may take such acknowledgment as 34 the case may be, without waiting for such three day period and twenty- 35 four hour period to elapse. The clergyman, magistrate or judge must file 36 such order with the town or city clerk who issued the license within 37 five days after the marriage is solemnized. Such town or city clerk must 38 record and index the order in the book required to be kept by him or her 39 for recording affidavits, statements, consents and licenses, and when so 40 recorded the order shall become a public record and available in any 41 prosecution under this section. A person who shall solemnize a marriage 42 in violation of this section shall be guilty of a misdemeanor and upon 43 conviction thereof shall be punished by a fine of fifty dollars for each 44 offense, and in addition thereto, his or her right to solemnize a 45 marriage shall be suspended for ninety days. 46 § 40. Paragraph c of subdivision 1 of section 360 of the education 47 law, as amended by chapter 490 of the laws of 2019, is amended to read 48 as follows: 49 c. Adopt and enforce campus rules and regulations not inconsistent 50 with the vehicle and traffic law relating to parking, vehicular and 51 pedestrian traffic, and safety. Such rules and regulations may include 52 provisions for the disposition of abandoned vehicles, removal by towing 53 or otherwise of vehicles parked in violation of such rules at the 54 expense of the owner, the payment of fees for the registration or park- 55 ing of such vehicles, provided that such campus rules and regulations 56 may provide that any veteran attending the state university as a studentA. 8294 54 1 shall be exempt from any fees for parking or registering a motor vehi- 2 cle, and the assessment of administrative fines upon the owner or opera- 3 tor of such vehicles for each violation of the regulations. However, no 4 such fine may be imposed without a hearing or an opportunity to be heard 5 conducted by an officer or board designated by the board of trustees. 6 Such fines, in the case of an officer or employee of state university, 7 may be deducted from the salary or wages of such officer or employee 8 found in violation of such regulations, or in the case of a student of 9 state university found in violation of such regulations, the university 10 may withhold his or her grades and transcripts until such time as any 11 fine is paid. For purposes of this subdivision, the term "veteran" shall 12 mean a member of the armed forces of the United States who served in 13 such armed forces in time of war and who (i) was honorably discharged or 14 released under honorable circumstances from such service, or (ii) has a 15 qualifying condition, as defined in section [three hundred fifty] one of 16 the [executive] veterans' services law, and has received a discharge 17 other than bad conduct or dishonorable from such service, or (iii) is a 18 discharged LGBT veteran, as defined in section [three hundred fifty] one 19 of the [executive] veterans' services law, and has received a discharge 20 other than bad conduct or dishonorable from such service. 21 § 41. The opening paragraph of subdivision 6, subdivision 7, paragraph 22 c of subdivision 9, and paragraph a of subdivisions 10 and 10-a of 23 section 503 of the education law, as amended by chapter 490 of the laws 24 of 2019, are amended to read as follows: 25 Credit for service in war after world war I, which shall mean military 26 service during the period commencing the first day of July, nineteen 27 hundred forty, and terminating the thirtieth day of June, nineteen 28 hundred forty-seven, or during the period commencing the twenty-seventh 29 day of June, nineteen hundred fifty, and terminating the thirty-first 30 day of January, nineteen hundred fifty-five, or during both such peri- 31 ods, as a member of the armed forces of the United States, of any person 32 who (i) has been honorably discharged or released under honorable 33 circumstances from such service, or (ii) has a qualifying condition, as 34 defined in section [three hundred fifty] one of the [executive] veter- 35 ans' services law, and has received a discharge other than bad conduct 36 or dishonorable from such service, or (iii) is a discharged LGBT veter- 37 an, as defined in section [three hundred fifty] one of the [executive] 38 veterans' services law, and has received a discharge other than bad 39 conduct or dishonorable from such service, or service by one who was 40 employed by the War Shipping Administration or Office of Defense Trans- 41 portation or their agents as a merchant seaman documented by the United 42 States Coast Guard or Department of Commerce, or as a civil servant 43 employed by the United States Army Transport Service (later redesignated 44 as the United States Army Transportation Corps, Water Division) or the 45 Naval Transportation Service; and who served satisfactorily as a crew 46 member during the period of armed conflict, December seventh, nineteen 47 hundred forty-one, to August fifteenth, nineteen hundred forty-five, 48 aboard merchant vessels in oceangoing, i.e., foreign, intercoastal, or 49 coastwise service as such terms are defined under federal law (46 USCA 50 10301 & 10501) and further to include "near foreign" voyages between the 51 United States and Canada, Mexico, or the West Indies via ocean routes, 52 or public vessels in oceangoing service or foreign waters and who has 53 received a Certificate of Release or Discharge from Active Duty and a 54 discharge certificate, or an Honorable Service Certificate/Report of 55 Casualty, from the Department of Defense or who served as a United 56 States civilian employed by the American Field Service and served over-A. 8294 55 1 seas under United States Armies and United States Army Groups in world 2 war II during the period of armed conflict, December seventh, nineteen 3 hundred forty-one through May eighth, nineteen hundred forty-five, and 4 (iv) who was discharged or released therefrom under honorable condi- 5 tions, or (v) has a qualifying condition, as defined in section [three6hundred fifty] one of the [executive] veterans' services law, and has 7 received a discharge other than bad conduct or dishonorable from such 8 service, or (vi) is a discharged LGBT veteran, as defined in section 9 [three hundred fifty] one of the [executive] veterans' services law, and 10 has received a discharge other than bad conduct or dishonorable from 11 such service, or who served as a United States civilian Flight Crew and 12 Aviation Ground Support Employee of Pan American World Airways or one of 13 its subsidiaries or its affiliates and served overseas as a result of 14 Pan American's contract with Air Transport Command or Naval Air Trans- 15 port Service during the period of armed conflict, December fourteenth, 16 nineteen hundred forty-one through August fourteenth, nineteen hundred 17 forty-five, and who (vii) was discharged or released therefrom under 18 honorable conditions, or (viii) has a qualifying condition, as defined 19 in section [three hundred fifty] one of the [executive] veterans' 20 services law, and has received a discharge other than bad conduct or 21 dishonorable from such service, or (ix) is a discharged LGBT veteran, as 22 defined in section [three hundred fifty] one of the [executive] veter- 23 ans' services law, and has received a discharge other than bad conduct 24 or dishonorable from such service, and who was a teacher in the public 25 schools of this state at the time of his or her entrance into the armed 26 forces of the United States, provided no compensation was received under 27 the provisions of section two hundred forty-two of the military law, and 28 who returned to public school teaching following discharge or completion 29 of advanced education provided under servicemen's readjustment act of 30 nineteen hundred forty-four, or who following such discharge or release 31 entered into a service which would qualify him or her pursuant to 32 section forty-three of the retirement and social security law to trans- 33 fer his or her membership in the New York state teachers' retirement 34 system, shall be provided as follows, any provisions of section two 35 hundred forty-three of the military law to the contrary notwithstanding. 36 7. A teacher, who was a member of the New York state teachers retire- 37 ment system but who withdrew his or her accumulated contributions imme- 38 diately prior to his or her entry into, or during his or her service in 39 the armed forces of the United States in war after World War I, who (i) 40 has been honorably discharged or released from service, or (ii) has a 41 qualifying condition, as defined in section [three hundred fifty] one of 42 the [executive] veterans' services law, and has received a discharge 43 other than bad conduct or dishonorable from such service, or (iii) is a 44 discharged LGBT veteran, as defined in section [three hundred fifty] one 45 of the [executive] veterans' services law, and has received a discharge 46 other than bad conduct or dishonorable from such service, provided no 47 compensation was received under the provisions of section two hundred 48 forty-two of the military law, and who returned to public school teach- 49 ing in the state of New York following such discharge or release, or 50 following completion of advanced education provided under servicemen's 51 readjustment act of nineteen hundred forty-four, any provisions of 52 section two hundred forty-three of the military law to the contrary 53 notwithstanding, will be entitled to credit for service in war after 54 World War I, cost free, provided, however, that such credit will not be 55 allowed until he or she claims and pays for all prior teaching service 56 credited to him or her at the time of his or her termination of member-A. 8294 56 1 ship in the New York state teachers retirement system, and provided 2 further that claim for such service in war after World War I shall be 3 filed by the member with the retirement board before the first day of 4 July, nineteen hundred sixty-eight. 5 c. (i) has been honorably discharged or released under honorable 6 circumstances from such service, or (ii) has a qualifying condition, as 7 defined in section [three hundred fifty] one of the [executive] veter- 8 ans' services law, and has received a discharge other than bad conduct 9 or dishonorable from such service, or (iii) is a discharged LGBT veter- 10 an, as defined in section [three hundred fifty] one of the [executive] 11 veterans' services law, and has received a discharge other than bad 12 conduct or dishonorable from such service, and 13 a. In addition to credit for military service pursuant to section two 14 hundred forty-three of the military law and subdivisions six through 15 nine of this section, a member employed as a full-time teacher by an 16 employer as defined in subdivision three of section five hundred one of 17 this article and who joined the retirement system prior to July first, 18 nineteen hundred seventy-three, may obtain credit for military service 19 not in excess of three years and not otherwise creditable under section 20 two hundred forty-three of the military law and subdivisions six through 21 nine of this section, rendered on active duty in the armed forces of the 22 United States during the period commencing July first, nineteen hundred 23 forty, and terminating December thirty-first, nineteen hundred forty- 24 six, or on service by one who was employed by the War Shipping Adminis- 25 tration or Office of Defense Transportation or their agents as a 26 merchant seaman documented by the United States Coast Guard or Depart- 27 ment of Commerce, or as a civil servant employed by the United States 28 Army Transport Service (later redesignated as the United States Army 29 Transportation Corps, Water Division) or the Naval Transportation 30 Service; and who served satisfactorily as a crew member during the peri- 31 od of armed conflict, December seventh, nineteen hundred forty-one, to 32 August fifteenth, nineteen hundred forty-five, aboard merchant vessels 33 in oceangoing, i.e., foreign, intercoastal, or coastwise service as such 34 terms are defined under federal law (46 USCA 10301 & 10501) and further 35 to include "near foreign" voyages between the United States and Canada, 36 Mexico, or the West Indies via ocean routes, or public vessels in ocean- 37 going service or foreign waters and who has received a Certificate of 38 Release or Discharge from Active Duty and a discharge certificate, or an 39 Honorable Service Certificate/Report of Casualty, from the Department of 40 Defense or on service by one who served as a United States civilian 41 employed by the American Field Service and served overseas under United 42 States Armies and United States Army Groups in world war II during the 43 period of armed conflict, December seventh, nineteen hundred forty-one 44 through May eighth, nineteen hundred forty-five, and who (i) was 45 discharged or released therefrom under honorable conditions, or (ii) has 46 a qualifying condition, as defined in section [three hundred fifty] one 47 of the [executive] veterans' services law, and has received a discharge 48 other than bad conduct or dishonorable from such service, or (iii) is a 49 discharged LGBT veteran, as defined in section [three hundred fifty] one 50 of the [executive] veterans' services law, and has received a discharge 51 other than bad conduct or dishonorable from such service, or on service 52 by one who served as a United States civilian Flight Crew and Aviation 53 Ground Support Employee of Pan American World Airways or one of its 54 subsidiaries or its affiliates and served overseas as a result of Pan 55 American's contract with Air Transport Command or Naval Air Transport 56 Service during the period of armed conflict, December fourteenth, nine-A. 8294 57 1 teen hundred forty-one through August fourteenth, nineteen hundred 2 forty-five, and who (iv) was discharged or released therefrom under 3 honorable conditions, or (v) has a qualifying condition, as defined in 4 section [three hundred fifty] one of the [executive] veterans' services 5 law, and has received a discharge other than bad conduct or dishonorable 6 from such service, or (vi) is a discharged LGBT veteran, as defined in 7 section [three hundred fifty] one of the [executive] veterans' services 8 law, and has received a discharge other than bad conduct or dishonorable 9 from such service, by a person who was a resident of New York state at 10 the time of entry into such service and at the time of being discharged 11 therefrom under honorable circumstances, and who makes the payments 12 required in accordance with the provisions of this subdivision. 13 a. In addition to credit for military service pursuant to section two 14 hundred forty-three of the military law and subdivisions six through 15 nine of this section, a member who joined the retirement system prior to 16 July first, nineteen hundred seventy-three, and who was not eligible for 17 credit for military service under subdivision ten of this section as a 18 result of being on a leave of absence without pay between July twenti- 19 eth, nineteen hundred seventy-six and October fifteenth, nineteen 20 hundred seventy-seven or on leave of absence with less than full pay 21 between July twentieth, nineteen hundred seventy-six and October 22 fifteenth, nineteen hundred seventy-seven, may obtain credit for mili- 23 tary service not in excess of three years and not otherwise creditable 24 under section two hundred forty-three of the military law and subdivi- 25 sions six through nine of this section, rendered on active duty in the 26 armed forces of the United States during the period commencing July 27 first, nineteen hundred forty, and terminating December thirty-first, 28 nineteen hundred forty-six, or on service by one who was employed by the 29 War Shipping Administration or Office of Defense Transportation or their 30 agents as a merchant seaman documented by the United States Coast Guard 31 or Department of Commerce, or as a civil servant employed by the United 32 States Army Transport Service (later redesignated as the United States 33 Army Transportation Corps, Water Division) or the Naval Transportation 34 Service; and who served satisfactorily as a crew member during the peri- 35 od of armed conflict, December seventh, nineteen hundred forty-one, to 36 August fifteenth, nineteen hundred forty-five, aboard merchant vessels 37 in oceangoing, i.e., foreign, intercoastal, or coastwise service as such 38 terms are defined under federal law (46 USCA 10301 & 10501) and further 39 to include "near foreign" voyages between the United States and Canada, 40 Mexico, or the West Indies via ocean routes, or public vessels in ocean- 41 going service or foreign waters and who has received a Certificate of 42 Release or Discharge from Active Duty and a discharge certificate, or an 43 Honorable Service Certificate/Report of Casualty, from the Department of 44 Defense, or on service by one who served as a United States civilian 45 employed by the American Field Service and served overseas under United 46 States Armies and United States Army Groups in world war II during the 47 period of armed conflict, December seventh, nineteen hundred forty-one 48 through May eighth, nineteen hundred forty-five, and who (i) was 49 discharged or released therefrom under honorable conditions, or (ii) has 50 a qualifying condition, as defined in section [three hundred fifty] one 51 of the [executive] veterans' services law, and has received a discharge 52 other than bad conduct or dishonorable from such service, or (iii) is a 53 discharged LGBT veteran, as defined in section [three hundred fifty] one 54 of the [executive] veterans' services law, and has received a discharge 55 other than bad conduct or dishonorable from such service, or on service 56 by one who served as a United States civilian Flight Crew and AviationA. 8294 58 1 Ground Support Employee of Pan American World Airways or one of its 2 subsidiaries or its affiliates and served overseas as a result of Pan 3 American's contract with Air Transport Command or Naval Air Transport 4 Service during the period of armed conflict, December fourteenth, nine- 5 teen hundred forty-one through August fourteenth, nineteen hundred 6 forty-five, and who (iv) was discharged or released therefrom under 7 honorable conditions, or (v) has a qualifying condition, as defined in 8 section [three hundred fifty] one of the [executive] veterans' services 9 law, and has received a discharge other than bad conduct or dishonorable 10 from such service, or (vi) is a discharged LGBT veteran, as defined in 11 section [three hundred fifty] one of the [executive] veterans' services 12 law, and has received a discharge other than bad conduct or dishonorable 13 from such service, by a person who was a resident of New York state at 14 the time of entry into such service and at the time of being discharged 15 therefrom under honorable circumstances, and who makes the payments 16 required in accordance with the provisions of this subdivision. 17 § 42. Subdivision 5 of section 605 of the education law, as amended by 18 chapter 490 of the laws of 2019, is amended to read as follows: 19 5. Regents scholarships for war veterans. Regents scholarships for war 20 veterans shall be awarded on a competitive basis, for study beginning 21 with the college year nineteen hundred seventy-five--nineteen hundred 22 seventy-six. Six hundred such scholarships shall be awarded in such year 23 to veterans of the armed forces of the United States who have served on 24 active duty (other than for training) between October one, nineteen 25 hundred sixty-one and March twenty-nine, nineteen hundred seventy-three, 26 and who on the date by which applications are required to be submitted 27 (a) have been released from such active duty on conditions not other 28 than honorable, or (b) have a qualifying condition, as defined in 29 section [three hundred fifty] one of the [executive] veterans' services 30 law, and have received a discharge other than bad conduct or dishonor- 31 able from such service, or (c) are discharged LGBT veterans, as defined 32 in section [three hundred fifty] one of the [executive] veterans' 33 services law, and have received a discharge other than bad conduct or 34 dishonorable from such service. Such scholarships shall be allocated to 35 each county in the state in the same ratio that the number of legal 36 residents in such county, as determined by the most recent federal 37 census, bears to the total number of residents in the state; provided, 38 however, that no county shall be allocated fewer scholarships than such 39 county received during the year nineteen hundred sixty-eight--sixty- 40 nine. 41 § 43. Subparagraph 3 of paragraph b of subdivision 3 of section 663 of 42 the education law, as amended by chapter 490 of the laws of 2019, is 43 amended to read as follows: 44 (3) The applicant was enlisted in full time active military service in 45 the armed forces of the United States and (i) has been honorably 46 discharged from such service, or (ii) has a qualifying condition, as 47 defined in section [three hundred fifty] one of the [executive] veter- 48 ans' services law, and has received a discharge other than bad conduct 49 or dishonorable from such service, or (iii) is a discharged LGBT veter- 50 an, as defined in section [three hundred fifty] one of the [executive] 51 veterans' services law, and has received a discharge other than bad 52 conduct or dishonorable from such service, and, provided, however, that 53 the applicant has not and will not be claimed as a dependent by either 54 parent for purposes of either federal or state income tax.A. 8294 59 1 § 44. Paragraph (b) of subdivisions 1 and 2 of section 668 of the 2 education law, as amended by chapter 490 of the laws of 2019, are 3 amended to read as follows: 4 (b) December seven, nineteen hundred forty-one to December thirty-one, 5 nineteen hundred forty-six, or have been employed by the War Shipping 6 Administration or Office of Defense Transportation or their agents as a 7 merchant seaman documented by the United States Coast Guard or Depart- 8 ment of Commerce, or as a civil servant employed by the United States 9 Army Transport Service (later redesignated as the United States Army 10 Transportation Corps, Water Division) or the Naval Transportation 11 Service; and who served satisfactorily as a crew member during the peri- 12 od of armed conflict, December seventh, nineteen hundred forty-one, to 13 August fifteenth, nineteen hundred forty-five, aboard merchant vessels 14 in oceangoing, i.e., foreign, intercoastal, or coastwise service as such 15 terms are defined under federal law (46 USCA 10301 & 10501) and further 16 to include "near foreign" voyages between the United States and Canada, 17 Mexico, or the West Indies via ocean routes, or public vessels in ocean- 18 going service or foreign waters and who has received a Certificate of 19 Release or Discharge from Active Duty and a discharge certificate, or an 20 Honorable Service Certificate/Report of Casualty, from the Department of 21 Defense or have served as a United States civilian employed by the Amer- 22 ican Field Service and served overseas under United States Armies and 23 United States Army Groups in world war II during the period of armed 24 conflict, December seventh, nineteen hundred forty-one through May 25 eighth, nineteen hundred forty-five, and who (i) was discharged or 26 released therefrom under honorable conditions, or (ii) has a qualifying 27 condition, as defined in section [three hundred fifty] one of the [exec-28utive] veterans' services law, and has received a discharge other than 29 bad conduct or dishonorable from such service, or (iii) is a discharged 30 LGBT veteran, as defined in section [three hundred fifty] one of the 31 [executive] veterans' services law, and has received a discharge other 32 than bad conduct or dishonorable from such service, or have served as a 33 United States civilian Flight Crew and Aviation Ground Support Employee 34 of Pan American World Airways or one of its subsidiaries or its affil- 35 iates and served overseas as a result of Pan American's contract with 36 Air Transport Command or Naval Air Transport Service during the period 37 of armed conflict, December fourteenth, nineteen hundred forty-one 38 through August fourteenth, nineteen hundred forty-five, and who (iv) was 39 discharged or released therefrom under honorable conditions, or (v) has 40 a qualifying condition, as defined in section [three hundred fifty] one 41 of the [executive] veterans' services law, and has received a discharge 42 other than bad conduct or dishonorable from such service, or (vi) is a 43 discharged LGBT veteran, as defined in section [three hundred fifty] one 44 of the [executive] veterans' services law, and has received a discharge 45 other than bad conduct or dishonorable from such service. 46 (b) (i) is an honorably discharged veteran of the United States or 47 member of the armed forces of the United States, or (ii) has a qualify- 48 ing condition, as defined in section [three hundred fifty] one of the 49 [executive] veterans' services law, and has received a discharge other 50 than bad conduct or dishonorable from such service, or (iii) is a 51 discharged LGBT veteran, as defined in section [three hundred fifty] one 52 of the [executive] veterans' services law, and has received a discharge 53 other than bad conduct or dishonorable from such service, who is a resi- 54 dent of the state of New York, and who has a current disability of forty 55 percent or more as a result of an injury or illness which is incurred or 56 was incurred during such military service; orA. 8294 60 1 § 45. Subdivision 1 of section 668-c of the education law, as amended 2 by chapter 490 of the laws of 2019, is amended to read as follows: 3 1. Eligible students. Awards shall be made to Vietnam veterans' resi- 4 dent children born with Spina Bifida enrolled in approved undergraduate 5 or graduate programs at degree granting institutions. For the purpose of 6 this section, "Vietnam veteran" shall mean a person who served in Indo- 7 china at any time from the twenty-second day of December, nineteen 8 hundred sixty-one, to and including the seventh day of May, nineteen 9 hundred seventy-five and (a) was honorably discharged from the armed 10 forces of the United States, or (b) has a qualifying condition, as 11 defined in section [three hundred fifty] one of the [executive] veter- 12 ans' services law, and has received a discharge other than bad conduct 13 or dishonorable from the armed forces of the United States, or (c) is a 14 discharged LGBT veteran, as defined in section [three hundred fifty] one 15 of the [executive] veterans' services law, and has received a discharge 16 other than bad conduct or dishonorable from the armed forces of the 17 United States; "born with Spina Bifida" shall mean a diagnosis at birth 18 of such disease inclusive of all forms, manifestations, complications 19 and associated medical conditions thereof, but shall not include Spina 20 Bifida Occulta. Such diagnosis shall be in accordance with the 21 provisions of the federal Spina Bifida program and shall be documented 22 by the United States Administration of Veterans' Affairs. 23 § 46. Paragraphs a, b, c and d of subdivision 1 of section 669-a of 24 the education law, as amended by chapter 490 of the laws of 2019, are 25 amended to read as follows: 26 a. "Vietnam veteran" means (i) a person who is a resident of this 27 state, (ii) who served in the armed forces of the United States in Indo- 28 china at any time from the twenty-eighth day of February, nineteen 29 hundred sixty-one, to and including the seventh day of May, nineteen 30 hundred seventy-five, and (iii) who was either discharged therefrom 31 under honorable conditions, including but not limited to honorable 32 discharge, discharge under honorable conditions, or general discharge, 33 or has a qualifying condition, as defined in section [three hundred34fifty] one of the [executive] veterans' services law, and has received a 35 discharge other than bad conduct or dishonorable from such service, or 36 is a discharged LGBT veteran, as defined in section [three hundred37fifty] one of the [executive] veterans' services law, and has received a 38 discharge other than bad conduct or dishonorable from such service. 39 b. "Persian Gulf veteran" means (i) a person who is a resident of this 40 state, (ii) who served in the armed forces of the United States in the 41 hostilities that occurred in the Persian Gulf from the second day of 42 August, nineteen hundred ninety through the end of such hostilities, and 43 (iii) who was either discharged therefrom under honorable conditions, 44 including but not limited to honorable discharge, discharge under honor- 45 able conditions, or general discharge, or has a qualifying condition, as 46 defined in section [three hundred fifty] one of the [executive] veter- 47 ans' services law, and has received a discharge other than bad conduct 48 or dishonorable from such service, or is a discharged LGBT veteran, as 49 defined in section [three hundred fifty] one of the [executive] veter- 50 ans' services law, and has received a discharge other than bad conduct 51 or dishonorable from such service. 52 c. "Afghanistan veteran" means (i) a person who is a resident of this 53 state, (ii) who served in the armed forces of the United States in the 54 hostilities that occurred in Afghanistan from the eleventh day of 55 September, two thousand one, to the end of such hostilities, and (iii) 56 who was either discharged therefrom under honorable conditions, includ-A. 8294 61 1 ing but not limited to honorable discharge, discharge under honorable 2 conditions, or general discharge, or has a qualifying condition, as 3 defined in section [three hundred fifty] one of the [executive] veter- 4 ans' services law, and has received a discharge other than bad conduct 5 or dishonorable from such service, or is a discharged LGBT veteran, as 6 defined in section [three hundred fifty] one of the [executive] veter- 7 ans' services law, and has received a discharge other than bad conduct 8 or dishonorable from such service. 9 d. "Other eligible combat veteran" means: an individual who (i) is a 10 resident of this state, (ii) served in the armed forces of the United 11 States in hostilities that occurred after February twenty-eighth, nine- 12 teen hundred sixty-one, as evidenced by their receipt of an Armed Forces 13 Expeditionary Medal, Navy Expeditionary Medal, or Marine Corps Expedi- 14 tionary Medal, and (iii) was either discharged under honorable condi- 15 tions, including but not limited to honorable discharge, discharge under 16 honorable conditions, or general discharge, or has a qualifying condi- 17 tion, as defined in section [three hundred fifty] one of the [executive] 18 veterans' services law, and has received a discharge other than bad 19 conduct or dishonorable from such service, or is a discharged LGBT 20 veteran, as defined in section [three hundred fifty] one of the [execu-21tive] veterans' services law, and has received a discharge other than 22 bad conduct or dishonorable from such service. 23 § 47. Subdivision 1 of section 3202 of the education law, as amended 24 by chapter 490 of the laws of 2019, is amended to read as follows: 25 1. A person over five and under twenty-one years of age who has not 26 received a high school diploma is entitled to attend the public schools 27 maintained in the district in which such person resides without the 28 payment of tuition. Provided further that such person may continue to 29 attend the public school in such district in the same manner, if tempo- 30 rarily residing outside the boundaries of the district when relocation 31 to such temporary residence is a consequence of such person's parent or 32 person in parental relationship being called to active military duty, 33 other than training. Notwithstanding any other provision of law to the 34 contrary, the school district shall not be required to provide transpor- 35 tation between a temporary residence located outside of the school 36 district and the school the child attends. A veteran of any age who 37 shall have served as a member of the armed forces of the United States 38 and who (a) shall have been discharged therefrom under conditions other 39 than dishonorable, or (b) has a qualifying condition, as defined in 40 section [three hundred fifty] one of the [executive] veterans' services 41 law, and has received a discharge other than bad conduct or dishonorable 42 from such service, or (c) is a discharged LGBT veteran, as defined in 43 section [three hundred fifty] one of the [executive] veterans' services 44 law, and has received a discharge other than bad conduct or dishonorable 45 from such service, may attend any of the public schools of the state 46 upon conditions prescribed by the board of education, and such veterans 47 shall be included in the pupil count for state aid purposes. A nonveter- 48 an under twenty-one years of age who has received a high school diploma 49 shall be permitted to attend classes in the schools of the district in 50 which such person resides or in a school of a board of cooperative 51 educational services upon payment of tuition under such terms and condi- 52 tions as shall be established in regulations promulgated by the commis- 53 sioner; provided, however, that a school district may waive the payment 54 of tuition for such nonveteran, but in any case such a nonveteran who 55 has received a high school diploma shall not be counted for any state 56 aid purposes. Nothing herein contained shall, however, require a boardA. 8294 62 1 of education to admit a child who becomes five years of age after the 2 school year has commenced unless his or her birthday occurs on or before 3 the first of December. 4 § 48. Clause (h) of subparagraph 3 of paragraph b of subdivision 1 of 5 section 4402 of the education law, as amended by chapter 652 of the laws 6 of 2007, is amended to read as follows: 7 (h) Provide the form developed pursuant to subdivision [fifteen] twen- 8 ty-two of section [three hundred fifty-three] four of the [executive] 9 veterans' services law to the parent or person in parental relation of a 10 child designated by the committee as either disabled or emotionally 11 disturbed. 12 § 49. Subdivision 15 of section 1-104 of the election law, as amended 13 by chapter 490 of the laws of 2019, is amended to read as follows: 14 15. The term "veterans' hospital" means any sanitarium, hospital, 15 soldiers' and sailors' home, United States Veterans' Administration 16 Hospital, or other home or institution, which is used, operated and 17 conducted exclusively for the care, maintenance and treatment of persons 18 serving in the military or naval service or coast guard of the United 19 States or the state of New York, or persons who (a) were honorably 20 discharged from such service, or (b) have a qualifying condition, as 21 defined in section [three hundred fifty] one of the [executive] veter- 22 ans' services law, and have received a discharge other than bad conduct 23 or dishonorable from such service, or (c) are a discharged LGBT veteran, 24 as defined in section [three hundred fifty] one of the [executive] 25 veterans' services law, and have received a discharge other than bad 26 conduct or dishonorable from such service. 27 § 50. Subdivision 4 of section 5-210 of the election law, as amended 28 by chapter 490 of the laws of 2019, is amended to read as follows: 29 4. Any qualified person who has been honorably discharged from the 30 military after the twenty-fifth day before a general election, or who 31 has a qualifying condition, as defined in section [three hundred fifty] 32 one of the [executive] veterans' services law, and has received a 33 discharge other than bad conduct or dishonorable from the military after 34 the twenty-fifth day before a general election, or who is a discharged 35 LGBT veteran, as defined in section [three hundred fifty] one of the 36 [executive] veterans' services law, and has received a discharge other 37 than bad conduct or dishonorable from the military after the twenty- 38 fifth day before a general election, or who has become a naturalized 39 citizen after the twenty-fifth day before a general election may 40 personally register at the board of elections in the county of his or 41 her residence and vote in the general election held at least ten days 42 after such registration. 43 § 51. Subdivision 16 of section 11-0305 of the environmental conserva- 44 tion law, as amended by chapter 103 of the laws of 2012, is amended to 45 read as follows: 46 16. Notwithstanding any inconsistent provision of law, to authorize 47 free sport fishing clinics. A free sport fishing clinic shall include, 48 but not be limited to, instruction provided by employees of the depart- 49 ment or its designee in recreational angling, including its benefits and 50 values, and may also include instruction and other information relevant 51 to an understanding of fisheries management, ethics and aquatic ecology 52 and habitat. No license or recreational marine fishing registration is 53 required to take fish by angling while participating in a fishing clinic 54 conducted by the department or its designee that has been designated by 55 the commissioner as a free sport fishing clinic. Such clinics shall be 56 implemented consistent with department standards and in a manner deter-A. 8294 63 1 mined by the department to best provide public notice thereof and to 2 maximize public participation therein, so as to promote the recreational 3 opportunities afforded by sport fishing. Further, the commissioner may 4 designate additional fishing events organized through the department 5 that provide physical or emotional rehabilitation for veterans, as 6 defined in subdivision three of section [three hundred fifty] one of the 7 [executive] veterans' services law, or active duty members of the armed 8 forces of the United States, as defined in 10 U.S.C. section 101(d)(1). 9 No license or recreational marine fishing registration shall be required 10 for such veterans or active duty members to take fish by angling while 11 participating in these events. 12 § 52. Subdivision 4 of section 11-0715 of the environmental conserva- 13 tion law, as amended by chapter 490 of the laws of 2019, is amended to 14 read as follows: 15 4. A person, resident in the state for at least thirty days immediate- 16 ly prior to the date of application, who (a) has been honorably 17 discharged from service in the armed forces of the United States, or (b) 18 has a qualifying condition, as defined in section [three hundred fifty] 19 one of the [executive] veterans' services law, and has received a 20 discharge other than bad conduct or dishonorable from such service, or 21 (c) is a discharged LGBT veteran, as defined in section [three hundred22fifty] one of the [executive] veterans' services law, and has received a 23 discharge other than bad conduct or dishonorable from such service, and 24 is certified as having a forty percent or greater service-connected 25 disability is entitled to receive all licenses, privileges, tags, and 26 permits authorized by this title for which he or she is eligible, except 27 turkey permits, renewable each year for a five dollar fee. 28 § 53. Subparagraph (iv) of paragraph c of subdivision 1 of section 29 13-0328 of the environmental conservation law, as amended by chapter 490 30 of the laws of 2019, is amended to read as follows: 31 (iv) licenses shall be issued only to persons who demonstrate in a 32 manner acceptable to the department that they received an average of at 33 least fifteen thousand dollars of income over three consecutive years 34 from commercial fishing or fishing, or who successfully complete a 35 commercial food fish apprenticeship pursuant to subdivision seven of 36 this section. As used in this subparagraph, "commercial fishing" means 37 the taking and sale of marine resources including fish, shellfish, crus- 38 tacea or other marine biota and "fishing" means commercial fishing and 39 carrying fishing passengers for hire. Individuals who wish to qualify 40 based on income from "fishing" must hold a valid marine and coastal 41 district party and charter boat license. No more than ten percent of the 42 licenses issued each year based on income eligibility pursuant to this 43 paragraph shall be issued to applicants who qualify based solely upon 44 income derived from operation of or employment by a party or charter 45 boat. For the income evaluation of this subdivision, the department may 46 consider persons who would otherwise be eligible but for having served 47 in the United States armed forces on active duty, provided that such 48 individual (1) has received an honorable or general discharge, or (2) 49 has a qualifying condition, as defined in section [three hundred fifty] 50 one of the [executive] veterans' services law, and has received a 51 discharge other than bad conduct or dishonorable from such service, or 52 (3) is a discharged LGBT veteran, as defined in section [three hundred53fifty] one of the [executive] veterans' services law, and has received a 54 discharge other than bad conduct or dishonorable from such service, 55 shall not be deemed ineligible.A. 8294 64 1 § 54. Subdivision 1 of section 130 of the executive law, as amended by 2 section 2 of part V of chapter 58 of the laws of 2020, is amended to 3 read as follows: 4 1. The secretary of state may appoint and commission as many notaries 5 public for the state of New York as in his or her judgment may be deemed 6 best, whose jurisdiction shall be co-extensive with the boundaries of 7 the state. The appointment of a notary public shall be for a term of 8 four years. An application for an appointment as notary public shall be 9 in form and set forth such matters as the secretary of state shall 10 prescribe. Every person appointed as notary public must, at the time of 11 his or her appointment, be a resident of the state of New York or have 12 an office or place of business in New York state. A notary public who is 13 a resident of the state and who moves out of the state but still main- 14 tains a place of business or an office in New York state does not vacate 15 his or her office as a notary public. A notary public who is a nonresi- 16 dent and who ceases to have an office or place of business in this 17 state, vacates his or her office as a notary public. A notary public who 18 is a resident of New York state and moves out of the state and who does 19 not retain an office or place of business in this state shall vacate his 20 or her office as a notary public. A non-resident who accepts the office 21 of notary public in this state thereby appoints the secretary of state 22 as the person upon whom process can be served on his or her behalf. 23 Before issuing to any applicant a commission as notary public, unless he 24 or she be an attorney and counsellor at law duly admitted to practice in 25 this state or a court clerk of the unified court system who has been 26 appointed to such position after taking a civil service promotional 27 examination in the court clerk series of titles, the secretary of state 28 shall satisfy himself or herself that the applicant is of good moral 29 character, has the equivalent of a common school education and is famil- 30 iar with the duties and responsibilities of a notary public; provided, 31 however, that where a notary public applies, before the expiration of 32 his or her term, for reappointment with the county clerk or where a 33 person whose term as notary public shall have expired applies within six 34 months thereafter for reappointment as a notary public with the county 35 clerk, such qualifying requirements may be waived by the secretary of 36 state, and further, where an application for reappointment is filed with 37 the county clerk after the expiration of the aforementioned renewal 38 period by a person who failed or was unable to re-apply by reason of his 39 or her induction or enlistment in the armed forces of the United States, 40 such qualifying requirements may also be waived by the secretary of 41 state, provided such application for reappointment is made within a 42 period of one year after the military discharge of the applicant under 43 conditions other than dishonorable, or if the applicant has a qualifying 44 condition, as defined in section [three hundred fifty of this chapter] 45 one of the veterans' services law, within a period of one year after the 46 applicant has received a discharge other than bad conduct or dishonor- 47 able from such service, or if the applicant is a discharged LGBT veter- 48 an, as defined in section [three hundred fifty of this chapter] one of 49 the veterans' services law, within a period of one year after the appli- 50 cant has received a discharge other than bad conduct or dishonorable 51 from such service. In any case, the appointment or reappointment of any 52 applicant is in the discretion of the secretary of state. The secretary 53 of state may suspend or remove from office, for misconduct, any notary 54 public appointed by him or her but no such removal shall be made unless 55 the person who is sought to be removed shall have been served with a 56 copy of the charges against him or her and have an opportunity of beingA. 8294 65 1 heard. No person shall be appointed as a notary public under this arti- 2 cle who has been convicted, in this state or any other state or territo- 3 ry, of a crime, unless the secretary makes a finding in conformance with 4 all applicable statutory requirements, including those contained in 5 article twenty-three-A of the correction law, that such convictions do 6 not constitute a bar to appointment. 7 § 55. Subdivision 1 of section 32 of the general business law, as 8 amended by chapter 490 of the laws of 2019, is amended to read as 9 follows: 10 1. Every member of the armed forces of the United States who (a) was 11 honorably discharged from such service, or (b) has a qualifying condi- 12 tion, as defined in section [three hundred fifty] one of the [executive] 13 veterans' services law, and has received a discharge other than bad 14 conduct or dishonorable from such service, or (c) is a discharged LGBT 15 veteran, as defined in section [three hundred fifty] one of the [execu-16tive] veterans' services law, and has received a discharge other than 17 bad conduct or dishonorable from such service, and who is a resident of 18 this state and a veteran of any war, or who shall have served in the 19 armed forces of the United States overseas, and the surviving spouse of 20 any such veteran, if a resident of the state, shall have the right to 21 hawk, peddle, vend and sell goods, wares or merchandise or solicit trade 22 upon the streets and highways within the county of his or her residence, 23 as the case may be, or if such county is embraced wholly by a city, 24 within such city, by procuring a license for that purpose to be issued 25 as herein provided. No part of the lands or premises under the jurisdic- 26 tion of the division of the state fair in the department of agriculture 27 and markets, shall be deemed a street or highway within the meaning of 28 this section. 29 § 56. Section 35 of the general business law, as amended by chapter 30 490 of the laws of 2019, is amended to read as follows: 31 § 35. Municipal regulations. This article shall not affect the appli- 32 cation of any ordinance, by-law or regulation of a municipal corporation 33 relating to hawkers and peddlers within the limits of such corporations, 34 but the provisions of this article are to be complied with in addition 35 to the requirements of any such ordinance, by-law or regulation; 36 provided, however, that no such by-law, ordinance or regulation shall 37 prevent or in any manner interfere with the hawking or peddling, without 38 the use of any but a hand driven vehicle, in any street, avenue, alley, 39 lane or park of a municipal corporation, by any honorably discharged 40 member of the armed forces of the United States who (1) was honorably 41 discharged from such service, or (2) has a qualifying condition, as 42 defined in section [three hundred fifty] one of the [executive] veter- 43 ans' services law, and has received a discharge other than bad conduct 44 or dishonorable from such service, or (3) is a discharged LGBT veteran, 45 as defined in section [three hundred fifty] one of the [executive] 46 veterans' services law, and has received a discharge other than bad 47 conduct or dishonorable from such service, and who is physically disa- 48 bled as a result of injuries received while in the service of said armed 49 forces and the holder of a license granted pursuant to section thirty- 50 two of this article. 51 § 57. Paragraph (a) of subdivision 1 of section 35-a of the general 52 business law, as amended by chapter 490 of the laws of 2019, is amended 53 to read as follows: 54 (a) In cities having a population of one million or more, the official 55 designated by a local law or ordinance to issue a local license to hawk, 56 peddle, vend and sell goods, wares or merchandise or solicit trade uponA. 8294 66 1 the streets and highways within such city shall issue specialized vend- 2 ing licenses to members of the armed forces of the United States who (i) 3 were honorably discharged from such service, or (ii) have a qualifying 4 condition, as defined in section [three hundred fifty] one of the [exec-5utive] veterans' services law, and received a discharge other than bad 6 conduct or dishonorable from such service, or (iii) are a discharged 7 LGBT veteran, as defined in section [three hundred fifty] one of the 8 [executive] veterans' services law, and received a discharge other than 9 bad conduct or dishonorable from such service, and who are physically 10 disabled as a result of injuries received while in the service of said 11 armed forces and who are eligible to hold licenses granted pursuant to 12 section thirty-two of this article. Such specialized vending licenses 13 shall authorize holders thereof to hawk or peddle within such city in 14 accordance with the provisions contained in this section. Specialized 15 vending licenses issued under this section shall permit the holders 16 thereof to vend on any block face, and no licensee authorized under this 17 section shall be restricted in any way from vending in any area, except 18 as provided in this section. 19 § 58. Paragraph (b) of subdivision 3 of section 69-p of the general 20 business law, as amended by chapter 490 of the laws of 2019, is amended 21 to read as follows: 22 (b) In the case of persons who are or were in the military service and 23 (i) have been or will be discharged under conditions other than 24 dishonorable, or (ii) have a qualifying condition, as defined in section 25 [three hundred fifty] one of the [executive] veterans' services law, and 26 received a discharge other than bad conduct or dishonorable from such 27 service, or (iii) are discharged LGBT veterans, as defined in section 28 [three hundred fifty] one of the [executive] veterans' services law, and 29 have received a discharge other than bad conduct or dishonorable from 30 such service, the period of two years specified in subdivision one of 31 this section need not be continuous. The length of time such person was 32 engaged in the business of installing, servicing or maintaining security 33 or fire alarm systems before entering the military service may be added 34 to any period of time during which such person was or is engaged in the 35 business of installing, servicing or maintaining security or fire alarm 36 systems after the termination of military service. 37 § 59. The closing paragraph of section 435 of the general business 38 law, as amended by chapter 490 of the laws of 2019, is amended to read 39 as follows: 40 In the case of persons who are or were in the military service and (a) 41 have been or will be discharged under conditions other than dishonor- 42 able, or (b) have a qualifying condition, as defined in section [three43hundred fifty] one of the [executive] veterans' services law, and 44 received a discharge other than bad conduct or dishonorable from such 45 service, or (c) are discharged LGBT veterans, as defined in section 46 [three hundred fifty] one of the [executive] veterans' services law, and 47 have received a discharge other than bad conduct or dishonorable from 48 such service, the period of one year specified in subdivision one of 49 this section and the period of six months specified in subdivision two 50 of this section need not be continuous. The length of time such person 51 was engaged in the practice of barbering before entering the military 52 service may be added to any period of time during which such person was 53 or is engaged in the practice of barbering after the termination of 54 military service. 55 § 60. Section 13-a of the general construction law, as amended by 56 chapter 490 of the laws of 2019, is amended to read as follows:A. 8294 67 1 § 13-a. Armed forces of the United States. "Armed forces of the United 2 States" means the army, navy, marine corps, air force and coast guard, 3 including all components thereof, and the national guard when in the 4 service of the United States pursuant to call as provided by law. 5 Pursuant to this definition no person shall be considered a member or 6 veteran of the armed forces of the United States unless his or her 7 service therein is or was on a full-time active duty basis, other than 8 active duty for training or he or she was employed by the War Shipping 9 Administration or Office of Defense Transportation or their agents as a 10 merchant seaman documented by the United States Coast Guard or Depart- 11 ment of Commerce, or as a civil servant employed by the United States 12 Army Transport Service (later redesignated as the United States Army 13 Transportation Corps, Water Division) or the Naval Transportation 14 Service; and who served satisfactorily as a crew member during the peri- 15 od of armed conflict, December seventh, nineteen hundred forty-one, to 16 August fifteenth, nineteen hundred forty-five, aboard merchant vessels 17 in oceangoing, i.e., foreign, intercoastal, or coastwise service as such 18 terms are defined under federal law (46 USCA 10301 & 10501) and further 19 to include "near foreign" voyages between the United States and Canada, 20 Mexico, or the West Indies via ocean routes, or public vessels in ocean- 21 going service or foreign waters and who has received a Certificate of 22 Release or Discharge from Active Duty and a discharge certificate, or an 23 Honorable Service Certificate/Report of Casualty, from the Department of 24 Defense or he or she served as a United States civilian employed by the 25 American Field Service and served overseas under United States Armies 26 and United States Army Groups in world war II during the period of armed 27 conflict, December seventh, nineteen hundred forty-one through May 28 eighth, nineteen hundred forty-five, and (i) was discharged or released 29 therefrom under honorable conditions, or (ii) has a qualifying condi- 30 tion, as defined in section [three hundred fifty] one of the [executive] 31 veterans' services law, and has received a discharge other than bad 32 conduct or dishonorable from such service, or (iii) is a discharged LGBT 33 veteran, as defined in section [three hundred fifty] one of the [execu-34tive] veterans' services law, and has received a discharge other than 35 bad conduct or dishonorable from such service, or he or she served as a 36 United States civilian Flight Crew and Aviation Ground Support Employee 37 of Pan American World Airways or one of its subsidiaries or its affil- 38 iates and served overseas as a result of Pan American's contract with 39 Air Transport Command or Naval Air Transport Service during the period 40 of armed conflict, December fourteenth, nineteen hundred forty-one 41 through August fourteenth, nineteen hundred forty-five, and (iv) was 42 discharged or released therefrom under honorable conditions, or (v) has 43 a qualifying condition, as defined in section [three hundred fifty] one 44 of the [executive] veterans' services law, and has received a discharge 45 other than bad conduct or dishonorable from such service, or (vi) is a 46 discharged LGBT veteran, as defined in section [three hundred fifty] one 47 of the [executive] veterans' services law, and has received a discharge 48 other than bad conduct or dishonorable from such service. 49 § 61. Subdivision 1 of section 77 of the general municipal law, as 50 amended by chapter 490 of the laws of 2019, is amended to read as 51 follows: 52 1. A municipal corporation may lease, for not exceeding five years, to 53 a post or posts of the Grand Army of the Republic, Veterans of Foreign 54 Wars of the United States, American Legion, Catholic War Veterans, Inc., 55 Disabled American Veterans, the Army and Navy Union, U.S.A., Marine 56 Corps League, AMVETS, American Veterans of World War II, Jewish WarA. 8294 68 1 Veterans of the United States, Inc., Italian American War Veterans of 2 the United States, Incorporated, Masonic War Veterans of the State of 3 New York, Inc., Veterans of World War I of the United States of America 4 Department of New York, Inc., Polish-American Veterans of World War II, 5 Amsterdam, N.Y., Inc., Polish-American Veterans of World War II, Sche- 6 nectady, N.Y., Inc., Polish Legion of American Veterans, Inc., Vietnam 7 Veterans of America or other veteran organization of members of the 8 armed forces of the United States who (a) were honorably discharged from 9 such service or (b) have a qualifying condition, as defined in section 10 [three hundred fifty] one of the [executive] veterans' services law, and 11 received a discharge other than bad conduct or dishonorable from such 12 service, or (c) are discharged LGBT veterans, as defined in section 13 [three hundred fifty] one of the [executive] veterans' services law, and 14 received a discharge other than bad conduct or dishonorable from such 15 service, or to an incorporated organization or an association of either 16 active or exempt volunteer firefighters, a public building or part ther- 17 eof, belonging to such municipal corporation, except schoolhouses in 18 actual use as such, without expense, or at a nominal rent, fixed by the 19 board or council having charge of such buildings and provide furniture 20 and furnishings, and heat, light and janitor service therefor, in like 21 manner. 22 § 62. Paragraph (a) of subdivision 1 of section 148 of the general 23 municipal law, as amended by chapter 490 of the laws of 2019, is amended 24 to read as follows: 25 (a) The board of supervisors in each of the counties, or the board of 26 estimate in the city of New York, shall designate some proper person, 27 association or commission, other than that designated for the care of 28 burial of public charges or criminals, who shall cause to be interred 29 the body of any member of the armed forces of the United States who (i) 30 was honorably discharged from such service or (ii) had a qualifying 31 condition, as defined in section [three hundred fifty] one of the [exec-32utive] veterans' services law, and received a discharge other than bad 33 conduct or dishonorable from such service, or (iii) was a discharged 34 LGBT veteran, as defined in section [three hundred fifty] one of the 35 [executive] veterans' services law, and received a discharge other than 36 bad conduct or dishonorable from such service, or the body of any minor 37 child or either parent, or the spouse or unremarried surviving spouse of 38 any such member of the armed forces of the United States, if such person 39 shall hereafter die in a county or in the city of New York without leav- 40 ing sufficient means to defray his or her funeral expenses. 41 § 63. Section 117-c of the highway law, as amended by chapter 490 of 42 the laws of 2019, is amended to read as follows: 43 § 117-c. Hawking, peddling, vending, sale of goods, wares or merchan- 44 dise; Erie county; certain areas. Notwithstanding any law to the contra- 45 ry, except section thirty-five of the general business law, the county 46 of Erie shall have the power to enact a local law prohibiting hawking, 47 peddling, vending and sale of goods, wares or merchandise or solicita- 48 tion of trade in the right-of-way of county roads adjacent to arenas, 49 stadiums, auditoriums or like facilities, which contain fifty thousand 50 or more seats, which are used for events likely to attract large numbers 51 of spectators, including but not limited to home games of a National 52 Football League franchise. Provided, however, that the power to enact 53 such local law shall be subject to the requirement that provision be 54 made, by lease agreement, regulation or otherwise, for the hawking, 55 peddling, vending and sales of goods, wares or merchandise or solicita- 56 tion of trade in designated vending areas on the ground of county-ownedA. 8294 69 1 lands leased for use as an arena, stadium or auditorium or like facility 2 which contain fifty thousand or more seats; and further provided that 3 members of the armed forces of the United States who (a) were honorably 4 discharged from such service, or (b) have a qualifying condition, as 5 defined in section [three hundred fifty] one of the [executive] veter- 6 ans' services law, and received a discharge other than bad conduct or 7 dishonorable from such service, or (c) are discharged LGBT veterans, as 8 defined in section [three hundred fifty] one of the [executive] veter- 9 ans' services law, and received a discharge other than bad conduct or 10 dishonorable from such service, and who are entitled to hawk, vend, sell 11 or peddle merchandise in the public right-of-way pursuant to sections 12 thirty-two and thirty-five of the general business law, shall be given 13 first preference in any assignment or vending locations or in the allo- 14 cation of such locations. 15 § 64. Paragraph 11 of subsection (j) of section 2103 of the insurance 16 law, as amended by chapter 490 of the laws of 2019, is amended to read 17 as follows: 18 (11) No license fee shall be required of any person who served as a 19 member of the armed forces of the United States at any time and who (A) 20 shall have been discharged therefrom, under conditions other than 21 dishonorable, or (B) has a qualifying condition, as defined in section 22 [three hundred fifty] one of the [executive] veterans' services law, and 23 has received a discharge other than bad conduct or dishonorable from 24 such service, or (C) is a discharged LGBT veteran, as defined in section 25 [three hundred fifty] one of the [executive] veterans' services law, and 26 has received a discharge other than bad conduct or dishonorable from 27 such service, in a current licensing period, for the duration of such 28 period. 29 § 65. Subparagraph (F) of paragraph 3 of subsection (e) and paragraph 30 2 of subsection (f) of section 2104 of the insurance law, as amended by 31 chapter 490 of the laws of 2019, are amended to read as follows: 32 (F) served as a member of the armed forces of the United States at any 33 time, and shall (i) have been discharged under conditions other than 34 dishonorable, or (ii) has a qualifying condition, as defined in section 35 [three hundred fifty] one of the [executive] veterans' services law, and 36 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] one of the [executive] veterans' services 39 law, and has received a discharge other than bad conduct or dishonorable 40 from such service, and who within three years prior to his or her entry 41 into the armed forces held a license as insurance broker for similar 42 lines, provided his or her application for such license is filed before 43 one year from the date of final discharge; or 44 (2) No license fee shall be required of any person who served as a 45 member of the armed forces of the United States at any time, and who (A) 46 shall have been discharged, under conditions other than dishonorable, or 47 (B) has a qualifying condition, as defined in section [three hundred48fifty] one of the [executive] veterans' services law, and has received a 49 discharge other than bad conduct or dishonorable from such service, or 50 (C) is a discharged LGBT veteran, as defined in section [three hundred51fifty] one of the [executive] veterans' services law, and has received a 52 discharge other than bad conduct or dishonorable from such service, in a 53 current licensing period, for the duration of such period. 54 § 66. Paragraph 2 of subsection (i) of section 2108 of the insurance 55 law, as amended by chapter 490 of the laws of 2019, is amended to read 56 as follows:A. 8294 70 1 (2) No license fee shall be required of any person who served as a 2 member of the armed forces of the United States at any time and who (A) 3 shall have been discharged, under conditions other than dishonorable, or 4 (B) has a qualifying condition, as defined in section [three hundred5fifty] one of the [executive] veterans' services law, and has received a 6 discharge other than bad conduct or dishonorable from such service, or 7 (C) is a discharged LGBT veteran, as defined in section [three hundred8fifty] one of the [executive] veterans' services law, and has received a 9 discharge other than bad conduct or dishonorable from such service, in a 10 current licensing period, for the duration of such period. 11 § 67. Paragraph 10 of subsection (h) of section 2137 of the insurance 12 law, as amended by chapter 490 of the laws of 2019, is amended to read 13 as follows: 14 (10) No license fee shall be required of any person who served as a 15 member of the armed forces of the United States at any time and who (A) 16 shall have been discharged therefrom, under conditions other than 17 dishonorable, or (B) has a qualifying condition, as defined in section 18 [three hundred fifty] one of the [executive] veterans' services law, and 19 has received a discharge other than bad conduct or dishonorable from 20 such service, or (C) is a discharged LGBT veteran, as defined in section 21 [three hundred fifty] one of the [executive] veterans' services law, and 22 has received a discharge other than bad conduct or dishonorable from 23 such service, in a current licensing period, for the duration of such 24 period. 25 § 68. Paragraph 11 of subsection (i) of section 2139 of the insurance 26 law, as amended by chapter 490 of the laws of 2019, is amended to read 27 as follows: 28 (11) No license fee shall be required of any person who served as a 29 member of the armed forces of the United States at any time, and who (A) 30 shall have been discharged therefrom under conditions other than 31 dishonorable, or (B) has a qualifying condition, as defined in section 32 [three hundred fifty] one of the [executive] veterans' services law, and 33 has received a discharge other than bad conduct or dishonorable from 34 such service, or (C) is a discharged LGBT veteran, as defined in section 35 [three hundred fifty] one of the [executive] veterans' services law, and 36 has received a discharge other than bad conduct or dishonorable from 37 such service, in a current licensing period for the duration of such 38 period. 39 § 69. Section 466 of the judiciary law, as amended by chapter 490 of 40 the laws of 2019, is amended to read as follows: 41 § 466. Attorney's oath of office. 1. Each person, admitted as 42 prescribed in this chapter must, upon his or her admission, take the 43 constitutional oath of office in open court, and subscribe the same in a 44 roll or book, to be kept in the office of the clerk of the appellate 45 division of the supreme court for that purpose. 46 2. Any person now in actual service in the armed forces of the United 47 States or whose induction or enlistment therein is imminent, or within 48 sixty days after such person (1) has been honorably discharged, or (2) 49 has received a discharge other than bad conduct or dishonorable from 50 such service, if such person has a qualifying condition, as defined in 51 section [three hundred fifty] one of the [executive] veterans' services 52 law, or (3) has received a discharge other than bad conduct or dishonor- 53 able from such service, if such person is a discharged LGBT veteran, as 54 defined in section [three hundred fifty] one of the [executive] veter- 55 ans' services law, if the appellate division of the supreme court in the 56 department in which such person resides is not in session, may subscribeA. 8294 71 1 and take the oath before a justice of that court, with the same force 2 and effect as if it were taken in open court, except that in the first 3 department the oath must be taken before the presiding justice or, in 4 his or her absence, before the senior justice. 5 § 70. Subdivision 3 of section 20 of the military law, as amended by 6 chapter 490 of the laws of 2019, is amended to read as follows: 7 3. Any person who has served as a commissioned or warrant officer in 8 the organized militia or in the armed forces of the United States and 9 (a) has been honorably discharged therefrom, or (b) has a qualifying 10 condition, as defined in section [three hundred fifty] one of the [exec-11utive] veterans' services law, and has received a discharge other than 12 bad conduct or dishonorable from such service, or (c) is a discharged 13 LGBT veteran, as defined in section [three hundred fifty] one of the 14 [executive] veterans' services law, and has received a discharge other 15 than bad conduct or dishonorable from such service, may be commissioned 16 and placed on the state reserve list in the highest grade previously 17 held by him or her after complying with such conditions as may be 18 prescribed by regulations issued pursuant to this chapter. 19 § 71. Paragraphs (b) and (c) of subdivision 1 and subparagraphs 1 and 20 2 of paragraph (a) of subdivision 4-b of section 243 of the military 21 law, as amended by chapter 490 of the laws of 2019, are amended to read 22 as follows: 23 (b) The term "military duty" shall mean military service in the mili- 24 tary, naval, aviation or marine service of the United States subsequent 25 to July first, nineteen hundred forty, or service under the selective 26 training and service act of nineteen hundred forty, or the national 27 guard and reserve officers mobilization act of nineteen hundred forty, 28 or any other act of congress supplementary or amendatory thereto, or any 29 similar act of congress hereafter enacted and irrespective of the fact 30 that such service was entered upon following a voluntary enlistment 31 therefor or was required under one of the foregoing acts of congress, or 32 service with the United States public health service as a commissioned 33 officer, or service with the American Red Cross while with the armed 34 forces of the United States on foreign service, or service with the 35 special services section of the armed forces of the United States on 36 foreign service, or service in the merchant marine which shall consist 37 of service as an officer or member of the crew on or in connection with 38 a vessel documented under the laws of the United States or a vessel 39 owned by, chartered to, or operated by or for the account or use of the 40 government of the United States, or service by one who was employed by 41 the War Shipping Administration or Office of Defense Transportation or 42 their agents as a merchant seaman documented by the United States Coast 43 Guard or Department of Commerce, or as a civil servant employed by the 44 United States Army Transport Service (later redesignated as the United 45 States Army Transportation Corps, Water Division) or the Naval Transpor- 46 tation Service; and who served satisfactorily as a crew member during 47 the period of armed conflict, December seventh, nineteen hundred forty- 48 one, to August fifteenth, nineteen hundred forty-five, aboard merchant 49 vessels in oceangoing, i.e., foreign, intercoastal, or coastwise service 50 as such terms are defined under federal law (46 USCA 10301 & 10501) and 51 further to include "near foreign" voyages between the United States and 52 Canada, Mexico, or the West Indies via ocean routes, or public vessels 53 in oceangoing service or foreign waters and who has received a Certif- 54 icate of Release or Discharge from Active Duty and a discharge certif- 55 icate, or an Honorable Service Certificate/Report of Casualty, from the 56 Department of Defense, or who served as a United States civilianA. 8294 72 1 employed by the American Field Service and served overseas under United 2 States Armies and United States Army Groups in world war II during the 3 period of armed conflict, December seventh, nineteen hundred forty-one 4 through May eighth, nineteen hundred forty-five, and who (i) was 5 discharged or released therefrom under honorable conditions, or (ii) has 6 a qualifying condition, as defined in section [three hundred fifty] one 7 of the [executive] veterans' services law, and has received a discharge 8 other than bad conduct or dishonorable from such service, or (iii) is a 9 discharged LGBT veteran, as defined in section [three hundred fifty] one 10 of the [executive] veterans' services law, and has received a discharge 11 other than bad conduct or dishonorable from such service, or who served 12 as a United States civilian Flight Crew and Aviation Ground Support 13 Employee of Pan American World Airways or one of its subsidiaries or its 14 affiliates and served overseas as a result of Pan American's contract 15 with Air Transport Command or Naval Air Transport Service during the 16 period of armed conflict, December fourteenth, nineteen hundred forty- 17 one through August fourteenth, nineteen hundred forty-five, and who (iv) 18 was discharged or released therefrom under honorable conditions, or (v) 19 has a qualifying condition, as defined in section [three hundred fifty] 20 one of the [executive] veterans' services law, and has received a 21 discharge other than bad conduct or dishonorable from such service, or 22 (vi) is a discharged LGBT veteran, as defined in section [three hundred23fifty] one of the [executive] veterans' services law, and has received a 24 discharge other than bad conduct or dishonorable from such service; or 25 service in police duty on behalf of the United States government in a 26 foreign country, if such person is a police officer, as defined by 27 section 1.20 of the criminal procedure law, and if such police officer 28 obtained the prior consent of his or her public employer to absent 29 himself or herself from his or her position to engage in the performance 30 of such service; or as an enrollee in the United States maritime service 31 on active duty and, to such extent as may be prescribed by or under the 32 laws of the United States, any period awaiting assignment to such 33 service and any period of education or training for such service in any 34 school or institution under the jurisdiction of the United States 35 government, but shall not include temporary and intermittent gratuitous 36 service in any reserve or auxiliary force. It shall include time spent 37 in reporting for and returning from military duty and shall be deemed to 38 commence when the public employee leaves his or her position and to end 39 when he or she is reinstated to his or her position, provided such rein- 40 statement is within ninety days after the termination of military duty, 41 as hereinafter defined. Notwithstanding the foregoing provisions of this 42 paragraph, the term "military duty" shall not include any of the forego- 43 ing services entered upon voluntarily on or after January first, nine- 44 teen hundred forty-seven and before June twenty-fifth, nineteen hundred 45 fifty; and, on or after July first, nineteen hundred seventy, the term 46 "military duty" shall not include any voluntary service in excess of 47 four years performed after that date, or the total of any voluntary 48 services, additional or otherwise, in excess of four years performed 49 after that date, shall not exceed five years, if the service in excess 50 of four years is at the request and for the convenience of the federal 51 government, except if such voluntary service is performed during a peri- 52 od of war, or national emergency declared by the president. 53 (c) The term "termination of military duty" shall mean the date of a 54 certificate of honorable discharge or a certificate of completion of 55 training and service as set forth in the selective training and service 56 act of nineteen hundred forty, and the national guard and reserve offi-A. 8294 73 1 cers mobilization act of nineteen hundred forty or, or a certificate of 2 release or discharge from active duty where an employee (i) has a quali- 3 fying condition, as defined in section [three hundred fifty] one of the 4 [executive] veterans' services law, and has received a discharge other 5 than bad conduct or dishonorable from such service, or (ii) is a 6 discharged LGBT veteran, as defined in section [three hundred fifty] one 7 of the [executive] veterans' services law, and has received a discharge 8 other than bad conduct or dishonorable from such service, or in the 9 event of the incurrence of a temporary disability arising out of and in 10 the course of such military duty, the date of termination of such disa- 11 bility. The existence and termination of such temporary disability, in 12 the case of a public employee occupying a position in the classified 13 civil service or of a person on an eligible list for a position in such 14 service, shall be determined by the civil service commission having 15 jurisdiction over such position and, in the case of a public employee 16 occupying a position not in the classified civil service, shall be 17 determined by the officer or body having the power of appointment. 18 (1) "New York city veteran of world war II". Any member of the New 19 York city employees' retirement system in city-service who, after his or 20 her last membership in such system began, served as a member of the 21 armed forces of the United States during the period beginning on Decem- 22 ber seventh, nineteen hundred forty-one and ending on December thirty- 23 first, nineteen hundred forty-six, and (i) was honorably discharged or 24 released under honorable circumstances from such service, or (ii) has a 25 qualifying condition, as defined in section [three hundred fifty] one of 26 the [executive] veterans' services law, and has received a discharge 27 other than bad conduct or dishonorable from such service, or (iii) is a 28 discharged LGBT veteran, as defined in section [three hundred fifty] one 29 of the [executive] veterans' services law, and has received a discharge 30 other than bad conduct or dishonorable from such service. 31 (2) "New York city veteran of the Korean conflict." Any member of the 32 New York city employees' retirement system in city-service who, after 33 his or her last membership in such system began, served as a member of 34 the armed forces of the United States during the period beginning on the 35 twenty-seventh of June, nineteen hundred fifty and ending on the thir- 36 ty-first day of January, nineteen hundred fifty-five, and (i) was honor- 37 ably discharged or released under honorable circumstances from such 38 service, or (ii) has a qualifying condition, as defined in section 39 [three hundred fifty] one of the [executive] veterans' services law, and 40 has received a discharge other than bad conduct or dishonorable from 41 such service, or (iii) is a discharged LGBT veteran, as defined in 42 section [three hundred fifty] one of the [executive] veterans' services 43 law, and has received a discharge other than bad conduct or dishonorable 44 from such service. 45 § 72. Section 245 of the military law, as amended by chapter 490 of 46 the laws of 2019, is amended to read as follows: 47 § 245. Retirement allowances of certain war veterans. 1. Any member 48 of a teachers' retirement system to which the city of New York is 49 required by law to make contributions on account of such member who (i) 50 is an honorably discharged member of any branch of the armed forces of 51 the United States, or (ii) has a qualifying condition, as defined in 52 section [three hundred fifty] one of the [executive] veterans' services 53 law, and has received a discharge other than bad conduct or dishonor- 54 able, or (iii) is a discharged LGBT veteran, as defined in section 55 [three hundred fifty] one of the [executive] veterans' services law, and 56 has received a discharge other than bad conduct or dishonorable, havingA. 8294 74 1 served as such during the time of war and who has attained the age of 2 fifty years, may retire upon his or her own request upon written appli- 3 cation to the board setting forth at what time not less than thirty days 4 subsequent to the execution and filing thereof he or she desires to be 5 retired, provided that such member at the time so specified for his or 6 her retirement shall have completed at least twenty-five years of allow- 7 able service. Upon retirement such member shall receive an annuity of 8 equivalent actuarial value to his or her accumulated deductions, and, in 9 addition, a pension beginning immediately, having a value equal to the 10 present value of the pension that would have become payable had he or 11 she continued at his or her current salary to the age at which he or she 12 would have first become eligible for service retirement, provided, 13 however, that the said member on making application for retirement shall 14 pay into the retirement fund a sum of money which calculated on an actu- 15 arial basis, together with his or her prior contributions and other 16 accumulations in said fund then to his or her credit, shall be suffi- 17 cient to entitle the said member to the same annuity and pension that he 18 or she would have received had he or she remained in the service of the 19 city until he or she had attained the age at which he or she otherwise 20 would have first become eligible for service retirement. 21 2. Notwithstanding any other provision of this section or of any 22 general, special or local law or code to the contrary, a member of any 23 such teachers' retirement system who (i) is separated or discharged 24 under honorable conditions from any branch of the armed forces of the 25 United States, or (ii) has a qualifying condition, as defined in section 26 [three hundred fifty] one of the [executive] veterans' services law, and 27 has received a discharge other than bad conduct or dishonorable, or 28 (iii) is a discharged LGBT veteran, as defined in section [three hundred29fifty] one of the [executive] veterans' services law, and has received a 30 discharge other than bad conduct or dishonorable, having served as such 31 during the time of war and who has attained the age of fifty years, may 32 retire upon his or her own request upon written application to the board 33 setting forth at what time, not less than thirty days subsequent to the 34 execution and filing thereof, he or she desires to be retired, provided 35 that such member at that time so specified for his or her retirement 36 shall have completed at least twenty-five years of allowable service. 37 Upon reaching his or her previously selected minimum retirement age, 38 such member shall receive an annuity of equivalent actuarial value, at 39 that time, to his or her accumulated deductions, and, in addition, a 40 pension based upon his or her credited years of allowable service, plus 41 the pension-for-increased-take-home-pay, if any. Should such member die 42 before reaching his or her retirement age, then any beneficiary under a 43 selected option shall be eligible for benefits under such option at the 44 date upon which the member would have reached his or her selected 45 retirement age. 46 § 73. Subdivision 1-b of section 247 of the military law, as amended 47 by chapter 490 of the laws of 2019, is amended to read as follows: 48 1-b. The adjutant general is hereby authorized to present in the name 49 of the legislature of the state of New York, a certificate, to be known 50 as the "Cold War Certificate", bearing a suitable inscription, to any 51 person: (i) who is a citizen of the state of New York or (ii) who was a 52 citizen of the state of New York while serving in the armed forces of 53 the United States; (iii) who served in the United States Armed Forces 54 during the period of time from September second, nineteen hundred 55 forty-five through December twenty-sixth, nineteen hundred ninety-one, 56 commonly known as the Cold War Era; and (iv) who was honorablyA. 8294 75 1 discharged or released under honorable circumstances during the Cold War 2 Era, or has a qualifying condition, as defined in section [three hundred3fifty] one of the [executive] veterans' services law, and received a 4 discharge other than bad conduct or dishonorable during the Cold War 5 Era, or is a discharged LGBT veteran, as defined in section [three6hundred fifty] one of the [executive] veterans' services law, and 7 received a discharge other than bad conduct or dishonorable during the 8 Cold War Era. Not more than one Cold War Certificate shall be awarded or 9 presented, under the provisions of this subdivision, to any person whose 10 entire service subsequent to the time of the receipt of such medal shall 11 not have been honorable. In the event of the death of any person during 12 or subsequent to the receipt of such certificate it shall be presented 13 to such representative of the deceased as may be designated. The adju- 14 tant general, in consultation with the [director] commissioner of the 15 [division] department of veterans' services, shall make such rules and 16 regulations as may be deemed necessary for the proper presentation and 17 distribution of the certificate. 18 § 74. Section 249 of the military law, as amended by chapter 490 of 19 the laws of 2019, is amended to read as follows: 20 § 249. State and municipal officers and employees granted leaves of 21 absence on July fourth in certain cases. Each officer and employee of 22 the state or of a municipal corporation or of any other political subdi- 23 vision thereof who was a member of the national guard or naval militia 24 or a member of the reserve corps at a time when the United States was 25 not at war and who (i) has been honorably discharged therefrom, or (ii) 26 has a qualifying condition, as defined in section [three hundred fifty] 27 one of the [executive] veterans' services law, and has received a 28 discharge other than bad conduct or dishonorable from such service, or 29 (iii) is a discharged LGBT veteran, as defined in section [three hundred30fifty] one of the [executive] veterans' services law, and has received a 31 discharge other than bad conduct or dishonorable from such service, 32 shall, in so far as practicable, be entitled to absent himself or 33 herself from [his] duties or service, with pay, on July fourth of each 34 year. Notwithstanding the provisions of any general, special or local 35 law or the provisions of any city charter, no such officer or employee 36 shall be subjected by any person whatever directly or indirectly by 37 reason of such absence to any loss or diminution of vacation or holiday 38 privilege or be prejudiced by reason of such absence with reference to 39 promotion or continuance in office or employment or to reappointment to 40 office or to re-employment. 41 § 75. Subparagraph 2 of paragraph b of subdivision 1 of section 156 of 42 the public housing law, as amended by chapter 490 of the laws of 2019, 43 is amended to read as follows: 44 (2) (i) have been thereafter discharged or released therefrom under 45 conditions other than dishonorable, or (ii) have a qualifying condition, 46 as defined in section [three hundred fifty] one of the [executive] 47 veterans' services law, and have received a discharge other than bad 48 conduct or dishonorable from such service, or (iii) are discharged LGBT 49 veterans, as defined in section [three hundred fifty] one of the [execu-50tive] veterans' services law, and have received a discharge other than 51 bad conduct or dishonorable from such service, or (iv) died in such 52 service, not more than five years prior to the time of application for 53 admission to such project, and 54 § 76. The opening paragraph and paragraph (d) of subdivision 1 of 55 section 2632 of the public health law, as amended by chapter 490 of the 56 laws of 2019, are amended to read as follows:A. 8294 76 1 Every veteran of the armed forces of the United States, who (i) (A) 2 was separated or discharged under honorable conditions after serving on 3 active duty therein for a period of not less than thirty days, or (B) 4 has a qualifying condition, as defined in section [three hundred fifty] 5 one of the [executive] veterans' services law, and has received a 6 discharge other than bad conduct or dishonorable after serving on active 7 duty therein for a period of not less than thirty days, or (C) is a 8 discharged LGBT veteran, as defined in section [three hundred fifty] one 9 of the [executive] veterans' services law, and has received a discharge 10 other than bad conduct or dishonorable after serving on active duty 11 therein for a period of not less than thirty days, or (ii) (A) was sepa- 12 rated or discharged under honorable conditions after serving on active 13 duty therein for a period of not less than thirty days or (B) has a 14 qualifying condition, as defined in section [three hundred fifty] one of 15 the [executive] veterans' services law, and has received a discharge 16 other than bad conduct or dishonorable after serving on active duty 17 therein for a period of not less than thirty days, or (C) is a 18 discharged LGBT veteran, as defined in section [three hundred fifty] one 19 of the [executive] veterans' services law, and has received a discharge 20 other than bad conduct or dishonorable after serving on active duty 21 therein for a period of not less than thirty days, and who was a recipi- 22 ent of the armed forces expeditionary medal, navy expeditionary medal or 23 marine corps expeditionary medal for participation in operations in 24 Lebanon from June first, nineteen hundred eighty-three to December 25 first, nineteen hundred eighty-seven, in Grenada from October twenty- 26 third, nineteen hundred eighty-three to November twenty-first, nineteen 27 hundred eighty-three, or in Panama from December twentieth, nineteen 28 hundred eighty-nine to January thirty-first, nineteen hundred ninety, or 29 in Bosnia and Herzgegovina from November twenty-first, nineteen hundred 30 ninety-five to November first, two thousand seven, or was a recipient of 31 the Kosovo campaign medal or (iii) (A) was separated or discharged under 32 honorable conditions after serving on active duty therein for a period 33 of not less than thirty days or (B) has a qualifying condition, as 34 defined in section [three hundred fifty] one of the [executive] veter- 35 ans' services law, and has received a discharge other than bad conduct 36 or dishonorable after serving on active duty therein for a period of not 37 less than thirty days, or (C) is a discharged LGBT veteran, as defined 38 in section [three hundred fifty] one of the [executive] veterans' 39 services law, and has received a discharge other than bad conduct or 40 dishonorable after serving on active duty therein for a period of not 41 less than thirty days, and who served during the period of actual 42 hostilities of either 43 (d) world war II between December seventh, nineteen hundred forty-one 44 and December thirty-first, nineteen hundred forty-six, both inclusive, 45 or who was employed by the War Shipping Administration or Office of 46 Defense Transportation or their agents as a merchant seaman documented 47 by the United States Coast Guard or Department of Commerce, or as a 48 civil servant employed by the United States Army Transport Service 49 (later redesignated as the United States Army Transportation Corps, 50 Water Division) or the Naval Transportation Service; and who served 51 satisfactorily as a crew member during the period of armed conflict, 52 December seventh, nineteen hundred forty-one, to August fifteenth, nine- 53 teen hundred forty-five, aboard merchant vessels in oceangoing, i.e., 54 foreign, intercoastal, or coastwise service as such terms are defined 55 under federal law (46 USCA 10301 & 10501) and further to include "near 56 foreign" voyages between the United States and Canada, Mexico, or theA. 8294 77 1 West Indies via ocean routes, or public vessels in oceangoing service or 2 foreign waters and who has received a Certificate of Release or 3 Discharge from Active Duty and a discharge certificate, or an Honorable 4 Service Certificate/Report of Casualty, from the Department of Defense, 5 or who served as a United States civilian employed by the American Field 6 Service and served overseas under United States Armies and United States 7 Army Groups in world war II during the period of armed conflict, Decem- 8 ber seventh, nineteen hundred forty-one through May eighth, nineteen 9 hundred forty-five, and who (i) was discharged or released therefrom 10 under honorable conditions, or (ii) has a qualifying condition, as 11 defined in section [three hundred fifty] one of the [executive] veter- 12 ans' services law, and has received a discharge other than bad conduct 13 or dishonorable from such service, or (iii) is a discharged LGBT veter- 14 an, as defined in section [three hundred fifty] one of the [executive] 15 veterans' services law, and has received a discharge other than bad 16 conduct or dishonorable from such service, or who served as a United 17 States civilian Flight Crew and Aviation Ground Support Employee of Pan 18 American World Airways or one of its subsidiaries or its affiliates and 19 served overseas as a result of Pan American's contract with Air Trans- 20 port Command or Naval Air Transport Service during the period of armed 21 conflict, December fourteenth, nineteen hundred forty-one through August 22 fourteenth, nineteen hundred forty-five, and who (iv) was discharged or 23 released therefrom under honorable conditions, or (v) has a qualifying 24 condition, as defined in section [three hundred fifty] one of the [exec-25utive] veterans' services law, and has received a discharge other than 26 bad conduct or dishonorable from such service, or (vi) is a discharged 27 LGBT veteran, as defined in section [three hundred fifty] one of the 28 [executive] veterans' services law, and has received a discharge other 29 than bad conduct or dishonorable from such service; or 30 § 77. Subdivision 5 of section 2805-b of the public health law, as 31 amended by section 21 of part AA of chapter 56 of the laws of 2019, is 32 amended to read as follows: 33 5. The staff of a general hospital shall: (a) inquire whether or not 34 the person admitted has served in the United States armed forces. Such 35 information shall be listed on the admissions form; (b) notify any 36 admittee who is a veteran of the possible availability of services at a 37 hospital operated by the United States veterans health administration, 38 and, upon request by the admittee, such staff shall make arrangements 39 for the individual's transfer to a United States veterans health admin- 40 istration hospital, provided, however, that transfers shall be author- 41 ized only after it has been determined, according to accepted clinical 42 and medical standards, that the patient's condition has stabilized and 43 transfer can be accomplished safely and without complication; and (c) 44 provide any admittee who has served in the United States armed forces 45 with a copy of the "Information for Veterans concerning Health Care 46 Options" fact sheet, maintained by the [division] department of veter- 47 ans' services pursuant to subdivision [twenty-three] twenty-nine of 48 section [three hundred fifty-three] four of the [executive] veterans' 49 services law prior to discharging or transferring the patient. The 50 commissioner shall promulgate rules and regulations for notifying such 51 admittees of possible available services and for arranging a requested 52 transfer. 53 § 78. Subdivision 2 of section 2805-o of the public health law, as 54 amended by section 22 of part AA of chapter 56 of the laws of 2019, is 55 amended to read as follows:A. 8294 78 1 2. Every nursing home and residential health care facility shall in 2 writing advise all individuals identifying themselves as veterans or 3 spouses of veterans that the [division] department of veterans' services 4 and local veterans' service agencies established pursuant to section 5 [three hundred fifty-seven] fourteen of the [executive] veterans' 6 services law to provide assistance to veterans and their spouses regard- 7 ing benefits under federal and state law. Such written information shall 8 include the name, address and telephone number of the New York state 9 [division] department of veterans' services, the nearest [division] 10 department of veterans' services office, the nearest county or city 11 veterans' service agency and the nearest accredited veterans' service 12 officer. 13 § 79. Subdivision 3 of section 3422 of the public health law, as 14 amended by chapter 490 of the laws of 2019, is amended to read as 15 follows: 16 3. A candidate who fails to attain a passing grade on his or her 17 licensing examination is entitled to a maximum of three re-examinations; 18 provided, however, that if such candidate fails to attain a passing 19 grade within three years after completion of his or her training, he or 20 she must requalify in accordance with the provisions of the public 21 health law and rules and regulations promulgated thereunder existing and 22 in force as of the date of subsequent application for licensing examina- 23 tion, except that a satisfactorily completed required course of study 24 need not be recompleted. A candidate inducted into the armed forces of 25 the United States during or after completion of training may (a) after 26 honorable discharge or (b) after a discharge other than bad conduct or 27 dishonorable where the candidate (i) has a qualifying condition, as 28 defined in section [three hundred fifty] one of the [executive] veter- 29 ans' services law, or (ii) is a discharged LGBT veteran, as defined in 30 section [three hundred fifty] one of the [executive] veterans' services 31 law, and upon proper application as required by the department be eligi- 32 ble for an exemption with respect to time served in such service. 33 § 80. Section 63 of the public officers law, as amended by chapter 490 34 of the laws of 2019, is amended to read as follows: 35 § 63. Leave of absence for veterans on Memorial day and Veterans' day. 36 It shall be the duty of the head of every public department and of every 37 court of the state of New York, of every superintendent or foreman on 38 the public works of said state, of the county officers of the several 39 counties of said state, of the town officers of the various towns in 40 this state, of the fire district officers of the various fire districts 41 in this state, and of the head of every department, bureau and office in 42 the government of the various cities and villages in this state, and the 43 officers of any public benefit corporation or any public authority of 44 this state, or of any public benefit corporation or public authority of 45 any county or subdivision of this state, to give leave of absence with 46 pay for twenty-four hours on the day prescribed by law as a public holi- 47 day for the observance of Memorial day and on the eleventh day of Novem- 48 ber, known as Veterans' day, to every person in the service of the 49 state, the county, the town, the fire district, the city or village, the 50 public benefit corporation or public authority of this state, or any 51 public benefit corporation or public authority of any county or subdivi- 52 sion of this state, as the case may be, (i) who served on active duty in 53 the armed forces of the United States during world war I or world war 54 II, or who was employed by the War Shipping Administration or Office of 55 Defense Transportation or their agents as a merchant seaman documented 56 by the United States Coast Guard or Department of Commerce, or as aA. 8294 79 1 civil servant employed by the United States Army Transport Service 2 (later redesignated as the United States Army Transportation Corps, 3 Water Division) or the Naval Transportation Service; and who served 4 satisfactorily as a crew member during the period of armed conflict, 5 December seventh, nineteen hundred forty-one, to August fifteenth, nine- 6 teen hundred forty-five, aboard merchant vessels in oceangoing, i.e., 7 foreign, intercoastal, or coastwise service as such terms are defined 8 under federal law (46 USCA 10301 & 10501) and further to include "near 9 foreign" voyages between the United States and Canada, Mexico, or the 10 West Indies via ocean routes, or public vessels in oceangoing service or 11 foreign waters and who has received a Certificate of Release or 12 Discharge from Active Duty and a discharge certificate, or an Honorable 13 Service Certificate/Report of Casualty, from the Department of Defense, 14 or who served as a United States civilian employed by the American Field 15 Service and served overseas under United States Armies and United States 16 Army Groups in world war II during the period of armed conflict, Decem- 17 ber seventh, nineteen hundred forty-one through May eighth, nineteen 18 hundred forty-five, and who (a) was discharged or released therefrom 19 under honorable conditions, or (b) has a qualifying condition, as 20 defined in section [three hundred fifty] one of the [executive] veter- 21 ans' services law, and has received a discharge other than bad conduct 22 or dishonorable from such service, or (c) is a discharged LGBT veteran, 23 as defined in section [three hundred fifty] one of the [executive] 24 veterans' services law, and has received a discharge other than bad 25 conduct or dishonorable from such service or who served as a United 26 States civilian Flight Crew and Aviation Ground Support Employee of Pan 27 American World Airways or one of its subsidiaries or its affiliates and 28 served overseas as a result of Pan American's contract with Air Trans- 29 port Command or Naval Air Transport Service during the period of armed 30 conflict, December fourteenth, nineteen hundred forty-one through August 31 fourteenth, nineteen hundred forty-five, and who (d) was discharged or 32 released therefrom under honorable conditions, or (e) has a qualifying 33 condition, as defined in section [three hundred fifty] one of the [exec-34utive] veterans' services law, and has received a discharge other than 35 bad conduct or dishonorable from such service, or (f) is a discharged 36 LGBT veteran, as defined in section [three hundred fifty] one of the 37 [executive] veterans' services law, and has received a discharge other 38 than bad conduct or dishonorable from such service or during the period 39 of the Korean conflict at any time between the dates of June twenty-sev- 40 enth, nineteen hundred fifty and January thirty-first, nineteen hundred 41 fifty-five, or during the period of the Vietnam conflict from the twen- 42 ty-eighth day of February, nineteen hundred sixty-one to the seventh day 43 of May, nineteen hundred seventy-five, or (ii) who served on active duty 44 in the armed forces of the United States and who was a recipient of the 45 armed forces expeditionary medal, navy expeditionary medal or marine 46 corps expeditionary medal for participation in operations in Lebanon 47 from June first, nineteen hundred eighty-three to December first, nine- 48 teen hundred eighty-seven, in Grenada from October twenty-third, nine- 49 teen hundred eighty-three to November twenty-first, nineteen hundred 50 eighty-three, or in Panama from December twentieth, nineteen hundred 51 eighty-nine to January thirty-first, nineteen hundred ninety, or (iii) 52 who served in the armed forces of a foreign country allied with the 53 United States during world war I or world war II, or during the period 54 of the Korean conflict at any time between June twenty-seventh, nineteen 55 hundred fifty and January thirty-first, nineteen hundred fifty-five, or 56 during the period of the Vietnam conflict from the twenty-eighth day ofA. 8294 80 1 February, nineteen hundred sixty-one to the seventh day of May, nineteen 2 hundred seventy-five, or during the period of the Persian Gulf conflict 3 from the second day of August, nineteen hundred ninety to the end of 4 such conflict, or who served on active duty in the army or navy or 5 marine corps or air force or coast guard of the United States, and who 6 (a) was honorably discharged or separated from such service under honor- 7 able conditions, or (b) has a qualifying condition, as defined in 8 section [three hundred fifty] one of the [executive] veterans' services 9 law, and has received a discharge other than bad conduct or dishonorable 10 from such service, or (c) is a discharged LGBT veteran, as defined in 11 section [three hundred fifty] one of the [executive] veterans' services 12 law, and has received a discharge other than bad conduct or dishonorable 13 from such service except where such action would endanger the public 14 safety or the safety or health of persons cared for by the state, in 15 which event such persons shall be entitled to leave of absence with pay 16 on another day in lieu thereof. All such persons who are compensated on 17 a per diem, hourly, semi-monthly or monthly basis, with or without main- 18 tenance, shall also be entitled to leave of absence with pay under the 19 provisions of this section and no deduction in vacation allowance or 20 budgetary allowable number of working days shall be made in lieu there- 21 of. A refusal to give such leave of absence to one entitled thereto 22 shall be neglect of duty. 23 § 81. Subdivision 3 of section 1271 of the private housing finance 24 law, as amended by chapter 490 of the laws of 2019, is amended to read 25 as follows: 26 3. "Veteran" shall mean a resident of this state who (a) has served in 27 the United States army, navy, marine corps, air force or coast guard or 28 (b) has served on active duty or ordered to active duty as defined in 10 29 USC 101 (d)(1) as a member of the national guard or other reserve compo- 30 nent of the armed forces of the United States or (c) has served on 31 active duty or ordered to active duty for the state, as a member of the 32 state organized militia as defined in subdivision nine of section one of 33 the military law, and has been released from such service documented by 34 an honorable or general discharge, or has a qualifying condition, as 35 defined in section [three hundred fifty] one of the [executive] veter- 36 ans' services law, and has received a discharge other than bad conduct 37 or dishonorable from such service, or is a discharged LGBT veteran, as 38 defined in section [three hundred fifty] one of the [executive] veter- 39 ans' services law, and has received a discharge other than bad conduct 40 or dishonorable from such service. 41 § 82. Subdivisions 2 and 4-a of section 458 of the real property tax 42 law, as amended by chapter 490 of the laws of 2019, are amended to read 43 as follows: 44 2. Real property purchased with moneys collected by popular 45 subscription in partial recognition of extraordinary services rendered 46 by any veteran of world war one, world war two, or of the hostilities 47 which commenced June twenty-seventh, nineteen hundred fifty, who (a) was 48 honorably discharged from such service, or (b) has a qualifying condi- 49 tion, as defined in section [three hundred fifty] one of the [executive] 50 veterans' services law, and has received a discharge other than bad 51 conduct or dishonorable from such service, or (c) is a discharged LGBT 52 veteran, as defined in section [three hundred fifty] one of the [execu-53tive] veterans' services law, and has received a discharge other than 54 bad conduct or dishonorable from such service, and who sustained perma- 55 nent disability while on military duty, either total or partial, and 56 owned by the person who sustained such injuries, or by his or her spouseA. 8294 81 1 or unremarried surviving spouse, or dependent father or mother, is 2 subject to taxation as herein provided. Such property shall be assessed 3 in the same manner as other real property in the tax district. At the 4 meeting of the assessors to hear complaints concerning the assessments, 5 a verified application for the exemption of such real property from 6 taxation may be presented to them by or on behalf of the owner thereof, 7 which application must show the facts on which the exemption is claimed, 8 including the amount of moneys so raised and used in or toward the 9 purchase of such property. No exemption on account of any such gift 10 shall be allowed in excess of five thousand dollars. The application for 11 exemption shall be presented and action thereon taken in the manner 12 provided by subdivision one of this section. If no application for 13 exemption be granted, the property shall be subject to taxation for all 14 purposes. The provisions herein, relating to the assessment and 15 exemption of property purchased with moneys raised by popular 16 subscription, apply and shall be enforced in each municipal corporation 17 authorized to levy taxes. 18 4-a. For the purposes of this section, the term "military or naval 19 services" shall be deemed to also include service: (a) by a person who 20 was employed by the War Shipping Administration or Office of Defense 21 Transportation or their agents as a merchant seaman documented by the 22 United States Coast Guard or Department of Commerce, or as a civil serv- 23 ant employed by the United States Army Transport Service (later redesig- 24 nated as the United States Army Transportation Corps, Water Division) or 25 the Naval Transportation Service; and who served satisfactorily as a 26 crew member during the period of armed conflict, December seventh, nine- 27 teen hundred forty-one, to August fifteenth, nineteen hundred forty- 28 five, aboard merchant vessels in oceangoing, i.e., foreign, inter- 29 coastal, or coastwise service as such terms are defined under federal 30 law (46 USCA 10301 & 10501) and further to include "near foreign" 31 voyages between the United States and Canada, Mexico, or the West Indies 32 via ocean routes, or public vessels in oceangoing service or foreign 33 waters and who has received a Certificate of Release or Discharge from 34 Active Duty and a discharge certificate, or an Honorable Service 35 Certificate/Report of Casualty, from the department of defense; (b) 36 service by a United States civilian employed by the American Field 37 Service who served overseas under United States Armies and United States 38 Army Groups in world war II during the period of armed conflict, Decem- 39 ber seventh, nineteen hundred forty-one through May eighth, nineteen 40 hundred forty-five, and who (i) was discharged or released therefrom 41 under honorable conditions, or (ii) has a qualifying condition, as 42 defined in section [three hundred fifty] one of the [executive] veter- 43 ans' services law, and has received a discharge other than bad conduct 44 or dishonorable from such service, or (iii) is a discharged LGBT veter- 45 an, as defined in section [three hundred fifty] one of the [executive] 46 veterans' services law, and has received a discharge other than bad 47 conduct or dishonorable from such service; or (c) service by a United 48 States civilian Flight Crew and Aviation Ground Support Employee of Pan 49 American World Airways or one of its subsidiaries or its affiliates who 50 served overseas as a result of Pan American's contract with Air Trans- 51 port Command or Naval Air Transport Service during the period of armed 52 conflict, December fourteenth, nineteen hundred forty-one through August 53 fourteenth, nineteen hundred forty-five, and who (i) was discharged or 54 released therefrom under honorable conditions, or (ii) has a qualifying 55 condition, as defined in section [three hundred fifty] one of the [exec-56utive] veterans' services law, and has received a discharge other thanA. 8294 82 1 bad conduct or dishonorable from such service, or (iii) is a discharged 2 LGBT veteran, as defined in section [three hundred fifty] one of the 3 [executive] veterans' services law, and has received a discharge other 4 than bad conduct or dishonorable from such service. 5 § 83. Paragraph (e) of subdivision 1 and subdivisions 9 and 10 of 6 section 458-a of the real property tax law, paragraph (e) of subdivision 7 1 and subdivision 10 as amended by chapter 490 of the laws of 2019, 8 subdivision 9 as amended by section 36 of part AA of chapter 56 of the 9 laws of 2019, are amended to read as follows: 10 (e) "Veteran" means a person (i) who served in the active military, 11 naval, or air service during a period of war, or who was a recipient of 12 the armed forces expeditionary medal, navy expeditionary medal, marine 13 corps expeditionary medal, or global war on terrorism expeditionary 14 medal, and who (1) was discharged or released therefrom under honorable 15 conditions, or (2) has a qualifying condition, as defined in section 16 [three hundred fifty] one of the [executive] veterans' services law, and 17 has received a discharge other than bad conduct or dishonorable from 18 such service, or (3) is a discharged LGBT veteran, as defined in section 19 [three hundred fifty] one of the [executive] veterans' services law, and 20 has received a discharge other than bad conduct or dishonorable from 21 such service, (ii) who was employed by the War Shipping Administration 22 or Office of Defense Transportation or their agents as a merchant seaman 23 documented by the United States Coast Guard or Department of Commerce, 24 or as a civil servant employed by the United States Army Transport 25 Service (later redesignated as the United States Army Transportation 26 Corps, Water Division) or the Naval Transportation Service; and who 27 served satisfactorily as a crew member during the period of armed 28 conflict, December seventh, nineteen hundred forty-one, to August 29 fifteenth, nineteen hundred forty-five, aboard merchant vessels in 30 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, (iii) who served as a United States civilian employed by the 38 American Field Service and served overseas under United States Armies 39 and United States Army Groups in world war II during the period of armed 40 conflict, December seventh, nineteen hundred forty-one through May 41 eighth, nineteen hundred forty-five, and who (1) was discharged or 42 released therefrom under honorable conditions, or (2) has a qualifying 43 condition, as defined in section [three hundred fifty] one of the [exec-44utive] veterans' services law, and has received a discharge other than 45 bad conduct or dishonorable from such service, or (3) is a discharged 46 LGBT veteran, as defined in section [three hundred fifty] one of the 47 [executive] veterans' services law, and has received a discharge other 48 than bad conduct or dishonorable from such service, (iv) who served as a 49 United States civilian Flight Crew and Aviation Ground Support Employee 50 of Pan American World Airways or one of its subsidiaries or its affil- 51 iates and served overseas as a result of Pan American's contract with 52 Air Transport Command or Naval Air Transport Service during the period 53 of armed conflict, December fourteenth, nineteen hundred forty-one 54 through August fourteenth, nineteen hundred forty-five, and who (1) was 55 discharged or released therefrom under honorable conditions, or (2) has 56 a qualifying condition, as defined in section [three hundred fifty] oneA. 8294 83 1 of the [executive] veterans' services law, and has received a discharge 2 other than bad conduct or dishonorable from such service, or (3) is a 3 discharged LGBT veteran, as defined in section [three hundred fifty] one 4 of the [executive] veterans' services law, and has received a discharge 5 other than bad conduct or dishonorable from such service, or (v) 6 notwithstanding any other provision of law to the contrary, who are 7 members of the reserve components of the armed forces of the United 8 States who (1) received an honorable discharge or release therefrom 9 under honorable conditions, or (2) has a qualifying condition, as 10 defined in section [three hundred fifty] one of the [executive] veter- 11 ans' services law, and has received a discharge other than bad conduct 12 or dishonorable from such service, or (3) is a discharged LGBT veteran, 13 as defined in section [three hundred fifty] one of the [executive] 14 veterans' services law, and has received a discharge other than bad 15 conduct or dishonorable from such service, but are still members of the 16 reserve components of the armed forces of the United States provided 17 that such members meet all other qualifications under the provisions of 18 this section. 19 9. The commissioner shall develop in consultation with the [director] 20 commissioner of the New York state [division] department of veterans' 21 services a listing of documents to be used to establish eligibility 22 under this section, including but not limited to a certificate of 23 release or discharge from active duty also known as a DD-214 form or an 24 Honorable Service Certificate/Report of [Causality] Casualty from the 25 department of defense. Such information shall be made available to each 26 county, city, town or village assessor's office, or congressional char- 27 tered veterans service officers who request such information. The list- 28 ing of acceptable military records shall be made available on the inter- 29 net websites of the [division] department of veterans' services and the 30 office of real property tax services. 31 10. A county, city, town, village or school district may adopt a local 32 law or resolution to include those military personnel who served in the 33 Reserve component of the United States Armed Forces that were deemed on 34 active duty under Executive Order 11519 signed March twenty-third, nine- 35 teen hundred seventy, 35 Federal Register 5003, dated March twenty- 36 fourth, nineteen hundred seventy and later designated by the United 37 States Department of Defense as Operation Graphic Hand, if such member 38 (1) was discharged or released therefrom under honorable conditions, or 39 (2) has a qualifying condition, as defined in section [three hundred40fifty] one of the [executive] veterans' services law, and has received a 41 discharge other than bad conduct or dishonorable from such service, or 42 (3) is a discharged LGBT veteran, as defined in section [three hundred43fifty] one of the [executive] veterans' services law, and has received a 44 discharge other than bad conduct or dishonorable from such service, 45 provided that such veteran meets all other qualifications of this 46 section. 47 § 84. Paragraph (a) of subdivision 1 and subdivision 8 of section 48 458-b of the real property tax law, paragraph (a) of subdivision 1 as 49 amended by chapter 490 of the laws of 2019, subdivision 8 as amended by 50 section 37 of part AA of chapter 56 of the laws of 2019, are amended to 51 read as follows: 52 (a) "Cold War veteran" means a person, male or female, who served on 53 active duty in the United States armed forces, during the time period 54 from September second, nineteen hundred forty-five to December twenty- 55 sixth, nineteen hundred ninety-one, and (i) was discharged or released 56 therefrom under honorable conditions, or (ii) has a qualifying condi-A. 8294 84 1 tion, as defined in section [three hundred fifty] one of the [executive] 2 veterans' services law, and has received a discharge other than bad 3 conduct or dishonorable from such service, or (iii) is a discharged LGBT 4 veteran, as defined in section [three hundred fifty] one of the [execu-5tive] veterans' services law, and has received a discharge other than 6 bad conduct or dishonorable from such service. 7 8. The commissioner shall develop in consultation with the [director] 8 commissioner of the New York state [division] department of veterans' 9 services a listing of documents to be used to establish eligibility 10 under this section, including but not limited to a certificate of 11 release or discharge from active duty also known as a DD-214 form or an 12 Honorable Service Certificate/Report of [Causality] Casualty from the 13 department of defense. Such information shall be made available to each 14 county, city, town or village assessor's office, or congressional char- 15 tered veterans service officers who request such information. The list- 16 ing of acceptable military records shall be made available on the inter- 17 net websites of the [division] department of veterans' services and the 18 office of real property tax services. 19 § 85. Subparagraph (v) of paragraph (a) of subdivision 1 of section 20 122 of the social services law, as amended by chapter 490 of the laws of 21 2019, is amended to read as follows: 22 (v) any alien lawfully residing in the state who is on active duty in 23 the armed forces (other than active duty for training) or who (1) has 24 received an honorable discharge (and not on account of alienage) from 25 the armed forces, or (2) has a qualifying condition, as defined in 26 section [three hundred fifty] one of the [executive] veterans' services 27 law, and has received a discharge other than bad conduct or dishonorable 28 (and not on account of alienage) from the armed forces, or (3) is a 29 discharged LGBT veteran, as defined in section [three hundred fifty] one 30 of the [executive] veterans' services law, and has received a discharge 31 other than bad conduct or dishonorable (and not on account of alienage) 32 from the armed forces, or the spouse, unremarried surviving spouse or 33 unmarried dependent child of any such alien, if such alien, spouse or 34 dependent child is a qualified alien as defined in section 431 of the 35 federal personal responsibility and work opportunity reconciliation act 36 of 1996 (8 U.S. Code 1641), as amended; 37 § 86. Subdivision 1 and paragraph 5 of subdivision 2 of section 168 of 38 the social services law, as amended by chapter 490 of the laws of 2019, 39 are amended to read as follows: 40 1. Veteran means a person, male or female, who has served in the armed 41 forces of the United States in time of war, or who was a recipient of 42 the armed forces expeditionary medal, navy expeditionary medal or marine 43 corps expeditionary medal for participation in operations in Lebanon 44 from June first, nineteen hundred eighty-three to December first, nine- 45 teen hundred eighty-seven, in Grenada from October twenty-third, nine- 46 teen hundred eighty-three to November twenty-first, nineteen hundred 47 eighty-three, or in Panama from December twentieth, nineteen hundred 48 eighty-nine to January thirty-first, nineteen hundred ninety, and who 49 (1) has been honorably discharged or released under honorable circum- 50 stances from such service or furloughed to the reserve, or (2) has a 51 qualifying condition, as defined in section [three hundred fifty] one of 52 the [executive] veterans' services law, and has received a discharge 53 other than bad conduct or dishonorable from such service, or (3) is a 54 discharged LGBT veteran, as defined in section [three hundred fifty] one 55 of the [executive] veterans' services law, and has received a discharge 56 other than bad conduct or dishonorable from such service.A. 8294 85 1 (5) World war II; from the seventh day of December, nineteen hundred 2 forty-one to and including the thirty-first day of December, nineteen 3 hundred forty-six, or who was employed by the War Shipping Adminis- 4 tration or Office of Defense Transportation or their agents as a 5 merchant seaman documented by the United States Coast Guard or Depart- 6 ment of Commerce, or as a civil servant employed by the United States 7 Army Transport Service (later redesignated as the United States Army 8 Transportation Corps, Water Division) or the Naval Transportation 9 Service; and who served satisfactorily as a crew member during the peri- 10 od of armed conflict, December seventh, nineteen hundred forty-one, to 11 August fifteenth, nineteen hundred forty-five, aboard merchant vessels 12 in oceangoing, i.e., foreign, intercoastal, or coastwise service as such 13 terms are defined under federal law (46 USCA 10301 & 10501) and further 14 to include "near foreign" voyages between the United States and Canada, 15 Mexico, or the West Indies via ocean routes, or public vessels in ocean- 16 going service or foreign waters and who has received a Certificate of 17 Release or Discharge from Active Duty and a discharge certificate, or an 18 Honorable Service Certificate/Report of Casualty, from the Department of 19 Defense or who served as a United States civilian employed by the Ameri- 20 can Field Service and served overseas under United States Armies and 21 United States Army Groups in world war II during the period of armed 22 conflict, December seventh, nineteen hundred forty-one through May 23 eighth, nineteen hundred forty-five, and who (i) was discharged or 24 released therefrom under honorable conditions, or (ii) has a qualifying 25 condition, as defined in section [three hundred fifty] one of the [exec-26utive] veterans' services law, and has received a discharge other than 27 bad conduct or dishonorable from such service, or (iii) is a discharged 28 LGBT veteran, as defined in section [three hundred fifty] one of the 29 [executive] veterans' services law, and has received a discharge other 30 than bad conduct or dishonorable from such service, or who served as a 31 United States civilian Flight Crew and Aviation Ground Support Employee 32 of Pan American World Airways or one of its subsidiaries or its affil- 33 iates and served overseas as a result of Pan American's contract with 34 Air Transport Command or Naval Air Transport Service during the period 35 of armed conflict, December fourteenth, nineteen hundred forty-one 36 through August fourteenth, nineteen hundred forty-five, and who (iv) was 37 discharged or released therefrom under honorable conditions, or (v) has 38 a qualifying condition, as defined in section [three hundred fifty] one 39 of the [executive] veterans' services law, and has received a discharge 40 other than bad conduct or dishonorable from such service, or (vi) is a 41 discharged LGBT veteran, as defined in section [three hundred fifty] one 42 of the [executive] veterans' services law, and has received a discharge 43 other than bad conduct or dishonorable from such service. 44 § 87. Subparagraph 1 of paragraph (b) of subdivision 29 of section 45 210-B of the tax law, as amended by chapter 490 of the laws of 2019, is 46 amended to read as follows: 47 (1) who served on active duty in the United States army, navy, air 48 force, marine corps, coast guard or the reserves thereof, or who served 49 in active military service of the United States as a member of the army 50 national guard, air national guard, New York guard or New York naval 51 militia; who (i) was released from active duty by general or honorable 52 discharge after September eleventh, two thousand one, or (ii) has a 53 qualifying condition, as defined in section [three hundred fifty] one of 54 the [executive] veterans' services law, and has received a discharge 55 other than bad conduct or dishonorable from such service after September 56 eleventh, two thousand one, or (iii) is a discharged LGBT veteran, asA. 8294 86 1 defined in section [three hundred fifty] one of the [executive] veter- 2 ans' services law, and has received a discharge other than bad conduct 3 or dishonorable from such service after September eleventh, two thousand 4 one; 5 § 88. Subparagraph (A) of paragraph 2 of subdivision (a-2) of section 6 606 of the tax law, as amended by chapter 490 of the laws of 2019, is 7 amended to read as follows: 8 (A) who served on active duty in the United States army, navy, air 9 force, marine corps, coast guard or the reserves thereof, or who served 10 in active military service of the United States as a member of the army 11 national guard, air national guard, New York guard or New York naval 12 militia; who (i) was released from active duty by general or honorable 13 discharge after September eleventh, two thousand one, or (ii) has a 14 qualifying condition, as defined in section [three hundred fifty] one of 15 the [executive] veterans' services law, and has received a discharge 16 other than bad conduct or dishonorable from such service after September 17 eleventh, two thousand one, or (iii) is a discharged LGBT veteran, as 18 defined in section [three hundred fifty] one of the [executive] veter- 19 ans' services law, and has received a discharge other than bad conduct 20 or dishonorable from such service after September eleventh, two thousand 21 one; 22 § 89. Paragraph 18-a of subdivision (a) of section 1115 of the tax 23 law, as added by chapter 478 of the laws of 2016, is amended to read as 24 follows: 25 (18-a) Tangible personal property manufactured and sold by a veteran, 26 as defined in section [three hundred sixty-four] twenty-two of the 27 [executive] veterans' services law, for the benefit of a veteran's 28 service organization, provided that such person or any member of his or 29 her household does not conduct a trade or business in which similar 30 items are sold, the first two thousand five hundred dollars of receipts 31 from such sales in a calendar year. 32 § 90. Subparagraph (A) of paragraph 2 of subdivision (g-1) of section 33 1511 of the tax law, as amended by chapter 490 of the laws of 2019, is 34 amended to read as follows: 35 (A) who served on active duty in the United States army, navy, air 36 force, marine corps, coast guard or the reserves thereof, or who served 37 in active military service of the United States as a member of the army 38 national guard, air national guard, New York guard or New York naval 39 militia; who (i) was released from active duty by general or honorable 40 discharge after September eleventh, two thousand one, or (ii) has a 41 qualifying condition, as defined in section [three hundred fifty] one of 42 the [executive] veterans' services law, and has received a discharge 43 other than bad conduct or dishonorable from such service after September 44 eleventh, two thousand one, or (iii) is a discharged LGBT veteran, as 45 defined in section [three hundred fifty] one of the [executive] veter- 46 ans' services law, and has received a discharge other than bad conduct 47 or dishonorable from such service after September eleventh, two thousand 48 one; 49 § 91. Section 295 of the town law, as amended by chapter 490 of the 50 laws of 2019, is amended to read as follows: 51 § 295. Removal of remains of deceased members of armed forces. Upon a 52 verified petition presented to a judge of a court of record by any armed 53 forces' organization in any town or city in this state by a majority of 54 its officers, or a majority of any memorial committee in any town or 55 city where there are two or more veteran armed forces' organizations, or 56 in towns or cities where there are no veteran armed forces' organiza-A. 8294 87 1 tions, upon the petition of five or more veterans of the armed forces, 2 the judge to whom said verified petition is presented shall make an 3 order to show cause, returnable before him or her at a time and place 4 within the county in not less than fourteen or more than twenty days 5 from the date of presentation of said petition, why the remains of any 6 deceased members of the armed forces buried in potter's field, or in any 7 neglected or abandoned cemeteries, should not be removed to and rein- 8 terred in a properly kept incorporated cemetery in the same town or city 9 or in a town adjoining the town or city in which the remains of a 10 deceased member of the armed forces are buried, and to fix the amount of 11 the expenses for such removal and reinterment, and the order to show 12 cause shall provide for its publication in a newspaper, to be designated 13 in the order, which is published nearest to the cemetery from which the 14 removal is sought to be made, once in each week for two successive 15 weeks. The verified petition presented to the judge shall show that the 16 petitioners are a majority of the officers of a veteran armed forces 17 organization, or a majority of a memorial committee in towns or cities 18 where two or more veteran armed forces organizations exist, or that the 19 petitioners are honorably discharged veterans of the armed forces in 20 towns or cities where no veteran armed forces organization exists, or 21 that the petitioners have a qualifying condition, as defined in section 22 [three hundred fifty] one of the [executive] veterans' services law, and 23 received a discharge other than bad conduct or dishonorable from such 24 service and are in towns or cities where no veteran armed forces organ- 25 izations exist, or that the petitioners are discharged LGBT veterans, as 26 defined in section [three hundred fifty] one of the [executive] veter- 27 ans' services law, and received a discharge other than bad conduct or 28 dishonorable from such service and are in towns and cities where no 29 veteran armed forces organizations exist, and (1) the name of the 30 deceased member or members of the armed forces, whose remains are sought 31 to be removed, and if known the unit in which he, she or they served; 32 (2) the name and location of the cemetery in which he or she is interred 33 and from which removal is asked to be made; (3) the name and location of 34 the incorporated cemetery to which the remains are desired to be removed 35 and reinterred; (4) the facts showing the reasons for such removal. Upon 36 the return day of the order to show cause and at the time and place 37 fixed in said order, upon filing proof of publication of the order to 38 show cause with the judge, if no objection is made thereto, he or she 39 shall make an order directing the removal of the remains of said 40 deceased member or members of the armed forces to the cemetery desig- 41 nated in the petition within the town or city or within a town adjoining 42 the town or city in which the remains are then buried and shall specify 43 in the order the amount of the expenses of such removal, which expenses 44 of removal and reinterment, including the expense of the proceeding 45 under this section, shall be a charge upon the county in which the town 46 or city is situated from which the removal is made and such expenses 47 shall be a county charge and audited by the board of supervisors of the 48 county and paid in the same manner as other county charges. On and after 49 the removal and reinterment of the remains of the deceased member or 50 members of the armed forces in the armed forces' plot, the expenses for 51 annual care of the grave in the armed forces' burial plot to which the 52 removal is made shall be annually provided by the town or city in which 53 the remains were originally buried, at the rate of not to exceed twenty 54 dollars per grave, and shall be paid annually to the incorporated ceme- 55 tery association to which the remains of each deceased member of the 56 armed forces may be removed and reinterred. The petition and order shallA. 8294 88 1 be filed in the county clerk's office of the county in which the remains 2 of the deceased member of the armed forces were originally interred, and 3 the service of a certified copy of the final order upon the cemetery 4 association shall be made prior to any removal. Any relative of the 5 deceased member or members of the armed forces, or the officer of any 6 cemetery association in which the remains of the deceased member or 7 members of the armed forces were originally interred, or the authorities 8 of the county in which the member or members of the armed forces were 9 originally buried, may oppose the granting of said order and the judge 10 shall summarily hear the statement of the parties and make such order as 11 the justice and equity of the application shall require. Any headstone 12 or monument which marks the grave of the deceased member of the armed 13 forces shall be removed and reset at the grave in the cemetery in which 14 the removal is permitted to be made and in each case the final order 15 shall provide the amount of the expenses of such removals and reinter- 16 ment and resetting of the headstone or monument, including the expenses 17 of the proceedings under this section; except that where provision is 18 otherwise made for the purchase or erection of a new headstone, monument 19 or marker at the grave in the cemetery to which such removal is permit- 20 ted, such old headstone or monument need not be so removed and reset, in 21 which case such final order shall not provide for the expense of reset- 22 ting. The order shall designate the person or persons having charge of 23 the removals and reinterments. Upon completion of the removal, reinter- 24 ment and resetting of the headstones or monuments, the person or persons 25 having charge of the same shall make a verified report of the removal, 26 reinterment and resetting of the headstone or monument and file the 27 report in the clerk's office of the proper county. The words "member of 28 the armed forces" shall be construed to mean a member of the armed forc- 29 es who served in the armed forces of the United States and who (5) was 30 honorably discharged from such service, or (6) has a qualifying condi- 31 tion, as defined in section [three hundred fifty] one of the [executive] 32 veterans' services law, and has received a discharge other than bad 33 conduct or dishonorable from such service, or (7) is a discharged LGBT 34 veteran, as defined in section [three hundred fifty] one of the [execu-35tive] veterans' services law, and has received a discharge other than 36 bad conduct or dishonorable from such service, and the words "armed 37 forces plot" shall be construed to mean a plot of land in any incorpo- 38 rated cemetery set apart to be exclusively used as a place for interring 39 the remains of deceased veterans of the armed forces of the United 40 States. 41 § 92. Subdivision 2 of section 404-v of the vehicle and traffic law, 42 as amended by chapter 490 of the laws of 2019, is amended to read as 43 follows: 44 2. The distinctive plate authorized pursuant to this section shall be 45 issued upon proof, satisfactory to the commissioner, that the applicant 46 is a veteran who served in the United States Naval Armed Guard and who 47 (1) was honorably discharged from such service, or (2) has a qualifying 48 condition, as defined in section [three hundred fifty] one of the [exec-49utive] veterans' services law, and has received a discharge other than 50 bad conduct or dishonorable from such service, or (3) is a discharged 51 LGBT veteran, as defined in section [three hundred fifty] one of the 52 [executive] veterans' services law, and has received a discharge other 53 than bad conduct or dishonorable from such service. 54 § 93. Subdivision 3 of section 404-v of the vehicle and traffic law, 55 as amended by section 19 of part AA of chapter 56 of the laws of 2019, 56 is amended to read as follows:A. 8294 89 1 3. A distinctive plate issued pursuant to this section shall be issued 2 in the same manner as other number plates upon the payment of the regu- 3 lar registration fee prescribed by section four hundred one of this 4 article, provided, however, that an additional annual service charge of 5 fifteen dollars shall be charged for such plate. Such annual service 6 charge shall be deposited to the credit of the Eighth Air Force Histor- 7 ical Society fund established pursuant to section ninety-five-f of the 8 state finance law and shall be used for veterans' counseling services 9 provided by local veterans' service agencies pursuant to section [three10hundred fifty-seven] fourteen of the [executive] veterans' services law 11 under the direction of the [division] department of veterans' services. 12 Provided, however, that one year after the effective date of this 13 section funds in the amount of five thousand dollars, or so much thereof 14 as may be available, shall be allocated to the department to offset 15 costs associated with the production of such license plates. 16 § 94. Paragraphs (a) and (b) of subdivision 1 of section 404-w of the 17 vehicle and traffic law, as amended by chapter 490 of the laws of 2019, 18 are amended to read as follows: 19 (a) a person who served in the armed forces of the United States in 20 the hostilities that occurred in the Persian Gulf from the eleventh day 21 of September, two thousand one, to the end of such hostilities, who (i) 22 was discharged therefrom under other than dishonorable conditions, or 23 (ii) has a qualifying condition, as defined in section [three hundred24fifty] one of the [executive] veterans' services law, and has received a 25 discharge other than bad conduct or dishonorable from such service, or 26 (iii) is a discharged LGBT veteran, as defined in section [three hundred27fifty] one of the [executive] veterans' services law, and has received a 28 discharge other than bad conduct or dishonorable from such service; or 29 (b) a person who served in the armed forces of the United States in 30 the hostilities that occurred in Afghanistan from the eleventh day of 31 September, two thousand one, to the end of such hostilities, who (i) was 32 discharged therefrom under other than dishonorable conditions, or (ii) 33 has a qualifying condition, as defined in section [three hundred fifty] 34 one of the [executive] veterans' services law, and has received a 35 discharge other than bad conduct or dishonorable from such service, or 36 (iii) is a discharged LGBT veteran, as defined in section [three hundred37fifty] one of the [executive] veterans' services law, and has received a 38 discharge other than bad conduct or dishonorable from such service. 39 § 95. Subdivision 3 of section 404-w of the vehicle and traffic law, 40 as amended by chapter 490 of the laws of 2019, is amended to read as 41 follows: 42 3. For the purposes of this section, "Persian Gulf veteran" shall mean 43 a person who is a resident of this state, who served in the armed forces 44 of the United States in the hostilities that occurred in the Persian 45 Gulf from the second day of August, nineteen hundred ninety to the end 46 of such hostilities, and was (a) honorably discharged from the military, 47 or (b) has a qualifying condition, as defined in section [three hundred48fifty] one of the [executive] veterans' services law, and has received a 49 discharge other than bad conduct or dishonorable from such service, or 50 (c) is a discharged LGBT veteran, as defined in section [three hundred51fifty] one of the [executive] veterans' services law, and has received a 52 discharge other than bad conduct or dishonorable from such service. 53 § 96. Paragraphs (a) and (b) of subdivision 3 of section 404-y of the 54 vehicle and traffic law, as amended by chapter 490 of the laws of 2019, 55 are amended to read as follows:A. 8294 90 1 (a) "Veteran of the Iraq War" shall mean a person who is a resident of 2 this state, who served in the armed forces of the United States in the 3 hostilities that occurred in Iraq from the sixteenth day of October, two 4 thousand two to the end of such hostilities who (i) was discharged ther- 5 efrom under other than dishonorable conditions or (ii) has a qualifying 6 condition, as defined in section [three hundred fifty] one of the [exec-7utive] veterans' services law, and has received a discharge other than 8 bad conduct or dishonorable from such service, or (iii) is a discharged 9 LGBT veteran, as defined in section [three hundred fifty] one of the 10 [executive] veterans' services law, and has received a discharge other 11 than bad conduct or dishonorable from such service; and 12 (b) "Veteran of the Afghanistan War" shall mean a person who is a 13 resident of this state, who served in the armed forces of the United 14 States in the hostilities that occurred in Afghanistan from the seventh 15 day of October, two thousand one to the end of such hostilities who (i) 16 was discharged therefrom under other than dishonorable conditions or 17 (ii) has a qualifying condition, as defined in section [three hundred18fifty] one of the [executive] veterans' services law, and has received a 19 discharge other than bad conduct or dishonorable from such service, or 20 (iii) is a discharged LGBT veteran, as defined in section [three hundred21fifty] one of the [executive] veterans' services law, and has received a 22 discharge other than bad conduct or dishonorable from such service. 23 § 97. Paragraph (b) of subdivision 3 of section 490 of the vehicle and 24 traffic law, as amended by chapter 490 of the laws of 2019, is amended 25 to read as follows: 26 (b) The identification card shall contain a distinguishing number or 27 mark and adequate space upon which an anatomical gift, pursuant to arti- 28 cle forty-three of the public health law, by the holder may be recorded 29 and shall contain such other information and shall be issued in such 30 form as the commissioner shall determine; provided, however, every iden- 31 tification card or renewal thereof issued to a person under the age of 32 twenty-one years shall have prominently imprinted thereon the statement 33 "UNDER 21 YEARS OF AGE" in notably distinctive print or format. 34 Provided, further, however, that every identification card issued to an 35 applicant who was a member of the armed forces of the United States and 36 (i) received an honorable discharge or was released therefrom under 37 honorable conditions, or (ii) has a qualifying condition, as defined in 38 section [three hundred fifty] one of the [executive] veterans' services 39 law, and has received a discharge other than bad conduct or dishonorable 40 from such service, or (iii) is a discharged LGBT veteran, as defined in 41 section [three hundred fifty] one of the [executive] veterans' services 42 law, and has received a discharge other than bad conduct or dishonorable 43 from such service, shall, upon his or her request and submission of 44 proof as set forth herein, contain a distinguishing mark, in such form 45 as the commissioner shall determine, indicating that he or she is a 46 veteran. Such proof shall consist of a certificate of release or 47 discharge from active duty including but not limited to a DD Form 214 or 48 other proof satisfactory to the commissioner. The commissioner shall not 49 require fees for the issuance of such identification cards or renewals 50 thereof to persons under twenty-one years of age which are different 51 from the fees required for the issuance of identification cards or 52 renewals thereof to persons twenty-one years of age or over, nor fees to 53 persons requesting a veteran distinguishing mark which are different 54 from fees that would otherwise be required. Provided, however, that 55 notwithstanding the provisions of section four hundred ninety-one of 56 this article, the commissioner shall not require any fees for the dupli-A. 8294 91 1 cation or amendment of an identification card prior to its renewal if 2 such duplication or amendment was solely for the purpose of adding a 3 veteran distinguishing mark to such identification card. 4 § 98. Paragraph (a-1) of subdivision 1 of section 504 of the vehicle 5 and traffic law, as amended by chapter 490 of the laws of 2019, is 6 amended to read as follows: 7 (a-1) Every license or renewal thereof issued to an applicant who was 8 a member of the armed forces of the United States and who (i) received 9 an honorable discharge or was released therefrom under honorable condi- 10 tions, or (ii) has a qualifying condition, as defined in section [three11hundred fifty] one of the [executive] veterans' services law, and has 12 received a discharge other than bad conduct or dishonorable from such 13 service, or (iii) is a discharged LGBT veteran, as defined in section 14 [three hundred fifty] one of the [executive] veterans' services law, and 15 has received a discharge other than bad conduct or dishonorable from 16 such service, shall, upon his or her request and submission of proof as 17 set forth herein, contain a distinguishing mark, in such form as the 18 commissioner shall determine, indicating that he or she is a veteran. 19 Such proof shall consist of a certificate of release or discharge from 20 active duty including but not limited to a DD Form 214 or other proof 21 satisfactory to the commissioner. The commissioner shall not require 22 fees for the issuance of such licenses or renewals thereof to persons 23 requesting a veteran distinguishing mark which are different from fees 24 otherwise required; provided, however, that notwithstanding the 25 provisions of this section, the commissioner shall not require fees for 26 a duplication or amendment of a license prior to its renewal if such 27 duplication or amendment was solely for the purpose of adding a veteran 28 distinguishing mark to such license. 29 § 99. The second undesignated subparagraph of paragraph (a) of subdi- 30 vision 8 of section 15 of the workers' compensation law, as amended by 31 chapter 490 of the laws of 2019, is amended to read as follows: 32 Second: That any plan which will reasonably, equitably and practically 33 operate to break down hindrances and remove obstacles to the employment 34 of partially disabled persons who (i) are honorably discharged from our 35 armed forces, or (ii) have a qualifying condition, as defined in section 36 [three hundred fifty] one of the [executive] veterans' services law, and 37 received a discharge other than bad conduct or dishonorable from such 38 service, or (iii) are discharged LGBT veterans, as defined in section 39 [three hundred fifty] one of the [executive] veterans' services law, and 40 received a discharge other than bad conduct or dishonorable from such 41 service, or any other physically handicapped persons, is of vital impor- 42 tance to the state and its people and is of concern to this legislature; 43 § 100. Transfer of powers of the division of veterans' services. The 44 functions and powers possessed by and all of the obligations and duties 45 of the division of veterans' services, as established pursuant to arti- 46 cle 17 of the executive law and other laws, shall be transferred and 47 assigned to, and assumed by and devolved upon, the department of veter- 48 ans' services. 49 § 101. Abolition of the division of veterans' services. Upon the 50 transfer pursuant to this act of the functions and powers possessed by 51 and all of the obligations and duties of the division of veterans' 52 services, as established pursuant to article 17 of the executive law and 53 other laws, the division of veterans' services shall be abolished. 54 § 102. Continuity of authority of the division of veterans' services. 55 Except as herein otherwise provided, upon the transfer pursuant to this 56 act of the functions and powers possessed by, and all of the obligationsA. 8294 92 1 and duties of, the division of veterans' services, as established pursu- 2 ant to article 17 of the executive law and other laws, to the department 3 of veterans' services as prescribed by this act, for the purpose of 4 succession, all functions, powers, duties and obligations of the depart- 5 ment of veterans' services shall be deemed and be held to constitute the 6 continuation of such functions, powers, duties and obligations and not a 7 different agency. 8 § 103. Transfer of records of the division of veterans' services. Upon 9 the transfer pursuant to this act of the functions and powers possessed 10 by and all of the obligations and duties of the division of veterans' 11 services, as established pursuant to article 17 of the executive law and 12 other laws, to the department of veterans' services as prescribed by 13 this act, all books, papers, records and property pertaining to the 14 division of veterans' services shall be transferred to and maintained by 15 the department of veterans' services. 16 § 104. Completion of unfinished business of the division of veterans' 17 services. Upon the transfer pursuant to this act of the functions and 18 powers possessed by and all of the obligations and duties of the divi- 19 sion of veterans' services, as established pursuant to article 17 of the 20 executive law and other laws, to the department of veterans' services as 21 prescribed by this act, any business or other matter undertaken or 22 commenced by the division of veterans' services pertaining to or 23 connected with the functions, powers, obligations and duties so trans- 24 ferred and assigned to the department of veterans' services, may be 25 conducted or completed by the department of veterans' services. 26 § 105. Terms occurring in laws, contracts or other documents of or 27 pertaining to the division of veterans' services. Upon the transfer 28 pursuant to this act of the functions and powers possessed by and all of 29 the obligations and duties of the division of veterans' services, as 30 established pursuant to article 17 of the executive law and other laws, 31 as prescribed by this act, whenever the division of veterans' services 32 and the [director] commissioner thereof, the functions, powers, obli- 33 gations and duties of which are transferred to the department of veter- 34 ans' services, are referred to or designated in any law, regulation, 35 contract or document pertaining to the functions, powers, obligations 36 and duties transferred and assigned pursuant to this act, such reference 37 or designation shall be deemed to refer to the department of veterans' 38 services and its [director] commissioner. 39 § 106. (a) Wherever the term "division of veterans' services" appears 40 in the consolidated or unconsolidated laws of this state, such term is 41 hereby changed to "department of veterans' services". 42 (b) The legislative bill drafting commission is hereby directed to 43 effectuate this provision, and shall be guided by a memorandum of 44 instruction setting forth the specific provisions of law to be amended. 45 Such memorandum shall be transmitted to the legislative bill drafting 46 commission within sixty days of enactment of this provision. Such memo- 47 randum shall be issued jointly by the governor, the temporary president 48 of the senate and the speaker of the assembly, or by the delegate of 49 each. 50 § 107. Existing rights and remedies of or pertaining to the division 51 of veterans' services. Upon the transfer pursuant to this act of the 52 functions and powers possessed by and all of the obligations and duties 53 of the division of veterans' services, as established pursuant to arti- 54 cle 17 of the executive law and other laws, to the department of veter- 55 ans' services as prescribed by this act, no existing right or remedy ofA. 8294 93 1 the state, including the division of veterans' services, shall be lost, 2 impaired or affected by reason of this act. 3 § 108. Pending actions and proceedings of or pertaining to the divi- 4 sion of veterans' services. Upon the transfer pursuant to this act of 5 the functions and powers possessed by and all of the obligations and 6 duties of the division of veterans' services, as established pursuant to 7 article 17 of the executive law and other laws, to the department of 8 veterans' services as prescribed by this act, no action or proceeding 9 pending on the effective date of this act, brought by or against the 10 division of veterans' services or the [director] commissioner thereof 11 shall be affected by any provision of this act, but the same may be 12 prosecuted or defended in the name of the New York state department of 13 veterans' services. In all such actions and proceedings, the New York 14 state department of veterans' services, upon application to the court, 15 shall be substituted as a party. 16 § 109. Continuation of rules and regulations of or pertaining to the 17 division of veterans' services. Upon the transfer pursuant to this act 18 of the functions and powers possessed by and all the obligations and 19 duties of the division of veterans' services, as established pursuant to 20 article 17 of the executive law and other laws, to the department of 21 veterans' services as prescribed by this act, all rules, regulations, 22 acts, orders, determinations, decisions, licenses, registrations and 23 charters of the division of veterans' services, pertaining to the func- 24 tions transferred and assigned by this act to the department of veter- 25 ans' services, in force at the time of such transfer, assignment, 26 assumption or devolution shall continue in force and effect as rules, 27 regulations, acts, determinations and decisions of the department of 28 veterans' services until duly modified or repealed. 29 § 110. Transfer of appropriations heretofore made to the division of 30 veterans' services. Upon the transfer pursuant to this act of the func- 31 tions and powers possessed by and all of the obligations and duties of 32 the division of veterans' services, as established pursuant to article 33 17 of the executive law and other laws, to the department of veterans' 34 services as prescribed by this act, all appropriations and reappropri- 35 ations which shall have been made available as of the date of such 36 transfer to the division of veterans' services or segregated pursuant to 37 law, to the extent of remaining unexpended or unencumbered balances 38 thereof, whether allocated or unallocated and whether obligated or unob- 39 ligated, shall be transferred to and made available for use and expendi- 40 ture by the department of veterans' services and shall be payable on 41 vouchers certified or approved by the commissioner of taxation and 42 finance, on audit and warrant of the comptroller. Payments of liabil- 43 ities for expenses of personnel services, maintenance and operation 44 which shall have been incurred as of the date of such transfer by the 45 division of veterans' services, and for liabilities incurred and to be 46 incurred in completing its affairs shall also be made on vouchers certi- 47 fied or approved by the [director] commissioner of veterans' services, 48 on audit and warrant of the comptroller. 49 § 111. Transfer of employees. Upon the transfer pursuant to this act 50 of the functions and powers possessed by and all of the division of 51 veterans' services, as established pursuant to article 17 of the execu- 52 tive law and other laws, to the department of veterans' services as 53 prescribed by this act, provision shall be made for the transfer of all 54 employees from the division of veterans' services into the department of 55 veterans' services. Employees so transferred shall be transferred with- 56 out further examination or qualification to the same or similar titlesA. 8294 94 1 and shall remain in the same collective bargaining units and shall 2 retain their respective civil service classifications, status and rights 3 pursuant to their collective bargaining units and collective bargaining 4 agreements. 5 § 112. Severability. If any clause, sentence, paragraph, section or 6 part of this act shall be adjudged by any court of competent jurisdic- 7 tion to be invalid, such judgment shall not affect, impair or invalidate 8 the remainder thereof, but shall be confined in its operation to the 9 clause, sentence, paragraph, section or part thereof directly involved 10 in the controversy in which such judgment shall have been rendered. 11 § 113. This act shall take effect on the one hundred eightieth day 12 after it shall have become a law; provided, however, that the amendments 13 to subdivision (l) of section 7.09 of the mental hygiene law made by 14 section fifteen of this act shall not affect the repeal of such subdivi- 15 sion and shall be deemed repealed therewith; and provided further that 16 the amendments to paragraph j of subdivision 1 and subdivisions 6 and 17 6-d of section 163 of the state finance law made by section twenty-eight 18 of this act shall not affect the repeal of such section and shall be 19 deemed to be repealed therewith; and provided further, that if section 2 20 of part AA of chapter 56 of the laws of 2021 shall not have taken effect 21 on or before such date, then section thirty of this act shall take 22 effect on the same date and in the same manner as such chapter of the 23 laws of 2021, takes effect; and provided further that the amendments to 24 subdivision 3 of section 103-a of the state technology law made by 25 section thirty-one of this act shall not affect the repeal of such 26 section and shall be deemed to be repealed therewith. Effective imme- 27 diately, the addition, amendment and/or repeal of any rule or regulation 28 necessary for the implementation of this act on its effective date are 29 authorized to be made on or before such date.
