STATE OF NEW YORK
________________________________________________________________________
9860--A
IN ASSEMBLY
April 19, 2022
___________
Introduced by M. of A. BARRETT -- read once and referred to the Commit-
tee on Veterans' Affairs -- committee discharged, bill amended,
ordered reprinted as amended and recommitted to said committee
AN ACT to amend the civil service law, the education law, the executive
law, the veterans' services law, the general business law, the mili-
tary law, the parks, recreation and historic preservation law, the
real property tax law, the social services law, the vehicle and traf-
fic law and the workers' compensation law, in relation to removing the
requirement that a veteran served during wartime to be granted certain
benefits
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 1 of section 55-c of the civil service law, as
2 amended by chapter 340 of the laws of 2008, is amended to read as
3 follows:
4 1. The commission may determine up to five hundred positions with
5 duties such as can be performed by disabled veterans and veterans with
6 disabilities who are found otherwise qualified to perform satisfactorily
7 the duties of any such position. Upon such determination, the said posi-
8 tions shall be classified in the noncompetitive class, and may be filled
9 only by veterans of the armed forces of the United States [who served
10 therein during time of war, as defined in paragraph (c) of subdivision
11 one of section eighty-five of this chapter], and (a) who establish by
12 appropriate documentary evidence that they are disabled veterans, as
13 defined in paragraph (b) of subdivision one of section eighty-five of
14 this chapter, or (b) by those veterans, as defined in paragraph (a) of
15 subdivision one of section eighty-five of this chapter, who shall have
16 been certified by the employee health service of the department as being
17 disabled but capable of performing the duties of said positions. Prior-
18 ity in certification and referral of both such disabled veterans and
19 certified disabled but capable veterans shall be given to those veterans
20 who received a wound in combat, as documented by the awarding of the
21 purple heart, as authorized by the United States department of defense,
22 and that wound is the cause of, or a substantially contributing factor
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD09384-05-2
A. 9860--A 2
1 to, the degree of impairment, who otherwise meet the requirements of
2 this section. The number of veterans appointed pursuant to this section
3 shall not exceed five hundred.
4 § 2. Paragraph (b) of subdivision 1 of section 75 of the civil service
5 law, as amended by chapter 490 of the laws of 2019, is amended to read
6 as follows:
7 (b) a person holding a position by permanent appointment or employment
8 in the classified service of the state or in the several cities, coun-
9 ties, towns, or villages thereof, or in any other political or civil
10 division of the state or of a municipality, or in the public school
11 service, or in any public or special district, or in the service of any
12 authority, commission or board, or in any other branch of public
13 service, who was honorably discharged or released under honorable
14 circumstances from the armed forces of the United States including (i)
15 having a qualifying condition as defined in section three hundred fifty
16 of the executive law, and receiving a discharge other than bad conduct
17 or dishonorable from such service, or (ii) being a discharged LGBT
18 veteran, as defined in section three hundred fifty of the executive law,
19 and receiving a discharge other than bad conduct or dishonorable from
20 such service, [having served therein as such member in time of war as
21 defined in section eighty-five of this chapter,] or who is an exempt
22 volunteer firefighter as defined in the general municipal law, except
23 when a person described in this paragraph holds the position of private
24 secretary, cashier or deputy of any official or department, or
25 § 3. Paragraph (b) of subdivision 1 of section 75 of the civil service
26 law, as amended by section 36 of part PP of chapter 56 of the laws of
27 2022, is amended to read as follows:
28 (b) a person holding a position by permanent appointment or employment
29 in the classified service of the state or in the several cities, coun-
30 ties, towns, or villages thereof, or in any other political or civil
31 division of the state or of a municipality, or in the public school
32 service, or in any public or special district, or in the service of any
33 authority, commission or board, or in any other branch of public
34 service, who was honorably discharged or released under honorable
35 circumstances from the armed forces of the United States including (i)
36 having a qualifying condition as defined in section one of the veterans'
37 services law, and receiving a discharge other than bad conduct or
38 dishonorable from such service, or (ii) being a discharged LGBT veteran,
39 as defined in section one of the veterans' services law, and receiving a
40 discharge other than bad conduct or dishonorable from such service,
41 [having served therein as such member in time of war as defined in
42 section eighty-five of this chapter,] or who is an exempt volunteer
43 firefighter as defined in the general municipal law, except when a
44 person described in this paragraph holds the position of private secre-
45 tary, cashier or deputy of any official or department, or
46 § 4. Section 86 of the civil service law, as amended by chapter 490 of
47 the laws of 2019, is amended to read as follows:
48 § 86. Transfer of veterans or exempt volunteer firefighters upon abol-
49 ition of positions. If the position in the non-competitive or in the
50 labor class held by any honorably discharged veteran of the armed forces
51 of the United States or by any veteran of the armed forces of the United
52 States released under honorable circumstances from such service includ-
53 ing (i) having a qualifying condition as defined in section three
54 hundred fifty of the executive law, and receiving a discharge other than
55 bad conduct or dishonorable from such service, or (ii) being a
56 discharged LGBT veteran, as defined in section three hundred fifty of
A. 9860--A 3
1 the executive law, and receiving a discharge other than bad conduct or
2 dishonorable from such service, [who served therein in time of war as
3 defined in section eighty-five of this chapter,] or by an exempt volun-
4 teer firefighter as defined in the general municipal law, shall become
5 unnecessary or be abolished for reasons of economy or otherwise, the
6 honorably discharged veteran or exempt volunteer firefighter holding
7 such position shall not be discharged from the public service but shall
8 be transferred to a similar position wherein a vacancy exists, and shall
9 receive the same compensation therein. It is hereby made the duty of all
10 persons clothed with the power of appointment to make such transfer
11 effective. The right to transfer herein conferred shall continue for a
12 period of one year following the date of abolition of the position, and
13 may be exercised only where a vacancy exists in an appropriate position
14 to which transfer may be made at the time of demand for transfer. Where
15 the positions of more than one such veteran or exempt volunteer fire-
16 fighter are abolished and a lesser number of vacancies in similar posi-
17 tions exist to which transfer may be made, the veterans or exempt volun-
18 teer firefighters whose positions are abolished shall be entitled to
19 transfer to such vacancies in the order of their original appointment in
20 the service. Nothing in this section shall be construed to apply to the
21 position of private secretary, cashier or deputy of any official or
22 department. This section shall have no application to persons encom-
23 passed by section eighty-a of this chapter.
24 § 5. Section 86 of the civil service law, as amended by section 38 of
25 part PP of chapter 56 of the laws of 2022, is amended to read as
26 follows:
27 § 86. Transfer of veterans or exempt volunteer firefighters upon abol-
28 ition of positions. If the position in the non-competitive or in the
29 labor class held by any honorably discharged veteran of the armed forces
30 of the United States or by any veteran of the armed forces of the United
31 States released under honorable circumstances from such service includ-
32 ing (i) having a qualifying condition as defined in section one of the
33 veterans' services law, and receiving a discharge other than bad conduct
34 or dishonorable from such service, or (ii) being a discharged LGBT
35 veteran, as defined in section one of the veterans' services law, and
36 receiving a discharge other than bad conduct or dishonorable from such
37 service, [who served therein in time of war as defined in section eight-
38 y-five of this chapter,] or by an exempt volunteer firefighter as
39 defined in the general municipal law, shall become unnecessary or be
40 abolished for reasons of economy or otherwise, the honorably discharged
41 veteran or exempt volunteer firefighter holding such position shall not
42 be discharged from the public service but shall be transferred to a
43 similar position wherein a vacancy exists, and shall receive the same
44 compensation therein. It is hereby made the duty of all persons clothed
45 with the power of appointment to make such transfer effective. The right
46 to transfer herein conferred shall continue for a period of one year
47 following the date of abolition of the position, and may be exercised
48 only where a vacancy exists in an appropriate position to which transfer
49 may be made at the time of demand for transfer. Where the positions of
50 more than one such veteran or exempt volunteer firefighter are abolished
51 and a lesser number of vacancies in similar positions exist to which
52 transfer may be made, the veterans or exempt volunteer firefighters
53 whose positions are abolished shall be entitled to transfer to such
54 vacancies in the order of their original appointment in the service.
55 Nothing in this section shall be construed to apply to the position of
56 private secretary, cashier or deputy of any official or department. This
A. 9860--A 4
1 section shall have no application to persons encompassed by section
2 eighty-a of this chapter.
3 § 6. Paragraph c of subdivision 1 of section 360 of the education law,
4 as amended by chapter 490 of the laws of 2019, is amended to read as
5 follows:
6 c. Adopt and enforce campus rules and regulations not inconsistent
7 with the vehicle and traffic law relating to parking, vehicular and
8 pedestrian traffic, and safety. Such rules and regulations may include
9 provisions for the disposition of abandoned vehicles, removal by towing
10 or otherwise of vehicles parked in violation of such rules at the
11 expense of the owner, the payment of fees for the registration or park-
12 ing of such vehicles, provided that such campus rules and regulations
13 may provide that any veteran attending the state university as a student
14 shall be exempt from any fees for parking or registering a motor vehi-
15 cle, and the assessment of administrative fines upon the owner or opera-
16 tor of such vehicles for each violation of the regulations. However, no
17 such fine may be imposed without a hearing or an opportunity to be heard
18 conducted by an officer or board designated by the board of trustees.
19 Such fines, in the case of an officer or employee of state university,
20 may be deducted from the salary or wages of such officer or employee
21 found in violation of such regulations, or in the case of a student of
22 state university found in violation of such regulations, the university
23 may withhold his grades and transcripts until such time as any fine is
24 paid. For purposes of this subdivision, the term "veteran" shall mean a
25 member of the armed forces of the United States who served in such armed
26 forces [in time of war] and who (i) was honorably discharged or released
27 under honorable circumstances from such service, or (ii) has a qualify-
28 ing condition, as defined in section three hundred fifty of the execu-
29 tive law, and has received a discharge other than bad conduct or
30 dishonorable from such service, or (iii) is a discharged LGBT veteran,
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.
34 § 7. Paragraph c of subdivision 1 of section 360 of the education law,
35 as amended by section 40 of part PP of chapter 56 of the laws of 2022,
36 is amended to read as follows:
37 c. Adopt and enforce campus rules and regulations not inconsistent
38 with the vehicle and traffic law relating to parking, vehicular and
39 pedestrian traffic, and safety. Such rules and regulations may include
40 provisions for the disposition of abandoned vehicles, removal by towing
41 or otherwise of vehicles parked in violation of such rules at the
42 expense of the owner, the payment of fees for the registration or park-
43 ing of such vehicles, provided that such campus rules and regulations
44 may provide that any veteran attending the state university as a student
45 shall be exempt from any fees for parking or registering a motor vehi-
46 cle, and the assessment of administrative fines upon the owner or opera-
47 tor of such vehicles for each violation of the regulations. However, no
48 such fine may be imposed without a hearing or an opportunity to be heard
49 conducted by an officer or board designated by the board of trustees.
50 Such fines, in the case of an officer or employee of state university,
51 may be deducted from the salary or wages of such officer or employee
52 found in violation of such regulations, or in the case of a student of
53 state university found in violation of such regulations, the university
54 may withhold his or her grades and transcripts until such time as any
55 fine is paid. For purposes of this subdivision, the term "veteran" shall
56 mean a member of the armed forces of the United States who served in
A. 9860--A 5
1 such armed forces [in time of war] and who (i) was honorably discharged
2 or released under honorable circumstances from such service, or (ii) has
3 a qualifying condition, as defined in section one of the veterans'
4 services law, and has received a discharge other than bad conduct or
5 dishonorable from such service, or (iii) is a discharged LGBT veteran,
6 as defined in section one of the veterans' services law, and has
7 received a discharge other than bad conduct or dishonorable from such
8 service.
9 § 8. Subdivision 5 of section 605 of the education law, as amended by
10 chapter 490 of the laws of 2019, is amended to read as follows:
11 5. Regents scholarships for [war] veterans. Regents scholarships for
12 [war] veterans shall be awarded on a competitive basis, for study begin-
13 ning with the college year nineteen hundred seventy-five--nineteen
14 hundred seventy-six. Six hundred such scholarships shall be awarded in
15 such year to veterans of the armed forces of the United States who have
16 served on active duty (other than for training) between October one,
17 nineteen hundred sixty-one and March twenty-nine, nineteen hundred
18 seventy-three, and who on the date by which applications are required to
19 be submitted (a) have been released from such active duty on conditions
20 not other than honorable, or (b) have a qualifying condition, as defined
21 in section three hundred fifty of the executive law, and have received a
22 discharge other than bad conduct or dishonorable from such service, or
23 (c) are discharged LGBT veterans, as defined in section three hundred
24 fifty of the executive law, and have received a discharge other than bad
25 conduct or dishonorable from such service. Such scholarships shall be
26 allocated to each county in the state in the same ratio that the number
27 of legal residents in such county, as determined by the most recent
28 federal census, bears to the total number of residents in the state;
29 provided, however, that no county shall be allocated fewer scholarships
30 than such county received during the year nineteen hundred sixty-eight-
31 -sixty-nine.
32 § 9. Subdivision 5 of section 605 of the education law, as amended by
33 section 42 of part PP of chapter 56 of the laws of 2022, is amended to
34 read as follows:
35 5. Regents scholarships for [war] veterans. Regents scholarships for
36 [war] veterans shall be awarded on a competitive basis, for study begin-
37 ning with the college year nineteen hundred seventy-five--nineteen
38 hundred seventy-six. Six hundred such scholarships shall be awarded in
39 such year to veterans of the armed forces of the United States who have
40 served on active duty (other than for training) between October one,
41 nineteen hundred sixty-one and March twenty-nine, nineteen hundred
42 seventy-three, and who on the date by which applications are required to
43 be submitted (a) have been released from such active duty on conditions
44 not other than honorable, or (b) have a qualifying condition, as defined
45 in section one of the veterans' services law, and have received a
46 discharge other than bad conduct or dishonorable from such service, or
47 (c) are discharged LGBT veterans, as defined in section one of the
48 veterans' services law, and have received a discharge other than bad
49 conduct or dishonorable from such service. Such scholarships shall be
50 allocated to each county in the state in the same ratio that the number
51 of legal residents in such county, as determined by the most recent
52 federal census, bears to the total number of residents in the state;
53 provided, however, that no county shall be allocated fewer scholarships
54 than such county received during the year nineteen hundred sixty-eight-
55 -sixty-nine.
A. 9860--A 6
1 § 10. The opening paragraph of subdivision 1 of section 668 of the
2 education law, as amended by chapter 580 of the laws of 1992, is amended
3 to read as follows:
4 Period of military service. For a student to be eligible, the parent,
5 or step-parent where the student is the dependent of the step-parent,
6 (i) must [have been a recipient of the armed forces expeditionary medal,
7 the navy expeditionary medal or the marine corps expeditionary medal for
8 participation in operations in Lebanon from June first, nineteen hundred
9 eighty-three to December first, nineteen hundred eighty-seven, in Grena-
10 da from October twenty-third, nineteen hundred eighty-three to November
11 twenty-first, nineteen hundred eighty-three, or in Panama from December
12 twentieth, nineteen hundred eighty-nine to January thirty-first, nine-
13 teen hundred ninety] have been a member of the armed forces of the
14 United States, and who (A) was discharged or released therefrom under
15 honorable conditions, or (B) has a qualifying condition, 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 (C) is a discharged LGBT veteran, as defined in section three hundred
19 fifty of the executive law, or (ii) must have served on regular active
20 duty (other than for training) in the armed forces of the United States
21 during part of one of the following periods:
22 § 11. Paragraph d of subdivision 1 and paragraph a of subdivision 2 of
23 section 669-a of the education law, paragraph d of subdivision 1 as
24 amended by chapter 490 of the laws of 2019 and paragraph a of subdivi-
25 sion 2 as amended by section 3 of part N of chapter 57 of the laws of
26 2008, are amended to read as follows:
27 d. "Other eligible [combat] veteran" means: an individual who (i) is a
28 resident of this state, (ii) served in the armed forces of the United
29 States [in hostilities that occurred after February twenty-eighth, nine-
30 teen hundred sixty-one, as evidenced by their receipt of an Armed Forces
31 Expeditionary Medal, Navy Expeditionary Medal, or Marine Corps Expedi-
32 tionary Medal], and (iii) was either discharged under honorable condi-
33 tions, including but not limited to honorable discharge, discharge under
34 honorable conditions, or general discharge, or has a qualifying condi-
35 tion, as defined in section three hundred fifty of the executive law,
36 and has received a discharge other than bad conduct or dishonorable from
37 such service, or is a discharged LGBT veteran, as defined in section
38 three hundred fifty of the executive law, and has received a discharge
39 other than bad conduct or dishonorable from such service.
40 a. Tuition awards are available for all Vietnam, Persian Gulf, Afghan-
41 istan and other eligible [combat] veterans, as defined in subdivision
42 one of this section, who are enrolled, pursuant to paragraph a of subdi-
43 vision four of section six hundred sixty-one of this part, in approved
44 undergraduate or graduate programs at degree granting institutions or
45 enrolled in approved vocational training programs and who apply for a
46 tuition assistance program award pursuant to section six hundred sixty-
47 seven of this subpart.
48 § 12. Paragraph d of subdivision 1 of section 669-a of the education
49 law, as amended by section 46 of part PP of chapter 56 of the laws of
50 2022, is amended to read as follows:
51 d. "Other eligible [combat] veteran" means: an individual who (i) is a
52 resident of this state, (ii) served in the armed forces of the United
53 States [in hostilities that occurred after February twenty-eighth, nine-
54 teen hundred sixty-one, as evidenced by their receipt of an Armed Forces
55 Expeditionary Medal, Navy Expeditionary Medal, or Marine Corps Expedi-
56 tionary Medal], and (iii) was either discharged under honorable condi-
A. 9860--A 7
1 tions, including but not limited to honorable discharge, discharge under
2 honorable conditions, or general discharge, or has a qualifying condi-
3 tion, as defined in section one of the veterans' services law, and has
4 received a discharge other than bad conduct or dishonorable from such
5 service, or is a discharged LGBT veteran, as defined in section one of
6 the veterans' services law, and has received a discharge other than bad
7 conduct or dishonorable from such service.
8 § 13. Subdivision 3 of section 350 of the executive law is amended to
9 read as follows:
10 3. The term "veteran" means a person, male or female, resident of this
11 state, who has served in the active military or naval service of the
12 United States [during a war in which the United States engaged] and who
13 has been released from such service otherwise than by dishonorable
14 discharge, or who has been furloughed to the reserve.
15 § 14. Subdivision 1 of section 356 of the executive law is amended to
16 read as follows:
17 1. A state veterans' service agency established by the division pursu-
18 ant to this article shall have power and it shall be its duty to inform
19 military and naval authorities of the United States and assist members
20 of the armed forces and veterans, who are residents of this state, and
21 their families, in relation to (1) matters pertaining to educational
22 training and retraining services and facilities, (2) health, medical and
23 rehabilitation services and facilities, (3) provisions of federal, state
24 and local laws and regulations affording special rights and privileges
25 to members of the armed forces and [war] veterans and their families,
26 (4) employment and re-employment services, and (5) other matters of
27 similar, related or appropriate nature. The state veterans' service
28 agency also shall perform such other duties as may be assigned by the
29 state director.
30 § 15. Subdivision 1 of section 13 of the veterans' services law is
31 amended to read as follows:
32 1. A state veterans' service agency established by the department
33 pursuant to this article shall have power and it shall be its duty to
34 inform military and naval authorities of the United States and assist
35 members of the uniformed services and veterans, who are residents of
36 this state, and their families, in relation to (1) matters pertaining to
37 educational training and retraining services and facilities, (2) health,
38 medical and rehabilitation services and facilities, (3) provisions of
39 federal, state and local laws and regulations affording special rights
40 and privileges to members of the uniformed services and [war] veterans
41 and their families, (4) employment and re-employment services, and (5)
42 other matters of similar, related or appropriate nature. The state
43 veterans' service agency also shall perform such other duties as may be
44 assigned by the state commissioner.
45 § 16. Subdivision 1 of section 358 of the executive law, as amended by
46 chapter 482 of the laws of 2019, is amended to read as follows:
47 1. A local veterans' service agency shall have power under the direc-
48 tion of the state veterans' service agency, and it shall be its duty to
49 inform military and naval authorities of the United States and assist
50 members of the armed forces and veterans, who are residents of this
51 state, and their families, in relation to (1) matters pertaining to
52 educational training and retraining services and facilities, (2) health,
53 medical and rehabilitation services and facilities, (3) provisions of
54 federal, state and local laws and regulations affording special rights
55 and privileges to members of the armed forces and [war] veterans and
56 their families, (4) employment and re-employment services, (5) the proc-
A. 9860--A 8
1 ess of submitting an application for a discharge upgrade to the
2 discharge upgrade advisory board, and (6) other matters of similar,
3 related or appropriate nature. The local veterans' service agency may
4 also assist families of members of the reserve components of the armed
5 forces and the organized militia ordered into active duty to ensure that
6 they are made aware of and are receiving all appropriate support avail-
7 able to them and are placed in contact with the agencies responsible for
8 such support, including, but not limited to, the division of military
9 and naval affairs and other state agencies responsible for providing
10 such support. The local veterans' service agency also shall perform such
11 other duties as may be assigned by the state director.
12 § 17. Subdivision 1 of section 15 of the veterans' services law is
13 amended to read as follows:
14 1. A local veterans' service agency shall have power under the direc-
15 tion of the state veterans' service agency, and it shall be its duty to
16 inform military and naval authorities of the United States and assist
17 members of the uniformed services and veterans, who are residents of
18 this state, and their families, in relation to (1) matters pertaining to
19 educational training and retraining services and facilities, (2) health,
20 medical and rehabilitation services and facilities, (3) provisions of
21 federal, state and local laws and regulations affording special rights
22 and privileges to members of the uniformed services and [war] veterans
23 and their families, (4) employment and re-employment services, (5) the
24 process of submitting an application for a discharge upgrade to the
25 discharge upgrade advisory board, and (6) other matters of similar,
26 related or appropriate nature. The local veterans' service agency may
27 also assist families of members of the reserve components of the
28 uniformed services and the organized militia ordered into active duty to
29 ensure that they are made aware of and are receiving all appropriate
30 support available to them and are placed in contact with the agencies
31 responsible for such support, including, but not limited to, the divi-
32 sion of military and naval affairs and other state agencies responsible
33 for providing such support. The local veterans' service agency also
34 shall perform such other duties as may be assigned by the state commis-
35 sioner.
36 § 18. Subdivision 1 of section 364 of the executive law, as added by
37 chapter 424 of the laws of 1961, paragraph a as amended by chapter 490
38 of the laws of 2019, clause 7 of subparagraph (v) of paragraph a as
39 amended by chapter 606 of the laws of 2021, and paragraph c as added by
40 chapter 751 of the laws of 1985, is amended to read as follows:
41 1. a. The word "veteran," as used in this article shall be taken to
42 mean and include any person who is a resident of the state of New York,
43 and who (i) has been or may be given an honorable, general or ordinary
44 discharge or any other form of release from such service, except a
45 dishonorable discharge, a bad conduct discharge, an undesirable
46 discharge, a discharge without honor or a discharge for the good of the
47 service, or (ii) has a qualifying condition, as defined in section three
48 hundred fifty of this article, and has received a discharge other than
49 bad conduct or dishonorable from such service, or (iii) is a discharged
50 LGBT veteran, as defined in section three hundred fifty of this article,
51 and has received a discharge other than bad conduct or dishonorable from
52 such service[, and who (iv) was a recipient of the armed forces expedi-
53 tionary medal, the navy expeditionary medal or the marine corps expedi-
54 tionary medal for participation in operations in Lebanon from June
55 first, nineteen hundred eighty-three to December first, nineteen hundred
56 eighty-seven, in Grenada from October twenty-third, nineteen hundred
A. 9860--A 9
1 eighty-three to November twenty-first, nineteen hundred eighty-three, or
2 in Panama from December twentieth, nineteen hundred eighty-nine to Janu-
3 ary thirty-first, nineteen hundred ninety, or (v) served on active duty
4 for ninety days or more in the armed forces of the United States during
5 any one of the following wars or hostilities:
6 (1) in the Spanish-American war from the twenty-first day of April,
7 eighteen hundred ninety-eight to the eleventh day of April, eighteen
8 hundred ninety-nine, inclusive;
9 (2) in the Philippine insurrection or the China relief expedition from
10 the eleventh day of April, eighteen hundred ninety-nine to the fourth
11 day of July, nineteen hundred two, inclusive;
12 (3) in the Mexican border campaign from the ninth day of May, nineteen
13 hundred sixteen, to the fifth day of April, nineteen hundred seventeen,
14 inclusive;
15 (4) in world war I from the sixth day of April, nineteen hundred
16 seventeen to the eleventh day of November, nineteen hundred eighteen,
17 inclusive;
18 (5) in world war II from the seventh day of December, nineteen hundred
19 forty-one to the thirty-first day of December, nineteen hundred forty-
20 six, inclusive, or who was employed by the War Shipping Administration
21 or Office of Defense Transportation or their agents as a merchant seaman
22 documented by the United States Coast Guard or Department of Commerce,
23 or as a civil servant employed by the United States Army Transport
24 Service (later redesignated as the United States Army Transportation
25 Corps, Water Division) or the Naval Transportation Service; and who
26 served satisfactorily as a crew member during the period of armed
27 conflict, December seventh, nineteen hundred forty-one, to August
28 fifteenth, nineteen hundred forty-five, aboard merchant vessels in
29 oceangoing, i.e., foreign, intercoastal, or coastwise service as such
30 terms are defined under federal law (46 USCA 10301 & 10501) and further
31 to include "near foreign" voyages between the United States and Canada,
32 Mexico, or the West Indies via ocean routes, or public vessels in ocean-
33 going service or foreign waters and who has received a Certificate of
34 Release or Discharge from Active Duty and a discharge certificate, or an
35 Honorable Service Certificate/Report of Casualty, from the Department of
36 Defense, or who served as a United States civilian employed by the Amer-
37 ican Field Service and served overseas under United States Armies and
38 United States Army Groups in world war II during the period of armed
39 conflict, December seventh, nineteen hundred forty-one through May
40 eighth, nineteen hundred forty-five, and who (i) was discharged or
41 released therefrom under honorable conditions, or (ii) has a qualifying
42 condition, as defined in section three hundred fifty of this article,
43 and has received a discharge other than bad conduct or dishonorable from
44 such service, or (iii) is a discharged LGBT veteran, as defined in
45 section three hundred fifty of this article, and has received a
46 discharge other than bad conduct or dishonorable from such service, or
47 who served as a United States civilian Flight Crew and Aviation Ground
48 Support Employee of Pan American World Airways or one of its subsid-
49 iaries or its affiliates and served overseas as a result of Pan Ameri-
50 can's contract with Air Transport Command or Naval Air Transport Service
51 during the period of armed conflict, December fourteenth, nineteen
52 hundred forty-one through August fourteenth, nineteen hundred forty-
53 five, and who (iv) was discharged or released therefrom under honorable
54 conditions, or (v) has a qualifying condition, as defined in section
55 three hundred fifty of this article, and has received a discharge other
56 than bad conduct or dishonorable from such service, or (vi) is a
A. 9860--A 10
1 discharged LGBT veteran, as defined in section three hundred fifty of
2 this article, and has received a discharge other than bad conduct or
3 dishonorable from such service;
4 (6) in the Korean hostilities from the twenty-seventh day of June,
5 nineteen hundred fifty to the thirty-first day of January, nineteen
6 hundred fifty-five, inclusive;
7 (7) in the Vietnam conflict from the first day of November, nineteen
8 hundred fifty-five to the seventh day of May, nineteen hundred seventy-
9 five;
10 (8) in the Persian Gulf conflict from the second day of August, nine-
11 teen hundred ninety to the end of such conflict].
12 b. The word "veteran" shall also mean any person who meets the other
13 requirements of paragraph a of this subdivision, who served on active
14 duty for less than ninety days, if he or she was discharged or released
15 from such service for a service-connected disability [or who served for
16 a period of ninety consecutive days or more and such period began or
17 ended during any war or period of hostilities as defined in paragraph a
18 of this subdivision].
19 c. The term "active duty" as used in this article shall mean full time
20 duty in the armed forces, other than active duty for training; provided,
21 however, that "active duty" shall also include any period of active duty
22 for training during which the individual concerned was disabled or died
23 from a disease or injury incurred or aggravated during such period.
24 § 19. Subdivision 1 of section 23 of the veterans' services law is
25 amended to read as follows:
26 1. a. The word "veteran" means a veteran as defined in section one of
27 this article who is a resident, and who (i) has been or may be released
28 from such service under other than dishonorable conditions, or (ii) has
29 a qualifying condition, as defined in section one of this article, and
30 has received a discharge other than bad conduct or dishonorable from
31 such service, or (iii) is a discharged LGBT veteran, as defined in
32 section one of this article, and has received a discharge other than bad
33 conduct or dishonorable from such service[, and who (iv) was a recipient
34 of the armed forces expeditionary medal, the navy expeditionary medal or
35 the marine corps expeditionary medal for participation in operations in
36 Lebanon from June first, nineteen hundred eighty-three to December
37 first, nineteen hundred eighty-seven, in Grenada from October twenty-
38 third, nineteen hundred eighty-three to November twenty-first, nineteen
39 hundred eighty-three, or in Panama from December twentieth, nineteen
40 hundred eighty-nine to January thirty-first, nineteen hundred ninety, or
41 (v) served on active duty for ninety days or more in the uniformed
42 services of the United States during any one of the following wars or
43 hostilities:
44 (1) in the Spanish-American war from the twenty-first day of April,
45 eighteen hundred ninety-eight to the eleventh day of April, eighteen
46 hundred ninety-nine, inclusive;
47 (2) in the Philippine insurrection or the China relief expedition from
48 the eleventh day of April, eighteen hundred ninety-nine to the fourth
49 day of July, nineteen hundred two, inclusive;
50 (3) in the Mexican border campaign from the ninth day of May, nineteen
51 hundred sixteen, to the fifth day of April, nineteen hundred seventeen,
52 inclusive;
53 (4) in World War I from the sixth day of April, nineteen hundred
54 seventeen to the eleventh day of November, nineteen hundred eighteen,
55 inclusive;
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1 (5) in World War II from the seventh day of December, nineteen hundred
2 forty-one to the thirty-first day of December, nineteen hundred forty-
3 six, inclusive, or who was employed by the War Shipping Administration
4 or Office of Defense Transportation or their agents as a merchant seaman
5 documented by the United States Coast Guard or Department of Commerce,
6 or as a civil servant employed by the United States Army Transport
7 Service (later redesignated as the United States Army Transportation
8 Corps, Water Division) or the Naval Transportation Service; and who
9 served satisfactorily as a crew member during the period of armed
10 conflict, December seventh, nineteen hundred forty-one, to August
11 fifteenth, nineteen hundred forty-five, aboard merchant vessels in
12 oceangoing, i.e., foreign, intercoastal, or coastwise service as such
13 terms are defined under federal law (46 USCA 10301 & 10501) and further
14 to include "near foreign" voyages between the United States and Canada,
15 Mexico, or the West Indies via ocean routes, or public vessels in ocean-
16 going service or foreign waters and who has received a Certificate of
17 Release or Discharge from Active Duty and a discharge certificate, or an
18 Honorable Service Certificate/Report of Casualty, from the Department of
19 Defense, or who served as a United States civilian employed by the Amer-
20 ican Field Service and served overseas under United States Armies and
21 United States Army Groups in World War II during the period of armed
22 conflict, December seventh, nineteen hundred forty-one through May
23 eighth, nineteen hundred forty-five, and who (i) was discharged or
24 released therefrom under honorable conditions, or (ii) has a qualifying
25 condition, as defined in section one of this article, and has received a
26 discharge other than bad conduct or dishonorable from such service, or
27 (iii) is a discharged LGBT veteran, as defined in section one of this
28 article, and has received a discharge other than bad conduct or
29 dishonorable from such service, or who served as a United States civil-
30 ian Flight Crew and Aviation Ground Support Employee of Pan American
31 World Airways or one of its subsidiaries or its affiliates and served
32 overseas as a result of Pan American's contract with Air Transport
33 Command or Naval Air Transport Service during the period of armed
34 conflict, December fourteenth, nineteen hundred forty-one through August
35 fourteenth, nineteen hundred forty-five, and who (iv) was discharged or
36 released therefrom under honorable conditions, or (v) has a qualifying
37 condition, as defined in section one of this article, and has received a
38 discharge other than bad conduct or dishonorable from such service, or
39 (vi) is a discharged LGBT veteran, as defined in section one of this
40 article, and has received a discharge other than bad conduct or
41 dishonorable from such service;
42 (6) in the Korean hostilities from the twenty-seventh day of June,
43 nineteen hundred fifty to the thirty-first day of January, nineteen
44 hundred fifty-five, inclusive;
45 (7) in the Vietnam conflict from the first day of November, nineteen
46 hundred fifty-five to the seventh day of May, nineteen hundred seventy-
47 five;
48 (8) in the Persian Gulf conflict from the second day of August, nine-
49 teen hundred ninety to the end of such conflict].
50 b. The word "veteran" shall also mean any person who meets the other
51 requirements of paragraph a of this subdivision, who served on active
52 duty for less than ninety days, if he or she was discharged or released
53 from such service for a service-connected disability [or who served for
54 a period of ninety consecutive days or more and such period began or
55 ended during any war or period of hostilities as defined in paragraph a
56 of this subdivision].
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1 c. The term "active duty" as used in this article shall mean full time
2 duty in the uniformed services, other than active duty for training;
3 provided, however, that "active duty" shall also include any period of
4 active duty for training during which the individual concerned was disa-
5 bled or died from a disease or injury incurred or aggravated during such
6 period.
7 § 20. Paragraph b of subdivision 1 of section 366 of the executive
8 law, as added by chapter 743 of the laws of 2006, is amended to read as
9 follows:
10 b. "Veteran" means a person, male or female, resident of this state,
11 who has served in the active military, naval or air service of the
12 United States [during a time of war in which the United States engaged]
13 and who has been released from such service otherwise than by dishonor-
14 able discharge, or who has been furloughed to the reserve;
15 § 21. Subdivisions 1 and 2 of section 32 of the general business law,
16 as amended by chapter 490 of the laws of 2019, are amended to read as
17 follows:
18 1. Every member of the armed forces of the United States who (a) was
19 honorably discharged from such service, or (b) has a qualifying condi-
20 tion, as defined in section three hundred fifty of the executive law,
21 and has received a discharge other than bad conduct or dishonorable from
22 such service, or (c) is a discharged LGBT veteran, as defined in section
23 three hundred fifty of the executive law, and has received a discharge
24 other than bad conduct or dishonorable from such service, and who is a
25 resident of this state and a veteran [of any war, or who shall have
26 served in the armed forces of the United States overseas], and the
27 surviving spouse of any such veteran, if a resident of the state, shall
28 have the right to hawk, peddle, vend and sell goods, wares or merchan-
29 dise or solicit trade upon the streets and highways within the county of
30 his or her residence, as the case may be, or if such county is embraced
31 wholly by a city, within such city, by procuring a license for that
32 purpose to be issued as herein provided. No part of the lands or prem-
33 ises under the jurisdiction of the division of the state fair in the
34 department of agriculture and markets, shall be deemed a street or high-
35 way within the meaning of this section.
36 2. Any such former member of the armed forces of the United States may
37 present to the clerk of any county in which he has resided for a period
38 of at least six months, his original certificate of release or discharge
39 from active duty, or a copy thereof duly certified by the recording
40 officer or a certificate in lieu of lost discharge issued by a depart-
41 ment of the armed forces of the United States which shall show that the
42 person presenting it is a veteran [of any war, or that he has served
43 overseas in the armed forces of the United States]. He shall also fill
44 out a blank which shall when filled out state his name, residence at the
45 time of application, nature of goods to be sold, and if the applicant is
46 working on commission or percentage for any person, firm or corporation,
47 the name and business address of such person, firm or corporation. This
48 statement shall be signed by the applicant in the presence of the county
49 clerk, or a deputy designated by him, and the name on this application
50 and on the original certificate of release or discharge from active duty
51 shall be compared by the county clerk to ascertain if the person so
52 applying is the same person named in the original certificate of release
53 or discharge from active duty. Such county clerk when so satisfied shall
54 issue, without cost, to such former member of the armed forces of the
55 United States, a license certifying him to be entitled to the benefits
56 of this section.
A. 9860--A 13
1 § 22. Subdivision 1 of section 32 of the general business law, as
2 amended by section 55 of part PP of chapter 56 of the laws of 2022, is
3 amended to read as follows:
4 1. Every member of the armed forces of the United States who (a) was
5 honorably discharged from such service, or (b) has a qualifying condi-
6 tion, as defined in section one of the veterans' services law, and has
7 received a discharge other than bad conduct or dishonorable from such
8 service, or (c) is a discharged LGBT veteran, as defined in section one
9 of the veterans' services law, and has received a discharge other than
10 bad conduct or dishonorable from such service, and who is a resident of
11 this state and a veteran [of any war, or who shall have served in the
12 armed forces of the United States overseas], and the surviving spouse of
13 any such veteran, if a resident of the state, shall have the right to
14 hawk, peddle, vend and sell goods, wares or merchandise or solicit trade
15 upon the streets and highways within the county of his or her residence,
16 as the case may be, or if such county is embraced wholly by a city,
17 within such city, by procuring a license for that purpose to be issued
18 as herein provided. No part of the lands or premises under the jurisdic-
19 tion of the division of the state fair in the department of agriculture
20 and markets, shall be deemed a street or highway within the meaning of
21 this section.
22 § 23. Subdivision 2 of section 238 of the military law, as amended by
23 chapter 490 of the laws of 2019, is amended to read as follows:
24 2. Any person, except members of the armed forces of the United
25 States, members of the organized militia of this or any other state,
26 personnel of the independent military organizations designated in
27 section two hundred forty of this article, members of associations whol-
28 ly composed of persons who (a) were honorably discharged from the armed
29 forces of the United States, or (b) have a qualifying condition, as
30 defined in section three hundred fifty of the executive law, and have
31 received a discharge other than bad conduct or dishonorable from the
32 armed forces of the United States, or (c) are discharged LGBT veterans,
33 as defined in section three hundred fifty of the executive law, and have
34 received a discharge other than bad conduct or dishonorable from the
35 armed forces of the United States, and members of associations wholly
36 composed of sons of veterans [of any war of the United States], who
37 shall wear any uniform or any device, strap, knot or insignia of any
38 design or character used as a designation of grade, rank or office, such
39 as are by law or by regulation, duly promulgated, prescribed for the use
40 of the organized militia or similar thereto; or,
41 § 24. Section 245 of the military law, as amended by chapter 490 of
42 the laws of 2019, is amended to read as follows:
43 § 245. Retirement allowances of certain [war] veterans. Any member of
44 a teachers' retirement system to which the city of New York is required
45 by law to make contributions on account of such member who (i) is an
46 honorably discharged member of any branch of the armed forces of the
47 United States, or (ii) has a qualifying condition, as defined in section
48 three hundred fifty of the executive law, and has received a discharge
49 other than bad conduct or dishonorable, or (iii) is a discharged LGBT
50 veteran, as defined in section three hundred fifty of the executive law,
51 and has received a discharge other than bad conduct or dishonorable,
52 [having served as such during the time of war] and who has attained the
53 age of fifty years, may retire upon his own request upon written appli-
54 cation to the board setting forth at what time not less than thirty days
55 subsequent to the execution and filing thereof he desires to be retired,
56 provided that such member at the time so specified for his retirement
A. 9860--A 14
1 shall have completed at least twenty-five years of allowable service.
2 Upon retirement such member shall receive an annuity of equivalent actu-
3 arial value to his accumulated deductions, and, in addition, a pension
4 beginning immediately, having a value equal to the present value of the
5 pension that would have become payable had he continued at his current
6 salary to the age at which he would have first become eligible for
7 service retirement, provided, however, that the said member on making
8 application for retirement shall pay into the retirement fund a sum of
9 money which calculated on an actuarial basis, together with his prior
10 contributions and other accumulations in said fund then to his credit,
11 shall be sufficient to entitle the said member to the same annuity and
12 pension that he would have received had he remained in the service of
13 the city until he had attained the age at which he otherwise would have
14 first become eligible for service retirement.
15 Notwithstanding any other provision of this section or of any general,
16 special or local law or code to the contrary, a member of any such
17 teachers' retirement system who (i) is separated or discharged under
18 honorable conditions from any branch of the armed forces of the United
19 States, or (ii) has a qualifying condition, as defined in section three
20 hundred fifty of the executive law, and has received a discharge other
21 than bad conduct or dishonorable, or (iii) is a discharged LGBT veteran,
22 as defined in section three hundred fifty of the executive law, and has
23 received a discharge other than bad conduct or dishonorable, [having
24 served as such during the time of war] and who has attained the age of
25 fifty years, may retire upon his own request upon written application to
26 the board setting forth at what time, not less than thirty days subse-
27 quent to the execution and filing thereof, he desires to be retired,
28 provided that such member at that time so specified for his retirement
29 shall have completed at least twenty-five years of allowable service.
30 Upon reaching his previously selected minimum retirement age, such
31 member shall receive an annuity of equivalent actuarial value, at that
32 time, to his accumulated deductions, and, in addition, a pension based
33 upon his credited years of allowable service, plus the pension-for-in-
34 creased-take-home-pay, if any. Should such member die before reaching
35 his retirement age, then any beneficiary under a selected option shall
36 be eligible for benefits under such option at the date upon which the
37 member would have reached his selected retirement age.
38 § 25. Section 245 of the military law, as amended by section 72 of
39 part PP of chapter 56 of the laws of 2022, is amended to read as
40 follows:
41 § 245. Retirement allowances of certain [war] veterans. 1. Any member
42 of a teachers' retirement system to which the city of New York is
43 required by law to make contributions on account of such member who (i)
44 is an honorably discharged member of any branch of the armed forces of
45 the United States, or (ii) has a qualifying condition, as defined in
46 section one of the veterans' services law, and has received a discharge
47 other than bad conduct or dishonorable, or (iii) is a discharged LGBT
48 veteran, as defined in section one of the veterans' services law, and
49 has received a discharge other than bad conduct or dishonorable, [having
50 served as such during the time of war] and who has attained the age of
51 fifty years, may retire upon his or her own request upon written appli-
52 cation to the board setting forth at what time not less than thirty days
53 subsequent to the execution and filing thereof he or she desires to be
54 retired, provided that such member at the time so specified for his or
55 her retirement shall have completed at least twenty-five years of allow-
56 able service. Upon retirement such member shall receive an annuity of
A. 9860--A 15
1 equivalent actuarial value to his or her accumulated deductions, and, in
2 addition, a pension beginning immediately, having a value equal to the
3 present value of the pension that would have become payable had he or
4 she continued at his or her current salary to the age at which he or she
5 would have first become eligible for service retirement, provided,
6 however, that the said member on making application for retirement shall
7 pay into the retirement fund a sum of money which calculated on an actu-
8 arial basis, together with his or her prior contributions and other
9 accumulations in said fund then to his or her credit, shall be suffi-
10 cient to entitle the said member to the same annuity and pension that he
11 or she would have received had he or she remained in the service of the
12 city until he or she had attained the age at which he or she otherwise
13 would have first become eligible for service retirement.
14 2. Notwithstanding any other provision of this section or of any
15 general, special or local law or code to the contrary, a member of any
16 such teachers' retirement system who (i) is separated or discharged
17 under honorable conditions from any branch of the armed forces of the
18 United States, or (ii) has a qualifying condition, as defined in section
19 one of the veterans' services law, and has received a discharge other
20 than bad conduct or dishonorable, or (iii) is a discharged LGBT veteran,
21 as defined in section one of the veterans' services law, and has
22 received a discharge other than bad conduct or dishonorable, [having
23 served as such during the time of war] and who has attained the age of
24 fifty years, may retire upon his or her own request upon written appli-
25 cation to the board setting forth at what time, not less than thirty
26 days subsequent to the execution and filing thereof, he or she desires
27 to be retired, provided that such member at that time so specified for
28 his or her retirement shall have completed at least twenty-five years of
29 allowable service. Upon reaching his or her previously selected minimum
30 retirement age, such member shall receive an annuity of equivalent actu-
31 arial value, at that time, to his or her accumulated deductions, and, in
32 addition, a pension based upon his or her credited years of allowable
33 service, plus the pension-for-increased-take-home-pay, if any. Should
34 such member die before reaching his or her retirement age, then any
35 beneficiary under a selected option shall be eligible for benefits under
36 such option at the date upon which the member would have reached his or
37 her selected retirement age.
38 § 26. Section 246 of the military law, as amended by chapter 43 of the
39 laws of 1967, is amended to read as follows:
40 § 246. Leave of absence for public employees who are [war] veterans to
41 continue study. Notwithstanding the provisions of any law to the
42 contrary, every public officer and employee, who served in the armed
43 forces of the United States [on or after September sixteenth, nineteen
44 hundred forty, and prior to the termination of hostilities in world war
45 II, or during the period of hostilities engaged in by the armed forces
46 of the United States on and after June twenty-fifth, nineteen hundred
47 fifty, or who served in the armed forces of the United States after
48 January thirty-first, nineteen hundred fifty-five, and] who is eligible
49 under the provisions enacted by the congress of the United States known
50 as "Servicemen's Readjustment Act of nineteen hundred forty-four," or
51 "Veterans' Readjustment Assistance Act of nineteen hundred fifty-two,"
52 or "Veterans' Readjustment Benefits Act of nineteen hundred sixty-six,"
53 to continue the pursuit of studies or to take a refresher or retraining
54 course shall be granted a leave of absence from his position for the
55 period of such course of study, not to exceed four years. Such public
56 officer or employee shall be reinstated to his position provided he
A. 9860--A 16
1 makes application for such reinstatement within sixty days after the
2 termination of such course of study.
3 § 27. Section 13.19 of the parks, recreation and historic preservation
4 law, as amended by chapter 649 of the laws of 1977, is amended to read
5 as follows:
6 § 13.19 Free use of campsites. Notwithstanding the provisions of any
7 other law, any person who is blind, non-ambulatory, or an amputee or any
8 veteran [of the wars of the United States], who has at any time been
9 awarded by the federal government an allowance towards the purchase of
10 an automobile or is eligible for such an award shall be permitted to use
11 any of the public campsites, parks and other public places of recreation
12 in this state, upon the same terms and conditions as apply to the gener-
13 al public, but without the payment of any fees or other charges for the
14 use of such campsites, parks and other public places of recreation.
15 § 28. 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, or air service [during a period of war, or who was a recipient of
20 the armed forces expeditionary medal, navy expeditionary medal, marine
21 corps expeditionary medal, or global war on terrorism expeditionary
22 medal,] and who (1) was discharged or released therefrom under honorable
23 conditions, or (2) has a qualifying condition, as defined in section
24 three hundred fifty of the executive law, and has received a discharge
25 other than bad conduct or dishonorable from such service, or (3) is a
26 discharged LGBT veteran, as defined in section three hundred fifty of
27 the executive law, and has received a discharge other than bad conduct
28 or dishonorable from such service, (ii) who was employed by the War
29 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-
A. 9860--A 17
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 § 29. 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, or air service [during a period of war, or who was a recipient of
28 the armed forces expeditionary medal, navy expeditionary medal, marine
29 corps expeditionary medal, or global war on terrorism expeditionary
30 medal,] and who (1) was discharged or released therefrom under honorable
31 conditions, or (2) has a qualifying condition, as defined in section one
32 of the veterans' services law, and has received a discharge other than
33 bad conduct or dishonorable from such service, or (3) is a discharged
34 LGBT veteran, as defined in section one of the veterans' services law,
35 and has received a discharge other than bad conduct or dishonorable from
36 such service, (ii) who was employed by the War Shipping Administration
37 or Office of Defense Transportation or their agents as a merchant seaman
38 documented by the United States Coast Guard or Department of Commerce,
39 or as a civil servant employed by the United States Army Transport
40 Service (later redesignated as the United States Army Transportation
41 Corps, Water Division) or the Naval Transportation Service; and who
42 served satisfactorily as a crew member during the period of armed
43 conflict, December seventh, nineteen hundred forty-one, to August
44 fifteenth, nineteen hundred forty-five, aboard merchant vessels in
45 oceangoing, i.e., foreign, intercoastal, or coastwise service as such
46 terms are defined under federal law (46 USCA 10301 & 10501) and further
47 to include "near foreign" voyages between the United States and Canada,
48 Mexico, or the West Indies via ocean routes, or public vessels in ocean-
49 going service or foreign waters and who has received a Certificate of
50 Release or Discharge from Active Duty and a discharge certificate, or an
51 Honorable Service Certificate/Report of Casualty, from the department of
52 defense, (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 or
A. 9860--A 18
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 § 30. Subdivision 1 of section 168 of the social services law, as
32 amended by chapter 490 of the laws of 2019, is amended to read as
33 follows:
34 1. Veteran means a person, male or female, who has served in the armed
35 forces of the United States [in time of war], or who was a recipient of
36 the armed forces expeditionary medal, navy expeditionary medal or marine
37 corps expeditionary medal for participation in operations in Lebanon
38 from June first, nineteen hundred eighty-three to December first, nine-
39 teen hundred eighty-seven, in Grenada from October twenty-third, nine-
40 teen hundred eighty-three to November twenty-first, nineteen hundred
41 eighty-three, or in Panama from December twentieth, nineteen hundred
42 eighty-nine to January thirty-first, nineteen hundred ninety, and who
43 (1) has been honorably discharged or released under honorable circum-
44 stances from such service or furloughed to the reserve, or (2) has a
45 qualifying condition, as defined in section three hundred fifty of the
46 executive law, and has received a discharge other than bad conduct or
47 dishonorable from such service, or (3) is a discharged LGBT veteran, as
48 defined in section three hundred fifty of the executive law, and has
49 received a discharge other than bad conduct or dishonorable from such
50 service.
51 § 31. Subdivision 1 of section 168 of the social services law, as
52 amended by section 86 of part PP of chapter 56 of the laws of 2022, is
53 amended to read as follows:
54 1. Veteran means a person, male or female, who has served in the armed
55 forces of the United States [in time of war], or who was a recipient of
56 the armed forces expeditionary medal, navy expeditionary medal or marine
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1 corps expeditionary medal for participation in operations in Lebanon
2 from June first, nineteen hundred eighty-three to December first, nine-
3 teen hundred eighty-seven, in Grenada from October twenty-third, nine-
4 teen hundred eighty-three to November twenty-first, nineteen hundred
5 eighty-three, or in Panama from December twentieth, nineteen hundred
6 eighty-nine to January thirty-first, nineteen hundred ninety, and who
7 (1) has been honorably discharged or released under honorable circum-
8 stances from such service or furloughed to the reserve, or (2) has a
9 qualifying condition, as defined in section one of the veterans'
10 services law, and has received a discharge other than bad conduct or
11 dishonorable from such service, or (3) is a discharged LGBT veteran, as
12 defined in section one of the veterans' services law, and has received a
13 discharge other than bad conduct or dishonorable from such service.
14 § 32. Subdivision 3 of section 404-a of the vehicle and traffic law,
15 as added by chapter 601 of the laws of 1987, is amended to read as
16 follows:
17 3. Registration of vehicles owned by severely disabled veterans. The
18 commissioner shall assign to such motor vehicles, including any vans or
19 pick-up trucks used for transporting handicapped veterans which are not
20 used for commercial purposes and which are owned by such veterans or a
21 not-for-profit corporation serving such veterans, a distinctive number
22 and issue and deliver in such manner as the commissioner may prescribe
23 to the owner a certification of registration, in such form as the
24 commissioner shall prescribe and two number plates, called disabled
25 veteran plates. Said severely disabled veteran plates shall conform to
26 the requirements of section four hundred one of this chapter, but shall
27 bear distinctive marks to distinguish them from number plates to be
28 issued to other persons, qualifying under this [chapter] article. The
29 commissioner in his discretion, may issue, for any registration year,
30 only one plate as a set for a motor vehicle, in which event a set of
31 severely disabled veteran plates for a motor vehicle shall consist of
32 one plate. Where a severely disabled veteran owns more than one vehicle
33 and such vehicle or vehicles is or are used by severely disabled members
34 of the owner's family who reside with the owner, the commissioner shall
35 issue one set of plates for each additional vehicle used by such severe-
36 ly disabled veteran, provided that such user qualifies as a severely
37 disabled veteran in the manner required by this section. For purposes of
38 this subdivision, the term "severely disabled veteran" shall mean any
39 member of the armed forces of the United States [who served in time of
40 war, as defined in section eighty-five of the civil service law, and]
41 whose disability qualifies him as a severely disabled person within the
42 meaning of such term as defined in subdivision four of this section.
43 § 33. Paragraphs f and g of subdivision 6 of section 54 of the work-
44 ers' compensation law, as amended by chapter 205 of the laws of 1993,
45 are amended to read as follows:
46 f. Notwithstanding the provisions of paragraph a of this subdivision
47 or any other provision of this chapter, any executive officer of a reli-
48 gious, charitable or educational corporation and the officers of a
49 municipal corporation, and officers of any post or chapter of organiza-
50 tions of veterans [of any war] of the United States may be brought with-
51 in the coverage of the insurance contract as if they were employees by
52 any such corporation filing with the insurance carrier, upon a form
53 prescribed by the chair of the workers' compensation board, a notice
54 that the corporation elects to bring one or more executive officers of
55 such corporation named in the notice within the coverage of this chap-
56 ter. Such election shall be effective with respect to all policies
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1 issued to such corporation by such insurance carrier as long as it shall
2 continuously insure the corporation. If such election is revoked, it
3 shall be in writing on a form prescribed by the chair and filed with the
4 chair and with the insurance carrier and a copy thereof furnished to
5 each officer as to whom such revocation is applicable, upon a form
6 prescribed by the chair. Such revocation shall not be effective until
7 thirty days after such filing. The estimation of the wage values of
8 executive officers within the coverage of the insurance contract shall
9 be reasonable and separately stated and added to the valuation of the
10 payrolls upon which the premium is computed.
11 g. The executive officers brought within the coverage of the insurance
12 contract, and the dependents of any such executive officers, including
13 executive officers of religious, charitable or educational corporations
14 and officers of municipal corporations, and officers of any post or
15 chapter of organizations of veterans [of any war] of the United States
16 that have elected to bring their officers within the coverage of the
17 policy, shall have the same rights and remedies as any employee and
18 shall be entitled to compensation and medical care as provided by this
19 chapter, and the insurance carrier shall be liable therefor and for
20 payments into the special funds provided in this chapter as in the case
21 of an employee. The executive officers who may be brought within the
22 coverage of an insurance contract shall include an officer of a corpo-
23 ration who at all times during the period involved between them owns all
24 of the issued and outstanding stock of the corporation and holds all of
25 the offices pursuant to paragraph (e) of section seven hundred fifteen
26 of the business corporation law or two executive officers of a corpo-
27 ration who at all times during the period involved between them own all
28 of the issued and outstanding stock of such corporation and hold all
29 such offices and who is the executive officer or who are the executive
30 officers of a corporation that has no other persons who are employees
31 required to be covered under this chapter.
32 § 34. This act shall take effect immediately; provided however, that
33 sections three, five, seven, nine, twelve, fifteen, seventeen, nineteen,
34 twenty-two, twenty-five, twenty-nine and thirty-one of this act shall
35 take effect on the same date and in the same manner as part PP of chap-
36 ter 56 of the laws of 2022 take effect; provided further, however, that
37 the amendments to article 17 of the executive law made by sections thir-
38 teen, fourteen, sixteen, eighteen and twenty of this act shall not
39 affect the repeal of such article and shall be deemed repealed there-
40 with.
