Bill Text: NY S05190 | 2023-2024 | General Assembly | Amended
Bill Title: Includes the Space Force as being members of the armed forces or veterans eligible for certain credits and benefits that are available to other active and veteran members of the armed forces.
Spectrum: Bipartisan Bill
Status: (Introduced) 2024-05-24 - PRINT NUMBER 5190A [S05190 Detail]
Download: New_York-2023-S05190-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 5190--A 2023-2024 Regular Sessions IN SENATE February 27, 2023 ___________ Introduced by Sens. SKOUFIS, ASHBY -- read twice and ordered printed, and when printed to be committed to the Committee on Veterans, Home- land Security and Military Affairs -- recommitted to the Committee on Veterans, Homeland Security and Military Affairs in accordance with Senate Rule 6, sec. 8 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee 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 EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD06758-07-4S. 5190--A 2 1 served satisfactorily as a crew member during the period of armed 2 conflict, December seventh, nineteen hundred forty-one, to August 3 fifteenth, nineteen hundred forty-five, aboard merchant vessels in 4 oceangoing, i.e., foreign, intercoastal, or coastwise service as such 5 terms are defined under federal law (46 USCA 10301 & 10501) and further 6 to include "near foreign" voyages between the United States and Canada, 7 Mexico, or the West Indies via ocean routes, or public vessels in ocean- 8 going service or foreign waters and who has received a Certificate of 9 Release or Discharge from Active Duty and a discharge certificate, or an 10 Honorable Service Certificate/Report of Casualty, from the Department of 11 Defense or [he or she] the member or veteran served as a United States 12 civilian employed by the American Field Service and served overseas 13 under United States Armies and United States Army Groups in world war II 14 during the period of armed conflict, December seventh, nineteen hundred 15 forty-one through May eighth, nineteen hundred forty-five, and (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 [he or she] the member or veteran served as a United States 23 civilian Flight Crew and Aviation Ground Support Employee of Pan Ameri- 24 can World Airways or one of its subsidiaries or its affiliates and 25 served overseas as a result of Pan American's contract with Air Trans- 26 port Command or Naval Air Transport Service during the period of armed 27 conflict, December fourteenth, nineteen hundred forty-one through August 28 fourteenth, nineteen hundred forty-five, and (iv) was discharged or 29 released therefrom under honorable conditions, or (v) has a qualifying 30 condition, as defined in section one of the veterans' services law, and 31 has received a discharge other than bad conduct or dishonorable from 32 such service, or (vi) is a discharged LGBT veteran, as defined in 33 section one of the veterans' services law, and has received a discharge 34 other than bad conduct or dishonorable from such service. 35 § 2. Subdivision 1 of section 10-102 of the election law, as amended 36 by chapter 104 of the laws of 2010, is amended to read as follows: 37 1. "Military service" means the military service of the state, or of 38 the United States, including the army, navy, marine corps, air force, 39 space force, coast guard, merchant marine and all components thereof, 40 and the coast and geodetic survey, the public health service, the 41 national guard when in the service of the United States pursuant to call 42 as provided by law, and the cadets or midshipmen of the United States 43 Military Academy, United States Naval Academy, United States Air Force 44 Academy and United States Coast Guard Academy. 45 § 3. Subsection (a) of section 3435-a of the insurance law, as amended 46 by chapter 416 of the laws of 1996, is amended to read as follows: 47 (a) Insurers shall be prohibited from refusing to issue a motor vehi- 48 cle liability insurance policy to any person with a valid New York state 49 driver's license which has been maintained by such person for at least 50 thirty-nine months prior to the time of application for such policy of 51 insurance solely on the basis that such person has not owned or leased a 52 vehicle during such period, unless such decision is based on sound 53 underwriting and actuarial principles reasonably related to actual or 54 anticipated loss experience. Provided, however, that an applicant demon- 55 strating a continuous, valid out-of-state or out-of-country driver's 56 license during such thirty-nine month period due to active service inS. 5190--A 3 1 the United States army, navy, air force, space force or marines shall be 2 treated as if continuous licensing had been maintained in New York and 3 such person shall not be rejected based solely on the fact that [he or4she] such person served in the military. 5 § 4. Subdivisions 3, 4 and 8 of section 1 of the military law, as 6 amended by section 112 of the laws of 1989, are amended to read as 7 follows: 8 3. The terms "military" and "military and naval" shall mean army or 9 land, air or air force, space force or space and navy or naval. 10 4. The terms "military or naval" and "military (including air) or 11 naval" shall mean army or land, air or air force, space force or space 12 or navy or naval. 13 8. The terms "active military service of the United States" and "in 14 the armed forces of the United States" shall mean full time duty in the 15 army, navy [(including], marine corps[)], air force, space force or 16 coast guard of the United States. 17 § 5. Paragraph a and subparagraph 2 of paragraph b of subdivision 1 of 18 section 214 of the military law, paragraph a as added by chapter 853 of 19 the laws of 1953 and subparagraph 2 of paragraph b as amended by chapter 20 625 of the laws of 1965, are amended to read as follows: 21 a. has been a commissioned officer in active service for at least 22 twenty years in the organized militia of the state of New York or in the 23 army, air force, space force, navy or marine corps of the United States 24 for at least twenty years and 25 (2) for ten consecutive years of such service immediately preceding 26 [his] such officer's retirement and transfer to the state retired list 27 as provided in this chapter, if [he] such officer has had actual combat 28 experience in time of war while in the army, air force, space force, 29 navy or marine corps of the United States or if [he] such officer has 30 served on the active list of a force or forces of the organized militia 31 for at least ten years as an enlisted [man] person and at least thirty 32 years as a commissioned officer, shall receive annually from the date of 33 [his] such officer's retirement and transfer to the state retired list 34 as provided in this chapter and during the time [he] such officer 35 remains on the state retired list seventy-five per centum of the highest 36 annual rate of compensation paid to [him] such officer by the state for 37 the performance of military or naval duty. 38 § 6. Paragraph (b) of subdivision 1 of section 243 of the military 39 law, as amended by section 71 of part PP of chapter 56 of the laws of 40 2022, is amended to read as follows: 41 (b) The term "military duty" shall mean military service in the mili- 42 tary, naval, aviation, space or marine service of the United States 43 subsequent to July first, nineteen hundred forty, or service under the 44 selective training and service act of nineteen hundred forty, or the 45 national guard and reserve officers mobilization act of nineteen hundred 46 forty, or any other act of congress supplementary or amendatory thereto, 47 or any similar act of congress hereafter enacted and irrespective of the 48 fact that such service was entered upon following a voluntary enlistment 49 therefor or was required under one of the foregoing acts of congress, or 50 service with the United States public health service as a commissioned 51 officer, or service with the American Red Cross while with the armed 52 forces of the United States on foreign service, or service with the 53 special services section of the armed forces of the United States on 54 foreign service, or service in the merchant marine which shall consist 55 of service as an officer or member of the crew on or in connection with 56 a vessel documented under the laws of the United States or a vesselS. 5190--A 4 1 owned by, chartered to, or operated by or for the account or use of the 2 government of the United States, or service by one who was employed by 3 the War Shipping Administration or Office of Defense Transportation or 4 their agents as a merchant seaman documented by the United States Coast 5 Guard or Department of Commerce, or as a civil servant employed by the 6 United States Army Transport Service (later redesignated as the United 7 States Army Transportation Corps, Water Division) or the Naval Transpor- 8 tation Service; and who served satisfactorily as a crew member during 9 the period of armed conflict, December seventh, nineteen hundred forty- 10 one, to August fifteenth, nineteen hundred forty-five, aboard merchant 11 vessels in oceangoing, i.e., foreign, intercoastal, or coastwise service 12 as such terms are defined under federal law (46 USCA 10301 & 10501) and 13 further to include "near foreign" voyages between the United States and 14 Canada, Mexico, or the West Indies via ocean routes, or public vessels 15 in oceangoing service or foreign waters and who has received a Certif- 16 icate of Release or Discharge from Active Duty and a discharge certif- 17 icate, or an Honorable Service Certificate/Report of Casualty, from the 18 Department of Defense, or who served as a United States civilian 19 employed by the American Field Service and served overseas under United 20 States Armies and United States Army Groups in world war II during the 21 period of armed conflict, December seventh, nineteen hundred forty-one 22 through May eighth, nineteen hundred forty-five, and who (i) was 23 discharged or released therefrom under honorable conditions, or (ii) has 24 a qualifying condition, as defined in section one of the veterans' 25 services law, and has received a discharge other than bad conduct or 26 dishonorable from such service, or (iii) is a discharged LGBT veteran, 27 as defined in section one of the veterans' services law, and has 28 received a discharge other than bad conduct or dishonorable from such 29 service, or who served as a United States civilian Flight Crew and 30 Aviation Ground Support Employee of Pan American World Airways or one of 31 its subsidiaries or its affiliates and served overseas as a result of 32 Pan American's contract with Air Transport Command or Naval Air Trans- 33 port Service during the period of armed conflict, December fourteenth, 34 nineteen hundred forty-one through August fourteenth, nineteen hundred 35 forty-five, and who (iv) was discharged or released therefrom under 36 honorable conditions, or (v) has a qualifying condition, as defined in 37 section one of the veterans' services law, and has received a discharge 38 other than bad conduct or dishonorable from such service, or (vi) is a 39 discharged LGBT veteran, as defined in section one of the veterans' 40 services law, and has received a discharge other than bad conduct or 41 dishonorable from such service; or service in police duty on behalf of 42 the United States government in a foreign country, if such person is a 43 police officer, as defined by section 1.20 of the criminal procedure 44 law, and if such police officer obtained the prior consent of [his or45her] their public employer to absent [himself or herself] themself from 46 [his or her] such police officer's position to engage in the performance 47 of such service; or as an enrollee in the United States maritime service 48 on active duty and, to such extent as may be prescribed by or under the 49 laws of the United States, any period awaiting assignment to such 50 service and any period of education or training for such service in any 51 school or institution under the jurisdiction of the United States 52 government, but shall not include temporary and intermittent gratuitous 53 service in any reserve or auxiliary force. It shall include time spent 54 in reporting for and returning from military duty and shall be deemed to 55 commence when the public employee leaves [his or her] their position and 56 to end when [he or she] such public employee is reinstated to [his orS. 5190--A 5 1her] their position, provided such reinstatement is within ninety days 2 after the termination of military duty, as hereinafter defined. Notwith- 3 standing the foregoing provisions of this paragraph, the term "military 4 duty" shall not include any of the foregoing services entered upon 5 voluntarily on or after January first, nineteen hundred forty-seven and 6 before June twenty-fifth, nineteen hundred fifty; and, on or after July 7 first, nineteen hundred seventy, the term "military duty" shall not 8 include any voluntary service in excess of four years performed after 9 that date, or the total of any voluntary services, additional or other- 10 wise, in excess of four years performed after that date, shall not 11 exceed five years, if the service in excess of four years is at the 12 request and for the convenience of the federal government, except if 13 such voluntary service is performed during a period of war, or national 14 emergency declared by the president. 15 § 7. Subdivision 17 of section 243 of the military law, as amended by 16 chapter 312 of the laws of 1993, is amended to read as follows: 17 17. Certificates as to service. A certificate signed by the commander, 18 total army personnel center as to persons in the army or in any branch 19 of the United States service while serving pursuant to law with the army 20 of the United States, signed by the commander, naval military personnel 21 as to persons in the United States service while serving pursuant to law 22 with the United States navy, and signed by the commandant, United States 23 marine corps, as to persons in the marine corps, or in any other branch 24 of the United States service while serving pursuant to law with the 25 marine corps, signed by the chief, air force military personnel center 26 as to persons in the United States service while serving pursuant to law 27 with the United States air force or with the United States space force, 28 or signed by an officer designated by any of them, respectively, for the 29 purpose, shall when produced be prima facie evidence as to any of the 30 following facts stated in such certificate: That a person named has not 31 been, or is, or has been in military service; the time when and the 32 place where such person entered military service, [his] such person's 33 residence at that time, and the rank, branch, and unit of such service 34 that [he] such person entered, the dates within which [he] such person 35 was in military service, the monthly pay received by such person at the 36 date of issuing the certificate, the time when and the place where such 37 person died in or was discharged from such service. It is the duty of 38 the foregoing officers to furnish such certificate on application, and 39 any such certificate when purporting to be signed by any one of such 40 officers, or by any person purporting upon the face of the certificate 41 to have been so authorized, shall be prima facie evidence of its 42 contents and of the authority of the signer to issue the same. 43 § 8. Section 63 of the public officers law, as amended by section 80 44 of part PP of chapter 56 of the laws of 2022, is amended to read as 45 follows: 46 § 63. Leave of absence for veterans on Memorial day and Veterans' day. 47 It shall be the duty of the head of every public department and of every 48 court of the state of New York, of every superintendent or foreman on 49 the public works of said state, of the county officers of the several 50 counties of said state, of the town officers of the various towns in 51 this state, of the fire district officers of the various fire districts 52 in this state, and of the head of every department, bureau and office in 53 the government of the various cities and villages in this state, and the 54 officers of any public benefit corporation or any public authority of 55 this state, or of any public benefit corporation or public authority of 56 any county or subdivision of this state, to give leave of absence withS. 5190--A 6 1 pay for twenty-four hours on the day prescribed by law as a public holi- 2 day for the observance of Memorial day and on the eleventh day of Novem- 3 ber, known as Veterans' day, to every person in the service of the 4 state, the county, the town, the fire district, the city or village, the 5 public benefit corporation or public authority of this state, or any 6 public benefit corporation or public authority of any county or subdivi- 7 sion of this state, as the case may be, (i) who served on active duty in 8 the armed forces of the United States during world war I or world war 9 II, or who was employed by the War Shipping Administration or Office of 10 Defense Transportation or their agents as a merchant seaman documented 11 by the United States Coast Guard or Department of Commerce, or as a 12 civil servant employed by the United States Army Transport Service 13 (later redesignated as the United States Army Transportation Corps, 14 Water Division) or the Naval Transportation Service; and who served 15 satisfactorily as a crew member during the period of armed conflict, 16 December seventh, nineteen hundred forty-one, to August fifteenth, nine- 17 teen hundred forty-five, aboard merchant vessels in oceangoing, i.e., 18 foreign, intercoastal, or coastwise service as such terms are defined 19 under federal law (46 USCA 10301 & 10501) and further to include "near 20 foreign" voyages between the United States and Canada, Mexico, or the 21 West Indies via ocean routes, or public vessels in oceangoing service or 22 foreign waters and who has received a Certificate of Release or 23 Discharge from Active Duty and a discharge certificate, or an Honorable 24 Service Certificate/Report of Casualty, from the Department of Defense, 25 or who served as a United States civilian employed by the American Field 26 Service and served overseas under United States Armies and United States 27 Army Groups in world war II during the period of armed conflict, Decem- 28 ber seventh, nineteen hundred forty-one through May eighth, nineteen 29 hundred forty-five, and who (a) was discharged or released therefrom 30 under honorable conditions, or (b) has a qualifying condition, as 31 defined in section one of the veterans' services law, and has received a 32 discharge other than bad conduct or dishonorable from such service, or 33 (c) is a discharged LGBT veteran, as defined in section one of the 34 veterans' services law, and has received a discharge other than bad 35 conduct or dishonorable from such service or who served as a United 36 States civilian Flight Crew and Aviation Ground Support Employee of Pan 37 American World Airways or one of its subsidiaries or its affiliates and 38 served overseas as a result of Pan American's contract with Air Trans- 39 port Command or Naval Air Transport Service during the period of armed 40 conflict, December fourteenth, nineteen hundred forty-one through August 41 fourteenth, nineteen hundred forty-five, and who (d) was discharged or 42 released therefrom under honorable conditions, or (e) has a qualifying 43 condition, as defined in section one of the veterans' services law, and 44 has received a discharge other than bad conduct or dishonorable from 45 such service, or (f) is a discharged LGBT veteran, as defined in section 46 one of the veterans' services law, and has received a discharge other 47 than bad conduct or dishonorable from such service or during the period 48 of the Korean conflict at any time between the dates of June twenty-sev- 49 enth, nineteen hundred fifty and January thirty-first, nineteen hundred 50 fifty-five, or during the period of the Vietnam conflict from the first 51 day of November, nineteen hundred fifty-five to the seventh day of May, 52 nineteen hundred seventy-five, or (ii) who served on active duty in the 53 armed forces of the United States and who was a recipient of the armed 54 forces expeditionary medal, navy expeditionary medal or marine corps 55 expeditionary medal for participation in operations in Lebanon from June 56 first, nineteen hundred eighty-three to December first, nineteen hundredS. 5190--A 7 1 eighty-seven, in Grenada from October twenty-third, nineteen hundred 2 eighty-three to November twenty-first, nineteen hundred eighty-three, or 3 in Panama from December twentieth, nineteen hundred eighty-nine to Janu- 4 ary thirty-first, nineteen hundred ninety, or (iii) who served in the 5 armed forces of a foreign country allied with the United States during 6 world war I or world war II, or during the period of the Korean conflict 7 at any time between June twenty-seventh, nineteen hundred fifty and 8 January thirty-first, nineteen hundred fifty-five, or during the period 9 of the Vietnam conflict from the first day of November, nineteen hundred 10 fifty-five to the seventh day of May, nineteen hundred seventy-five, or 11 during the period of the Persian Gulf conflict from the second day of 12 August, nineteen hundred ninety to the end of such conflict, or who 13 served on active duty in the army or navy or marine corps or air force 14 or space force or coast guard of the United States, and who (a) was 15 honorably discharged or separated from such service under honorable 16 conditions, or (b) has a qualifying condition, as defined in section one 17 of the veterans' services law, and has received a discharge other than 18 bad conduct or dishonorable from such service, or (c) is a discharged 19 LGBT veteran, as defined in section one of the veterans' services law, 20 and has received a discharge other than bad conduct or dishonorable from 21 such service except where such action would endanger the public safety 22 or the safety or health of persons cared for by the state, in which 23 event such persons shall be entitled to leave of absence with pay on 24 another day in lieu thereof. All such persons who are compensated on a 25 per diem, hourly, semi-monthly or monthly basis, with or without mainte- 26 nance, shall also be entitled to leave of absence with pay under the 27 provisions of this section and no deduction in vacation allowance or 28 budgetary allowable number of working days shall be made in lieu there- 29 of. A refusal to give such leave of absence to one entitled thereto 30 shall be neglect of duty. 31 § 9. Subdivision 6 of section 210 of the economic development law, as 32 amended by section 33 of part PP of chapter 56 of the laws of 2022, is 33 amended to read as follows: 34 6. "Veteran" shall mean a person who served in the United States army, 35 navy, air force, space force, marines, coast guard, and/or reserves 36 thereof, and/or in the army national guard, air national guard, New York 37 guard and/or New York naval militia and who (a) has received an honor- 38 able or general discharge from such service, or (b) has a qualifying 39 condition, as defined in section one of the veterans' services law, and 40 has received a discharge other than bad conduct or dishonorable from 41 such service, or (c) is a discharged LGBT veteran, as defined in section 42 one of the veterans' services law, and has received a discharge other 43 than bad conduct or dishonorable from such service. 44 § 10. Paragraph (b) of subdivision 5 of section 50 of the civil 45 service law, as amended by section 1 of part EE of chapter 55 of the 46 laws of 2023, is amended to read as follows: 47 (b) Notwithstanding the provisions of paragraph (a) of this subdivi- 48 sion, the state civil service department, subject to the approval of the 49 director of the budget, a municipal commission, subject to the approval 50 of the governing board or body of the city or county, as the case may 51 be, or a regional commission or personnel officer, pursuant to govern- 52 mental agreement, may elect to waive application fees, or to abolish 53 fees for specific classes of positions or types of examinations or 54 candidates, or to establish a uniform schedule of reasonable fees 55 different from those prescribed in paragraph (a) of this subdivision, 56 specifying in such schedule the classes of positions or types of exam-S. 5190--A 8 1 inations or candidates to which such fees shall apply; provided, howev- 2 er, that fees shall be waived for candidates who certify to the state 3 civil service department, a municipal commission or a regional commis- 4 sion that they are unemployed and primarily responsible for the support 5 of a household, or are receiving public assistance. Provided further, 6 the state civil service department shall waive the state application fee 7 for examinations for original appointment for all veterans. Provided 8 further, the state civil service department shall, and a municipal 9 commission may, subject to the approval of the governing board or body 10 of the city or county, as the case may be, or a regional commission or 11 personnel officer, pursuant to governmental agreement, waive application 12 fees for all examinations held between July first, two thousand twenty- 13 three and December thirty-first, two thousand twenty-five. Notwithstand- 14 ing any other provision of law, for purposes of this section, the term 15 "veteran" shall mean a person who has served in the armed forces of the 16 United States or the reserves thereof, or in the army national guard, 17 air national guard, New York guard, or the New York naval militia, and 18 who (1) has been honorably discharged or released from such service 19 under honorable conditions, or (2) has a qualifying condition, as 20 defined in section one of the veterans' services law, and has received a 21 discharge other than bad conduct or dishonorable from such service, or 22 (3) is a discharged LGBT veteran, as defined in section one of the 23 veterans' services law, and has received a discharge other than bad 24 conduct or dishonorable from such service. The term "armed forces" shall 25 mean the army, navy, air force, space force, marine corps, and coast 26 guard. 27 § 11. Paragraph (b) of subdivision 5 of section 50 of the civil 28 service law, as amended by section 35 of part PP of chapter 56 of the 29 laws of 2022, is amended to read as follows: 30 (b) Notwithstanding the provisions of paragraph (a) of this subdivi- 31 sion, the state civil service department, subject to the approval of the 32 director of the budget, a municipal commission, subject to the approval 33 of the governing board or body of the city or county, as the case may 34 be, or a regional commission or personnel officer, pursuant to govern- 35 mental agreement, may elect to waive application fees, or to abolish 36 fees for specific classes of positions or types of examinations or 37 candidates, or to establish a uniform schedule of reasonable fees 38 different from those prescribed in paragraph (a) of this subdivision, 39 specifying in such schedule the classes of positions or types of exam- 40 inations or candidates to which such fees shall apply; provided, howev- 41 er, that fees shall be waived for candidates who certify to the state 42 civil service department, a municipal commission or a regional commis- 43 sion that they are unemployed and primarily responsible for the support 44 of a household, or are receiving public assistance. Provided further, 45 the state civil service department shall waive the state application fee 46 for examinations for original appointment for all veterans. Notwith- 47 standing any other provision of law, for purposes of this section, the 48 term "veteran" shall mean a person who has served in the armed forces of 49 the United States or the reserves thereof, or in the army national 50 guard, air national guard, New York guard, or the New York naval mili- 51 tia, and who (1) has been honorably discharged or released from such 52 service under honorable conditions, or (2) has a qualifying condition, 53 as defined in section one of the veterans' services law, and has 54 received a discharge other than bad conduct or dishonorable from such 55 service, or (3) is a discharged LGBT veteran, as defined in section one 56 of the veterans' services law, and has received a discharge other thanS. 5190--A 9 1 bad conduct or dishonorable from such service. The term "armed forces" 2 shall mean the army, navy, air force, space force, marine corps, and 3 coast guard. 4 § 12. Paragraph (e) of subdivision 1 of section 458-a of the real 5 property tax law, as amended by chapter 611 of the laws of 2023, is 6 amended to read as follows: 7 (e) "Veteran" means a person (i) who served in the active military, 8 naval, space, or air service during a period of war, or who was a recip- 9 ient of the armed forces expeditionary medal, navy expeditionary medal, 10 marine corps expeditionary medal, or global war on terrorism expedition- 11 ary medal, and who (1) was discharged or released therefrom under honor- 12 able conditions, or (2) has a qualifying condition, as defined in 13 section one of the veterans' services law, and has received a discharge 14 other than bad conduct or dishonorable from such service, or (3) is a 15 discharged LGBT veteran, as defined in section one of the veterans' 16 services law, and has received a discharge other than bad conduct or 17 dishonorable from such service, (ii) who was employed by the War Ship- 18 ping Administration or Office of Defense Transportation or their agents 19 as a merchant seaman documented by the United States Coast Guard or 20 Department of Commerce, or as a civil servant employed by the United 21 States Army Transport Service (later redesignated as the United States 22 Army Transportation Corps, Water Division) or the Naval Transportation 23 Service; and who served satisfactorily as a crew member during the peri- 24 od of armed conflict, December seventh, nineteen hundred forty-one, to 25 August fifteenth, nineteen hundred forty-five, aboard merchant vessels 26 in oceangoing, i.e., foreign, intercoastal, or coastwise service as such 27 terms are defined under federal law (46 USCA 10301 & 10501) and further 28 to include "near foreign" voyages between the United States and Canada, 29 Mexico, or the West Indies via ocean routes, or public vessels in ocean- 30 going service or foreign waters and who has received a Certificate of 31 Release or Discharge from Active Duty and a discharge certificate, or an 32 Honorable Service Certificate/Report of Casualty, from the department of 33 defense, (iii) who served as a United States civilian employed by the 34 American Field Service and served overseas under United States Armies 35 and United States Army Groups in world war II during the period of armed 36 conflict, December seventh, nineteen hundred forty-one through May 37 eighth, nineteen hundred forty-five, and who (1) was discharged or 38 released therefrom under honorable conditions, or (2) has a qualifying 39 condition, as defined in section one of the veterans' services law, and 40 has received a discharge other than bad conduct or dishonorable from 41 such service, or (3) is a discharged LGBT veteran, as defined in section 42 one of the veterans' services law, and has received a discharge other 43 than bad conduct or dishonorable from such service, (iv) who served as a 44 United States civilian Flight Crew and Aviation Ground Support Employee 45 of Pan American World Airways or one of its subsidiaries or its affil- 46 iates and served overseas as a result of Pan American's contract with 47 Air Transport Command or Naval Air Transport Service during the period 48 of armed conflict, December fourteenth, nineteen hundred forty-one 49 through August fourteenth, nineteen hundred forty-five, and who (1) was 50 discharged or released therefrom under honorable conditions, or (2) has 51 a qualifying condition, as defined in section one of the veterans' 52 services law, and has received a discharge other than bad conduct or 53 dishonorable from such service, or (3) is a discharged LGBT veteran, 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, (v) 56 notwithstanding any other provision of law to the contrary, who areS. 5190--A 10 1 members of the reserve components of the armed forces of the United 2 States who (1) received an honorable discharge or release therefrom 3 under honorable conditions, or (2) has a qualifying condition, as 4 defined in section one of the veterans' services law, and has received a 5 discharge other than bad conduct or dishonorable from such service, or 6 (3) is a discharged LGBT veteran, as defined in section one of the 7 veterans' services law, and has received a discharge other than bad 8 conduct or dishonorable from such service, but are still members of the 9 reserve components of the armed forces of the United States provided 10 that such members meet all other qualifications under the provisions of 11 this section, or (vi) who shall be considered to have been discharged or 12 released from active military service of the United States under honor- 13 able conditions if: (1) the individual served in the active military 14 service of the United States for the period of time such individual was 15 obligated to serve at the time of entry into service; (2) the individual 16 was not discharged or released from such service at the time of complet- 17 ing such period of obligation due to an intervening enlistment or reen- 18 listment; (3) the individual would have been eligible for a discharge or 19 release under conditions other than dishonorable at such time except for 20 such intervening enlistment or reenlistment; and (4) the individual 21 served in the active military service of the United States for a period 22 of at least ten years, provided that such individual meets all other 23 qualifications under the provisions of this section. 24 § 13. Paragraph b of subdivision 1 of section 250-a of the military 25 law, as added by chapter 465 of the laws of 2013, is amended to read as 26 follows: 27 b. In the event the governor orders the flags of the United States and 28 the State of New York, to be lowered to half staff, in memorial of the 29 death of any service member of the army, navy (including marine corps), 30 air force, space force, or coast guard of the United States, or any 31 service member of the army national guard, air national guard, state 32 guard or naval militia, the adjutant general, shall, in cooperation with 33 the office of general services, arrange for the procurement of a flag of 34 the United States and a flag of the State of New York, which were flying 35 over the capitol building at the time such flags were lowered to half 36 staff in compliance with the governor's order. Upon the procurement of 37 such flags, the adjutant general, or [his or her] their representative, 38 shall offer the presentment of such flags, without cost, to the person 39 designated to dispose of the remains of the service member, in whose 40 honor such flags were lowered in memorial. 41 § 14. This act shall take effect immediately; provided, however, that 42 the amendments to paragraph (b) of subdivision 5 of section 50 of the 43 civil service law made by section ten of this act shall be subject to 44 the expiration and reversion of such paragraph pursuant to section 2 of 45 part EE of chapter 55 of the laws of 2023, when upon such date the 46 provisions of section eleven of this act shall take effect.
