A08294 Summary:

BILL NOA08294A
 
SAME ASSAME AS S07526-A
 
SPONSORBarrett
 
COSPNSRHunter, Cusick, Stern, Santabarbara, Pheffer Amato, Burdick, Rajkumar, Septimo, Wallace, Ashby, McDonough, Hawley, Morinello, Manktelow, Burke, Buttenschon, Griffin, Lunsford, McMahon, Sillitti, Steck, Gonzalez-Rojas, Lavine, Lupardo, Englebright, Thiele, Anderson, Salka, McDonald, Schmitt, Woerner, Dickens, Angelino, DeStefano, Jacobson, Epstein, Perry, Rosenthal D, Miller M, Stirpe, Cruz, Lemondes, Conrad, Miller B, Taylor, Norris, DiPietro, Solages, Jones, Cahill
 
MLTSPNSR
 
Amd Various Laws, generally
 
Establishes the veterans' services law and the department of veterans' services; replaces all instances of the term "division of veterans' services" with the term "department of veterans' services".
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A08294 Actions:

BILL NOA08294A
 
10/15/2021referred to veterans' affairs
12/13/2021amend and recommit to veterans' affairs
12/13/2021print number 8294a
01/05/2022referred to veterans' affairs
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A08294 Committee Votes:

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A08294 Floor Votes:

There are no votes for this bill in this legislative session.
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A08294 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         8294--A
 
                               2021-2022 Regular Sessions
 
                   IN ASSEMBLY
 
                                    October 15, 2021
                                       ___________
 
        Introduced  by  M.  of  A. BARRETT, HUNTER, CUSICK, STERN, SANTABARBARA,
          PHEFFER AMATO, BURDICK, RAJKUMAR, SEPTIMO, WALLACE, ASHBY,  McDONOUGH,
          HAWLEY,  MORINELLO,  MANKTELOW, BURKE, BUTTENSCHON, GRIFFIN, LUNSFORD,
          McMAHON, SILLITTI,  STECK,  GONZALEZ-ROJAS,  LAVINE,  LUPARDO,  ENGLE-
          BRIGHT,  THIELE, ANDERSON, SALKA, McDONALD, SCHMITT, WOERNER, DICKENS,
          ANGELINO, DeSTEFANO, JACOBSON, EPSTEIN, PERRY, D. ROSENTHAL,  M. MILL-
          ER,  STIRPE, CRUZ, LEMONDES, CONRAD, B. MILLER, TAYLOR, NORRIS, DiPIE-
          TRO, SOLAGES, JONES, CAHILL -- read once and referred to the Committee
          on Veterans' Affairs -- committee discharged,  bill  amended,  ordered
          reprinted as amended and recommitted to said committee
 
        AN  ACT  in relation to constituting chapter 13 of the consolidated law,
          in relation to establishing the veterans' services law and the depart-
          ment of veterans' services; to amend the domestic relations  law,  the
          education  law,  the election law, the environmental conservation law,
          the executive law, the general  municipal  law,  the  labor  law,  the
          mental  hygiene  law,  the  not-for-profit corporation law, the public
          health law, the social  services  law,  the  state  finance  law,  the
          defense  emergency act of 1951, the administrative code of the city of
          New York, the New York city charter, the cannabis law, the state tech-
          nology  law,  the  county  law,  the  economic  development  law,  the
          correction  law,  the civil service law, the general business law, the
          general construction law, the highway  law,  the  insurance  law,  the
          judiciary  law,  the  military law, the public housing law, the public
          officers law, the private housing finance law, the real  property  tax
          law,  the  tax law, the town law, the vehicle and traffic law, and the
          workers' compensation law, in relation to replacing all  instances  of
          the  term "division of veterans services" with the term "department of
          veterans' services" and to making related conforming technical  chang-
          es;  and to repeal certain provisions of the executive law relating to
          veterans' services and of the military law relating to certain  awards
          and medals
 
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13178-06-1

        A. 8294--A                          2
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section  1. Articles 17, 17-A and 17-B of the executive law and subdi-
     2  vision 1-c of section 247 of the military law are REPEALED.
     3    § 2. Chapter 13 of  the  consolidated  laws  is  enacted  to  read  as
     4  follows:
     5                     CHAPTER 13 OF THE CONSOLIDATED LAWS
     6                             VETERANS' SERVICES
     7                                  ARTICLE 1
     8                      DEPARTMENT OF VETERANS' SERVICES
     9  Section 1.  Definitions.
    10          2.  Department of veterans' services.
    11          3.  Veterans' services commission.
    12          4.  General functions, powers and duties of department.
    13          5.  Veteran speaker education program.
    14          6.  Cooperation and facilities of other departments.
    15          7.  Information on status of veterans receiving assistance.
    16          8.  New  York state supplemental burial allowance for members of
    17                the armed forces of the United States killed in combat  or
    18                duty  subject  to  hostile  fire  or  imminent  danger, as
    19                defined in 37 USC § 310.
    20          9.  New York state veteran burial fund.
    21          10. Time within which marriage may be solemnized; member of  the
    22                armed forces.
    23          11. Use  of  personal  confidential  information  obtained  from
    24                veterans or family members of veterans receiving  services
    25                from the state and political subdivisions thereof.
    26          12. Acceptance of gifts.
    27          13. State veterans' service agency.
    28          14. Local veterans' service agencies.
    29          15. Powers and duties of local veterans' service agencies.
    30          16. Location and cost of local veterans' service agencies; depu-
    31                ty local directors.
    32          17. Local veterans' service committees.
    33          18. Appropriations  for  expenses and activities of local veter-
    34                ans' service agencies.
    35          19. Women veterans coordinator.
    36          20. Creation of annuity.
    37          21. Evidence of entitlement.
    38          22. Persons who may receive annuity.
    39          23. New York state veterans' cemeteries.
    40          24. Veterans health screening.
    41          25. Payment to parents of veterans.
    42          26. Cremated remains of a veteran.
    43          27. New York state silver rose veterans service certificate.
    44    § 1. Definitions. When used in this article:
    45    1. The term "department" means the department of veterans' services.
    46    2. The term "state commissioner" means the New York state commissioner
    47  of veterans' services.
    48    3. The term "veteran" means a person, male or female, resident of this
    49  state, who has served in the active military or  naval  service  of  the
    50  United  States  during  a war in which the United States engaged and who
    51  has been released from  such  service  otherwise  than  by  dishonorable
    52  discharge, or who has been furloughed to the reserve.

        A. 8294--A                          3
 
     1    4.  The term "armed forces" means the military and naval forces of the
     2  United States.
     3    5.  The  term  "local director" means the director of a county or city
     4  veterans' service agency.
     5    6. The term "county director" means  a  local  director  of  a  county
     6  veterans' service agency.
     7    7. The term "city director" means a local director of a city veterans'
     8  service agency.
     9    8. The term "qualifying condition" means a diagnosis of post-traumatic
    10  stress  disorder  or traumatic brain injury made by, or an experience of
    11  military sexual trauma, as described in 38 USC 1720D,  as  amended  from
    12  time  to  time,  disclosed  to, an individual licensed to provide health
    13  care services at a United States Department of Veterans Affairs facility
    14  or an individual licensed to provide health  care  services  within  the
    15  state of New York. The department shall develop a standardized form used
    16  to confirm that the veteran has a qualifying condition under this subdi-
    17  vision.
    18    9.  The  term  "discharged  LGBT  veteran"  means  a  veteran  who was
    19  discharged less than honorably from military or  naval  service  due  to
    20  their  sexual  orientation  or  gender  identity or expression, as those
    21  terms are defined in section two hundred  ninety-two  of  the  executive
    22  law, or statements, consensual sexual conduct, or consensual acts relat-
    23  ing to sexual orientation, gender identity or expression, or the disclo-
    24  sure  of  such statements, conduct, or acts, that were prohibited by the
    25  military or naval service at the time of discharge. The department shall
    26  establish a consistent and uniform process to determine whether a veter-
    27  an qualifies as  a  discharged  LGBT  veteran  under  this  subdivision,
    28  including, at a minimum, standards for verifying a veteran's status as a
    29  discharged  LGBT veteran, and a method of demonstrating eligibility as a
    30  discharged LGBT veteran.
    31    § 2. Department of veterans'  services.  There  is  hereby  created  a
    32  department  of  veterans' services. The head of such department shall be
    33  the New York state commissioner of veterans' services  who  shall  be  a
    34  veteran.  He  or  she  shall be appointed by the governor and shall hold
    35  office during his or her pleasure. Such state commissioner shall receive
    36  an annual salary to be fixed  by  the  governor  within  the  limitation
    37  provided  by law. He or she shall also be entitled to receive his or her
    38  expenses actually and necessarily incurred by him or her in the perform-
    39  ance of his or her duties.  The state commissioner, with the approval of
    40  the governor, may establish such bureaus within the  department  as  are
    41  necessary  and appropriate to carrying out its functions and may consol-
    42  idate or abolish such bureaus. The state commissioner may  appoint  such
    43  officers,  consultants,  clerks  and other employees and agents as he or
    44  she may deem necessary, fix their  compensation  within  the  limitation
    45  provided by law, and prescribe their duties.
    46    §  3.  Veterans' services commission. 1. There shall be in the depart-
    47  ment a veterans' services commission, which shall consist of the members
    48  and the ex officio members provided for in this section.
    49    2. There shall be thirteen members of  the  commission  who  shall  be
    50  veterans appointed by the governor, including two appointed on recommen-
    51  dation of the temporary president of the senate, one appointed on recom-
    52  mendation  of the minority leader of the senate, two appointed on recom-
    53  mendation  of  the  speaker  of  the  assembly,  and  one  appointed  on
    54  recommendation  of  the minority leader of the assembly. The appointment
    55  of members made by the governor without recommendation shall be  subject
    56  to  advice  and  consent  of the senate.   The members of the commission

        A. 8294--A                          4
 
     1  shall serve for terms of three years each. Appointed  members  presently
     2  serving  on  the commission shall continue to serve for the remainder of
     3  the term appointed.  Any member chosen to fill  a  vacancy  of  such  an
     4  appointed member occurring otherwise than by expiration of term shall be
     5  appointed  for the remainder of the unexpired term of the member whom he
     6  or she is to succeed. Members appointed as provided in this  subdivision
     7  shall  receive  no salary or other compensation, but each shall be enti-
     8  tled to receive  expenses  actually  and  necessarily  incurred  in  the
     9  performance of their duties.
    10    3.  Ex  officio  members. (a) The adjutant general of the state of New
    11  York shall be an ex officio member of the commission.
    12    (b) In addition, the state commissioner may appoint the  head  of  any
    13  other  state agency or their designee as a non-voting, ex officio member
    14  of the commission. Such appointments shall expire annually  on  December
    15  thirty-first  unless  such appointments are renewed by the state commis-
    16  sioner.
    17    4. One of the members of the commission, which shall include the adju-
    18  tant general, shall be designated as chairperson by  the  governor.  The
    19  designation shall be in writing and shall be filed with the commission.
    20    5.  The  commission  shall  have  power,  and it shall be its duty, to
    21  assist the state commissioner in the formulation of  policies  affecting
    22  veterans  and  in  the  coordination of all operations of state agencies
    23  relating to veterans' services.
    24    § 4. General functions, powers and duties of department.  The  depart-
    25  ment,  by  and through the state commissioner or his or her duly author-
    26  ized officer or employee, shall have the following functions, powers and
    27  duties:
    28    1. To coordinate the program and activities of departments, divisions,
    29  boards, bureaus, commissions or agencies of the state or  of  any  poli-
    30  tical  subdivision  of the state in providing services and facilities to
    31  members of the armed forces and to veterans who are  residents  of  this
    32  state and their families.
    33    2.  To  maintain  liaison  with  other  public  officials and agencies
    34  concerned with the development or execution of plans for members of  the
    35  armed  forces  and  veterans  who are residents of this state, and their
    36  families, and to assist in the development and execution of such plans.
    37    3. To establish, direct and supervise a state veterans' services agen-
    38  cy; and to create or designate other agencies of the department  to  aid
    39  and  assist  in the discharge of one or more of its functions, powers or
    40  duties under this article, and grant authority to such agencies  as  may
    41  be  deemed  necessary  for  the  effective accomplishment of any of such
    42  functions, powers or duties.
    43    4. To operate and maintain counseling services, rest camps  and  other
    44  agencies  and institutions and to administer benefits and facilities for
    45  members of the armed forces and  veterans  who  are  residents  of  this
    46  state, and their families.
    47    5.  To  provide  seminars three times per year at locations throughout
    48  the state to advise veterans and their surviving spouses,  who  are  age
    49  sixty-two or older, of veterans' benefits for which they may be eligible
    50  from  the state and federal governments, and the means of obtaining such
    51  benefits.
    52    6. To provide seminars three times per year  at  locations  throughout
    53  the  state to advise women veterans of their benefits for which they may
    54  be eligible from the state and federal governments, the means of obtain-
    55  ing such benefits and other  topics,  including,  but  not  limited  to,
    56  health care issues of specific interest to women veterans.

        A. 8294--A                          5
 
     1    7.  To  provide in cooperation with the office of general services and
     2  the office of the comptroller  a  series  of  seminars,  that  shall  be
     3  conducted four or more times per year at regional sites located through-
     4  out  the  state  of  New  York for the purpose of advising veteran-owned
     5  businesses  regarding the opportunities available for obtaining procure-
     6  ment contracts from New York state agencies, municipalities, and author-
     7  ities. Furthermore the seminars shall provide requirements and  training
     8  that will enable veteran-owned businesses to successfully participate in
     9  the procurement process.
    10    8.  To  execute and assist in the execution of plans for the efficient
    11  utilization of the resources and facilities  of  the  state  in  matters
    12  related to members of the armed forces and veterans who are residents of
    13  this state, and their families.
    14    9.  To  make  studies  and  analyses and develop and execute plans for
    15  assistance and benefits to members of the armed forces and veterans  who
    16  are  residents  of  this  state, and their families, and the creation of
    17  agencies, institutions and facilities therefor.
    18    10. To prepare and submit a report, in consultation with the office of
    19  temporary and disability assistance, department of labor, and office  of
    20  children and family services to determine the number of homeless persons
    21  in New York state that are veterans.  Such report shall include, but not
    22  be  limited to, the following information to the extent it is reasonably
    23  accessible to the department: (a) an analysis of veterans  in  New  York
    24  state  who  are  currently  homeless,  or have been homeless within five
    25  years of being released from active duty including an analysis of gender
    26  as it relates to homelessness of veterans; (b) data  on  the  number  of
    27  children  of  homeless veterans, including the current placement of such
    28  children; (c) cases of military sexual trauma  experienced  by  homeless
    29  veterans  while  on active duty or during military training, including a
    30  breakdown of the collected data based upon the gender of the victim; and
    31  (d) the unemployment rate for New York state veterans. The  term  "chil-
    32  dren  of homeless veterans" shall mean a person who is unmarried and who
    33  is under the age of eighteen years, and is  the  biological  or  legally
    34  adopted  child of a veteran. The report shall be delivered to the gover-
    35  nor, the speaker of the assembly and  the  temporary  president  of  the
    36  senate  by  June  thirtieth,  two  thousand twenty and every three years
    37  thereafter. Such report shall be publicly available and  posted  on  the
    38  department of veterans' services website.
    39    11.  To develop and encourage plans for the occupational reorientation
    40  of veterans who are residents of this state, including the determination
    41  and certification of civilian equivalents for  military  experience  and
    42  the development and encouragement of on-the-job training and apprentice-
    43  ship  training  programs.  Furthermore,  the department shall provide an
    44  internet connection to correlate military occupations  and  skills  into
    45  civilian translations and terms.
    46    12.  To  provide information regarding resources that are available to
    47  assist veterans in establishing and sustaining a small business by main-
    48  taining a small business portal on the  department's  internet  website.
    49  Such  portal  shall  provide  virtual  links  to  appropriate government
    50  programs including, but not limited to the United States  Department  of
    51  Veterans'  Affairs.  The  department may consult with the New York State
    52  Small Business Development Center and any other appropriate state  agen-
    53  cies.  The  department  shall  make reference to this information in its
    54  newsletter, at the three seminars sponsored by the  department  pursuant
    55  to  subdivisions  five,  six,  and  seven of this section and the annual
    56  report to the governor and the legislature as  provided  in  subdivision

        A. 8294--A                          6
 
     1  seventeen of this section. Such information required under this subdivi-
     2  sion  shall be maintained and updated annually. The information may also
     3  be made available in printed form.
     4    13.  To  provide information regarding resources that are available to
     5  assist veterans in  obtaining  employment  by  maintaining  a  veterans'
     6  employment  portal  on  the  department's  internet website. Such portal
     7  shall provide virtual links to appropriate governmental programs on  the
     8  federal and state level, including, but not limited to the United States
     9  department  of  labor  and  the  New York state department of labor. The
    10  department may consult with members of the community devoted to  helping
    11  veterans  obtain employment. The department shall make reference to this
    12  information pursuant to  subdivisions  five,  six,  and  seven  of  this
    13  section  and  the  annual  report to the governor and the legislature as
    14  provided in subdivision seventeen  of  this  section.  Such  information
    15  required  under this subdivision shall be maintained and updated annual-
    16  ly. The information may also be made available in printed form.
    17    14. To adopt, promulgate, amend and rescind suitable rules  and  regu-
    18  lations to carry out the provisions of this article.
    19    15.  To  recommend  to  the  legislature  and the governor legislative
    20  proposals for the benefit of members of the armed  forces  and  veterans
    21  who are residents of this state, and their families.
    22    16. To exercise and perform such other functions, powers and duties as
    23  may be deemed necessary to protect the interests and promote the welfare
    24  of  members  of  the armed forces and veterans who are residents of this
    25  state, and their families.
    26    17. To render each year to the governor and to the legislature a writ-
    27  ten report of the activities and recommendations of the department.
    28    18. (a) For the purpose of providing for the construction,  establish-
    29  ment,  expansion,  improvement,  support, operation, maintenance and the
    30  provision of perpetual care for  state  veterans'  cemeteries,  to  seek
    31  funding from, and make application for funding to:
    32    (1)  the  government  of  the  United  States, including any agency or
    33  public authority thereof;
    34    (2) the government of the state of New York, including any  agency  or
    35  public authority thereof;
    36    (3)  any  political  subdivision of the government of the state of New
    37  York, including any agency or public authority thereof; or
    38    (4) any private individual, corporation or foundation;
    39    (b) Pursuant to section twenty-three of this article, to  provide  for
    40  the construction, establishment, expansion, improvement, support, opera-
    41  tion, maintenance and the provision of perpetual care for state veterans
    42  cemeteries;
    43    (c)  To expend moneys from the veterans remembrance and cemetery main-
    44  tenance and operation fund, established pursuant to section  ninety-sev-
    45  en-mmmm of the state finance law; and
    46    (d) To evaluate, monitor and otherwise oversee the operation of veter-
    47  ans cemeteries in this state.
    48    19.  To make application to the government of the United States or any
    49  political subdivision, agency or instrumentality thereof, for funds  for
    50  the purpose of providing an optional fund for the burial of veterans who
    51  (i)  were  honorably  discharged  or (ii) had a qualifying condition, as
    52  defined in section one of this article, and received a  discharge  other
    53  than bad conduct or dishonorable, or (iii) were a discharged LGBT veter-
    54  an,  as defined in section one of this article, and received a discharge
    55  other than bad conduct or dishonorable, in any  not-for-profit  cemetery
    56  corporation  in this state; provided, however, that all costs associated

        A. 8294--A                          7
 
     1  with the establishment of such optional fund shall be borne by the poli-
     2  tical subdivision, agency or instrumentality with which  the  department
     3  has contracted.
     4    20.  To  establish, operate and maintain a toll-free telephone number,
     5  under the supervision of the state  commissioner,  for  the  purpose  of
     6  providing callers thereof with information relating to services provided
     7  by  the department as well as services and programs provided to veterans
     8  by other agencies, bureaus and organizations. Such services and programs
     9  shall include, but not be limited  to,  educational  and  job  benefits,
    10  tuition assistance programs, survivor benefits, health and mental health
    11  referrals and real property tax exemptions.
    12    21.  To  establish,  operate  and  maintain a free mobile application,
    13  under the supervision of the state commissioner,  for  the  purposes  of
    14  providing  veterans and their family members with information, available
    15  on a region-specific basis, relating to services provided by the depart-
    16  ment as well as services and programs  provided  to  veterans  by  other
    17  state  agencies,  the  federal government, and other organizations. Such
    18  services and programs shall include, but not be limited  to  educational
    19  and job benefits, tuition assistance programs, survivor benefits, health
    20  and  mental  health  referrals,  and  real  property tax exemptions. The
    21  department's website shall contain a link to the  free  mobile  applica-
    22  tion.
    23    22.  To develop, jointly with the commissioner of education, a form by
    24  which the parent or person in parental relation to  a  designated  child
    25  may,  should  he or she so elect, report to the department that a parent
    26  of such child is a veteran of the armed forces  who  served  in  Vietnam
    27  during the Vietnam conflict. This form shall: (i) clearly state that the
    28  parent  or  person  in  parental relation is not required to provide the
    29  information requested and that the information will have no bearing upon
    30  the services the child will receive; (ii)  state  that  the  information
    31  will  be  used  exclusively  for  research  purposes  and  explain those
    32  research purposes in plain language; and (iii) provide  the  address  to
    33  which  the form is to be mailed, should the parent or person in parental
    34  relation elect to make such report. For the purposes  of  this  subdivi-
    35  sion,  the  term  "designated  child" shall mean a child designated by a
    36  school district committee  on  special  education  pursuant  to  section
    37  forty-four  hundred two of the education law as either learning disabled
    38  or emotionally disturbed.
    39    23. To process all information received from nursing homes  and  resi-
    40  dential  health  care facilities, including assisted living and assisted
    41  living residences as defined in section forty-six hundred  fifty-one  of
    42  the  public health law, and adult care facilities authorized under title
    43  two of article seven of the social services law, indicating  veteran  or
    44  veteran  spouse status. Such processing shall occur by transmitting such
    45  information to state counselors for  review  and  potential  linkage  to
    46  applicable  benefits,  including  but  not  limited  to  federal aid and
    47  attendance and a federal  improved  pension  program.  State  counselors
    48  shall  work with county counselors or any accredited service officers of
    49  an organization chartered by the congress of the  United  States  and/or
    50  recognized  by  the  department  of veterans affairs for claim represen-
    51  tation as necessary and where appropriate.  Such  information  shall  be
    52  protected  as  personal  confidential information under article six-A of
    53  the public officers law against disclosure of confidential material, and
    54  shall be used only to assist in providing linkage to applicable benefits
    55  and entitlements under federal and state law.

        A. 8294--A                          8
 
     1    24. To include within the annual report  as  required  by  subdivision
     2  seventeen  of this section an accounting of the number of forms received
     3  from nursing homes and residential  health  care  facilities,  including
     4  assisted  living  and  assisted  living residences as defined in section
     5  forty-six  hundred  fifty-one  of  the public health law, and adult care
     6  facilities authorized under title two of article  seven  of  the  social
     7  services  law, and the specific number of veterans and spouses of veter-
     8  ans linked to applicable benefits, including, but not limited to federal
     9  aid and attendance and a federal improved pension program.  Such  report
    10  shall  evaluate the average time taken by the department between receipt
    11  of such information, transmission to veterans counselors and linkage  to
    12  available benefits. Such report shall also evaluate the effectiveness of
    13  the program and make recommendations for improvements as necessary.
    14    25.  To encourage the development of and to provide for the establish-
    15  ment of a state women veterans coordinator, as provided in section nine-
    16  teen of this article.
    17    26. To make  available  information  on  accident  prevention  courses
    18  approved  by  the  commissioner  of motor vehicles online on the depart-
    19  ment's website. The department shall provide a link to the department of
    20  motor vehicles website pages  containing  information  on  the  accident
    21  prevention courses.
    22    27.  To  provide information regarding resources that are available to
    23  assist veterans who experience mental health or  substance  abuse  prob-
    24  lems,  and  veterans  with  physical disabilities, by maintaining mental
    25  health, substance abuse and physical disabilities portals on the depart-
    26  ment's internet website. Such portals shall  provide  virtual  links  to
    27  appropriate  governmental  programs  on the federal and state levels and
    28  information on  suicide  prevention,  peer  outreach  and  support,  and
    29  services that address the special needs of physically disabled veterans.
    30  The  department may consult with the office of mental health, the office
    31  of addiction services and supports, the department  of  health  and  the
    32  department  of labor. The department shall make reference to this infor-
    33  mation provided pursuant to subdivisions five and six  of  this  section
    34  and  in  the  annual report to the governor and the legislature required
    35  pursuant to subdivision seventeen  of  this  section.  Such  information
    36  required  under this subdivision shall be maintained and updated annual-
    37  ly.
    38    28. To include within the annual report  as  required  by  subdivision
    39  seventeen  of  this section an accounting of the number of veteran-owned
    40  small businesses in the state of New York, to be listed by the following
    41  designations: small business concern owned and controlled by veterans as
    42  set forth in 15 U.S.C. section 632(Q)(3), as amended from time to  time,
    43  and  service  disabled veteran-owned business enterprise as set forth in
    44  article three of this chapter. Such listing shall  include  but  not  be
    45  limited  to  the  name  of the veteran owner or owners of each business,
    46  location of each such business, the type of each such business and when-
    47  ever practicable, be divided into categories of labor, services,  equip-
    48  ment, materials and recognized construction trades. The department shall
    49  request  this information annually from the U.S.  department of veterans
    50  affairs, any other appropriate federal agencies and  the  department  of
    51  service-disabled  veterans'  business  development  within  the New York
    52  state office of general services.
    53    29. To maintain a fact sheet on the  department's  webpage  containing
    54  (a)  contact  information  for  all veterans integrated service networks
    55  located within the state, (b) current contact information for the United
    56  States veterans health administration including VA medical  centers  and

        A. 8294--A                          9
 
     1  clinics  and  (c)  contact information for each New York State veterans'
     2  home. The fact  sheet  shall  be  entitled,  "Information  for  Veterans
     3  concerning Health Care Options" and shall be updated annually.
     4    30.  To  maintain  a  listing on the department's website of the local
     5  veterans' service agencies established pursuant to section  fourteen  of
     6  this  article  with  the  name, location, hours of operation and contact
     7  information of each  county  and  city  veterans'  service  agency.  The
     8  department  shall  also provide this information in its annual report to
     9  the governor and the legislature as  required  pursuant  to  subdivision
    10  seventeen  of this section.  Information under this subdivision shall be
    11  provided to the department by each local veterans'  service  agency  and
    12  shall be updated annually.
    13    31.  To maintain a discharge upgrade advisory board program within the
    14  department to provide written non-binding advisory opinions to  veterans
    15  of the state of New York appealing their character of discharge from the
    16  discharge  review board or the board for corrections of military records
    17  for their branch of service on  the  federal  level.    Individuals  may
    18  submit  an  application with evidence, including all relevant documents,
    19  which shall be reviewed by the discharge upgrade advisory board  program
    20  in  a timely manner. If such board finds the veteran's application for a
    21  discharge upgrade is meritorious, then the board will provide the veter-
    22  an with a written opinion advocating for the discharge review  board  or
    23  board  for corrections of military or naval records to grant that veter-
    24  an's appeal. The department shall  post  information  on  the  discharge
    25  upgrade  advisory  board  program  on  its  official webpage. The annual
    26  report required by subdivision seventeen of this section  shall  contain
    27  information including, but not limited to, the number of cases reviewed,
    28  and  the  number  of cases where a veteran's application was found to be
    29  meritorious.
    30    32. To provide information regarding resources that are  available  to
    31  assist  veterans  who experienced military sexual trauma while on active
    32  duty or during military training, by maintaining a military sexual trau-
    33  ma portal on  the  department's  internet  website.  Such  portal  shall
    34  provide virtual links to appropriate governmental programs on the feder-
    35  al  and  state  levels.    The department may consult with the office of
    36  mental health and the department of health. The  department  shall  make
    37  reference to this information provided pursuant to subdivisions five and
    38  six  of  this  section  and in the annual report to the governor and the
    39  legislature required pursuant to subdivision seventeen of this  section.
    40  Such information required under this subdivision shall be maintained and
    41  updated annually.
    42    33.  To  make  widely available to the public via, among other things,
    43  publication on the department's  website  and  free  mobile  application
    44  pursuant  to subdivision twenty-one of this section, information regard-
    45  ing the veterans remembrance and cemetery maintenance and operation fund
    46  established pursuant to section ninety-seven-mmmm of the  state  finance
    47  law.
    48    34.  To  coordinate  outreach efforts that ensure members of the armed
    49  forces and veterans who are residents of this state, and their families,
    50  are made aware of services for veterans from any departments, divisions,
    51  boards, bureaus, commissions or agencies of the state or  any  political
    52  subdivision of this state.
    53    35.  To  develop collaborative relationships among state, federal, and
    54  local agencies and private organizations, including but not  limited  to
    55  the  office  of mental health, state office for the aging, and office of
    56  addiction services and supports, to help facilitate access  to  services

        A. 8294--A                         10
 
     1  by  members  of  the  armed forces and veterans who are residents of the
     2  state and their families.
     3    § 5. Veteran speaker education program. 1. There is hereby established
     4  within  the  department a veteran speaker education program to be devel-
     5  oped and implemented  by  the  commissioner  in  consultation  with  the
     6  commissioner of the New York state military museum and veterans resource
     7  center  and  in  accordance  with  the provisions of this section.  Such
     8  program shall provide school districts within this state with a  listing
     9  of  available  veteran  speakers  willing  to  visit  classrooms for the
    10  purpose of discussing their military experience.
    11    2. The department, from its  available  resources,  shall  develop  an
    12  informational  pamphlet  to  be  distributed either by mail or electron-
    13  ically to school districts which provides  a  general  overview  of  the
    14  program  including  its  purpose and how to participate.  The department
    15  shall, in consultation with congressionally chartered veterans organiza-
    16  tions and local veterans services agencies, appoint and create a listing
    17  of veteran speakers coordinators for each county of the state who  shall
    18  be  listed in the informational pamphlet. The veteran speakers coordina-
    19  tors' duties shall include but not be limited to contacting veterans who
    20  reside in their county including those  who  have  participated  in  the
    21  veteran's  oral history program at the New York state military museum or
    22  the West Point oral history project or the veterans history  project  of
    23  the  American  Folklore  Center or any similar oral history project with
    24  information about this program and inquiring as to whether such  persons
    25  would  be  willing  to participate as speakers or in any other capacity.
    26  The listing shall include the names and  contact  information  for  such
    27  veterans  including  information describing the type of military service
    28  performed by each such person, the time and length of service, geograph-
    29  ic area or areas where such person served and rank.  The veteran  speak-
    30  ers  coordinators  shall  annually update such information regarding the
    31  availability of such veterans.
    32    3. No teacher or veteran shall be  required  to  participate  in  this
    33  program.    Any  teacher  who  wishes to supplement his or her classroom
    34  instruction concerning a particular era in American military history may
    35  contact a participating veteran personally to request that  such  person
    36  visit  a  classroom to discuss his or her military experience. A teacher
    37  shall  be  responsible  for  ascertaining  the  appropriateness  of  any
    38  proposed  speaker  based  upon  the age of the children and the intended
    39  subject matter. Nothing in this section shall be intended  to  supersede
    40  any  particular  or  general  school  rules or regulations or other laws
    41  relating to curriculum.
    42    4. The department shall require a  certified  copy  of  the  veteran's
    43  discharge  papers  to  participate  in the veteran speaker program. Such
    44  form shall be filed with the department to serve as evidence  that  such
    45  person is a veteran who served in the United States military honorably.
    46    5.  The department shall implement a procedure for evaluations of each
    47  speaker to be completed by teachers  and  students,  and  maintain  such
    48  evaluations  and  make them available upon request to other teachers who
    49  plan to participate.
    50    6. The department may consult with other  veterans  organizations  and
    51  any branch of the U.S. military in the development of this program.
    52    §  6.  Cooperation  and facilities of other departments. To effectuate
    53  the purposes of this article, the governor may  direct  any  department,
    54  division,  board,  bureau,  commission or agency of the state, or of any
    55  political subdivision thereof, to cooperate with and assist  and  advise
    56  the  department  in  the performance of its duties and functions, and to

        A. 8294--A                         11
 
     1  provide  such  facilities,  including  personnel,  materials  and  other
     2  assistance and data as will enable the department or any of its agencies
     3  to  properly  carry out its activities and effectuate its purposes under
     4  this article.
     5    §  7. Information on status of veterans receiving assistance.  Depart-
     6  ments, divisions, bureaus, boards, commissions and agencies of the state
     7  and political subdivisions thereof, which provide assistance, treatment,
     8  counseling, care, supervision or  custody  in  service  areas  involving
     9  health,  mental health, family services, criminal justice or employment,
    10  including but not limited  to  the  office  of  addiction  services  and
    11  supports,  office of mental health, office of probation and correctional
    12  alternatives, office of children and family services, office  of  tempo-
    13  rary  and  disability  assistance,  department  of health, department of
    14  labor, local workforce investment boards, office for people with  devel-
    15  opmental  disabilities,  and  department  of  corrections  and community
    16  supervision, shall request assisted persons to provide information  with
    17  regard  to  their  veteran  status and military experiences. Individuals
    18  identifying themselves as veterans shall be advised that the  department
    19  of  veterans'  services and local veterans' service agencies established
    20  pursuant to section fourteen  of  this  article  provide  assistance  to
    21  veterans  regarding  benefits  under  federal and state law. Information
    22  regarding veterans status and  military  service  provided  by  assisted
    23  persons  solely to implement this section shall be protected as personal
    24  confidential information under article six-A of the public officers  law
    25  against  disclosure of confidential material, and used only to assist in
    26  the diagnosis, treatment, assessment and handling of the veteran's prob-
    27  lems within the agency requesting such information and in referring  the
    28  veteran  to  the  department  of  veterans' services for information and
    29  assistance with regard to benefits and entitlements  under  federal  and
    30  state law.
    31    §  8.  New York state supplemental burial allowance for members of the
    32  armed forces of the United States killed in combat or  duty  subject  to
    33  hostile  fire or imminent danger, as defined in 37 USC § 310. 1. As used
    34  in this section, "parent" means a father, a  mother,  a  father  through
    35  adoption,  a mother through adoption, or an individual who, for a period
    36  of not less than one year, at any time before the decedent's entry  into
    37  active military service stood in the relationship of a parent to a dece-
    38  dent  who  died  in  combat  or duty subject to hostile fire or imminent
    39  danger, as defined in 37 USC § 310, or who died from a wound incurred in
    40  combat or while serving on duty subject  to  hostile  fire  or  imminent
    41  danger,  as  defined  in  37  USC  § 310 or, if two persons stood in the
    42  relationship of a parent for one year or more, the person who  bore  the
    43  expenses of the funeral of the decedent.
    44    2.  As  used in this section, (a) "wound" means a physical injury to a
    45  servicemember on active duty caused by (i) a bullet, shrapnel, or  other
    46  projectile;  (ii)  a mine or trap; (iii) an explosion; (iv) a vehicle or
    47  aircraft accident not caused by the servicemember's willful  misconduct;
    48  or  (v) any other action caused or induced by the enemy directly result-
    49  ing in physical harm to the servicemember.
    50    (b) "burial receptacle" means (i) a casket, which shall mean  a  rigid
    51  container  that  is  designed  for  the  encasement of human remains and
    52  customarily ornamented and lined with fabric, (ii) an urn,  which  shall
    53  mean a container of wood, metal, pottery, or other material designed for
    54  the  storage  of  cremated  human  remains, and/or (iii) an outer burial
    55  receptacle, which shall mean a graveliner, burial vault, or other  simi-
    56  lar type of container for the placement of a casket or urn.

        A. 8294--A                         12
 
     1    3.  There is hereby established within the department a New York state
     2  supplemental burial allowance for any member of the armed forces of  the
     3  United States who: (a) died in combat or duty subject to hostile fire or
     4  imminent  danger,  as  defined  in  37  USC  §  310 or died from a wound
     5  incurred  in  combat or while serving on duty subject to hostile fire or
     6  imminent danger, as defined in 37 USC § 310, other than  the  exceptions
     7  noted  in  paragraphs  (d),  (e)  and  (f)  of  subdivision four of this
     8  section, and (b) who was (i) a resident of New York state at the time of
     9  his or her death or (ii) a nonresident of New York state at the time  of
    10  his or her death and a member of the New York Army National Guard or New
    11  York  Air  National Guard at the time he or she entered title 10, United
    12  States Code, federal active duty status during which period  of  service
    13  he or she died.
    14    4.  (a)  The  purpose  of  the  program is to administer and monitor a
    15  supplemental allowance program to aid families of military personnel who
    16  died in combat or duty subject to hostile fire or  imminent  danger,  as
    17  defined in 37 USC § 310, or died from a wound incurred in combat or duty
    18  subject  to hostile fire or imminent danger, as defined in 37 USC § 310,
    19  with respect to expenses incurred  in  connection  with  the  decedent's
    20  funeral and the burial, burial receptacle, cremation, or other interment
    21  of the decedent's remains.
    22    (b) Eligible recipients under this program shall be those who bore the
    23  cost of the decedent's funeral and burial, burial receptacle, cremation,
    24  or  other interment, in the following order of priority: (i) a surviving
    25  spouse or domestic partner of the decedent; (ii) adult children  of  the
    26  decedent,  to  include step-children and adopted children; (iii) parents
    27  or grandparents of the decedent, and parents-in-law or  grandparents-in-
    28  law  of  the  decedent;  (iv)  brothers  or  sisters of the decedent, to
    29  include brothers or sisters adopted by the decedent's  immediate  family
    30  and brothers or sisters with whom the decedent shares only one parent in
    31  common,  and  brothers-in-law  or  sisters-in-law  of  the decedent; (v)
    32  aunts, uncles, and first cousins of the decedent;  and  (vi)  any  other
    33  relative.  Any  applicant convicted of making any false statement in the
    34  application for the reimbursement shall  be  subject  to  the  penalties
    35  prescribed in the penal law.
    36    (c)  Such  burial  allowance is a partial reimbursement of an eligible
    37  decedent's funeral and burial, burial  receptacle,  cremation  or  other
    38  interment costs. The reimbursement is generally applicable to two compo-
    39  nents:  (i) funeral expenses, and (ii) expenses arising from the burial,
    40  burial receptacle, cremation,  or  other  interment  of  the  decedent's
    41  remains.  Any  allowance granted by the government of the United States,
    42  pursuant to 38 U.S.C. §§2301, 2302, 2303, 2306,  2307  and  2308  or  10
    43  U.S.C. § 1482, or by the decedent's state of residence in the case of an
    44  allowance  eligible  pursuant  to  subparagraph (ii) of paragraph (b) of
    45  subdivision three of this section, shall be first applied toward funeral
    46  and burial, burial receptacle, cremation or other interment costs.   The
    47  state  may award an allowance of up to six thousand dollars to cover any
    48  remaining expenses.
    49    (d) The state shall not award any funds from this allowance  to  reim-
    50  burse  any  costs  for  the headstone, grave marker, or medallion of the
    51  decedent.
    52    (e) The state shall not grant supplemental burial  allowance  payments
    53  for  the  funeral  or the burial, burial receptacle, cremation, or other
    54  interment of remains  of  any  decedent  whose  relations  received  any
    55  reimbursement  from  this  allowance for any previous funeral or burial,

        A. 8294--A                         13
 
     1  burial receptacle, cremation, or other interment  of  remains  for  this
     2  same decedent.
     3    (f)  The  state shall not grant supplemental burial allowance payments
     4  for any person filing a completed application for  such  allowance  with
     5  the  state later than:  (i) two years after the applicant received final
     6  written notice from the United States  Department  of  Veterans  Affairs
     7  regarding  an application for reimbursement of funeral or burial, burial
     8  receptacle, cremation or other interment expenses pursuant to 38  U.S.C.
     9  §§2301,  2302,  2303,  2306,  2307, or 2308, or 10 U.S.C. § 1482, or any
    10  combination thereof; or (ii) two years after the expiration date of  the
    11  filing  deadline  to  apply for reimbursement of funeral, burial, burial
    12  receptacle, cremation or other interment expenses from the United States
    13  Department of Veterans Affairs, as defined in 38 U.S.C. § 2304,  if  the
    14  applicant  never  applied  for  reimbursement of funeral, burial, burial
    15  receptacle, cremation or  interment  expenses  from  the  United  States
    16  Department  of Veterans Affairs. Any applications received subsequent to
    17  these prescribed periods shall be denied as time-barred.
    18    (g) Applicants shall  furnish  evidence  of  the  decedent's  military
    19  service  and relevant after action reports or other documents explaining
    20  why the application meets eligibility requirements for each case in  the
    21  manner  and  form  prescribed  by  the  state commissioner or his or her
    22  designee.  Upon being satisfied that the facts in  the  application  are
    23  true, the state commissioner or his or her designee shall certify to the
    24  state  comptroller  the name and address of such recipient. The decision
    25  of the state commissioner or his or her designee on all matters  regard-
    26  ing any payment from this allowance shall be final.
    27    (h)  The state commissioner shall submit a report to the governor, the
    28  chairperson of the senate finance committee, and the chairperson of  the
    29  assembly  ways  and  means committee not later than January fifteenth of
    30  each year in which this section is in effect. Such report shall include,
    31  but not be limited to, regulations promulgated pursuant to this section,
    32  allowances paid, and an account of the monies spent and the relationship
    33  of the distributees to the decedent.
    34    § 9. New York state veteran burial fund. 1. As used in  this  section,
    35  "agent  in  control  of  the  disposition  of  remains" means the person
    36  responsible or designated to  control  the  disposition  of  a  deceased
    37  veteran's  remains  as defined and outlined in section forty-two hundred
    38  one of the public health law. The term "interment" means the disposition
    39  of remains as defined in paragraph (g) of section fifteen hundred two of
    40  the not-for-profit corporation law. The term "burial" shall include  the
    41  process  as  defined  in paragraph (e) of section fifteen hundred two of
    42  the not-for-profit corporation law.
    43    2. As provided in subdivision nineteen of section four of  this  arti-
    44  cle,  there is hereby established within the department a New York state
    45  veterans burial fund for honorably discharged members of the armed forc-
    46  es of the United States who were residents of New York state at the time
    47  of his or her death who (i) were honorably discharged from such service,
    48  or (ii) had a qualifying condition, as defined in section  one  of  this
    49  article, and received a discharge other than bad conduct or dishonorable
    50  from such service, or (iii) were discharged LGBT veterans, as defined in
    51  section  one  of  this  article, and received a discharge other than bad
    52  conduct or dishonorable from such service.
    53    (a) Eligible recipients under this program shall be those who bore the
    54  cost of the funeral as the  agent  in  control  of  the  disposition  of
    55  remains.  An  application shall be made available to an eligible recipi-
    56  ent. Any applicant convicted of making any false statement in the appli-

        A. 8294--A                         14
 
     1  cation  for  the  reimbursement  shall  be  subject  to  the   penalties
     2  prescribed in the penal law.
     3    (b)  Such  optional burial allowance is a reimbursement of an eligible
     4  decedent's burial and interment costs not to exceed  two  thousand  five
     5  hundred  dollars  in  a  New  York  state  not-for-profit  cemetery. The
     6  reimbursement is generally available as a plot interment allowance.  Any
     7  allowance granted by the government of the United States, pursuant to 38
     8  U.S.C.  §§  2302, 2303, 2306, 2307 and 2308 or 10 U.S.C. § 1482 shall be
     9  first applied toward interment costs. An additional allowance of  up  to
    10  the  cost  of the actual burial and interment as provided under subdivi-
    11  sion nineteen of section four of this article may be  awarded  to  cover
    12  any remaining expenses.
    13    (c)  Evidence  of  the  military service of the decedent for each case
    14  shall be furnished in the manner and form prescribed by the state direc-
    15  tor; upon being satisfied that the facts in the  application  are  true,
    16  the  state  commissioner shall certify to the state comptroller the name
    17  and address of such agent in control of the disposition of  remains  for
    18  reimbursement as provided in this section.
    19    §  10.  Time  within  which  marriage may be solemnized; member of the
    20  armed forces.    Notwithstanding  section  thirteen-b  of  the  domestic
    21  relations  law,  where  either  of  the parties making application for a
    22  marriage license, pursuant to section thirteen of the domestic relations
    23  law, is a member of the armed forces of the United States on active duty
    24  the marriage of the parties shall not be solemnized  within  twenty-four
    25  hours after the issuance of the marriage license, nor shall it be solem-
    26  nized after one hundred eighty days from the date of the issuance of the
    27  marriage  license.  Proof  that  the  applicant is a member of the armed
    28  forces of the United States shall be furnished to  the  satisfaction  of
    29  the official issuing the marriage license. Every license to marry issued
    30  pursuant  to the provisions of this section shall state the day and hour
    31  the license is issued and shall contain a  recital  that  it  is  issued
    32  pursuant to the provisions of this section.
    33    §  11. Use of personal confidential information obtained from veterans
    34  or family members of veterans receiving  services  from  the  state  and
    35  political  subdivisions  thereof.  1.  Departments,  divisions, bureaus,
    36  boards, commissions and agencies of the state and political subdivisions
    37  thereof, which provide assistance, treatment, counseling,  care,  super-
    38  vision  or  custody  in  service  areas involving health, mental health,
    39  family services, criminal justice or employment  shall  be  required  to
    40  solicit  information on whether their customer or client is a veteran as
    41  defined in section eighty-five of the civil service law or family member
    42  of a veteran. Any new forms created after the  effective  date  of  this
    43  section  shall  contain the following questions: "Have you served in the
    44  United States Armed Forces?" "Has someone in your family served  in  the
    45  United States military?"
    46    2. Individuals identifying themselves as having served in the military
    47  or  a  family  member  shall be advised that the department of veterans'
    48  services and local veterans service  agencies  established  pursuant  to
    49  section seventeen of this article provide assistance to veterans regard-
    50  ing benefits under federal and state law. Information regarding veterans
    51  and  military  status  provided  by assisted persons solely to implement
    52  this section shall be protected as personal confidential  material,  and
    53  used only to assist in the diagnosis, treatment, assessment and handling
    54  of  the veteran's or family member's problems within the agency request-
    55  ing such information and in referring the veteran or  family  member  to

        A. 8294--A                         15
 
     1  the  department of veterans' services for the information and assistance
     2  with regard to benefits and entitlements under federal and state law.
     3    §  12.  Acceptance  of  gifts. The department with the approval of the
     4  governor, may accept any gift or grant for any of the purposes  of  this
     5  article.  Any  moneys  so  received may be expended by the department to
     6  effectuate any of the purposes of this  article,  subject  to  the  same
     7  limitations  as  to  authorization, audit and approval as are prescribed
     8  for state moneys appropriated for the purposes of this article.
     9    § 13. State veterans' service agency. 1.  A  state  veterans'  service
    10  agency established by the department pursuant to this article shall have
    11  power  and it shall be its duty to inform military and naval authorities
    12  of the United States and assist members of the armed forces  and  veter-
    13  ans, who are residents of this state, and their families, in relation to
    14  (1)  matters  pertaining to educational training and retraining services
    15  and facilities, (2) health,  medical  and  rehabilitation  services  and
    16  facilities,  (3)  provisions  of federal, state and local laws and regu-
    17  lations affording special rights and privileges to members of the  armed
    18  forces  and  war  veterans and their families, (4) employment and re-em-
    19  ployment services, and (5) other matters of similar, related  or  appro-
    20  priate  nature.  The  state  veterans' service agency also shall perform
    21  such other duties as may be assigned by the state commissioner.
    22    2. The state commissioner may, with  the  approval  of  the  governor,
    23  appoint and remove a director of the state veterans' service agency. The
    24  state  commissioner  may  from  time to time establish, alter or abolish
    25  state veterans' service agency districts within the state, establish  or
    26  abolish  offices  therefor,  and appoint and at pleasure remove a deputy
    27  director of the state veterans' service agency for  each  such  district
    28  office. With the approval of the state commissioner, the director of the
    29  veterans'  service agency may appoint such officers, consultants, clerks
    30  and other employees as may be necessary to administer the  functions  of
    31  the  state  veterans'  service agency, fix their compensation within the
    32  limitation provided by law, and prescribe their duties.
    33    § 14. Local veterans' service agencies. 1.  County  veterans'  service
    34  agencies.  There  shall be established a county veterans' service agency
    35  in each county not wholly included within a city, and there shall  be  a
    36  county  director  of  each  county  veterans' service agency. Any county
    37  director hired after the effective date  of  this  chapter  shall  be  a
    38  veteran  as defined in New York state statute. The chair of the board of
    39  supervisors of a county, with the approval of the board of  supervisors,
    40  shall appoint and may at pleasure remove a county director of the county
    41  veterans'  service  agency  for such county. In a county having a county
    42  president, a county executive or other  chief  executive  officer,  such
    43  president  or executive officer shall appoint and may at pleasure remove
    44  a county director. The county director may be paid such compensation  as
    45  shall  be  fixed by the appointing officer and the board of supervisors.
    46  The county director shall appoint such assistants and employees as he or
    47  she may deem necessary, other than those, if any, supplied by the state;
    48  he or she may prescribe the duties of those appointed by him or her  and
    49  fix  their  salaries  within  the appropriations made available for that
    50  purpose by the county and may at pleasure remove any such assistants  or
    51  employees.  The  county  director shall have jurisdiction throughout the
    52  territorial limits of the county, including any city therein which  does
    53  not have a city veterans' service agency, provided that after the estab-
    54  lishment of a city veterans' service agency in any such city, the county
    55  director shall not have jurisdiction within such city.

        A. 8294--A                         16
 
     1    2.  City  veterans'  service  agency.  There may be established a city
     2  veterans' service agency in each city; and there shall be a city  direc-
     3  tor  of  each  city  veterans'  service agency which is established. The
     4  mayor of such city, or the city manager in  a  city  of  less  than  one
     5  hundred  forty  thousand population having a city manager, shall appoint
     6  and may at pleasure remove the city director. A  city  director  may  be
     7  paid  such  compensation as shall be fixed by the mayor or city manager,
     8  as the case may be, empowered to appoint  the  city  director,  and  the
     9  governing body of the city. The city director may appoint such deputies,
    10  assistants  and  employees  as  he  or she may deem necessary other than
    11  those, if any, supplied by the state; the  director  may  prescribe  the
    12  duties  of  those  appointed by him or her and fix their salaries within
    13  the appropriations made available for that purpose by the city  and  may
    14  at  pleasure  remove  any  such assistant or employee.   A city director
    15  shall have jurisdiction throughout the territorial limits of the city.
    16    3. Accreditation. (a) Current county or city  directors  within  three
    17  years  from  the effective date of this subdivision shall take all steps
    18  necessary to be accredited as  a  veterans  service  organization  (VSO)
    19  representative.  Accreditation  shall  mean the authority granted by the
    20  United States Department of Veterans  Affairs  to  assist  veterans  and
    21  their  family  members in the preparation, presentation, and prosecution
    22  of claims for benefits pursuant to section 5902 of Title 38  U.S.C.  and
    23  section  14.628 of Title 38 Code of Federal Regulations.  Once an appli-
    24  cation for accreditation is approved  by  the  General  Counsel  of  the
    25  United  States Department of Veterans Affairs and the applicant is noti-
    26  fied of this action, the director of the county or city veterans service
    27  agency shall file a copy  of  the  accreditation  certificate  from  the
    28  appropriate  veterans  service organization with the commissioner of the
    29  department. Such accreditation shall be maintained during  the  duration
    30  of  his  or her status as a commissioner of such county or city veterans
    31  service agency. The commissioner of the department  may  determine  that
    32  satisfactory completion of a course or instruction on veterans' benefits
    33  approved  by  the  United  States  Department  of  Veterans  Affairs and
    34  conducted by the department may fulfill the requirements of this  subdi-
    35  vision.
    36    (b) Any county or city director hired after the effective date of this
    37  chapter  shall  take  all steps necessary to be accredited as a veterans
    38  service organization (VSO) representative within eighteen months of such
    39  appointment. Accreditation shall  mean  the  authority  granted  by  the
    40  United  States  Department  of  Veterans  Affairs to assist veterans and
    41  their family members in the preparation, presentation,  and  prosecution
    42  of  claims  for benefits pursuant to section 5902 of Title 38 U.S.C. and
    43  section 14.628 of Title 38 Code of Federal Regulations.  Once an  appli-
    44  cation  for  accreditation  is  approved  by  the General Counsel of the
    45  United States Department of Veterans Affairs and the applicant is  noti-
    46  fied of this action, the director of the county or city veterans service
    47  agency  shall  file  a  copy  of  the accreditation certificate from the
    48  appropriate veterans service organization with the commissioner  of  the
    49  department.  Such  accreditation shall be maintained during the duration
    50  of his or her status as a director  of  such  county  or  city  veterans
    51  service  agency. The commissioner of the department may determine that a
    52  satisfactory completion of a course of instruction on veterans' benefits
    53  approved by  the  United  States  Department  of  Veterans  Affairs  and
    54  conducted  by the department may fulfill the requirements of this subdi-
    55  vision.

        A. 8294--A                         17
 
     1    (c) During the time a director is working toward accreditation  pursu-
     2  ant  to  paragraphs (a) and (b) of this subdivision, such individual may
     3  provide services to veterans and their  family  members  as  defined  in
     4  section  fifteen  of  this article other than the preparation, presenta-
     5  tion,  and prosecution of claims for benefits under federal statutes and
     6  regulations.
     7    § 15. Powers and duties of local veterans' service  agencies.  1.    A
     8  local  veterans'  service agency shall have power under the direction of
     9  the state veterans' service agency, and it shall be its duty  to  inform
    10  military  and  naval authorities of the United States and assist members
    11  of the armed forces and veterans, who are residents of this  state,  and
    12  their  families,  in  relation  to (1) matters pertaining to educational
    13  training and retraining services and facilities, (2) health, medical and
    14  rehabilitation services and facilities, (3) provisions of federal, state
    15  and local laws and regulations affording special rights  and  privileges
    16  to  members of the armed forces and war veterans and their families, (4)
    17  employment and re-employment services, (5) the process of submitting  an
    18  application  for  a  discharge upgrade to the discharge upgrade advisory
    19  board, and (6) other matters of similar, related or appropriate  nature.
    20  The  local  veterans' service agency may also assist families of members
    21  of the reserve components of the armed forces and the organized  militia
    22  ordered  into  active duty to ensure that they are made aware of and are
    23  receiving all appropriate support available to them and  are  placed  in
    24  contact  with  the agencies responsible for such support, including, but
    25  not limited to, the division of military and  naval  affairs  and  other
    26  state  agencies responsible for providing such support. The local veter-
    27  ans' service agency also shall perform  such  other  duties  as  may  be
    28  assigned by the state commissioner.
    29    2. A local veterans' service agency shall utilize, so far as possible,
    30  the  services and facilities of existing officers, offices, departments,
    31  commissions, boards, bureaus, institutions and  other  agencies  of  the
    32  state  and  of  the political subdivisions thereof and all such officers
    33  and agencies shall cooperate with and extend such services  and  facili-
    34  ties to the local veterans' service agency as it may require.
    35    §  16.  Location  and cost of local veterans' service agencies; deputy
    36  local directors. 1. A local director shall designate the location of the
    37  local and branch offices of the local veterans'  service  agency  within
    38  his  or  her jurisdiction, which offices shall be open during convenient
    39  hours. The cost of maintenance  and  operation  of  a  county  veterans'
    40  service  agency shall be a county charge and the cost of maintenance and
    41  operation of a city veterans' service agency shall  be  a  city  charge,
    42  excepting that the state commissioner with the approval of the veterans'
    43  services  commission  shall allot and pay, from state moneys made avail-
    44  able to him or her for such purposes, to each county  veterans'  service
    45  agency  and each city veterans' service agency, an amount equal to fifty
    46  per centum of its expenditures for maintenance and operation approved by
    47  the state commissioner, provided that  in  no  event  shall  the  amount
    48  allotted  and  paid for such approved expenditures incurred in any given
    49  year exceed (1) in the case of any county veterans' service agency in  a
    50  county  having  a population of not more than one hundred thousand or in
    51  the case of any city veterans' service agency in a city having  a  popu-
    52  lation  of  not  more than one hundred thousand, the sum of ten thousand
    53  dollars, nor (2) in the case of any county veterans' service agency in a
    54  county having a population in excess of one hundred  thousand  excluding
    55  the  population  of  any city therein which has a city veterans' service
    56  agency, the sum of ten thousand dollars, and, in addition  thereto,  the

        A. 8294--A                         18
 
     1  sum  of  five  thousand  dollars for each one hundred thousand, or major
     2  portion thereof, of the population  of  the  county  in  excess  of  one
     3  hundred  thousand excluding the population of any city therein which has
     4  a  city veterans' service agency, nor (3) in the case of any city veter-
     5  ans' service agency in a city having  a  population  in  excess  of  one
     6  hundred  thousand,  the  sum  of  ten thousand dollars, and, in addition
     7  thereto, the sum of five thousand dollars for each one hundred thousand,
     8  or major portion thereof, of the population of the city in excess of one
     9  hundred thousand. Such population shall be certified in the same  manner
    10  as provided by section fifty-four of the state finance law.
    11    2.  The  head  of  a branch office of a local veterans' service agency
    12  shall be a deputy local director of the local veterans'  service  agency
    13  who  shall  be  appointed by the local director of the county or city in
    14  which the branch office is located with the approval  of  the  governing
    15  body  which  makes  the appropriation for the maintenance of such branch
    16  office; provided, however, that the head of a branch office of  a  local
    17  veterans' service agency which operates in and for two or more adjoining
    18  towns  or adjoining villages in the same county, and hereinafter in this
    19  article referred to as a consolidated branch office, shall be  appointed
    20  by  the  local  director  of  the  county  in which the branch office is
    21  located with the approval of the governing body of each town or  village
    22  which  makes  an  appropriation  for  or  toward the maintenance of such
    23  branch office, and any town or village is authorized to  enter  into  an
    24  agreement  with  an  adjoining  town or an adjoining village in the same
    25  county, respectively, or with two or more respective adjoining towns  or
    26  villages  in  the  same county, providing for their joint undertaking to
    27  appropriate and make available moneys for or toward the  maintenance  of
    28  such a consolidated branch office.
    29    §  17.  Local  veterans'  service committees. The same authority which
    30  appoints a local director shall appoint for each county and city  veter-
    31  ans'  service  agency  a veterans' service committee to assist the local
    32  director and shall appoint a chair thereof.  Similar committees  may  be
    33  appointed  in each village and town where there is a deputy local direc-
    34  tor by the mayor of such village and the  supervisor  of  such  town  in
    35  which  the  branch  office of the deputy local director is located or in
    36  which it operates. A similar committee may also be appointed in any city
    37  in and for which there is not  established  a  separate  city  veterans'
    38  service  agency,  and  in and for which there is a deputy local director
    39  and a branch office of the county veterans'  service  agency;  and  such
    40  appointment in any case shall be made by the city official authorized to
    41  appoint a city director in the case of a separate city veterans' service
    42  agency.
    43    §  18.  Appropriations  for expenses and activities of local veterans'
    44  service agencies. Each county and each city of the  state  in  which  is
    45  established  a  county  veterans'  service  agency  or  a city veterans'
    46  service agency, as the case may be, is hereby authorized to  appropriate
    47  and  make  available  to the veterans' service agency of such respective
    48  county or city, such sums of money as it may deem  necessary  to  defray
    49  the  expenses and activities of such agency, and the expenses and activ-
    50  ities of such agencies are hereby declared to be proper county and  city
    51  purposes  for  which  the  moneys of the county or city may be expended.
    52  Each city in and for which there is  not  established  a  separate  city
    53  veterans'  service  agency,  and  each  village and town of the state is
    54  hereby authorized to appropriate and make available to the deputy  local
    55  director  heading  the  branch  office  in and for such city, village or
    56  town, if any, of the county veterans' service agency having jurisdiction

        A. 8294--A                         19
 
     1  within such city, village or town, such sums of money  as  it  may  deem
     2  necessary  to  defray  the salary, expenses and activities of the deputy
     3  local director heading such branch office in and for such city,  village
     4  or  town  and  his  or  her  office,  including  the salaries of persons
     5  employed in such office, and such salaries, expenses and activities  are
     6  hereby  declared  to be proper city, village and town purposes for which
     7  the moneys of such cities, villages and  towns  may  be  expended.  Each
     8  village and town is also authorized to appropriate and make available to
     9  the  deputy  local  director  heading the consolidated branch office, if
    10  any, for such village or town and any adjoining village or villages,  or
    11  town or towns, as the case may be, of the county veterans' service agen-
    12  cy  having  jurisdiction within such village or town, such sums of money
    13  as it may determine to defray in part the salary,  expenses  and  activ-
    14  ities  of  the  deputy  local  director heading such consolidated branch
    15  office for such village or town and any adjoining village or villages or
    16  town or towns, as the case may be, including  the  salaries  of  persons
    17  employed in such consolidated branch office, and such salaries, expenses
    18  and  activities  are  hereby  declared  to  be  proper  village and town
    19  purposes for which  the  moneys  of  such  villages  and  towns  may  be
    20  expended.
    21    §  19. Women veterans coordinator. 1. Definitions. (a) "Veteran" shall
    22  have the same meaning as provided in subdivision one of section  twenty-
    23  two of this article.
    24    (b)   "Department"  shall  mean  the  state  department  of  veterans'
    25  services.
    26    (c) "Women veterans coordinator" shall be a veteran.
    27    2. Such women veterans coordinator shall be appointed by  the  commis-
    28  sioner.
    29    3. Establishment of women veterans coordinator. There is hereby estab-
    30  lished  within  the department, a "women veterans coordinator" who shall
    31  work under the direction of the  commissioner  and  whose  duties  shall
    32  include, but not be limited to, the:
    33    (a)  identification,  development,  planning, organization and coordi-
    34  nation of all statewide programs and services to meet the needs of women
    35  veterans;
    36    (b) recommendation to the commissioner to ensure compliance  with  all
    37  existing  department policies and regulations pertaining to the needs of
    38  women veterans on the state and federal level and  make  recommendations
    39  regarding the improvement of benefits and services to women veterans;
    40    (c)  liaison  between  the department, the United States Department of
    41  Veterans Affairs center for women veterans, the United States Department
    42  of Veterans Affairs Advisory Committee on Women Veterans, state veterans
    43  nursing homes, state agencies, community  groups,  advocates  and  other
    44  veterans and military organizations and interested parties;
    45    (d) advocating for all women veterans in the state;
    46    (e) development and maintenance of a clearinghouse for information and
    47  resources for women veterans;
    48    (f)  promote  events  and activities that recognize, educate and honor
    49  women veterans, including but not limited  to  seminars  required  under
    50  subdivision  six  of  section four of this article, veteran human rights
    51  conferences,  veterans  benefits  and  resources  events,  and  veterans
    52  cultural competence training;
    53    (g)  inclusion of the contributions women veterans have made on behalf
    54  of the United  States  and  this  state  on  the  department's  official
    55  website; and

        A. 8294--A                         20
 
     1    (h)  preparation  of  reports on topics including, but not limited to,
     2  the demographics of women veterans, the number of women veterans  listed
     3  by county, and the unique needs of the women veterans population, to the
     4  extent  such information is available, to the commissioner on the status
     5  of women veterans within New York state.
     6    4.  Reports.  The  women veterans coordinator shall submit a report to
     7  the commissioner each year after the effective  date  of  this  section.
     8  Such  report  shall include, but not be limited to, a description of the
     9  women veterans coordinator's activities for the calendar  year  and  the
    10  programs  developed  pursuant  to  the  provisions  of this section. The
    11  commissioner shall submit the report or a synopsis of the report to  the
    12  governor in accordance with the provisions of section four of this arti-
    13  cle.
    14    §  20.  Creation of annuity. 1. Payment to veterans. a. Any veteran as
    15  defined in this article who has been or is hereafter classified  by  the
    16  New York State commission for the visually handicapped as a blind person
    17  as  defined in section three of chapter four hundred fifteen of the laws
    18  of nineteen hundred thirteen, as amended, and continues to  be  a  blind
    19  person  within  the  meaning of that section, shall, upon application to
    20  the commissioner of the department of veterans' services, be paid out of
    21  the treasury of the state for such term as such veteran shall  be  enti-
    22  tled  thereto under the provisions of this article, the sum of one thou-
    23  sand  dollars  annually,  plus  any  applicable  annual  adjustment,  as
    24  provided in this section.
    25    b.  The  entitlement  of  any  veteran  to  receive the annuity herein
    26  provided shall terminate upon his or her ceasing to  continue  to  be  a
    27  resident  of  and  domiciled  in  the state, but such entitlement may be
    28  reinstated upon application to the commissioner of  veterans'  services,
    29  if  such  veteran shall thereafter resume his or her residence and domi-
    30  cile in the state.
    31    c. The effective date of an award of the annuity to a veteran shall be
    32  the date of receipt of the application therefor by the  commissioner  of
    33  veterans'  services,  except  that  if  the application is denied but is
    34  granted at a later date upon an application  for  reconsideration  based
    35  upon  new  evidence, the effective date of the award of the annuity to a
    36  veteran shall be the date of receipt of the application for  reconsider-
    37  ation by the commissioner of veterans' services.
    38    2.  Payment  to widows and widowers of blind veterans. a. The unremar-
    39  ried spouse of a veteran who heretofore  has  died  or  the  unremarried
    40  spouse  of  a veteran dying hereafter, such veteran being at the time of
    41  her or his death a recipient of, or eligible  for,  the  benefits  above
    42  provided,  shall,  upon  application  to  the  commissioner of veterans'
    43  services, also be paid out of the treasury of the state the sum  of  one
    44  thousand  dollars  annually,  plus any applicable annual adjustment, for
    45  such term as such unremarried spouse shall be entitled thereto under the
    46  provisions of this article.
    47    b. The entitlement of any widow or  widower  to  receive  the  annuity
    48  herein  provided shall terminate upon her or his death or re-marriage or
    49  upon her or his ceasing to continue to be a resident of and domiciled in
    50  the state of New York, but  such  entitlement  may  be  reinstated  upon
    51  application  to the commissioner of veterans' services, if such widow or
    52  widower shall thereafter resume her or his residence and domicile in the
    53  state.
    54    c. The effective date of an award of the annuity to a widow or widower
    55  shall be the day after the date of death of the veteran if the  applica-
    56  tion  therefor  is  received within one year from such date of death. If

        A. 8294--A                         21
 
     1  the application is received after  the  expiration  of  the  first  year
     2  following the date of the death of the veteran, the effective date of an
     3  award  of the annuity to a widow or widower shall be the date of receipt
     4  of  the  application  by  the  commissioner of veterans' services. If an
     5  application is denied but is granted at a later date upon an application
     6  for reconsideration based upon new evidence, the effective date  of  the
     7  award  of the annuity to a widow or widower shall be the date of receipt
     8  of the application for reconsideration by the commissioner of  veterans'
     9  services.
    10    3.  Annual  adjustment.  Commencing in the year two thousand five, and
    11  for each year thereafter, the amount of any annuity payable  under  this
    12  section shall be the same amount as the annuity payable in the preceding
    13  year  plus  a  percentage  adjustment  equal  to  the  annual percentage
    14  increase, if any, for compensation and pension benefits administered  by
    15  the  United States Department of Veterans' Affairs in the previous year.
    16  Such percentage increase shall be rounded up to the  next  highest  one-
    17  tenth  of  one  percent  and shall not be less than one percent nor more
    18  than four percent. Commencing in the year two thousand five, the  direc-
    19  tor  of  veterans' services, not later than February first of each year,
    20  shall publish by any reasonable means  the  amount  of  the  annuity  as
    21  adjusted payable under this section.
    22    § 21. Evidence of entitlement. 1. The evidence of such service, blind-
    23  ness,  residence and domicile, or of such marriage, widowhood, residence
    24  and domicile in each case shall be furnished  in  the  manner  and  form
    25  prescribed  by  the commissioner of veterans' services who shall examine
    26  the same.
    27    2. Upon being satisfied that such service was  performed,  that  other
    28  facts  and  statements  in  the  application of such veteran or widow or
    29  widower are true and that the said veteran has been  classified  by  the
    30  New  York  state  commission  for  the  visually  handicapped as a blind
    31  person, where such veteran is not receiving or not entitled to receive a
    32  benefit from any existing retirement system to  which  the  state  is  a
    33  contributor, unless such veteran shall have become disabled by reason of
    34  loss  of  sight,  while  engaged  in  employment entitling him or her to
    35  receive a benefit from any existing retirement system to which the state
    36  is a contributor, and as a result of such disability  has  retired  from
    37  such  employment  and  is  receiving or is entitled to receive a benefit
    38  from such retirement system the commissioner of veterans' services shall
    39  certify to the state comptroller the name and address of such veteran or
    40  widow or widower.
    41    3. Thereafter the department of  taxation  and  finance,  through  the
    42  division  of finance, on the audit and warrant of the comptroller, shall
    43  pay such veteran or widow or widower such sum as is  authorized  by  the
    44  provisions  of  this article in monthly installments for so long as such
    45  veteran or widow or widower shall meet the requirements of this article.
    46    § 22. Persons who may receive annuity. 1. a. The  word  "veteran,"  as
    47  used  in  this article shall be taken to mean and include any person who
    48  is a resident of the state of New York, and who (i) has been or  may  be
    49  given  an  honorable, general or ordinary discharge or any other form of
    50  release from such  service,  except  a  dishonorable  discharge,  a  bad
    51  conduct  discharge,  an undesirable discharge, a discharge without honor
    52  or a discharge for the good of the service, or  (ii)  has  a  qualifying
    53  condition, as defined in section one of this article, and has received a
    54  discharge  other  than bad conduct or dishonorable from such service, or
    55  (iii) is a discharged LGBT veteran, as defined in section  one  of  this
    56  article,  and  has  received  a  discharge  other  than  bad  conduct or

        A. 8294--A                         22

     1  dishonorable from such service, and who (iv)  was  a  recipient  of  the
     2  armed  forces  expeditionary  medal, the navy expeditionary medal or the
     3  marine corps expeditionary medal  for  participation  in  operations  in
     4  Lebanon  from  June  first,  nineteen  hundred  eighty-three to December
     5  first, nineteen hundred eighty-seven, in Grenada  from  October  twenty-
     6  third,  nineteen hundred eighty-three to November twenty-first, nineteen
     7  hundred eighty-three, or in Panama  from  December  twentieth,  nineteen
     8  hundred eighty-nine to January thirty-first, nineteen hundred ninety, or
     9  (v) served on active duty for ninety days or more in the armed forces of
    10  the United States during any one of the following wars or hostilities:
    11    (1)  in  the  Spanish-American war from the twenty-first day of April,
    12  eighteen hundred ninety-eight to the eleventh  day  of  April,  eighteen
    13  hundred ninety-nine, inclusive;
    14    (2) in the Philippine insurrection or the China relief expedition from
    15  the  eleventh  day  of April, eighteen hundred ninety-nine to the fourth
    16  day of July, nineteen hundred two, inclusive;
    17    (3) in the Mexican border campaign from the ninth day of May, nineteen
    18  hundred sixteen, to the fifth day of April, nineteen hundred  seventeen,
    19  inclusive;
    20    (4)  in  World  War  I  from  the sixth day of April, nineteen hundred
    21  seventeen to the eleventh day of November,  nineteen  hundred  eighteen,
    22  inclusive;
    23    (5) in World War II from the seventh day of December, nineteen hundred
    24  forty-one  to  the thirty-first day of December, nineteen hundred forty-
    25  six, inclusive, or who was employed by the War  Shipping  Administration
    26  or Office of Defense Transportation or their agents as a merchant seaman
    27  documented  by  the United States Coast Guard or Department of Commerce,
    28  or as a civil servant employed  by  the  United  States  Army  Transport
    29  Service  (later  redesignated  as  the United States Army Transportation
    30  Corps, Water Division) or the  Naval  Transportation  Service;  and  who
    31  served  satisfactorily  as  a  crew  member  during  the period of armed
    32  conflict,  December  seventh,  nineteen  hundred  forty-one,  to  August
    33  fifteenth,  nineteen  hundred  forty-five,  aboard  merchant  vessels in
    34  oceangoing, i.e., foreign, intercoastal, or coastwise  service  as  such
    35  terms  are defined under federal law (46 USCA 10301 & 10501) and further
    36  to include "near foreign" voyages between the United States and  Canada,
    37  Mexico, or the West Indies via ocean routes, or public vessels in ocean-
    38  going  service  or  foreign waters and who has received a Certificate of
    39  Release or Discharge from Active Duty and a discharge certificate, or an
    40  Honorable Service Certificate/Report of Casualty, from the Department of
    41  Defense, or who served as a United States civilian employed by the Amer-
    42  ican Field Service and served overseas under United  States  Armies  and
    43  United  States  Army  Groups  in World War II during the period of armed
    44  conflict, December  seventh,  nineteen  hundred  forty-one  through  May
    45  eighth,  nineteen  hundred  forty-five,  and  who  (i) was discharged or
    46  released therefrom under honorable conditions, or (ii) has a  qualifying
    47  condition, as defined in section one of this article, and has received a
    48  discharge  other  than bad conduct or dishonorable from such service, or
    49  (iii) is a discharged LGBT veteran, as defined in section  one  of  this
    50  article,  and  has  received  a  discharge  other  than  bad  conduct or
    51  dishonorable from such service, or who served as a United States  civil-
    52  ian  Flight  Crew  and  Aviation Ground Support Employee of Pan American
    53  World Airways or one of its subsidiaries or its  affiliates  and  served
    54  overseas  as  a  result  of  Pan  American's contract with Air Transport
    55  Command or Naval Air  Transport  Service  during  the  period  of  armed
    56  conflict, December fourteenth, nineteen hundred forty-one through August

        A. 8294--A                         23
 
     1  fourteenth,  nineteen hundred forty-five, and who (iv) was discharged or
     2  released therefrom under honorable conditions, or (v) has  a  qualifying
     3  condition, as defined in section one of this article, and has received a
     4  discharge  other  than bad conduct or dishonorable from such service, or
     5  (vi) is a discharged LGBT veteran, as defined in  section  one  of  this
     6  article,  and  has  received  a  discharge  other  than  bad  conduct or
     7  dishonorable from such service;
     8    (6) in the Korean hostilities from the  twenty-seventh  day  of  June,
     9  nineteen  hundred  fifty  to  the  thirty-first day of January, nineteen
    10  hundred fifty-five, inclusive;
    11    (7) in the Vietnam conflict from the twenty-eighth  day  of  February,
    12  nineteen  hundred  sixty-one to the seventh day of May, nineteen hundred
    13  seventy-five;
    14    (8) in the Persian Gulf conflict from the second day of August,  nine-
    15  teen hundred ninety to the end of such conflict.
    16    b.  The  word "veteran" shall also mean any person who meets the other
    17  requirements of paragraph a of this subdivision, who  served  on  active
    18  duty  for less than ninety days, if he or she was discharged or released
    19  from such service for a service-connected disability or who served for a
    20  period of ninety consecutive days or more and such period began or ended
    21  during any war or period of hostilities as defined  in  paragraph  a  of
    22  this subdivision.
    23    c. The term "active duty" as used in this article shall mean full time
    24  duty in the armed forces, other than active duty for training; provided,
    25  however, that "active duty" shall also include any period of active duty
    26  for  training during which the individual concerned was disabled or died
    27  from a disease or injury incurred or aggravated during such period.
    28    2. No annuity shall be paid under this article to or for a person  who
    29  is  in prison in a federal, state or local penal institution as a result
    30  of conviction of a felony or misdemeanor for  any  part  of  the  period
    31  beginning sixty-one days after his or her imprisonment begins and ending
    32  when his or her imprisonment ends.
    33    3.  Where  any  veteran is disqualified for the annuity for any period
    34  solely by reason of the provisions of subdivision two of  this  section,
    35  the  commissioner  of veterans' services shall pay to his or her spouse,
    36  if any, the annuity which such veteran would receive for that period but
    37  for said subdivision two.
    38    4. In case an unmarried, divorced or widowed veteran or a widow  of  a
    39  deceased  annuitant is being furnished hospital treatment, institutional
    40  or domiciliary care by the United States or the state, the annuity paya-
    41  ble under this article to such  veteran  or  widow  or  widower  may  be
    42  discontinued after the first day of the seventh calendar month following
    43  the  month  of admission of such veteran or widow for treatment or care.
    44  Payment of such annuity shall be resumed if such  veteran  or  widow  or
    45  widower  is discharged from the hospital, institution or home, or if his
    46  or her treatment or care therein is otherwise terminated.
    47    5. Where payment of the annuity as hereinbefore authorized  is  to  be
    48  made to a mentally incompetent person or a conservatee, such payment may
    49  be  authorized by the commissioner of veterans' services of the state to
    50  be paid only to a duly qualified court-appointed committee or  conserva-
    51  tor,  legally vested with the care of such incompetent's person or prop-
    52  erty or of such conservatee's property, except that in the  case  of  an
    53  incompetent  annuitant  for whom a committee has not been appointed or a
    54  person under a substantial impairment for whom  a  conservator  has  not
    55  been  appointed  and  who  is  hospitalized  in a United States veterans
    56  health administration hospital or in a hospital under  the  jurisdiction

        A. 8294--A                         24
 
     1  of  the state of New York, the commissioner of veterans' services of the
     2  state may in his or her discretion certify payment of  the  annuity,  as
     3  hereinbefore  authorized,  to the manager of such United States veterans
     4  health  administration  hospital  or  to  the commissioner of such state
     5  hospital for the  account  of  the  said  incompetent  or  substantially
     6  impaired annuitant.
     7    § 23. New York state veterans' cemeteries. 1. Legislative intent.  The
     8  legislature  finds and determines that the devoted service and sacrifice
     9  of veterans deserve important, unique and  eternal  recognition  by  the
    10  state of New York. That it is by means of the devoted service and sacri-
    11  fice of veterans that the liberty, freedom and prosperity enjoyed by all
    12  New Yorkers is maintained and preserved.
    13    The  legislature  further  finds  and  determines that to provide this
    14  important, unique and eternal recognition, the state shall  establish  a
    15  program of New York state veterans' cemeteries in New York. Such program
    16  shall  provide  for the construction, establishment, expansion, improve-
    17  ment, support, operation, maintenance and  the  provision  of  perpetual
    18  care  for  state veterans' cemeteries in this state, and thereby for the
    19  memorialization and remembrance of individual veterans and their service
    20  to their community, state and nation.
    21    The legislature additionally finds and determines that it is therefore
    22  necessary to provide for the construction and establishment  of  one  or
    23  more  New  York  state  veterans'  cemeteries,  and  that to thereafter,
    24  provide for the expansion, improvement, support, operation,  maintenance
    25  and   the  provision  of  perpetual  care  of  all  such  cemeteries  so
    26  constructed and established. The legislature also finds  and  determines
    27  that  it is appropriate to have the responsibility for the construction,
    28  establishment, expansion, improvement, support,  operation,  maintenance
    29  and  the  provision  of  perpetual care for veterans' cemeteries in this
    30  state, to be under the oversight and direction of the  state  department
    31  of  veterans' services, and its commissioner, individually, and as chair
    32  of the management board, for each such veterans' cemetery so constructed
    33  and established.
    34    2. The establishment of the first New York state  veterans'  cemetery.
    35  (a)  The commissioner shall issue, on behalf of the department, a public
    36  request for information for any local government desiring  to  have  the
    37  first state veterans' cemetery located within its political subdivision.
    38  Such  request  shall  specify  the  type  of information to be provided,
    39  including, at a minimum, a detailed map of the site including  potential
    40  transportation routes, the history of the site, the types of burials the
    41  site  could  accommodate,  and the estimated number of veterans within a
    42  seventy-five mile radius of the  site.  Such  requests  for  information
    43  shall  be  returnable  to  the  department  by  no later than sixty days
    44  following the issuance of the requests for information.    Requests  for
    45  information  issued  by and returned to the department shall be publicly
    46  available and posted on the department's website.
    47    (a-1) Following the deadline for the return of requests  for  informa-
    48  tion  pursuant  to paragraph (a) of this subdivision, the department, in
    49  cooperation with the United States Department of Veterans  Affairs,  and
    50  in  consultation  with,  and upon the support of the department of state
    51  division of cemeteries, is hereby directed to conduct  an  investigation
    52  and  study  on  the  issue  of the construction and establishment of the
    53  first New York state veterans' cemetery. Such  investigation  and  study
    54  shall include, but not be limited to:
    55    (i)  Potential  site  locations for such cemetery, with full consider-
    56  ation as to the needs of the veterans population; only locations  within

        A. 8294--A                         25
 
     1  local governments that have submitted a request for information pursuant
     2  to  paragraph  (a) of this subdivision shall be considered and each such
     3  submission shall be considered;
     4    (ii) The size of the cemetery and types of grave sites;
     5    (iii) The number of annual interments at the cemetery;
     6    (iv)  Transportation  accessibility to the cemetery by veterans, their
     7  families and the general public;
     8    (v) Costs for construction of the cemetery;
     9    (vi) Costs of operation of the cemetery, including but not limited  to
    10  staffing costs to maintain the cemetery;
    11    (vii) Scalability of the cemetery for future growth and expansion;
    12    (viii)  Potential for funding for the cemetery from federal, local and
    13  private sources;
    14    (ix) Cost of maintenance;
    15    (x) Data on the population that would be served by the site;
    16    (xi) The average age of the population in the area covered;
    17    (xii) The mortality rate of the veteran population for the area;
    18    (xiii) Surrounding land use;
    19    (xiv) Topography of the land;
    20    (xv) Site characteristics;
    21    (xvi) Cost of land acquisition;
    22    (xvii) The location of existing cemeteries including but  not  limited
    23  to  national  veterans'  cemeteries,  county veterans' cemeteries, ceme-
    24  teries that have plots devoted to  veterans,  not-for-profit  cemeteries
    25  and  any  other  burial ground devoted to veterans and any other type of
    26  burial grounds devoted to the interment of  human  remains  that  is  of
    27  public record; and
    28    (xviii)  Such  other  and  further  items  as  the commissioner of the
    29  department deems necessary for the first state veterans' cemetery to  be
    30  successful.
    31    A report of the investigation and study conclusions shall be delivered
    32  to  the  governor, the temporary president of the senate, the speaker of
    33  the assembly and the chair of the senate committee on veterans, homeland
    34  security and military affairs, and the chair of the  assembly  committee
    35  on  veterans' affairs by no later than one hundred eighty days after the
    36  department has commenced the conduct of the investigation and study.
    37    (a-2) Upon the completion of the investigation and study, the  results
    38  shall  be  provided  to the selection committee. The selection committee
    39  shall consist of nine members as follows:
    40    (i) The commissioner of the department of veterans' services,  or  his
    41  or her representative;
    42    (ii)  The director of the division of the budget, or his or her repre-
    43  sentative;
    44    (iii) Three members appointed by the governor, two of  whom  shall  be
    45  veterans;
    46    (iv)  Two  members appointed by the temporary president of the senate,
    47  at least one of whom shall be a veteran; and
    48    (v) Two members appointed by the speaker of the assembly, at least one
    49  of whom shall be a veteran.
    50    (a-3) The selection committee shall be subject  to  articles  six  and
    51  seven of the public officers law. The selection committee shall evaluate
    52  the results of the study and, upon a majority vote, make a determination
    53  as to the location of the first state veterans' cemetery. In making this
    54  determination,  the  committee's  consideration  shall,  at  a  minimum,
    55  include:
    56    (i) The findings established by the study;

        A. 8294--A                         26
 
     1    (ii) The submitted responses to the requests  for  information  issued
     2  pursuant to paragraph (a) of this subdivision;
     3    (iii)  The  guidelines  for receipt of federal funding specified in 38
     4  USC 2408, 38 CFR 39, and any other relevant  federal  statute  or  regu-
     5  lation;
     6    (iv)  The  possibility  of  funding  from  private individuals, corpo-
     7  rations, or foundations; and
     8    (v) Any other consideration that would facilitate the successful oper-
     9  ation of the first state veterans' cemetery.
    10    (b) The commissioner of the department, the commissioner of the office
    11  of general services, and the chair of the division of  cemeteries  shall
    12  determine  the  amount  of  money necessary to fund the non-reimbursable
    13  costs of a state veterans' cemetery, such as operation and  maintenance,
    14  for a period of not less than ten years, provided that such amount shall
    15  not include monies that would be recoverable by the cemetery pursuant to
    16  a  charge  of  fee  for  the  provision of a gravesite for a non-veteran
    17  spouse or eligible dependent. Prior to submitting  any  application  for
    18  funding  from the government of the United States in accordance with the
    19  grant requirements specified in 38 USC 2408, 38 CFR 30, and other  rele-
    20  vant  federal  statutes or regulations, for the purpose of seeking funds
    21  to support  the  construction,  establishment,  expansion,  improvement,
    22  support,  operation  or  maintenance of New York state's veterans' ceme-
    23  teries, the director of the division of the budget and the office of the
    24  state comptroller must certify to the governor, the temporary  president
    25  of  the  senate,  the  speaker  of the assembly, the chair of the senate
    26  finance committee and the chair of the assembly ways and means committee
    27  that there are sufficient funds to cover such amount;  provided  further
    28  that such moneys may include the veterans remembrance and cemetery main-
    29  tenance and operation fund created pursuant to section ninety-seven-mmmm
    30  of  the  state finance law. In making such a certification, the director
    31  of the division of the budget and the office of  the  state  comptroller
    32  shall consider, but are not limited to, the following factors:
    33    (i)  physical  attributes  of  the  veterans cemetery, including size,
    34  location, and terrain;
    35    (ii) staffing costs, cost of equipment and equipment maintenance,  and
    36  security costs;
    37    (iii)  relevant  state and federal requirements and specifications for
    38  interment and perpetual care;
    39    (iv) estimates provided by the United States  Department  of  Veterans
    40  Affairs;
    41    (v)  any other non-reimbursable fiscal cost, charge or assessment that
    42  would be incurred by the cemetery.
    43    (c) Once the certification that there are sufficient funds pursuant to
    44  paragraph (b) of this subdivision has been made, and no later than thir-
    45  ty days following the selection of the site pursuant to paragraph  (a-3)
    46  of  this subdivision, the commissioner, in consultation with the manage-
    47  ment board of  the  first  New  York  state  veterans'  cemetery,  shall
    48  commence  the application process for funding from the government of the
    49  United States, in accordance with the grant  requirements  specified  in
    50  section  2408 of title 38 of the United States code, part 39 of title 38
    51  of the code of federal regulations, and any other relevant federal stat-
    52  ute or regulation, for the purpose  of  seeking  funds  to  support  the
    53  construction, establishment, expansion, improvement, support, operation,
    54  maintenance  and  the  provision  of  perpetual care of New York state's
    55  first veterans' cemetery. Such grant application shall  be  based  on  a
    56  site selected pursuant to paragraph (a-3) of this subdivision, and shall

        A. 8294--A                         27
 
     1  be  consistent with the guidelines for receipt of federal funding pursu-
     2  ant to the relevant provisions of federal law.
     3    (d) A management board for the first New York state veterans' cemetery
     4  shall be appointed pursuant to subdivision three of this section.
     5    (e) The commissioner shall promulgate rules and regulations governing:
     6    (i)  The guidelines and standards for the construction, establishment,
     7  expansion,  improvement,  support,  operation,   maintenance   and   the
     8  provision  of perpetual care for a state veterans' cemetery. Such guide-
     9  lines shall include, but not be limited to:
    10    (1) The size and terrain of the cemetery;
    11    (2) The management and operation of the cemetery,  including  but  not
    12  limited to:
    13    (A) Hours of operation;
    14    (B) Employees, employee relations, and employee duties;
    15    (C) The conduct and practice of events, ceremonies and programs;
    16    (D)  The  filing and compliance of the cemetery with state and federal
    17  regulators; and
    18    (E) Such other and further operational and  management  practices  and
    19  procedures  as  the commissioner shall determine to be necessary for the
    20  successful operation of a state veterans' cemetery.
    21    (3) The layout of plots;
    22    (4) The locations of building and infrastructure,  including  but  not
    23  limited to:
    24    (A) Electrical lines and facilities;
    25    (B) Waterlines, irrigation systems, and drainage facilities;
    26    (C) Trees, flowers and other plantings;
    27    (D)  Non  gravesite memorials, gravesite memorials, mausoleums, colum-
    28  barium niches, headstones, grave markers, indoor  interment  facilities,
    29  committal-service  shelters,  signage,  flag  poles,  and other memorial
    30  gathering spaces or infrastructure;
    31    (E) Roadways, pedestrian pathways, parking sites, curbs and curb cuts;
    32    (F) Ponds, lakes and other water sites;
    33    (G) Retaining walls, gates, fences, security systems or other  devices
    34  for cemetery protection; and
    35    (H)  Any  other  buildings, structures or infrastructure necessary for
    36  the safe, efficient and effective operation of the cemetery;
    37    (5) The qualifications for interment, consistent with  the  provisions
    38  of state and federal law and any requirements pursuant to the receipt of
    39  federal, state, local or private funds;
    40    (6) The location and placement of interments;
    41    (7)  Consistent  with  the provisions of state and federal law and any
    42  requirements pursuant to the receipt of federal, state, local or private
    43  funds, the financial management  of  the  cemetery,  including  but  not
    44  limited to:
    45    (A)  The procedures for the protection and implementation of the ceme-
    46  tery's annual budget;
    47    (B) The seeking, collecting,  deposit  and  expenditure  of  operating
    48  funds pursuant to the cemetery's budget;
    49    (C)  The seeking, collecting, deposit and expenditure of capital funds
    50  pursuant to the cemetery's capital plan;
    51    (D) The seeking, collecting,  deposit  and  expenditure  of  emergency
    52  funds to address an unexpected event;
    53    (E)  The  assessment,  charging,  collection  and  deposit of fees and
    54  charges;
    55    (F) The management of cemetery finances, both current and future, with
    56  respect to investments; and

        A. 8294--A                         28
 
     1    (G) Such other and further procedures and  activities  concerning  the
     2  financial management of the cemetery;
     3    (8)  The  provision  of perpetual care for the cemetery, including but
     4  not limited to:
     5    (A) The frequency, standards and methods for  the  beautification  and
     6  maintenance  of  grounds,  memorials,  gravesites, buildings, ceremonial
     7  sites, or other locations within, or upon the curtilage of the cemetery;
     8    (B) The frequency, standards and methods for the provision  of  flags,
     9  patriotic  and  military  symbols,  and  other  honorary  items, at each
    10  gravesite and throughout the cemetery; and
    11    (C) Such other and further standards as are necessary  to  assure  the
    12  proper  perpetual care of the cemetery in a manner befitting the highest
    13  level of honor and respect deserving to those veterans and  their  fami-
    14  lies interred in the cemetery;
    15    (9) Guidelines and standards for the procurement of land for the ceme-
    16  tery  providing  that the state veterans' cemetery, and all the property
    17  upon which it resides shall be owned in fee simple absolute by the state
    18  of New York;
    19    (10) Guidelines and standards for the practices and procedures for the
    20  construction and establishment of a state veterans' cemetery,  including
    21  contracting  and  purchasing  for  construction  services,  professional
    22  services, legal services, architectural services,  consulting  services,
    23  as  well  as the procurement of materials, all consistent with the rele-
    24  vant provisions of federal, state and local law, the regulations promul-
    25  gated thereunder, and the requirements contained in the  grants  awarded
    26  or  pursued  from the federal government, or any source of private fund-
    27  ing;
    28    (11) Guidelines and standards for the practices and procedures for the
    29  expansion and improvement  of  a  state  veterans'  cemetery,  including
    30  contracting  and  purchasing  for  construction  services,  professional
    31  services, legal services, architectural services,  consulting  services,
    32  as  well  as the procurement of materials, all consistent with the rele-
    33  vant provisions of federal, state and local law, the regulations promul-
    34  gated thereunder, and the requirements contained in the  grants  awarded
    35  or  pursued  from the federal government, or any source of private fund-
    36  ing;
    37    (12) Any other guidelines and  standards  that  would  facilitate  the
    38  successful construction, establishment, expansion, improvement, support,
    39  operation, maintenance and the provision of perpetual care for the state
    40  veterans' cemetery;
    41    (ii)  Guidelines  and  standards  for any local government desiring to
    42  have the first state veterans' cemetery  located  within  its  political
    43  subdivision, including, but not limited to:
    44    (1)  The  requirement  that  the local government will comply with all
    45  state and federal statutes and regulations concerning the  construction,
    46  establishment,  expansion,  improvement, support, operation, maintenance
    47  and the provision of perpetual care of the state veterans' cemetery, and
    48  shall satisfy any and all applicable state  and  federal  standards  and
    49  requirements for the perpetual care of the state veterans' cemetery;
    50    (2) That the state veterans' cemetery, and all the property upon which
    51  it  resides  shall  be  owned in fee simple absolute by the state of New
    52  York;
    53    (3) That all lands upon which such cemetery is constructed and  estab-
    54  lished  shall  be used solely for state veterans' cemetery purposes, and
    55  for the purpose of providing the honor and remembrance of  veterans  and
    56  their service through ceremonies and programs;

        A. 8294--A                         29
 
     1    (4)  Such  other and further requirements as the commissioner may deem
     2  prudent in the facilitation of the successful siting and operation of  a
     3  state  veterans'  cemetery  in the jurisdiction of the local government;
     4  and
     5    (iii) Such other and further guidelines and standards as are necessary
     6  for  the successful construction, establishment, expansion, improvement,
     7  support, operation, maintenance and the provision of perpetual care  for
     8  a state veterans' cemetery.
     9    (f)  Upon the approval of the application for funding from the govern-
    10  ment of the United States, made pursuant to paragraph (c) of this subdi-
    11  vision, the commissioner, upon consultation with the  management  board,
    12  shall  commence  the  process  of  construction and establishment of the
    13  first state veterans' cemetery. Such process shall  be  consistent  with
    14  the  relevant  provisions of local, state and federal law, and the rules
    15  and regulations established pursuant to paragraph (e) of  this  subdivi-
    16  sion.
    17    3.  Management  boards of New York state veterans' cemeteries. (a) For
    18  each New York state veterans'  cemetery  there  shall  be  a  management
    19  board. Each such management board shall consist of nine members, includ-
    20  ing  the  commissioner  of  the department who shall serve as chair, and
    21  four members, appointed by the governor. Of such four members, not fewer
    22  than two shall be a veteran of the United States army, the United States
    23  navy, the United States air force, the United States  marines,  the  New
    24  York  army national guard, the New York air national guard, the New York
    25  naval militia, or a member who has served in a theater of  combat  oper-
    26  ations  of  the  United States coast guard or the United States merchant
    27  marine. Two members shall be appointed by the temporary president of the
    28  senate, and two members shall be appointed by the speaker of  the  state
    29  assembly.  At least one of the members appointed by the temporary presi-
    30  dent of the senate and at least one of  the  members  appointed  by  the
    31  speaker  of  the  assembly shall be a veteran of the United States army,
    32  the United States navy, the United States air force, the  United  States
    33  marines,  the  New  York  army national guard, the New York air national
    34  guard, the New York naval militia, or a member who has served in a thea-
    35  ter of combat operations of the United States coast guard or the  United
    36  States merchant marine. No member shall receive any compensation for his
    37  or  her  service,  but  members who are not state officials may be reim-
    38  bursed  for  their  actual  and  necessary  expenses,  including  travel
    39  expenses  incurred  in performance of their duties. The management board
    40  may consult with any federal, state or local entity for the purposes  of
    41  advancing its purposes, mission and duties.
    42    (b)  The  management board shall advise, by majority vote, the commis-
    43  sioner on issues concerning the construction, establishment,  expansion,
    44  improvement,  support,  operation,  maintenance  and  the  provision  of
    45  perpetual care for the veterans' cemetery, including but not limited  to
    46  issues  of  financial  concern,  employment  relations, cemetery policy,
    47  cemetery events and programs, and such other and further issues  as  the
    48  board and commissioner shall deem important.
    49    4. Additional state veterans' cemeteries. (a) Not later than ten years
    50  after  the  construction  and  establishment of the first New York state
    51  veterans' cemetery, and every ten years thereafter, the  department,  in
    52  cooperation with the United States Department of Veterans Affairs, shall
    53  conduct  an investigation and study on the issue of the construction and
    54  establishment of additional New York state  veterans'  cemeteries.  Such
    55  investigation and study shall consider, but not be limited to, the study
    56  parameters  established  pursuant to paragraph (a) of subdivision two of

        A. 8294--A                         30
 
     1  this section. A report of the investigation and  study  required  to  be
     2  conducted  pursuant to this subdivision shall be delivered to the gover-
     3  nor, the temporary president of the senate, the speaker of the  assembly
     4  and the chair of the senate committee on veterans, homeland security and
     5  military  affairs,  and the chair of the assembly committee on veterans'
     6  affairs, by no later than ninety days after the department has commenced
     7  the conduct of the investigation and study;
     8    (b) The report of the investigation and study required to be conducted
     9  pursuant to this subdivision shall provide a determination by the direc-
    10  tor as to whether the state should construct and establish one  or  more
    11  additional veterans' cemeteries, and shall state the reasoning and basis
    12  for such determination; and
    13    (c)  The department may, at the discretion of the commissioner, at any
    14  time after five years from the completion of construction  of  the  most
    15  recently  constructed and established state veterans' cemetery, in coop-
    16  eration with the United States Department of Veterans  Affairs,  conduct
    17  an  investigation  and study on the issue of the construction and estab-
    18  lishment of additional New York state veterans' cemeteries. A report  of
    19  the  investigation and study required to be conducted shall be delivered
    20  to the governor, the temporary president of the senate, the  speaker  of
    21  the assembly and the chair of the senate committee on veterans, homeland
    22  security  and  military affairs, and the chair of the assembly committee
    23  on veterans' affairs, by no later than ninety days after the  department
    24  has commenced the conduct of the investigation and study.
    25    (d)  If  the  commissioner,  pursuant  to  the investigation and study
    26  conducted pursuant to this subdivision, determines that there  shall  be
    27  an  additional  state  veterans' cemetery in New York state, the commis-
    28  sioner shall provide for the construction and establishment of such  new
    29  veterans' cemetery pursuant to the same guidelines and standards for the
    30  construction  and  establishment  of  the first state veterans' cemetery
    31  under this section.
    32    5. Expansion and improvement of existing state  veterans'  cemeteries.
    33  The  commissioner,  in consultation with the management board of a state
    34  veterans' cemetery, may provide for the expansion and/or improvement  of
    35  the  cemetery.  Such  expansion  and  improvement  shall be conducted in
    36  accordance with the rules and regulations of the department under  para-
    37  graph (e) of subdivision two of this section.
    38    §  24.  Veterans  health  screening.  1.  As  used in this section: a.
    39  "Eligible member" means a member of the New York army national guard  or
    40  the  New  York air national guard who served in the Persian Gulf War, as
    41  defined in 38 USC 101, or in an area designated as a combat zone by  the
    42  president  of  the  United  States  during Operation Enduring Freedom or
    43  Operation Iraqi Freedom;
    44    b. "Veteran" means a person, male or female, resident of  this  state,
    45  who  has  served  in  the  active  military, naval or air service of the
    46  United States during a time of war in which the  United  States  engaged
    47  and  who has been released from such service otherwise than by dishonor-
    48  able discharge, or who has been furloughed to the reserve;
    49    c. "Military physician" includes a physician  who  is  under  contract
    50  with  the  United  States  department  of  defense  to provide physician
    51  services to members of the armed forces; and
    52    d. "Depleted uranium" means uranium containing less  uranium-235  than
    53  the naturally occurring distribution of uranium isotopes.
    54    2.  On  and  after  February  first,  two thousand seven, the adjutant
    55  general and the state commissioner shall assist any eligible  member  or
    56  veteran  who  has  been experiencing health problems.  Such problems may

        A. 8294--A                         31

     1  include exposure to toxic materials or harmful physical agents  such  as
     2  depleted  uranium. An eligible member or veteran who has been assigned a
     3  risk level I, II or III for depleted uranium  exposure  by  his  or  her
     4  branch of service, is referred by a military physician, or has reason to
     5  believe  that  he or she was exposed to toxic materials or harmful phys-
     6  ical agents such as depleted uranium during such service,  in  obtaining
     7  federal  treatment  services.  Such  treatment shall include, but not be
     8  limited to, a best  practice  health  screening  test  for  exposure  to
     9  depleted  uranium using a bioassay procedure involving sensitive methods
    10  capable of detecting depleted uranium at  low  levels  and  the  use  of
    11  equipment  with the capacity to discriminate between different radioiso-
    12  topes in naturally occurring levels of uranium  and  the  characteristic
    13  ratio and marker for depleted uranium. As more scientific reliable tests
    14  become  available such test shall be included in the treatment protocol.
    15  No state funds shall be used to pay for such tests or such other federal
    16  treatment services.
    17    3. On or before February  first,  two  thousand  seven,  the  adjutant
    18  general shall submit a report to the chair of the senate veterans, home-
    19  land security and military affairs committee and the chair of the assem-
    20  bly  veterans'  affairs  committee on the scope and adequacy of training
    21  received by members of the New York army national guard and the New York
    22  air national guard  on  detecting  whether  their  service  as  eligible
    23  members  is  likely  to  entail,  or to have entailed, exposure to toxic
    24  materials or harmful physical agents such  as  depleted  uranium.    The
    25  report shall include an assessment of the feasibility and cost of adding
    26  predeployment training concerning potential exposure to depleted uranium
    27  and  other  toxic  chemical  substances  and the precautions recommended
    28  under combat and noncombat conditions  while  in  a  combat  theater  or
    29  combat zone of operations.
    30    §  25.  Payment  to parents of veterans. 1. Annuity established. (a) A
    31  parent, identified in 10 USC 1126 as a gold star parent,  of  a  veteran
    32  who  heretofore has died or a parent of a veteran dying hereafter, shall
    33  upon application to the state commissioner, be paid  an  annual  annuity
    34  out of the treasury of the state for the sum of five hundred dollars for
    35  such  term as such parent shall be entitled thereto under the provisions
    36  of this article. Commencing in  the  year  two  thousand  nineteen,  the
    37  amount  of  any  annuity  payable  under  this section shall be the same
    38  amount as the annuity payable in the preceding year  plus  a  percentage
    39  adjustment  equal to the annual percentage increase, if any, for compen-
    40  sation and pension benefits administered by the United States Department
    41  of Veterans Affairs in the previous year. Such percentage increase shall
    42  be rounded up to the next highest one-tenth of one percent and shall not
    43  be less than one percent nor more than four percent. The commissioner of
    44  veterans' services, not later than February first of  each  year,  shall
    45  publish by any reasonable means, including but not limited to posting on
    46  the  department's website, the amount of the annuity as adjusted payable
    47  under this section. The term "parent" for the purposes of  this  section
    48  includes mother, father, stepmother, stepfather, mother through adoption
    49  and father through adoption.
    50    (b)  The  entitlement of any parent to receive the annuity provided by
    51  paragraph (a) of this subdivision shall terminate upon his or her  death
    52  or upon his or her ceasing to continue to be a resident of and domiciled
    53  in  the  state  of New York, but such entitlement may be reinstated upon
    54  application to the state commissioner, if such parent  shall  thereafter
    55  resume his or her residence and domicile in the state.

        A. 8294--A                         32
 
     1    (c) The effective date of an award of the annuity to a parent shall be
     2  the day after the date of death of the veteran if the application there-
     3  for  is received within one year from date of death.  If the application
     4  is received after the expiration of the first year following the date of
     5  the  death of the veteran, the effective date of an award of the annuity
     6  to a parent shall be the date of receipt of the application by the state
     7  commissioner. If the application is denied but is  granted  at  a  later
     8  date  upon  an  application for reconsideration based upon new evidence,
     9  the effective date of the award of the annuity to a parent shall be  the
    10  date  of the receipt of the application for reconsideration by the state
    11  commissioner.
    12    (d) Any applicant convicted of  making  any  false  statement  in  the
    13  application  for the annuity shall be subject to penalties prescribed in
    14  the penal law.
    15    2. Qualifications. (a) Any gold star parent, who is the  parent  of  a
    16  deceased veteran, and who is a resident of and domiciled in the state of
    17  New York, shall make application to the department.
    18    (b)  No  entitlement shall be paid under this section to or for a gold
    19  star parent who is in prison in a federal, state, or local penal  insti-
    20  tution as a result of conviction of a felony or misdemeanor for any part
    21  of  the  period  beginning  sixty-one days after his or her imprisonment
    22  begins and ending with his or her release.
    23    (c) Where one or more gold star parents are disqualified for the annu-
    24  ity for a period under paragraph (b)  of  this  subdivision,  the  state
    25  commissioner  shall  pay  the shares of such disqualified parents to the
    26  other parents, if they meet the qualifications on their own.
    27    (d) The decision of the state commissioner on  matters  regarding  the
    28  payment of such annuity shall be final.
    29    3.  Method  of  payment.  (a)  Evidence of the military service of the
    30  deceased veteran of  the  gold  star  parent  for  each  case  shall  be
    31  furnished in the manner and form prescribed by the state commissioner.
    32    (b)  Upon  being satisfied that such service was honorable, that other
    33  facts and statements in the application of such  gold  star  parent  are
    34  true,  the state commissioner shall certify to the state comptroller the
    35  name and address of such gold star parent.
    36    (c) Thereafter, the department of taxation and finance, on  the  audit
    37  and warrant of the comptroller, shall pay such gold star parent such sum
    38  as  is  authorized  by  the  provisions  of  this section in semi-annual
    39  installments for so long as such qualified gold star parent  shall  meet
    40  the requirements of this section.
    41    4.  Report. The state commissioner shall submit a report to the gover-
    42  nor, the chair of the senate finance committee, and  the  chair  of  the
    43  assembly  ways  and  means committee not later than January fifteenth of
    44  each year this section is in effect. Such report shall include, but  not
    45  be  limited  to  regulations promulgated pursuant to this section, and a
    46  description and evaluation of the program.
    47    § 26. Cremated remains of a veteran. The cremated remains of a veteran
    48  may be disposed of pursuant  to  the  provisions  of  section  forty-two
    49  hundred three of the public health law.
    50    §  27.  New  York  state silver rose veterans service certificate. The
    51  commissioner, in consultation  with  the  adjutant  general,  is  hereby
    52  authorized to present in the name of the legislature of the state of New
    53  York,  a  certificate,  to  be  known as the "New York State Silver Rose
    54  Veterans Service Certificate", bearing a  suitable  inscription  to  any
    55  person:
    56    1. who is a citizen of the state of New York; or

        A. 8294--A                         33
 
     1    2.  who  was  a  citizen of the state of New York while serving in the
     2  armed forces of the United States, and who while serving  in  the  armed
     3  forces of the United States, or the organized militia on active duty was
     4  exposed to dioxin or phenoxy herbicides, as evinced by a medical diagno-
     5  sis  of  a disease associated with dioxin or phenoxy herbicides, and any
     6  other proof determined by the adjutant general to be necessary; or
     7    3. who was honorably discharged or released  under  honorable  circum-
     8  stances.
     9    Not  more  than  one  New York state silver rose veterans certificates
    10  shall be awarded or presented, under the provisions of this section,  to
    11  any person whose entire service subsequent to the time of the receipt of
    12  such  certificate  shall  not  have  been honorable. In the event of the
    13  death of any person during or subsequent to the receipt of such  certif-
    14  icate  it  shall  be presented to such representative of the deceased as
    15  may be designated. The commissioner, in consultation with  the  adjutant
    16  general,  shall  make such rules and regulations as may be deemed neces-
    17  sary for the proper presentation and distribution of such certificates.
 
    18                                  ARTICLE 2
    19                           VETERANS EMPLOYMENT ACT
    20  Section 30. Short title.
    21          31. Legislative findings.
    22          32. Definitions.
    23          33. Temporary hiring.
    24          34. Department of civil services responsibilities.
    25          35. Regulations.
    26    § 30. Short title. This article shall be known and may be cited as the
    27  "veterans employment act".
    28    § 31. Legislative findings. The legislature hereby finds  that  it  is
    29  estimated  that  over  the next five years, forty-four thousand veterans
    30  are expected to return to this state from their military  posts,  making
    31  the  Empire  State home to one of the largest veteran populations in the
    32  country. Shockingly, the unemployment rate for Post-9/11 veterans in New
    33  York was 10.7% in two thousand twelve, which is nearly one percent high-
    34  er than the national average and higher than the  state's  overall  8.2%
    35  unemployment  rate.  The  legislature has found previously that it is in
    36  the interest of the state to ensure that returning veterans have employ-
    37  ment  opportunities  available  upon  their  separation  from   military
    38  service.
    39    The  state  already  encourages  private  businesses  to hire military
    40  veterans through tax credits and other economic incentives. In addition,
    41  the legislature has previously found that state agencies spend  millions
    42  of  dollars  annually on temporary staff hired from temporary employment
    43  service companies to cover temporary  staffing  needs.  These  temporary
    44  state  jobs  could  serve  as  a bridge for recently discharged military
    45  veterans who have yet to find full-time  permanent  work.  In  addition,
    46  these  temporary  assignments could serve to develop the next generation
    47  of the state workforce and help with succession planning for the current
    48  workforce.
    49    The legislature declares it to be the policy  of  this  state  to  use
    50  veterans  for  temporary  appointments  in  state  agencies  rather than
    51  utilizing temporary employment service companies  in  order  to  provide
    52  employment opportunities for returning military veterans.
    53    § 32. Definitions. As used in this article:
    54    1.  "State agency" shall mean any department, board, bureau, division,
    55  commission, council or committee within the executive branch, the  state

        A. 8294--A                         34
 
     1  university  of New York, the city university of New York, and all public
     2  authorities under the control of the executive branch.
     3    2.  "Temporary appointment" shall have the same meaning as provided in
     4  section sixty-four of the civil service law.
     5    3. "Veteran" shall mean an individual who served on active duty in the
     6  United States army, navy, marine corps, air force, coast  guard  or  the
     7  reserves  component,  or  who  served  in active military service of the
     8  United States as a member of  the  army  national  guard,  air  national
     9  guard,  New  York guard or New York naval militia, who was released from
    10  such service otherwise then by dishonorable  discharge  after  September
    11  eleventh, two thousand one.
    12    4. "Veteran temporary hiring list" shall mean a hiring list maintained
    13  by the department of civil service.
    14    §  33.  Temporary  hiring. Notwithstanding any provision of law to the
    15  contrary, a state agency shall select a veteran from the veteran  tempo-
    16  rary  hiring  list  when  making  a  temporary appointment provided such
    17  veteran possesses the applicable skills needed for the temporary assign-
    18  ment.
    19    § 34. Department of civil services responsibilities. The department of
    20  civil service shall:
    21    1. establish and maintain a veteran temporary hiring list, for use  by
    22  state agencies in the implementation of this article;
    23    2.  assist  state agencies by making available services of the depart-
    24  ment of civil service to facilitate the provisions of this article; and
    25    3. establish and maintain,  together  with  the  commissioner  of  the
    26  department  of  veterans'  services,  a  program  to  educate separating
    27  service members as to the benefits  available  to  veterans  under  this
    28  article.
    29    § 35. Regulations. The president of the state civil service commission
    30  shall  promulgate  such  rules  and regulations as shall be necessary to
    31  implement the provisions of this article.
 
    32                                  ARTICLE 3
    33         PARTICIPATION BY SERVICE-DISABLED VETERANS WITH RESPECT TO
    34                               STATE CONTRACTS
    35  Section 40. Definitions.
    36          41. Division of service-disabled veterans' business development.
    37          42. Opportunities for certified  service-disabled  veteran-owned
    38                business enterprises.
    39          43. Severability.
    40    §  40. Definitions. As used in this article, the following terms shall
    41  have the following meanings:
    42    1.  "Certified  service-disabled  veteran-owned  business  enterprise"
    43  shall mean a business enterprise, including a sole proprietorship, part-
    44  nership, limited liability company or corporation that is:
    45    (a)  at  least fifty-one percent owned by one or more service-disabled
    46  veterans;
    47    (b) an enterprise in which such service-disabled veteran ownership  is
    48  real, substantial, and continuing;
    49    (c) an enterprise in which such service-disabled veteran ownership has
    50  and  exercises  the  authority  to  control independently the day-to-day
    51  business decisions of the enterprise;
    52    (d) an enterprise authorized to do business in this state and is inde-
    53  pendently-owned and operated;
    54    (e) an enterprise that is a small business  which  has  a  significant
    55  business  presence  in the state, not dominant in its field and employs,

        A. 8294--A                         35
 
     1  based on its industry, a certain number of persons as determined by  the
     2  director,  but  not  to  exceed three hundred, taking into consideration
     3  factors which include, but are not limited to,  federal  small  business
     4  administration  standards pursuant to 13 CFR part 121 and any amendments
     5  thereto; and
     6    (f) certified by the office of general services.
     7    2. "Commissioner" shall mean the commissioner of the office of general
     8  services.
     9    3. "Director" shall mean the director of the division of service-disa-
    10  bled veterans' business development.
    11    4. "Division" shall mean the division  of  service-disabled  veterans'
    12  business development in the office of general services.
    13    5. "Service-disabled veteran" shall mean (a) in the case of the United
    14  States  army, navy, air force, marines, coast guard, army national guard
    15  or air national guard and/or reserves thereof, a veteran who received  a
    16  compensation  rating  of  ten  percent or greater from the United States
    17  Department of Veterans Affairs or from the United States  department  of
    18  defense  because  of a service-connected disability incurred in the line
    19  of duty, and (b) in the case of the New York guard or the New York naval
    20  militia and/or reserves thereof, a veteran who  certifies,  pursuant  to
    21  the  rules  and  regulations  promulgated  by  the  director,  to having
    22  incurred an injury equivalent to a compensation rating of ten percent or
    23  greater from the United States Department of Veterans  Affairs  or  from
    24  the  United  States Department of Defense because of a service-connected
    25  disability incurred in the line of duty.
    26    6. "State agency" shall mean: (a)(i) any state department; or (ii) any
    27  division, board, commission or bureau of any state department; or  (iii)
    28  the  state  university  of New York and the city university of New York,
    29  including all their constituent units except community colleges and  the
    30  independent  institutions  operating  statutory  or contract colleges on
    31  behalf of the state; or (iv) a board, a majority of  whose  members  are
    32  appointed by the governor or who serve by virtue of being state officers
    33  or  employees as defined in subparagraph (i), (ii) or (iii) of paragraph
    34  (i) of subdivision one of section seventy-three of the  public  officers
    35  law.
    36    (b)  a  "state authority" as defined in subdivision one of section two
    37  of the public authorities law, and the following:
    38    Albany County Airport Authority;
    39    Albany Port District Commission;
    40    Alfred, Almond, Hornellsville Sewer Authority;
    41    Battery Park City Authority;
    42    Cayuga County Water and Sewer Authority;
    43    (Nelson A. Rockefeller) Empire State Plaza Performing Arts Center
    44    Corporation;
    45    Industrial Exhibit Authority;
    46    Livingston County Water and Sewer Authority;
    47    Long Island Power Authority;
    48    Long Island Rail Road;
    49    Long Island Market Authority;
    50    Manhattan and Bronx Surface Transit Operating Authority;
    51    Metro-North Commuter Railroad;
    52    Metropolitan Suburban Bus Authority;
    53    Metropolitan Transportation Authority;
    54    Natural Heritage Trust;
    55    New York City Transit Authority;
    56    New York Convention Center Operating Corporation;

        A. 8294--A                         36
 
     1    New York State Bridge Authority;
     2    New York State Olympic Regional Development Authority;
     3    New York State Thruway Authority;
     4    Niagara Falls Public Water Authority;
     5    Niagara Falls Water Board;
     6    Port of Oswego Authority;
     7    Power Authority of the State of New York;
     8    Roosevelt Island Operating Corporation;
     9    Schenectady Metroplex Development Authority;
    10    State Insurance Fund;
    11    Staten Island Rapid Transit Operating Authority;
    12    State University Construction Fund;
    13    Syracuse Regional Airport Authority;
    14    Triborough Bridge and Tunnel Authority;
    15    Upper Mohawk valley regional water board;
    16    Upper Mohawk valley regional water finance authority;
    17    Upper Mohawk valley memorial auditorium authority;
    18    Urban Development Corporation and its subsidiary corporations.
    19    (c)  the  following only to the extent of state contracts entered into
    20  for its own account or for the benefit of a state agency as  defined  in
    21  paragraph (a) or (b) of this subdivision:
    22    Dormitory Authority of the State of New York;
    23    Facilities Development Corporation;
    24    New York State Energy Research and Development Authority;
    25    New York State Science and Technology Foundation.
    26    (d)  "state  contract" shall mean: (i) a written agreement or purchase
    27  order instrument, providing for a total expenditure in excess  of  twen-
    28  ty-five  thousand  dollars, whereby a contracting agency is committed to
    29  expend or does expend funds in return for labor, services including  but
    30  not  limited  to  legal,  financial  and  other  professional  services,
    31  supplies, equipment, materials or any combination of the  foregoing,  to
    32  be  performed  for,  or rendered or furnished to the contracting agency;
    33  (ii) a written agreement in  excess  of  one  hundred  thousand  dollars
    34  whereby a contracting agency is committed to expend or does expend funds
    35  for the acquisition, construction, demolition, replacement, major repair
    36  or  renovation  of  real  property and improvements thereon; and (iii) a
    37  written agreement in excess of one hundred thousand dollars whereby  the
    38  owner of a state assisted housing project is committed to expend or does
    39  expend funds for the acquisition, construction, demolition, replacement,
    40  major repair or renovation of real property and improvements thereon for
    41  such project.
    42    7. "Veteran" shall mean a person who served in the United States army,
    43  navy,  air  force, marines, coast guard, and/or reserves thereof, and/or
    44  in the army national guard, air national guard, New  York  guard  and/or
    45  the  New  York  naval  militia, and who (i) has received an honorable or
    46  general discharge from such service, or (ii) has a qualifying condition,
    47  as defined in section one of this chapter, and has received a  discharge
    48  other  than bad conduct or dishonorable from such service, or (iii) is a
    49  discharged LGBT veteran, as defined in section one of this chapter,  and
    50  has  received  a  discharge  other than bad conduct or dishonorable from
    51  such service.
    52    § 41. Division of service-disabled veterans' business development.  1.
    53  The head of the division of service-disabled veterans' business develop-
    54  ment  shall  be  the director who shall be appointed by the governor and
    55  who shall hold office at the pleasure of the commissioner.

        A. 8294--A                         37
 
     1    2. The director may  appoint  such  deputies,  assistants,  and  other
     2  employees  as may be needed for the performance of the duties prescribed
     3  herein subject to the provisions of the civil service law and the  rules
     4  and  regulations  of  the  civil  service  commission.  The director may
     5  request  and  shall  receive  from  any (i) department, division, board,
     6  bureau, or executive commission of the state or (ii) state agency,  such
     7  assistance as may be necessary to carry out the provisions of this arti-
     8  cle.
     9    3. The director shall have the following powers and duties:
    10    (a)  Develop, collect, summarize and disseminate information that will
    11  be helpful to persons and organizations throughout the state  in  under-
    12  taking  or  promoting  the  establishment  and successful operation of a
    13  service-disabled veteran-owned business.
    14    (b) Develop and make available to state agencies a directory of certi-
    15  fied service-disabled veteran-owned business  enterprises  which  shall,
    16  wherever  practicable,  be  divided  into categories of labor, services,
    17  supplies, equipment, materials and recognized  construction  trades  and
    18  which  shall  indicate areas or locations of the state where such enter-
    19  prises are available to perform services. Such directory shall be posted
    20  on the office of general services website.
    21    (c) Assist state agencies in the development of programs to foster and
    22  promote the use of service-disabled veteran-owned  business  enterprises
    23  on state contracts.
    24    (d) Coordinate the plans, programs and operations of the state govern-
    25  ment  which  affect or may contribute to the establishment, preservation
    26  and development of service-disabled veteran-owned business enterprises.
    27    (e) To appoint independent hearing officers who by contract  or  terms
    28  of  employment shall preside over adjudicatory hearings pursuant to this
    29  section for the office and who are assigned no other work by the office.
    30    (f) In conjunction with  the  commissioner,  develop  a  comprehensive
    31  statewide  plan  and  operational guidelines to promote service-disabled
    32  veteran-owned business enterprises  and  to  assist  them  in  obtaining
    33  opportunities to participate in the procurement of goods and services by
    34  the  state,  including  identification  of  barriers to service-disabled
    35  veterans' business development and investigation and evaluation of their
    36  impact on achieving the objectives of this article.
    37    4. The commissioner shall:
    38    (a) Coordinate training of all procurement personnel  of  state  agen-
    39  cies, emphasizing increased sensitivity and responsiveness to the unique
    40  needs and requirements of service-disabled veteran-owned business enter-
    41  prises.
    42    (b)  Conduct  a  coordinated review of all existing and proposed state
    43  training and technical assistance activities in direct  support  of  the
    44  service-disabled   veterans'  business  development  program  to  assure
    45  consistency with the objectives of this article.
    46    (c) Evaluate and assess availability  of  firms  for  the  purpose  of
    47  increasing participation of such firms in state contracting in consulta-
    48  tion with relevant state entities including, but not limited to, the New
    49  York state department of veterans' services.
    50    (d)  Provide  advice and technical assistance to promote service-disa-
    51  bled veteran-owned business enterprises' understanding of state procure-
    52  ment laws, practices and  procedures  to  facilitate  and  increase  the
    53  participation  of service-disabled veteran-owned business enterprises in
    54  state procurement.
    55    (e) Establish regular performance reporting systems  regarding  imple-
    56  mentation  of  the programs designed to increase service-disabled veter-

        A. 8294--A                         38
 
     1  an-owned business participation in procurement contracts by state  agen-
     2  cies.
     3    (f)  Submit a report by the thirty-first of December each year, to the
     4  governor, the temporary president of the  senate,  the  speaker  of  the
     5  assembly  and  the  chairpersons of the senate finance and assembly ways
     6  and means committees. Such report shall include  information  including,
     7  but  not  limited  to,  the number of contracts entered into pursuant to
     8  this article, the average  amount  of  such  contracts,  the  number  of
     9  service-disabled   veteran-owned  business  enterprises  certified,  the
    10  number of applications for certification as a service-disabled  veteran-
    11  owned business enterprise, the number of denials for such certification,
    12  the  number  of appeals of such denials, and the outcome of such appeals
    13  and the average time that is  required  for  such  certification  to  be
    14  completed.  Also  to  be included shall be the level of service-disabled
    15  veteran-owned businesses participating in each  agency's  contracts  for
    16  goods and services and on activities of the division and efforts by each
    17  contracting  agency  to promote utilization of service-disabled veteran-
    18  owned businesses and to promote and increase participation by  certified
    19  service-disabled   veteran-owned   businesses   with  respect  to  state
    20  contracts and subcontracts to such businesses. Such report may recommend
    21  new activities and programs to effectuate the purposes of this article.
    22    5. Certification. (a) The director, or in the absence of the director,
    23  the commissioner, within ninety days of the effective date of this arti-
    24  cle, shall promulgate rules and regulations providing for the establish-
    25  ment of a statewide certification  program  including  rules  and  regu-
    26  lations  governing  the  approval,  denial,  or  revocation  of any such
    27  certification. Such rules and regulations  shall  include,  but  not  be
    28  limited  to,  such  matters as may be required to ensure that the estab-
    29  lished procedures thereunder shall at least be in  compliance  with  the
    30  code  of  fair procedure set forth in section seventy-three of the civil
    31  rights law.
    32    (b) The division of service-disabled  veterans'  business  development
    33  shall  be responsible for verifying businesses as being owned, operated,
    34  and controlled by a service-disabled veteran  and  for  certifying  such
    35  verified  businesses.  Status  as a service-disabled veteran pursuant to
    36  paragraph (a) of this subdivision shall be documented by a copy  of  the
    37  veteran's  certificate of release or discharge from active duty, includ-
    38  ing  but  not  limited  to,  a  DD-214  form  or  an  honorable  service
    39  certificate/report  of casualty from the Department of Defense, a letter
    40  of certification by the United States Department of Veterans Affairs  or
    41  the  United  States Department of Defense and any additional information
    42  that may be required by the division of service-disabled veterans' busi-
    43  ness development. In the case of the New York  guard  or  the  New  York
    44  naval  militia  and/or  reserves  thereof,  status as a service-disabled
    45  veteran pursuant to this paragraph shall be documented pursuant to rules
    46  and regulations promulgated by the director, or in the  absence  of  the
    47  director, the commissioner.
    48    (c)  Following application for certification pursuant to this section,
    49  the director shall provide the applicant  with  written  notice  of  the
    50  status of the application, including notice of any outstanding deficien-
    51  cies,  within  thirty  days.  Within sixty days of submission of a final
    52  completed application, the director shall  provide  the  applicant  with
    53  written  notice  of a determination by the director approving or denying
    54  such certification and, in the event of a denial,  a  statement  setting
    55  forth  the  reasons  for  such  denial.  Upon a determination denying or
    56  revoking certification, the business enterprise for which  certification

        A. 8294--A                         39
 
     1  has  been  so  denied or revoked shall, upon written request made within
     2  thirty days from receipt of notice of such determination, be entitled to
     3  a hearing before an independent  hearing  officer  designated  for  such
     4  purpose  by  the  director. In the event that a request for a hearing is
     5  not made within such thirty-day  period,  such  determination  shall  be
     6  deemed  to  be  final.  The  independent hearing officer shall conduct a
     7  hearing and upon the conclusion of such hearing, issue a written  recom-
     8  mendation  to  the  director to affirm, reverse, or modify such determi-
     9  nation of the director. Such written recommendation shall be  issued  to
    10  the  parties.  The  director, within thirty days, by order, must accept,
    11  reject or modify such recommendation of  the  hearing  officer  and  set
    12  forth in writing the reason therefor. The director shall serve a copy of
    13  such order and reasons therefor upon the business enterprise by personal
    14  service  or by certified mail return receipt requested. The order of the
    15  director shall be subject to review pursuant to article seventy-eight of
    16  the civil practice law and rules.
    17    (d) All certifications shall be valid for a period of five years.
    18    § 42. Opportunities for certified service-disabled veteran-owned busi-
    19  ness enterprises. 1.  The director, or in the absence of  the  director,
    20  the commissioner, within ninety days of the effective date of this arti-
    21  cle shall promulgate rules and regulations for the following purposes:
    22    (a)  provide measures and procedures to ensure that certified service-
    23  disabled veteran-owned business enterprises are afforded the opportunity
    24  for meaningful participation in the performance of state  contracts  and
    25  to assist in state agencies' identification of those state contracts for
    26  which  certified service-disabled veteran-owned business enterprises may
    27  best perform;
    28    (b) provide for measures and procedures that assist state agencies  in
    29  the  identification  of  state  contracts where service-disabled veteran
    30  contract goals are practical, feasible and appropriate for  the  purpose
    31  of increasing the utilization of service-disabled veteran-owned business
    32  enterprise participation on state contracts;
    33    (c)  achieve  a statewide goal for participation on state contracts by
    34  service-disabled veteran-owned business enterprises of six percent;
    35    (d) provide for procedures  relating  to  submission  and  receipt  of
    36  applications  by service-disabled veteran-owned business enterprises for
    37  certification;
    38    (e) provide for the monitoring and compliance of  state  contracts  by
    39  state agencies with respect to the provisions of this article;
    40    (f)  provide  for  the  requirement that state agencies submit regular
    41  reports, as determined by the director, with respect to  their  service-
    42  disabled  veteran-owned  business enterprise program activity, including
    43  but not limited to, utilization reporting and state contract  monitoring
    44  and compliance;
    45    (g) notwithstanding any provision of the state finance law, the public
    46  buildings  law,  the  highway  law, the transportation law or the public
    47  authorities law to the contrary, provide for the reservation  or  set-a-
    48  side  of  certain procurements by state agencies in order to achieve the
    49  objectives of this article; provided, however,  that  such  procurements
    50  shall  remain  subject  to (i) priority of preferred sources pursuant to
    51  sections one hundred sixty-two and one hundred sixty-three of the  state
    52  finance  law;  (ii)  the approval of the comptroller of the state of New
    53  York pursuant to section one hundred  twelve  and  section  one  hundred
    54  sixty-three  of  the  state finance law and section twenty-eight hundred
    55  seventy-nine-a of the public authorities law; and (iii) the  procurement

        A. 8294--A                         40
 
     1  record  requirements  pursuant  to  paragraph  g  of subdivision nine of
     2  section one hundred sixty-three of the state finance law; and
     3    (h) provide for any other purposes to effectuate this article.
     4    2.  State  agencies shall administer the rules and regulations promul-
     5  gated by the director for the implementation of this article.
     6    § 43. Severability. If any clause,  sentence,  paragraph,  section  or
     7  part  of this article shall be adjudged by any court of competent juris-
     8  diction to be invalid, the judgment shall not affect, impair or  invali-
     9  date  the  remainder  thereof, but shall be confined in its operation to
    10  the clause, sentence, paragraph, section or part of this article direct-
    11  ly involved in the controversy in which the  judgment  shall  have  been
    12  rendered.
    13    §  3.  Paragraph  a  of  subdivision 3 of section 14-a of the domestic
    14  relations law, as separately amended by section 27 of part AA of chapter
    15  56 and chapter 177 of the laws of 2019, is amended to read as follows:
    16    a. No fee shall be charged for any certificate when  required  by  the
    17  United  States  department  of  veterans  affairs  or  by the [division]
    18  department of veterans' services of the state of New York to be used  in
    19  determining the eligibility of any person to participate in the benefits
    20  made available by the United States department of veterans affairs or by
    21  the state of New York.
    22    §  4.  Subdivision  1  of section 19 of the domestic relations law, as
    23  amended by section 28 of part AA of chapter 56 of the laws of  2019,  is
    24  amended to read as follows:
    25    1.  Each  town  and  city  clerk  hereby  empowered  to issue marriage
    26  licenses shall keep a book supplied by the state department of health in
    27  which such clerk shall record and index such information as is  required
    28  therein,  which book shall be kept and preserved as a part of the public
    29  records of his or her office. Whenever an  application  is  made  for  a
    30  search  of such records the city or town clerk, excepting the city clerk
    31  of the city of New York, may make such search and furnish a  certificate
    32  of the result to the applicant upon the payment of a fee of five dollars
    33  for  a search of one year and a further fee of one dollar for the second
    34  year for which such search is requested and fifty cents for  each  addi-
    35  tional  year  thereafter,  which  fees  shall be paid in advance of such
    36  search. Whenever an application is made for a search of such records  in
    37  the  city  of  New York, the city clerk of the city of New York may make
    38  such search and furnish a certificate of the  result  to  the  applicant
    39  upon the payment of a fee of five dollars for a search of one year and a
    40  further  fee  of  one  dollar  for  the  second year for which search is
    41  requested and fifty cents each additional year thereafter. Notwithstand-
    42  ing any other provision of this article, no fee shall be charged for any
    43  search or certificate when required by the United States  department  of
    44  veterans  affairs  or by the [division] department of veterans' services
    45  of the state of New York to be used in determining  the  eligibility  of
    46  any  person  to participate in the benefits made available by the United
    47  States department of veterans affairs or by the state of New  York.  All
    48  such affidavits, statements and consents, immediately upon the taking or
    49  receiving  of  the same by the town or city clerk, shall be recorded and
    50  indexed as provided herein and shall  be  public  records  and  open  to
    51  public  inspection  whenever  the  same may be necessary or required for
    52  judicial or other proper purposes. At such  times  as  the  commissioner
    53  shall  direct,  the said town or city clerk, excepting the city clerk of
    54  the city of New York, shall file in the office of the  state  department
    55  of health the original of each affidavit, statement, consent, order of a
    56  justice  or  judge  authorizing  immediate  solemnization  of  marriage,

        A. 8294--A                         41
 
     1  license and certificate, filed with or made before such clerk during the
     2  preceding month. Such clerk shall not be required to file  any  of  said
     3  documents  with  the  state  department  of  health until the license is
     4  returned  with  the  certificate showing that the marriage to which they
     5  refer has been actually performed.
     6    The county clerks of the counties comprising  the  city  of  New  York
     7  shall  cause  all  original  applications and original licenses with the
     8  marriage solemnization statements thereon heretofore  filed  with  each,
     9  and  all  papers and records and binders relating to such original docu-
    10  ments pertaining to marriage licenses issued  by  said  city  clerk,  in
    11  their  custody  and possession to be removed, transferred, and delivered
    12  to the borough offices of the city clerk in each of said counties.
    13    § 5. Subdivision 1 of section 3308 of the education law, as amended by
    14  section 29 of part AA of chapter 56 of the laws of 2019, is  amended  to
    15  read as follows:
    16    1. Each member state shall, through the creation of a state council or
    17  use of an existing body or board, provide for the coordination among its
    18  agencies  of government, local educational agencies and military instal-
    19  lations concerning the state's participation in,  and  compliance  with,
    20  this  compact  and  interstate  commission  activities. In New York, the
    21  state council shall include the commissioner or his or her designee, the
    22  [director] commissioner of the New York state [division]  department  of
    23  veterans'  services  or his or her designee, the adjutant general of the
    24  state of New York or his or her designee, a superintendent of  a  school
    25  district with a high concentration of military children appointed by the
    26  commissioner, a district superintendent of schools of a board of cooper-
    27  ative  educational services serving an area with a high concentration of
    28  military children appointed by the commissioner, a representative from a
    29  military installation appointed by the  governor,  a  representative  of
    30  military  families  appointed by the governor, a public member appointed
    31  by the governor and one representative each appointed by the speaker  of
    32  the assembly, the temporary president of the senate and the governor.
    33    §  6. Subdivision 1 of section 6505-c of the education law, as amended
    34  by section 30 of part AA of chapter 56 of the laws of 2019,  is  amended
    35  to read as follows:
    36    1. The commissioner shall develop, jointly with the [director] commis-
    37  sioner  of the [division] department of veterans' services, a program to
    38  facilitate articulation between participation in the military service of
    39  the United States or the military service of the state and admission  to
    40  practice  of  a  profession. The commissioner and the [director] commis-
    41  sioner of veterans' services shall identify, review and evaluate profes-
    42  sional training programs offered through either the military service  of
    43  the  United States or the military service of the state which may, where
    44  applicable, be accepted by the department as  equivalent  education  and
    45  training  in  lieu  of  all  or  part of an approved program. Particular
    46  emphasis shall be placed on  the  identification  of  military  programs
    47  which have previously been deemed acceptable by the department as equiv-
    48  alent education and training, programs which may provide, where applica-
    49  ble,  equivalent  education and training for those professions which are
    50  critical to public health and safety and  programs  which  may  provide,
    51  where   applicable,   equivalent   education   and  training  for  those
    52  professions for which shortages exist in the state of New York.
    53    § 7. The opening paragraph of section 5-211 of the  election  law,  as
    54  separately  amended  by  chapters  587  and  672 of the laws of 2019, is
    55  amended to read as follows:

        A. 8294--A                         42
 
     1    Each agency designated as a participating agency under the  provisions
     2  of this section shall implement and administer a program of distribution
     3  of  voter registration forms pursuant to the provisions of this section.
     4  The following offices which provide  public  assistance  and/or  provide
     5  state funded programs primarily engaged in providing services to persons
     6  with  disabilities are hereby designated as voter registration agencies:
     7  designated as the state agencies which provide public assistance are the
     8  office of children and family services,  the  office  of  temporary  and
     9  disability  assistance  and the department of health. Also designated as
    10  public assistance agencies are all agencies  of  local  government  that
    11  provide  such  assistance.  Designated  as  state  agencies that provide
    12  programs primarily engaged in providing services to people with disabil-
    13  ities are the department of labor,  office  for  the  aging,  [division]
    14  department  of  veterans'  services,  office of mental health, office of
    15  vocational and educational services for individuals  with  disabilities,
    16  commission  on  quality  of  care  for the mentally disabled, office for
    17  people with developmental disabilities, commission for the blind, office
    18  of [alcoholism and substance  abuse  services]  addiction  services  and
    19  supports,  the  office  of the advocate for the disabled and all offices
    20  which administer programs established or funded by such agencies.  Addi-
    21  tional  participating  agencies designated as voter registration offices
    22  are the department of state and the district  offices  of  the  workers'
    23  compensation  board.  Such  agencies  shall  be  required to offer voter
    24  registration forms to persons upon  initial  application  for  services,
    25  renewal  or  recertification  for  services  and  upon change of address
    26  relating to such services. Such agencies shall also be  responsible  for
    27  providing  assistance  to  applicants  in  completing voter registration
    28  forms, receiving and transmitting the completed  application  form  from
    29  all applicants who wish to have such form transmitted to the appropriate
    30  board  of  elections.  The state board of elections shall, together with
    31  representatives of the United States department of defense, develop  and
    32  implement  procedures  for  including  recruitment  offices of the armed
    33  forces of the United States as  voter  registration  offices  when  such
    34  offices  are so designated by federal law.  The state board of elections
    35  shall also make request of the United States Citizenship and Immigration
    36  Services to include applications for registration by mail with any mate-
    37  rials which are given to new citizens.
    38    § 8. Subdivision 3 of section 11-0707 of the  environmental  conserva-
    39  tion  law,  as amended by chapter 322 of the laws of 2021, is amended to
    40  read as follows:
    41    3. Any person who is a patient at any facility  in  this  state  main-
    42  tained  by  the  United  States Veterans Health Administration or at any
    43  hospital or sanitorium for treatment of tuberculosis maintained  by  the
    44  state  or  any  municipal corporation thereof or resident patient at any
    45  institution of the department of Mental Hygiene, or resident patient  at
    46  the  rehabilitation hospital of the department of Health, or at any rest
    47  camp maintained by the state through the [Division] Department of Veter-
    48  ans' Services [in the Executive Department] or any incarcerated individ-
    49  ual of a conservation work camp within the youth rehabilitation facility
    50  of the department of  corrections  and  community  supervision,  or  any
    51  incarcerated  individual  of a youth opportunity or youth rehabilitation
    52  center within the Office of Children and Family Services,  any  resident
    53  of  a  nursing  home  or  residential health care facility as defined in
    54  subdivisions two and three of section twenty-eight hundred  one  of  the
    55  public  health  law,  or  any  staff member or volunteer accompanying or
    56  assisting one or more residents of  such  nursing  home  or  residential

        A. 8294--A                         43
 
     1  health  care  facility  on  an outing authorized by the administrator of
     2  such nursing home or residential health care facility may take  fish  as
     3  if  he or she held a fishing license, except that he or she may not take
     4  bait  fish  by  net  or  trap,  if he or she has on his or her person an
     5  authorization upon a form furnished by the  department  containing  such
     6  identifying information and data as may be required by it, and signed by
     7  the  superintendent  or other head of such facility, institution, hospi-
     8  tal, sanitarium, nursing home, residential health care facility or  rest
     9  camp,  as  the case may be, or by a staff physician thereat duly author-
    10  ized so to do by the superintendent or other head thereof. Such authori-
    11  zation with respect to incarcerated  individuals  of  said  conservation
    12  work camps shall be limited to areas under the care, custody and control
    13  of the department.
    14    §  9.  Subdivisions  8,  9  and 10 of section 31 of the executive law,
    15  subdivision 8 as amended by section 2 of part AA of chapter  56  of  the
    16  laws  of  2019,  subdivision 9 as amended by section 106 of subpart B of
    17  part C of chapter 62 of the laws of 2011 and subdivision 10  as  amended
    18  by section 8 of part O of chapter 55 of the laws of 2012, are amended to
    19  read as follows:
    20    8. [The division of veterans' services.
    21    9.] The division of homeland security and emergency services.
    22    [10.] 9. Office of information technology services.
    23    § 10. Subdivision 1 of section 191 of the executive law, as amended by
    24  section  3  of  part AA of chapter 56 of the laws of 2019, is amended to
    25  read as follows:
    26    1. There is hereby established within the  division  of  military  and
    27  naval  affairs  a  temporary  advisory  committee on the restoration and
    28  display of New York state's military battle flags (hereinafter  referred
    29  to  as  the  "committee").  The committee shall have thirteen members as
    30  follows: the adjutant general, the director of the New York state  mili-
    31  tary  heritage  museum, the commissioners of education and parks, recre-
    32  ation and historic preservation and the [director] commissioner  of  the
    33  [division]  department of veterans' services, or their designated repre-
    34  sentatives, two members appointed each by the governor, speaker  of  the
    35  assembly and majority leader of the senate and one member each appointed
    36  by  the  minority  leaders of the senate and assembly and shall serve at
    37  the pleasure  of  the  appointing  authority.  Appointed  members  shall
    38  include individuals with experience in restoration of historical memora-
    39  bilia,  expertise  in  military  history,  or a background in historical
    40  restoration or fine arts conservation. No appointed member  shall  be  a
    41  member  of  the  executive,  legislative or judicial branch of the state
    42  government at the time of his/her appointment.  The  advisory  committee
    43  shall  meet  at  least  four  times a year. No members shall receive any
    44  compensation, but members who are not state officials may receive actual
    45  and necessary expenses incurred in the performance of their duties.
    46    § 11. Subdivision 1 of section 643 of the executive law, as amended by
    47  section 14 of part AA of chapter 56 of the laws of 2019, is  amended  to
    48  read as follows:
    49    1.  As  used  in this section, "crime victim-related agency" means any
    50  agency of state government which provides services to or deals  directly
    51  with  crime  victims,  including  (a)  the office of children and family
    52  services, the office for the aging, the [division] department of  veter-
    53  ans'  services,  the  office of probation and correctional alternatives,
    54  the department of corrections and community supervision, the  office  of
    55  victim  services,  the department of motor vehicles, the office of voca-
    56  tional rehabilitation, the workers' compensation board,  the  department

        A. 8294--A                         44
 
     1  of  health,  the  division  of  criminal justice services, the office of
     2  mental health, every transportation authority and the division of  state
     3  police,  and  (b)  any other agency so designated by the governor within
     4  ninety days of the effective date of this section.
     5    § 12. Section 99-v of the general municipal law, as amended by section
     6  25  of  part AA of chapter 56 of the laws of 2019, is amended to read as
     7  follows:
     8    § 99-v. Veterans services; display of events. Each county, city,  town
     9  or  village  may  adopt  a  local  law to provide a bulletin board to be
    10  conspicuously displayed in such county, city, town or  village  building
    11  holding  its  local legislative body or municipal offices. Such bulletin
    12  board shall be used by veterans organizations, the New York state [divi-
    13  sion] department of veterans'  services,  the  county  veterans  service
    14  agency  or city veterans service agency to display information regarding
    15  veterans in such county, city, town or  village.  Such  information  may
    16  include,  but  not  be limited to, benefits or upcoming veterans related
    17  events in the community.
    18    § 13. Subdivision 1 of section 168 of the labor  law,  as  amended  by
    19  chapter 322 of the laws of 2021, is amended to read as follows:
    20    1.  This  section  shall apply to all persons employed by the state in
    21  the ward, cottage, colony, kitchen and dining room,  and  guard  service
    22  personnel in any hospital, school, prison, reformatory or other institu-
    23  tion  within  or  subject  to  the jurisdiction, supervision, control or
    24  visitation of the department of corrections and  community  supervision,
    25  the  department of health, the department of mental hygiene, the depart-
    26  ment of  social  welfare  or  the  [division]  department  of  veterans'
    27  services  [in  the executive department], and engaged in the performance
    28  of such duties as nursing, guarding or attending the incarcerated  indi-
    29  viduals,  patients, wards or other persons kept or housed in such insti-
    30  tutions, or in protecting and  guarding  the  buildings  and/or  grounds
    31  thereof, or in preparing or serving food therein.
    32    §  14.  Paragraph  5  of subdivision (b) of section 5.06 of the mental
    33  hygiene law, as amended by section 31 of part AA of chapter  56  of  the
    34  laws of 2019, is amended to read as follows:
    35    (5) one member appointed on the recommendation of the state [director]
    36  commissioner  of the [division] department of veterans' services and one
    37  member appointed on the recommendation of the adjutant  general  of  the
    38  division  of military and naval affairs, at least one of whom shall be a
    39  current or former consumer of mental health services  or  substance  use
    40  disorder services who is a veteran who has served in a combat theater or
    41  combat zone of operations and is a member of a veterans organization;
    42    §  15.  Subdivision  (l) of section 7.09 of the mental hygiene law, as
    43  added by chapter 378 of the laws of 2019, is amended to read as follows:
    44    (l) Notwithstanding any general or special law to  the  contrary,  the
    45  commissioner,  in  conjunction  with the commissioner of [alcoholism and
    46  substance abuse services] addiction services and supports and the direc-
    47  tor of the [division] department of veterans' services shall  develop  a
    48  public education initiative designed to eliminate stigma and misinforma-
    49  tion  about  mental  illness  and  substance  use among service members,
    50  veterans, and their families, improve their understanding of mental  and
    51  substance  use  disorders  and the existence of effective treatment, and
    52  provide information regarding available  resources  and  how  to  access
    53  them.  These  public  education  initiatives  may include the use of the
    54  internet, including the use of social networking sites.

        A. 8294--A                         45
 
     1    § 16. Subdivision (g) of section 202 of the not-for-profit corporation
     2  law, as amended by section 33 of part AA of chapter 56 of  the  laws  of
     3  2019, is amended to read as follows:
     4    (g) Every corporation receiving any kind of state funding shall ensure
     5  the  provision  on  any  form required to be completed at application or
     6  recertification for the purpose of obtaining financial assistance pursu-
     7  ant to this chapter, that the application form shall contain a check-off
     8  question asking whether the applicant or recipient or a member of his or
     9  her family served in the United States military, and an option to answer
    10  in the affirmative. Where the applicant  or  recipient  answers  in  the
    11  affirmative  to  such  question,  the  not-for-profit  corporation shall
    12  ensure that contact information for the state [division]  department  of
    13  veterans'  services  is provided to such applicant or recipient in addi-
    14  tion to any other materials provided.
    15    § 17. Subdivision (b) of section 1401  of  the  not-for-profit  corpo-
    16  ration  law,  as  amended  by section 34 of part AA of chapter 56 of the
    17  laws of 2019, is amended to read as follows:
    18    (b) Removal of remains from private cemeteries  to  other  cemeteries.
    19  The  supervisor of any town containing a private cemetery may remove any
    20  body interred in such cemetery to any other cemetery within the town, if
    21  the owners of such cemeteries and  the  next  of  kin  of  the  deceased
    22  consent to such removal. The owners of a private cemetery may remove the
    23  bodies  interred  therein  to any other cemetery within such town, or to
    24  any cemetery designated by the next of kin of the  deceased.  Notice  of
    25  such  removal  shall  be  given  within  twenty days before such removal
    26  personally or by certified mail to the next of kin of  the  deceased  if
    27  known  and  to  the clerk and historian of the county in which such real
    28  property is situated and notice shall be given to  the  New  York  state
    29  department  of state, division of cemeteries. If any of the deceased are
    30  known to be veterans,  the  owners  shall  also  notify  the  [division]
    31  department of veterans' services. In the absence of the next of kin, the
    32  county clerk, county historian or the [division] department of veterans'
    33  services may act as a guardian to ensure proper reburial.
    34    §  18.  Subdivision  2  of  section  3802 of the public health law, as
    35  amended by section 23 of part AA of chapter 56 of the laws of  2019,  is
    36  amended to read as follows:
    37    2. In the exercise of the foregoing powers and duties the commissioner
    38  shall consult with the [director] commissioner of the [division] depart-
    39  ment  of veterans' services and the heads of state agencies charged with
    40  responsibility for manpower and health resources.
    41    § 19. Subdivision 3 of section 3803  of  the  public  health  law,  as
    42  amended  by  section 24 of part AA of chapter 56 of the laws of 2019, is
    43  amended to read as follows:
    44    3. In exercising any of his or her  powers  under  this  section,  the
    45  commissioner  shall  consult with appropriate health care professionals,
    46  providers, veterans or organizations representing them,  the  [division]
    47  department of veterans' services, the United States department of veter-
    48  ans affairs and the United States defense department.
    49    §  20.  Paragraph  (j)  of  subdivision  3 of section 20 of the social
    50  services law, as amended by section 32 of part AA of chapter 56  of  the
    51  laws of 2019, is amended to read as follows:
    52    (j)  to  ensure the provision, on any form required to be completed at
    53  application or recertification for the purpose  of  obtaining  financial
    54  assistance  pursuant to this chapter, the form shall contain a check-off
    55  question asking whether the applicant or recipient or a member of his or
    56  her family served in the United States military, and an option to answer

        A. 8294--A                         46
 
     1  in the affirmative. Where the applicant  or  recipient  answers  in  the
     2  affirmative  to  such  question,  the office of temporary and disability
     3  assistance shall ensure that contact information for  the  state  [divi-
     4  sion]  department of veterans' services is provided to such applicant or
     5  recipient addition to any other materials provided.
     6    § 21. Subdivisions 3 and 4 of section 95-f of the state  finance  law,
     7  as  amended  by section 15 of part AA of chapter 56 of the laws of 2019,
     8  are amended to read as follows:
     9    3. Monies of the fund shall be expended for the provision of veterans'
    10  counseling services provided by local veterans' service agencies  pursu-
    11  ant  to  section [three hundred fifty-seven] fourteen of the [executive]
    12  veterans' services law under the direction of the [division]  department
    13  of veterans' services.
    14    4.  To  the  extent  practicable,  the  [director] commissioner of the
    15  [division] department of veterans' services shall ensure that all monies
    16  received during a fiscal year are expended prior  to  the  end  of  that
    17  fiscal year.
    18    §  22.  The  opening paragraph of subdivision 2-a and subdivision 5 of
    19  section 97-mmmm of the state finance law, as amended by  section  16  of
    20  part  AA  of  chapter  56  of  the  laws of 2019, are amended to read as
    21  follows:
    22    On or before the first day  of  February  each  year,  the  [director]
    23  commissioner  of  the  New York state [division] department of veterans'
    24  services shall provide a written report to the  temporary  president  of
    25  the senate, speaker of the assembly, chair of the senate finance commit-
    26  tee, chair of the assembly ways and means committee, chair of the senate
    27  committee  on veterans, homeland security and military affairs, chair of
    28  the assembly veterans' affairs committee, the state comptroller and  the
    29  public.  Such  report  shall  include  how  the  monies of the fund were
    30  utilized during the preceding calendar year, and shall include:
    31    5. Moneys shall be payable from the fund on the audit and  warrant  of
    32  the  comptroller  on  vouchers  approved and certified by the [director]
    33  commissioner of the [division] department of veterans' services.
    34    § 23. The opening paragraph of subdivision 2-a and  subdivision  4  of
    35  section  99-v of the state finance law, as amended by section 17 of part
    36  AA of chapter 56 of the laws of 2019, are amended to read as follows:
    37    On or before the first day  of  February  each  year,  the  [director]
    38  commissioner  of  the  New York state [division] department of veterans'
    39  services shall provide a written report to the  temporary  president  of
    40  the senate, speaker of the assembly, chair of the senate finance commit-
    41  tee, chair of the assembly ways and means committee, chair of the senate
    42  committee  on veterans, homeland security and military affairs, chair of
    43  the assembly veterans' affairs committee, the state comptroller and  the
    44  public.  Such  report  shall  include  how  the  monies of the fund were
    45  utilized during the preceding calendar year, and shall include:
    46    4. Moneys of the fund shall be expended only for  the  assistance  and
    47  care  of homeless veterans, for housing and housing-related expenses, as
    48  determined by the [division] department of veterans' services.
    49    § 24. Subdivision 1 of section 20 of chapter 784 of the laws of  1951,
    50  constituting  the  New  York  state defense emergency act, as amended by
    51  section 38 of part AA of chapter 56 of the laws of 2019, is  amended  to
    52  read as follows:
    53    1.  There  is  hereby  continued in the division of military and naval
    54  affairs in the executive department a state civil defense commission  to
    55  consist  of the same members as the members of the disaster preparedness
    56  commission as established in article two-B  of  the  executive  law.  In

        A. 8294--A                         47
 
     1  addition,  the  superintendent of financial services, the chairperson of
     2  the workers' compensation board and the [director] commissioner  of  the
     3  [division] department of veterans' services shall be members. The gover-
     4  nor  shall  designate  one  of  the  members of the commission to be the
     5  chairperson thereof. The commission may provide for  its  division  into
     6  subcommittees  and  for action by such subcommittees with the same force
     7  and effect as action by the full commission. The members of the  commis-
     8  sion,  except  for  those  who  serve ex officio, shall be allowed their
     9  actual and necessary expenses  incurred  in  the  performance  of  their
    10  duties  under  this article but shall receive no additional compensation
    11  for services rendered pursuant to this article.
    12    § 25. Paragraph 2 of subdivision b of section 31-102 of  the  adminis-
    13  trative  code  of the city of New York, as amended by section 39 of part
    14  AA of chapter 56 of the laws of 2019, is amended to read as follows:
    15    2. links to websites describing veteran employment  services  provided
    16  by  the federal government and New York state government, including, but
    17  not limited to, the websites of the United States department  of  labor,
    18  the  New York state department of labor, the United States department of
    19  veterans affairs, and the New York state [division] department of veter-
    20  ans' services; and
    21    § 26.  Subdivision a of section 3102 of the New York city charter,  as
    22  amended  by  section 40 of part AA of chapter 56 of the laws of 2019, is
    23  amended to read as follows:
    24    a. Except as otherwise provided by law, the  commissioner  shall  have
    25  such  powers  as  provided  by  the [director] commissioner of the state
    26  department veterans' [service agency] services' and shall have the  duty
    27  to inform military and naval authorities of the United States and assist
    28  members of the armed forces and veterans, who are residents of the city,
    29  and  their  families,  in  relation to: (1) matters pertaining to educa-
    30  tional training and retraining  services  and  facilities,  (2)  health,
    31  medical  and  rehabilitation  service  and facilities, (3) provisions of
    32  federal, state and local laws and regulations affording  special  rights
    33  and  privileges  to  members  of the armed forces and veterans and their
    34  families, (4) employment  and  re-employment  services,  and  (5)  other
    35  matters  of  similar,  related  or  appropriate nature. The commissioner
    36  shall also assist families of members of the reserve components  of  the
    37  armed  forces  and  the  organized  militia  ordered into active duty to
    38  ensure that they are made aware of and  are  receiving  all  appropriate
    39  support  available to them. The department also shall perform such other
    40  duties as may be assigned by the state [director]  commissioner  of  the
    41  [division] department of veterans' services.
    42    §  27.  Subdivision  1  of  section  143  of the state finance law, as
    43  amended by chapter 96 of the  laws  of  2019,  is  amended  to  read  as
    44  follows:
    45    1.  Notwithstanding  any  inconsistent  provision  of  any  general or
    46  special law, the board, division, department, bureau, agency, officer or
    47  commission of the state charged with the duty  of  preparing  plans  and
    48  specifications  for  and  awarding  or  entering  into contracts for the
    49  performance of public work may require the payment of  a  fixed  sum  of
    50  money,  not  exceeding  one hundred dollars, for each copy of such plans
    51  and specifications, by persons or corporations desiring a copy  thereof.
    52  Any  person  or corporation desiring a copy of such plans and specifica-
    53  tions and making the deposit required by this section shall be furnished
    54  with one copy of the plans and specifications. Notwithstanding the fore-
    55  going, where payment is required it shall  be  waived  upon  request  by
    56  minority-  and  women-owned  business  enterprises certified pursuant to

        A. 8294--A                         48
 
     1  article fifteen-A of the executive law or by  service-disabled  veteran-
     2  owned  business  enterprises certified pursuant to article [seventeen-B]
     3  three of the [executive] veterans' services law. Such payment  may  also
     4  be  waived  when  such  plans  and specifications are made available and
     5  obtained electronically or in any non-paper form from the  board,  divi-
     6  sion, department, bureau, agency, officer or commission of the state.
     7    §  28.  Paragraph  j  of  subdivision  1 and subdivisions 6 and 6-d of
     8  section 163 of the state finance law, paragraph j of  subdivision  1  as
     9  amended  by chapter 569 of the laws of 2015, subdivision 6 as amended by
    10  chapter 257 of the laws of 2021 and subdivision 6-d as added by  chapter
    11  96 of the laws of 2019, are amended to read as follows:
    12    j. "Best value" means the basis for awarding contracts for services to
    13  the  offerer which optimizes quality, cost and efficiency, among respon-
    14  sive and responsible offerers. Such basis shall reflect, wherever possi-
    15  ble, objective and quantifiable analysis. Such basis may also identify a
    16  quantitative factor for offerers that are  small  businesses,  certified
    17  minority- or women-owned business enterprises as defined in subdivisions
    18  one, seven, fifteen and twenty of section three hundred ten of the exec-
    19  utive  law  or  service-disabled  veteran-owned  business enterprises as
    20  defined in subdivision one of section [three hundred sixty-nine-h] forty
    21  of the [executive] veterans' services law to be used  in  evaluation  of
    22  offers for awarding of contracts for services.
    23    6. Discretionary buying thresholds. Pursuant to guidelines established
    24  by the state procurement council: the commissioner may purchase services
    25  and commodities for the office of general services or its customer agen-
    26  cies serviced by the office of general services business services center
    27  in an amount not exceeding eighty-five thousand dollars without a formal
    28  competitive  process;  state  agencies may purchase services and commod-
    29  ities in an amount not exceeding fifty thousand dollars without a formal
    30  competitive process; and state  agencies  may  purchase  commodities  or
    31  services  from  small  business  concerns or those certified pursuant to
    32  [articles] article fifteen-A [and seventeen-B] of the executive law  and
    33  article three of the veterans' services law, or commodities or technolo-
    34  gy  that  are recycled or remanufactured in an amount not exceeding five
    35  hundred thousand dollars without a formal competitive  process  and  for
    36  commodities  that  are  food,  including  milk and milk products, grown,
    37  produced or harvested in New York state in an amount not to  exceed  two
    38  hundred thousand dollars, without a formal competitive process.
    39    6-d.  Pursuant  to  the  authority provided in subdivision six of this
    40  section, state agencies shall report annually on a fiscal year basis  by
    41  July first of the ensuing year to the director of the division of minor-
    42  ity  and  women-owned  business  development  the total number and total
    43  value of contracts awarded to businesses certified pursuant  to  article
    44  fifteen-A of the executive law, and with respect to contracts awarded to
    45  businesses  certified  pursuant  to  article  [seventeen-B] three of the
    46  [executive] veterans' services law such information shall be reported to
    47  the division of service-disabled veteran-owned business enterprises  for
    48  inclusion in their respective annual reports.
    49    § 29. Paragraph (f) of subdivision 5 of section 87 of the cannabis law
    50  is amended to read as follows:
    51    (f)  "Service-disabled  veterans"  shall  mean persons qualified under
    52  article [seventeen-B] three of the [executive] veterans' services law.
    53    § 30. Subdivision 6 of section 224-d of the labor  law,  as  added  by
    54  section  2  of  part AA of chapter 56 of the laws of 2021, is amended to
    55  read as follows:

        A. 8294--A                         49
 
     1    6. Each owner and  developer  subject  to  the  requirements  of  this
     2  section shall comply with the objectives and goals of certified minority
     3  and  women-owned  business  enterprises pursuant to article fifteen-A of
     4  the executive law and  certified  service-disabled  veteran-owned  busi-
     5  nesses pursuant to article [seventeen-B] three of the [executive] veter-
     6  ans'  services  law. The department in consultation with the [directors]
     7  commissioner of the division of minority and women's  business  develop-
     8  ment  and  the  director  of  the division of service-disabled veterans'
     9  business development shall make  training  and  resources  available  to
    10  assist  minority  and women-owned business enterprises and service-disa-
    11  bled veteran-owned business  enterprises  on  covered  renewable  energy
    12  systems to achieve and maintain compliance with prevailing wage require-
    13  ments.  The  department shall make such training and resources available
    14  online and shall afford minority and  women-owned  business  enterprises
    15  and  service-disabled  veteran-owned business enterprises an opportunity
    16  to submit comments on such training.
    17    § 31. Subdivision 3 of section 103-a of the state technology  law,  as
    18  added by chapter 427 of the laws of 2017, is amended to read as follows:
    19    3.  The  director  shall  conduct  an  outreach campaign informing the
    20  public of the iCenter and shall conduct specific  outreach  to  minority
    21  and  women-owned  business  enterprises  certified  pursuant  to article
    22  fifteen-A of the executive law, small businesses as such term is defined
    23  in section one hundred thirty-one of the economic development  law,  and
    24  service  disabled  veteran owned business enterprises certified pursuant
    25  to article [seventeen-B] three of the [executive] veterans' services law
    26  to inform such businesses of iCenter initiatives.
    27    § 32. Section 831 of the county law, as amended by chapter 490 of  the
    28  laws of 2019, is amended to read as follows:
    29    § 831. Soldier burial plots in Dutchess county. The legislature of the
    30  county  of  Dutchess  may  authorize  the  purchase  of burial plots and
    31  provide for marker settings and perpetual care and maintenance  of  such
    32  plots  in  one  or  more of the cemeteries of the county of Dutchess for
    33  deceased veterans, who, at the time of  death,  were  residents  of  the
    34  county  of Dutchess and who (i) were discharged from the armed forces of
    35  the United States either honorably or under honorable circumstances,  or
    36  (ii)  had  a  qualifying condition, as defined in section [three hundred
    37  fifty] one of the [executive] veterans' services  law,  and  received  a
    38  discharge  other  than  bad  conduct  or  dishonorable,  or (iii) were a
    39  discharged LGBT veteran, as defined in section [three hundred fifty] one
    40  of the [executive] veterans' services  law,  and  received  a  discharge
    41  other  than  bad conduct or dishonorable. The expense thereof shall be a
    42  county charge.
    43    § 33. Subdivision 6 of section 210 of the economic development law, as
    44  amended by chapter 490 of the laws  of  2019,  is  amended  to  read  as
    45  follows:
    46    6. "Veteran" shall mean a person who served in the United States army,
    47  navy,  air  force, marines, coast guard, and/or reserves thereof, and/or
    48  in the army national guard, air national guard, New  York  guard  and/or
    49  New  York naval militia and who (a) has received an honorable or general
    50  discharge from such service, or  (b)  has  a  qualifying  condition,  as
    51  defined  in section [three hundred fifty] one of the [executive]  veter-
    52  ans' services law, and has received a discharge other than  bad  conduct
    53  or  dishonorable from such service, or (c) is a discharged LGBT veteran,
    54  as defined in section [three  hundred  fifty]  one  of  the  [executive]
    55  veterans'  services  law,  and  has  received a discharge other than bad
    56  conduct or dishonorable from such service.

        A. 8294--A                         50
 
     1    § 34. Paragraph 1 of subdivision (a) of section 42 of  the  correction
     2  law,  as  amended by chapter 322 of the laws of 2021, is amended to read
     3  as follows:
     4    1.  There  shall  be  within  the  commission  a  citizen's policy and
     5  complaint review council.  It  shall  consist  of  nine  persons  to  be
     6  appointed  by  the  governor,  by and with the advice and consent of the
     7  senate. One person so appointed shall have served in the armed forces of
     8  the United States in any foreign war, conflict or  military  occupation,
     9  who  (i)  was  discharged therefrom under other than dishonorable condi-
    10  tions, or (ii) has a qualifying condition, as defined in section  [three
    11  hundred  fifty]  one  of the [executive] veterans' services law, and has
    12  received a discharge other than bad conduct or  dishonorable  from  such
    13  service,  or  (iii)  is a discharged LGBT veteran, as defined in section
    14  [three hundred fifty] one of the [executive] veterans' services law, and
    15  has received a discharge other than bad  conduct  or  dishonorable  from
    16  such service, or shall be a duly licensed mental health professional who
    17  has  professional  experience  or training with regard to post-traumatic
    18  stress syndrome. One person so appointed shall be an  attorney  admitted
    19  to  practice  in  this  state. One person so appointed shall be a former
    20  incarcerated individual  of  a  correctional  facility.  One  person  so
    21  appointed  shall be a former correction officer. One person so appointed
    22  shall be a former resident of a division for youth secure  center  or  a
    23  health  care  professional  duly licensed to practice in this state. One
    24  person so appointed shall be a former employee of the office of children
    25  and family services who has directly supervised youth in a secure  resi-
    26  dential  center operated by such office. In addition, the governor shall
    27  designate one of the full-time members other than the  [chairman]  chair
    28  of the commission as [chairman] chair of the council to serve as such at
    29  the pleasure of the governor.
    30    §  35.  Paragraph  (b)  of  subdivision  5  of section 50 of the civil
    31  service law, as amended by chapter 490 of the laws of 2019,  is  amended
    32  to read as follows:
    33    (b)  Notwithstanding  the provisions of paragraph (a) of this subdivi-
    34  sion, the state civil service department, subject to the approval of the
    35  director of the budget, a municipal commission, subject to the  approval
    36  of  the  governing  board or body of the city or county, as the case may
    37  be, or a regional commission or personnel officer, pursuant  to  govern-
    38  mental  agreement,  may  elect  to waive application fees, or to abolish
    39  fees for specific classes of  positions  or  types  of  examinations  or
    40  candidates,  or  to  establish  a  uniform  schedule  of reasonable fees
    41  different from those prescribed in paragraph (a)  of  this  subdivision,
    42  specifying  in  such schedule the classes of positions or types of exam-
    43  inations or candidates to which such fees shall apply; provided,  howev-
    44  er,  that  fees  shall be waived for candidates who certify to the state
    45  civil service department, a municipal commission or a  regional  commis-
    46  sion  that they are unemployed and primarily responsible for the support
    47  of a household, or are receiving public  assistance.  Provided  further,
    48  the state civil service department shall waive the state application fee
    49  for  examinations  for  original  appointment for all veterans. Notwith-
    50  standing any other provision of law, for purposes of this  section,  the
    51  term "veteran" shall mean a person who has served in the armed forces of
    52  the  United  States  or  the  reserves  thereof, or in the army national
    53  guard, air national guard, New York guard, or the New York  naval  mili-
    54  tia,  and  who  (1)  has been honorably discharged or released from such
    55  service under honorable conditions, or (2) has a  qualifying  condition,
    56  as  defined  in  section  [three  hundred  fifty] one of the [executive]

        A. 8294--A                         51
 
     1  veterans' services law, and has received  a  discharge  other  than  bad
     2  conduct  or  dishonorable from such service, or (3) is a discharged LGBT
     3  veteran, as defined in section [three hundred fifty] one of the  [execu-
     4  tive]  veterans'  services  law, and has received a discharge other than
     5  bad conduct or dishonorable from such service. The term  "armed  forces"
     6  shall mean the army, navy, air force, marine corps, and coast guard.
     7    §  36.  Paragraph  (b)  of  subdivision  1  of section 75 of the civil
     8  service law, as amended by chapter 490 of the laws of 2019,  is  amended
     9  to read as follows:
    10    (b) a person holding a position by permanent appointment or employment
    11  in  the  classified service of the state or in the several cities, coun-
    12  ties, towns, or villages thereof, or in any  other  political  or  civil
    13  division  of  the  state  or  of a municipality, or in the public school
    14  service, or in any public or special district, or in the service of  any
    15  authority,  commission  or  board,  or  in  any  other  branch of public
    16  service, who  was  honorably  discharged  or  released  under  honorable
    17  circumstances  from  the armed forces of the United States including (i)
    18  having a qualifying condition  as  defined  in  section  [three  hundred
    19  fifty]  one  of  the [executive] veterans' services law, and receiving a
    20  discharge other than bad conduct or dishonorable from such  service,  or
    21  (ii)  being  a  discharged  LGBT  veteran,  as defined in section [three
    22  hundred fifty] one  of  the  [executive]  veterans'  services  law,  and
    23  receiving  a  discharge other than bad conduct or dishonorable from such
    24  service, having served therein as such member in time of war as  defined
    25  in  section  eighty-five  of this chapter, or who is an exempt volunteer
    26  firefighter as defined in the  general  municipal  law,  except  when  a
    27  person  described in this paragraph holds the position of private secre-
    28  tary, cashier or deputy of any official or department, or
    29    § 37. Paragraph (a) of subdivision  1  of  section  85  of  the  civil
    30  service  law,  as amended by chapter 608 of the laws of 2021, is amended
    31  to read as follows:
    32    (a) The terms "veteran" and "non-disabled veteran" mean  a  member  of
    33  the  armed  forces  of the United States who was honorably discharged or
    34  released under honorable circumstances from such service  including  (i)
    35  having  a  qualifying  condition  as  defined  in section [three hundred
    36  fifty] one of the [executive] veterans' services law,  and  receiving  a
    37  discharge  other  than bad conduct or dishonorable from such service, or
    38  (ii) being a discharged LGBT  veteran,  as  defined  in  section  [three
    39  hundred  fifty]  one  of  the  [executive]  veterans'  services law, and
    40  receiving a discharge other than bad conduct or dishonorable  from  such
    41  service,  who  is  a  citizen  of the United States or an alien lawfully
    42  admitted for permanent residence in the United States and who is a resi-
    43  dent of the state of New York at the time of application for appointment
    44  or promotion or at the time of retention, as the case may be.
    45    § 38. Section 86 of the civil service law, as amended by  chapter  490
    46  of the laws of 2019, is amended to read as follows:
    47    § 86. Transfer of veterans or exempt volunteer firefighters upon abol-
    48  ition  of  positions. If  the  position in the non-competitive or in the
    49  labor class held by any honorably discharged veteran of the armed forces
    50  of the United States or by any veteran of the armed forces of the United
    51  States released under honorable circumstances from such service  includ-
    52  ing  (i)  having  a  qualifying  condition  as defined in section [three
    53  hundred fifty] one  of  the  [executive]  veterans'  services  law,  and
    54  receiving  a  discharge other than bad conduct or dishonorable from such
    55  service, or (ii) being a discharged LGBT veteran, as defined in  section
    56  [three hundred fifty] one of the [executive] veterans' services law, and

        A. 8294--A                         52
 
     1  receiving  a  discharge other than bad conduct or dishonorable from such
     2  service, who served therein in time of war as defined in section  eight-
     3  y-five of this chapter, or by an exempt volunteer firefighter as defined
     4  in  the  general municipal law, shall become unnecessary or be abolished
     5  for reasons of economy or otherwise, the honorably discharged veteran or
     6  exempt  volunteer  firefighter  holding  such  position  shall  not   be
     7  discharged from the public service but shall be transferred to a similar
     8  position  wherein  a  vacancy exists, and shall receive the same compen-
     9  sation therein. It is hereby made the duty of all persons  clothed  with
    10  the  power  of appointment to make such transfer effective. The right to
    11  transfer herein conferred shall  continue  for  a  period  of  one  year
    12  following  the  date  of abolition of the position, and may be exercised
    13  only where a vacancy exists in an appropriate position to which transfer
    14  may be made at the time of demand for transfer. Where the  positions  of
    15  more than one such veteran or exempt volunteer firefighter are abolished
    16  and  a  lesser  number  of vacancies in similar positions exist to which
    17  transfer may be made, the  veterans  or  exempt  volunteer  firefighters
    18  whose  positions  are  abolished  shall  be entitled to transfer to such
    19  vacancies in the order of their original  appointment  in  the  service.
    20  Nothing  in  this section shall be construed to apply to the position of
    21  private secretary, cashier or deputy of any official or department. This
    22  section shall have no application  to  persons  encompassed  by  section
    23  eighty-a of this chapter.
    24    §  39. Section 13-b of the domestic relations law, as amended by chap-
    25  ter 306 of the laws of 2021, is amended to read as follows:
    26    § 13-b. Time within which marriage may be solemnized. A marriage shall
    27  not be solemnized within twenty-four hours after  the  issuance  of  the
    28  marriage  license, unless authorized by an order of a court of record as
    29  hereinafter provided, nor shall it be solemnized after sixty  days  from
    30  the  date  of  the  issuance  of  the marriage license unless authorized
    31  pursuant to section [three hundred fifty-four-d] ten of the  [executive]
    32  veterans'  services  law.  Every  license to marry hereafter issued by a
    33  town or city clerk, in addition to other requirements specified by  this
    34  chapter, must contain a statement of the day and the hour the license is
    35  issued  and  the  period during which the marriage may be solemnized. It
    36  shall be the duty of the clergyman or magistrate performing the marriage
    37  ceremony, or if the marriage is solemnized by written contract,  of  the
    38  judge  before  whom the contract is acknowledged, to annex to or endorse
    39  upon the marriage license the date and hour the marriage is  solemnized.
    40  A  judge  or  justice  of  the supreme court of this state or the county
    41  judge of the county in which either party to be married resides, or  the
    42  judge  of  the  family  court of such county, if it shall appear from an
    43  examination of the license and any other proofs submitted by the parties
    44  that one of the parties is in danger of imminent death, or by reason  of
    45  other  emergency  public interest will be promoted thereby, or that such
    46  delay will work irreparable injury or great hardship upon the  contract-
    47  ing  parties, or one of them, may, make an order authorizing the immedi-
    48  ate solemnization of the marriage and upon filing such  order  with  the
    49  clergyman  or  magistrate  performing  the  marriage ceremony, or if the
    50  marriage is to be solemnized by written contract, with the judge  before
    51  whom  the  contract  is  acknowledged,  such clergyman or magistrate may
    52  solemnize such marriage, or such judge may take such  acknowledgment  as
    53  the  case  may be, without waiting for such three day period and twenty-
    54  four hour period to elapse. The clergyman, magistrate or judge must file
    55  such order with the town or city clerk who  issued  the  license  within
    56  five days after the marriage is solemnized. Such town or city clerk must

        A. 8294--A                         53
 
     1  record and index the order in the book required to be kept by him or her
     2  for recording affidavits, statements, consents and licenses, and when so
     3  recorded  the  order  shall  become a public record and available in any
     4  prosecution  under this section. A person who shall solemnize a marriage
     5  in violation of this section shall be guilty of a misdemeanor  and  upon
     6  conviction thereof shall be punished by a fine of fifty dollars for each
     7  offense,  and  in  addition  thereto,  his  or  her right to solemnize a
     8  marriage shall be suspended for ninety days.
     9    § 40. Paragraph c of subdivision 1 of section  360  of  the  education
    10  law,  as  amended by chapter 490 of the laws of 2019, is amended to read
    11  as follows:
    12    c. Adopt and enforce campus rules  and  regulations  not  inconsistent
    13  with  the  vehicle  and  traffic  law relating to parking, vehicular and
    14  pedestrian traffic, and safety. Such rules and regulations  may  include
    15  provisions  for the disposition of abandoned vehicles, removal by towing
    16  or otherwise of vehicles parked  in  violation  of  such  rules  at  the
    17  expense  of the owner, the payment of fees for the registration or park-
    18  ing of such vehicles, provided that such campus  rules  and  regulations
    19  may provide that any veteran attending the state university as a student
    20  shall  be  exempt from any fees for parking or registering a motor vehi-
    21  cle, and the assessment of administrative fines upon the owner or opera-
    22  tor of such vehicles for each violation of the regulations.  However, no
    23  such fine may be imposed without a hearing or an opportunity to be heard
    24  conducted by an officer or board designated by the  board  of  trustees.
    25  Such  fines,  in the case of an officer or employee of state university,
    26  may be deducted from the salary or wages of  such  officer  or  employee
    27  found  in  violation of such regulations, or in the case of a student of
    28  state university found in violation of such regulations, the  university
    29  may  withhold  his  or her grades and transcripts until such time as any
    30  fine is paid. For purposes of this subdivision, the term "veteran" shall
    31  mean a member of the armed forces of the United  States  who  served  in
    32  such armed forces in time of war and who (i) was honorably discharged or
    33  released  under honorable circumstances from such service, or (ii) has a
    34  qualifying condition, as defined in section [three hundred fifty] one of
    35  the [executive] veterans' services law, and  has  received  a  discharge
    36  other  than bad conduct or dishonorable from such service, or (iii) is a
    37  discharged LGBT veteran, as defined in section [three hundred fifty] one
    38  of the [executive] veterans' services law, and has received a  discharge
    39  other than bad conduct or dishonorable from such service.
    40    § 41. The opening paragraph of subdivision 6, subdivision 7, paragraph
    41  c  of  subdivision  9,  and  paragraph  a of subdivisions 10 and 10-a of
    42  section 503 of the education law, as amended by chapter 490 of the  laws
    43  of 2019, are amended to read as follows:
    44    Credit for service in war after world war I, which shall mean military
    45  service  during  the  period  commencing the first day of July, nineteen
    46  hundred forty, and terminating  the  thirtieth  day  of  June,  nineteen
    47  hundred  forty-seven, or during the period commencing the twenty-seventh
    48  day of June, nineteen hundred fifty, and  terminating  the  thirty-first
    49  day  of  January, nineteen hundred fifty-five, or during both such peri-
    50  ods, as a member of the armed forces of the United States, of any person
    51  who (i) has  been  honorably  discharged  or  released  under  honorable
    52  circumstances  from such service, or (ii) has a qualifying condition, as
    53  defined in section [three hundred fifty] one of the  [executive]  veter-
    54  ans'  services  law, and has received a discharge other than bad conduct
    55  or dishonorable from such service, or (iii) is a discharged LGBT  veter-
    56  an,  as  defined in section [three hundred fifty] one of the [executive]

        A. 8294--A                         54
 
     1  veterans' services law, and has received  a  discharge  other  than  bad
     2  conduct  or  dishonorable  from  such service, or service by one who was
     3  employed by the War Shipping Administration or Office of Defense  Trans-
     4  portation  or their agents as a merchant seaman documented by the United
     5  States Coast Guard or Department of Commerce,  or  as  a  civil  servant
     6  employed by the United States Army Transport Service (later redesignated
     7  as  the  United States Army Transportation Corps, Water Division) or the
     8  Naval Transportation Service; and who served satisfactorily  as  a  crew
     9  member  during  the period of armed conflict, December seventh, nineteen
    10  hundred forty-one, to August  fifteenth,  nineteen  hundred  forty-five,
    11  aboard  merchant  vessels in oceangoing, i.e., foreign, intercoastal, or
    12  coastwise service as such terms are defined under federal law  (46  USCA
    13  10301 & 10501) and further to include "near foreign" voyages between the
    14  United  States  and Canada, Mexico, or the West Indies via ocean routes,
    15  or public vessels in oceangoing service or foreign waters  and  who  has
    16  received  a  Certificate  of Release or Discharge from Active Duty and a
    17  discharge certificate, or an  Honorable  Service  Certificate/Report  of
    18  Casualty,  from  the  Department  of  Defense  or who served as a United
    19  States civilian employed by the American Field Service and served  over-
    20  seas  under  United States Armies and United States Army Groups in world
    21  war II during the period of armed conflict, December  seventh,  nineteen
    22  hundred  forty-one  through May eighth, nineteen hundred forty-five, and
    23  (iv) who was discharged or released  therefrom  under  honorable  condi-
    24  tions,  or  (v) has a qualifying condition, as defined in section [three
    25  hundred fifty] one of the [executive] veterans' services  law,  and  has
    26  received  a  discharge  other than bad conduct or dishonorable from such
    27  service, or (vi) is a discharged LGBT veteran,  as  defined  in  section
    28  [three hundred fifty] one of the [executive] veterans' services law, and
    29  has  received  a  discharge  other than bad conduct or dishonorable from
    30  such service, or who served as a United States civilian Flight Crew  and
    31  Aviation Ground Support Employee of Pan American World Airways or one of
    32  its  subsidiaries  or  its affiliates and served overseas as a result of
    33  Pan American's contract with Air Transport Command or Naval  Air  Trans-
    34  port  Service  during the period of armed conflict, December fourteenth,
    35  nineteen hundred forty-one through August fourteenth,  nineteen  hundred
    36  forty-five,  and  who  (vii)  was discharged or released therefrom under
    37  honorable conditions, or (viii) has a qualifying condition,  as  defined
    38  in  section  [three  hundred  fifty]  one  of  the [executive] veterans'
    39  services law, and has received a discharge other  than  bad  conduct  or
    40  dishonorable from such service, or (ix) is a discharged LGBT veteran, as
    41  defined  in  section [three hundred fifty] one of the [executive] veter-
    42  ans' services law, and has received a discharge other than  bad  conduct
    43  or  dishonorable  from such service, and who was a teacher in the public
    44  schools of this state at the time of his or her entrance into the  armed
    45  forces of the United States, provided no compensation was received under
    46  the provisions of section two hundred forty-two of the military law, and
    47  who returned to public school teaching following discharge or completion
    48  of  advanced  education  provided under servicemen's readjustment act of
    49  nineteen hundred forty-four, or who following such discharge or  release
    50  entered  into  a  service  which  would  qualify  him or her pursuant to
    51  section forty-three of the retirement and social security law to  trans-
    52  fer  his  or  her  membership in the New York state teachers' retirement
    53  system, shall be provided as follows,  any  provisions  of  section  two
    54  hundred forty-three of the military law to the contrary notwithstanding.
    55    7.  A teacher, who was a member of the New York state teachers retire-
    56  ment system but who withdrew his or her accumulated contributions  imme-

        A. 8294--A                         55
 
     1  diately  prior to his or her entry into, or during his or her service in
     2  the armed forces of the United States in war after World War I, who  (i)
     3  has  been  honorably  discharged or released from service, or (ii) has a
     4  qualifying condition, as defined in section [three hundred fifty] one of
     5  the  [executive]  veterans'  services  law, and has received a discharge
     6  other than bad conduct or dishonorable from such service, or (iii) is  a
     7  discharged LGBT veteran, as defined in section [three hundred fifty] one
     8  of  the [executive] veterans' services law, and has received a discharge
     9  other than bad conduct or dishonorable from such  service,  provided  no
    10  compensation  was  received  under the provisions of section two hundred
    11  forty-two of the military law, and who returned to public school  teach-
    12  ing  in  the  state  of New York following such discharge or release, or
    13  following completion of advanced education provided  under  servicemen's
    14  readjustment  act  of  nineteen  hundred  forty-four,  any provisions of
    15  section two hundred forty-three of the  military  law  to  the  contrary
    16  notwithstanding,  will  be  entitled  to credit for service in war after
    17  World War I, cost free, provided, however, that such credit will not  be
    18  allowed  until  he or she claims and pays for all prior teaching service
    19  credited to him or her at the time of his or her termination of  member-
    20  ship  in  the  New  York  state teachers retirement system, and provided
    21  further that claim for such service in war after World War  I  shall  be
    22  filed  by  the  member with the retirement board before the first day of
    23  July, nineteen hundred sixty-eight.
    24    c. (i) has been  honorably  discharged  or  released  under  honorable
    25  circumstances  from such service, or (ii) has a qualifying condition, as
    26  defined in section [three hundred fifty] one of the  [executive]  veter-
    27  ans'  services  law, and has received a discharge other than bad conduct
    28  or dishonorable from such service, or (iii) is a discharged LGBT  veter-
    29  an,  as  defined in section [three hundred fifty] one of the [executive]
    30  veterans' services law, and has received  a  discharge  other  than  bad
    31  conduct or dishonorable from such service, and
    32    a.  In addition to credit for military service pursuant to section two
    33  hundred forty-three of the military law  and  subdivisions  six  through
    34  nine  of  this  section,  a member employed as a full-time teacher by an
    35  employer as defined in subdivision three of section five hundred one  of
    36  this  article  and who joined the retirement system prior to July first,
    37  nineteen hundred seventy-three, may obtain credit for  military  service
    38  not  in excess of three years and not otherwise creditable under section
    39  two hundred forty-three of the military law and subdivisions six through
    40  nine of this section, rendered on active duty in the armed forces of the
    41  United States during the period commencing July first, nineteen  hundred
    42  forty,  and  terminating  December thirty-first, nineteen hundred forty-
    43  six, or on service by one who was employed by the War Shipping  Adminis-
    44  tration  or  Office  of  Defense  Transportation  or  their  agents as a
    45  merchant seaman documented by the United States Coast Guard  or  Depart-
    46  ment  of  Commerce,  or as a civil servant employed by the United States
    47  Army Transport Service (later redesignated as  the  United  States  Army
    48  Transportation  Corps,  Water  Division)  or  the  Naval  Transportation
    49  Service; and who served satisfactorily as a crew member during the peri-
    50  od of armed conflict, December seventh, nineteen hundred  forty-one,  to
    51  August  fifteenth,  nineteen hundred forty-five, aboard merchant vessels
    52  in oceangoing, i.e., foreign, intercoastal, or coastwise service as such
    53  terms are defined under federal law (46 USCA 10301 & 10501) and  further
    54  to  include "near foreign" voyages between the United States and Canada,
    55  Mexico, or the West Indies via ocean routes, or public vessels in ocean-
    56  going service or foreign waters and who has received  a  Certificate  of

        A. 8294--A                         56
 
     1  Release or Discharge from Active Duty and a discharge certificate, or an
     2  Honorable Service Certificate/Report of Casualty, from the Department of
     3  Defense  or  on  service  by  one who served as a United States civilian
     4  employed  by the American Field Service and served overseas under United
     5  States Armies and United States Army Groups in world war II  during  the
     6  period  of  armed conflict, December seventh, nineteen hundred forty-one
     7  through May  eighth,  nineteen  hundred  forty-five,  and  who  (i)  was
     8  discharged or released therefrom under honorable conditions, or (ii) has
     9  a  qualifying condition, as defined in section [three hundred fifty] one
    10  of the [executive] veterans' services law, and has received a  discharge
    11  other  than bad conduct or dishonorable from such service, or (iii) is a
    12  discharged LGBT veteran, as defined in section [three hundred fifty] one
    13  of the [executive] veterans' services law, and has received a  discharge
    14  other  than bad conduct or dishonorable from such service, or on service
    15  by one who served as a United States civilian Flight Crew  and  Aviation
    16  Ground  Support  Employee  of  Pan  American World Airways or one of its
    17  subsidiaries or its affiliates and served overseas as a  result  of  Pan
    18  American's  contract  with  Air Transport Command or Naval Air Transport
    19  Service during the period of armed conflict, December fourteenth,  nine-
    20  teen  hundred  forty-one  through  August  fourteenth,  nineteen hundred
    21  forty-five, and who (iv) was  discharged  or  released  therefrom  under
    22  honorable  conditions,  or (v) has a qualifying condition, as defined in
    23  section [three hundred fifty] one of the [executive] veterans'  services
    24  law, and has received a discharge other than bad conduct or dishonorable
    25  from  such  service, or (vi) is a discharged LGBT veteran, as defined in
    26  section [three hundred fifty] one of the [executive] veterans'  services
    27  law, and has received a discharge other than bad conduct or dishonorable
    28  from  such  service, by a person who was a resident of New York state at
    29  the time of entry into such service and at the time of being  discharged
    30  therefrom  under  honorable  circumstances,  and  who makes the payments
    31  required in accordance with the provisions of this subdivision.
    32    a. In addition to credit for military service pursuant to section  two
    33  hundred  forty-three  of  the  military law and subdivisions six through
    34  nine of this section, a member who joined the retirement system prior to
    35  July first, nineteen hundred seventy-three, and who was not eligible for
    36  credit for military service under subdivision ten of this section  as  a
    37  result  of  being on a leave of absence without pay between July twenti-
    38  eth,  nineteen  hundred  seventy-six  and  October  fifteenth,  nineteen
    39  hundred  seventy-seven  or  on  leave of absence with less than full pay
    40  between  July  twentieth,  nineteen  hundred  seventy-six  and   October
    41  fifteenth,  nineteen  hundred seventy-seven, may obtain credit for mili-
    42  tary service not in excess of three years and not  otherwise  creditable
    43  under  section  two hundred forty-three of the military law and subdivi-
    44  sions six through nine of this section, rendered on active duty  in  the
    45  armed  forces  of  the  United  States during the period commencing July
    46  first, nineteen hundred forty, and  terminating  December  thirty-first,
    47  nineteen hundred forty-six, or on service by one who was employed by the
    48  War Shipping Administration or Office of Defense Transportation or their
    49  agents  as a merchant seaman documented by the United States Coast Guard
    50  or Department of Commerce, or as a civil servant employed by the  United
    51  States  Army  Transport Service (later redesignated as the United States
    52  Army Transportation Corps, Water Division) or the  Naval  Transportation
    53  Service; and who served satisfactorily as a crew member during the peri-
    54  od  of  armed conflict, December seventh, nineteen hundred forty-one, to
    55  August fifteenth, nineteen hundred forty-five, aboard  merchant  vessels
    56  in oceangoing, i.e., foreign, intercoastal, or coastwise service as such

        A. 8294--A                         57
 
     1  terms  are defined under federal law (46 USCA 10301 & 10501) and further
     2  to include "near foreign" voyages between the United States and  Canada,
     3  Mexico, or the West Indies via ocean routes, or public vessels in ocean-
     4  going  service  or  foreign waters and who has received a Certificate of
     5  Release or Discharge from Active Duty and a discharge certificate, or an
     6  Honorable Service Certificate/Report of Casualty, from the Department of
     7  Defense, or on service by one who served as  a  United  States  civilian
     8  employed  by the American Field Service and served overseas under United
     9  States Armies and United States Army Groups in world war II  during  the
    10  period  of  armed conflict, December seventh, nineteen hundred forty-one
    11  through May  eighth,  nineteen  hundred  forty-five,  and  who  (i)  was
    12  discharged or released therefrom under honorable conditions, or (ii) has
    13  a  qualifying condition, as defined in section [three hundred fifty] one
    14  of the [executive] veterans' services law, and has received a  discharge
    15  other  than bad conduct or dishonorable from such service, or (iii) is a
    16  discharged LGBT veteran, as defined in section [three hundred fifty] one
    17  of the [executive] veterans' services law, and has received a  discharge
    18  other  than bad conduct or dishonorable from such service, or on service
    19  by one who served as a United States civilian Flight Crew  and  Aviation
    20  Ground  Support  Employee  of  Pan  American World Airways or one of its
    21  subsidiaries or its affiliates and served overseas as a  result  of  Pan
    22  American's  contract  with  Air Transport Command or Naval Air Transport
    23  Service during the period of armed conflict, December fourteenth,  nine-
    24  teen  hundred  forty-one  through  August  fourteenth,  nineteen hundred
    25  forty-five, and who (iv) was  discharged  or  released  therefrom  under
    26  honorable  conditions,  or (v) has a qualifying condition, as defined in
    27  section [three hundred fifty] one of the [executive] veterans'  services
    28  law, and has received a discharge other than bad conduct or dishonorable
    29  from  such  service, or (vi) is a discharged LGBT veteran, as defined in
    30  section [three hundred fifty] one of the [executive] veterans'  services
    31  law, and has received a discharge other than bad conduct or dishonorable
    32  from  such  service, by a person who was a resident of New York state at
    33  the time of entry into such service and at the time of being  discharged
    34  therefrom  under  honorable  circumstances,  and  who makes the payments
    35  required in accordance with the provisions of this subdivision.
    36    § 42. Subdivision 5 of section 605 of the education law, as amended by
    37  chapter 490 of the laws of 2019, is amended to read as follows:
    38    5. Regents scholarships for war veterans. Regents scholarships for war
    39  veterans shall be awarded on a competitive basis,  for  study  beginning
    40  with  the  college  year nineteen hundred seventy-five--nineteen hundred
    41  seventy-six. Six hundred such scholarships shall be awarded in such year
    42  to veterans of the armed forces of the United States who have served  on
    43  active  duty  (other  than  for  training) between October one, nineteen
    44  hundred sixty-one and March twenty-nine, nineteen hundred seventy-three,
    45  and who on the date by which applications are required to  be  submitted
    46  (a)  have  been  released  from such active duty on conditions not other
    47  than honorable, or (b)  have  a  qualifying  condition,  as  defined  in
    48  section  [three hundred fifty] one of the [executive] veterans' services
    49  law, and have received a discharge other than bad conduct  or  dishonor-
    50  able  from such service, or (c) are discharged LGBT veterans, as defined
    51  in section [three  hundred  fifty]  one  of  the  [executive]  veterans'
    52  services  law,  and  have received a discharge other than bad conduct or
    53  dishonorable from such service. Such scholarships shall be allocated  to
    54  each  county  in  the  state  in the same ratio that the number of legal
    55  residents in such county, as  determined  by  the  most  recent  federal
    56  census,  bears  to the total number of residents in the state; provided,

        A. 8294--A                         58

     1  however, that no county shall be allocated fewer scholarships than  such
     2  county  received  during  the  year nineteen hundred sixty-eight--sixty-
     3  nine.
     4    § 43. Subparagraph 3 of paragraph b of subdivision 3 of section 663 of
     5  the  education  law,  as  amended by chapter 490 of the laws of 2019, is
     6  amended to read as follows:
     7    (3) The applicant was enlisted in full time active military service in
     8  the armed forces of  the  United  States  and  (i)  has  been  honorably
     9  discharged  from  such  service,  or (ii) has a qualifying condition, as
    10  defined in section [three hundred fifty] one of the  [executive]  veter-
    11  ans'  services  law, and has received a discharge other than bad conduct
    12  or dishonorable from such service, or (iii) is a discharged LGBT  veter-
    13  an,  as  defined in section [three hundred fifty] one of the [executive]
    14  veterans' services law, and has received  a  discharge  other  than  bad
    15  conduct  or dishonorable from such service, and, provided, however, that
    16  the applicant has not and will not be claimed as a dependent  by  either
    17  parent for purposes of either federal or state income tax.
    18    §  44.  Paragraph  (b)  of  subdivisions 1 and 2 of section 668 of the
    19  education law, as amended by chapter  490  of  the  laws  of  2019,  are
    20  amended to read as follows:
    21    (b) December seven, nineteen hundred forty-one to December thirty-one,
    22  nineteen  hundred  forty-six,  or have been employed by the War Shipping
    23  Administration or Office of Defense Transportation or their agents as  a
    24  merchant  seaman  documented by the United States Coast Guard or Depart-
    25  ment of Commerce, or as a civil servant employed by  the  United  States
    26  Army  Transport  Service  (later  redesignated as the United States Army
    27  Transportation  Corps,  Water  Division)  or  the  Naval  Transportation
    28  Service; and who served satisfactorily as a crew member during the peri-
    29  od  of  armed conflict, December seventh, nineteen hundred forty-one, to
    30  August fifteenth, nineteen hundred forty-five, aboard  merchant  vessels
    31  in oceangoing, i.e., foreign, intercoastal, or coastwise service as such
    32  terms  are defined under federal law (46 USCA 10301 & 10501) and further
    33  to include "near foreign" voyages between the United States and  Canada,
    34  Mexico, or the West Indies via ocean routes, or public vessels in ocean-
    35  going  service  or  foreign waters and who has received a Certificate of
    36  Release or Discharge from Active Duty and a discharge certificate, or an
    37  Honorable Service Certificate/Report of Casualty, from the Department of
    38  Defense or have served as a United States civilian employed by the Amer-
    39  ican Field Service and served overseas under United  States  Armies  and
    40  United  States  Army  Groups  in world war II during the period of armed
    41  conflict, December  seventh,  nineteen  hundred  forty-one  through  May
    42  eighth,  nineteen  hundred  forty-five,  and  who  (i) was discharged or
    43  released therefrom under honorable conditions, or (ii) has a  qualifying
    44  condition, as defined in section [three hundred fifty] one of the [exec-
    45  utive]  veterans'  services law, and has received a discharge other than
    46  bad conduct or dishonorable from such service, or (iii) is a  discharged
    47  LGBT  veteran,  as  defined  in section [three hundred fifty] one of the
    48  [executive] veterans' services law, and has received a  discharge  other
    49  than  bad conduct or dishonorable from such service, or have served as a
    50  United States civilian Flight Crew and Aviation Ground Support  Employee
    51  of  Pan  American World Airways or one of its subsidiaries or its affil-
    52  iates and served overseas as a result of Pan  American's  contract  with
    53  Air  Transport  Command or Naval Air Transport Service during the period
    54  of armed  conflict,  December  fourteenth,  nineteen  hundred  forty-one
    55  through August fourteenth, nineteen hundred forty-five, and who (iv) was
    56  discharged  or released therefrom under honorable conditions, or (v) has

        A. 8294--A                         59
 
     1  a qualifying condition, as defined in section [three hundred fifty]  one
     2  of  the [executive] veterans' services law, and has received a discharge
     3  other than bad conduct or dishonorable from such service, or (vi)  is  a
     4  discharged LGBT veteran, as defined in section [three hundred fifty] one
     5  of  the [executive] veterans' services law, and has received a discharge
     6  other than bad conduct or dishonorable from such service.
     7    (b) (i) is an honorably discharged veteran of  the  United  States  or
     8  member  of the armed forces of the United States, or (ii) has a qualify-
     9  ing condition, as defined in section [three hundred fifty]  one  of  the
    10  [executive]  veterans'  services law, and has received a discharge other
    11  than bad conduct or dishonorable  from  such  service,  or  (iii)  is  a
    12  discharged LGBT veteran, as defined in section [three hundred fifty] one
    13  of  the [executive] veterans' services law, and has received a discharge
    14  other than bad conduct or dishonorable from such service, who is a resi-
    15  dent of the state of New York, and who has a current disability of forty
    16  percent or more as a result of an injury or illness which is incurred or
    17  was incurred during such military service; or
    18    § 45. Subdivision 1 of section 668-c of the education law, as  amended
    19  by chapter 606 of the laws of 2021, is amended to read as follows:
    20    1.  Eligible students. Awards shall be made to Vietnam veterans' resi-
    21  dent children born with Spina Bifida enrolled in approved  undergraduate
    22  or graduate programs at degree granting institutions. For the purpose of
    23  this  section, "Vietnam veteran" shall mean a person who served in Indo-
    24  china at any time from the  first  day  of  November,  nineteen  hundred
    25  fifty-five,  to  and  including the seventh day of May, nineteen hundred
    26  seventy-five and (a) was honorably discharged from the armed  forces  of
    27  the  United  States,  or  (b)  has a qualifying condition, as defined in
    28  section [three hundred fifty] one of the [executive] veterans'  services
    29  law, and has received a discharge other than bad conduct or dishonorable
    30  from  the armed forces of the United States, or (c) is a discharged LGBT
    31  veteran, as defined in section [three hundred fifty] one of the  [execu-
    32  tive]  veterans'  services  law, and has received a discharge other than
    33  bad conduct or dishonorable from the armed forces of the United  States;
    34  "born with Spina Bifida" shall mean a diagnosis at birth of such disease
    35  inclusive  of  all  forms,  manifestations, complications and associated
    36  medical conditions thereof, but shall not include Spina Bifida  Occulta.
    37  Such diagnosis shall be in accordance with the provisions of the federal
    38  Spina Bifida program and shall be documented by the United States Admin-
    39  istration of Veterans' Affairs.
    40    §  46.  Paragraphs  a, b, c and d of subdivision 1 of section 669-a of
    41  the education law, paragraph a as amended by chapter 606 of the laws  of
    42  2021  and paragraphs b, c and d as amended by chapter 490 of the laws of
    43  2019, are amended to read as follows:
    44    a. "Vietnam veteran" means (i) a person who  is  a  resident  of  this
    45  state, (ii) who served in the armed forces of the United States in Indo-
    46  china  at  any  time  from  the  first day of November, nineteen hundred
    47  fifty-five, to and including the seventh day of  May,  nineteen  hundred
    48  seventy-five, and (iii) who was either discharged therefrom under honor-
    49  able  conditions,  including  but  not  limited  to honorable discharge,
    50  discharge under honorable conditions, or general  discharge,  or  has  a
    51  qualifying condition, as defined in section [three hundred fifty] one of
    52  the  [executive]  veterans'  services  law, and has received a discharge
    53  other than bad conduct or  dishonorable  from  such  service,  or  is  a
    54  discharged LGBT veteran, as defined in section [three hundred fifty] one
    55  of  the [executive] veterans' services law, and has received a discharge
    56  other than bad conduct or dishonorable from such service.

        A. 8294--A                         60

     1    b. "Persian Gulf veteran" means (i) a person who is a resident of this
     2  state, (ii) who served in the armed forces of the United States  in  the
     3  hostilities  that  occurred  in  the Persian Gulf from the second day of
     4  August, nineteen hundred ninety through the end of such hostilities, and
     5  (iii)  who  was  either discharged therefrom under honorable conditions,
     6  including but not limited to honorable discharge, discharge under honor-
     7  able conditions, or general discharge, or has a qualifying condition, as
     8  defined in section [three hundred fifty] one of the  [executive]  veter-
     9  ans'  services  law, and has received a discharge other than bad conduct
    10  or dishonorable from such service, or is a discharged LGBT  veteran,  as
    11  defined  in  section [three hundred fifty] one of the [executive] veter-
    12  ans' services law, and has received a discharge other than  bad  conduct
    13  or dishonorable from such service.
    14    c.  "Afghanistan veteran" means (i) a person who is a resident of this
    15  state, (ii) who served in the armed forces of the United States  in  the
    16  hostilities  that  occurred  in  Afghanistan  from  the  eleventh day of
    17  September, two thousand one, to the end of such hostilities,  and  (iii)
    18  who  was either discharged therefrom under honorable conditions, includ-
    19  ing but not limited to honorable discharge,  discharge  under  honorable
    20  conditions,  or  general  discharge,  or  has a qualifying condition, as
    21  defined in section [three hundred fifty] one of the  [executive]  veter-
    22  ans'  services  law, and has received a discharge other than bad conduct
    23  or dishonorable from such service, or is a discharged LGBT  veteran,  as
    24  defined  in  section [three hundred fifty] one of the [executive] veter-
    25  ans' services law, and has received a discharge other than  bad  conduct
    26  or dishonorable from such service.
    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] one of the [executive]
    36  veterans'  services  law,  and  has  received a discharge other than bad
    37  conduct or dishonorable from such  service,  or  is  a  discharged  LGBT
    38  veteran,  as defined in section [three hundred fifty] one of the [execu-
    39  tive] veterans' services law, and has received a  discharge  other  than
    40  bad conduct or dishonorable from such service.
    41    §  47.  Subdivision 1 of section 3202 of the education law, as amended
    42  by chapter 490 of the laws of 2019, is amended to read as follows:
    43    1. A person over five and under twenty-one years of age  who  has  not
    44  received  a high school diploma is entitled to attend the public schools
    45  maintained in the district in which  such  person  resides  without  the
    46  payment  of  tuition.  Provided further that such person may continue to
    47  attend the public school in such district in the same manner, if  tempo-
    48  rarily  residing  outside the boundaries of the district when relocation
    49  to such temporary residence is a consequence of such person's parent  or
    50  person  in  parental  relationship being called to active military duty,
    51  other than training. Notwithstanding any other provision of law  to  the
    52  contrary, the school district shall not be required to provide transpor-
    53  tation  between  a  temporary  residence  located  outside of the school
    54  district and the school the child attends. A  veteran  of  any  age  who
    55  shall  have  served as a member of the armed forces of the United States
    56  and who (a) shall have been discharged therefrom under conditions  other

        A. 8294--A                         61
 
     1  than  dishonorable,  or  (b)  has  a qualifying condition, as defined in
     2  section [three hundred fifty] one of the [executive] veterans'  services
     3  law, and has received a discharge other than bad conduct or dishonorable
     4  from  such  service,  or (c) is a discharged LGBT veteran, as defined in
     5  section [three hundred fifty] one of the [executive] veterans'  services
     6  law, and has received a discharge other than bad conduct or dishonorable
     7  from  such  service,  may  attend any of the public schools of the state
     8  upon conditions prescribed by the board of education, and such  veterans
     9  shall be included in the pupil count for state aid purposes. A nonveter-
    10  an  under twenty-one years of age who has received a high school diploma
    11  shall be permitted to attend classes in the schools of the  district  in
    12  which  such  person  resides  or  in  a school of a board of cooperative
    13  educational services upon payment of tuition under such terms and condi-
    14  tions as shall be established in regulations promulgated by the  commis-
    15  sioner;  provided, however, that a school district may waive the payment
    16  of tuition for such nonveteran, but in any case such  a  nonveteran  who
    17  has  received  a  high school diploma shall not be counted for any state
    18  aid purposes. Nothing herein contained shall, however, require  a  board
    19  of  education  to  admit a child who becomes five years of age after the
    20  school year has commenced unless his or her birthday occurs on or before
    21  the first of December.
    22    § 48. Clause (h) of subparagraph 3 of paragraph b of subdivision 1  of
    23  section 4402 of the education law, as amended by chapter 652 of the laws
    24  of 2007, is amended to read as follows:
    25    (h) Provide the form developed pursuant to subdivision [fifteen] twen-
    26  ty-two  of  section  [three hundred fifty-three] four of the [executive]
    27  veterans' services law to the parent or person in parental relation of a
    28  child designated by the committee  as  either  disabled  or  emotionally
    29  disturbed.
    30    §  49. Subdivision 15 of section 1-104 of the election law, as amended
    31  by chapter 490 of the laws of 2019, is amended to read as follows:
    32    15. The term "veterans'  hospital"  means  any  sanitarium,  hospital,
    33  soldiers'  and  sailors'  home,  United  States Veterans' Administration
    34  Hospital, or other home or institution,  which  is  used,  operated  and
    35  conducted exclusively for the care, maintenance and treatment of persons
    36  serving  in  the  military or naval service or coast guard of the United
    37  States or the state of New York,  or  persons  who  (a)  were  honorably
    38  discharged  from  such  service,  or (b) have a qualifying condition, as
    39  defined in section [three hundred fifty] one of the  [executive]  veter-
    40  ans'  services law, and have received a discharge other than bad conduct
    41  or dishonorable from such service, or (c) are a discharged LGBT veteran,
    42  as defined in section [three  hundred  fifty]  one  of  the  [executive]
    43  veterans'  services  law,  and  have received a discharge other than bad
    44  conduct or dishonorable from such service.
    45    § 50. Subdivision 4 of section 5-210 of the election law,  as  amended
    46  by chapter 490 of the laws of 2019, is amended to read as follows:
    47    4.  Any  qualified  person  who has been honorably discharged from the
    48  military after the twenty-fifth day before a general  election,  or  who
    49  has  a qualifying condition, as defined in section [three hundred fifty]
    50  one of the [executive]  veterans'  services  law,  and  has  received  a
    51  discharge other than bad conduct or dishonorable from the military after
    52  the  twenty-fifth  day before a general election, or who is a discharged
    53  LGBT veteran, as defined in section [three hundred  fifty]  one  of  the
    54  [executive]  veterans'  services law, and has received a discharge other
    55  than bad conduct or dishonorable from the  military  after  the  twenty-
    56  fifth  day  before  a  general election, or who has become a naturalized

        A. 8294--A                         62
 
     1  citizen after  the  twenty-fifth  day  before  a  general  election  may
     2  personally  register  at  the board of elections in the county of his or
     3  her residence and vote in the general election held at  least  ten  days
     4  after such registration.
     5    § 51. Subdivision 16 of section 11-0305 of the environmental conserva-
     6  tion  law,  as amended by chapter 103 of the laws of 2012, is amended to
     7  read as follows:
     8    16. Notwithstanding any inconsistent provision of  law,  to  authorize
     9  free  sport  fishing clinics. A free sport fishing clinic shall include,
    10  but not be limited to, instruction provided by employees of the  depart-
    11  ment or its designee in recreational angling, including its benefits and
    12  values,  and may also include instruction and other information relevant
    13  to an understanding of fisheries management, ethics and aquatic  ecology
    14  and  habitat.  No license or recreational marine fishing registration is
    15  required to take fish by angling while participating in a fishing clinic
    16  conducted by the department or its designee that has been designated  by
    17  the  commissioner  as a free sport fishing clinic. Such clinics shall be
    18  implemented consistent with department standards and in a manner  deter-
    19  mined  by  the  department  to best provide public notice thereof and to
    20  maximize public participation therein, so as to promote the recreational
    21  opportunities afforded by sport fishing. Further, the  commissioner  may
    22  designate  additional  fishing  events  organized through the department
    23  that provide physical  or  emotional  rehabilitation  for  veterans,  as
    24  defined in subdivision three of section [three hundred fifty] one of the
    25  [executive]  veterans' services law, or active duty members of the armed
    26  forces of the United States, as defined in 10 U.S.C. section  101(d)(1).
    27  No license or recreational marine fishing registration shall be required
    28  for  such  veterans or active duty members to take fish by angling while
    29  participating in these events.
    30    § 52. Subdivision 4 of section 11-0715 of the environmental  conserva-
    31  tion  law,  as amended by chapter 490 of the laws of 2019, is amended to
    32  read as follows:
    33    4. A person, resident in the state for at least thirty days immediate-
    34  ly prior to  the  date  of  application,  who  (a)  has  been  honorably
    35  discharged from service in the armed forces of the United States, or (b)
    36  has  a qualifying condition, as defined in section [three hundred fifty]
    37  one of the [executive]  veterans'  services  law,  and  has  received  a
    38  discharge  other  than bad conduct or dishonorable from such service, or
    39  (c) is a discharged LGBT veteran, as defined in section  [three  hundred
    40  fifty] one of the [executive] veterans' services law, and has received a
    41  discharge  other than bad conduct or dishonorable from such service, and
    42  is certified as having a  forty  percent  or  greater  service-connected
    43  disability  is  entitled  to receive all licenses, privileges, tags, and
    44  permits authorized by this title for which he or she is eligible, except
    45  turkey permits, renewable each year for a five dollar fee.
    46    § 53. Subparagraph (iv) of paragraph c of  subdivision  1  of  section
    47  13-0328 of the environmental conservation law, as amended by chapter 490
    48  of the laws of 2019, is amended to read as follows:
    49    (iv)  licenses  shall  be  issued only to persons who demonstrate in a
    50  manner acceptable to the department that they received an average of  at
    51  least  fifteen  thousand  dollars of income over three consecutive years
    52  from commercial fishing or  fishing,  or  who  successfully  complete  a
    53  commercial  food  fish  apprenticeship  pursuant to subdivision seven of
    54  this section. As used in this subparagraph, "commercial  fishing"  means
    55  the taking and sale of marine resources including fish, shellfish, crus-
    56  tacea  or  other marine biota and "fishing" means commercial fishing and

        A. 8294--A                         63
 
     1  carrying fishing passengers for hire. Individuals who  wish  to  qualify
     2  based  on  income  from  "fishing"  must hold a valid marine and coastal
     3  district party and charter boat license. No more than ten percent of the
     4  licenses  issued  each year based on income eligibility pursuant to this
     5  paragraph shall be issued to applicants who qualify  based  solely  upon
     6  income  derived  from  operation  of or employment by a party or charter
     7  boat. For the income evaluation of this subdivision, the department  may
     8  consider  persons  who would otherwise be eligible but for having served
     9  in the United States armed forces on active  duty,  provided  that  such
    10  individual  (1)  has  received an honorable or general discharge, or (2)
    11  has a qualifying condition, as defined in section [three hundred  fifty]
    12  one  of  the  [executive]  veterans'  services  law,  and has received a
    13  discharge other than bad conduct or dishonorable from such  service,  or
    14  (3)  is  a discharged LGBT veteran, as defined in section [three hundred
    15  fifty] one of the [executive] veterans' services law, and has received a
    16  discharge other than bad conduct  or  dishonorable  from  such  service,
    17  shall not be deemed ineligible.
    18    § 54. Subdivision 1 of section 130 of the executive law, as amended by
    19  section  2  of  part  V of chapter 58 of the laws of 2020, is amended to
    20  read as follows:
    21    1. The secretary of state may appoint and commission as many  notaries
    22  public for the state of New York as in his or her judgment may be deemed
    23  best,  whose  jurisdiction  shall be co-extensive with the boundaries of
    24  the state. The appointment of a notary public shall be  for  a  term  of
    25  four  years. An application for an appointment as notary public shall be
    26  in form and set forth such matters  as  the  secretary  of  state  shall
    27  prescribe.  Every person appointed as notary public must, at the time of
    28  his or her appointment, be a resident of the state of New York  or  have
    29  an office or place of business in New York state. A notary public who is
    30  a  resident  of the state and who moves out of the state but still main-
    31  tains a place of business or an office in New York state does not vacate
    32  his or her office as a notary public. A notary public who is a  nonresi-
    33  dent  and  who  ceases  to  have  an office or place of business in this
    34  state, vacates his or her office as a notary public. A notary public who
    35  is a resident of New York state and moves out of the state and who  does
    36  not retain an office or place of business in this state shall vacate his
    37  or  her office as a notary public. A non-resident who accepts the office
    38  of notary public in this state thereby appoints the secretary  of  state
    39  as  the  person  upon  whom  process can be served on his or her behalf.
    40  Before issuing to any applicant a commission as notary public, unless he
    41  or she be an attorney and counsellor at law duly admitted to practice in
    42  this state or a court clerk of the unified court  system  who  has  been
    43  appointed  to  such  position  after  taking a civil service promotional
    44  examination in the court clerk series of titles, the secretary of  state
    45  shall  satisfy  himself  or  herself that the applicant is of good moral
    46  character, has the equivalent of a common school education and is famil-
    47  iar with the duties and responsibilities of a notary  public;  provided,
    48  however,  that  where  a notary public applies, before the expiration of
    49  his or her term, for reappointment with the  county  clerk  or  where  a
    50  person whose term as notary public shall have expired applies within six
    51  months  thereafter  for reappointment as a notary public with the county
    52  clerk, such qualifying requirements may be waived by  the  secretary  of
    53  state, and further, where an application for reappointment is filed with
    54  the  county  clerk  after  the  expiration of the aforementioned renewal
    55  period by a person who failed or was unable to re-apply by reason of his
    56  or her induction or enlistment in the armed forces of the United States,

        A. 8294--A                         64

     1  such qualifying requirements may also be  waived  by  the  secretary  of
     2  state,  provided  such  application  for  reappointment is made within a
     3  period of one year after the military discharge of the  applicant  under
     4  conditions other than dishonorable, or if the applicant has a qualifying
     5  condition,  as  defined in section [three hundred fifty of this chapter]
     6  one of the veterans' services law, within a period of one year after the
     7  applicant has received a discharge other than bad conduct  or  dishonor-
     8  able  from such service, or if the applicant is a discharged LGBT veter-
     9  an, as defined in section [three hundred fifty of this chapter]  one  of
    10  the veterans' services law, within a period of one year after the appli-
    11  cant  has  received  a  discharge other than bad conduct or dishonorable
    12  from such service. In any case, the appointment or reappointment of  any
    13  applicant  is in the discretion of the secretary of state. The secretary
    14  of state may suspend or remove from office, for misconduct,  any  notary
    15  public  appointed by him or her but no such removal shall be made unless
    16  the person who is sought to be removed shall have  been  served  with  a
    17  copy  of the charges against him or her and have an opportunity of being
    18  heard.  No person shall be appointed as a notary public under this arti-
    19  cle who has been convicted, in this state or any other state or territo-
    20  ry, of a crime, unless the secretary makes a finding in conformance with
    21  all applicable statutory  requirements,  including  those  contained  in
    22  article  twenty-three-A  of the correction law, that such convictions do
    23  not constitute a bar to appointment.
    24    § 55. Subdivision 1 of section 32 of  the  general  business  law,  as
    25  amended  by  chapter  490  of  the  laws  of 2019, is amended to read as
    26  follows:
    27    1. Every member of the armed forces of the United States who  (a)  was
    28  honorably  discharged  from such service, or (b) has a qualifying condi-
    29  tion, as defined in section [three hundred fifty] one of the [executive]
    30  veterans' services law, and has received  a  discharge  other  than  bad
    31  conduct  or  dishonorable from such service, or (c) is a discharged LGBT
    32  veteran, as defined in section [three hundred fifty] one of the  [execu-
    33  tive]  veterans'  services  law, and has received a discharge other than
    34  bad conduct or dishonorable from such service, and who is a resident  of
    35  this  state  and  a  veteran of any war, or who shall have served in the
    36  armed forces of the United States overseas, and the surviving spouse  of
    37  any  such  veteran,  if a resident of the state, shall have the right to
    38  hawk, peddle, vend and sell goods, wares or merchandise or solicit trade
    39  upon the streets and highways within the county of his or her residence,
    40  as the case may be, or if such county is  embraced  wholly  by  a  city,
    41  within  such  city, by procuring a license for that purpose to be issued
    42  as herein provided. No part of the lands or premises under the jurisdic-
    43  tion of the division of the state fair in the department of  agriculture
    44  and  markets,  shall be deemed a street or highway within the meaning of
    45  this section.
    46    § 56. Section 35 of the general business law, as  amended  by  chapter
    47  490 of the laws of 2019, is amended to read as follows:
    48    §  35. Municipal regulations. This article shall not affect the appli-
    49  cation of any ordinance, by-law or regulation of a municipal corporation
    50  relating to hawkers and peddlers within the limits of such corporations,
    51  but the provisions of this article are to be complied with  in  addition
    52  to  the  requirements  of  any  such  ordinance,  by-law  or regulation;
    53  provided, however, that no such by-law, ordinance  or  regulation  shall
    54  prevent or in any manner interfere with the hawking or peddling, without
    55  the  use of any but a hand driven vehicle, in any street, avenue, alley,
    56  lane or park of a municipal corporation,  by  any  honorably  discharged

        A. 8294--A                         65
 
     1  member  of  the  armed forces of the United States who (1) was honorably
     2  discharged from such service, or (2)  has  a  qualifying  condition,  as
     3  defined  in  section [three hundred fifty] one of the [executive] veter-
     4  ans'  services  law, and has received a discharge other than bad conduct
     5  or dishonorable from such service, or (3) is a discharged LGBT  veteran,
     6  as  defined  in  section  [three  hundred  fifty] one of the [executive]
     7  veterans' services law, and has received  a  discharge  other  than  bad
     8  conduct  or  dishonorable from such service, and who is physically disa-
     9  bled as a result of injuries received while in the service of said armed
    10  forces and the holder of a license granted pursuant to  section  thirty-
    11  two of this article.
    12    §  57.  Paragraph  (a) of subdivision 1 of section 35-a of the general
    13  business law, as amended by chapter 490 of the laws of 2019, is  amended
    14  to read as follows:
    15    (a) In cities having a population of one million or more, the official
    16  designated by a local law or ordinance to issue a local license to hawk,
    17  peddle,  vend and sell goods, wares or merchandise or solicit trade upon
    18  the streets and highways within such city shall issue specialized  vend-
    19  ing licenses to members of the armed forces of the United States who (i)
    20  were  honorably  discharged from such service, or (ii) have a qualifying
    21  condition, as defined in section [three hundred fifty] one of the [exec-
    22  utive] veterans' services law, and received a discharge other  than  bad
    23  conduct  or  dishonorable  from  such service, or (iii) are a discharged
    24  LGBT veteran, as defined in section [three hundred  fifty]  one  of  the
    25  [executive]  veterans' services law, and received a discharge other than
    26  bad conduct or dishonorable from such service, and  who  are  physically
    27  disabled  as  a result of injuries received while in the service of said
    28  armed forces and who are eligible to hold licenses granted  pursuant  to
    29  section  thirty-two  of this article.  Such specialized vending licenses
    30  shall authorize holders thereof to hawk or peddle within  such  city  in
    31  accordance  with  the  provisions contained in this section. Specialized
    32  vending licenses issued under this  section  shall  permit  the  holders
    33  thereof to vend on any block face, and no licensee authorized under this
    34  section  shall be restricted in any way from vending in any area, except
    35  as provided in this section.
    36    § 58. Paragraph (b) of subdivision 3 of section 69-p  of  the  general
    37  business  law, as amended by chapter 490 of the laws of 2019, is amended
    38  to read as follows:
    39    (b) In the case of persons who are or were in the military service and
    40  (i) have  been  or  will  be  discharged  under  conditions  other  than
    41  dishonorable, or (ii) have a qualifying condition, as defined in section
    42  [three hundred fifty] one of the [executive] veterans' services law, and
    43  received  a  discharge  other than bad conduct or dishonorable from such
    44  service, or (iii) are discharged LGBT veterans, as  defined  in  section
    45  [three hundred fifty] one of the [executive] veterans' services law, and
    46  have  received  a  discharge other than bad conduct or dishonorable from
    47  such service, the period of two years specified in  subdivision  one  of
    48  this  section need not be continuous. The length of time such person was
    49  engaged in the business of installing, servicing or maintaining security
    50  or fire alarm systems before entering the military service may be  added
    51  to  any period of time during which such person was or is engaged in the
    52  business of installing, servicing or maintaining security or fire  alarm
    53  systems after the termination of military service.
    54    §  59.  The  closing  paragraph of section 435 of the general business
    55  law, as amended by chapter 490 of the laws of 2019, is amended  to  read
    56  as follows:

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     1    In the case of persons who are or were in the military service and (a)
     2  have  been  or  will be discharged under conditions other than dishonor-
     3  able, or (b) have a qualifying condition, as defined in  section  [three
     4  hundred  fifty]  one  of  the  [executive]  veterans'  services law, and
     5  received  a  discharge  other than bad conduct or dishonorable from such
     6  service, or (c) are discharged LGBT  veterans,  as  defined  in  section
     7  [three hundred fifty] one of the [executive] veterans' services law, and
     8  have  received  a  discharge other than bad conduct or dishonorable from
     9  such service, the period of one year specified  in  subdivision  one  of
    10  this  section  and the period of six months specified in subdivision two
    11  of this section need not be continuous. The length of time  such  person
    12  was  engaged  in  the practice of barbering before entering the military
    13  service may be added to any period of time during which such person  was
    14  or  is  engaged  in  the  practice of barbering after the termination of
    15  military service.
    16    § 60. Section 13-a of the general  construction  law,  as  amended  by
    17  chapter 490 of the laws of 2019, is amended to read as follows:
    18    § 13-a. Armed forces of the United States. "Armed forces of the United
    19  States"  means  the army, navy, marine corps, air force and coast guard,
    20  including all components thereof, and the national  guard  when  in  the
    21  service  of  the  United  States  pursuant  to  call as provided by law.
    22  Pursuant to this definition no person shall be considered  a  member  or
    23  veteran  of  the  armed  forces  of  the United States unless his or her
    24  service therein is or was on a full-time active duty basis,  other  than
    25  active  duty  for training or he or she was employed by the War Shipping
    26  Administration or Office of Defense Transportation or their agents as  a
    27  merchant  seaman  documented by the United States Coast Guard or Depart-
    28  ment of Commerce, or as a civil servant employed by  the  United  States
    29  Army  Transport  Service  (later  redesignated as the United States Army
    30  Transportation  Corps,  Water  Division)  or  the  Naval  Transportation
    31  Service; and who served satisfactorily as a crew member during the peri-
    32  od  of  armed conflict, December seventh, nineteen hundred forty-one, to
    33  August fifteenth, nineteen hundred forty-five, aboard  merchant  vessels
    34  in oceangoing, i.e., foreign, intercoastal, or coastwise service as such
    35  terms  are defined under federal law (46 USCA 10301 & 10501) and further
    36  to include "near foreign" voyages between the United States and  Canada,
    37  Mexico, or the West Indies via ocean routes, or public vessels in ocean-
    38  going  service  or  foreign waters and who has received a Certificate of
    39  Release or Discharge from Active Duty and a discharge certificate, or an
    40  Honorable Service Certificate/Report of Casualty, from the Department of
    41  Defense or he or she served as a United States civilian employed by  the
    42  American  Field  Service  and served overseas under United States Armies
    43  and United States Army Groups in world war II during the period of armed
    44  conflict, December  seventh,  nineteen  hundred  forty-one  through  May
    45  eighth,  nineteen hundred forty-five, and (i) was discharged or released
    46  therefrom under honorable conditions, or (ii) has  a  qualifying  condi-
    47  tion, as defined in section [three hundred fifty] one of the [executive]
    48  veterans'  services  law,  and  has  received a discharge other than bad
    49  conduct or dishonorable from such service, or (iii) is a discharged LGBT
    50  veteran, as defined in section [three hundred fifty] one of the  [execu-
    51  tive]  veterans'  services  law, and has received a discharge other than
    52  bad conduct or dishonorable from such service, or he or she served as  a
    53  United  States civilian Flight Crew and Aviation Ground Support Employee
    54  of Pan American World Airways or one of its subsidiaries or  its  affil-
    55  iates  and  served  overseas as a result of Pan American's contract with
    56  Air Transport Command or Naval Air Transport Service during  the  period

        A. 8294--A                         67
 
     1  of  armed  conflict,  December  fourteenth,  nineteen  hundred forty-one
     2  through August fourteenth, nineteen hundred  forty-five,  and  (iv)  was
     3  discharged  or released therefrom under honorable conditions, or (v) has
     4  a  qualifying condition, as defined in section [three hundred fifty] one
     5  of the [executive] veterans' services law, and has received a  discharge
     6  other  than  bad conduct or dishonorable from such service, or (vi) is a
     7  discharged LGBT veteran, as defined in section [three hundred fifty] one
     8  of the [executive] veterans' services law, and has received a  discharge
     9  other than bad conduct or dishonorable from such service.
    10    §  61.  Subdivision  1  of section 77 of the general municipal law, as
    11  amended by chapter 490 of the laws  of  2019,  is  amended  to  read  as
    12  follows:
    13    1. A municipal corporation may lease, for not exceeding five years, to
    14  a  post  or posts of the Grand Army of the Republic, Veterans of Foreign
    15  Wars of the United States, American Legion, Catholic War Veterans, Inc.,
    16  Disabled American Veterans, the Army  and  Navy  Union,  U.S.A.,  Marine
    17  Corps  League,  AMVETS,  American  Veterans  of World War II, Jewish War
    18  Veterans of the United States, Inc., Italian American  War  Veterans  of
    19  the  United  States,  Incorporated, Masonic War Veterans of the State of
    20  New York, Inc., Veterans of World War I of the United States of  America
    21  Department  of New York, Inc., Polish-American Veterans of World War II,
    22  Amsterdam, N.Y., Inc., Polish-American Veterans of World War  II,  Sche-
    23  nectady,  N.Y.,  Inc., Polish Legion of American Veterans, Inc., Vietnam
    24  Veterans of America or other veteran  organization  of  members  of  the
    25  armed forces of the United States who (a) were honorably discharged from
    26  such  service  or (b) have a qualifying condition, as defined in section
    27  [three hundred fifty] one of the [executive] veterans' services law, and
    28  received a discharge other than bad conduct or  dishonorable  from  such
    29  service,  or  (c)  are  discharged  LGBT veterans, as defined in section
    30  [three hundred fifty] one of the [executive] veterans' services law, and
    31  received a discharge other than bad conduct or  dishonorable  from  such
    32  service,  or to an incorporated organization or an association of either
    33  active or exempt volunteer firefighters, a public building or part ther-
    34  eof, belonging to such municipal  corporation,  except  schoolhouses  in
    35  actual  use as such, without expense, or at a nominal rent, fixed by the
    36  board or council having charge of such buildings and  provide  furniture
    37  and  furnishings,  and heat, light and janitor service therefor, in like
    38  manner.
    39    § 62. Paragraph (a) of subdivision 1 of section  148  of  the  general
    40  municipal law, as amended by chapter 490 of the laws of 2019, is amended
    41  to read as follows:
    42    (a)  The board of supervisors in each of the counties, or the board of
    43  estimate in the city of New York, shall designate  some  proper  person,
    44  association  or  commission,  other than that designated for the care of
    45  burial of public charges or criminals, who shall cause  to  be  interred
    46  the  body of any member of the armed forces of the United States who (i)
    47  was honorably discharged from such service  or  (ii)  had  a  qualifying
    48  condition, as defined in section [three hundred fifty] one of the [exec-
    49  utive]  veterans'  services law, and received a discharge other than bad
    50  conduct or dishonorable from such service, or  (iii)  was  a  discharged
    51  LGBT  veteran,  as  defined  in section [three hundred fifty] one of the
    52  [executive] veterans' services law, and received a discharge other  than
    53  bad  conduct or dishonorable from such service, or the body of any minor
    54  child or either parent, or the spouse or unremarried surviving spouse of
    55  any such member of the armed forces of the United States, if such person

        A. 8294--A                         68
 
     1  shall hereafter die in a county or in the city of New York without leav-
     2  ing sufficient means to defray his or her funeral expenses.
     3    §  63.  Section 117-c of the highway law, as amended by chapter 490 of
     4  the laws of 2019, is amended to read as follows:
     5    § 117-c. Hawking, peddling, vending, sale of goods, wares or  merchan-
     6  dise; Erie county; certain areas. Notwithstanding any law to the contra-
     7  ry,  except  section thirty-five of the general business law, the county
     8  of Erie shall have the power to enact a local law  prohibiting  hawking,
     9  peddling,  vending  and sale of goods, wares or merchandise or solicita-
    10  tion of trade in the right-of-way of county roads  adjacent  to  arenas,
    11  stadiums,  auditoriums  or like facilities, which contain fifty thousand
    12  or more seats, which are used for events likely to attract large numbers
    13  of spectators, including but not limited to home  games  of  a  National
    14  Football  League  franchise.  Provided, however, that the power to enact
    15  such local law shall be subject to the  requirement  that  provision  be
    16  made,  by  lease  agreement,  regulation  or otherwise, for the hawking,
    17  peddling, vending and sales of goods, wares or merchandise or  solicita-
    18  tion  of trade in designated vending areas on the ground of county-owned
    19  lands leased for use as an arena, stadium or auditorium or like facility
    20  which contain fifty thousand or more seats; and  further  provided  that
    21  members  of the armed forces of the United States who (a) were honorably
    22  discharged from such service, or (b) have  a  qualifying  condition,  as
    23  defined  in  section [three hundred fifty] one of the [executive] veter-
    24  ans' services law, and received a discharge other than  bad  conduct  or
    25  dishonorable  from such service, or (c) are discharged LGBT veterans, as
    26  defined in section [three hundred fifty] one of the  [executive]  veter-
    27  ans'  services  law,  and received a discharge other than bad conduct or
    28  dishonorable from such service, and who are entitled to hawk, vend, sell
    29  or peddle merchandise in the public right-of-way  pursuant  to  sections
    30  thirty-two  and  thirty-five of the general business law, shall be given
    31  first preference in any assignment or vending locations or in the  allo-
    32  cation of such locations.
    33    §  64. Paragraph 11 of subsection (j) of section 2103 of the insurance
    34  law, as amended by chapter 490 of the laws of 2019, is amended  to  read
    35  as follows:
    36    (11)  No  license  fee shall be required of any person who served as a
    37  member of the armed forces of the United States at any time and who  (A)
    38  shall  have  been  discharged  therefrom,  under  conditions  other than
    39  dishonorable, or (B) has a qualifying condition, as defined  in  section
    40  [three hundred fifty] one of the [executive] veterans' services law, and
    41  has  received  a  discharge  other than bad conduct or dishonorable from
    42  such service, or (C) is a discharged LGBT veteran, as defined in section
    43  [three hundred fifty] one of the [executive] veterans' services law, and
    44  has received a discharge other than bad  conduct  or  dishonorable  from
    45  such  service,  in  a current licensing period, for the duration of such
    46  period.
    47    § 65. Subparagraph (F) of paragraph 3 of subsection (e) and  paragraph
    48  2  of subsection (f) of section 2104 of the insurance law, as amended by
    49  chapter 490 of the laws of 2019, are amended to read as follows:
    50    (F) served as a member of the armed forces of the United States at any
    51  time, and shall (i) have been discharged  under  conditions  other  than
    52  dishonorable,  or (ii) has a qualifying condition, as defined in section
    53  [three hundred fifty] one of the [executive] veterans' services law, and
    54  has received a discharge other than bad  conduct  or  dishonorable  from
    55  such  service,  or  (iii)  is  a  discharged LGBT veteran, as defined in
    56  section [three hundred fifty] one of the [executive] veterans'  services

        A. 8294--A                         69
 
     1  law, and has received a discharge other than bad conduct or dishonorable
     2  from  such service, and who within three years prior to his or her entry
     3  into the armed forces held a license as  insurance  broker  for  similar
     4  lines,  provided his or her application for such license is filed before
     5  one year from the date of final discharge; or
     6    (2) No license fee shall be required of any person  who  served  as  a
     7  member of the armed forces of the United States at any time, and who (A)
     8  shall have been discharged, under conditions other than dishonorable, or
     9  (B)  has  a  qualifying  condition, as defined in section [three hundred
    10  fifty] one of the [executive] veterans' services law, and has received a
    11  discharge other than bad conduct or dishonorable from such  service,  or
    12  (C)  is  a discharged LGBT veteran, as defined in section [three hundred
    13  fifty] one of the [executive] veterans' services law, and has received a
    14  discharge other than bad conduct or dishonorable from such service, in a
    15  current licensing period, for the duration of such period.
    16    § 66. Paragraph 2 of subsection (i) of section 2108 of  the  insurance
    17  law,  as  amended by chapter 490 of the laws of 2019, is amended to read
    18  as follows:
    19    (2) No license fee shall be required of any person  who  served  as  a
    20  member  of the armed forces of the United States at any time and who (A)
    21  shall have been discharged, under conditions other than dishonorable, or
    22  (B) has a qualifying condition, as defined  in  section  [three  hundred
    23  fifty] one of the [executive] veterans' services law, and has received a
    24  discharge  other  than bad conduct or dishonorable from such service, or
    25  (C) is a discharged LGBT veteran, as defined in section  [three  hundred
    26  fifty] one of the [executive] veterans' services law, and has received a
    27  discharge other than bad conduct or dishonorable from such service, in a
    28  current licensing period, for the duration of such period.
    29    §  67. Paragraph 10 of subsection (h) of section 2137 of the insurance
    30  law, as amended by chapter 490 of the laws of 2019, is amended  to  read
    31  as follows:
    32    (10)  No  license  fee shall be required of any person who served as a
    33  member of the armed forces of the United States at any time and who  (A)
    34  shall  have  been  discharged  therefrom,  under  conditions  other than
    35  dishonorable, or (B) has a qualifying condition, as defined  in  section
    36  [three hundred fifty] one of the [executive] veterans' services law, and
    37  has  received  a  discharge  other than bad conduct or dishonorable from
    38  such service, or (C) is a discharged LGBT veteran, as defined in section
    39  [three hundred fifty] one of the [executive] veterans' services law, and
    40  has received a discharge other than bad  conduct  or  dishonorable  from
    41  such  service,  in  a current licensing period, for the duration of such
    42  period.
    43    § 68. Paragraph 11 of subsection (i) of section 2139 of the  insurance
    44  law,  as  amended by chapter 490 of the laws of 2019, is amended to read
    45  as follows:
    46    (11) No license fee shall be required of any person who  served  as  a
    47  member of the armed forces of the United States at any time, and who (A)
    48  shall  have  been  discharged  therefrom  under  conditions  other  than
    49  dishonorable, or (B) has a qualifying condition, as defined  in  section
    50  [three hundred fifty] one of the [executive] veterans' services law, and
    51  has  received  a  discharge  other than bad conduct or dishonorable from
    52  such service, or (C) is a discharged LGBT veteran, as defined in section
    53  [three hundred fifty] one of the [executive] veterans' services law, and
    54  has received a discharge other than bad  conduct  or  dishonorable  from
    55  such  service,  in  a  current licensing period for the duration of such
    56  period.

        A. 8294--A                         70
 
     1    § 69.  Section 466 of the judiciary law, as amended by chapter 490  of
     2  the laws of 2019, is amended to read as follows:
     3    §  466.  Attorney's  oath  of  office.  1.  Each  person,  admitted as
     4  prescribed in this chapter must, upon his or  her  admission,  take  the
     5  constitutional oath of office in open court, and subscribe the same in a
     6  roll  or  book,  to  be kept in the office of the clerk of the appellate
     7  division of the supreme court for that purpose.
     8    2. Any person now in actual service in the armed forces of the  United
     9  States  or  whose induction or enlistment therein is imminent, or within
    10  sixty days after such person (1) has been honorably discharged,  or  (2)
    11  has  received  a  discharge  other than bad conduct or dishonorable from
    12  such service, if such person has a qualifying condition, as  defined  in
    13  section  [three hundred fifty] one of the [executive] veterans' services
    14  law, or (3) has received a discharge other than bad conduct or dishonor-
    15  able from such service, if such person is a discharged LGBT veteran,  as
    16  defined  in  section [three hundred fifty] one of the [executive] veter-
    17  ans' services law, if the appellate division of the supreme court in the
    18  department in which such person resides is not in session, may subscribe
    19  and take the oath before a justice of that court, with  the  same  force
    20  and  effect  as if it were taken in open court, except that in the first
    21  department the oath must be taken before the presiding  justice  or,  in
    22  his or her absence, before the senior justice.
    23    §  70.  Subdivision 3 of section 20 of the military law, as amended by
    24  chapter 490 of the laws of 2019, is amended to read as follows:
    25    3. Any person who has served as a commissioned or warrant  officer  in
    26  the  organized  militia  or in the armed forces of the United States and
    27  (a) has been honorably discharged therefrom, or  (b)  has  a  qualifying
    28  condition, as defined in section [three hundred fifty] one of the [exec-
    29  utive]  veterans'  services law, and has received a discharge other than
    30  bad conduct or dishonorable from such service, or (c)  is  a  discharged
    31  LGBT  veteran,  as  defined  in section [three hundred fifty] one of the
    32  [executive] veterans' services law, and has received a  discharge  other
    33  than  bad conduct or dishonorable from such service, may be commissioned
    34  and placed on the state reserve list in  the  highest  grade  previously
    35  held  by  him  or  her  after  complying  with such conditions as may be
    36  prescribed by regulations issued pursuant to this chapter.
    37    § 71. Paragraphs (b) and (c) of subdivision 1 and subparagraphs 1  and
    38  2  of  paragraph  (a)  of subdivision 4-b of section 243 of the military
    39  law, as amended by chapter 490 of the laws of 2019, are amended to  read
    40  as follows:
    41    (b)  The term "military duty" shall mean military service in the mili-
    42  tary, naval, aviation or marine service of the United States  subsequent
    43  to  July  first,  nineteen hundred forty, or service under the selective
    44  training and service act of nineteen  hundred  forty,  or  the  national
    45  guard  and  reserve officers mobilization act of nineteen hundred forty,
    46  or any other act of congress supplementary or amendatory thereto, or any
    47  similar act of congress hereafter enacted and irrespective of  the  fact
    48  that  such  service  was  entered  upon following a voluntary enlistment
    49  therefor or was required under one of the foregoing acts of congress, or
    50  service with the United States public health service as  a  commissioned
    51  officer,  or  service  with  the American Red Cross while with the armed
    52  forces of the United States on foreign  service,  or  service  with  the
    53  special  services  section  of  the armed forces of the United States on
    54  foreign service, or service in the merchant marine which  shall  consist
    55  of  service as an officer or member of the crew on or in connection with
    56  a vessel documented under the laws of the  United  States  or  a  vessel

        A. 8294--A                         71
 
     1  owned  by, chartered to, or operated by or for the account or use of the
     2  government of the United States, or service by one who was  employed  by
     3  the  War  Shipping Administration or Office of Defense Transportation or
     4  their  agents as a merchant seaman documented by the United States Coast
     5  Guard or Department of Commerce, or as a civil servant employed  by  the
     6  United  States  Army Transport Service (later redesignated as the United
     7  States Army Transportation Corps, Water Division) or the Naval Transpor-
     8  tation Service; and who served satisfactorily as a  crew  member  during
     9  the  period of armed conflict, December seventh, nineteen hundred forty-
    10  one, to August fifteenth, nineteen hundred forty-five,  aboard  merchant
    11  vessels in oceangoing, i.e., foreign, intercoastal, or coastwise service
    12  as  such terms are defined under federal law (46 USCA 10301 & 10501) and
    13  further to include "near foreign" voyages between the United States  and
    14  Canada,  Mexico,  or the West Indies via ocean routes, or public vessels
    15  in oceangoing service or foreign waters and who has received  a  Certif-
    16  icate  of  Release or Discharge from Active Duty and a discharge certif-
    17  icate, or an Honorable Service Certificate/Report of Casualty, from  the
    18  Department  of  Defense,  or  who  served  as  a  United States civilian
    19  employed by the American Field Service and served overseas under  United
    20  States  Armies  and United States Army Groups in world war II during the
    21  period of armed conflict, December seventh, nineteen  hundred  forty-one
    22  through  May  eighth,  nineteen  hundred  forty-five,  and  who  (i) was
    23  discharged or released therefrom under honorable conditions, or (ii) has
    24  a qualifying condition, as defined in section [three hundred fifty]  one
    25  of  the [executive] veterans' services law, and has received a discharge
    26  other than bad conduct or dishonorable from such service, or (iii) is  a
    27  discharged LGBT veteran, as defined in section [three hundred fifty] one
    28  of  the [executive] veterans' services law, and has received a discharge
    29  other than bad conduct or dishonorable from such service, or who  served
    30  as  a  United  States  civilian  Flight Crew and Aviation Ground Support
    31  Employee of Pan American World Airways or one of its subsidiaries or its
    32  affiliates and served overseas as a result of  Pan  American's  contract
    33  with  Air  Transport  Command  or Naval Air Transport Service during the
    34  period of armed conflict, December fourteenth, nineteen  hundred  forty-
    35  one through August fourteenth, nineteen hundred forty-five, and who (iv)
    36  was  discharged or released therefrom under honorable conditions, or (v)
    37  has a qualifying condition, as defined in section [three hundred  fifty]
    38  one  of  the  [executive]  veterans'  services  law,  and has received a
    39  discharge other than bad conduct or dishonorable from such  service,  or
    40  (vi)  is a discharged LGBT veteran, as defined in section [three hundred
    41  fifty] one of the [executive] veterans' services law, and has received a
    42  discharge other than bad conduct or dishonorable from such  service;  or
    43  service  in  police  duty on behalf of the United States government in a
    44  foreign country, if such person is  a  police  officer,  as  defined  by
    45  section  1.20  of the criminal procedure law, and if such police officer
    46  obtained the prior consent of his  or  her  public  employer  to  absent
    47  himself or herself from his or her position to engage in the performance
    48  of such service; or as an enrollee in the United States maritime service
    49  on  active duty and, to such extent as may be prescribed by or under the
    50  laws of the United  States,  any  period  awaiting  assignment  to  such
    51  service  and any period of education or training for such service in any
    52  school or institution  under  the  jurisdiction  of  the  United  States
    53  government,  but shall not include temporary and intermittent gratuitous
    54  service in any reserve or auxiliary force. It shall include  time  spent
    55  in reporting for and returning from military duty and shall be deemed to
    56  commence  when the public employee leaves his or her position and to end

        A. 8294--A                         72

     1  when he or she is reinstated to his or her position, provided such rein-
     2  statement is within ninety days after the termination of military  duty,
     3  as hereinafter defined. Notwithstanding the foregoing provisions of this
     4  paragraph, the term "military duty" shall not include any of the forego-
     5  ing  services  entered upon voluntarily on or after January first, nine-
     6  teen hundred forty-seven and before June twenty-fifth, nineteen  hundred
     7  fifty;  and,  on or after July first, nineteen hundred seventy, the term
     8  "military duty" shall not include any voluntary  service  in  excess  of
     9  four  years  performed  after  that  date, or the total of any voluntary
    10  services, additional or otherwise, in excess  of  four  years  performed
    11  after  that  date, shall not exceed five years, if the service in excess
    12  of four years is at the request and for the convenience of  the  federal
    13  government, except if such voluntary service is performed during a peri-
    14  od of war, or national emergency declared by the president.
    15    (c)  The  term "termination of military duty" shall mean the date of a
    16  certificate of honorable discharge or a  certificate  of  completion  of
    17  training  and service as set forth in the selective training and service
    18  act of nineteen hundred forty, and the national guard and reserve  offi-
    19  cers  mobilization act of nineteen hundred forty or, or a certificate of
    20  release or discharge from active duty where an employee (i) has a quali-
    21  fying condition, as defined in section [three hundred fifty] one of  the
    22  [executive]  veterans'  services law, and has received a discharge other
    23  than bad conduct or  dishonorable  from  such  service,  or  (ii)  is  a
    24  discharged LGBT veteran, as defined in section [three hundred fifty] one
    25  of  the [executive] veterans' services law, and has received a discharge
    26  other than bad conduct or dishonorable from  such  service,  or  in  the
    27  event  of the incurrence of a temporary disability arising out of and in
    28  the course of such military duty, the date of termination of such  disa-
    29  bility.  The  existence and termination of such temporary disability, in
    30  the case of a public employee occupying a  position  in  the  classified
    31  civil  service or of a person on an eligible list for a position in such
    32  service, shall be determined by  the  civil  service  commission  having
    33  jurisdiction  over  such  position and, in the case of a public employee
    34  occupying a position not in  the  classified  civil  service,  shall  be
    35  determined by the officer or body having the power of appointment.
    36    (1)  "New  York  city  veteran of world war II". Any member of the New
    37  York city employees' retirement system in city-service who, after his or
    38  her last membership in such system began, served  as  a  member  of  the
    39  armed  forces of the United States during the period beginning on Decem-
    40  ber seventh, nineteen hundred forty-one and ending on  December  thirty-
    41  first,  nineteen  hundred forty-six, and (i) was honorably discharged or
    42  released under honorable circumstances from such service, or (ii) has  a
    43  qualifying condition, as defined in section [three hundred fifty] one of
    44  the  [executive]  veterans'  services  law, and has received a discharge
    45  other than bad conduct or dishonorable from such service, or (iii) is  a
    46  discharged LGBT veteran, as defined in section [three hundred fifty] one
    47  of  the [executive] veterans' services law, and has received a discharge
    48  other than bad conduct or dishonorable from such service.
    49    (2) "New York city veteran of the Korean conflict." Any member of  the
    50  New  York  city  employees' retirement system in city-service who, after
    51  his or her last membership in such system began, served as a  member  of
    52  the armed forces of the United States during the period beginning on the
    53  twenty-seventh  of  June, nineteen hundred fifty and ending on the thir-
    54  ty-first day of January, nineteen hundred fifty-five, and (i) was honor-
    55  ably discharged or released  under  honorable  circumstances  from  such
    56  service,  or  (ii)  has  a  qualifying  condition, as defined in section

        A. 8294--A                         73
 
     1  [three hundred fifty] one of the [executive] veterans' services law, and
     2  has received a discharge other than bad  conduct  or  dishonorable  from
     3  such  service,  or  (iii)  is  a  discharged LGBT veteran, as defined in
     4  section  [three hundred fifty] one of the [executive] veterans' services
     5  law, and has received a discharge other than bad conduct or dishonorable
     6  from such service.
     7    § 72. Section 245 of the military law, as amended by  chapter  490  of
     8  the laws of 2019, is amended to read as follows:
     9    § 245. Retirement  allowances  of certain war veterans.  1. Any member
    10  of a teachers' retirement system to  which  the  city  of  New  York  is
    11  required  by law to make contributions on account of such member who (i)
    12  is an honorably discharged member of any branch of the armed  forces  of
    13  the  United  States,  or  (ii) has a qualifying condition, as defined in
    14  section [three hundred fifty] one of the [executive] veterans'  services
    15  law,  and  has  received a discharge other than bad conduct or dishonor-
    16  able, or (iii) is a discharged  LGBT  veteran,  as  defined  in  section
    17  [three hundred fifty] one of the [executive] veterans' services law, and
    18  has  received a discharge other than bad conduct or dishonorable, having
    19  served as such during the time of war and who has attained  the  age  of
    20  fifty  years, may retire upon his or her own request upon written appli-
    21  cation to the board setting forth at what time not less than thirty days
    22  subsequent to the execution and filing thereof he or she desires  to  be
    23  retired,  provided  that such member at the time so specified for his or
    24  her retirement shall have completed at least twenty-five years of allow-
    25  able service. Upon retirement such member shall receive  an  annuity  of
    26  equivalent actuarial value to his or her accumulated deductions, and, in
    27  addition,  a  pension beginning immediately, having a value equal to the
    28  present value of the pension that would have become payable  had  he  or
    29  she continued at his or her current salary to the age at which he or she
    30  would  have  first  become  eligible  for  service retirement, provided,
    31  however, that the said member on making application for retirement shall
    32  pay into the retirement fund a sum of money which calculated on an actu-
    33  arial basis, together with his or  her  prior  contributions  and  other
    34  accumulations  in  said  fund then to his or her credit, shall be suffi-
    35  cient to entitle the said member to the same annuity and pension that he
    36  or she would have received had he or she remained in the service of  the
    37  city  until  he or she had attained the age at which he or she otherwise
    38  would have first become eligible for service retirement.
    39    2. Notwithstanding any other provision  of  this  section  or  of  any
    40  general,  special  or local law or code to the contrary, a member of any
    41  such teachers' retirement system who  (i)  is  separated  or  discharged
    42  under  honorable  conditions  from any branch of the armed forces of the
    43  United States, or (ii) has a qualifying condition, as defined in section
    44  [three hundred fifty] one of the [executive] veterans' services law, and
    45  has received a discharge other than  bad  conduct  or  dishonorable,  or
    46  (iii) is a discharged LGBT veteran, as defined in section [three hundred
    47  fifty] one of the [executive] veterans' services law, and has received a
    48  discharge  other than bad conduct or dishonorable, having served as such
    49  during the time of war and who has attained the age of fifty years,  may
    50  retire upon his or her own request upon written application to the board
    51  setting  forth at what time, not less than thirty days subsequent to the
    52  execution and filing thereof, he or she desires to be retired,  provided
    53  that  such  member  at  that time so specified for his or her retirement
    54  shall have completed at least twenty-five years  of  allowable  service.
    55  Upon  reaching  his  or  her previously selected minimum retirement age,
    56  such member shall receive an annuity of equivalent actuarial  value,  at

        A. 8294--A                         74
 
     1  that  time,  to  his  or her accumulated deductions, and, in addition, a
     2  pension based upon his or her credited years of allowable service,  plus
     3  the  pension-for-increased-take-home-pay, if any. Should such member die
     4  before  reaching his or her retirement age, then any beneficiary under a
     5  selected option shall be eligible for benefits under such option at  the
     6  date  upon  which  the  member  would  have  reached his or her selected
     7  retirement age.
     8    § 73. Subdivision 1-b of section 247 of the military law,  as  amended
     9  by chapter 490 of the laws of 2019, is amended to read as follows:
    10    1-b.  The adjutant general is hereby authorized to present in the name
    11  of the legislature of the state of New York, a certificate, to be  known
    12  as  the  "Cold  War Certificate", bearing a suitable inscription, to any
    13  person: (i) who is a citizen of the state of New York or (ii) who was  a
    14  citizen  of  the  state of New York while serving in the armed forces of
    15  the United States; (iii) who served in the United  States  Armed  Forces
    16  during  the  period  of  time  from  September  second, nineteen hundred
    17  forty-five through December twenty-sixth, nineteen  hundred  ninety-one,
    18  commonly  known  as  the  Cold  War  Era;  and  (iv)  who  was honorably
    19  discharged or released under honorable circumstances during the Cold War
    20  Era, or has a qualifying condition, as defined in section [three hundred
    21  fifty] one of the [executive] veterans' services  law,  and  received  a
    22  discharge  other  than  bad  conduct or dishonorable during the Cold War
    23  Era, or is a discharged LGBT  veteran,  as  defined  in  section  [three
    24  hundred  fifty]  one  of  the  [executive]  veterans'  services law, and
    25  received a discharge other than bad conduct or dishonorable  during  the
    26  Cold War Era. Not more than one Cold War Certificate shall be awarded or
    27  presented, under the provisions of this subdivision, to any person whose
    28  entire service subsequent to the time of the receipt of such medal shall
    29  not  have been honorable. In the event of the death of any person during
    30  or subsequent to the receipt of such certificate it shall  be  presented
    31  to  such  representative of the deceased as may be designated. The adju-
    32  tant general, in consultation with the [director]  commissioner  of  the
    33  [division]  department  of veterans' services, shall make such rules and
    34  regulations as may be deemed necessary for the proper  presentation  and
    35  distribution of the certificate.
    36    §  74.  Section  249 of the military law, as amended by chapter 490 of
    37  the laws of 2019, is amended to read as follows:
    38    § 249. State and municipal officers and employees  granted  leaves  of
    39  absence  on  July  fourth in certain cases. Each officer and employee of
    40  the state or of a municipal corporation or of any other political subdi-
    41  vision thereof who was a member of the national guard or  naval  militia
    42  or  a  member  of the reserve corps at a time when the United States was
    43  not at war and who (i) has been honorably discharged therefrom, or  (ii)
    44  has  a qualifying condition, as defined in section [three hundred fifty]
    45  one of the [executive]  veterans'  services  law,  and  has  received  a
    46  discharge  other  than bad conduct or dishonorable from such service, or
    47  (iii) is a discharged LGBT veteran, as defined in section [three hundred
    48  fifty] one of the [executive] veterans' services law, and has received a
    49  discharge other than bad conduct  or  dishonorable  from  such  service,
    50  shall,  in  so  far  as  practicable,  be  entitled to absent himself or
    51  herself from [his] duties or service, with pay, on July fourth  of  each
    52  year.  Notwithstanding  the  provisions of any general, special or local
    53  law or the provisions of any city charter, no such officer  or  employee
    54  shall  be  subjected  by  any  person whatever directly or indirectly by
    55  reason of such absence to any loss or diminution of vacation or  holiday
    56  privilege  or  be prejudiced by reason of such absence with reference to

        A. 8294--A                         75
 
     1  promotion or continuance in office or employment or to reappointment  to
     2  office or to re-employment.
     3    § 75. Subparagraph 2 of paragraph b of subdivision 1 of section 156 of
     4  the  public  housing law, as amended by chapter 490 of the laws of 2019,
     5  is amended to read as follows:
     6    (2) (i) have been thereafter discharged or  released  therefrom  under
     7  conditions other than dishonorable, or (ii) have a qualifying condition,
     8  as  defined  in  section  [three  hundred  fifty] one of the [executive]
     9  veterans' services law, and have received a  discharge  other  than  bad
    10  conduct  or dishonorable from such service, or (iii) are discharged LGBT
    11  veterans, as defined in section [three hundred fifty] one of the [execu-
    12  tive] veterans' services law, and have received a discharge  other  than
    13  bad  conduct  or  dishonorable  from  such service, or (iv) died in such
    14  service, not more than five years prior to the time of  application  for
    15  admission to such project, and
    16    §  76.  The  opening  paragraph  and paragraph (d) of subdivision 1 of
    17  section 2632 of the public health law, as amended by chapter 490 of  the
    18  laws of 2019, are amended to read as follows:
    19    Every  veteran  of  the armed forces of the United States, who (i) (A)
    20  was separated or discharged under honorable conditions after serving  on
    21  active  duty  therein  for a period of not less than thirty days, or (B)
    22  has a qualifying condition, as defined in section [three hundred  fifty]
    23  one  of  the  [executive]  veterans'  services  law,  and has received a
    24  discharge other than bad conduct or dishonorable after serving on active
    25  duty therein for a period of not less than thirty  days,  or  (C)  is  a
    26  discharged LGBT veteran, as defined in section [three hundred fifty] one
    27  of  the [executive] veterans' services law, and has received a discharge
    28  other than bad conduct or dishonorable  after  serving  on  active  duty
    29  therein for a period of not less than thirty days, or (ii) (A) was sepa-
    30  rated  or  discharged under honorable conditions after serving on active
    31  duty therein for a period of not less than thirty  days  or  (B)  has  a
    32  qualifying condition, as defined in section [three hundred fifty] one of
    33  the  [executive]  veterans'  services  law, and has received a discharge
    34  other than bad conduct or dishonorable  after  serving  on  active  duty
    35  therein  for  a  period  of  not  less  than  thirty  days,  or (C) is a
    36  discharged LGBT veteran, as defined in section [three hundred fifty] one
    37  of the [executive] veterans' services law, and has received a  discharge
    38  other  than  bad  conduct  or  dishonorable after serving on active duty
    39  therein for a period of not less than thirty days, and who was a recipi-
    40  ent of the armed forces expeditionary medal, navy expeditionary medal or
    41  marine corps expeditionary medal  for  participation  in  operations  in
    42  Lebanon  from  June  first,  nineteen  hundred  eighty-three to December
    43  first, nineteen hundred eighty-seven, in Grenada  from  October  twenty-
    44  third,  nineteen hundred eighty-three to November twenty-first, nineteen
    45  hundred eighty-three, or in Panama  from  December  twentieth,  nineteen
    46  hundred eighty-nine to January thirty-first, nineteen hundred ninety, or
    47  in  Bosnia and Herzgegovina from November twenty-first, nineteen hundred
    48  ninety-five to November first, two thousand seven, or was a recipient of
    49  the Kosovo campaign medal or (iii) (A) was separated or discharged under
    50  honorable conditions after serving on active duty therein for  a  period
    51  of  not  less  than  thirty  days  or (B) has a qualifying condition, as
    52  defined in section [three hundred fifty] one of the  [executive]  veter-
    53  ans'  services  law, and has received a discharge other than bad conduct
    54  or dishonorable after serving on active duty therein for a period of not
    55  less than thirty days, or (C) is a discharged LGBT veteran,  as  defined
    56  in  section  [three  hundred  fifty]  one  of  the [executive] veterans'

        A. 8294--A                         76
 
     1  services law, and has received a discharge other  than  bad  conduct  or
     2  dishonorable  after  serving  on active duty therein for a period of not
     3  less than thirty days, and  who  served  during  the  period  of  actual
     4  hostilities of either
     5    (d)  world war II between December seventh, nineteen hundred forty-one
     6  and December thirty-first, nineteen hundred forty-six,  both  inclusive,
     7  or  who  was  employed  by  the War Shipping Administration or Office of
     8  Defense Transportation or their agents as a merchant  seaman  documented
     9  by  the  United  States  Coast  Guard or Department of Commerce, or as a
    10  civil servant employed by  the  United  States  Army  Transport  Service
    11  (later  redesignated  as  the  United  States Army Transportation Corps,
    12  Water Division) or the Naval  Transportation  Service;  and  who  served
    13  satisfactorily  as  a  crew  member during the period of armed conflict,
    14  December seventh, nineteen hundred forty-one, to August fifteenth, nine-
    15  teen hundred forty-five, aboard merchant vessels  in  oceangoing,  i.e.,
    16  foreign,  intercoastal,  or  coastwise service as such terms are defined
    17  under federal law (46 USCA 10301 & 10501) and further to  include  "near
    18  foreign"  voyages  between  the United States and Canada, Mexico, or the
    19  West Indies via ocean routes, or public vessels in oceangoing service or
    20  foreign waters  and  who  has  received  a  Certificate  of  Release  or
    21  Discharge  from Active Duty and a discharge certificate, or an Honorable
    22  Service Certificate/Report of Casualty, from the Department of  Defense,
    23  or who served as a United States civilian employed by the American Field
    24  Service and served overseas under United States Armies and United States
    25  Army  Groups in world war II during the period of armed conflict, Decem-
    26  ber seventh, nineteen hundred forty-one  through  May  eighth,  nineteen
    27  hundred  forty-five,  and  who  (i) was discharged or released therefrom
    28  under honorable conditions, or  (ii)  has  a  qualifying  condition,  as
    29  defined  in  section [three hundred fifty] one of the [executive] veter-
    30  ans' services law, and has received a discharge other than  bad  conduct
    31  or  dishonorable from such service, or (iii) is a discharged LGBT veter-
    32  an, as defined in section [three hundred fifty] one of  the  [executive]
    33  veterans'  services  law,  and  has  received a discharge other than bad
    34  conduct or dishonorable from such service, or who  served  as  a  United
    35  States  civilian Flight Crew and Aviation Ground Support Employee of Pan
    36  American World Airways or one of its subsidiaries or its affiliates  and
    37  served  overseas  as a result of Pan American's contract with Air Trans-
    38  port Command or Naval Air Transport Service during the period  of  armed
    39  conflict, December fourteenth, nineteen hundred forty-one through August
    40  fourteenth,  nineteen hundred forty-five, and who (iv) was discharged or
    41  released therefrom under honorable conditions, or (v) has  a  qualifying
    42  condition, as defined in section [three hundred fifty] one of the [exec-
    43  utive]  veterans'  services law, and has received a discharge other than
    44  bad conduct or dishonorable from such service, or (vi) is  a  discharged
    45  LGBT  veteran,  as  defined  in section [three hundred fifty] one of the
    46  [executive] veterans' services law, and has received a  discharge  other
    47  than bad conduct or dishonorable from such service; or
    48    §  77.  Subdivision  5  of section 2805-b of the public health law, as
    49  amended by section 21 of part AA of chapter 56 of the laws of  2019,  is
    50  amended to read as follows:
    51    5.  The  staff of a general hospital shall: (a) inquire whether or not
    52  the person admitted has served in the United States armed  forces.  Such
    53  information  shall  be  listed  on  the  admissions form; (b) notify any
    54  admittee who is a veteran of the possible availability of services at  a
    55  hospital  operated  by the United States veterans health administration,
    56  and, upon request by the admittee, such staff  shall  make  arrangements

        A. 8294--A                         77
 
     1  for  the individual's transfer to a United States veterans health admin-
     2  istration hospital, provided, however, that transfers shall  be  author-
     3  ized  only  after it has been determined, according to accepted clinical
     4  and  medical  standards, that the patient's condition has stabilized and
     5  transfer can be accomplished safely and without  complication;  and  (c)
     6  provide  any  admittee  who has served in the United States armed forces
     7  with a copy of the "Information  for  Veterans  concerning  Health  Care
     8  Options"  fact  sheet, maintained by the [division] department of veter-
     9  ans' services pursuant  to  subdivision  [twenty-three]  twenty-nine  of
    10  section  [three  hundred  fifty-three] four of the [executive] veterans'
    11  services law prior to  discharging  or  transferring  the  patient.  The
    12  commissioner  shall  promulgate rules and regulations for notifying such
    13  admittees of possible available services and for arranging  a  requested
    14  transfer.
    15    §  78.  Subdivision  2  of section 2805-o of the public health law, as
    16  amended by chapter 609 of the laws  of  2021,  is  amended  to  read  as
    17  follows:
    18    2.  Every  nursing home, residential health care facility and assisted
    19  living residences shall in writing advise  all  individuals  identifying
    20  themselves  as  veterans  or  spouses  of  veterans  that the [division]
    21  department of veterans' services and local  veterans'  service  agencies
    22  established  pursuant to section [three hundred fifty-seven] fourteen of
    23  the [executive] veterans'services law to provide assistance to  veterans
    24  and  their  spouses regarding benefits under federal and state law. Such
    25  written information shall include the name, address and telephone number
    26  of the New York state [division] department of veterans'  services,  the
    27  nearest  [division] department of veterans' services office, the nearest
    28  county or city veterans'  service  agency  and  the  nearest  accredited
    29  veterans' service officer.
    30    §  79.  Subdivision  3  of  section  3422 of the public health law, as
    31  amended by chapter 490 of the laws  of  2019,  is  amended  to  read  as
    32  follows:
    33    3.  A  candidate  who  fails  to  attain a passing grade on his or her
    34  licensing examination is entitled to a maximum of three re-examinations;
    35  provided, however, that if such candidate  fails  to  attain  a  passing
    36  grade  within three years after completion of his or her training, he or
    37  she must requalify in accordance  with  the  provisions  of  the  public
    38  health law and rules and regulations promulgated thereunder existing and
    39  in force as of the date of subsequent application for licensing examina-
    40  tion,  except  that  a satisfactorily completed required course of study
    41  need not be recompleted. A candidate inducted into the armed  forces  of
    42  the  United  States during or after completion of training may (a) after
    43  honorable discharge or (b) after a discharge other than bad  conduct  or
    44  dishonorable  where  the  candidate  (i)  has a qualifying condition, as
    45  defined in section [three hundred fifty] one of the  [executive]  veter-
    46  ans'  services  law, or (ii) is a discharged LGBT veteran, as defined in
    47  section [three hundred fifty] one of the [executive] veterans'  services
    48  law, and upon proper application as required by the department be eligi-
    49  ble for an exemption with respect to time served in such service.
    50    § 80. Section 63 of the public officers law, as amended by chapter 606
    51  of the laws of 2021, is amended to read as follows:
    52    § 63. Leave of absence for veterans on Memorial day and Veterans' day.
    53  It shall be the duty of the head of every public department and of every
    54  court  of  the  state of New York, of every superintendent or foreman on
    55  the public works of said state, of the county officers  of  the  several
    56  counties  of  said  state,  of the town officers of the various towns in

        A. 8294--A                         78
 
     1  this state, of the fire district officers of the various fire  districts
     2  in this state, and of the head of every department, bureau and office in
     3  the government of the various cities and villages in this state, and the
     4  officers  of  any  public benefit corporation or any public authority of
     5  this state, or of any public benefit corporation or public authority  of
     6  any  county  or subdivision of this state, to give leave of absence with
     7  pay for twenty-four hours on the day prescribed by law as a public holi-
     8  day for the observance of Memorial day and on the eleventh day of Novem-
     9  ber, known as Veterans' day, to every  person  in  the  service  of  the
    10  state, the county, the town, the fire district, the city or village, the
    11  public  benefit  corporation  or  public authority of this state, or any
    12  public benefit corporation or public authority of any county or subdivi-
    13  sion of this state, as the case may be, (i) who served on active duty in
    14  the armed forces of the United States during world war I  or  world  war
    15  II,  or who was employed by the War Shipping Administration or Office of
    16  Defense Transportation or their agents as a merchant  seaman  documented
    17  by  the  United  States  Coast  Guard or Department of Commerce, or as a
    18  civil servant employed by  the  United  States  Army  Transport  Service
    19  (later  redesignated  as  the  United  States Army Transportation Corps,
    20  Water Division) or the Naval  Transportation  Service;  and  who  served
    21  satisfactorily  as  a  crew  member during the period of armed conflict,
    22  December seventh, nineteen hundred forty-one, to August fifteenth, nine-
    23  teen hundred forty-five, aboard merchant vessels  in  oceangoing,  i.e.,
    24  foreign,  intercoastal,  or  coastwise service as such terms are defined
    25  under federal law (46 USCA 10301 & 10501) and further to  include  "near
    26  foreign"  voyages  between  the United States and Canada, Mexico, or the
    27  West Indies via ocean routes, or public vessels in oceangoing service or
    28  foreign waters  and  who  has  received  a  Certificate  of  Release  or
    29  Discharge  from Active Duty and a discharge certificate, or an Honorable
    30  Service Certificate/Report of Casualty, from the Department of  Defense,
    31  or who served as a United States civilian employed by the American Field
    32  Service and served overseas under United States Armies and United States
    33  Army  Groups in world war II during the period of armed conflict, Decem-
    34  ber seventh, nineteen hundred forty-one  through  May  eighth,  nineteen
    35  hundred  forty-five,  and  who  (a) was discharged or released therefrom
    36  under honorable conditions,  or  (b)  has  a  qualifying  condition,  as
    37  defined  in  section [three hundred fifty] one of the [executive] veter-
    38  ans' services law, and has received a discharge other than  bad  conduct
    39  or  dishonorable from such service, or (c) is a discharged LGBT veteran,
    40  as defined in section [three  hundred  fifty]  one  of  the  [executive]
    41  veterans'  services  law,  and  has  received a discharge other than bad
    42  conduct or dishonorable from such service or  who  served  as  a  United
    43  States  civilian Flight Crew and Aviation Ground Support Employee of Pan
    44  American World Airways or one of its subsidiaries or its affiliates  and
    45  served  overseas  as a result of Pan American's contract with Air Trans-
    46  port Command or Naval Air Transport Service during the period  of  armed
    47  conflict, December fourteenth, nineteen hundred forty-one through August
    48  fourteenth,  nineteen  hundred forty-five, and who (d) was discharged or
    49  released therefrom under honorable conditions, or (e) has  a  qualifying
    50  condition, as defined in section [three hundred fifty] one of the [exec-
    51  utive]  veterans'  services law, and has received a discharge other than
    52  bad conduct or dishonorable from such service, or (f)  is  a  discharged
    53  LGBT  veteran,  as  defined  in section [three hundred fifty] one of the
    54  [executive] veterans' services law, and has received a  discharge  other
    55  than  bad conduct or dishonorable from such service or during the period
    56  of the Korean conflict at any time between the dates of June twenty-sev-

        A. 8294--A                         79
 
     1  enth, nineteen hundred fifty and January thirty-first, nineteen  hundred
     2  fifty-five,  or during the period of the Vietnam conflict from the twen-
     3  ty-eighth day of February, nineteen hundred sixty-one to the seventh day
     4  of May, nineteen hundred seventy-five, or (ii) who served on active duty
     5  in  the armed forces of the United States and who was a recipient of the
     6  armed forces expeditionary medal, navy  expeditionary  medal  or  marine
     7  corps  expeditionary  medal  for  participation in operations in Lebanon
     8  from June first, nineteen hundred eighty-three to December first,  nine-
     9  teen  hundred  eighty-seven, in Grenada from October twenty-third, nine-
    10  teen hundred eighty-three to  November  twenty-first,  nineteen  hundred
    11  eighty-three,  or  in  Panama  from December twentieth, nineteen hundred
    12  eighty-nine to January thirty-first, nineteen hundred ninety,  or  (iii)
    13  who  served  in  the  armed  forces of a foreign country allied with the
    14  United States during world war I or world war II, or during  the  period
    15  of the Korean conflict at any time between June twenty-seventh, nineteen
    16  hundred  fifty and January thirty-first, nineteen hundred fifty-five, or
    17  during the period of the Vietnam conflict from the first day  of  Novem-
    18  ber,  nineteen  hundred  fifty-five  to the seventh day of May, nineteen
    19  hundred seventy-five, or during the period of the Persian Gulf  conflict
    20  from  the  second  day  of August, nineteen hundred ninety to the end of
    21  such conflict, or who served on active duty  in  the  army  or  navy  or
    22  marine  corps  or air force or coast guard of the United States, and who
    23  (a) was honorably discharged or separated from such service under honor-
    24  able conditions, or (b)  has  a  qualifying  condition,  as  defined  in
    25  section  [three hundred fifty] one of the [executive] veterans' services
    26  law, and has received a discharge other than bad conduct or dishonorable
    27  from such service, or (c) is a discharged LGBT veteran,  as  defined  in
    28  section  [three hundred fifty] one of the [executive] veterans' services
    29  law, and has received a discharge other than bad conduct or dishonorable
    30  from such service except where such action  would  endanger  the  public
    31  safety  or  the  safety  or health of persons cared for by the state, in
    32  which event such persons shall be entitled to leave of absence with  pay
    33  on  another day in lieu thereof. All such persons who are compensated on
    34  a per diem, hourly, semi-monthly or monthly basis, with or without main-
    35  tenance, shall also be entitled to leave of absence with pay  under  the
    36  provisions  of  this  section  and no deduction in vacation allowance or
    37  budgetary allowable number of working days shall be made in lieu  there-
    38  of.  A  refusal  to  give  such leave of absence to one entitled thereto
    39  shall be neglect of duty.
    40    § 81. Subdivision 3 of section 1271 of  the  private  housing  finance
    41  law,  as  amended by chapter 490 of the laws of 2019, is amended to read
    42  as follows:
    43    3. "Veteran" shall mean a resident of this state who (a) has served in
    44  the United States army, navy, marine corps, air force or coast guard  or
    45  (b) has served on active duty or ordered to active duty as defined in 10
    46  USC 101 (d)(1) as a member of the national guard or other reserve compo-
    47  nent  of  the  armed  forces  of  the United States or (c) has served on
    48  active duty or ordered to active duty for the state, as a member of  the
    49  state organized militia as defined in subdivision nine of section one of
    50  the  military law, and has been released from such service documented by
    51  an honorable or general discharge, or has  a  qualifying  condition,  as
    52  defined  in  section [three hundred fifty] one of the [executive] veter-
    53  ans' services law, and has received a discharge other than  bad  conduct
    54  or  dishonorable  from such service, or is a discharged LGBT veteran, as
    55  defined in section [three hundred fifty] one of the  [executive]  veter-

        A. 8294--A                         80
 
     1  ans'  services  law, and has received a discharge other than bad conduct
     2  or dishonorable from such service.
     3    §  82.  Subdivisions 2 and 4-a of section 458 of the real property tax
     4  law, as amended by chapter 490 of the laws of 2019, are amended to  read
     5  as follows:
     6    2.   Real   property   purchased  with  moneys  collected  by  popular
     7  subscription in partial recognition of extraordinary  services  rendered
     8  by  any  veteran  of world war one, world war two, or of the hostilities
     9  which commenced June twenty-seventh, nineteen hundred fifty, who (a) was
    10  honorably discharged from such service, or (b) has a  qualifying  condi-
    11  tion, as defined in section [three hundred fifty] one of the [executive]
    12  veterans'  services  law,  and  has  received a discharge other than bad
    13  conduct or dishonorable from such service, or (c) is a  discharged  LGBT
    14  veteran,  as defined in section [three hundred fifty] one of the [execu-
    15  tive] veterans' services law, and has received a  discharge  other  than
    16  bad  conduct or dishonorable from such service, and who sustained perma-
    17  nent disability while on military duty, either  total  or  partial,  and
    18  owned by the person who sustained such injuries, or by his or her spouse
    19  or  unremarried  surviving  spouse,  or  dependent  father or mother, is
    20  subject to taxation as herein provided. Such property shall be  assessed
    21  in  the  same  manner as other real property in the tax district. At the
    22  meeting of the assessors to hear complaints concerning the  assessments,
    23  a  verified  application  for  the  exemption of such real property from
    24  taxation may be presented to them by or on behalf of the owner  thereof,
    25  which application must show the facts on which the exemption is claimed,
    26  including  the  amount  of  moneys  so  raised and used in or toward the
    27  purchase of such property. No exemption on  account  of  any  such  gift
    28  shall be allowed in excess of five thousand dollars. The application for
    29  exemption  shall  be  presented  and  action thereon taken in the manner
    30  provided by subdivision one of  this  section.  If  no  application  for
    31  exemption  be granted, the property shall be subject to taxation for all
    32  purposes.  The  provisions  herein,  relating  to  the  assessment   and
    33  exemption   of   property   purchased  with  moneys  raised  by  popular
    34  subscription, apply and shall be enforced in each municipal  corporation
    35  authorized to levy taxes.
    36    4-a.  For  the  purposes  of this section, the term "military or naval
    37  services" shall be deemed to also include service: (a) by a  person  who
    38  was  employed  by  the  War Shipping Administration or Office of Defense
    39  Transportation or their agents as a merchant seaman  documented  by  the
    40  United States Coast Guard or Department of Commerce, or as a civil serv-
    41  ant employed by the United States Army Transport Service (later redesig-
    42  nated as the United States Army Transportation Corps, Water Division) or
    43  the  Naval  Transportation  Service;  and who served satisfactorily as a
    44  crew member during the period of armed conflict, December seventh, nine-
    45  teen hundred forty-one, to August  fifteenth,  nineteen  hundred  forty-
    46  five,  aboard  merchant  vessels  in  oceangoing,  i.e., foreign, inter-
    47  coastal, or coastwise service as such terms are  defined  under  federal
    48  law  (46  USCA  10301  &  10501)  and  further to include "near foreign"
    49  voyages between the United States and Canada, Mexico, or the West Indies
    50  via ocean routes, or public vessels in  oceangoing  service  or  foreign
    51  waters  and  who has received a Certificate of Release or Discharge from
    52  Active Duty  and  a  discharge  certificate,  or  an  Honorable  Service
    53  Certificate/Report  of  Casualty,  from  the  department of defense; (b)
    54  service by a United States  civilian  employed  by  the  American  Field
    55  Service who served overseas under United States Armies and United States
    56  Army  Groups in world war II during the period of armed conflict, Decem-

        A. 8294--A                         81
 
     1  ber seventh, nineteen hundred forty-one  through  May  eighth,  nineteen
     2  hundred  forty-five,  and  who  (i) was discharged or released therefrom
     3  under honorable conditions, or  (ii)  has  a  qualifying  condition,  as
     4  defined  in  section [three hundred fifty] one of the [executive] veter-
     5  ans' services law, and has received a discharge other than  bad  conduct
     6  or  dishonorable from such service, or (iii) is a discharged LGBT veter-
     7  an, as defined in section [three hundred fifty] one of  the  [executive]
     8  veterans'  services  law,  and  has  received a discharge other than bad
     9  conduct or dishonorable from such service; or (c) service  by  a  United
    10  States  civilian Flight Crew and Aviation Ground Support Employee of Pan
    11  American World Airways or one of its subsidiaries or its affiliates  who
    12  served  overseas  as a result of Pan American's contract with Air Trans-
    13  port Command or Naval Air Transport Service during the period  of  armed
    14  conflict, December fourteenth, nineteen hundred forty-one through August
    15  fourteenth,  nineteen  hundred forty-five, and who (i) was discharged or
    16  released therefrom under honorable conditions, or (ii) has a  qualifying
    17  condition, as defined in section [three hundred fifty] one of the [exec-
    18  utive]  veterans'  services law, and has received a discharge other than
    19  bad conduct or dishonorable from such service, or (iii) is a  discharged
    20  LGBT  veteran,  as  defined  in section [three hundred fifty] one of the
    21  [executive] veterans' services law, and has received a  discharge  other
    22  than bad conduct or dishonorable from such service.
    23    §  83.  Paragraph  (e)  of  subdivision 1 and subdivisions 9 and 10 of
    24  section 458-a of the real property tax law, paragraph (e) of subdivision
    25  1 and subdivision 10 as amended by chapter 490  of  the  laws  of  2019,
    26  subdivision  9  as amended by section 36 of part AA of chapter 56 of the
    27  laws of 2019, are amended to read as follows:
    28    (e) "Veteran" means a person (i) who served in  the  active  military,
    29  naval,  or air service during a period of war, or who was a recipient of
    30  the armed forces expeditionary medal, navy expeditionary  medal,  marine
    31  corps  expeditionary  medal,  or  global  war on terrorism expeditionary
    32  medal, and who (1) was discharged or released therefrom under  honorable
    33  conditions,  or  (2)  has  a qualifying condition, as defined in section
    34  [three hundred fifty] one of the [executive] veterans' services law, and
    35  has received a discharge other than bad  conduct  or  dishonorable  from
    36  such service, or (3) is a discharged LGBT veteran, as defined in section
    37  [three hundred fifty] one of the [executive] veterans' services law, and
    38  has  received  a  discharge  other than bad conduct or dishonorable from
    39  such service, (ii) who was employed by the War  Shipping  Administration
    40  or Office of Defense Transportation or their agents as a merchant seaman
    41  documented  by  the United States Coast Guard or Department of Commerce,
    42  or as a civil servant employed  by  the  United  States  Army  Transport
    43  Service  (later  redesignated  as  the United States Army Transportation
    44  Corps, Water Division) or the  Naval  Transportation  Service;  and  who
    45  served  satisfactorily  as  a  crew  member  during  the period of armed
    46  conflict,  December  seventh,  nineteen  hundred  forty-one,  to  August
    47  fifteenth,  nineteen  hundred  forty-five,  aboard  merchant  vessels in
    48  oceangoing, i.e., foreign, intercoastal, or coastwise  service  as  such
    49  terms  are defined under federal law (46 USCA 10301 & 10501) and further
    50  to include "near foreign" voyages between the United States and  Canada,
    51  Mexico, or the West Indies via ocean routes, or public vessels in ocean-
    52  going  service  or  foreign waters and who has received a Certificate of
    53  Release or Discharge from Active Duty and a discharge certificate, or an
    54  Honorable Service Certificate/Report of Casualty, from the department of
    55  defense, (iii) who served as a United States civilian  employed  by  the
    56  American  Field  Service  and served overseas under United States Armies

        A. 8294--A                         82
 
     1  and United States Army Groups in world war II during the period of armed
     2  conflict, December  seventh,  nineteen  hundred  forty-one  through  May
     3  eighth,  nineteen  hundred  forty-five,  and  who  (1) was discharged or
     4  released  therefrom  under honorable conditions, or (2) has a qualifying
     5  condition, as defined in section [three hundred fifty] one of the [exec-
     6  utive] veterans' services law, and has received a discharge  other  than
     7  bad  conduct  or  dishonorable from such service, or (3) is a discharged
     8  LGBT veteran, as defined in section [three hundred  fifty]  one  of  the
     9  [executive]  veterans'  services law, and has received a discharge other
    10  than bad conduct or dishonorable from such service, (iv) who served as a
    11  United States civilian Flight Crew and Aviation Ground Support  Employee
    12  of  Pan  American World Airways or one of its subsidiaries or its affil-
    13  iates and served overseas as a result of Pan  American's  contract  with
    14  Air  Transport  Command or Naval Air Transport Service during the period
    15  of armed  conflict,  December  fourteenth,  nineteen  hundred  forty-one
    16  through  August fourteenth, nineteen hundred forty-five, and who (1) was
    17  discharged or released therefrom under honorable conditions, or (2)  has
    18  a  qualifying condition, as defined in section [three hundred fifty] one
    19  of the [executive] veterans' services law, and has received a  discharge
    20  other  than  bad  conduct or dishonorable from such service, or (3) is a
    21  discharged LGBT veteran, as defined in section [three hundred fifty] one
    22  of the [executive] veterans' services law, and has received a  discharge
    23  other  than  bad  conduct  or  dishonorable  from  such  service, or (v)
    24  notwithstanding any other provision of law  to  the  contrary,  who  are
    25  members  of  the  reserve  components  of the armed forces of the United
    26  States who (1) received an  honorable  discharge  or  release  therefrom
    27  under  honorable  conditions,  or  (2)  has  a  qualifying condition, as
    28  defined in section [three hundred fifty] one of the  [executive]  veter-
    29  ans'  services  law, and has received a discharge other than bad conduct
    30  or dishonorable from such service, or (3) is a discharged LGBT  veteran,
    31  as  defined  in  section  [three  hundred  fifty] one of the [executive]
    32  veterans' services law, and has received  a  discharge  other  than  bad
    33  conduct  or dishonorable from such service, but are still members of the
    34  reserve components of the armed forces of  the  United  States  provided
    35  that  such members meet all other qualifications under the provisions of
    36  this section.
    37    9. The commissioner shall develop in consultation with the  [director]
    38  commissioner  of  the  New York state [division] department of veterans'
    39  services a listing of documents to  be  used  to  establish  eligibility
    40  under  this  section,  including  but  not  limited  to a certificate of
    41  release or discharge from active duty also known as a DD-214 form or  an
    42  Honorable  Service  Certificate/Report  of [Causality] Casualty from the
    43  department of defense. Such information shall be made available to  each
    44  county,  city, town or village assessor's office, or congressional char-
    45  tered veterans service officers who request such information. The  list-
    46  ing of acceptable military records shall be made available on the inter-
    47  net  websites of the [division] department of veterans' services and the
    48  office of real property tax services.
    49    10. A county, city, town, village or school district may adopt a local
    50  law or resolution to include those military personnel who served in  the
    51  Reserve  component of the United States Armed Forces that were deemed on
    52  active duty under Executive Order 11519 signed March twenty-third, nine-
    53  teen hundred seventy, 35 Federal  Register  5003,  dated  March  twenty-
    54  fourth,  nineteen  hundred  seventy  and  later designated by the United
    55  States Department of Defense as Operation Graphic Hand, if  such  member
    56  (1)  was discharged or released therefrom under honorable conditions, or

        A. 8294--A                         83
 
     1  (2) has a qualifying condition, as defined  in  section  [three  hundred
     2  fifty] one of the [executive] veterans' services law, and has received a
     3  discharge  other  than bad conduct or dishonorable from such service, or
     4  (3)  is  a discharged LGBT veteran, as defined in section [three hundred
     5  fifty] one of the [executive] veterans' services law, and has received a
     6  discharge other than bad conduct  or  dishonorable  from  such  service,
     7  provided  that  such  veteran  meets  all  other  qualifications of this
     8  section.
     9    § 84. Paragraph (a) of subdivision 1  and  subdivision  8  of  section
    10  458-b  of  the  real property tax law, paragraph (a) of subdivision 1 as
    11  amended by chapter 490 of the laws of 2019, subdivision 8 as amended  by
    12  section  37 of part AA of chapter 56 of the laws of 2019, are amended to
    13  read as follows:
    14    (a) "Cold War veteran" means a person, male or female, who  served  on
    15  active  duty  in  the United States armed forces, during the time period
    16  from September second, nineteen hundred forty-five to  December  twenty-
    17  sixth,  nineteen  hundred ninety-one, and (i) was discharged or released
    18  therefrom under honorable conditions, or (ii) has  a  qualifying  condi-
    19  tion, as defined in section [three hundred fifty] one of the [executive]
    20  veterans'  services  law,  and  has  received a discharge other than bad
    21  conduct or dishonorable from such service, or (iii) is a discharged LGBT
    22  veteran, as defined in section [three hundred fifty] one of the  [execu-
    23  tive]  veterans'  services  law, and has received a discharge other than
    24  bad conduct or dishonorable from such service.
    25    8. The commissioner shall develop in consultation with the  [director]
    26  commissioner  of  the  New York state [division] department of veterans'
    27  services a listing of documents to  be  used  to  establish  eligibility
    28  under  this  section,  including  but  not  limited  to a certificate of
    29  release or discharge from active duty also known as a DD-214 form or  an
    30  Honorable  Service  Certificate/Report  of [Causality] Casualty from the
    31  department of defense. Such information shall be made available to  each
    32  county,  city, town or village assessor's office, or congressional char-
    33  tered veterans service officers who request such information. The  list-
    34  ing of acceptable military records shall be made available on the inter-
    35  net  websites of the [division] department of veterans' services and the
    36  office of real property tax services.
    37    § 85. Subparagraph (v) of paragraph (a) of subdivision  1  of  section
    38  122 of the social services law, as amended by chapter 490 of the laws of
    39  2019, is amended to read as follows:
    40    (v)  any alien lawfully residing in the state who is on active duty in
    41  the armed forces (other than active duty for training) or  who  (1)  has
    42  received  an  honorable  discharge (and not on account of alienage) from
    43  the armed forces, or (2) has  a  qualifying  condition,  as  defined  in
    44  section  [three hundred fifty] one of the [executive] veterans' services
    45  law, and has received a discharge other than bad conduct or dishonorable
    46  (and not on account of alienage) from the armed  forces,  or  (3)  is  a
    47  discharged LGBT veteran, as defined in section [three hundred fifty] one
    48  of  the [executive] veterans' services law, and has received a discharge
    49  other than bad conduct or dishonorable (and not on account of  alienage)
    50  from  the  armed  forces, or the spouse, unremarried surviving spouse or
    51  unmarried dependent child of any such alien, if such  alien,  spouse  or
    52  dependent  child  is  a qualified alien as defined in section 431 of the
    53  federal personal responsibility and work opportunity reconciliation  act
    54  of 1996 (8 U.S. Code 1641), as amended;

        A. 8294--A                         84
 
     1    § 86. Subdivision 1 and paragraph 5 of subdivision 2 of section 168 of
     2  the  social services law, as amended by chapter 490 of the laws of 2019,
     3  are amended to read as follows:
     4    1. Veteran means a person, male or female, who has served in the armed
     5  forces  of  the  United States in time of war, or who was a recipient of
     6  the armed forces expeditionary medal, navy expeditionary medal or marine
     7  corps expeditionary medal for participation  in  operations  in  Lebanon
     8  from  June first, nineteen hundred eighty-three to December first, nine-
     9  teen hundred eighty-seven, in Grenada from October  twenty-third,  nine-
    10  teen  hundred  eighty-three  to  November twenty-first, nineteen hundred
    11  eighty-three, or in Panama from  December  twentieth,  nineteen  hundred
    12  eighty-nine  to  January  thirty-first, nineteen hundred ninety, and who
    13  (1) has been honorably discharged or released  under  honorable  circum-
    14  stances  from  such  service  or furloughed to the reserve, or (2) has a
    15  qualifying condition, as defined in section [three hundred fifty] one of
    16  the [executive] veterans' services law, and  has  received  a  discharge
    17  other  than  bad  conduct or dishonorable from such service, or (3) is a
    18  discharged LGBT veteran, as defined in section [three hundred fifty] one
    19  of the [executive] veterans' services law, and has received a  discharge
    20  other than bad conduct or dishonorable from such service.
    21    (5)  World  war II; from the seventh day of December, nineteen hundred
    22  forty-one to and including the thirty-first day  of  December,  nineteen
    23  hundred  forty-six,  or  who  was  employed by the War Shipping Adminis-
    24  tration or Office  of  Defense  Transportation  or  their  agents  as  a
    25  merchant  seaman  documented by the United States Coast Guard or Depart-
    26  ment of Commerce, or as a civil servant employed by  the  United  States
    27  Army  Transport  Service  (later  redesignated as the United States Army
    28  Transportation  Corps,  Water  Division)  or  the  Naval  Transportation
    29  Service; and who served satisfactorily as a crew member during the peri-
    30  od  of  armed conflict, December seventh, nineteen hundred forty-one, to
    31  August fifteenth, nineteen hundred forty-five, aboard  merchant  vessels
    32  in oceangoing, i.e., foreign, intercoastal, or coastwise service as such
    33  terms  are defined under federal law (46 USCA 10301 & 10501) and further
    34  to include "near foreign" voyages between the United States and  Canada,
    35  Mexico, or the West Indies via ocean routes, or public vessels in ocean-
    36  going  service  or  foreign waters and who has received a Certificate of
    37  Release or Discharge from Active Duty and a discharge certificate, or an
    38  Honorable Service Certificate/Report of Casualty, from the Department of
    39  Defense or who served as a United States civilian employed by the Ameri-
    40  can Field Service and served overseas under  United  States  Armies  and
    41  United  States  Army  Groups  in world war II during the period of armed
    42  conflict, December  seventh,  nineteen  hundred  forty-one  through  May
    43  eighth,  nineteen  hundred  forty-five,  and  who  (i) was discharged or
    44  released therefrom under honorable conditions, or (ii) has a  qualifying
    45  condition, as defined in section [three hundred fifty] one of the [exec-
    46  utive]  veterans'  services law, and has received a discharge other than
    47  bad conduct or dishonorable from such service, or (iii) is a  discharged
    48  LGBT  veteran,  as  defined  in section [three hundred fifty] one of the
    49  [executive] veterans' services law, and has received a  discharge  other
    50  than  bad  conduct or dishonorable from such service, or who served as a
    51  United States civilian Flight Crew and Aviation Ground Support  Employee
    52  of  Pan  American World Airways or one of its subsidiaries or its affil-
    53  iates and served overseas as a result of Pan  American's  contract  with
    54  Air  Transport  Command or Naval Air Transport Service during the period
    55  of armed  conflict,  December  fourteenth,  nineteen  hundred  forty-one
    56  through August fourteenth, nineteen hundred forty-five, and who (iv) was

        A. 8294--A                         85
 
     1  discharged  or released therefrom under honorable conditions, or (v) has
     2  a qualifying condition, as defined in section [three hundred fifty]  one
     3  of  the [executive] veterans' services law, and has received a discharge
     4  other  than  bad conduct or dishonorable from such service, or (vi) is a
     5  discharged LGBT veteran, as defined in section [three hundred fifty] one
     6  of the [executive] veterans' services law, and has received a  discharge
     7  other than bad conduct or dishonorable from such service.
     8    §  87.  Subparagraph  1  of paragraph (b) of subdivision 29 of section
     9  210-B of the tax law, as amended by chapter 490 of the laws of 2019,  is
    10  amended to read as follows:
    11    (1)  who  served  on  active duty in the United States army, navy, air
    12  force, marine corps, coast guard or the reserves thereof, or who  served
    13  in  active military service of the United States as a member of the army
    14  national guard, air national guard, New York guard  or  New  York  naval
    15  militia;  who  (i) was released from active duty by general or honorable
    16  discharge after September eleventh, two thousand  one,  or  (ii)  has  a
    17  qualifying condition, as defined in section [three hundred fifty] one of
    18  the  [executive]  veterans'  services  law, and has received a discharge
    19  other than bad conduct or dishonorable from such service after September
    20  eleventh, two thousand one, or (iii) is a discharged  LGBT  veteran,  as
    21  defined  in  section [three hundred fifty] one of the [executive] veter-
    22  ans' services law, and has received a discharge other than  bad  conduct
    23  or dishonorable from such service after September eleventh, two thousand
    24  one;
    25    §  88.  Subparagraph (A) of paragraph 2 of subsection (a-2) of section
    26  606 of the tax law, as amended by chapter 490 of the laws  of  2019,  is
    27  amended to read as follows:
    28    (A)  who  served  on  active duty in the United States army, navy, air
    29  force, marine corps, coast guard or the reserves thereof, or who  served
    30  in  active military service of the United States as a member of the army
    31  national guard, air national guard, New York guard  or  New  York  naval
    32  militia;  who  (i) was released from active duty by general or honorable
    33  discharge after September eleventh, two thousand  one,  or  (ii)  has  a
    34  qualifying condition, as defined in section [three hundred fifty] one of
    35  the  [executive]  veterans'  services  law, and has received a discharge
    36  other than bad conduct or dishonorable from such service after September
    37  eleventh, two thousand one, or (iii) is a discharged  LGBT  veteran,  as
    38  defined  in  section [three hundred fifty] one of the [executive] veter-
    39  ans' services law, and has received a discharge other than  bad  conduct
    40  or dishonorable from such service after September eleventh, two thousand
    41  one;
    42    §  89.  Paragraph  18-a  of subdivision (a) of section 1115 of the tax
    43  law, as added by chapter 478 of the laws of 2016, is amended to read  as
    44  follows:
    45    (18-a)  Tangible personal property manufactured and sold by a veteran,
    46  as defined in section  [three  hundred  sixty-four]  twenty-two  of  the
    47  [executive]  veterans'  services  law,  for  the  benefit of a veteran's
    48  service organization, provided that such person or any member of his  or
    49  her  household  does  not  conduct  a trade or business in which similar
    50  items are sold, the first two thousand five hundred dollars of  receipts
    51  from such sales in a calendar year.
    52    §  90. Subparagraph (A) of paragraph 2 of subdivision (g-1) of section
    53  1511 of the tax law, as amended by chapter 490 of the laws of  2019,  is
    54  amended to read as follows:
    55    (A)  who  served  on  active duty in the United States army, navy, air
    56  force, marine corps, coast guard or the reserves thereof, or who  served

        A. 8294--A                         86
 
     1  in  active military service of the United States as a member of the army
     2  national guard, air national guard, New York guard  or  New  York  naval
     3  militia;  who  (i) was released from active duty by general or honorable
     4  discharge  after  September  eleventh,  two  thousand one, or (ii) has a
     5  qualifying condition, as defined in section [three hundred fifty] one of
     6  the [executive] veterans' services law, and  has  received  a  discharge
     7  other than bad conduct or dishonorable from such service after September
     8  eleventh,  two  thousand  one, or (iii) is a discharged LGBT veteran, as
     9  defined in section [three hundred fifty] one of the  [executive]  veter-
    10  ans'  services  law, and has received a discharge other than bad conduct
    11  or dishonorable from such service after September eleventh, two thousand
    12  one;
    13    § 91. Section 295 of the town law, as amended by chapter  490  of  the
    14  laws of 2019, is amended to read as follows:
    15    §  295. Removal of remains of deceased members of armed forces. Upon a
    16  verified petition presented to a judge of a court of record by any armed
    17  forces' organization in any town or city in this state by a majority  of
    18  its  officers,  or  a  majority of any memorial committee in any town or
    19  city where there are two or more veteran armed forces' organizations, or
    20  in towns or cities where there are no veteran  armed  forces'  organiza-
    21  tions,  upon  the petition of five or more veterans of the armed forces,
    22  the judge to whom said verified petition  is  presented  shall  make  an
    23  order  to  show  cause, returnable before him or her at a time and place
    24  within the county in not less than fourteen or  more  than  twenty  days
    25  from  the  date of presentation of said petition, why the remains of any
    26  deceased members of the armed forces buried in potter's field, or in any
    27  neglected or abandoned cemeteries, should not be removed  to  and  rein-
    28  terred in a properly kept incorporated cemetery in the same town or city
    29  or  in  a  town  adjoining  the  town  or city in which the remains of a
    30  deceased member of the armed forces are buried, and to fix the amount of
    31  the expenses for such removal and reinterment, and  the  order  to  show
    32  cause shall provide for its publication in a newspaper, to be designated
    33  in  the order, which is published nearest to the cemetery from which the
    34  removal is sought to be made, once  in  each  week  for  two  successive
    35  weeks.  The verified petition presented to the judge shall show that the
    36  petitioners are a majority of the officers of  a  veteran  armed  forces
    37  organization,  or  a majority of a memorial committee in towns or cities
    38  where two or more veteran armed forces organizations exist, or that  the
    39  petitioners  are  honorably  discharged  veterans of the armed forces in
    40  towns or cities where no veteran armed forces  organization  exists,  or
    41  that  the petitioners have a qualifying condition, as defined in section
    42  [three hundred fifty] one of the [executive] veterans' services law, and
    43  received a discharge other than bad conduct or  dishonorable  from  such
    44  service  and are in towns or cities where no veteran armed forces organ-
    45  izations exist, or that the petitioners are discharged LGBT veterans, as
    46  defined in section [three hundred fifty] one of the  [executive]  veter-
    47  ans'  services  law,  and received a discharge other than bad conduct or
    48  dishonorable from such service and are in  towns  and  cities  where  no
    49  veteran  armed  forces  organizations  exist,  and  (1)  the name of the
    50  deceased member or members of the armed forces, whose remains are sought
    51  to be removed, and if known the unit in which he, she  or  they  served;
    52  (2) the name and location of the cemetery in which he or she is interred
    53  and from which removal is asked to be made; (3) the name and location of
    54  the incorporated cemetery to which the remains are desired to be removed
    55  and reinterred; (4) the facts showing the reasons for such removal. Upon
    56  the  return  day  of  the  order to show cause and at the time and place

        A. 8294--A                         87
 
     1  fixed in said order, upon filing proof of publication of  the  order  to
     2  show  cause  with  the judge, if no objection is made thereto, he or she
     3  shall make an order  directing  the  removal  of  the  remains  of  said
     4  deceased  member  or  members of the armed forces to the cemetery desig-
     5  nated in the petition within the town or city or within a town adjoining
     6  the town or city in which the remains are then buried and shall  specify
     7  in  the order the amount of the expenses of such removal, which expenses
     8  of removal and reinterment, including  the  expense  of  the  proceeding
     9  under  this section, shall be a charge upon the county in which the town
    10  or city is situated from which the removal is  made  and  such  expenses
    11  shall  be a county charge and audited by the board of supervisors of the
    12  county and paid in the same manner as other county charges. On and after
    13  the removal and reinterment of the remains of  the  deceased  member  or
    14  members  of the armed forces in the armed forces' plot, the expenses for
    15  annual care of the grave in the armed forces' burial plot to  which  the
    16  removal  is made shall be annually provided by the town or city in which
    17  the remains were originally buried, at the rate of not to exceed  twenty
    18  dollars  per grave, and shall be paid annually to the incorporated ceme-
    19  tery association to which the remains of each  deceased  member  of  the
    20  armed forces may be removed and reinterred. The petition and order shall
    21  be filed in the county clerk's office of the county in which the remains
    22  of the deceased member of the armed forces were originally interred, and
    23  the  service  of  a  certified copy of the final order upon the cemetery
    24  association shall be made prior to any  removal.  Any  relative  of  the
    25  deceased  member  or  members of the armed forces, or the officer of any
    26  cemetery association in which the remains  of  the  deceased  member  or
    27  members of the armed forces were originally interred, or the authorities
    28  of  the  county  in which the member or members of the armed forces were
    29  originally buried, may oppose the granting of said order and  the  judge
    30  shall summarily hear the statement of the parties and make such order as
    31  the  justice  and equity of the application shall require. Any headstone
    32  or monument which marks the grave of the deceased member  of  the  armed
    33  forces  shall be removed and reset at the grave in the cemetery in which
    34  the removal is permitted to be made and in each  case  the  final  order
    35  shall  provide  the amount of the expenses of such removals and reinter-
    36  ment and resetting of the headstone or monument, including the  expenses
    37  of  the  proceedings  under this section; except that where provision is
    38  otherwise made for the purchase or erection of a new headstone, monument
    39  or marker at the grave in the cemetery to which such removal is  permit-
    40  ted, such old headstone or monument need not be so removed and reset, in
    41  which  case such final order shall not provide for the expense of reset-
    42  ting. The order shall designate the person or persons having  charge  of
    43  the  removals and reinterments. Upon completion of the removal, reinter-
    44  ment and resetting of the headstones or monuments, the person or persons
    45  having charge of the same shall make a verified report of  the  removal,
    46  reinterment  and  resetting  of  the  headstone or monument and file the
    47  report in the clerk's office of the proper county. The words "member  of
    48  the armed forces" shall be construed to mean a member of the armed forc-
    49  es  who  served in the armed forces of the United States and who (5) was
    50  honorably discharged from such service, or (6) has a  qualifying  condi-
    51  tion, as defined in section [three hundred fifty] one of the [executive]
    52  veterans'  services  law,  and  has  received a discharge other than bad
    53  conduct or dishonorable from such service, or (7) is a  discharged  LGBT
    54  veteran,  as defined in section [three hundred fifty] one of the [execu-
    55  tive] veterans' services law, and has received a  discharge  other  than
    56  bad  conduct  or  dishonorable  from  such service, and the words "armed

        A. 8294--A                         88

     1  forces plot" shall be construed to mean a plot of land in  any  incorpo-
     2  rated cemetery set apart to be exclusively used as a place for interring
     3  the  remains  of  deceased  veterans  of  the armed forces of the United
     4  States.
     5    §  92.  Subdivision 2 of section 404-v of the vehicle and traffic law,
     6  as amended by chapter 490 of the laws of 2019, is  amended  to  read  as
     7  follows:
     8    2.  The distinctive plate authorized pursuant to this section shall be
     9  issued upon proof, satisfactory to the commissioner, that the  applicant
    10  is  a  veteran who served in the United States Naval Armed Guard and who
    11  (1) was honorably discharged from such service, or (2) has a  qualifying
    12  condition, as defined in section [three hundred fifty] one of the [exec-
    13  utive]  veterans'  services law, and has received a discharge other than
    14  bad conduct or dishonorable from such service, or (3)  is  a  discharged
    15  LGBT  veteran,  as  defined  in section [three hundred fifty] one of the
    16  [executive] veterans' services law, and has received a  discharge  other
    17  than bad conduct or dishonorable from such service.
    18    §  93.  Subdivision 3 of section 404-v of the vehicle and traffic law,
    19  as amended by section 19 of part AA of chapter 56 of the laws  of  2019,
    20  is amended to read as follows:
    21    3. A distinctive plate issued pursuant to this section shall be issued
    22  in  the same manner as other number plates upon the payment of the regu-
    23  lar registration fee prescribed by section  four  hundred  one  of  this
    24  article,  provided, however, that an additional annual service charge of
    25  fifteen dollars shall be charged for such  plate.  Such  annual  service
    26  charge  shall be deposited to the credit of the Eighth Air Force Histor-
    27  ical Society fund established pursuant to section ninety-five-f  of  the
    28  state  finance  law  and shall be used for veterans' counseling services
    29  provided by local veterans' service agencies pursuant to section  [three
    30  hundred  fifty-seven] fourteen of the [executive] veterans' services law
    31  under the direction of the [division] department of veterans'  services.
    32  Provided,  however,  that  one  year  after  the  effective date of this
    33  section funds in the amount of five thousand dollars, or so much thereof
    34  as may be available, shall be allocated  to  the  department  to  offset
    35  costs associated with the production of such license plates.
    36    §  94. Paragraphs (a) and (b) of subdivision 1 of section 404-w of the
    37  vehicle and traffic law, as amended by chapter 490 of the laws of  2019,
    38  are amended to read as follows:
    39    (a)  a  person  who served in the armed forces of the United States in
    40  the hostilities that occurred in the Persian Gulf from the eleventh  day
    41  of  September, two thousand one, to the end of such hostilities, who (i)
    42  was discharged therefrom under other than  dishonorable  conditions,  or
    43  (ii)  has  a  qualifying condition, as defined in section [three hundred
    44  fifty] one of the [executive] veterans' services law, and has received a
    45  discharge other than bad conduct or dishonorable from such  service,  or
    46  (iii) is a discharged LGBT veteran, as defined in section [three hundred
    47  fifty] one of the [executive] veterans' services law, and has received a
    48  discharge other than bad conduct or dishonorable from such service; or
    49    (b)  a  person  who served in the armed forces of the United States in
    50  the hostilities that occurred in Afghanistan from the  eleventh  day  of
    51  September, two thousand one, to the end of such hostilities, who (i) was
    52  discharged  therefrom  under other than dishonorable conditions, or (ii)
    53  has a qualifying condition, as defined in section [three hundred  fifty]
    54  one  of  the  [executive]  veterans'  services  law,  and has received a
    55  discharge other than bad conduct or dishonorable from such  service,  or
    56  (iii) is a discharged LGBT veteran, as defined in section [three hundred

        A. 8294--A                         89

     1  fifty] one of the [executive] veterans' services law, and has received a
     2  discharge other than bad conduct or dishonorable from such service.
     3    §  95.  Subdivision 3 of section 404-w of the vehicle and traffic law,
     4  as amended by chapter 490 of the laws of 2019, is  amended  to  read  as
     5  follows:
     6    3. For the purposes of this section, "Persian Gulf veteran" shall mean
     7  a person who is a resident of this state, who served in the armed forces
     8  of  the  United  States  in the hostilities that occurred in the Persian
     9  Gulf from the second day of August, nineteen hundred ninety to  the  end
    10  of such hostilities, and was (a) honorably discharged from the military,
    11  or  (b) has a qualifying condition, as defined in section [three hundred
    12  fifty] one of the [executive] veterans' services law, and has received a
    13  discharge other than bad conduct or dishonorable from such  service,  or
    14  (c)  is  a discharged LGBT veteran, as defined in section [three hundred
    15  fifty] one of the [executive] veterans' services law, and has received a
    16  discharge other than bad conduct or dishonorable from such service.
    17    § 96. Paragraphs (a) and (b) of subdivision 3 of section 404-y of  the
    18  vehicle  and traffic law, as amended by chapter 490 of the laws of 2019,
    19  are amended to read as follows:
    20    (a) "Veteran of the Iraq War" shall mean a person who is a resident of
    21  this state, who served in the armed forces of the United States  in  the
    22  hostilities that occurred in Iraq from the sixteenth day of October, two
    23  thousand two to the end of such hostilities who (i) was discharged ther-
    24  efrom  under other than dishonorable conditions or (ii) has a qualifying
    25  condition, as defined in section [three hundred fifty] one of the [exec-
    26  utive] veterans' services law, and has received a discharge  other  than
    27  bad  conduct or dishonorable from such service, or (iii) is a discharged
    28  LGBT veteran, as defined in section [three hundred  fifty]  one  of  the
    29  [executive]  veterans'  services law, and has received a discharge other
    30  than bad conduct or dishonorable from such service; and
    31    (b) "Veteran of the Afghanistan War" shall mean  a  person  who  is  a
    32  resident  of  this  state,  who served in the armed forces of the United
    33  States in the hostilities that occurred in Afghanistan from the  seventh
    34  day  of October, two thousand one to the end of such hostilities who (i)
    35  was discharged therefrom under other  than  dishonorable  conditions  or
    36  (ii)  has  a  qualifying condition, as defined in section [three hundred
    37  fifty] one of the [executive] veterans' services law, and has received a
    38  discharge other than bad conduct or dishonorable from such  service,  or
    39  (iii) is a discharged LGBT veteran, as defined in section [three hundred
    40  fifty] one of the [executive] veterans' services law, and has received a
    41  discharge other than bad conduct or dishonorable from such service.
    42    § 97. Paragraph (b) of subdivision 3 of section 490 of the vehicle and
    43  traffic  law,  as amended by chapter 490 of the laws of 2019, is amended
    44  to read as follows:
    45    (b) The identification card shall contain a distinguishing  number  or
    46  mark and adequate space upon which an anatomical gift, pursuant to arti-
    47  cle  forty-three of the public health law, by the holder may be recorded
    48  and shall contain such other information and shall  be  issued  in  such
    49  form as the commissioner shall determine; provided, however, every iden-
    50  tification  card  or renewal thereof issued to a person under the age of
    51  twenty-one years shall have prominently imprinted thereon the  statement
    52  "UNDER  21  YEARS  OF  AGE"  in  notably  distinctive  print  or format.
    53  Provided, further, however, that every identification card issued to  an
    54  applicant  who was a member of the armed forces of the United States and
    55  (i) received an honorable discharge  or  was  released  therefrom  under
    56  honorable  conditions, or (ii) has a qualifying condition, as defined in

        A. 8294--A                         90
 
     1  section [three hundred fifty] one of the [executive] veterans'  services
     2  law, and has received a discharge other than bad conduct or dishonorable
     3  from  such service, or (iii) is a discharged LGBT veteran, as defined in
     4  section  [three hundred fifty] one of the [executive] veterans' services
     5  law, and has received a discharge other than bad conduct or dishonorable
     6  from such service, shall, upon his or  her  request  and  submission  of
     7  proof  as  set forth herein, contain a distinguishing mark, in such form
     8  as the commissioner shall determine, indicating that  he  or  she  is  a
     9  veteran.  Such  proof  shall  consist  of  a  certificate  of release or
    10  discharge from active duty including but not limited to a DD Form 214 or
    11  other proof satisfactory to the commissioner. The commissioner shall not
    12  require fees for the issuance of such identification cards  or  renewals
    13  thereof  to  persons  under  twenty-one years of age which are different
    14  from the fees required for  the  issuance  of  identification  cards  or
    15  renewals thereof to persons twenty-one years of age or over, nor fees to
    16  persons  requesting  a  veteran  distinguishing mark which are different
    17  from fees that would otherwise  be  required.  Provided,  however,  that
    18  notwithstanding  the  provisions  of  section four hundred ninety-one of
    19  this article, the commissioner shall not require any fees for the dupli-
    20  cation or amendment of an identification card prior to  its  renewal  if
    21  such  duplication  or  amendment  was solely for the purpose of adding a
    22  veteran distinguishing mark to such identification card.
    23    § 98. Paragraph (a-1) of subdivision 1 of section 504 of  the  vehicle
    24  and  traffic  law,  as  amended  by  chapter 490 of the laws of 2019, is
    25  amended to read as follows:
    26    (a-1) Every license or renewal thereof issued to an applicant who  was
    27  a  member  of the armed forces of the United States and who (i) received
    28  an honorable discharge or was released therefrom under honorable  condi-
    29  tions,  or (ii) has a qualifying condition, as defined in section [three
    30  hundred fifty] one of the [executive] veterans' services  law,  and  has
    31  received  a  discharge  other than bad conduct or dishonorable from such
    32  service, or (iii) is a discharged LGBT veteran, as  defined  in  section
    33  [three hundred fifty] one of the [executive] veterans' services law, and
    34  has  received  a  discharge  other than bad conduct or dishonorable from
    35  such service, shall, upon his or her request and submission of proof  as
    36  set  forth  herein,  contain  a distinguishing mark, in such form as the
    37  commissioner shall determine, indicating that he or she  is  a  veteran.
    38  Such  proof  shall consist of a certificate of release or discharge from
    39  active duty including but not limited to a DD Form 214  or  other  proof
    40  satisfactory  to  the  commissioner.  The commissioner shall not require
    41  fees for the issuance of such licenses or renewals  thereof  to  persons
    42  requesting  a  veteran distinguishing mark which are different from fees
    43  otherwise  required;  provided,  however,   that   notwithstanding   the
    44  provisions  of this section, the commissioner shall not require fees for
    45  a duplication or amendment of a license prior to  its  renewal  if  such
    46  duplication  or amendment was solely for the purpose of adding a veteran
    47  distinguishing mark to such license.
    48    § 99. The second undesignated subparagraph of paragraph (a) of  subdi-
    49  vision  8  of section 15 of the workers' compensation law, as amended by
    50  chapter 490 of the laws of 2019, is amended to read as follows:
    51    Second: That any plan which will reasonably, equitably and practically
    52  operate to break down hindrances and remove obstacles to the  employment
    53  of  partially disabled persons who (i) are honorably discharged from our
    54  armed forces, or (ii) have a qualifying condition, as defined in section
    55  [three hundred fifty] one of the [executive] veterans' services law, and
    56  received a discharge other than bad conduct or  dishonorable  from  such

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     1  service,  or  (iii)  are discharged LGBT veterans, as defined in section
     2  [three hundred fifty] one of the [executive] veterans' services law, and
     3  received a discharge other than bad conduct or  dishonorable  from  such
     4  service, or any other physically handicapped persons, is of vital impor-
     5  tance to the state and its people and is of concern to this legislature;
     6    §  100. Transfer of powers of the division of veterans' services.  The
     7  functions and powers possessed by and all of the obligations and  duties
     8  of  the division of veterans' services, as established pursuant to arti-
     9  cle 17 of the executive law and other laws,  shall  be  transferred  and
    10  assigned  to, and assumed by and devolved upon, the department of veter-
    11  ans' services.
    12    § 101. Abolition of the  division  of  veterans'  services.  Upon  the
    13  transfer  pursuant  to this act of the functions and powers possessed by
    14  and all of the obligations and  duties  of  the  division  of  veterans'
    15  services, as established pursuant to article 17 of the executive law and
    16  other laws, the division of veterans' services shall be abolished.
    17    §  102. Continuity of authority of the division of veterans' services.
    18  Except as herein otherwise provided, upon the transfer pursuant to  this
    19  act of the functions and powers possessed by, and all of the obligations
    20  and duties of, the division of veterans' services, as established pursu-
    21  ant to article 17 of the executive law and other laws, to the department
    22  of  veterans'  services  as  prescribed  by this act, for the purpose of
    23  succession, all functions, powers, duties and obligations of the depart-
    24  ment of veterans' services shall be deemed and be held to constitute the
    25  continuation of such functions, powers, duties and obligations and not a
    26  different agency.
    27    § 103. Transfer of records of the division of veterans' services. Upon
    28  the transfer pursuant to this act of the functions and powers  possessed
    29  by  and  all  of the obligations and duties of the division of veterans'
    30  services, as established pursuant to article 17 of the executive law and
    31  other laws, to the department of veterans'  services  as  prescribed  by
    32  this  act,  all  books,  papers,  records and property pertaining to the
    33  division of veterans' services shall be transferred to and maintained by
    34  the department of veterans' services.
    35    § 104. Completion of unfinished business of the division of  veterans'
    36  services.  Upon  the  transfer pursuant to this act of the functions and
    37  powers possessed by and all of the obligations and duties of  the  divi-
    38  sion of veterans' services, as established pursuant to article 17 of the
    39  executive law and other laws, to the department of veterans' services as
    40  prescribed  by  this  act,  any  business  or other matter undertaken or
    41  commenced by  the  division  of  veterans'  services  pertaining  to  or
    42  connected  with  the functions, powers, obligations and duties so trans-
    43  ferred and assigned to the department  of  veterans'  services,  may  be
    44  conducted or completed by the department of veterans' services.
    45    §  105.  Terms  occurring  in laws, contracts or other documents of or
    46  pertaining to the division of  veterans'  services.  Upon  the  transfer
    47  pursuant to this act of the functions and powers possessed by and all of
    48  the  obligations  and  duties  of the division of veterans' services, as
    49  established pursuant to article 17 of the executive law and other  laws,
    50  as  prescribed  by this act, whenever the division of veterans' services
    51  and the commissioner thereof, the  functions,  powers,  obligations  and
    52  duties of which are transferred to the department of veterans' services,
    53  are  referred to or designated in any law, regulation, contract or docu-
    54  ment pertaining to the functions, powers, obligations and duties  trans-
    55  ferred  and assigned pursuant to this act, such reference or designation

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     1  shall be deemed to refer to the department of veterans' services and its
     2  commissioner.
     3    §  106. (a) Wherever the term "division of veterans' services" appears
     4  in the consolidated or unconsolidated laws of this state, such  term  is
     5  hereby changed to "department of veterans' services".
     6    (b)  The  legislative  bill  drafting commission is hereby directed to
     7  effectuate this provision, and  shall  be  guided  by  a  memorandum  of
     8  instruction  setting forth the specific provisions of law to be amended.
     9  Such memorandum shall be transmitted to the  legislative  bill  drafting
    10  commission  within sixty days of enactment of this provision. Such memo-
    11  randum shall be issued jointly by the governor, the temporary  president
    12  of  the  senate  and  the speaker of the assembly, or by the delegate of
    13  each.
    14    § 107. Existing rights and remedies of or pertaining to  the  division
    15  of  veterans'  services.   Upon the transfer pursuant to this act of the
    16  functions and powers possessed by and all of the obligations and  duties
    17  of  the division of veterans' services, as established pursuant to arti-
    18  cle 17 of the executive law and other laws, to the department of  veter-
    19  ans'  services as prescribed by this act, no existing right or remedy of
    20  the state, including the division of veterans' services, shall be  lost,
    21  impaired or affected by reason of this act.
    22    §  108.  Pending actions and proceedings of or pertaining to the divi-
    23  sion of veterans' services. Upon the transfer pursuant to  this  act  of
    24  the  functions  and  powers  possessed by and all of the obligations and
    25  duties of the division of veterans' services, as established pursuant to
    26  article 17 of the executive law and other laws,  to  the  department  of
    27  veterans'  services  as  prescribed by this act, no action or proceeding
    28  pending on the effective date of this act, brought  by  or  against  the
    29  division  of  veterans'  services  or  the commissioner thereof shall be
    30  affected by any provision of this act, but the same may be prosecuted or
    31  defended in the name of the  New  York  state  department  of  veterans'
    32  services.  In  all  such  actions  and  proceedings,  the New York state
    33  department of veterans' services, upon application to the  court,  shall
    34  be substituted as a party.
    35    §  109.  Continuation of rules and regulations of or pertaining to the
    36  division of veterans' services. Upon the transfer pursuant to  this  act
    37  of  the  functions  and  powers possessed by and all the obligations and
    38  duties of the division of veterans' services, as established pursuant to
    39  article 17 of the executive law and other laws,  to  the  department  of
    40  veterans'  services  as  prescribed by this act, all rules, regulations,
    41  acts, orders, determinations,  decisions,  licenses,  registrations  and
    42  charters  of the division of veterans' services, pertaining to the func-
    43  tions transferred and assigned by this act to the department  of  veter-
    44  ans'  services,  in  force  at  the  time  of such transfer, assignment,
    45  assumption or devolution shall continue in force and  effect  as  rules,
    46  regulations,  acts,  determinations  and  decisions of the department of
    47  veterans' services until duly modified or repealed.
    48    § 110. Transfer of appropriations heretofore made to the  division  of
    49  veterans' services.  Upon the transfer pursuant to this act of the func-
    50  tions  and  powers possessed by and all of the obligations and duties of
    51  the division of veterans' services, as established pursuant  to  article
    52  17  of  the executive law and other laws, to the department of veterans'
    53  services as prescribed by this act, all appropriations  and  reappropri-
    54  ations  which  shall  have  been  made  available as of the date of such
    55  transfer to the division of veterans' services or segregated pursuant to
    56  law, to the extent of  remaining  unexpended  or  unencumbered  balances

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     1  thereof, whether allocated or unallocated and whether obligated or unob-
     2  ligated, shall be transferred to and made available for use and expendi-
     3  ture  by  the  department  of veterans' services and shall be payable on
     4  vouchers  certified  or  approved  by  the  commissioner of taxation and
     5  finance, on audit and warrant of the comptroller.  Payments  of  liabil-
     6  ities  for  expenses  of  personnel  services, maintenance and operation
     7  which shall have been incurred as of the date of such  transfer  by  the
     8  division  of  veterans' services, and for liabilities incurred and to be
     9  incurred in completing its affairs shall also be made on vouchers certi-
    10  fied or approved by the commissioner of veterans' services, on audit and
    11  warrant of the comptroller.
    12    § 111. Transfer of employees. Upon the transfer pursuant to  this  act
    13  of  the  functions  and  powers  possessed by and all of the division of
    14  veterans' services, as established pursuant to article 17 of the  execu-
    15  tive  law  and  other  laws,  to the department of veterans' services as
    16  prescribed by this act, provision shall be made for the transfer of  all
    17  employees from the division of veterans' services into the department of
    18  veterans' services.  Employees so transferred shall be transferred with-
    19  out  further  examination or qualification to the same or similar titles
    20  and shall remain in the  same  collective  bargaining  units  and  shall
    21  retain their respective civil service classifications, status and rights
    22  pursuant  to their collective bargaining units and collective bargaining
    23  agreements.
    24    § 112. Severability. If any clause, sentence,  paragraph,  section  or
    25  part  of  this act shall be adjudged by any court of competent jurisdic-
    26  tion to be invalid, such judgment shall not affect, impair or invalidate
    27  the remainder thereof, but shall be confined in  its  operation  to  the
    28  clause,  sentence,  paragraph, section or part thereof directly involved
    29  in the controversy in which such judgment shall have been rendered.
    30    § 113. This act shall take effect on the  one  hundred  eightieth  day
    31  after it shall have become a law; provided, however, that the amendments
    32  to  subdivision  (l)  of  section 7.09 of the mental hygiene law made by
    33  section fifteen of this act shall not affect the repeal of such subdivi-
    34  sion and shall be deemed repealed therewith; and provided  further  that
    35  the  amendments  to  paragraph j of subdivision 1 and subdivisions 6 and
    36  6-d of section 163 of the state finance law made by section twenty-eight
    37  of this act shall not affect the repeal of such  section  and  shall  be
    38  deemed to be repealed therewith; and provided further, that if section 2
    39  of part AA of chapter 56 of the laws of 2021 shall not have taken effect
    40  on  or  before  such  date,  then  section thirty of this act shall take
    41  effect on the same date and in the same manner as such  chapter  of  the
    42  laws  of 2021, takes effect; and provided further that the amendments to
    43  subdivision 3 of section 103-a of  the  state  technology  law  made  by
    44  section  thirty-one  of  this  act  shall  not affect the repeal of such
    45  section and shall be deemed  to  be  repealed  therewith;  and  provided
    46  further,  that if   chapter 609 of the laws of 2021 shall not have taken
    47  effect on or before such date, then section seventy-eight  of  this  act
    48  shall  take effect on the same date and in the same manner as such chap-
    49  ter of the laws of 2021 takes effect.  Effective immediately, the  addi-
    50  tion,  amendment  and/or  repeal of any rule or regulation necessary for
    51  the implementation of this act on its effective date are  authorized  to
    52  be made on or before such date.
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