Bill Text: NY A10204 | 2023-2024 | General Assembly | Introduced
Bill Title: Includes the Space Force as being members of the armed forces or veterans eligible for certain credits and benefits that are available to other active and veteran members of the armed forces.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed - Dead) 2024-06-04 - REFERRED TO RULES [A10204 Detail]
Download: New_York-2023-A10204-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 10204 IN ASSEMBLY May 10, 2024 ___________ Introduced by COMMITTEE ON RULES -- (at request of M. of A. Barrett) -- read once and referred to the Committee on Veterans' Affairs AN ACT to amend the general construction law, the election law, the insurance law, the military law, the public officers law, the economic development law, the civil service law and the real property tax law, in relation to including members of the space force as being members of the armed forces or veterans eligible for certain credits and bene- fits The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 13-a of the general construction law, as amended by 2 section 60 of part PP of chapter 56 of the laws of 2022, is amended to 3 read as follows: 4 § 13-a. Armed forces of the United States. "Armed forces of the United 5 States" means the army, navy, marine corps, air force, space force and 6 coast guard including all components thereof, and the national guard 7 when in the service of the United States pursuant to call as provided by 8 law. Pursuant to this definition no person shall be considered a member 9 or veteran of the armed forces of the United States unless [his or her] 10 such member or veteran's service therein is or was on a full-time active 11 duty basis, other than active duty for training or [he or she] such 12 member or veteran was employed by the War Shipping Administration or 13 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- EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD06758-06-4A. 10204 2 1 going service or foreign waters and who has received a Certificate of 2 Release or Discharge from Active Duty and a discharge certificate, or an 3 Honorable Service Certificate/Report of Casualty, from the Department of 4 Defense or [he or she] the member or veteran served as a United States 5 civilian employed by the American Field Service and served overseas 6 under United States Armies and United States Army Groups in world war II 7 during the period of armed conflict, December seventh, nineteen hundred 8 forty-one through May eighth, nineteen hundred forty-five, and (i) was 9 discharged or released therefrom under honorable conditions, or (ii) has 10 a qualifying condition, as defined in section one of the veterans' 11 services law, and has received a discharge other than bad conduct or 12 dishonorable from such service, or (iii) is a discharged LGBT veteran, 13 as defined in section one of the veterans' services law, and has 14 received a discharge other than bad conduct or dishonorable from such 15 service, or [he or she] the member or veteran served as a United States 16 civilian Flight Crew and Aviation Ground Support Employee of Pan Ameri- 17 can World Airways or one of its subsidiaries or its affiliates and 18 served overseas as a result of Pan American's contract with Air Trans- 19 port Command or Naval Air Transport Service during the period of armed 20 conflict, December fourteenth, nineteen hundred forty-one through August 21 fourteenth, nineteen hundred forty-five, and (iv) was discharged or 22 released therefrom under honorable conditions, or (v) has a qualifying 23 condition, as defined in section one of the veterans' services law, and 24 has received a discharge other than bad conduct or dishonorable from 25 such service, or (vi) is a discharged LGBT veteran, as defined in 26 section one of the veterans' services law, and has received a discharge 27 other than bad conduct or dishonorable from such service. 28 § 2. Subdivision 1 of section 10-102 of the election law, as amended 29 by chapter 104 of the laws of 2010, is amended to read as follows: 30 1. "Military service" means the military service of the state, or of 31 the United States, including the army, navy, marine corps, air force, 32 space force, coast guard, merchant marine and all components thereof, 33 and the coast and geodetic survey, the public health service, the 34 national guard when in the service of the United States pursuant to call 35 as provided by law, and the cadets or midshipmen of the United States 36 Military Academy, United States Naval Academy, United States Air Force 37 Academy and United States Coast Guard Academy. 38 § 3. Subsection (a) of section 3435-a of the insurance law, as amended 39 by chapter 416 of the laws of 1996, is amended to read as follows: 40 (a) Insurers shall be prohibited from refusing to issue a motor vehi- 41 cle liability insurance policy to any person with a valid New York state 42 driver's license which has been maintained by such person for at least 43 thirty-nine months prior to the time of application for such policy of 44 insurance solely on the basis that such person has not owned or leased a 45 vehicle during such period, unless such decision is based on sound 46 underwriting and actuarial principles reasonably related to actual or 47 anticipated loss experience. Provided, however, that an applicant demon- 48 strating a continuous, valid out-of-state or out-of-country driver's 49 license during such thirty-nine month period due to active service in 50 the United States army, navy, air force, space force or marines shall be 51 treated as if continuous licensing had been maintained in New York and 52 such person shall not be rejected based solely on the fact that [he or53she] such person served in the military. 54 § 4. Subdivisions 3, 4 and 8 of section 1 of the military law, as 55 amended by section 112 of the laws of 1989, are amended to read as 56 follows:A. 10204 3 1 3. The terms "military" and "military and naval" shall mean army or 2 land, air or air force, space force or space and navy or naval. 3 4. The terms "military or naval" and "military (including air) or 4 naval" shall mean army or land, air or air force, space force or space 5 or navy or naval. 6 8. The terms "active military service of the United States" and "in 7 the armed forces of the United States" shall mean full time duty in the 8 army, navy [(including], marine corps[)], air force, space force or 9 coast guard of the United States. 10 § 5. Paragraph a and subparagraph 2 of paragraph b of subdivision 1 of 11 section 214 of the military law, paragraph a as added by chapter 853 of 12 the laws of 1953 and subparagraph 2 of paragraph b as amended by chapter 13 625 of the laws of 1965, are amended to read as follows: 14 a. has been a commissioned officer in active service for at least 15 twenty years in the organized militia of the state of New York or in the 16 army, air force, space force, navy or marine corps of the United States 17 for at least twenty years and 18 (2) for ten consecutive years of such service immediately preceding 19 [his] such officer's retirement and transfer to the state retired list 20 as provided in this chapter, if [he] such officer has had actual combat 21 experience in time of war while in the army, air force, space force, 22 navy or marine corps of the United States or if [he] such officer has 23 served on the active list of a force or forces of the organized militia 24 for at least ten years as an enlisted [man] person and at least thirty 25 years as a commissioned officer, shall receive annually from the date of 26 [his] such officer's retirement and transfer to the state retired list 27 as provided in this chapter and during the time [he] such officer 28 remains on the state retired list seventy-five per centum of the highest 29 annual rate of compensation paid to [him] such officer by the state for 30 the performance of military or naval duty. 31 § 6. Paragraph (b) of subdivision 1 of section 243 of the military 32 law, as amended by section 71 of part PP of chapter 56 of the laws of 33 2022, is amended to read as follows: 34 (b) The term "military duty" shall mean military service in the mili- 35 tary, naval, aviation, space or marine service of the United States 36 subsequent to July first, nineteen hundred forty, or service under the 37 selective training and service act of nineteen hundred forty, or the 38 national guard and reserve officers mobilization act of nineteen hundred 39 forty, or any other act of congress supplementary or amendatory thereto, 40 or any similar act of congress hereafter enacted and irrespective of the 41 fact that such service was entered upon following a voluntary enlistment 42 therefor or was required under one of the foregoing acts of congress, or 43 service with the United States public health service as a commissioned 44 officer, or service with the American Red Cross while with the armed 45 forces of the United States on foreign service, or service with the 46 special services section of the armed forces of the United States on 47 foreign service, or service in the merchant marine which shall consist 48 of service as an officer or member of the crew on or in connection with 49 a vessel documented under the laws of the United States or a vessel 50 owned by, chartered to, or operated by or for the account or use of the 51 government of the United States, or service by one who was employed by 52 the War Shipping Administration or Office of Defense Transportation or 53 their agents as a merchant seaman documented by the United States Coast 54 Guard or Department of Commerce, or as a civil servant employed by the 55 United States Army Transport Service (later redesignated as the United 56 States Army Transportation Corps, Water Division) or the Naval Transpor-A. 10204 4 1 tation Service; and who served satisfactorily as a crew member during 2 the period of armed conflict, December seventh, nineteen hundred forty- 3 one, to August fifteenth, nineteen hundred forty-five, aboard merchant 4 vessels in oceangoing, i.e., foreign, intercoastal, or coastwise service 5 as such terms are defined under federal law (46 USCA 10301 & 10501) and 6 further to include "near foreign" voyages between the United States and 7 Canada, Mexico, or the West Indies via ocean routes, or public vessels 8 in oceangoing service or foreign waters and who has received a Certif- 9 icate of Release or Discharge from Active Duty and a discharge certif- 10 icate, or an Honorable Service Certificate/Report of Casualty, from the 11 Department of Defense, or who served as a United States civilian 12 employed by the American Field Service and served overseas under United 13 States Armies and United States Army Groups in world war II during the 14 period of armed conflict, December seventh, nineteen hundred forty-one 15 through May eighth, nineteen hundred forty-five, and who (i) was 16 discharged or released therefrom under honorable conditions, or (ii) has 17 a qualifying condition, as defined in section one of the veterans' 18 services law, and has received a discharge other than bad conduct or 19 dishonorable from such service, or (iii) is a discharged LGBT veteran, 20 as defined in section one of the veterans' services law, and has 21 received a discharge other than bad conduct or dishonorable from such 22 service, or who served as a United States civilian Flight Crew and 23 Aviation Ground Support Employee of Pan American World Airways or one of 24 its subsidiaries or its affiliates and served overseas as a result of 25 Pan American's contract with Air Transport Command or Naval Air Trans- 26 port Service during the period of armed conflict, December fourteenth, 27 nineteen hundred forty-one through August fourteenth, nineteen hundred 28 forty-five, and who (iv) was discharged or released therefrom under 29 honorable conditions, or (v) has a qualifying condition, as defined in 30 section one of the veterans' services law, and has received a discharge 31 other than bad conduct or dishonorable from such service, or (vi) is a 32 discharged LGBT veteran, as defined in section one of the veterans' 33 services law, and has received a discharge other than bad conduct or 34 dishonorable from such service; or service in police duty on behalf of 35 the United States government in a foreign country, if such person is a 36 police officer, as defined by section 1.20 of the criminal procedure 37 law, and if such police officer obtained the prior consent of [his or38her] their public employer to absent [himself or herself] themself from 39 [his or her] such police officer's position to engage in the performance 40 of such service; or as an enrollee in the United States maritime service 41 on active duty and, to such extent as may be prescribed by or under the 42 laws of the United States, any period awaiting assignment to such 43 service and any period of education or training for such service in any 44 school or institution under the jurisdiction of the United States 45 government, but shall not include temporary and intermittent gratuitous 46 service in any reserve or auxiliary force. It shall include time spent 47 in reporting for and returning from military duty and shall be deemed to 48 commence when the public employee leaves [his or her] their position and 49 to end when [he or she] such public employee is reinstated to [his or50her] their position, provided such reinstatement is within ninety days 51 after the termination of military duty, as hereinafter defined. Notwith- 52 standing the foregoing provisions of this paragraph, the term "military 53 duty" shall not include any of the foregoing services entered upon 54 voluntarily on or after January first, nineteen hundred forty-seven and 55 before June twenty-fifth, nineteen hundred fifty; and, on or after July 56 first, nineteen hundred seventy, the term "military duty" shall notA. 10204 5 1 include any voluntary service in excess of four years performed after 2 that date, or the total of any voluntary services, additional or other- 3 wise, in excess of four years performed after that date, shall not 4 exceed five years, if the service in excess of four years is at the 5 request and for the convenience of the federal government, except if 6 such voluntary service is performed during a period of war, or national 7 emergency declared by the president. 8 § 7. Subdivision 17 of section 243 of the military law, as amended by 9 chapter 312 of the laws of 1993, is amended to read as follows: 10 17. Certificates as to service. A certificate signed by the commander, 11 total army personnel center as to persons in the army or in any branch 12 of the United States service while serving pursuant to law with the army 13 of the United States, signed by the commander, naval military personnel 14 as to persons in the United States service while serving pursuant to law 15 with the United States navy, and signed by the commandant, United States 16 marine corps, as to persons in the marine corps, or in any other branch 17 of the United States service while serving pursuant to law with the 18 marine corps, signed by the chief, air force military personnel center 19 as to persons in the United States service while serving pursuant to law 20 with the United States air force or with the United States space force, 21 or signed by an officer designated by any of them, respectively, for the 22 purpose, shall when produced be prima facie evidence as to any of the 23 following facts stated in such certificate: That a person named has not 24 been, or is, or has been in military service; the time when and the 25 place where such person entered military service, [his] such person's 26 residence at that time, and the rank, branch, and unit of such service 27 that [he] such person entered, the dates within which [he] such person 28 was in military service, the monthly pay received by such person at the 29 date of issuing the certificate, the time when and the place where such 30 person died in or was discharged from such service. It is the duty of 31 the foregoing officers to furnish such certificate on application, and 32 any such certificate when purporting to be signed by any one of such 33 officers, or by any person purporting upon the face of the certificate 34 to have been so authorized, shall be prima facie evidence of its 35 contents and of the authority of the signer to issue the same. 36 § 8. Section 63 of the public officers law, as amended by section 80 37 of part PP of chapter 56 of the laws of 2022, is amended to read as 38 follows: 39 § 63. Leave of absence for veterans on Memorial day and Veterans' day. 40 It shall be the duty of the head of every public department and of every 41 court of the state of New York, of every superintendent or foreman on 42 the public works of said state, of the county officers of the several 43 counties of said state, of the town officers of the various towns in 44 this state, of the fire district officers of the various fire districts 45 in this state, and of the head of every department, bureau and office in 46 the government of the various cities and villages in this state, and the 47 officers of any public benefit corporation or any public authority of 48 this state, or of any public benefit corporation or public authority of 49 any county or subdivision of this state, to give leave of absence with 50 pay for twenty-four hours on the day prescribed by law as a public holi- 51 day for the observance of Memorial day and on the eleventh day of Novem- 52 ber, known as Veterans' day, to every person in the service of the 53 state, the county, the town, the fire district, the city or village, the 54 public benefit corporation or public authority of this state, or any 55 public benefit corporation or public authority of any county or subdivi- 56 sion of this state, as the case may be, (i) who served on active duty inA. 10204 6 1 the armed forces of the United States during world war I or world war 2 II, or who was employed by the War Shipping Administration or Office of 3 Defense Transportation or their agents as a merchant seaman documented 4 by the United States Coast Guard or Department of Commerce, or as a 5 civil servant employed by the United States Army Transport Service 6 (later redesignated as the United States Army Transportation Corps, 7 Water Division) or the Naval Transportation Service; and who served 8 satisfactorily as a crew member during the period of armed conflict, 9 December seventh, nineteen hundred forty-one, to August fifteenth, nine- 10 teen hundred forty-five, aboard merchant vessels in oceangoing, i.e., 11 foreign, intercoastal, or coastwise service as such terms are defined 12 under federal law (46 USCA 10301 & 10501) and further to include "near 13 foreign" voyages between the United States and Canada, Mexico, or the 14 West Indies via ocean routes, or public vessels in oceangoing service or 15 foreign waters and who has received a Certificate of Release or 16 Discharge from Active Duty and a discharge certificate, or an Honorable 17 Service Certificate/Report of Casualty, from the Department of Defense, 18 or who served as a United States civilian employed by the American Field 19 Service and served overseas under United States Armies and United States 20 Army Groups in world war II during the period of armed conflict, Decem- 21 ber seventh, nineteen hundred forty-one through May eighth, nineteen 22 hundred forty-five, and who (a) was discharged or released therefrom 23 under honorable conditions, or (b) has a qualifying condition, as 24 defined in section one of the veterans' services law, and has received a 25 discharge other than bad conduct or dishonorable from such service, or 26 (c) is a discharged LGBT veteran, as defined in section one of the 27 veterans' services law, and has received a discharge other than bad 28 conduct or dishonorable from such service or who served as a United 29 States civilian Flight Crew and Aviation Ground Support Employee of Pan 30 American World Airways or one of its subsidiaries or its affiliates and 31 served overseas as a result of Pan American's contract with Air Trans- 32 port Command or Naval Air Transport Service during the period of armed 33 conflict, December fourteenth, nineteen hundred forty-one through August 34 fourteenth, nineteen hundred forty-five, and who (d) was discharged or 35 released therefrom under honorable conditions, or (e) has a qualifying 36 condition, as defined in section one of the veterans' services law, and 37 has received a discharge other than bad conduct or dishonorable from 38 such service, or (f) is a discharged LGBT veteran, as defined in section 39 one of the veterans' services law, and has received a discharge other 40 than bad conduct or dishonorable from such service or during the period 41 of the Korean conflict at any time between the dates of June twenty-sev- 42 enth, nineteen hundred fifty and January thirty-first, nineteen hundred 43 fifty-five, or during the period of the Vietnam conflict from the first 44 day of November, nineteen hundred fifty-five to the seventh day of May, 45 nineteen hundred seventy-five, or (ii) who served on active duty in the 46 armed forces of the United States and who was a recipient of the armed 47 forces expeditionary medal, navy expeditionary medal or marine corps 48 expeditionary medal for participation in operations in Lebanon from June 49 first, nineteen hundred eighty-three to December first, nineteen hundred 50 eighty-seven, in Grenada from October twenty-third, nineteen hundred 51 eighty-three to November twenty-first, nineteen hundred eighty-three, or 52 in Panama from December twentieth, nineteen hundred eighty-nine to Janu- 53 ary thirty-first, nineteen hundred ninety, or (iii) who served in the 54 armed forces of a foreign country allied with the United States during 55 world war I or world war II, or during the period of the Korean conflict 56 at any time between June twenty-seventh, nineteen hundred fifty andA. 10204 7 1 January thirty-first, nineteen hundred fifty-five, or during the period 2 of the Vietnam conflict from the first day of November, nineteen hundred 3 fifty-five to the seventh day of May, nineteen hundred seventy-five, or 4 during the period of the Persian Gulf conflict from the second day of 5 August, nineteen hundred ninety to the end of such conflict, or who 6 served on active duty in the army or navy or marine corps or air force 7 or space force or coast guard of the United States, and who (a) was 8 honorably discharged or separated from such service under honorable 9 conditions, or (b) has a qualifying condition, as defined in section one 10 of the veterans' services law, and has received a discharge other than 11 bad conduct or dishonorable from such service, or (c) is a discharged 12 LGBT veteran, as defined in section one of the veterans' services law, 13 and has received a discharge other than bad conduct or dishonorable from 14 such service except where such action would endanger the public safety 15 or the safety or health of persons cared for by the state, in which 16 event such persons shall be entitled to leave of absence with pay on 17 another day in lieu thereof. All such persons who are compensated on a 18 per diem, hourly, semi-monthly or monthly basis, with or without mainte- 19 nance, shall also be entitled to leave of absence with pay under the 20 provisions of this section and no deduction in vacation allowance or 21 budgetary allowable number of working days shall be made in lieu there- 22 of. A refusal to give such leave of absence to one entitled thereto 23 shall be neglect of duty. 24 § 9. Subdivision 6 of section 210 of the economic development law, as 25 amended by section 33 of part PP of chapter 56 of the laws of 2022, is 26 amended to read as follows: 27 6. "Veteran" shall mean a person who served in the United States army, 28 navy, air force, space force, marines, coast guard, and/or reserves 29 thereof, and/or in the army national guard, air national guard, New York 30 guard and/or New York naval militia and who (a) has received an honor- 31 able or general discharge from such service, or (b) has a qualifying 32 condition, as defined in section one of the 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 one of the veterans' services law, and has received a discharge other 36 than bad conduct or dishonorable from such service. 37 § 10. Paragraph (b) of subdivision 5 of section 50 of the civil 38 service law, as amended by section 1 of part EE of chapter 55 of the 39 laws of 2023, is amended to read as follows: 40 (b) Notwithstanding the provisions of paragraph (a) of this subdivi- 41 sion, the state civil service department, subject to the approval of the 42 director of the budget, a municipal commission, subject to the approval 43 of the governing board or body of the city or county, as the case may 44 be, or a regional commission or personnel officer, pursuant to govern- 45 mental agreement, may elect to waive application fees, or to abolish 46 fees for specific classes of positions or types of examinations or 47 candidates, or to establish a uniform schedule of reasonable fees 48 different from those prescribed in paragraph (a) of this subdivision, 49 specifying in such schedule the classes of positions or types of exam- 50 inations or candidates to which such fees shall apply; provided, howev- 51 er, that fees shall be waived for candidates who certify to the state 52 civil service department, a municipal commission or a regional commis- 53 sion that they are unemployed and primarily responsible for the support 54 of a household, or are receiving public assistance. Provided further, 55 the state civil service department shall waive the state application fee 56 for examinations for original appointment for all veterans. ProvidedA. 10204 8 1 further, the state civil service department shall, and a municipal 2 commission may, subject to the approval of the governing board or body 3 of the city or county, as the case may be, or a regional commission or 4 personnel officer, pursuant to governmental agreement, waive application 5 fees for all examinations held between July first, two thousand twenty- 6 three and December thirty-first, two thousand twenty-five. Notwithstand- 7 ing any other provision of law, for purposes of this section, the term 8 "veteran" shall mean a person who has served in the armed forces of the 9 United States or the reserves thereof, or in the army national guard, 10 air national guard, New York guard, or the New York naval militia, and 11 who (1) has been honorably discharged or released from such service 12 under honorable conditions, or (2) has a qualifying condition, as 13 defined in section one of the veterans' services law, and has received a 14 discharge other than bad conduct or dishonorable from such service, or 15 (3) is a discharged LGBT veteran, as defined in section one of the 16 veterans' services law, and has received a discharge other than bad 17 conduct or dishonorable from such service. The term "armed forces" shall 18 mean the army, navy, air force, space force, marine corps, and coast 19 guard. 20 § 11. Paragraph (b) of subdivision 5 of section 50 of the civil 21 service law, as amended by section 35 of part PP of chapter 56 of the 22 laws of 2022, is amended to read as follows: 23 (b) Notwithstanding the provisions of paragraph (a) of this subdivi- 24 sion, the state civil service department, subject to the approval of the 25 director of the budget, a municipal commission, subject to the approval 26 of the governing board or body of the city or county, as the case may 27 be, or a regional commission or personnel officer, pursuant to govern- 28 mental agreement, may elect to waive application fees, or to abolish 29 fees for specific classes of positions or types of examinations or 30 candidates, or to establish a uniform schedule of reasonable fees 31 different from those prescribed in paragraph (a) of this subdivision, 32 specifying in such schedule the classes of positions or types of exam- 33 inations or candidates to which such fees shall apply; provided, howev- 34 er, that fees shall be waived for candidates who certify to the state 35 civil service department, a municipal commission or a regional commis- 36 sion that they are unemployed and primarily responsible for the support 37 of a household, or are receiving public assistance. Provided further, 38 the state civil service department shall waive the state application fee 39 for examinations for original appointment for all veterans. Notwith- 40 standing any other provision of law, for purposes of this section, the 41 term "veteran" shall mean a person who has served in the armed forces of 42 the United States or the reserves thereof, or in the army national 43 guard, air national guard, New York guard, or the New York naval mili- 44 tia, and who (1) has been honorably discharged or released from such 45 service under honorable conditions, or (2) has a qualifying condition, 46 as defined in section one of the veterans' services law, and has 47 received a discharge other than bad conduct or dishonorable from such 48 service, or (3) is a discharged LGBT veteran, as defined in section one 49 of the veterans' services law, and has received a discharge other than 50 bad conduct or dishonorable from such service. The term "armed forces" 51 shall mean the army, navy, air force, space force, marine corps, and 52 coast guard. 53 § 12. Paragraph (e) of subdivision 1 of section 458-a of the real 54 property tax law, as amended by chapter 611 of the laws of 2023, is 55 amended to read as follows:A. 10204 9 1 (e) "Veteran" means a person (i) who served in the active military, 2 naval, space, or air service during a period of war, or who was a recip- 3 ient of the armed forces expeditionary medal, navy expeditionary medal, 4 marine corps expeditionary medal, or global war on terrorism expedition- 5 ary medal, and who (1) was discharged or released therefrom under honor- 6 able conditions, or (2) has a qualifying condition, as defined in 7 section one of the veterans' services law, and has received a discharge 8 other than bad conduct or dishonorable from such service, or (3) is a 9 discharged LGBT veteran, as defined in section one of the veterans' 10 services law, and has received a discharge other than bad conduct or 11 dishonorable from such service, (ii) who was employed by the War Ship- 12 ping Administration or Office of Defense Transportation or their agents 13 as a merchant seaman documented by the United States Coast Guard or 14 Department of Commerce, or as a civil servant employed by the United 15 States Army Transport Service (later redesignated as the United States 16 Army Transportation Corps, Water Division) or the Naval Transportation 17 Service; and who served satisfactorily as a crew member during the peri- 18 od of armed conflict, December seventh, nineteen hundred forty-one, to 19 August fifteenth, nineteen hundred forty-five, aboard merchant vessels 20 in oceangoing, i.e., foreign, intercoastal, or coastwise service as such 21 terms are defined under federal law (46 USCA 10301 & 10501) and further 22 to include "near foreign" voyages between the United States and Canada, 23 Mexico, or the West Indies via ocean routes, or public vessels in ocean- 24 going service or foreign waters and who has received a Certificate of 25 Release or Discharge from Active Duty and a discharge certificate, or an 26 Honorable Service Certificate/Report of Casualty, from the department of 27 defense, (iii) who served as a United States civilian employed by the 28 American Field Service and served overseas under United States Armies 29 and United States Army Groups in world war II during the period of armed 30 conflict, December seventh, nineteen hundred forty-one through May 31 eighth, nineteen hundred forty-five, and who (1) was discharged or 32 released therefrom under honorable conditions, or (2) has a qualifying 33 condition, as defined in section one of the veterans' services law, and 34 has received a discharge other than bad conduct or dishonorable from 35 such service, or (3) is a discharged LGBT veteran, as defined in section 36 one of the veterans' services law, and has received a discharge other 37 than bad conduct or dishonorable from such service, (iv) who served as a 38 United States civilian Flight Crew and Aviation Ground Support Employee 39 of Pan American World Airways or one of its subsidiaries or its affil- 40 iates and served overseas as a result of Pan American's contract with 41 Air Transport Command or Naval Air Transport Service during the period 42 of armed conflict, December fourteenth, nineteen hundred forty-one 43 through August fourteenth, nineteen hundred forty-five, and who (1) was 44 discharged or released therefrom under honorable conditions, or (2) has 45 a qualifying condition, as defined in section one of the veterans' 46 services law, and has received a discharge other than bad conduct or 47 dishonorable from such service, or (3) is a discharged LGBT veteran, as 48 defined in section one of the veterans' services law, and has received a 49 discharge other than bad conduct or dishonorable from such service, (v) 50 notwithstanding any other provision of law to the contrary, who are 51 members of the reserve components of the armed forces of the United 52 States who (1) received an honorable discharge or release therefrom 53 under honorable conditions, or (2) has a qualifying condition, as 54 defined in section one of the veterans' services law, and has received a 55 discharge other than bad conduct or dishonorable from such service, or 56 (3) is a discharged LGBT veteran, as defined in section one of theA. 10204 10 1 veterans' services law, and has received a discharge other than bad 2 conduct or dishonorable from such service, but are still members of the 3 reserve components of the armed forces of the United States provided 4 that such members meet all other qualifications under the provisions of 5 this section, or (vi) who shall be considered to have been discharged or 6 released from active military service of the United States under honor- 7 able conditions if: (1) the individual served in the active military 8 service of the United States for the period of time such individual was 9 obligated to serve at the time of entry into service; (2) the individual 10 was not discharged or released from such service at the time of complet- 11 ing such period of obligation due to an intervening enlistment or reen- 12 listment; (3) the individual would have been eligible for a discharge or 13 release under conditions other than dishonorable at such time except for 14 such intervening enlistment or reenlistment; and (4) the individual 15 served in the active military service of the United States for a period 16 of at least ten years, provided that such individual meets all other 17 qualifications under the provisions of this section. 18 § 13. Paragraph b of subdivision 1 of section 250-a of the military 19 law, as added by chapter 465 of the laws of 2013, is amended to read as 20 follows: 21 b. In the event the governor orders the flags of the United States and 22 the State of New York, to be lowered to half staff, in memorial of the 23 death of any service member of the army, navy (including marine corps), 24 air force, space force, or coast guard of the United States, or any 25 service member of the army national guard, air national guard, state 26 guard or naval militia, the adjutant general, shall, in cooperation with 27 the office of general services, arrange for the procurement of a flag of 28 the United States and a flag of the State of New York, which were flying 29 over the capitol building at the time such flags were lowered to half 30 staff in compliance with the governor's order. Upon the procurement of 31 such flags, the adjutant general, or [his or her] their representative, 32 shall offer the presentment of such flags, without cost, to the person 33 designated to dispose of the remains of the service member, in whose 34 honor such flags were lowered in memorial. 35 § 14. This act shall take effect immediately; provided, however, that 36 the amendments to paragraph (b) of subdivision 5 of section 50 of the 37 civil service law made by section ten of this act shall be subject to 38 the expiration and reversion of such paragraph pursuant to section 2 of 39 part EE of chapter 55 of the laws of 2023, when upon such date the 40 provisions of section eleven of this act shall take effect.
