New York State Assembly

 
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A10204 Summary:

A10204 Actions:

A10204 Committee Votes:

Committee:VETERANS' AFFAIRS   Chair:Jean-Pierre      
DATE:05/14/2024AYE/NAY:17/0  Action: Favorable refer to committee Ways and Means        
Jean-Pierre
Aye
Manktelow
Aye
Hunter
Aye
Morinello
Aye
Pheffer Amato
Aye
Hawley
Aye
Stern
Aye
McDonough
Excused
Jones
Aye
Smullen
Aye
Buttenschon
Aye
Angelino
Aye
Rajkumar
Aye
Septimo
Aye
Burdick
Aye
Cunningham
Aye
Eachus
Aye
Berger
Aye

Committee:WAYS AND MEANS   Chair:Weinstein      
DATE:05/30/2024AYE/NAY:33/0  Action: Favorable refer to committee Rules        
Weinstein
Aye
Ra
Aye
Glick
Aye
Fitzpatrick
Excused
Pretlow
Aye
Hawley
Aye
Colton
Aye
Blankenbush
Aye
Cook
Aye
Norris
Aye
Aubry
Aye
Brabenec
Aye
Benedetto
Aye
Palmesano
Aye
Weprin
Aye
Walsh
Aye
Ramos
Aye
DeStefano
Aye
Braunstein
Aye
Manktelow
Aye
McDonald
Aye
Smullen
Aye
Rozic
Aye
Dinowitz
Aye
Magnarelli
Aye
Zebrowski
Aye
Bronson
Aye
Dilan
Aye
Seawright
Excused
Hyndman
Aye
Walker
Aye
Bichotte Hermel
Aye
Simon
Aye
Cruz
Aye
Fahy
Aye

Committee:RULES   Chair:Pretlow      
DATE:06/03/2024AYE/NAY:28/0  Action: Favorable         
Heastie
Excused
Barclay
Aye
Weinstein
Aye
Hawley
Aye
Pretlow
Aye
Giglio
Aye
Cook
Aye
Blankenbush
Aye
Glick
Aye
Norris
Aye
Aubry
Aye
Ra
Aye
Dinowitz
Aye
Brabenec
Aye
Colton
Aye
Palmesano
Excused
Magnarelli
Aye
Reilly
Aye
Paulin
Aye
Peoples-Stokes
Aye
Benedetto
Aye
Lavine
Aye
Lupardo
Aye
Zebrowski
Aye
Thiele
Aye
Braunstein
Aye
Dickens
Excused
Davila
Aye
Hyndman
Aye
Rozic
Aye
Bronson
Aye

A10204 Floor Votes:

A10204 Text:

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

     1    (e) "Veteran" means a person (i) who served in  the  active  military,
     2  naval, space, or air service during a period of war, or who was a recip-
     3  ient  of the armed forces expeditionary medal, navy expeditionary medal,
     4  marine corps expeditionary medal, or global war on terrorism expedition-
     5  ary medal, and who (1) was discharged or released therefrom under honor-
     6  able  conditions,  or  (2)  has  a  qualifying  condition, as defined in
     7  section one of the veterans' services law, and has received a  discharge
     8  other  than  bad  conduct or dishonorable from such service, or (3) is a
     9  discharged LGBT veteran, as defined in  section  one  of  the  veterans'
    10  services  law,  and  has  received a discharge other than bad conduct or
    11  dishonorable from such service, (ii) who was employed by the  War  Ship-
    12  ping  Administration or Office of Defense Transportation or their agents
    13  as a merchant seaman documented by the  United  States  Coast  Guard  or
    14  Department  of  Commerce,  or  as a civil servant employed by the United
    15  States Army Transport Service (later redesignated as the  United  States
    16  Army  Transportation  Corps, Water Division) or the Naval Transportation
    17  Service; and who served satisfactorily as a crew member during the peri-
    18  od of armed conflict, December seventh, nineteen hundred  forty-one,  to
    19  August  fifteenth,  nineteen hundred forty-five, aboard merchant vessels
    20  in oceangoing, i.e., foreign, intercoastal, or coastwise service as such
    21  terms are defined under federal law (46 USCA 10301 & 10501) and  further
    22  to  include "near foreign" voyages between the United States and Canada,
    23  Mexico, or the West Indies via ocean routes, or public vessels in ocean-
    24  going service or foreign waters and who has received  a  Certificate  of
    25  Release or Discharge from Active Duty and a discharge certificate, or an
    26  Honorable Service Certificate/Report of Casualty, from the department of
    27  defense,  (iii)  who  served as a United States civilian employed by the
    28  American Field Service and served overseas under  United  States  Armies
    29  and United States Army Groups in world war II during the period of armed
    30  conflict,  December  seventh,  nineteen  hundred  forty-one  through May
    31  eighth, nineteen hundred forty-five,  and  who  (1)  was  discharged  or
    32  released  therefrom  under honorable conditions, or (2) has a qualifying
    33  condition, as defined in section one of the veterans' services law,  and
    34  has  received  a  discharge  other than bad conduct or dishonorable from
    35  such service, or (3) is a discharged LGBT veteran, as defined in section
    36  one of the veterans' services law, and has received  a  discharge  other
    37  than bad conduct or dishonorable from such service, (iv) who served as a
    38  United  States civilian Flight Crew and Aviation Ground Support Employee
    39  of Pan American World Airways or one of its subsidiaries or  its  affil-
    40  iates  and  served  overseas as a result of Pan American's contract with
    41  Air Transport Command or Naval Air Transport Service during  the  period
    42  of  armed  conflict,  December  fourteenth,  nineteen  hundred forty-one
    43  through August fourteenth, nineteen hundred forty-five, and who (1)  was
    44  discharged  or released therefrom under honorable conditions, or (2) has
    45  a qualifying condition, as defined  in  section  one  of  the  veterans'
    46  services  law,  and  has  received a discharge other than bad conduct or
    47  dishonorable from such service, or (3) is a discharged LGBT veteran,  as
    48  defined in section one of the veterans' services law, and has received a
    49  discharge  other than bad conduct or dishonorable from such service, (v)
    50  notwithstanding any other provision of law  to  the  contrary,  who  are
    51  members  of  the  reserve  components  of the armed forces of the United
    52  States who (1) received an  honorable  discharge  or  release  therefrom
    53  under  honorable  conditions,  or  (2)  has  a  qualifying condition, as
    54  defined in section one of the veterans' services law, and has received a
    55  discharge other than bad conduct or dishonorable from such  service,  or
    56  (3)  is  a  discharged  LGBT  veteran,  as defined in section one of the
        A. 10204                           10
 
     1  veterans' services law, and has received  a  discharge  other  than  bad
     2  conduct  or dishonorable from such service, but are still members of the
     3  reserve components of the armed forces of  the  United  States  provided
     4  that  such members meet all other qualifications under the provisions of
     5  this section, or (vi) who shall be considered to have been discharged or
     6  released from active military service of the United States under  honor-
     7  able  conditions  if:  (1)  the individual served in the active military
     8  service of the United States for the period of time such individual  was
     9  obligated to serve at the time of entry into service; (2) the individual
    10  was not discharged or released from such service at the time of complet-
    11  ing  such period of obligation due to an intervening enlistment or reen-
    12  listment; (3) the individual would have been eligible for a discharge or
    13  release under conditions other than dishonorable at such time except for
    14  such intervening enlistment or  reenlistment;  and  (4)  the  individual
    15  served  in the active military service of the United States for a period
    16  of at least ten years, provided that such  individual  meets  all  other
    17  qualifications under the provisions of this section.
    18    §  13.  Paragraph  b of subdivision 1 of section 250-a of the military
    19  law, as added by chapter 465 of the laws of 2013, is amended to read  as
    20  follows:
    21    b. In the event the governor orders the flags of the United States and
    22  the  State  of New York, to be lowered to half staff, in memorial of the
    23  death of any service member of the army, navy (including marine  corps),
    24  air  force,  space  force,  or  coast guard of the United States, or any
    25  service member of the army national guard,  air  national  guard,  state
    26  guard or naval militia, the adjutant general, shall, in cooperation with
    27  the office of general services, arrange for the procurement of a flag of
    28  the United States and a flag of the State of New York, which were flying
    29  over  the  capitol  building at the time such flags were lowered to half
    30  staff in compliance with the governor's order. Upon the  procurement  of
    31  such  flags, the adjutant general, or [his or her] their representative,
    32  shall offer the presentment of such flags, without cost, to  the  person
    33  designated  to  dispose  of  the remains of the service member, in whose
    34  honor such flags were lowered in memorial.
    35    § 14. This act shall take effect immediately; provided, however,  that
    36  the  amendments  to  paragraph (b) of subdivision 5 of section 50 of the
    37  civil service law made by section ten of this act shall  be  subject  to
    38  the  expiration and reversion of such paragraph pursuant to section 2 of
    39  part EE of chapter 55 of the laws of  2023,  when  upon  such  date  the
    40  provisions of section eleven of this act shall take effect.