Bill Text: NY S05190 | 2023-2024 | General Assembly | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
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-Introduced.html
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-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 5190 2023-2024 Regular Sessions IN SENATE February 27, 2023 ___________ Introduced by Sen. SKOUFIS -- read twice and ordered printed, and when printed to be committed to the Committee on Veterans, Homeland Securi- ty and Military Affairs AN ACT to amend the general construction law, the executive law, the veterans' services law, the election law, the military law, the insur- ance law, the private housing finance 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 benefits 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 chapter 490 of the laws of 2019, is amended to read as follows: 3 § 13-a. Armed forces of the United States. "Armed forces of the United 4 States" means the army, navy, marine corps, air force, space force and 5 coast guard, including all components thereof, and the national guard 6 when in the service of the United States pursuant to call as provided by 7 law. Pursuant to this definition no person shall be considered a member 8 or veteran of the armed forces of the United States unless his or her 9 service therein is or was on a full-time active duty basis, other than 10 active duty for training or he or she was employed by the War Shipping 11 Administration or Office of Defense Transportation or their agents as a 12 merchant seaman documented by the United States Coast Guard or Depart- 13 ment of Commerce, or as a civil servant employed by the United States 14 Army Transport Service (later redesignated as the United States Army 15 Transportation Corps, Water Division) or the Naval Transportation 16 Service; and who served satisfactorily as a crew member during the peri- 17 od of armed conflict, December seventh, nineteen hundred forty-one, to 18 August fifteenth, nineteen hundred forty-five, aboard merchant vessels 19 in oceangoing, i.e., foreign, intercoastal, or coastwise service as such EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD06758-01-3S. 5190 2 1 terms are defined under federal law (46 USCA 10301 & 10501) and further 2 to include "near foreign" voyages between the United States and Canada, 3 Mexico, or the West Indies via ocean routes, or public vessels in ocean- 4 going service or foreign waters and who has received a Certificate of 5 Release or Discharge from Active Duty and a discharge certificate, or an 6 Honorable Service Certificate/Report of Casualty, from the Department of 7 Defense or he or she served as a United States civilian employed by the 8 American Field Service and served overseas under United States Armies 9 and United States Army Groups in world war II during the period of armed 10 conflict, December seventh, nineteen hundred forty-one through May 11 eighth, nineteen hundred forty-five, and (i) was discharged or released 12 therefrom under honorable conditions, or (ii) has a qualifying condi- 13 tion, as defined in section three hundred fifty of the executive law, 14 and has received a discharge other than bad conduct or dishonorable from 15 such service, or (iii) is a discharged LGBT veteran, as defined in 16 section three hundred fifty of the executive law, and has received a 17 discharge other than bad conduct or dishonorable from such service, or 18 he or she served as a United States civilian Flight Crew and Aviation 19 Ground Support Employee of Pan American World Airways or one of its 20 subsidiaries or its affiliates and served overseas as a result of Pan 21 American's contract with Air Transport Command or Naval Air Transport 22 Service during the period of armed conflict, December fourteenth, nine- 23 teen hundred forty-one through August fourteenth, nineteen hundred 24 forty-five, and (iv) was discharged or released therefrom under honor- 25 able conditions, or (v) has a qualifying condition, as defined in 26 section three hundred fifty of the executive law, and has received a 27 discharge other than bad conduct or dishonorable from such service, or 28 (vi) is a discharged LGBT veteran, as defined in section three hundred 29 fifty of the executive law, and has received a discharge other than bad 30 conduct or dishonorable from such service. 31 § 2. Section 13-a of the general construction law, as amended by 32 section 60 of part PP of chapter 56 of the laws of 2022, is amended to 33 read as follows: 34 § 13-a. Armed forces of the United States. "Armed forces of the United 35 States" means the army, navy, marine corps, air force, space force and 36 coast guard, including all components thereof, and the national guard 37 when in the service of the United States pursuant to call as provided by 38 law. Pursuant to this definition no person shall be considered a member 39 or veteran of the armed forces of the United States unless his or her 40 service therein is or was on a full-time active duty basis, other than 41 active duty for training or he or she was employed by the War Shipping 42 Administration or Office of Defense Transportation or their agents as a 43 merchant seaman documented by the United States Coast Guard or Depart- 44 ment of Commerce, or as a civil servant employed by the United States 45 Army Transport Service (later redesignated as the United States Army 46 Transportation Corps, Water Division) or the Naval Transportation 47 Service; and who served satisfactorily as a crew member during the peri- 48 od of armed conflict, December seventh, nineteen hundred forty-one, to 49 August fifteenth, nineteen hundred forty-five, aboard merchant vessels 50 in oceangoing, i.e., foreign, intercoastal, or coastwise service as such 51 terms are defined under federal law (46 USCA 10301 & 10501) and further 52 to include "near foreign" voyages between the United States and Canada, 53 Mexico, or the West Indies via ocean routes, or public vessels in ocean- 54 going service or foreign waters and who has received a Certificate of 55 Release or Discharge from Active Duty and a discharge certificate, or an 56 Honorable Service Certificate/Report of Casualty, from the Department ofS. 5190 3 1 Defense or he or she served as a United States civilian employed by the 2 American Field Service and served overseas under United States Armies 3 and United States Army Groups in world war II during the period of armed 4 conflict, December seventh, nineteen hundred forty-one through May 5 eighth, nineteen hundred forty-five, and (i) was discharged or released 6 therefrom under honorable conditions, or (ii) has a qualifying condi- 7 tion, as defined in section one of the veterans' services law, and has 8 received a discharge other than bad conduct or dishonorable from such 9 service, or (iii) is a discharged LGBT veteran, as defined in section 10 one of the veterans' services law, and has received a discharge other 11 than bad conduct or dishonorable from such service, or he or she 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 (iv) was 18 discharged or released therefrom under honorable conditions, or (v) has 19 a qualifying condition, as defined in section one of the veterans' 20 services law, and has received a discharge other than bad conduct or 21 dishonorable from such service, or (vi) is a discharged LGBT veteran, as 22 defined in section one of the veterans' services law, and has received a 23 discharge other than bad conduct or dishonorable from such service. 24 § 3. Subdivisions 3, 4, and 9 of section 350 of the executive law, 25 subdivision 9 as added by chapter 490 of the laws of 2019, are amended 26 and five new subdivisions 10, 11, 12, 13 and 14 are added to read as 27 follows: 28 3. The term "veteran" means a person, [male or female, resident of29this state,] who has served in the active military [or], naval, air, or 30 space service of the United States [during a war in which the United31States engaged] and who [has been released from such service otherwise32than by dishonorable discharge,] or [who has been furloughed to the33reserve] was discharged or released therefrom under conditions other 34 than dishonorable. 35 4. The term "armed forces" means the [military and naval forces of the36United States] army, navy, air force, marine corps, space force and 37 coast guard. 38 9. The term "discharged LGBT veteran" means a veteran who was 39 discharged less than honorably from military [or] naval or air service 40 due to their sexual orientation or gender identity or expression, as 41 those terms are defined in section two hundred ninety-two of this chap- 42 ter, or statements, consensual sexual conduct, or consensual acts relat- 43 ing to sexual orientation, gender identity or expression, or the disclo- 44 sure of such statements, conduct, or acts, that were prohibited by the 45 military [or], naval or air service at the time of discharge. The divi- 46 sion shall establish a consistent and uniform process to determine 47 whether a veteran qualifies as a discharged LGBT veteran under this 48 subdivision, including, at a minimum, standards for verifying a veter- 49 an's status as a discharged LGBT veteran, and a method of demonstrating 50 eligibility as a discharged LGBT veteran. 51 10. The term "discharge or release" includes: (a) retirement from the 52 active military, naval, air, or space service; and (b) the satisfactory 53 completion of the period of active military, naval, air, or space 54 service for which a person was obligated at the time of the entry into 55 such service in the case of a person, who due to the enlistment or 56 re-enlistment was not awarded a discharge or release from such period ofS. 5190 4 1 service at the time of such completion thereof and who, at such time, 2 would otherwise have been eligible for the award of discharge or 3 released under conditions other than dishonorable. 4 11. The term "active duty" means: (a) a full-time duty in the armed 5 forces other than active duty for training; or (b) full-time duty (other 6 than for training purposes) as a commissioned officer of the regular or 7 reserve corps of the public health service; or (c) full-time duty as a 8 commissioned officer of the national oceanic and atmospheric adminis- 9 tration or its predecessor organization; or (d) service as a cadet at 10 the United States military, air force or coast guard academy or as a 11 midshipman at the United States naval academy in cases where such cadet 12 or midshipman completed the course of study; or (e) authorized travel to 13 or from such duty or service. 14 12. The term "reserve" means a member of a reserve component of the 15 armed forces. 16 13. The term "reserve component" means with respect of the armed forc- 17 es: (a) the army reserve; (b) the navy reserve; (c) the marine corps 18 reserve; (d) the air force reserve; (e) the coast guard reserve; (f) the 19 army national guard of the United States; and (g) the air national guard 20 of the United States. 21 14. The term "uniformed services" means: (a) the armed forces; (b) the 22 commissioned corps of the national oceanic and atmospheric adminis- 23 tration; and (c) the commissioned corps of the United States public 24 health service. 25 § 4. Section 1 of the veterans' services law is amended by adding five 26 new subdivisions 10, 11, 12, 13 and 14 to read as follows: 27 10. The term "discharge or release" includes: (a) retirement from the 28 active military, naval, air, or space service; and (b) the satisfactory 29 completion of the period of active military, naval, air, or space 30 service for which a person was obligated at the time of the entry into 31 such service in the case of a person, who due to the enlistment or 32 re-enlistment was not awarded a discharge or release from such period of 33 service at the time of such completion thereof and who, at such time, 34 would otherwise have been eligible for the award of discharge or 35 released under conditions other than dishonorable. 36 11. The term "active duty" means: (a) a full-time duty in the armed 37 forces other than active duty for training; or (b) full-time duty (other 38 than for training purposes) as a commissioned officer of the regular or 39 reserve corps of the public health service; or (c) full-time duty as a 40 commissioned officer of the national oceanic and atmospheric adminis- 41 tration or its predecessor organization; or (d) service as a cadet at 42 the United States military, air force or coast guard academy or as a 43 midshipman at the United States naval academy in cases where such cadet 44 or midshipman completed the course of study; or (e) authorized travel to 45 or from such duty or service. 46 12. The term "reserve" means a member of a reserve component of the 47 armed forces. 48 13. The term "reserve component" means with respect of the armed forc- 49 es: (a) the army reserve; (b) the navy reserve; (c) the marine corps 50 reserve; (d) the air force reserve; (e) the coast guard reserve; (f) the 51 army national guard of the United States; and (g) the air national guard 52 of the United States. 53 14. The term "uniformed services" means: (a) the armed forces; (b) the 54 commissioned corps of the national oceanic and atmospheric adminis- 55 tration; and (c) the commissioned corps of the United States public 56 health service.S. 5190 5 1 § 5. Subdivision 3 of section 369-b of the executive law, as added by 2 chapter 557 of the laws of 2013, is amended to read as follows: 3 3. "Veteran" shall mean an individual who served on active duty in the 4 United States army, navy, marine corps, air force, space force, coast 5 guard or the reserves component, or who served in active military 6 service of the United States as a member of the army national guard, air 7 national guard, New York guard or New York naval militia, who was 8 released from such service otherwise then by dishonorable discharge 9 after September eleventh, two thousand one. 10 § 6. Subdivisions 5 and 7 of section 369-h of the executive law, 11 subdivision 5 as added by chapter 22 of the laws of 2014 and subdivision 12 7 as amended by chapter 490 of the laws of 2019, are amended to read as 13 follows: 14 5. "Service-disabled veteran" shall mean (a) in the case of the United 15 States army, navy, air force, space force, marines, coast guard, army 16 national guard or air national guard and/or reserves thereof, a veteran 17 who received a compensation rating of ten percent or greater from the 18 United States department of veterans affairs or from the United States 19 department of defense because of a service-connected disability incurred 20 in the line of duty, and (b) in the case of the New York guard or the 21 New York naval militia and/or reserves thereof, a veteran who certifies, 22 pursuant to the rules and regulations promulgated by the director, to 23 having incurred an injury equivalent to a compensation rating of ten 24 percent or greater from the United States department of veterans affairs 25 or from the United States department of defense because of a service- 26 connected disability incurred in the line of duty. 27 7. "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 the New York naval militia, and who (i) has received an 31 honorable or general discharge from such service, or (ii) has a qualify- 32 ing condition, as defined in section three hundred fifty of this chap- 33 ter, and has received a discharge other than bad conduct or dishonorable 34 from such service, or (iii) is a discharged LGBT veteran, as defined in 35 section three hundred fifty of this chapter, and has received a 36 discharge other than bad conduct or dishonorable from such service. 37 § 7. Paragraph (a) of subdivision 3 of section 365 of the executive 38 law, as added by section 5 of part W of chapter 57 of the laws of 2013, 39 is amended to read as follows: 40 (a) For each New York state veterans cemetery there shall be a manage- 41 ment board. Each such management board shall consist of nine members, 42 including the director of the division who shall serve as chair, and 43 four members, appointed by the governor. Of such four members, not fewer 44 than two shall be a veteran of the United States army, the United States 45 navy, the United States air force, the United States space force, the 46 United States marines, the New York army national guard, the New York 47 air national guard, the New York naval militia, or a member who has 48 served in a theater of combat operations of the United States coast 49 guard or the United States merchant marine. Two members shall be 50 appointed by the temporary president of the senate, and two members 51 shall be appointed by the speaker of the state assembly. At least one of 52 the members appointed by the temporary president of the senate and at 53 least one of the members appointed by the speaker of the assembly shall 54 be a veteran of the United States army, the United States navy, the 55 United States air force, the United States marines, the New York army 56 national guard, the New York air national guard, the New York navalS. 5190 6 1 militia, or a member who has served in a theater of combat operations of 2 the United States coast guard or the United States merchant marine. No 3 member shall receive any compensation for his or her service, but 4 members who are not state officials may be reimbursed for their actual 5 and necessary expenses, including travel expenses incurred in perform- 6 ance of their duties. The management board may consult with any federal, 7 state or local entity for the purposes of advancing its purposes, 8 mission and duties. 9 § 8. Subdivision 1 of section 10-102 of the election law, as amended 10 by chapter 104 of the laws of 2010, is amended to read as follows: 11 1. "Military service" means the military service of the state, or of 12 the United States, including the army, navy, marine corps, air force, 13 space force, coast guard, merchant marine and all components thereof, 14 and the coast and geodetic survey, the public health service, the 15 national guard when in the service of the United States pursuant to call 16 as provided by law, and the cadets or midshipmen of the United States 17 Military Academy, United States Naval Academy, United States Air Force 18 Academy and United States Coast Guard Academy. 19 § 9. Subsection (a) of section 3435-a of the insurance law, as amended 20 by chapter 416 of the laws of 1996, is amended to read as follows: 21 (a) Insurers shall be prohibited from refusing to issue a motor vehi- 22 cle liability insurance policy to any person with a valid New York state 23 driver's license which has been maintained by such person for at least 24 thirty-nine months prior to the time of application for such policy of 25 insurance solely on the basis that such person has not owned or leased a 26 vehicle during such period, unless such decision is based on sound 27 underwriting and actuarial principles reasonably related to actual or 28 anticipated loss experience. Provided, however, that an applicant demon- 29 strating a continuous, valid out-of-state or out-of-country driver's 30 license during such thirty-nine month period due to active service in 31 the United States army, navy, air force, space force or marines shall be 32 treated as if continuous licensing had been maintained in New York and 33 such person shall not be rejected based solely on the fact that he or 34 she served in the military. 35 § 10. Subdivisions 3, 4, and 8 of section 1 of the military law, as 36 amended by section 112 of the laws of 1989, are amended to read as 37 follows: 38 3. The terms "military" and "military and naval" shall mean army or 39 land, air or air force, space force and navy or naval. 40 4. The terms "military or naval" and "military (including air) or 41 naval" shall mean army or land, air or air force, space force or navy or 42 naval. 43 8. The terms "active military service of the United States" and "in 44 the armed forces of the United States" shall mean full time duty in the 45 army, navy [(including], marine corps[)], air force, space force or 46 coast guard of the United States. 47 § 11. Paragraph a and subparagraph 2 of paragraph b of subdivision 1 48 of section 214 of the military law, paragraph a as added by chapter 853 49 of the laws of 1953 and subparagraph 2 of paragraph b as amended by 50 chapter 625 of the laws of 1965, are amended to read as follows: 51 a. has been a commissioned officer in active service for at least 52 twenty years in the organized militia of the state of New York or in the 53 army, air force, space force, navy or marine corps of the United States 54 for at least twenty years and 55 (2) for ten consecutive years of such service immediately preceding 56 his retirement and transfer to the state retired list as provided inS. 5190 7 1 this chapter, if he has had actual combat experience in time of war 2 while in the army, air force, space force, navy or marine corps of the 3 United States or if he has served on the active list of a force or forc- 4 es of the organized militia for at least ten years as an enlisted man 5 and at least thirty years as a commissioned officer, shall receive annu- 6 ally from the date of his retirement and transfer to the state retired 7 list as provided in this chapter and during the time he remains on the 8 state retired list seventy-five per centum of the highest annual rate of 9 compensation paid to him by the state for the performance of military or 10 naval duty. 11 § 12. Subdivision 3 of section 1271 of the private housing finance 12 law, as amended by chapter 490 of the laws of 2019, is amended to read 13 as follows: 14 3. "Veteran" shall mean a resident of this state who (a) has served in 15 the United States army, navy, marine corps, air force, space force or 16 coast guard or (b) has served on active duty or ordered to active duty 17 as defined in 10 USC 101 (d)(1) as a member of the national guard or 18 other reserve component of the armed forces of the United States or (c) 19 has served on active duty or ordered to active duty for the state, as a 20 member of the state organized militia as defined in subdivision nine of 21 section one of the military law, and has been released from such service 22 documented by an honorable or general discharge, or has a qualifying 23 condition, as defined in section three hundred fifty of the executive 24 law, and has received a discharge other than bad conduct or dishonorable 25 from such service, or is a discharged LGBT veteran, as defined in 26 section three hundred fifty of the executive law, and has received a 27 discharge other than bad conduct or dishonorable from such service. 28 § 13. Subdivision 17 of section 243 of the military law, as amended by 29 chapter 312 of the laws of 1993, is amended to read as follows: 30 17. Certificates as to service. A certificate signed by the commander, 31 total army personnel center as to persons in the army or in any branch 32 of the United States service while serving pursuant to law with the army 33 of the United States, signed by the commander, naval military personnel 34 as to persons in the United States service while serving pursuant to law 35 with the United States navy, and signed by the commandant, United States 36 marine corps, as to persons in the marine corps, or in any other branch 37 of the United States service while serving pursuant to law with the 38 marine corps, signed by the chief, air force military personnel center 39 as to persons in the United States service while serving pursuant to law 40 with the United States air force, space force personnel center as to 41 persons in the space force or in any other branch of the United States 42 service while serving pursuant to law with the space force of the United 43 States, or signed by an officer designated by any of them, respectively, 44 for the purpose, shall when produced be prima facie evidence as to any 45 of the following facts stated in such certificate: That a person named 46 has not been, or is, or has been in military service; the time when and 47 the place where such person entered military service, his residence at 48 that time, and the rank, branch, and unit of such service that he 49 entered, the dates within which he was in military service, the monthly 50 pay received by such person at the date of issuing the certificate, the 51 time when and the place where such person died in or was discharged from 52 such service. It is the duty of the foregoing officers to furnish such 53 certificate on application, and any such certificate when purporting to 54 be signed by any one of such officers, or by any person purporting upon 55 the face of the certificate to have been so authorized, shall be primaS. 5190 8 1 facie evidence of its contents and of the authority of the signer to 2 issue the same. 3 § 14. Section 63 of the public officers law, as amended by chapter 606 4 of the laws of 2021, is amended to read as follows: 5 § 63. Leave of absence for veterans on Memorial day and Veterans' day. 6 It shall be the duty of the head of every public department and of every 7 court of the state of New York, of every superintendent or foreman on 8 the public works of said state, of the county officers of the several 9 counties of said state, of the town officers of the various towns in 10 this state, of the fire district officers of the various fire districts 11 in this state, and of the head of every department, bureau and office in 12 the government of the various cities and villages in this state, and the 13 officers of any public benefit corporation or any public authority of 14 this state, or of any public benefit corporation or public authority of 15 any county or subdivision of this state, to give leave of absence with 16 pay for twenty-four hours on the day prescribed by law as a public holi- 17 day for the observance of Memorial day and on the eleventh day of Novem- 18 ber, known as Veterans' day, to every person in the service of the 19 state, the county, the town, the fire district, the city or village, the 20 public benefit corporation or public authority of this state, or any 21 public benefit corporation or public authority of any county or subdivi- 22 sion of this state, as the case may be, (i) who served on active duty in 23 the armed forces of the United States during world war I or world war 24 II, or who was employed by the War Shipping Administration or Office of 25 Defense Transportation or their agents as a merchant seaman documented 26 by the United States Coast Guard or Department of Commerce, or as a 27 civil servant employed by the United States Army Transport Service 28 (later redesignated as the United States Army Transportation Corps, 29 Water Division) or the Naval Transportation Service; and who served 30 satisfactorily as a crew member during the period of armed conflict, 31 December seventh, nineteen hundred forty-one, to August fifteenth, nine- 32 teen hundred forty-five, aboard merchant vessels in oceangoing, i.e., 33 foreign, intercoastal, or coastwise service as such terms are defined 34 under federal law (46 USCA 10301 & 10501) and further to include "near 35 foreign" voyages between the United States and Canada, Mexico, or the 36 West Indies via ocean routes, or public vessels in oceangoing service or 37 foreign waters and who has received a Certificate of Release or 38 Discharge from Active Duty and a discharge certificate, or an Honorable 39 Service Certificate/Report of Casualty, from the Department of Defense, 40 or who served as a United States civilian employed by the American Field 41 Service and served overseas under United States Armies and United States 42 Army Groups in world war II during the period of armed conflict, Decem- 43 ber seventh, nineteen hundred forty-one through May eighth, nineteen 44 hundred forty-five, and who (a) was discharged or released therefrom 45 under honorable conditions, or (b) has a qualifying condition, as 46 defined in section three hundred fifty of the executive law, and has 47 received a discharge other than bad conduct or dishonorable from such 48 service, or (c) is a discharged LGBT veteran, as defined in section 49 three hundred fifty of the executive law, and has received a discharge 50 other than bad conduct or dishonorable from such service or who served 51 as a United States civilian Flight Crew and Aviation Ground Support 52 Employee of Pan American World Airways or one of its subsidiaries or its 53 affiliates and served overseas as a result of Pan American's contract 54 with Air Transport Command or Naval Air Transport Service during the 55 period of armed conflict, December fourteenth, nineteen hundred forty- 56 one through August fourteenth, nineteen hundred forty-five, and who (d)S. 5190 9 1 was discharged or released therefrom under honorable conditions, or (e) 2 has a qualifying condition, as defined in section three hundred fifty of 3 the executive law, and has received a discharge other than bad conduct 4 or dishonorable from such service, or (f) is a discharged LGBT veteran, 5 as defined in section three hundred fifty of the executive law, and has 6 received a discharge other than bad conduct or dishonorable from such 7 service or during the period of the Korean conflict at any time between 8 the dates of June twenty-seventh, nineteen hundred fifty and January 9 thirty-first, nineteen hundred fifty-five, or during the period of the 10 Vietnam conflict from the [twenty-eighth day of February, nineteen11hundred sixty-one] first day of November, nineteen hundred fifty-five to 12 the seventh day of May, nineteen hundred seventy-five, or (ii) who 13 served on active duty in the armed forces of the United States and who 14 was a recipient of the armed forces expeditionary medal, navy expedi- 15 tionary medal or marine corps expeditionary medal for participation in 16 operations in Lebanon from June first, nineteen hundred eighty-three to 17 December first, nineteen hundred eighty-seven, in Grenada from October 18 twenty-third, nineteen hundred eighty-three to November twenty-first, 19 nineteen hundred eighty-three, or in Panama from December twentieth, 20 nineteen hundred eighty-nine to January thirty-first, nineteen hundred 21 ninety, or (iii) who served in the armed forces of a foreign country 22 allied with the United States during world war I or world war II, or 23 during the period of the Korean conflict at any time between June twen- 24 ty-seventh, nineteen hundred fifty and January thirty-first, nineteen 25 hundred fifty-five, or during the period of the Vietnam conflict from 26 the first day of November, nineteen hundred fifty-five to the seventh 27 day of May, nineteen hundred seventy-five, or during the period of the 28 Persian Gulf conflict from the second day of August, nineteen hundred 29 ninety to the end of such conflict, or who served on active duty in the 30 army or navy or marine corps or air force or space force or coast guard 31 of the United States, and who (a) was honorably discharged or separated 32 from such service under honorable conditions, or (b) has a qualifying 33 condition, as defined in section three hundred fifty of the executive 34 law, and has received a discharge other than bad conduct or dishonorable 35 from such service, or (c) is a discharged LGBT veteran, as defined in 36 section three hundred fifty of the executive law, and has received a 37 discharge other than bad conduct or dishonorable from such service 38 except where such action would endanger the public safety or the safety 39 or health of persons cared for by the state, in which event such persons 40 shall be entitled to leave of absence with pay on another day in lieu 41 thereof. All such persons who are compensated on a per diem, hourly, 42 semi-monthly or monthly basis, with or without maintenance, shall also 43 be entitled to leave of absence with pay under the provisions of this 44 section and no deduction in vacation allowance or budgetary allowable 45 number of working days shall be made in lieu thereof. A refusal to give 46 such leave of absence to one entitled thereto shall be neglect of duty. 47 § 15. Section 63 of the public officers law, as amended by section 80 48 of part PP of chapter 56 of the laws of 2022, is amended to read as 49 follows: 50 § 63. Leave of absence for veterans on Memorial day and Veterans' day. 51 It shall be the duty of the head of every public department and of every 52 court of the state of New York, of every superintendent or foreman on 53 the public works of said state, of the county officers of the several 54 counties of said state, of the town officers of the various towns in 55 this state, of the fire district officers of the various fire districts 56 in this state, and of the head of every department, bureau and office inS. 5190 10 1 the government of the various cities and villages in this state, and the 2 officers of any public benefit corporation or any public authority of 3 this state, or of any public benefit corporation or public authority of 4 any county or subdivision of this state, to give leave of absence with 5 pay for twenty-four hours on the day prescribed by law as a public holi- 6 day for the observance of Memorial day and on the eleventh day of Novem- 7 ber, known as Veterans' day, to every person in the service of the 8 state, the county, the town, the fire district, the city or village, the 9 public benefit corporation or public authority of this state, or any 10 public benefit corporation or public authority of any county or subdivi- 11 sion of this state, as the case may be, (i) who served on active duty in 12 the armed forces of the United States during world war I or world war 13 II, or who was employed by the War Shipping Administration or Office of 14 Defense Transportation or their agents as a merchant seaman documented 15 by the United States Coast Guard or Department of Commerce, or as a 16 civil servant employed by the United States Army Transport Service 17 (later redesignated as the United States Army Transportation Corps, 18 Water Division) or the Naval Transportation Service; and who served 19 satisfactorily as a crew member during the period of armed conflict, 20 December seventh, nineteen hundred forty-one, to August fifteenth, nine- 21 teen hundred forty-five, aboard merchant vessels in oceangoing, i.e., 22 foreign, intercoastal, or coastwise service as such terms are defined 23 under federal law (46 USCA 10301 & 10501) and further to include "near 24 foreign" voyages between the United States and Canada, Mexico, or the 25 West Indies via ocean routes, or public vessels in oceangoing service or 26 foreign waters and who has received a Certificate of Release or 27 Discharge from Active Duty and a discharge certificate, or an Honorable 28 Service Certificate/Report of Casualty, from the Department of Defense, 29 or who served as a United States civilian employed by the American Field 30 Service and served overseas under United States Armies and United States 31 Army Groups in world war II during the period of armed conflict, Decem- 32 ber seventh, nineteen hundred forty-one through May eighth, nineteen 33 hundred forty-five, and who (a) was discharged or released therefrom 34 under honorable conditions, or (b) has a qualifying condition, as 35 defined in section one of the veterans' services law, and has received a 36 discharge other than bad conduct or dishonorable from such service, or 37 (c) is a discharged LGBT veteran, as defined in section one of the 38 veterans' services law, and has received a discharge other than bad 39 conduct or dishonorable from such service or who served as a United 40 States civilian Flight Crew and Aviation Ground Support Employee of Pan 41 American World Airways or one of its subsidiaries or its affiliates and 42 served overseas as a result of Pan American's contract with Air Trans- 43 port Command or Naval Air Transport Service during the period of armed 44 conflict, December fourteenth, nineteen hundred forty-one through August 45 fourteenth, nineteen hundred forty-five, and who (d) was discharged or 46 released therefrom under honorable conditions, or (e) has a qualifying 47 condition, as defined in section one of the veterans' services law, and 48 has received a discharge other than bad conduct or dishonorable from 49 such service, or (f) is a discharged LGBT veteran, as defined in section 50 one of the veterans' services law, and has received a discharge other 51 than bad conduct or dishonorable from such service or during the period 52 of the Korean conflict at any time between the dates of June twenty-sev- 53 enth, nineteen hundred fifty and January thirty-first, nineteen hundred 54 fifty-five, or during the period of the Vietnam conflict from the first 55 day of November, nineteen hundred fifty-five to the seventh day of May, 56 nineteen hundred seventy-five, or (ii) who served on active duty in theS. 5190 11 1 armed forces of the United States and who was a recipient of the armed 2 forces expeditionary medal, navy expeditionary medal or marine corps 3 expeditionary medal for participation in operations in Lebanon from June 4 first, nineteen hundred eighty-three to December first, nineteen hundred 5 eighty-seven, in Grenada from October twenty-third, nineteen hundred 6 eighty-three to November twenty-first, nineteen hundred eighty-three, or 7 in Panama from December twentieth, nineteen hundred eighty-nine to Janu- 8 ary thirty-first, nineteen hundred ninety, or (iii) who served in the 9 armed forces of a foreign country allied with the United States during 10 world war I or world war II, or during the period of the Korean conflict 11 at any time between June twenty-seventh, nineteen hundred fifty and 12 January thirty-first, nineteen hundred fifty-five, or during the period 13 of the Vietnam conflict from the first day of November, nineteen hundred 14 fifty-five to the seventh day of May, nineteen hundred seventy-five, or 15 during the period of the Persian Gulf conflict from the second day of 16 August, nineteen hundred ninety to the end of such conflict, or who 17 served on active duty in the army or navy or marine corps or air force 18 or space force or coast guard of the United States, and who (a) was 19 honorably discharged or separated from such service under honorable 20 conditions, or (b) has a qualifying condition, as defined in section one 21 of the veterans' services law, and has received a discharge other than 22 bad conduct or dishonorable from such service, or (c) is a discharged 23 LGBT veteran, as defined in section one of the veterans' services law, 24 and has received a discharge other than bad conduct or dishonorable from 25 such service except where such action would endanger the public safety 26 or the safety or health of persons cared for by the state, in which 27 event such persons shall be entitled to leave of absence with pay on 28 another day in lieu thereof. All such persons who are compensated on a 29 per diem, hourly, semi-monthly or monthly basis, with or without mainte- 30 nance, shall also be entitled to leave of absence with pay under the 31 provisions of this section and no deduction in vacation allowance or 32 budgetary allowable number of working days shall be made in lieu there- 33 of. A refusal to give such leave of absence to one entitled thereto 34 shall be neglect of duty. 35 § 16. Subdivision 6 of section 210 of the economic development law, as 36 amended by chapter 490 of the laws of 2019, is amended to read as 37 follows: 38 6. "Veteran" shall mean a person who served in the United States army, 39 navy, air force, space force, marines, coast guard, and/or reserves 40 thereof, and/or in the army national guard, air national guard, New York 41 guard and/or New York naval militia and who (a) has received an honor- 42 able or general discharge from such service, or (b) has a qualifying 43 condition, as defined in section three hundred fifty of the executive 44 law, and has received a discharge other than bad conduct or dishonorable 45 from such service, or (c) is a discharged LGBT veteran, as defined in 46 section three hundred fifty of the executive law, and has received a 47 discharge other than bad conduct or dishonorable from such service. 48 § 17. Subdivision 6 of section 210 of the economic development law, 49 as amended by section 33 of part PP of chapter 56 of the laws of 2022, 50 is amended to read as follows: 51 6. "Veteran" shall mean a person who served in the United States army, 52 navy, air force, space force, marines, coast guard, and/or reserves 53 thereof, and/or in the army national guard, air national guard, New York 54 guard and/or New York naval militia and who (a) has received an honor- 55 able or general discharge from such service, or (b) has a qualifying 56 condition, as defined in section one of the veterans' services law, andS. 5190 12 1 has received a discharge other than bad conduct or dishonorable from 2 such service, or (c) is a discharged LGBT veteran, as defined in section 3 one of the veterans' services law, and has received a discharge other 4 than bad conduct or dishonorable from such service. 5 § 18. Paragraph (b) of subdivision 5 of section 50 of the civil 6 service law, as amended by chapter 490 of the laws of 2019, is amended 7 to read as follows: 8 (b) Notwithstanding the provisions of paragraph (a) of this subdivi- 9 sion, the state civil service department, subject to the approval of the 10 director of the budget, a municipal commission, subject to the approval 11 of the governing board or body of the city or county, as the case may 12 be, or a regional commission or personnel officer, pursuant to govern- 13 mental agreement, may elect to waive application fees, or to abolish 14 fees for specific classes of positions or types of examinations or 15 candidates, or to establish a uniform schedule of reasonable fees 16 different from those prescribed in paragraph (a) of this subdivision, 17 specifying in such schedule the classes of positions or types of exam- 18 inations or candidates to which such fees shall apply; provided, howev- 19 er, that fees shall be waived for candidates who certify to the state 20 civil service department, a municipal commission or a regional commis- 21 sion that they are unemployed and primarily responsible for the support 22 of a household, or are receiving public assistance. Provided further, 23 the state civil service department shall waive the state application fee 24 for examinations for original appointment for all veterans. Notwith- 25 standing any other provision of law, for purposes of this section, the 26 term "veteran" shall mean a person who has served in the armed forces of 27 the United States or the reserves thereof, or in the army national 28 guard, air national guard, New York guard, or the New York naval mili- 29 tia, and who (1) has been honorably discharged or released from such 30 service under honorable conditions, or (2) has a qualifying condition, 31 as defined in section three hundred fifty of the executive law, and has 32 received a discharge other than bad conduct or dishonorable from such 33 service, or (3) is a discharged LGBT veteran, as defined in section 34 three hundred fifty of the executive law, and has received a discharge 35 other than bad conduct or dishonorable from such service. The term 36 "armed forces" shall mean the army, navy, air force, space force, marine 37 corps, and coast guard. 38 § 19. Paragraph (b) of subdivision 5 of section 50 of the civil 39 service law, as amended by section 35 of part PP of chapter 56 of the 40 laws of 2022, is amended to read as follows: 41 (b) Notwithstanding the provisions of paragraph (a) of this subdivi- 42 sion, the state civil service department, subject to the approval of the 43 director of the budget, a municipal commission, subject to the approval 44 of the governing board or body of the city or county, as the case may 45 be, or a regional commission or personnel officer, pursuant to govern- 46 mental agreement, may elect to waive application fees, or to abolish 47 fees for specific classes of positions or types of examinations or 48 candidates, or to establish a uniform schedule of reasonable fees 49 different from those prescribed in paragraph (a) of this subdivision, 50 specifying in such schedule the classes of positions or types of exam- 51 inations or candidates to which such fees shall apply; provided, howev- 52 er, that fees shall be waived for candidates who certify to the state 53 civil service department, a municipal commission or a regional commis- 54 sion that they are unemployed and primarily responsible for the support 55 of a household, or are receiving public assistance. Provided further, 56 the state civil service department shall waive the state application feeS. 5190 13 1 for examinations for original appointment for all veterans. Notwith- 2 standing any other provision of law, for purposes of this section, the 3 term "veteran" shall mean a person who has served in the armed forces of 4 the United States or the reserves thereof, or in the army national 5 guard, air national guard, New York guard, or the New York naval mili- 6 tia, and who (1) has been honorably discharged or released from such 7 service under honorable conditions, or (2) has a qualifying condition, 8 as defined in section one of the veterans' services law, and has 9 received a discharge other than bad conduct or dishonorable from such 10 service, or (3) is a discharged LGBT veteran, as defined in section one 11 of the veterans' services law, and has received a discharge other than 12 bad conduct or dishonorable from such service. The term "armed forces" 13 shall mean the army, navy, air force, space force, marine corps, and 14 coast guard. 15 § 20. Paragraph (e) of subdivision 1 of section 458-a of the real 16 property tax law, as amended by chapter 490 of the laws of 2019, is 17 amended to read as follows: 18 (e) "Veteran" means a person (i) who served in the active military, 19 naval, space, or air service during a period of war, or who was a recip- 20 ient of the armed forces expeditionary medal, navy expeditionary medal, 21 marine corps expeditionary medal, or global war on terrorism expedition- 22 ary medal, and who (1) was discharged or released therefrom under honor- 23 able conditions, or (2) has a qualifying condition, as defined in 24 section three hundred fifty of the executive law, and has received a 25 discharge other than bad conduct or dishonorable from such service, or 26 (3) is a discharged LGBT veteran, as defined in section three hundred 27 fifty of the executive law, and has received a discharge other than bad 28 conduct or dishonorable from such service, (ii) 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, (iii) who served as a United States civilian employed by the 45 American Field Service and served overseas under United States Armies 46 and United States Army Groups in world war II during the period of armed 47 conflict, December seventh, nineteen hundred forty-one through May 48 eighth, nineteen hundred forty-five, and who (1) was discharged or 49 released therefrom under honorable conditions, or (2) has a qualifying 50 condition, as defined in section three hundred fifty of the executive 51 law, and has received a discharge other than bad conduct or dishonorable 52 from such service, or (3) is a discharged LGBT veteran, as defined in 53 section three hundred fifty of the executive law, and has received a 54 discharge other than bad conduct or dishonorable from such service, (iv) 55 who served as a United States civilian Flight Crew and Aviation Ground 56 Support Employee of Pan American World Airways or one of its subsid-S. 5190 14 1 iaries or its affiliates and served overseas as a result of Pan Ameri- 2 can's contract with Air Transport Command or Naval Air Transport Service 3 during the period of armed conflict, December fourteenth, nineteen 4 hundred forty-one through August fourteenth, nineteen hundred forty- 5 five, and who (1) was discharged or released therefrom under honorable 6 conditions, or (2) has a qualifying condition, as defined in section 7 three hundred fifty of the executive law, and has received a discharge 8 other than bad conduct or dishonorable from such service, or (3) is a 9 discharged LGBT veteran, as defined in section three hundred fifty of 10 the executive law, and has received a discharge other than bad conduct 11 or dishonorable from such service, or (v) notwithstanding any other 12 provision of law to the contrary, who are members of the reserve compo- 13 nents of the armed forces of the United States who (1) received an 14 honorable discharge or release therefrom under honorable conditions, or 15 (2) has a qualifying condition, as defined in section three hundred 16 fifty of the executive law, and has received a discharge other than bad 17 conduct or dishonorable from such service, or (3) is a discharged LGBT 18 veteran, as defined in section three hundred fifty of the executive law, 19 and has received a discharge other than bad conduct or dishonorable from 20 such service, but are still members of the reserve components of the 21 armed forces of the United States provided that such members meet all 22 other qualifications under the provisions of this section. 23 § 21. Paragraph (e) of subdivision 1 of section 458-a of the real 24 property tax law, as amended by section 83 of part PP of chapter 56 of 25 the laws of 2022, is amended to read as follows: 26 (e) "Veteran" means a person (i) who served in the active military, 27 naval, space, or air service during a period of war, or who was a recip- 28 ient of the armed forces expeditionary medal, navy expeditionary medal, 29 marine corps expeditionary medal, or global war on terrorism expedition- 30 ary medal, and who (1) was discharged or released therefrom under honor- 31 able conditions, or (2) has a qualifying condition, as defined in 32 section one of the veterans' services law, and has received a discharge 33 other than bad conduct or dishonorable from such service, or (3) is a 34 discharged LGBT veteran, as defined in section one of the veterans' 35 services law, and has received a discharge other than bad conduct or 36 dishonorable from such service, (ii) who was employed by the War Ship- 37 ping Administration or Office of Defense Transportation or their agents 38 as a merchant seaman documented by the United States Coast Guard or 39 Department of Commerce, or as a civil servant employed by the United 40 States Army Transport Service (later redesignated as the United States 41 Army 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, (iii) who served as a United States civilian employed by the 53 American Field Service and served overseas under United States Armies 54 and 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 (1) was discharged orS. 5190 15 1 released therefrom under honorable conditions, or (2) has a qualifying 2 condition, as defined in section one of the veterans' services law, and 3 has received a discharge other than bad conduct or dishonorable from 4 such service, or (3) is a discharged LGBT veteran, as defined in section 5 one of the veterans' services law, and has received a discharge other 6 than bad conduct or dishonorable from such service, (iv) who served as a 7 United States civilian Flight Crew and Aviation Ground Support Employee 8 of Pan American World Airways or one of its subsidiaries or its affil- 9 iates and served overseas as a result of Pan American's contract with 10 Air Transport Command or Naval Air Transport Service during the period 11 of armed conflict, December fourteenth, nineteen hundred forty-one 12 through August fourteenth, nineteen hundred forty-five, and who (1) was 13 discharged or released therefrom under honorable conditions, or (2) has 14 a qualifying condition, as defined in section one of the veterans' 15 services law, and has received a discharge other than bad conduct or 16 dishonorable from such service, or (3) is a discharged LGBT veteran, as 17 defined in section one of the veterans' services law, and has received a 18 discharge other than bad conduct or dishonorable from such service, or 19 (v) notwithstanding any other provision of law to the contrary, who are 20 members of the reserve components of the armed forces of the United 21 States who (1) received an honorable discharge or release therefrom 22 under honorable conditions, or (2) has a qualifying condition, as 23 defined in section one of the veterans' services law, and has received a 24 discharge other than bad conduct or dishonorable from such service, or 25 (3) is a discharged LGBT veteran, as defined in section one of the 26 veterans' services law, and has received a discharge other than bad 27 conduct or dishonorable from such service, but are still members of the 28 reserve components of the armed forces of the United States provided 29 that such members meet all other qualifications under the provisions of 30 this section. 31 § 22. This act shall take effect immediately, provided, however, that 32 the amendments made to subdivisions 5 and 7 of section 369-h of the 33 executive law made by section six of this act shall not affect the 34 repeal of such section and shall be deemed repealed therewith; provided 35 further, that the amendments to articles 17, 17-A, and 17-B of the exec- 36 utive law made by sections three, five, and seven of this act shall not 37 affect the repeal of such articles and shall be deemed repealed there- 38 with; and provided further, that sections two, four, fifteen, seventeen, 39 nineteen and twenty-one of this act shall take effect on the same date 40 and in the same manner as part PP of chapter 56 of the laws of 2022, 41 takes effect.