STATE OF NEW YORK ________________________________________________________________________ 8097 2019-2020 Regular Sessions IN ASSEMBLY May 31, 2019 ___________ Introduced by M. of A. BARRETT -- read once and referred to the Commit- tee on Veterans' Affairs AN ACT to amend the executive law, the civil service law, the county law, the economic development law, the education law, the election law, the general construction law, the general municipal law, the military law, the correction law, the environmental conservation law, the general business law, the highway law, the insurance law, the judiciary law, the private housing finance law, the public health law, the public housing law, the public officers law, the real property tax law, the social services law, the tax law, the town law, the vehicle and traffic law, and the workers' compensation law, in relation to veterans with qualifying conditions and discharged LGBT veterans The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 350 of the executive law is amended by adding two 2 new subdivisions 8 and 9 to read as follows: 3 8. The term "qualifying condition" means a diagnosis of post-traumatic 4 stress disorder or traumatic brain injury made by, or an experience of 5 military sexual trauma, as described in 38 USC 1720D, as amended from 6 time to time, disclosed to, an individual licensed to provide health 7 care services at a United States Department of Veterans Affairs facili- 8 ty. The division shall develop a standardized form used to confirm that 9 the veteran has a qualifying condition under this subdivision. 10 9. The term "discharged LGBT veteran" means a veteran who was 11 discharged less than honorably from military or naval service due to 12 their sexual orientation or gender identity or expression, as those 13 terms are defined in section two hundred ninety-two of this chapter, or 14 statements, consensual sexual conduct, or consensual acts relating to 15 sexual orientation, gender identity or expression, or the disclosure of 16 such statements, conduct, or acts, that were prohibited by the military 17 or naval service at the time of discharge. The division shall establish EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD13157-01-9

A. 8097 2 1 a consistent and uniform process to determine whether a veteran quali- 2 fies as a discharged LGBT veteran under this subdivision, including, at 3 a minimum, standards for verifying a veteran's status as a discharged 4 LGBT veteran, and a method of demonstrating eligibility as a discharged 5 LGBT veteran. 6 § 2. Paragraph (b) of subdivision 5 of section 50 of the civil service 7 law, as amended by chapter 35 of the laws of 2018, is amended to read as 8 follows: 9 (b) Notwithstanding the provisions of paragraph (a) of this subdivi- 10 sion, the state civil service department, subject to the approval of the 11 director of the budget, a municipal commission, subject to the approval 12 of the governing board or body of the city or county, as the case may 13 be, or a regional commission or personnel officer, pursuant to govern- 14 mental agreement, may elect to waive application fees, or to abolish 15 fees for specific classes of positions or types of examinations or 16 candidates, or to establish a uniform schedule of reasonable fees 17 different from those prescribed in paragraph (a) of this subdivision, 18 specifying in such schedule the classes of positions or types of exam- 19 inations or candidates to which such fees shall apply; provided, howev- 20 er, that fees shall be waived for candidates who certify to the state 21 civil service department, a municipal commission or a regional commis- 22 sion that they are unemployed and primarily responsible for the support 23 of a household, or are receiving public assistance. Provided further, 24 the state civil service department shall waive the state application fee 25 for examinations for original appointment for all veterans. Notwith- 26 standing any other provision of law, for purposes of this section, the 27 term "veteran" shall mean a person who has served in the armed forces of 28 the United States or the reserves thereof, or in the army national 29 guard, air national guard, New York guard, or the New York naval mili- 30 tia, and who (1) has been honorably discharged or released from such 31 service under honorable conditions, or (2) has a qualifying condition, 32 as defined in section three hundred fifty of the executive law, and has 33 received a discharge other than bad conduct or dishonorable from such 34 service, or (3) is a discharged LGBT veteran, as defined in section 35 three hundred fifty of the executive law, and has received a discharge 36 other than bad conduct or dishonorable from such service. The term 37 "armed forces" shall mean the army, navy, air force, marine corps, and 38 coast guard. 39 § 3. Paragraph (b) of subdivision 1 of section 75 of the civil service 40 law, as amended by chapter 350 of the laws of 1989, is amended to read 41 as follows: 42 (b) a person holding a position by permanent appointment or employment 43 in the classified service of the state or in the several cities, coun- 44 ties, towns, or villages thereof, or in any other political or civil 45 division of the state or of a municipality, or in the public school 46 service, or in any public or special district, or in the service of any 47 authority, commission or board, or in any other branch of public 48 service, who was honorably discharged or released under honorable 49 circumstances from the armed forces of the United States including (i) 50 having a qualifying condition as defined in section three hundred fifty 51 of the executive law, and receiving a discharge other than bad conduct 52 or dishonorable from such service, or (ii) being a discharged LGBT 53 veteran, as defined in section three hundred fifty of the executive law, 54 and receiving a discharge other than bad conduct or dishonorable from 55 such service, having served therein as such member in time of war as 56 defined in section eighty-five of this chapter, or who is an exempt

A. 8097 3 1 volunteer firefighter as defined in the general municipal law, except 2 when a person described in this paragraph holds the position of private 3 secretary, cashier or deputy of any official or department, or 4 § 4. Paragraph (a) of subdivision 1 of section 85 of the civil service 5 law, as amended by chapter 333 of the laws of 1993, is amended to read 6 as follows: 7 (a) The terms "veteran" and "non-disabled veteran" mean a member of 8 the armed forces of the United States who served therein in time of war, 9 who was honorably discharged or released under honorable circumstances 10 from such service including (i) having a qualifying condition as defined 11 in section three hundred fifty of the executive law, and receiving a 12 discharge other than bad conduct or dishonorable from such service, or 13 (ii) being a discharged LGBT veteran, as defined in section three 14 hundred fifty of the executive law, and receiving a discharge other than 15 bad conduct or dishonorable from such service, who is a citizen of the 16 United States or an alien lawfully admitted for permanent residence in 17 the United States and who is a resident of the state of New York at the 18 time of application for appointment or promotion or at the time of 19 retention, as the case may be. 20 § 5. Subparagraph 2 of paragraph (b) of subdivision 1 of section 85 of 21 the civil service law, as amended by chapter 616 of the laws of 1995, is 22 amended to read as follows: 23 (2) A veteran who served in world war II, who continued to serve in 24 the armed forces of the United States after the second day of September, 25 nineteen hundred forty-five, or who 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 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,~~] circumstances or (ii) 47 has a qualifying condition, as defined in section three hundred fifty of 48 the executive law, and has received a discharge other than bad conduct 49 or dishonorable from such service, or (iii) is a discharged LGBT veter- 50 an, as defined in section three hundred fifty of the executive law, and 51 has received a discharge other than bad conduct or dishonorable from 52 such service, or who served as a United States civilian Flight Crew and 53 Aviation Ground Support Employee of Pan American World Airways or one of 54 its subsidiaries or its affiliates and served overseas as a result of 55 Pan American's contract with Air Transport Command or Naval Air Trans- 56 port Service during the period of armed conflict, December fourteenth,

A. 8097 4 1 nineteen hundred forty-one through August fourteenth, nineteen hundred 2 forty-five, and who (iv) was discharged or released therefrom under 3 honorable [~~conditions,~~] circumstances or (v) has a qualifying condition, 4 as defined in section three hundred fifty of the executive law, and has 5 received a discharge other than bad conduct or dishonorable from such 6 service, or (vi) is a discharged LGBT veteran, as defined in section 7 three hundred fifty of the executive law, and has received a discharge 8 other than bad conduct or dishonorable from such service, and who is 9 certified, as hereinbefore provided, by the United States veterans' 10 administration as receiving disability payments upon the certification 11 of such veterans' administration for a disability incurred by him in 12 such service on or before the date that world war II is declared termi- 13 nated. 14 § 6. Section 86 of the civil service law, as amended by chapter 476 of 15 the laws of 2018, is amended to read as follows: 16 § 86. Transfer of veterans or exempt volunteer firefighters upon abol- 17 ition of positions. If the position in the non-competitive or in the 18 labor class held by any honorably discharged veteran of the armed forces 19 of the United States or by any veteran of the armed forces of the United 20 States released under honorable circumstances from such service includ- 21 ing (i) having a qualifying condition as defined in section three 22 hundred fifty of the executive law, and receiving a discharge other than 23 bad conduct or dishonorable from such service, or (ii) being a 24 discharged LGBT veteran, as defined in section three hundred fifty of 25 the executive law, and receiving a discharge other than bad conduct or 26 dishonorable from such service, who served therein in time of war as 27 defined in section eighty-five of this chapter, or by an exempt volun- 28 teer firefighter as defined in the general municipal law, shall become 29 unnecessary or be abolished for reasons of economy or otherwise, the 30 honorably discharged veteran or exempt volunteer firefighter holding 31 such position shall not be discharged from the public service but shall 32 be transferred to a similar position wherein a vacancy exists, and shall 33 receive the same compensation therein. It is hereby made the duty of all 34 persons clothed with the power of appointment to make such transfer 35 effective. The right to transfer herein conferred shall continue for a 36 period of one year following the date of abolition of the position, and 37 may be exercised only where a vacancy exists in an appropriate position 38 to which transfer may be made at the time of demand for transfer. Where 39 the positions of more than one such veteran or exempt volunteer fire- 40 fighter are abolished and a lesser number of vacancies in similar posi- 41 tions exist to which transfer may be made, the veterans or exempt volun- 42 teer firefighters whose positions are abolished shall be entitled to 43 transfer to such vacancies in the order of their original appointment in 44 the service. Nothing in this section shall be construed to apply to the 45 position of private secretary, cashier or deputy of any official or 46 department. This section shall have no application to persons encom- 47 passed by section eighty-a of this chapter. 48 § 7. Section 831 of the county law, as added by chapter 653 of the 49 laws of 1986, is amended to read as follows: 50 § 831. Soldier burial plots in Dutchess county. The legislature of the 51 county of Dutchess may authorize the purchase of burial plots and 52 provide for marker settings and perpetual care and maintenance of such 53 plots in one or more of the cemeteries of the county of Dutchess for 54 deceased veterans, who, at the time of death, were residents of the 55 county of Dutchess and who (i) were discharged from the armed forces of 56 the United States either honorably or under honorable circumstances, or

A. 8097 5 1 (ii) had a qualifying condition, as defined in section three hundred 2 fifty of the executive law, and received a discharge other than bad 3 conduct or dishonorable, or (iii) were a discharged LGBT veteran, as 4 defined in section three hundred fifty of the executive law, and 5 received a discharge other than bad conduct or dishonorable. The expense 6 thereof shall be a county charge. 7 § 8. Subdivision 6 of section 210 of the economic development law, as 8 added by chapter 398 of the laws of 2018, is amended to read as follows: 9 6. "Veteran" shall mean a person who served in [~~and who has received~~ 10 ~~an honorable or general discharge from,~~] the United States army, navy, 11 air force, marines, coast guard, and/or reserves thereof, and/or in the 12 army national guard, air national guard, New York guard and/or New York 13 naval militia and who (a) has received an honorable or general discharge 14 from such service, or (b) has a qualifying condition, as defined in 15 section three hundred fifty of the executive law, and has received a 16 discharge other than bad conduct or dishonorable from such service, or 17 (c) is a discharged LGBT veteran, as defined in section three hundred 18 fifty of the executive law, and has received a discharge other than bad 19 conduct or dishonorable from such service. 20 § 9. Paragraph c of subdivision 1 of section 360 of the education law, 21 as amended by chapter 699 of the laws of 2005, is amended to read as 22 follows: 23 c. Adopt and enforce campus rules and regulations not inconsistent 24 with the vehicle and traffic law relating to parking, vehicular and 25 pedestrian traffic, and safety. Such rules and regulations may include 26 provisions for the disposition of abandoned vehicles, removal by towing 27 or otherwise of vehicles parked in violation of such rules at the 28 expense of the owner, the payment of fees for the registration or park- 29 ing of such vehicles, provided that such campus rules and regulations 30 may provide that any veteran attending the state university as a student 31 shall be exempt from any fees for parking or registering a motor vehi- 32 cle, and the assessment of administrative fines upon the owner or opera- 33 tor of such vehicles for each violation of the regulations. However, no 34 such fine may be imposed without a hearing or an opportunity to be heard 35 conducted by an officer or board designated by the board of trustees. 36 Such fines, in the case of an officer or employee of state university, 37 may be deducted from the salary or wages of such officer or employee 38 found in violation of such regulations, or in the case of a student of 39 state university found in violation of such regulations, the university 40 may withhold his grades and transcripts until such time as any fine is 41 paid. For purposes of this subdivision, the term "veteran" shall mean a 42 member of the armed forces of the United States who served in such armed 43 forces in time of war and who (i) was honorably discharged or released 44 under honorable circumstances from such service, or (ii) has a qualify- 45 ing condition, as defined in section three hundred fifty of the execu- 46 tive law, and has received a discharge other than bad conduct or 47 dishonorable from such service, or (iii) is a discharged LGBT veteran, 48 as defined in section three hundred fifty of the executive law, and has 49 received a discharge other than bad conduct or dishonorable from such 50 service. 51 § 10. The opening paragraph of subdivision 6 of section 503 of the 52 education law, as amended by chapter 616 of the laws of 1995, is amended 53 to read as follows: 54 Credit for service in war after world war I, which shall mean military 55 service during the period commencing the first day of July, nineteen 56 hundred forty, and terminating the thirtieth day of June, nineteen

A. 8097 6 1 hundred forty-seven, or during the period commencing the twenty-seventh 2 day of June, nineteen hundred fifty, and terminating the thirty-first 3 day of January, nineteen hundred fifty-five, or during both such peri- 4 ods, as a member of the armed forces of the United States, of any person 5 who (i) has been honorably discharged or released under honorable 6 circumstances from such service, or (ii) has a qualifying condition, as 7 defined in section three hundred fifty of the executive law, and has 8 received a discharge other than bad conduct or dishonorable from such 9 service, or (iii) is a discharged LGBT veteran, as defined in section 10 three hundred fifty of the executive law, and has received a discharge 11 other than bad conduct or dishonorable from such service, or service by 12 one who was employed by the War Shipping Administration or Office of 13 Defense Transportation or their agents as a merchant seaman documented 14 by the United States Coast Guard or Department of Commerce, or as a 15 civil servant employed by the United States Army Transport Service 16 (later redesignated as the United States Army Transportation Corps, 17 Water Division) or the Naval Transportation Service; and who served 18 satisfactorily as a crew member during the period of armed conflict, 19 December seventh, nineteen hundred forty-one, to August fifteenth, nine- 20 teen hundred forty-five, aboard merchant vessels in oceangoing, i.e., 21 foreign, intercoastal, or coastwise service as such terms are defined 22 under federal law (46 USCA 10301 & 10501) and further to include "near 23 foreign" voyages between the United States and Canada, Mexico, or the 24 West Indies via ocean routes, or public vessels in oceangoing service or 25 foreign waters and who has received a Certificate of Release or 26 Discharge from Active Duty and a discharge certificate, or an Honorable 27 Service Certificate/Report of Casualty, from the Department of Defense 28 or who served as a United States civilian employed by the American Field 29 Service and served overseas under United States Armies and United States 30 Army Groups in world war II during the period of armed conflict, Decem- 31 ber seventh, nineteen hundred forty-one through May eighth, nineteen 32 hundred forty-five, and (iv) who was discharged or released therefrom 33 under honorable conditions, or (v) has a qualifying condition, as 34 defined in section three hundred fifty of the executive law, and has 35 received a discharge other than bad conduct or dishonorable from such 36 service, or (vi) is a discharged LGBT veteran, as defined in section 37 three hundred fifty of the executive law, and has received a discharge 38 other than bad conduct or dishonorable from such service, or who served 39 as a United States civilian Flight Crew and Aviation Ground Support 40 Employee of Pan American World Airways or one of its subsidiaries or its 41 affiliates and served overseas as a result of Pan American's contract 42 with Air Transport Command or Naval Air Transport Service during the 43 period of armed conflict, December fourteenth, nineteen hundred forty- 44 one through August fourteenth, nineteen hundred forty-five, and who 45 (vii) was discharged or released therefrom under honorable conditions, 46 or (viii) has a qualifying condition, as defined in section three 47 hundred fifty of the executive law, and has received a discharge other 48 than bad conduct or dishonorable from such service, or (ix) is a 49 discharged LGBT veteran, as defined in section three hundred fifty of 50 the executive law, and has received a discharge other than bad conduct 51 or dishonorable from such service, and who was a teacher in the public 52 schools of this state at the time of his entrance into the armed forces 53 of the United States, provided no compensation was received under the 54 provisions of section two hundred forty-two of the military law, and who 55 returned to public school teaching following discharge or completion of 56 advanced education provided under servicemen's readjustment act of nine-

A. 8097 7 1 teen hundred forty-four, or who following such discharge or release 2 entered into a service which would qualify him pursuant to section 3 forty-three of the retirement and social security law to transfer his 4 membership in the New York state teachers' retirement system, shall be 5 provided as follows, any provisions of section two hundred forty-three 6 of the military law to the contrary notwithstanding. 7 § 11. Subdivision 7 of section 503 of the education law, as amended by 8 chapter 40 of the laws of 1967, is amended to read as follows: 9 7. A teacher, who was a member of the New York state teachers retire- 10 ment system but who withdrew his accumulated contributions immediately 11 prior to his entry into, or during his service in the armed forces of 12 the United States in war after World War I, who (i) has been honorably 13 discharged or released from service, or (ii) has a qualifying condition, 14 as defined in section three hundred fifty of the executive law, and has 15 received a discharge other than bad conduct or dishonorable from such 16 service, or (iii) is a discharged LGBT veteran, as defined in section 17 three hundred fifty of the executive law, and has received a discharge 18 other than bad conduct or dishonorable from such service, provided no 19 compensation was received under the provisions of section two hundred 20 forty-two of the military law, and who returned to public school teach- 21 ing in the state of New York following such discharge or release, or 22 following completion of advanced education provided under servicemen's 23 readjustment act of nineteen hundred forty-four, any provisions of 24 section two hundred forty-three of the military law to the contrary 25 notwithstanding, will be entitled to credit for service in war after 26 World War I, cost free, provided, however, that such credit will not be 27 allowed until he claims and pays for all prior teaching service credited 28 to him at the time of his termination of membership in the New York 29 state teachers retirement system, and provided further that claim for 30 such service in war after World War I shall be filed by the member with 31 the retirement board before the first day of July, nineteen hundred 32 sixty-eight. 33 § 12. Paragraph c of subdivision 9 of section 503 of the education 34 law, as added by chapter 801 of the laws of 1962 and as renumbered by 35 chapter 41 of the laws of 1966, is amended to read as follows: 36 c. (i) has been honorably discharged or released under honorable 37 circumstances from such service, or (ii) has a qualifying condition, as 38 defined in section three hundred fifty of the executive law, and has 39 received a discharge other than bad conduct or dishonorable from such 40 service, or (iii) is a discharged LGBT veteran, as defined in section 41 three hundred fifty of the executive law, and has received a discharge 42 other than bad conduct or dishonorable from such service, and 43 § 13. Paragraph a of subdivision 10 of section 503 of the education 44 law, as amended by chapter 616 of the laws of 1995, is amended to read 45 as follows: 46 a. In addition to credit for military service pursuant to section two 47 hundred forty-three of the military law and subdivisions six through 48 nine of this section, a member employed as a full-time teacher by an 49 employer as defined in subdivision three of section five hundred one of 50 [~~the education law~~] this article and who joined the retirement system 51 prior to July first, nineteen hundred seventy-three, may obtain credit 52 for military service not in excess of three years and not otherwise 53 creditable under section two hundred forty-three of the military law and 54 subdivisions six through nine of this section, rendered on active duty 55 in the armed forces of the United States during the period commencing 56 July first, nineteen hundred forty, and terminating December thirty-

A. 8097 8 1 first, nineteen hundred forty-six, or on service by one who was employed 2 by the War Shipping Administration or Office of Defense Transportation 3 or their agents as a merchant seaman documented by the United States 4 Coast Guard or Department of Commerce, or as a civil servant employed by 5 the United States Army Transport Service (later redesignated as the 6 United States Army Transportation Corps, Water Division) or the Naval 7 Transportation Service; and who served satisfactorily as a crew member 8 during the period of armed conflict, December seventh, nineteen hundred 9 forty-one, to August fifteenth, nineteen hundred forty-five, aboard 10 merchant vessels in oceangoing, i.e., foreign, intercoastal, or coast- 11 wise service as such terms are defined under federal law (46 USCA 10301 12 & 10501) and further to include "near foreign" voyages between the 13 United States and Canada, Mexico, or the West Indies via ocean routes, 14 or public vessels in oceangoing service or foreign waters and who has 15 received a Certificate of Release or Discharge from Active Duty and a 16 discharge certificate, or an Honorable Service Certificate/Report of 17 Casualty, from the Department of Defense or on service by one who served 18 as a United States civilian employed by the American Field Service and 19 served overseas under United States Armies and United States Army Groups 20 in world war II during the period of armed conflict, December seventh, 21 nineteen hundred forty-one through May eighth, nineteen hundred forty- 22 five, and who (i) was discharged or released therefrom under honorable 23 conditions, or (ii) has a qualifying condition, as defined in section 24 three hundred fifty of the executive law, and has received a discharge 25 other than bad conduct or dishonorable from such service, or (iii) is a 26 discharged LGBT veteran, as defined in section three hundred fifty of 27 the executive law, and has received a discharge other than bad conduct 28 or dishonorable from such service, or on service by one who served as a 29 United States civilian Flight Crew and Aviation Ground Support Employee 30 of Pan American World Airways or one of its subsidiaries or its affil- 31 iates and served overseas as a result of Pan American's contract with 32 Air Transport Command or Naval Air Transport Service during the period 33 of armed conflict, December fourteenth, nineteen hundred forty-one 34 through August fourteenth, nineteen hundred forty-five, and who (iv) was 35 discharged or released therefrom under honorable conditions, or (v) has 36 a qualifying condition, as defined in section three hundred fifty of the 37 executive law, and has received a discharge other than bad conduct or 38 dishonorable from such service, or (vi) is a discharged LGBT veteran, as 39 defined in section three hundred fifty of the executive law, and has 40 received a discharge other than bad conduct or dishonorable from such 41 service, by a person who was a resident of New York state at the time of 42 entry into such service and at the time of being discharged therefrom 43 under honorable circumstances, and who makes the payments required in 44 accordance with the provisions of this subdivision. 45 However, no military service shall be creditable under this subdivi- 46 sion in the case of a member who is receiving a military pension (other 47 than for disability) for military service in the armed forces of the 48 United States. 49 § 14. Paragraph a of subdivision 10-a of section 503 of the education 50 law, as amended by chapter 616 of the laws of 1995, is amended to read 51 as follows: 52 a. In addition to credit for military service pursuant to section two 53 hundred forty-three of the military law and subdivisions six through 54 nine of this section, a member who joined the retirement system prior to 55 July first, nineteen hundred seventy-three, and who was not eligible for 56 credit for military service under subdivision ten of this section as a

A. 8097 9 1 result of being on a leave of absence without pay between July twenti- 2 eth, nineteen hundred seventy-six and October fifteenth, nineteen 3 hundred seventy-seven or on leave of absence with less than full pay 4 between July twentieth, nineteen hundred seventy-six and October 5 fifteenth, nineteen hundred seventy-seven, may obtain credit for mili- 6 tary service not in excess of three years and not otherwise creditable 7 under section two hundred forty-three of the military law and subdivi- 8 sions six through nine of this section, rendered on active duty in the 9 armed forces of the United States during the period commencing July 10 first, nineteen hundred forty, and terminating December thirty-first, 11 nineteen hundred forty-six, or on service by one who was employed by the 12 War Shipping Administration or Office of Defense Transportation or their 13 agents as a merchant seaman documented by the United States Coast Guard 14 or Department of Commerce, or as a civil servant employed by the United 15 States Army Transport Service (later redesignated as the United States 16 Army Transportation Corps, Water Division) or the Naval Transportation 17 Service; and who served satisfactorily as a crew member during the peri- 18 od of armed conflict, December seventh, nineteen hundred forty-one, to 19 August fifteenth, nineteen hundred forty-five, aboard merchant vessels 20 in oceangoing, i.e., foreign, intercoastal, or coastwise service as such 21 terms are defined under federal law (46 USCA 10301 & 10501) and further 22 to include "near foreign" voyages between the United States and Canada, 23 Mexico, or the West Indies via ocean routes, or public vessels in ocean- 24 going service or foreign waters and who has received a Certificate of 25 Release or Discharge from Active Duty and a discharge certificate, or an 26 Honorable Service Certificate/Report of Casualty, from the Department of 27 Defense, or on service by one who served as a United States civilian 28 employed by the American Field Service and served overseas under United 29 States Armies and United States Army Groups in world war II during the 30 period of armed conflict, December seventh, nineteen hundred forty-one 31 through May eighth, nineteen hundred forty-five, and who (i) was 32 discharged or released therefrom under honorable conditions, or (ii) has 33 a qualifying condition, as defined in section three hundred fifty of the 34 executive law, and has received a discharge other than bad conduct or 35 dishonorable from such service, or (iii) is a discharged LGBT veteran, 36 as defined in section three hundred fifty of the executive law, and has 37 received a discharge other than bad conduct or dishonorable from such 38 service, or on service by one who served as a United States civilian 39 Flight Crew and Aviation Ground Support Employee of Pan American World 40 Airways or one of its subsidiaries or its affiliates and served overseas 41 as a result of Pan American's contract with Air Transport Command or 42 Naval Air Transport Service during the period of armed conflict, Decem- 43 ber fourteenth, nineteen hundred forty-one through August fourteenth, 44 nineteen hundred forty-five, and who (iv) was discharged or released 45 therefrom under honorable conditions, or (v) has a qualifying condition, 46 as defined in section three hundred fifty of the executive law, and has 47 received a discharge other than bad conduct or dishonorable from such 48 service, or (vi) is a discharged LGBT veteran, as defined in section 49 three hundred fifty of the executive law, and has received a discharge 50 other than bad conduct or dishonorable from such service, by a person 51 who was a resident of New York state at the time of entry into such 52 service and at the time of being discharged therefrom under honorable 53 circumstances, and who makes the payments required in accordance with 54 the provisions of this subdivision. 55 However, no military service shall be creditable under this subdivi- 56 sion in the case of a member who is receiving a military pension (other

A. 8097 10 1 than for disability) for military service in the armed forces of the 2 United States. 3 § 15. Paragraph (b) of subdivision 1 of section 668 of the education 4 law, as amended by chapter 616 of the laws of 1995, is amended to read 5 as follows: 6 (b) December seven, nineteen hundred forty-one to December thirty-one, 7 nineteen hundred forty-six, or have been employed by the War Shipping 8 Administration or Office of Defense Transportation or their agents as a 9 merchant seaman documented by the United States Coast Guard or Depart- 10 ment of Commerce, or as a civil servant employed by the United States 11 Army Transport Service (later redesignated as the United States Army 12 Transportation Corps, Water Division) or the Naval Transportation 13 Service; and who served satisfactorily as a crew member during the peri- 14 od of armed conflict, December seventh, nineteen hundred forty-one, to 15 August fifteenth, nineteen hundred forty-five, aboard merchant vessels 16 in oceangoing, i.e., foreign, intercoastal, or coastwise service as such 17 terms are defined under federal law (46 USCA 10301 & 10501) and further 18 to include "near foreign" voyages between the United States and Canada, 19 Mexico, or the West Indies via ocean routes, or public vessels in ocean- 20 going service or foreign waters and who has received a Certificate of 21 Release or Discharge from Active Duty and a discharge certificate, or an 22 Honorable Service Certificate/Report of Casualty, from the Department of 23 Defense or have served as a United States civilian employed by the Amer- 24 ican Field Service and served overseas under United States Armies and 25 United States Army Groups in world war II during the period of armed 26 conflict, December seventh, nineteen hundred forty-one through May 27 eighth, nineteen hundred forty-five, and who (i) was discharged or 28 released therefrom under honorable conditions, or (ii) has a qualifying 29 condition, as defined in section three hundred fifty of the executive 30 law, and has received a discharge other than bad conduct or dishonorable 31 from such service, or (iii) is a discharged LGBT veteran, as defined in 32 section three hundred fifty of the executive law, and has received a 33 discharge other than bad conduct or dishonorable from such service, or 34 have served as a United States civilian Flight Crew and Aviation Ground 35 Support Employee of Pan American World Airways or one of its subsid- 36 iaries or its affiliates and served overseas as a result of Pan Ameri- 37 can's contract with Air Transport Command or Naval Air Transport Service 38 during the period of armed conflict, December fourteenth, nineteen 39 hundred forty-one through August fourteenth, nineteen hundred forty- 40 five, and who (iv) was discharged or released therefrom under honorable 41 conditions, or (v) has a qualifying condition, as defined in section 42 three hundred fifty of the executive law, and has received a discharge 43 other than bad conduct or dishonorable from such service, or (vi) is a 44 discharged LGBT veteran, as defined in section three hundred fifty of 45 the executive law, and has received a discharge other than bad conduct 46 or dishonorable from such service. 47 § 16. Paragraph (b) of subdivision 2 of section 668 of the education 48 law, as amended by chapter 390 of the laws of 1995, is amended to read 49 as follows: 50 (b) (i) is an honorably discharged veteran of the United States or 51 member of the armed forces of the United States, or (ii) has a qualify- 52 ing condition, as defined in section three hundred fifty of the execu- 53 tive law, and has received a discharge other than bad conduct or 54 dishonorable from such service, or (iii) is a discharged LGBT veteran, 55 as defined in section three hundred fifty of the executive law, and has 56 received a discharge other than bad conduct or dishonorable from such

A. 8097 11 1 service, who is a resident of the state of New York, and who has a 2 current disability of forty percent or more as a result of an injury or 3 illness which is incurred or was incurred during such military service; 4 or 5 § 17. Subdivision 1 of section 668-c of the education law, as added by 6 chapter 474 of the laws of 2000, is amended to read as follows: 7 1. Eligible students. Awards shall be made to Vietnam veterans' resi- 8 dent children born with Spina Bifida enrolled in approved undergraduate 9 or graduate programs at degree granting institutions. For the purpose of 10 this section, "Vietnam veteran" shall mean a person who served in Indo- 11 china at any time from the twenty-second day of December, nineteen 12 hundred sixty-one, to and including the seventh day of May, nineteen 13 hundred seventy-five and (a) was honorably discharged from the armed 14 forces of the United States, or (b) has a qualifying condition, as 15 defined in section three hundred fifty of the executive law, and has 16 received a discharge other than bad conduct or dishonorable from the 17 armed forces of the United States, or (c) is a discharged LGBT veteran, 18 as defined in section three hundred fifty of the executive law, and has 19 received a discharge other than bad conduct or dishonorable from the 20 armed forces of the United States; "born with Spina Bifida" shall mean a 21 diagnosis at birth of such disease inclusive of all forms, manifesta- 22 tions, complications and associated medical conditions thereof, but 23 shall not include Spina Bifida Occulta. Such diagnosis shall be in 24 accordance with the provisions of the federal Spina Bifida program and 25 shall be documented by the United States Administration of Veterans' 26 Affairs. 27 § 18. Subdivision 1 of section 669-a of the education law, as amended 28 by section 2 of part N of chapter 57 of the laws of 2008, is amended to 29 read as follows: 30 1. As used in this section, the following terms shall have the follow- 31 ing meanings: 32 a. "Vietnam veteran" means (i) a person who is a resident of this 33 state, (ii) who served in the armed forces of the United States in Indo- 34 china at any time from the twenty-eighth day of February, nineteen 35 hundred sixty-one, to and including the seventh day of May, nineteen 36 hundred seventy-five, and (iii) who was either discharged therefrom 37 under honorable conditions, including but not limited to honorable 38 discharge, discharge under honorable conditions, or general discharge, 39 or has a qualifying condition, as defined in section three hundred fifty 40 of the executive law, and has received a discharge other than bad 41 conduct or dishonorable from such service, or is a discharged LGBT 42 veteran, as defined in section three hundred fifty of the executive law, 43 and has received a discharge other than bad conduct or dishonorable from 44 such service. 45 b. "Persian Gulf veteran" means (i) a person who is a resident of this 46 state, (ii) who served in the armed forces of the United States in the 47 hostilities that occurred in the Persian Gulf from the second day of 48 August, nineteen hundred ninety through the end of such hostilities, and 49 (iii) who was either discharged therefrom under honorable conditions, 50 including but not limited to honorable discharge, discharge under honor- 51 able conditions, or general discharge, or has a qualifying condition, as 52 defined in section three hundred fifty of the executive law, and has 53 received a discharge other than bad conduct or dishonorable from such 54 service, or is a discharged LGBT veteran, as defined in section three 55 hundred fifty of the executive law, and has received a discharge other 56 than bad conduct or dishonorable from such service.

A. 8097 12 1 c. "Afghanistan 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 Afghanistan from the eleventh day of 4 September, two thousand one, to the end of such hostilities, and (iii) 5 who was either discharged therefrom under honorable conditions, includ- 6 ing but not limited to honorable discharge, discharge under honorable 7 conditions, or general discharge, or has a qualifying condition, as 8 defined in section three hundred fifty of the executive law, and has 9 received a discharge other than bad conduct or dishonorable from such 10 service, or is a discharged LGBT veteran, as defined in section three 11 hundred fifty of the executive law, and has received a discharge other 12 than bad conduct or dishonorable from such service. 13 d. "Other eligible combat veteran" means: an individual who (i) is a 14 resident of this state, (ii) served in the armed forces of the United 15 States in hostilities that occurred after February twenty-eighth, nine- 16 teen hundred sixty-one, as evidenced by their receipt of an Armed Forces 17 Expeditionary Medal, Navy Expeditionary Medal, or Marine Corps Expedi- 18 tionary Medal, and (iii) was either discharged under honorable condi- 19 tions, including but not limited to honorable discharge, discharge under 20 honorable conditions, or general discharge, or has a qualifying condi- 21 tion, as defined in section three hundred fifty of the executive law, 22 and has received a discharge other than bad conduct or dishonorable from 23 such service, or is a discharged LGBT veteran, as defined in section 24 three hundred fifty of the executive law, and has received a discharge 25 other than bad conduct or dishonorable from such service. 26 e. "Part time study" means enrollment for at least three but less than 27 twelve semester hours per semester, or the equivalent, in an approved 28 undergraduate or graduate program. 29 f. "Approved vocational training programs" means programs offered by 30 agencies approved by the commissioner for funding pursuant to this 31 section. The commissioner shall approve only such non-credit programs 32 which are at least three hundred twenty clock hours in length, and which 33 meet standards of instructional quality established in regulations by 34 the commissioner. These standards shall include, but not be limited to, 35 qualifications of administrative and instructional personnel, quality of 36 facilities and equipment, recordkeeping, admission, grading, attendance, 37 and record of placement of completers which meets standards of accepta- 38 bility as established by the commissioner. 39 § 19. Subdivision 15 of section 1-104 of the election law is amended 40 to read as follows: 41 15. The term "veterans' hospital" means any sanitarium, hospital, 42 soldiers' and sailors' home, United States Veterans' Administration 43 Hospital, or other home or institution, which is used, operated and 44 conducted exclusively for the care, maintenance and treatment of persons 45 serving in [~~or honorably discharged from~~] the military or naval service 46 or coast guard of the United States or the state of New York, or persons 47 who (a) were honorably discharged from such service, or (b) have a qual- 48 ifying condition, as defined in section three hundred fifty of the exec- 49 utive law, and have received a discharge other than bad conduct or 50 dishonorable from such service, or (c) are a discharged LGBT veteran, as 51 defined in section three hundred fifty of the executive law, and have 52 received a discharge other than bad conduct or dishonorable from such 53 service. 54 § 20. Subdivision 4 of section 5-210 of the election law, as amended 55 by chapter 179 of the laws of 2005, is amended to read as follows:

A. 8097 13 1 4. Any qualified person who has been honorably discharged from the 2 military after the twenty-fifth day before a general election, or who 3 has a qualifying condition, as defined in section three hundred fifty of 4 the executive law, and has received a discharge other than bad conduct 5 or dishonorable from the military after the twenty-fifth day before a 6 general election, or who is a discharged LGBT veteran, as defined in 7 section three hundred fifty of the executive law, and has received a 8 discharge other than bad conduct or dishonorable from the military after 9 the twenty-fifth day before a general election, or who has become a 10 naturalized citizen after the twenty-fifth day before a general election 11 may personally register at the board of elections in the county of his 12 or her residence and vote in the general election held at least ten days 13 after such registration. 14 § 21. Subdivision 13 of section 353 of the executive law, as added by 15 chapter 652 of the laws of 2007, is amended to read as follows: 16 13. To make application to the government of the United States or any 17 political subdivision, agency or instrumentality thereof, for funds for 18 the purpose of providing an optional fund for the burial of [~~honorably~~ 19 ~~discharged~~] veterans who (i) were honorably discharged or (ii) had a 20 qualifying condition, as defined in section three hundred fifty of this 21 article, and received a discharge other than bad conduct or dishonor- 22 able, or (iii) were a discharged LGBT veteran, as defined in section 23 three hundred fifty of this article, and received a discharge other than 24 bad conduct or dishonorable, in any not-for-profit cemetery corporation 25 in this state; provided, however, that all costs associated with the 26 establishment of such optional fund shall be borne by the political 27 subdivision, agency or instrumentality with which the division has 28 contracted. 29 § 22. The opening paragraph of subdivision 2 of section 354-c of the 30 executive law, as added by chapter 652 of the laws of 2007, is amended 31 to read as follows: 32 As provided in subdivision thirteen of section three hundred fifty- 33 three of this article, there is hereby established within the division a 34 New York state veterans burial fund for honorably discharged members of 35 the armed forces of the United States who were residents of New York 36 state at the time of his or her death who (i) were honorably discharged 37 from such service, or (ii) had a qualifying condition, as defined in 38 section three hundred fifty of this article, and received a discharge 39 other than bad conduct or dishonorable from such service, or (iii) were 40 discharged LGBT veterans, as defined in section three hundred fifty of 41 this article, and received a discharge other than bad conduct or 42 dishonorable from such service. 43 § 23. Paragraph a of subdivision 1 of section 364 of the executive 44 law, as amended by chapter 333 of the laws of 1993, subparagraph 5 as 45 amended by chapter 616 of the laws of 1995, and subparagraph 7 as 46 amended by chapter 179 of the laws of 2006, is amended to read as 47 follows: 48 a. The word "veteran," as used in this article shall be taken to mean 49 and include any person who is a resident of the state of New York, and 50 who (i) has been or may be given an honorable, general or ordinary 51 discharge or any other form of release from such service, except a 52 dishonorable discharge, a bad conduct discharge, an undesirable 53 discharge, a discharge without honor or a discharge for the good of the 54 service, or (ii) has a qualifying condition, as defined in section three 55 hundred fifty of this article, and has received a discharge other than 56 bad conduct or dishonorable from such service, or (iii) is a discharged

A. 8097 14 1 LGBT veteran, as defined in section three hundred fifty of this article, 2 and has received a discharge other than bad conduct or dishonorable from 3 such service, and who [~~(i)~~] (iv) was a recipient of the armed forces 4 expeditionary medal, the navy expeditionary medal or the marine corps 5 expeditionary medal for participation in operations in Lebanon from June 6 first, nineteen hundred eighty-three to December first, nineteen hundred 7 eighty-seven, in Grenada from October twenty-third, nineteen hundred 8 eighty-three to November twenty-first, nineteen hundred eighty-three, or 9 in Panama from December twentieth, nineteen hundred eighty-nine to Janu- 10 ary thirty-first, nineteen hundred ninety, or [~~(ii)~~] (v) served on 11 active duty for ninety days or more in the armed forces of the United 12 States during any one of the following wars or hostilities: 13 (1) in the Spanish-American war from the twenty-first day of April, 14 eighteen hundred ninety-eight to the eleventh day of April, eighteen 15 hundred ninety-nine, inclusive; 16 (2) in the Philippine insurrection or the China relief expedition from 17 the eleventh day of April, eighteen hundred ninety-nine to the fourth 18 day of July, nineteen hundred two, inclusive; 19 (3) in the Mexican border campaign from the ninth day of May, nineteen 20 hundred sixteen, to the fifth day of April, nineteen hundred seventeen, 21 inclusive; 22 (4) in world war I from the sixth day of April, nineteen hundred 23 seventeen to the eleventh day of November, nineteen hundred eighteen, 24 inclusive; 25 (5) in world war II from the seventh day of December, nineteen hundred 26 forty-one to the thirty-first day of December, nineteen hundred forty- 27 six, inclusive, or who was employed by the War Shipping Administration 28 or Office of Defense Transportation or their agents as a merchant seaman 29 documented by the United States Coast Guard or Department of Commerce, 30 or as a civil servant employed by the United States Army Transport 31 Service (later redesignated as the United States Army Transportation 32 Corps, Water Division) or the Naval Transportation Service; and who 33 served satisfactorily as a crew member during the period of armed 34 conflict, December seventh, nineteen hundred forty-one, to August 35 fifteenth, nineteen hundred forty-five, aboard merchant vessels in 36 oceangoing, i.e., foreign, intercoastal, or coastwise service as such 37 terms are defined under federal law (46 USCA 10301 & 10501) and further 38 to include "near foreign" voyages between the United States and Canada, 39 Mexico, or the West Indies via ocean routes, or public vessels in ocean- 40 going service or foreign waters and who has received a Certificate of 41 Release or Discharge from Active Duty and a discharge certificate, or an 42 Honorable Service Certificate/Report of Casualty, from the Department of 43 Defense, or who served as a United States civilian employed by the Amer- 44 ican Field Service and served overseas under United States Armies and 45 United States Army Groups in world war II during the period of armed 46 conflict, December seventh, nineteen hundred forty-one through May 47 eighth, nineteen hundred forty-five, and who (i) was discharged or 48 released therefrom under honorable conditions, or (ii) has a qualifying 49 condition, as defined in section three hundred fifty of this article, 50 and has received a discharge other than bad conduct or dishonorable from 51 such service, or (iii) is a discharged LGBT veteran, as defined in 52 section three hundred fifty of this article, and has received a 53 discharge other than bad conduct or dishonorable from such service, or 54 who served as a United States civilian Flight Crew and Aviation Ground 55 Support Employee of Pan American World Airways or one of its subsid- 56 iaries or its affiliates and served overseas as a result of Pan Ameri-

A. 8097 15 1 can's contract with Air Transport Command or Naval Air Transport Service 2 during the period of armed conflict, December fourteenth, nineteen 3 hundred forty-one through August fourteenth, nineteen hundred forty- 4 five, and who (iv) was discharged or released therefrom under honorable 5 conditions, or (v) has a qualifying condition, as defined in section 6 three hundred fifty of this article, and has received a discharge other 7 than bad conduct or dishonorable from such service, or (vi) is a 8 discharged LGBT veteran, as defined in section three hundred fifty of 9 this article, and has received a discharge other than bad conduct or 10 dishonorable from such service; 11 (6) in the Korean hostilities from the twenty-seventh day of June, 12 nineteen hundred fifty to the thirty-first day of January, nineteen 13 hundred fifty-five, inclusive; 14 (7) in the Vietnam conflict from the twenty-eighth day of February, 15 nineteen hundred sixty-one to the seventh day of May, nineteen hundred 16 seventy-five; 17 (8) in the Persian Gulf conflict from the second day of August, nine- 18 teen hundred ninety to the end of such conflict. 19 § 24. Section 369-a of the executive law, as added by chapter 557 of 20 the laws of 2013, is amended to read as follows: 21 § 369-a. Legislative findings. The legislature hereby finds that it is 22 estimated that over the next five years, forty-four thousand veterans 23 are expected to return to this state from their military posts, making 24 the Empire State home to one of the largest veteran populations in the 25 country. Shockingly, the unemployment rate for Post-9/11 veterans in New 26 York was 10.7% in two thousand twelve, which is nearly one percent high- 27 er than the national average and higher than the state's overall 8.2% 28 unemployment rate. The legislature has found previously that it is in 29 the interest of the state to ensure that returning veterans have employ- 30 ment opportunities available upon their separation from military 31 service. 32 The state already encourages private businesses to hire military 33 veterans through tax credits and other economic incentives. In addition, 34 the legislature has previously found that state agencies spend millions 35 of dollars annually on temporary staff hired from temporary employment 36 service companies to cover temporary staffing needs. These temporary 37 state jobs could serve as a bridge for recently discharged military 38 veterans who have yet to find full-time permanent work. In addition, 39 these temporary assignments could serve to develop the next generation 40 of the state workforce and help with succession planning for the current 41 workforce. 42 The legislature declares it to be the policy of this state to use 43 [~~honorably discharged~~] veterans for temporary appointments in state 44 agencies rather than utilizing temporary employment service companies in 45 order to provide employment opportunities for returning military veter- 46 ans. 47 § 25. Subdivision 7 of section 369-h of the executive law, as added by 48 chapter 22 of the laws of 2014, is amended to read as follows: 49 7. "Veteran" shall mean a person who served in [~~and who has received~~ 50 ~~an honorable or general discharge from,~~] the United States army, navy, 51 air force, marines, coast guard, and/or reserves thereof, and/or in the 52 army national guard, air national guard, New York guard and/or the New 53 York naval militia, and who (i) has received an honorable or general 54 discharge from such service, or (ii) has a qualifying condition, as 55 defined in section three hundred fifty of this chapter, and has received 56 a discharge other than bad conduct or dishonorable from such service, or

A. 8097 16 1 (iii) is a discharged LGBT veteran, as defined in section three hundred 2 fifty of this chapter, and has received a discharge other than bad 3 conduct or dishonorable from such service. 4 § 26. Section 13-a of the general construction law, as amended by 5 chapter 616 of the laws of 1995, is amended to read as follows: 6 § 13-a. Armed forces of the United States. "Armed forces of the United 7 States" means the army, navy, marine corps, air force and coast guard, 8 including all components thereof, and the national guard when in the 9 service of the United States pursuant to call as provided by law. Pursu- 10 ant to this definition no person shall be considered a member or veteran 11 of the armed forces of the United States unless his or her service ther- 12 ein is or was on a full-time active duty basis, other than active duty 13 for training or he or she was employed by the War Shipping Adminis- 14 tration or Office of Defense Transportation or their agents as a 15 merchant seaman documented by the United States Coast Guard or Depart- 16 ment of Commerce, or as a civil servant employed by the United States 17 Army Transport Service (later redesignated as the United States Army 18 Transportation Corps, Water Division) or the Naval Transportation 19 Service; and who served satisfactorily as a crew member during the peri- 20 od of armed conflict, December seventh, nineteen hundred forty-one, to 21 August fifteenth, nineteen hundred forty-five, aboard merchant vessels 22 in oceangoing, i.e., foreign, intercoastal, or coastwise service as such 23 terms are defined under federal law (46 USCA 10301 & 10501) and further 24 to include "near foreign" voyages between the United States and Canada, 25 Mexico, or the West Indies via ocean routes, or public vessels in ocean- 26 going service or foreign waters and who has received a Certificate of 27 Release or Discharge from Active Duty and a discharge certificate, or an 28 Honorable Service Certificate/Report of Casualty, from the Department of 29 Defense or he or she served as a United States civilian employed by the 30 American Field Service and served overseas under United States Armies 31 and United States Army Groups in world war II during the period of armed 32 conflict, December seventh, nineteen hundred forty-one through May 33 eighth, nineteen hundred forty-five, and (i) was discharged or released 34 therefrom under honorable conditions, or (ii) has a qualifying condi- 35 tion, as defined in section three hundred fifty of the executive law, 36 and has received a discharge other than bad conduct or dishonorable from 37 such service, or (iii) is a discharged LGBT veteran, as defined in 38 section three hundred fifty of the executive law, and has received a 39 discharge other than bad conduct or dishonorable from such service, or 40 he or she served as a United States civilian Flight Crew and Aviation 41 Ground Support Employee of Pan American World Airways or one of its 42 subsidiaries or its affiliates and served overseas as a result of Pan 43 American's contract with Air Transport Command or Naval Air Transport 44 Service during the period of armed conflict, December fourteenth, nine- 45 teen hundred forty-one through August fourteenth, nineteen hundred 46 forty-five, and (iv) was discharged or released therefrom under honor- 47 able conditions, or (v) has a qualifying condition, as defined in 48 section three hundred fifty of the executive law, and has received a 49 discharge other than bad conduct or dishonorable from such service, or 50 (vi) is a discharged LGBT veteran, as defined in section three hundred 51 fifty of the executive law, and has received a discharge other than bad 52 conduct or dishonorable from such service. 53 § 27. Paragraph (a) of subdivision 1 of section 148 of the general 54 municipal law, as amended by chapter 613 of the laws of 1986, is amended 55 to read as follows:

A. 8097 17 1 (a) The board of supervisors in each of the counties, or the board of 2 estimate in the city of New York, shall designate some proper person, 3 association or commission, other than that designated for the care of 4 burial of public charges or criminals, who shall cause to be interred 5 the body of any [~~honorably discharged~~] member of the armed forces of the 6 United States who (i) was honorably discharged from such service or (ii) 7 had a qualifying condition, as defined in section three hundred fifty of 8 the executive law, and received a discharge other than bad conduct or 9 dishonorable from such service, or (iii) was a discharged LGBT veteran, 10 as defined in section three hundred fifty of the executive law, and 11 received a discharge other than bad conduct or dishonorable from such 12 service, or the body of any minor child or either parent, or the spouse 13 or unremarried surviving spouse of any such member of the armed forces 14 of the United States, if such person shall hereafter die in a county or 15 in the city of New York without leaving sufficient means to defray his 16 or her funeral expenses. 17 § 28. Paragraph (b) of subdivision 2 of section 148 of the general 18 municipal law, as amended by chapter 63 of the laws of 1976, is amended 19 to read as follows: 20 (b) The headstone at the grave of the spouse or surviving spouse of 21 such [~~honorably discharged~~] member of the armed forces of the United 22 States shall contain the name of the deceased, the war in which his or 23 her spouse served and, if possible, the organization to which he or she 24 belonged or in which he or she served. 25 § 29. Subdivision 1-b of section 247 of the military law, as amended 26 by section 26 of part AA of chapter 56 of the laws of 2019, is amended 27 to read as follows: 28 1-b. The adjutant general is hereby authorized to present in the name 29 of the legislature of the state of New York, a certificate, to be known 30 as the "Cold War Certificate", bearing a suitable inscription, to any 31 person: (i) who is a citizen of the state of New York or (ii) who was a 32 citizen of the state of New York while serving in the armed forces of 33 the United States; (iii) who served in the United States Armed Forces 34 during the period of time from September second, nineteen hundred 35 forty-five through December twenty-sixth, nineteen hundred ninety-one, 36 commonly known as the Cold War Era; and (iv) who was honorably 37 discharged or released under honorable circumstances during the Cold War 38 Era, or has a qualifying condition, as defined in section three hundred 39 fifty of the executive law, and received a discharge other than bad 40 conduct or dishonorable during the Cold War Era, or is a discharged LGBT 41 veteran, as defined in section three hundred fifty of the executive law, 42 and received a discharge other than bad conduct or dishonorable during 43 the Cold War Era. Not more than one Cold War Certificate shall be 44 awarded or presented, under the provisions of this subdivision, to any 45 person whose entire service subsequent to the time of the receipt of 46 such medal shall not have been honorable. In the event of the death of 47 any person during or subsequent to the receipt of such certificate it 48 shall be presented to such representative of the deceased as may be 49 designated. The adjutant general, in consultation with the director of 50 the division of veterans' services, shall make such rules and regu- 51 lations as may be deemed necessary for the proper presentation and 52 distribution of the certificate. 53 § 30. Paragraph 1 of subdivision (a) of section 42 of the correction 54 law, as amended by chapter 139 of the laws of 2014, is amended to read 55 as follows:

A. 8097 18 1 1. There shall be within the commission a citizen's policy and 2 complaint review council. It shall consist of nine persons to be 3 appointed by the governor, by and with the advice and consent of the 4 senate. One person so appointed shall have served in the armed forces of 5 the United States in any foreign war, conflict or military occupation, 6 who (i) was discharged therefrom under other than dishonorable condi- 7 tions, or (ii) has a qualifying condition, as defined in section three 8 hundred fifty of the executive law, and has received a discharge other 9 than bad conduct or dishonorable from such service, or (iii) is a 10 discharged LGBT veteran, as defined in section three hundred fifty of 11 the executive law, and has received a discharge other than bad conduct 12 or dishonorable from such service, or shall be a duly licensed mental 13 health professional who has professional experience or training with 14 regard to post-traumatic stress syndrome. One person so appointed shall 15 be an attorney admitted to practice in this state. One person so 16 appointed shall be a former inmate of a correctional facility. One 17 person so appointed shall be a former correction officer. One person so 18 appointed shall be a former resident of a division for youth secure 19 center or a health care professional duly licensed to practice in this 20 state. One person so appointed shall be a former employee of the office 21 of children and family services who has directly supervised youth in a 22 secure residential center operated by such office. In addition, the 23 governor shall designate one of the full-time members other than the 24 chairman of the commission as chairman of the council to serve as such 25 at the pleasure of the governor. 26 § 31. Subdivision 5 of section 605 of the education law, as separately 27 amended by chapters 645 and 844 of the laws of 1975, is amended to read 28 as follows: 29 5. Regents scholarships for war veterans. Regents scholarships for war 30 veterans shall be awarded on a competitive basis, for study beginning 31 with the college year nineteen hundred seventy-five--nineteen hundred 32 seventy-six. Six hundred such scholarships shall be awarded in such year 33 to veterans of the armed forces of the United States who have served on 34 active duty (other than for training) between October one, nineteen 35 hundred sixty-one and March twenty-nine, nineteen hundred seventy-three, 36 and who on the date by which applications are required to be submitted 37 (a) have been released from such active duty on conditions not other 38 than honorable, or (b) have a qualifying condition, as defined in 39 section three hundred fifty of the executive law, and have received a 40 discharge other than bad conduct or dishonorable from such service, or 41 (c) are discharged LGBT veterans, as defined in section three hundred 42 fifty of the executive law, and have received a discharge other than bad 43 conduct or dishonorable from such service. Such scholarships shall be 44 allocated to each county in the state in the same ratio that the number 45 of legal residents in such county, as determined by the most recent 46 federal census, bears to the total number of residents in the state; 47 provided, however, that no county shall be allocated fewer scholarships 48 than such county received during the year nineteen hundred sixty-eight- 49 -sixty-nine. 50 § 32. Subparagraph 3 of paragraph b of subdivision 3 of section 663 of 51 the education law, as added by chapter 101 of the laws of 1992, is 52 amended to read as follows: 53 (3) The applicant was enlisted in full time active military service in 54 the armed forces of the United States and (i) has been honorably 55 discharged from such service, or (ii) has a qualifying condition, as 56 defined in section three hundred fifty of the executive law, and has

A. 8097 19 1 received a discharge other than bad conduct or dishonorable from such 2 service, or (iii) is a discharged LGBT veteran, as defined in section 3 three hundred fifty of the executive law, and has received a discharge 4 other than bad conduct or dishonorable from such service, and, provided, 5 however, that the applicant has not and will not be claimed as a depend- 6 ent by either parent for purposes of either federal or state income tax. 7 § 33. Subdivision 1 of section 3202 of the education law, as amended 8 by chapter 106 of the laws of 2003, is amended to read as follows: 9 1. A person over five and under twenty-one years of age who has not 10 received a high school diploma is entitled to attend the public schools 11 maintained in the district in which such person resides without the 12 payment of tuition. Provided further that such person may continue to 13 attend the public school in such district in the same manner, if tempo- 14 rarily residing outside the boundaries of the district when relocation 15 to such temporary residence is a consequence of such person's parent or 16 person in parental relationship being called to active military duty, 17 other than training. Notwithstanding any other provision of law to the 18 contrary, the school district shall not be required to provide transpor- 19 tation between a temporary residence located outside of the school 20 district and the school the child attends. A veteran of any age who 21 shall have served as a member of the armed forces of the United States 22 and who (a) shall have been discharged therefrom under conditions other 23 than dishonorable, or (b) has a qualifying condition, as defined in 24 section three hundred fifty of the executive law, and has received a 25 discharge other than bad conduct or dishonorable from such service, or 26 (c) is a discharged LGBT veteran, as defined in section three hundred 27 fifty of the executive law, and has received a discharge other than bad 28 conduct or dishonorable from such service, may attend any of the public 29 schools of the state upon conditions prescribed by the board of educa- 30 tion, and such veterans shall be included in the pupil count for state 31 aid purposes. A nonveteran under twenty-one years of age who has 32 received a high school diploma shall be permitted to attend classes in 33 the schools of the district in which such person resides or in a school 34 of a board of cooperative educational services upon payment of tuition 35 under such terms and conditions as shall be established in regulations 36 promulgated by the commissioner; provided, however, that a school 37 district may waive the payment of tuition for such nonveteran, but in 38 any case such a nonveteran who has received a high school diploma shall 39 not be counted for any state aid purposes. Nothing herein contained 40 shall, however, require a board of education to admit a child who 41 becomes five years of age after the school year has commenced unless his 42 birthday occurs on or before the first of December. 43 § 34. Subdivision 4 of section 11-0715 of the environmental conserva- 44 tion law, as amended by section 6 of part R of chapter 58 of the laws of 45 2013, is amended to read as follows: 46 4. A person, resident in the state for at least thirty days immediate- 47 ly prior to the date of application, who (a) has been honorably 48 discharged from service in the armed forces of the United States, or (b) 49 has a qualifying condition, as defined in section three hundred fifty of 50 the executive law, and has received a discharge other than bad conduct 51 or dishonorable from such service, or (c) is a discharged LGBT veteran, 52 as defined in section three hundred fifty of the executive law, and has 53 received a discharge other than bad conduct or dishonorable from such 54 service, and is certified as having a forty percent or greater service- 55 connected disability is entitled to receive all licenses, privileges,

A. 8097 20 1 tags, and permits authorized by this title for which he or she is eligi- 2 ble, except turkey permits, renewable each year for a five dollar fee. 3 § 35. Subparagraph (iv) of paragraph c of subdivision 1 of section 4 13-0328 of the environmental conservation law, as amended by chapter 21 5 of the laws of 2019, is amended to read as follows: 6 (iv) licenses shall be issued only to persons who demonstrate in a 7 manner acceptable to the department that they received an average of at 8 least fifteen thousand dollars of income over three consecutive years 9 from commercial fishing or fishing, or who successfully complete a 10 commercial food fish apprenticeship pursuant to subdivision seven of 11 this section. As used in this subparagraph, "commercial fishing" means 12 the taking and sale of marine resources including fish, shellfish, crus- 13 tacea or other marine biota and "fishing" means commercial fishing and 14 carrying fishing passengers for hire. Individuals who wish to qualify 15 based on income from "fishing" must hold a valid marine and coastal 16 district party and charter boat license. No more than ten percent of the 17 licenses issued each year based on income eligibility pursuant to this 18 paragraph shall be issued to applicants who qualify based solely upon 19 income derived from operation of or employment by a party or charter 20 boat. For the income evaluation of this subdivision, the department may 21 consider persons who would otherwise be eligible but for having served 22 in the United States armed forces on active duty, provided that such 23 individual (1) has received an honorable or general discharge, or (2) 24 has a qualifying condition, as defined in section three hundred fifty of 25 the executive law, and has received a discharge other than bad conduct 26 or dishonorable from such service, or (3) is a discharged LGBT veteran, 27 as defined in section three hundred fifty of the executive law, and has 28 received a discharge other than bad conduct or dishonorable from such 29 service, shall not be deemed ineligible. 30 § 36. Subdivision 1 of section 130 of the executive law, as amended by 31 section 1 of subpart D of part II of chapter 55 of the laws of 2019, is 32 amended to read as follows: 33 1. The secretary of state may appoint and commission as many notaries 34 public for the state of New York as in his or her judgment may be deemed 35 best, whose jurisdiction shall be co-extensive with the boundaries of 36 the state. The appointment of a notary public shall be for a term of 37 four years. An application for an appointment as notary public shall be 38 in form and set forth such matters as the secretary of state shall 39 prescribe. Every person appointed as notary public must, at the time of 40 his or her appointment, be a citizen of the United States and either a 41 resident of the state of New York or have an office or place of business 42 in New York state. A notary public who is a resident of the state and 43 who moves out of the state but still maintains a place of business or an 44 office in New York state does not vacate his or her office as a notary 45 public. A notary public who is a nonresident and who ceases to have an 46 office or place of business in this state, vacates his or her office as 47 a notary public. A notary public who is a resident of New York state and 48 moves out of the state and who does not retain an office or place of 49 business in this state shall vacate his or her office as a notary 50 public. A non-resident who accepts the office of notary public in this 51 state thereby appoints the secretary of state as the person upon whom 52 process can be served on his or her behalf. Before issuing to any appli- 53 cant a commission as notary public, unless he or she be an attorney and 54 counsellor at law duly admitted to practice in this state or a court 55 clerk of the unified court system who has been appointed to such posi- 56 tion after taking a civil service promotional examination in the court

A. 8097 21 1 clerk series of titles, the secretary of state shall satisfy himself or 2 herself that the applicant is of good moral character, has the equiv- 3 alent of a common school education and is familiar with the duties and 4 responsibilities of a notary public; provided, however, that where a 5 notary public applies, before the expiration of his or her term, for 6 reappointment with the county clerk or where a person whose term as 7 notary public shall have expired applies within six months thereafter 8 for reappointment as a notary public with the county clerk, such quali- 9 fying requirements may be waived by the secretary of state, and further, 10 where an application for reappointment is filed with the county clerk 11 after the expiration of the aforementioned renewal period by a person 12 who failed or was unable to re-apply by reason of his or her induction 13 or enlistment in the armed forces of the United States, such qualifying 14 requirements may also be waived by the secretary of state, provided such 15 application for reappointment is made within a period of one year after 16 the military discharge of the applicant under conditions other than 17 dishonorable, or if the applicant has a qualifying condition, as defined 18 in section three hundred fifty of this chapter, within a period of one 19 year after the applicant has received a discharge other than bad conduct 20 or dishonorable from such service, or if the applicant is a discharged 21 LGBT veteran, as defined in section three hundred fifty of this chapter, 22 within a period of one year after the applicant has received a discharge 23 other than bad conduct or dishonorable from such service. In any case, 24 the appointment or reappointment of any applicant is in the discretion 25 of the secretary of state. The secretary of state may suspend or remove 26 from office, for misconduct, any notary public appointed by him or her 27 but no such removal shall be made unless the person who is sought to be 28 removed shall have been served with a copy of the charges against him or 29 her and have an opportunity of being heard. No person shall be appointed 30 as a notary public under this article who has been convicted, in this 31 state or any other state or territory, of a crime, unless the secretary 32 makes a finding in conformance with all applicable statutory require- 33 ments, including those contained in article twenty-three-A of the 34 correction law, that such convictions do not constitute a bar to 35 appointment. 36 § 37. Subdivisions 1, 2, and 3 of section 32 of the general business 37 law, subdivisions 1 and 3 as amended by chapter 650 of the laws of 1976 38 and subdivision 2 as amended by chapter 321 of the laws of 1955, are 39 amended to read as follows: 40 1. Every [~~honorably discharged~~] member of the armed forces of the 41 United States[,] who (a) was honorably discharged from such service, or 42 (b) has a qualifying condition, as defined in section three hundred 43 fifty of the executive law, and has received a discharge other than bad 44 conduct or dishonorable from such service, or (c) is a discharged LGBT 45 veteran, as defined in section three hundred fifty of the executive law, 46 and has received a discharge other than bad conduct or dishonorable from 47 such service, and who is a resident of this state and a veteran of any 48 war, or who shall have served in the armed forces of the United States 49 overseas, and the surviving spouse of any such veteran, if a resident of 50 the state, shall have the right to hawk, peddle, vend and sell goods, 51 wares or merchandise or solicit trade upon the streets and highways 52 within the county of his or her residence, as the case may be, or if 53 such county is embraced wholly by a city, within such city, by procuring 54 a license for that purpose to be issued as herein provided. No part of 55 the lands or premises under the jurisdiction of the division of the

A. 8097 22 1 state fair in the department of agriculture and markets, shall be deemed 2 a street or highway within the meaning of this section. 3 2. Any such former member of the armed forces of the United States may 4 present to the clerk of any county in which he has resided for a period 5 of at least six months, his original certificate of [~~honorable~~] release 6 or discharge from active duty, or a copy thereof duly certified by the 7 recording officer or a certificate in lieu of lost discharge issued by a 8 department of the armed forces of the United States which shall show 9 that the person presenting it is a veteran of any war, or that he has 10 served overseas in the armed forces of the United States. He shall also 11 fill out a blank which shall when filled out state his name, residence 12 at the time of application, nature of goods to be sold, and if the 13 applicant is working on commission or percentage for any person, firm or 14 corporation, the name and business address of such person, firm or 15 corporation. This statement shall be signed by the applicant in the 16 presence of the county clerk, or a deputy designated by him, and the 17 name on this application and on the original certificate of [~~honorable~~] 18 release or discharge from active duty shall be compared by the county 19 clerk to ascertain if the person so applying is the same person named in 20 the original certificate of [~~honorable~~] release or discharge from active 21 duty. Such county clerk when so satisfied shall issue, without cost, to 22 such former member of the armed forces of the United States, a license 23 certifying him to be entitled to the benefits of this section. 24 3. A copy of this statement shall be attached to the license granted 25 by the county clerk and shall remain attached thereto. On presentation 26 to such clerk of the affidavit of such surviving spouse and two other 27 residents of the county, that he or she is such surviving spouse, accom- 28 panied by such original certificate of [~~honorable~~] release or discharge 29 from active duty of his or her deceased spouse, and the filing of the 30 statement hereinabove required, such county clerk shall issue, without 31 cost to the surviving spouse, a license certifying the surviving spouse 32 to be entitled to the benefits of this section. 33 § 38. Section 35 of the general business law, as amended by chapter 34 550 of the laws of 1978, is amended to read as follows: 35 § 35. Municipal regulations. This article shall not affect the appli- 36 cation of any ordinance, by-law or regulation of a municipal corporation 37 relating to hawkers and peddlers within the limits of such corporations, 38 but the provisions of this article are to be complied with in addition 39 to the requirements of any such ordinance, by-law or regulation; 40 provided, however, that no such by-law, ordinance or regulation shall 41 prevent or in any manner interfere with the hawking or peddling, without 42 the use of any but a hand driven vehicle, in any street, avenue, alley, 43 lane or park of a municipal corporation, by any honorably discharged 44 member of the armed forces of the United States who (1) was honorably 45 discharged from such service, or (2) has a qualifying condition, as 46 defined in section three hundred fifty of the executive law, and has 47 received a discharge other than bad conduct or dishonorable from such 48 service, or (3) is a discharged LGBT veteran, as defined in section 49 three hundred fifty of the executive law, and has received a discharge 50 other than bad conduct or dishonorable from such service, and who is 51 physically disabled as a result of injuries received while in the 52 service of said armed forces and the holder of a license granted pursu- 53 ant to section thirty-two of this article. 54 § 39. Paragraph (a) of subdivision 1 of section 35-a of the general 55 business law, as added by chapter 227 of the laws of 1998, is amended to 56 read as follows:

A. 8097 23 1 (a) In cities having a population of one million or more, the official 2 designated by a local law or ordinance to issue a local license to hawk, 3 peddle, vend and sell goods, wares or merchandise or solicit trade upon 4 the streets and highways within such city shall issue specialized vend- 5 ing licenses to [~~honorably discharged~~] members of the armed forces of 6 the United States who (i) were honorably discharged from such service, 7 or (ii) have a qualifying condition, as defined in section three hundred 8 fifty of the executive law, and received a discharge other than bad 9 conduct or dishonorable from such service, or (iii) are a discharged 10 LGBT veteran, as defined in section three hundred fifty of the executive 11 law, and received a discharge other than bad conduct or dishonorable 12 from such service, and who are physically disabled as a result of inju- 13 ries received while in the service of said armed forces and who are 14 eligible to hold licenses granted pursuant to section thirty-two of this 15 article. Such specialized vending licenses shall authorize holders ther- 16 eof to hawk or peddle within such city in accordance with the provisions 17 contained in this section. Specialized vending licenses issued under 18 this section shall permit the holders thereof to vend on any block face, 19 and no licensee authorized under this section shall be restricted in any 20 way from vending in any area, except as provided in this section. 21 § 40. Paragraph (b) of subdivision 3 of section 69-p of the general 22 business law, as amended by chapter 575 of the laws of 1993, is amended 23 to read as follows: 24 (b) In the case of persons who are or were in the military service and 25 (i) have been or will be discharged under conditions other than 26 dishonorable, or (ii) have a qualifying condition, as defined in section 27 three hundred fifty of the executive law, and received a discharge other 28 than bad conduct or dishonorable from such service, or (iii) are 29 discharged LGBT veterans, as defined in section three hundred fifty of 30 the executive law, and have received a discharge other than bad conduct 31 or dishonorable from such service, the period of two years specified in 32 subdivision one of this section need not be continuous. The length of 33 time such person was engaged in the business of installing, servicing or 34 maintaining security or fire alarm systems before entering the military 35 service may be added to any period of time during which such person was 36 or is engaged in the business of installing, servicing or maintaining 37 security or fire alarm systems after the termination of military 38 service. 39 § 41. The closing paragraph of section 435 of the general business 40 law, as added by chapter 801 of the laws of 1946, is amended to read as 41 follows: 42 In the case of persons who are or were in the military service and (a) 43 have been or will be discharged under conditions other than dishonor- 44 able, or (b) have a qualifying condition, as defined in section three 45 hundred fifty of the executive law, and received a discharge other than 46 bad conduct or dishonorable from such service, or (c) are discharged 47 LGBT veterans, as defined in section three hundred fifty of the execu- 48 tive law, and have received a discharge other than bad conduct or 49 dishonorable from such service, the period of one year specified in 50 subdivision one of this section and the period of six months specified 51 in subdivision two of this section need not be continuous. The length of 52 time such person was engaged in the practice of barbering before enter- 53 ing the military service may be added to any period of time during which 54 such person was or is engaged in the practice of barbering after the 55 termination of military service.

A. 8097 24 1 § 42. Subdivision 1 of section 77 of the general municipal law, as 2 amended by chapter 476 of the laws of 2018, is amended to read as 3 follows: 4 1. A municipal corporation may lease, for not exceeding five years, to 5 a post or posts of the Grand Army of the Republic, Veterans of Foreign 6 Wars of the United States, American Legion, Catholic War Veterans, Inc., 7 Disabled American Veterans, the Army and Navy Union, U.S.A., Marine 8 Corps League, AMVETS, American Veterans of World War II, Jewish War 9 Veterans of the United States, Inc., Italian American War Veterans of 10 the United States, Incorporated, Masonic War Veterans of the State of 11 New York, Inc., Veterans of World War I of the United States of America 12 Department of New York, Inc., Polish-American Veterans of World War II, 13 Amsterdam, N.Y., Inc., Polish-American Veterans of World War II, Sche- 14 nectady, N.Y., Inc., Polish Legion of American Veterans, Inc., Vietnam 15 Veterans of America or other veteran organization of [~~honorably~~ 16 ~~discharged~~] members of the armed forces of the United States who (a) 17 were honorably discharged from such service or (b) have a qualifying 18 condition, as defined in section three hundred fifty of the executive 19 law, and received a discharge other than bad conduct or dishonorable 20 from such service, or (c) are discharged LGBT veterans, as defined in 21 section three hundred fifty of the executive law, and received a 22 discharge other than bad conduct or dishonorable from such service, or 23 to an incorporated organization or an association of either active or 24 exempt volunteer firefighters, a public building or part thereof, 25 belonging to such municipal corporation, except schoolhouses in actual 26 use as such, without expense, or at a nominal rent, fixed by the board 27 or council having charge of such buildings and provide furniture and 28 furnishings, and heat, light and janitor service therefor, in like 29 manner. 30 § 43. Section 117-c of the highway law, as added by chapter 387 of the 31 laws of 1998, is amended to read as follows: 32 § 117-c. Hawking, peddling, vending, sale of goods, wares or merchan- 33 dise; Erie county; certain areas. Notwithstanding any law to the contra- 34 ry, except section thirty-five of the general business law, the county 35 of Erie shall have the power to enact a local law prohibiting hawking, 36 peddling, vending and sale of goods, wares or merchandise or solicita- 37 tion of trade in the right-of-way of county roads adjacent to arenas, 38 stadiums, auditoriums or like facilities, which contain fifty thousand 39 or more seats, which are used for events likely to attract large numbers 40 of spectators, including but not limited to home games of a National 41 Football League franchise. Provided, however, that the power to enact 42 such local law shall be subject to the requirement that provision be 43 made, by lease agreement, regulation or otherwise, for the hawking, 44 peddling, vending and sales of goods, wares or merchandise or solicita- 45 tion of trade in designated vending areas on the ground of county-owned 46 lands leased for use as an arena, stadium or auditorium or like facility 47 which contain fifty thousand or more seats; and further provided that 48 [~~honorably discharged~~] members of the armed forces of the United States 49 who (a) were honorably discharged from such service, or (b) have a qual- 50 ifying condition, as defined in section three hundred fifty of the exec- 51 utive law, and received a discharge other than bad conduct or dishonor- 52 able from such service, or (c) are discharged LGBT veterans, as defined 53 in section three hundred fifty of the executive law, and received a 54 discharge other than bad conduct or dishonorable from such service, and 55 who are entitled to hawk, vend, sell or peddle merchandise in the public 56 right-of-way pursuant to sections thirty-two and thirty-five of the

A. 8097 25 1 general business law, shall be given first preference in any assignment 2 or vending locations or in the allocation of such locations. 3 § 44. Subparagraph (F) of paragraph 3 of subsection (e) of section 4 2104 of the insurance law, as amended by chapter 687 of the laws of 5 2003, is amended to read as follows: 6 (F) served as a member of the armed forces of the United States at any 7 time, and shall (i) have been discharged under conditions other than 8 dishonorable, or (ii) has a qualifying condition, as defined in section 9 three hundred fifty of the executive law, and has received a discharge 10 other than bad conduct or dishonorable from such service, or (iii) is a 11 discharged LGBT veteran, as defined in section three hundred fifty of 12 the executive law, and has received a discharge other than bad conduct 13 or dishonorable from such service, and who within three years prior to 14 his entry into the armed forces held a license as insurance broker for 15 similar lines, provided his application for such license is filed before 16 one year from the date of final discharge; or 17 § 45. Paragraph 2 of subsection (f) of section 2104 of the insurance 18 law is amended to read 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 of the executive law, and has received a discharge other than bad 24 conduct or dishonorable from such service, or (C) is a discharged LGBT 25 veteran, as defined in section three hundred fifty of the executive law, 26 and has received a discharge other than bad conduct or dishonorable from 27 such service, in a current licensing period, for the duration of such 28 period. 29 § 46. Paragraph 11 of subsection (j) of section 2103 of the insurance 30 law, as added by chapter 769 of the laws of 1984, is amended to read as 31 follows: 32 (11) 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 of the executive law, and has received a discharge 37 other than bad conduct or dishonorable from such service, or (C) is a 38 discharged LGBT veteran, as defined in section three hundred fifty of 39 the executive law, and has received a discharge other than bad conduct 40 or dishonorable from such service, in a current licensing period, for 41 the duration of such period. 42 § 47. Paragraph 2 of subsection (i) of section 2108 of the insurance 43 law is amended to read as follows: 44 (2) No license fee shall be required of any person who served as a 45 member of the armed forces of the United States at any time and who (A) 46 shall have been discharged, under conditions other than dishonorable, or 47 (B) has a qualifying condition, as defined in section three hundred 48 fifty of the executive law, and has received a discharge other than bad 49 conduct or dishonorable from such service, or (C) is a discharged LGBT 50 veteran, as defined in section three hundred fifty of the executive law, 51 and has received a discharge other than bad conduct or dishonorable from 52 such service, in a current licensing period, for the duration of such 53 period. 54 § 48. Paragraph 10 of subsection (h) of section 2137 of the insurance 55 law, as added by chapter 499 of the laws of 2009, is amended to read as 56 follows:

A. 8097 26 1 (10) No license fee shall be required of any person who served as a 2 member of the armed forces of the United States at any time and who (A) 3 shall have been discharged therefrom, under conditions other than 4 dishonorable, or (B) has a qualifying condition, as defined in section 5 three hundred fifty of the executive law, and has received a discharge 6 other than bad conduct or dishonorable from such service, or (C) is a 7 discharged LGBT veteran, as defined in section three hundred fifty of 8 the executive law, and has received a discharge other than bad conduct 9 or dishonorable from such service, in a current licensing period, for 10 the duration of such period. 11 § 49. Paragraph 11 of subsection (i) of section 2139 of the insurance 12 law, as added by section 14 of part V of chapter 57 of the laws of 2014, 13 is amended to read as follows: 14 (11) No license fee shall be required of any person who served as a 15 member of the armed forces of the United States at any time, and who (A) 16 shall have been discharged therefrom under conditions other than 17 dishonorable, or (B) has a qualifying condition, as defined in section 18 three hundred fifty of the executive law, and has received a discharge 19 other than bad conduct or dishonorable from such service, or (C) is a 20 discharged LGBT veteran, as defined in section three hundred fifty of 21 the executive law, and has received a discharge other than bad conduct 22 or dishonorable from such service, in a current licensing period for the 23 duration of such period. 24 § 50. Section 466 of the judiciary law, as amended by chapter 455 of 25 the laws of 1960, is amended to read as follows: 26 § 466. Attorney's oath of office. Each person, admitted as prescribed 27 in this chapter must, upon his or her admission, take the constitutional 28 oath of office in open court, and subscribe the same in a roll or book, 29 to be kept in the office of the clerk of the appellate division of the 30 supreme court for that purpose. 31 Any person now in actual service in the armed forces of the United 32 States or whose induction or enlistment therein is imminent, or within 33 sixty days after [he] such person (1) has been honorably discharged, or 34 (2) has received a discharge other than bad conduct or dishonorable from 35 such service, if such person has a qualifying condition, as defined in 36 section three hundred fifty of the executive law, or (3) has received a 37 discharge other than bad conduct or dishonorable from such service, if 38 such person is a discharged LGBT veteran, as defined in section three 39 hundred fifty of the executive law, if the appellate division of the 40 supreme court in the department in which such person resides is not in 41 session, may subscribe and take the oath before a justice of that court, 42 with the same force and effect as if it were taken in open court, except 43 that in the first department the oath must be taken before the presiding 44 justice or, in his or her absence, before the senior justice. 45 § 51. Subdivision 3 of section 20 of the military law, as added by 46 chapter 825 of the laws of 1950, is amended to read as follows: 47 3. Any person who has served as a commissioned or warrant officer in 48 the organized militia or in the armed forces of the United States and 49 (a) has been honorably discharged therefrom, or (b) has a qualifying 50 condition, as defined in section three hundred fifty of the executive 51 law, and has received a discharge other than bad conduct or dishonorable 52 from such service, or (c) is a discharged LGBT veteran, as defined in 53 section three hundred fifty of the executive law, and has received a 54 discharge other than bad conduct or dishonorable from such service, may 55 be commissioned and placed on the state reserve list in the highest

A. 8097 27 1 grade previously held by him after complying with such conditions as may 2 be prescribed by regulations issued pursuant to this chapter. 3 § 52. Subdivision 2 of section 238 of the military law, as amended by 4 chapter 302 of the laws of 1967, is amended to read as follows: 5 2. Any person, except members of the armed forces of the United 6 States, members of the organized militia of this or any other state, 7 personnel of the independent military organizations designated in 8 section two hundred forty of this article, members of associations whol- 9 ly composed of persons who (a) were honorably discharged from the armed 10 forces of the United States, or (b) have a qualifying condition, as 11 defined in section three hundred fifty of the executive law, and have 12 received a discharge other than bad conduct or dishonorable from the 13 armed forces of the United States, or (c) are discharged LGBT veterans, 14 as defined in section three hundred fifty of the executive law, and have 15 received a discharge other than bad conduct or dishonorable from the 16 armed forces of the United States, and members of associations wholly 17 composed of sons of veterans of any war of the United States, who shall 18 wear any uniform or any device, strap, knot or insignia of any design or 19 character used as a designation of grade, rank or office, such as are by 20 law or by regulation, duly promulgated, prescribed for the use of the 21 organized militia or similar thereto; or, 22 § 53. Paragraphs (b) and (c) of subdivision 1 of section 243 of the 23 military law, paragraph (b) as amended by chapter 248 of the laws of 24 2001 and paragraph (c) as added by chapter 420 of the laws of 1953, are 25 amended to read as follows: 26 (b) The term "military duty" shall mean military service in the mili- 27 tary, naval, aviation or marine service of the United States subsequent 28 to July first, nineteen hundred forty, or service under the selective 29 training and service act of nineteen hundred forty, or the national 30 guard and reserve officers mobilization act of nineteen hundred forty, 31 or any other act of congress supplementary or amendatory thereto, or any 32 similar act of congress hereafter enacted and irrespective of the fact 33 that such service was entered upon following a voluntary enlistment 34 therefor or was required under one of the foregoing acts of congress, or 35 service with the United States public health service as a commissioned 36 officer, or service with the American Red Cross while with the armed 37 forces of the United States on foreign service, or service with the 38 special services section of the armed forces of the United States on 39 foreign service, or service in the merchant marine which shall consist 40 of service as an officer or member of the crew on or in connection with 41 a vessel documented under the laws of the United States or a vessel 42 owned by, chartered to, or operated by or for the account or use of the 43 government of the United States, or service by one who was employed by 44 the War Shipping Administration or Office of Defense Transportation or 45 their agents as a merchant seaman documented by the United States Coast 46 Guard or Department of Commerce, or as a civil servant employed by the 47 United States Army Transport Service (later redesignated as the United 48 States Army Transportation Corps, Water Division) or the Naval Transpor- 49 tation Service; and who served satisfactorily as a crew member during 50 the period of armed conflict, December seventh, nineteen hundred forty- 51 one, to August fifteenth, nineteen hundred forty-five, aboard merchant 52 vessels in oceangoing, i.e., foreign, intercoastal, or coastwise service 53 as such terms are defined under federal law (46 USCA 10301 & 10501) and 54 further to include "near foreign" voyages between the United States and 55 Canada, Mexico, or the West Indies via ocean routes, or public vessels 56 in oceangoing service or foreign waters and who has received a Certif-

A. 8097 28 1 icate of Release or Discharge from Active Duty and a discharge certif- 2 icate, or an Honorable Service Certificate/Report of Casualty, from the 3 Department of Defense, or 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 of the 10 executive law, and has received a discharge other than bad conduct or 11 dishonorable from such service, or (iii) is a discharged LGBT veteran, 12 as defined in section three hundred fifty of the executive law, and has 13 received a discharge other than bad conduct or dishonorable from such 14 service, or who served as a United States civilian Flight Crew and 15 Aviation Ground Support Employee of Pan American World Airways or one of 16 its subsidiaries or its affiliates and served overseas as a result of 17 Pan American's contract with Air Transport Command or Naval Air Trans- 18 port Service during the period of armed conflict, December fourteenth, 19 nineteen hundred forty-one through August fourteenth, nineteen hundred 20 forty-five, and who (iv) was discharged or released therefrom under 21 honorable conditions, or (v) has a qualifying condition, as defined in 22 section three hundred fifty of the executive law, and has received a 23 discharge other than bad conduct or dishonorable from such service, or 24 (vi) is a discharged LGBT veteran, as defined in section three hundred 25 fifty of the executive law, and has received a discharge other than bad 26 conduct or dishonorable from such service; or service in police duty on 27 behalf of the United States government in a foreign country, if such 28 person is a police officer, as defined by section 1.20 of the criminal 29 procedure law, and if such police officer obtained the prior consent of 30 his or her public employer to absent himself or herself from his or her 31 position to engage in the performance of such service; or as an enrollee 32 in the United States maritime service on active duty and, to such extent 33 as may be prescribed by or under the laws of the United States, any 34 period awaiting assignment to such service and any period of education 35 or training for such service in any school or institution under the 36 jurisdiction of the United States government, but shall not include 37 temporary and intermittent gratuitous service in any reserve or auxilia- 38 ry force. It shall include time spent in reporting for and returning 39 from military duty and shall be deemed to commence when the public 40 employee leaves his position and to end when he is reinstated to his 41 position, provided such reinstatement is within ninety days after the 42 termination of military duty, as hereinafter defined. Notwithstanding 43 the foregoing provisions of this paragraph, the term "military duty" 44 shall not include any of the foregoing services entered upon voluntarily 45 on or after January first, nineteen hundred forty-seven and before June 46 twenty-fifth, nineteen hundred fifty; and, on or after July first, nine- 47 teen hundred seventy, the term "military duty" shall not include any 48 voluntary service in excess of four years performed after that date, or 49 the total of any voluntary services, additional or otherwise, in excess 50 of four years performed after that date, shall not exceed five years, if 51 the service in excess of four years is at the request and for the 52 convenience of the federal government, except if such voluntary service 53 is performed during a period of war, or national emergency declared by 54 the president. 55 (c) The term "termination of military duty" shall mean the date of a 56 certificate of honorable discharge or a certificate of completion of

A. 8097 29 1 training and service as set forth in the selective training and service 2 act of nineteen hundred forty, and the national guard and reserve offi- 3 cers mobilization act of nineteen hundred forty or, or a certificate of 4 release or discharge from active duty where an employee (i) has a quali- 5 fying condition, as defined in section three hundred fifty of the execu- 6 tive law, and has received a discharge other than bad conduct or 7 dishonorable from such service, or (ii) is a discharged LGBT veteran, as 8 defined in section three hundred fifty of the executive law, and has 9 received a discharge other than bad conduct or dishonorable from such 10 service, or in the event of the incurrence of a temporary disability 11 arising out of and in the course of such military duty, the date of 12 termination of such disability. The existence and termination of such 13 temporary disability, in the case of a public employee occupying a posi- 14 tion in the classified civil service or of a person on an eligible list 15 for a position in such service, shall be determined by the civil service 16 commission having jurisdiction over such position and, in the case of a 17 public employee occupying a position not in the classified civil 18 service, shall be determined by the officer or body having the power of 19 appointment. 20 § 54. Subparagraphs 1 and 2 of paragraph (a) of subdivision 4-b of 21 section 243 of the military law, subparagraph 1 as amended by chapter 22 739 of the laws of 1987 and subparagraph 2 as amended by chapter 467 of 23 the laws of 1991, are amended to read as follows: 24 (1) "New York city veteran of world war II". Any member of the New 25 York city employees' retirement system in city-service who, after his 26 last membership in such system began, served as a member of the armed 27 forces of the United States during the period beginning on December 28 seventh, nineteen hundred forty-one and ending on December thirty-first, 29 nineteen hundred forty-six, and (i) was honorably discharged or released 30 under honorable circumstances from such service, or (ii) has a qualify- 31 ing condition, as defined in section three hundred fifty of the execu- 32 tive law, and has received a discharge other than bad conduct or 33 dishonorable from such service, or (iii) is a discharged LGBT veteran, 34 as defined in section three hundred fifty of the executive law, and has 35 received a discharge other than bad conduct or dishonorable from such 36 service. 37 (2) "New York city veteran of the Korean conflict." Any member of the 38 New York city employees' retirement system in city-service who, after 39 his last membership in such system began, served as a member of the 40 armed forces of the United States during the period beginning on the 41 twenty-seventh of June, nineteen hundred fifty and ending on the thir- 42 ty-first day of January, nineteen hundred fifty-five, and (i) was honor- 43 ably discharged or released under honorable circumstances from such 44 service, or (ii) has a qualifying condition, as defined in section three 45 hundred fifty of the executive law, and has received a discharge other 46 than bad conduct or dishonorable from such service, or (iii) is a 47 discharged LGBT veteran, as defined in section three hundred fifty of 48 the executive law, and has received a discharge other than bad conduct 49 or dishonorable from such service. 50 § 55. Section 245 of the military law, as amended by chapter 713 of 51 the laws of 1964, is amended to read as follows: 52 § 245. Retirement allowances of certain war veterans. Any member of a 53 teachers' retirement system to which the city of New York is required by 54 law to make contributions on account of such member who (i) is an honor- 55 ably discharged member of any branch of the armed forces of the United 56 States, or (ii) has a qualifying condition, as defined in section three

A. 8097 30 1 hundred fifty of the executive law, and has received a discharge other 2 than bad conduct or dishonorable, or (iii) is a discharged LGBT veteran, 3 as defined in section three hundred fifty of the executive law, and has 4 received a discharge other than bad conduct or dishonorable, having 5 served as such during the time of war and who has attained the age of 6 fifty years, may retire upon his own request upon written application to 7 the board setting forth at what time not less than thirty days subse- 8 quent to the execution and filing thereof he desires to be retired, 9 provided that such member at the time so specified for his retirement 10 shall have completed at least twenty-five years of allowable service. 11 Upon retirement such member shall receive an annuity of equivalent actu- 12 arial value to his accumulated deductions, and, in addition, a pension 13 beginning immediately, having a value equal to the present value of the 14 pension that would have become payable had he continued at his current 15 salary to the age at which he would have first become eligible for 16 service retirement, provided, however, that the said member on making 17 application for retirement shall pay into the retirement fund a sum of 18 money which calculated on an actuarial basis, together with his prior 19 contributions and other accumulations in said fund then to his credit, 20 shall be sufficient to entitle the said member to the same annuity and 21 pension that he would have received had he remained in the service of 22 the city until he had attained the age at which he otherwise would have 23 first become eligible for service retirement. 24 Notwithstanding any other provision of this section or of any general, 25 special or local law or code to the contrary, a member of any such 26 teachers' retirement system who (i) is separated or discharged under 27 honorable conditions from any branch of the armed forces of the United 28 States, or (ii) has a qualifying condition, as defined in section three 29 hundred fifty of the executive law, and has received a discharge other 30 than bad conduct or dishonorable, or (iii) is a discharged LGBT veteran, 31 as defined in section three hundred fifty of the executive law, and has 32 received a discharge other than bad conduct or dishonorable, having 33 served as such during the time of war and who has attained the age of 34 fifty years, may retire upon his own request upon written application to 35 the board setting forth at what time, not less than thirty days subse- 36 quent to the execution and filing thereof, he desires to be retired, 37 provided that such member at that time so specified for his retirement 38 shall have completed at least twenty-five years of allowable service. 39 Upon reaching his previously selected minimum retirement age, such 40 member shall receive an annuity of equivalent actuarial value, at that 41 time, to his accumulated deductions, and, in addition, a pension based 42 upon his credited years of allowable service, plus the pension-for-in- 43 creased-take-home-pay, if any. Should such member die before reaching 44 his retirement age, then any beneficiary under a selected option shall 45 be eligible for benefits under such option at the date upon which the 46 member would have reached his selected retirement age. 47 § 56. Section 249 of the military law, as added by chapter 420 of the 48 laws of 1953, is amended to read as follows: 49 § 249. State and municipal officers and employees granted leaves of 50 absence on July fourth in certain cases. Each officer and employee of 51 the state or of a municipal corporation or of any other political subdi- 52 vision thereof who was a member of the national guard or naval militia 53 or a member of the reserve corps at a time when the United States was 54 not at war and who (i) has been honorably discharged therefrom, or (ii) 55 has a qualifying condition, as defined in section three hundred fifty of 56 the executive law, and has received a discharge other than bad conduct

A. 8097 31 1 or dishonorable from such service, or (iii) is a discharged LGBT veter- 2 an, as defined in section three hundred fifty of the executive law, and 3 has received a discharge other than bad conduct or dishonorable from 4 such service, shall, in so far as practicable, be entitled to absent 5 himself from his duties or service, with pay, on July fourth of each 6 year. Notwithstanding the provisions of any general, special or local 7 law or the provisions of any city charter, no such officer or employee 8 shall be subjected by any person whatever directly or indirectly by 9 reason of such absence to any loss or diminution of vacation or holiday 10 privilege or be prejudiced by reason of such absence with reference to 11 promotion or continuance in office or employment or to reappointment to 12 office or to re-employment. 13 § 57. Subdivision 3 of section 1271 of the private housing finance 14 law, as added by section 1 of part Y of chapter 56 of the laws of 2018, 15 is amended to read as follows: 16 3. "Veteran" shall mean a resident of this state who (a) has served in 17 the United States army, navy, marine corps, air force or coast guard or 18 (b) has served on active duty or ordered to active duty as defined in 10 19 USC 101 (d)(1) as a member of the national guard or other reserve compo- 20 nent of the armed forces of the United States or (c) has served on 21 active duty or ordered to active duty for the state, as a member of the 22 state organized militia as defined in subdivision nine of section one of 23 the military law, and has been released from such service documented by 24 an honorable or general discharge, or has a qualifying condition, as 25 defined in section three hundred fifty of the executive law, and has 26 received a discharge other than bad conduct or dishonorable from such 27 service, or is a discharged LGBT veteran, as defined in section three 28 hundred fifty of the executive law, and has received a discharge other 29 than bad conduct or dishonorable from such service. 30 § 58. Subdivision 8-a of section 2165 of the public health law, as 31 added by chapter 542 of the laws of 1998, is amended to read as follows: 32 8-a. Proof of [~~honorable~~] discharge from the armed services within ten 33 years from the date of application to an institution shall qualify as a 34 certificate enabling a student to attend the institution pending actual 35 receipt of immunization records from the armed services. If while await- 36 ing the receipt of actual immunization records a health risk shall arise 37 at an institution, a student presenting a certificate under the terms of 38 this subdivision shall be removed from the institution if proper immuni- 39 zation cannot be proved or otherwise rectified. 40 § 59. The opening paragraph and paragraph (d) of subdivision 1 of 41 section 2632 of the public health law, as amended by chapter 414 of the 42 laws of 2015, are amended to read as follows: 43 Every veteran of the armed forces of the United States, who (i) (A) 44 was separated or discharged under honorable conditions after serving on 45 active duty therein for a period of not less than thirty days, or (B) 46 has a qualifying condition, as defined in section three hundred fifty of 47 the executive law, and has received a discharge other than bad conduct 48 or dishonorable after serving on active duty therein for a period of not 49 less than thirty days, or (C) is a discharged LGBT veteran, as defined 50 in section three hundred fifty of the executive law, and has received a 51 discharge other than bad conduct or dishonorable after serving on active 52 duty therein for a period of not less than thirty days, or (ii) (A) was 53 separated or discharged under honorable conditions after serving on 54 active duty therein for a period of not less than thirty days or (B) has 55 a qualifying condition, as defined in section three hundred fifty of the 56 executive law, and has received a discharge other than bad conduct or

A. 8097 32 1 dishonorable after serving on active duty therein for a period of not 2 less than thirty days, or (C) is a discharged LGBT veteran, as defined 3 in section three hundred fifty of the executive law, and has received a 4 discharge other than bad conduct or dishonorable after serving on active 5 duty therein for a period of not less than thirty days, and who was a 6 recipient of the armed forces expeditionary medal, navy expeditionary 7 medal or marine corps expeditionary medal for participation in oper- 8 ations in Lebanon from June first, nineteen hundred eighty-three to 9 December first, nineteen hundred eighty-seven, in Grenada from October 10 twenty-third, nineteen hundred eighty-three to November twenty-first, 11 nineteen hundred eighty-three, or in Panama from December twentieth, 12 nineteen hundred eighty-nine to January thirty-first, nineteen hundred 13 ninety, or in Bosnia and Herzgegovina from November twenty-first, nine- 14 teen hundred ninety-five to November first, two thousand seven, or was a 15 recipient of the Kosovo campaign medal or (iii) (A) was separated or 16 discharged under honorable conditions after serving on active duty ther- 17 ein for a period of not less than thirty days or (B) has a qualifying 18 condition, as defined in section three hundred fifty of the executive 19 law, and has received a discharge other than bad conduct or dishonorable 20 after serving on active duty therein for a period of not less than thir- 21 ty days, or (C) is a discharged LGBT veteran, as defined in section 22 three hundred fifty of the executive law, and has received a discharge 23 other than bad conduct or dishonorable after serving on active duty 24 therein for a period of not less than thirty days, and who served during 25 the period of actual hostilities of either 26 (d) world war II between December seventh, nineteen hundred forty-one 27 and December thirty-first, nineteen hundred forty-six, both inclusive, 28 or who was employed by the War Shipping Administration or Office of 29 Defense Transportation or their agents as a merchant seaman documented 30 by the United States Coast Guard or Department of Commerce, or as a 31 civil servant employed by the United States Army Transport Service 32 (later redesignated as the United States Army Transportation Corps, 33 Water Division) or the Naval Transportation Service; and who served 34 satisfactorily as a crew member during the period of armed conflict, 35 December seventh, nineteen hundred forty-one, to August fifteenth, nine- 36 teen hundred forty-five, aboard merchant vessels in oceangoing, i.e., 37 foreign, intercoastal, or coastwise service as such terms are defined 38 under federal law (46 USCA 10301 & 10501) and further to include "near 39 foreign" voyages between the United States and Canada, Mexico, or the 40 West Indies via ocean routes, or public vessels in oceangoing service or 41 foreign waters and who has received a Certificate of Release or 42 Discharge from Active Duty and a discharge certificate, or an Honorable 43 Service Certificate/Report of Casualty, from the Department of Defense, 44 or who served as a United States civilian employed by the American Field 45 Service and served overseas under United States Armies and United States 46 Army Groups in world war II during the period of armed conflict, Decem- 47 ber seventh, nineteen hundred forty-one through May eighth, nineteen 48 hundred forty-five, and who (i) was discharged or released therefrom 49 under honorable conditions, or (ii) has a qualifying condition, as 50 defined in section three hundred fifty of the executive law, and has 51 received a discharge other than bad conduct or dishonorable from such 52 service, or (iii) is a discharged LGBT veteran, as defined in section 53 three hundred fifty of the executive law, and has received a discharge 54 other than bad conduct or dishonorable from such service, or who served 55 as a United States civilian Flight Crew and Aviation Ground Support 56 Employee of Pan American World Airways or one of its subsidiaries or its

A. 8097 33 1 affiliates and served overseas as a result of Pan American's contract 2 with Air Transport Command or Naval Air Transport Service during the 3 period of armed conflict, December fourteenth, nineteen hundred forty- 4 one through August fourteenth, nineteen hundred forty-five, and who (iv) 5 was discharged or released therefrom under honorable conditions, or (v) 6 has a qualifying condition, as defined in section three hundred fifty of 7 the executive law, and has received a discharge other than bad conduct 8 or dishonorable from such service, or (vi) is a discharged LGBT veteran, 9 as defined in section three hundred fifty of the executive law, and has 10 received a discharge other than bad conduct or dishonorable from such 11 service; or 12 § 60. Subdivision 3 of section 3422 of the public health law, as added 13 by chapter 854 of the laws of 1971, is amended to read as follows: 14 3. A candidate who fails to attain a passing grade on his licensing 15 examination is entitled to a maximum of three re-examinations; provided, 16 however, that if such candidate fails to attain a passing grade within 17 three years after completion of his training, he must requalify in 18 accordance with the provisions of the public health law and rules and 19 regulations promulgated thereunder existing and in force as of the date 20 of subsequent application for licensing examination, except that a 21 satisfactorily completed required course of study need not be recom- 22 pleted. A candidate inducted into the armed forces of the United States 23 during or after completion of training may (a) after honorable discharge 24 or (b) after a discharge other than bad conduct or dishonorable where 25 the candidate (i) has a qualifying condition, as defined in section 26 three hundred fifty of the executive law, or (ii) is a discharged LGBT 27 veteran, as defined in section three hundred fifty of the executive law, 28 and upon proper application as required by the department be eligible 29 for an exemption with respect to time served in such service. 30 § 61. Subparagraph 2 of paragraph b of subdivision 1 of section 156 of 31 the public housing law, as amended by chapter 639 of the laws of 1968, 32 is amended to read as follows: 33 (2) (i) have been thereafter discharged or released therefrom under 34 conditions other than dishonorable, or (ii) have a qualifying condition, 35 as defined in section three hundred fifty of the executive law, and have 36 received a discharge other than bad conduct or dishonorable from such 37 service, or (iii) are discharged LGBT veterans, as defined in section 38 three hundred fifty of the executive law, and have received a discharge 39 other than bad conduct or dishonorable from such service, or (iv) died 40 in such service, not more than five years prior to the time of applica- 41 tion for admission to such project, and 42 § 62. Section 63 of the public officers law, as amended by chapter 179 43 of the laws of 2006, is amended to read as follows: 44 § 63. Leave of absence for veterans on Memorial day and Veterans' day. 45 It shall be the duty of the head of every public department and of every 46 court of the state of New York, of every superintendent or foreman on 47 the public works of said state, of the county officers of the several 48 counties of said state, of the town officers of the various towns in 49 this state, of the fire district officers of the various fire districts 50 in this state, and of the head of every department, bureau and office in 51 the government of the various cities and villages in this state, and the 52 officers of any public benefit corporation or any public authority of 53 this state, or of any public benefit corporation or public authority of 54 any county or subdivision of this state, to give leave of absence with 55 pay for twenty-four hours on the day prescribed by law as a public holi- 56 day for the observance of Memorial day and on the eleventh day of Novem-

A. 8097 34 1 ber, known as Veterans' day, to every person in the service of the 2 state, the county, the town, the fire district, the city or village, the 3 public benefit corporation or public authority of this state, or any 4 public benefit corporation or public authority of any county or subdivi- 5 sion of this state, as the case may be, (i) who served on active duty in 6 the armed forces of the United States during world war I or world war 7 II, 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 (a) was discharged or released therefrom 28 under honorable conditions, or (b) has a qualifying condition, as 29 defined in section three hundred fifty of the executive law, and has 30 received a discharge other than bad conduct or dishonorable from such 31 service, or (c) is a discharged LGBT veteran, as defined in section 32 three hundred fifty of the executive law, and has received a discharge 33 other than bad conduct or dishonorable from such service or who served 34 as a United States civilian Flight Crew and Aviation Ground Support 35 Employee of Pan American World Airways or one of its subsidiaries or its 36 affiliates and served overseas as a result of Pan American's contract 37 with Air Transport Command or Naval Air Transport Service during the 38 period of armed conflict, December fourteenth, nineteen hundred forty- 39 one through August fourteenth, nineteen hundred forty-five, and who (d) 40 was discharged or released therefrom under honorable conditions, or (e) 41 has a qualifying condition, as defined in section three hundred fifty of 42 the executive law, and has received a discharge other than bad conduct 43 or dishonorable from such service, or (f) is a discharged LGBT veteran, 44 as defined in section three hundred fifty of the executive law, and has 45 received a discharge other than bad conduct or dishonorable from such 46 service or during the period of the Korean conflict at any time between 47 the dates of June twenty-seventh, nineteen hundred fifty and January 48 thirty-first, nineteen hundred fifty-five, or during the period of the 49 Vietnam conflict from the twenty-eighth day of February, nineteen 50 hundred sixty-one to the seventh day of May, nineteen hundred seventy- 51 five, or (ii) who served on active duty in the armed forces of the 52 United States and who was a recipient of the armed forces expeditionary 53 medal, navy expeditionary medal or marine corps expeditionary medal for 54 participation in operations in Lebanon from June first, nineteen hundred 55 eighty-three to December first, nineteen hundred eighty-seven, in Grena- 56 da from October twenty-third, nineteen hundred eighty-three to November

A. 8097 35 1 twenty-first, nineteen hundred eighty-three, or in Panama from December 2 twentieth, nineteen hundred eighty-nine to January thirty-first, nine- 3 teen hundred ninety, or (iii) who served in the armed forces of a 4 foreign country allied with the United States during world war I or 5 world war II, or during the period of the Korean conflict at any time 6 between June twenty-seventh, nineteen hundred fifty and January thirty- 7 first, nineteen hundred fifty-five, or during the period of the Vietnam 8 conflict from the twenty-eighth day of February, nineteen hundred 9 sixty-one to the seventh day of May, nineteen hundred seventy-five, or 10 during the period of the Persian Gulf conflict from the second day of 11 August, nineteen hundred ninety to the end of such conflict, or who 12 served on active duty in the army or navy or marine corps or air force 13 or coast guard of the United States, and who (a) was honorably 14 discharged or separated from such service under honorable conditions, or 15 (b) has a qualifying condition, as defined in section three hundred 16 fifty of the executive law, and has received a discharge other than bad 17 conduct or dishonorable from such service, or (c) is a discharged LGBT 18 veteran, as defined in section three hundred fifty of the executive law, 19 and has received a discharge other than bad conduct or dishonorable from 20 such service except where such action would endanger the public safety 21 or the safety or health of persons cared for by the state, in which 22 event such persons shall be entitled to leave of absence with pay on 23 another day in lieu thereof. All such persons who are compensated on a 24 per diem, hourly, semi-monthly or monthly basis, with or without mainte- 25 nance, shall also be entitled to leave of absence with pay under the 26 provisions of this section and no deduction in vacation allowance or 27 budgetary allowable number of working days shall be made in lieu there- 28 of. A refusal to give such leave of absence to one entitled thereto 29 shall be neglect of duty. 30 § 63. Subdivision 2 of section 458 of the real property tax law, as 31 amended by chapter 63 of the laws of 1976, is amended to read as 32 follows: 33 2. Real property purchased with moneys collected by popular 34 subscription in partial recognition of extraordinary services rendered 35 by any [~~honorably discharged~~] veteran of world war one, world war two, 36 or of the hostilities which commenced June twenty-seventh, nineteen 37 hundred fifty, who (a) was honorably discharged from such service, or 38 (b) has a qualifying condition, as defined in section three hundred 39 fifty of the executive law, and has received a discharge other than bad 40 conduct or dishonorable from such service, or (c) is a discharged LGBT 41 veteran, as defined in section three hundred fifty of the executive law, 42 and has received a discharge other than bad conduct or dishonorable from 43 such service, and who sustained permanent disability while on military 44 duty, either total or partial, and owned by the person who sustained 45 such injuries, or by his or her spouse or unremarried surviving spouse, 46 or dependent father or mother, is subject to taxation as herein 47 provided. Such property shall be assessed in the same manner as other 48 real property in the tax district. At the meeting of the assessors to 49 hear complaints concerning the assessments, a verified application for 50 the exemption of such real property from taxation may be presented to 51 them by or on behalf of the owner thereof, which application must show 52 the facts on which the exemption is claimed, including the amount of 53 moneys so raised and used in or toward the purchase of such property. No 54 exemption on account of any such gift shall be allowed in excess of five 55 thousand dollars. The application for exemption shall be presented and 56 action thereon taken in the manner provided by subdivision one of this

A. 8097 36 1 section. If no application for exemption be granted, the property shall 2 be subject to taxation for all purposes. The provisions herein, relating 3 to the assessment and exemption of property purchased with moneys raised 4 by popular subscription, apply and shall be enforced in each municipal 5 corporation authorized to levy taxes. 6 § 64. Subdivision 4-a of section 458 of the real property tax law, as 7 amended by chapter 616 of the laws of 1995, is amended to read as 8 follows: 9 4-a. For the purposes of this section, the term "military or naval 10 services" shall be deemed to also include service: (a) by a person who 11 was employed by the War Shipping Administration or Office of Defense 12 Transportation or their agents as a merchant seaman documented by the 13 United States Coast Guard or Department of Commerce, or as a civil serv- 14 ant employed by the United States Army Transport Service (later redesig- 15 nated as the United States Army Transportation Corps, Water Division) or 16 the Naval Transportation Service; and who served satisfactorily as a 17 crew member during the period of armed conflict, December seventh, nine- 18 teen hundred forty-one, to August fifteenth, nineteen hundred forty- 19 five, aboard merchant vessels in oceangoing, i.e., foreign, inter- 20 coastal, or coastwise service as such terms are defined under federal 21 law (46 USCA 10301 & 10501) and further to include "near foreign" 22 voyages between the United States and Canada, Mexico, or the West Indies 23 via ocean routes, or public vessels in oceangoing service or foreign 24 waters and who has received a Certificate of Release or Discharge from 25 Active Duty and a discharge certificate, or an Honorable Service 26 Certificate/Report of Casualty, from the department of defense; (b) 27 service by a United States civilian employed by the American Field 28 Service who served overseas under United States Armies and United States 29 Army Groups in world war II during the period of armed conflict, Decem- 30 ber seventh, nineteen hundred forty-one through May eighth, nineteen 31 hundred forty-five, and who (i) was discharged or released therefrom 32 under honorable conditions, or (ii) has a qualifying condition, as 33 defined in section three hundred fifty of the executive law, and has 34 received a discharge other than bad conduct or dishonorable from such 35 service, or (iii) is a discharged LGBT veteran, as defined in section 36 three hundred fifty of the executive law, and has received a discharge 37 other than bad conduct or dishonorable from such service; or (c) service 38 by a United States civilian Flight Crew and Aviation Ground Support 39 Employee of Pan American World Airways or one of its subsidiaries or its 40 affiliates who served overseas as a result of Pan American's contract 41 with Air Transport Command or Naval Air Transport Service during the 42 period of armed conflict, December fourteenth, nineteen hundred forty- 43 one through August fourteenth, nineteen hundred forty-five, and who (i) 44 was discharged or released therefrom under honorable conditions, or (ii) 45 has a qualifying condition, as defined in section three hundred fifty of 46 the executive law, and has received a discharge other than bad conduct 47 or dishonorable from such service, or (iii) is a discharged LGBT veter- 48 an, as defined in section three hundred fifty of the executive law, and 49 has received a discharge other than bad conduct or dishonorable from 50 such service. 51 § 65. Paragraph (e) of subdivision 1 of section 458-a of the real 52 property tax law, as amended by chapter 384 of the laws of 2008, is 53 amended to read as follows: 54 (e) "Veteran" means a person (i) who served in the active military, 55 naval, or air service during a period of war, or who was a recipient of 56 the armed forces expeditionary medal, navy expeditionary medal, marine

A. 8097 37 1 corps expeditionary medal, or global war on terrorism expeditionary 2 medal, and who (1) was discharged or released therefrom under honorable 3 conditions, or (2) has a qualifying condition, as defined in section 4 three hundred fifty of the executive law, and has received a discharge 5 other than bad conduct or dishonorable from such service, or (3) is a 6 discharged LGBT veteran, as defined in section three hundred fifty of 7 the executive law, and has received a discharge other than bad conduct 8 or dishonorable from such service, (ii) who was employed by the War 9 Shipping Administration or Office of Defense Transportation or their 10 agents as a merchant seaman documented by the United States Coast Guard 11 or Department of Commerce, or as a civil servant employed by the United 12 States Army Transport Service (later redesignated as the United States 13 Army Transportation Corps, Water Division) or the Naval Transportation 14 Service; and who served satisfactorily as a crew member during the peri- 15 od of armed conflict, December seventh, nineteen hundred forty-one, to 16 August fifteenth, nineteen hundred forty-five, aboard merchant vessels 17 in oceangoing, i.e., foreign, intercoastal, or coastwise service as such 18 terms are defined under federal law (46 USCA 10301 & 10501) and further 19 to include "near foreign" voyages between the United States and Canada, 20 Mexico, or the West Indies via ocean routes, or public vessels in ocean- 21 going service or foreign waters and who has received a Certificate of 22 Release or Discharge from Active Duty and a discharge certificate, or an 23 Honorable Service Certificate/Report of Casualty, from the department of 24 defense, (iii) who served as a United States civilian employed by the 25 American Field Service and served overseas under United States Armies 26 and United States Army Groups in world war II during the period of armed 27 conflict, December seventh, nineteen hundred forty-one through May 28 eighth, nineteen hundred forty-five, and who (1) was discharged or 29 released therefrom under honorable conditions, or (2) has a qualifying 30 condition, as defined in section three hundred fifty of the executive 31 law, and has received a discharge other than bad conduct or dishonorable 32 from such service, or (3) is a discharged LGBT veteran, as defined in 33 section three hundred fifty of the executive law, and has received a 34 discharge other than bad conduct or dishonorable from such service, (iv) 35 who served as a United States civilian Flight Crew and Aviation Ground 36 Support Employee of Pan American World Airways or one of its subsid- 37 iaries or its affiliates and served overseas as a result of Pan Ameri- 38 can's contract with Air Transport Command or Naval Air Transport Service 39 during the period of armed conflict, December fourteenth, nineteen 40 hundred forty-one through August fourteenth, nineteen hundred forty- 41 five, and who (1) was discharged or released therefrom under honorable 42 conditions, or (2) has a qualifying condition, as defined in section 43 three hundred fifty of the executive law, and has received a discharge 44 other than bad conduct or dishonorable from such service, or (3) is a 45 discharged LGBT veteran, as defined in section three hundred fifty of 46 the executive law, and has received a discharge other than bad conduct 47 or dishonorable from such service, or (v) notwithstanding any other 48 provision of law to the contrary, who are members of the reserve compo- 49 nents of the armed forces of the United States who (1) received an 50 honorable discharge or release therefrom under honorable conditions, or 51 (2) has a qualifying condition, as defined in section three hundred 52 fifty of the executive law, and has received a discharge other than bad 53 conduct or dishonorable from such service, or (3) is a discharged LGBT 54 veteran, as defined in section three hundred fifty of the executive law, 55 and has received a discharge other than bad conduct or dishonorable from 56 such service, but are still members of the reserve components of the

A. 8097 38 1 armed forces of the United States provided that such members meet all 2 other qualifications under the provisions of this section. 3 § 66. Subdivision 10 of section 458-a of the real property tax law, as 4 amended by chapter 141 of the laws of 2017, is amended to read as 5 follows: 6 10. A county, city, town, village or school district may adopt a local 7 law or resolution to include those military personnel who served in the 8 Reserve component of the United States Armed Forces that were deemed on 9 active duty under Executive Order 11519 signed March twenty-third, nine- 10 teen hundred seventy, 35 Federal Register 5003, dated March twenty- 11 fourth, nineteen hundred seventy and later designated by the United 12 States Department of Defense as Operation Graphic Hand, if such member 13 (1) was discharged or released therefrom under honorable conditions, or 14 (2) has a qualifying condition, as defined in section three hundred 15 fifty of the executive law, and has received a discharge other than bad 16 conduct or dishonorable from such service, or (3) is a discharged LGBT 17 veteran, as defined in section three hundred fifty of the executive law, 18 and has received a discharge other than bad conduct or dishonorable from 19 such service, provided that such veteran meets all other qualifications 20 of this section. 21 § 67. Paragraph (a) of subdivision 1 of section 458-b of the real 22 property tax law, as amended by chapter 6 of the laws of 2008, is 23 amended to read as follows: 24 (a) "Cold War veteran" means a person, male or female, who served on 25 active duty in the United States armed forces, during the time period 26 from September second, nineteen hundred forty-five to December twenty- 27 sixth, nineteen hundred ninety-one, and (i) was discharged or released 28 therefrom under honorable conditions, or (ii) has a qualifying condi- 29 tion, as defined in section three hundred fifty of the executive law, 30 and has received a discharge other than bad conduct or dishonorable from 31 such service, or (iii) is a discharged LGBT veteran, as defined in 32 section three hundred fifty of the executive law, and has received a 33 discharge other than bad conduct or dishonorable from such service. 34 § 68. Subparagraph (v) of paragraph (a) of subdivision 1 of section 35 122 of the social services law, as amended by chapter 214 of the laws of 36 1998, is amended to read as follows: 37 (v) any alien lawfully residing in the state who is on active duty in 38 the armed forces (other than active duty for training) or who (1) has 39 received an honorable discharge (and not on account of alienage) from 40 the armed forces, or (2) has a qualifying condition, as defined in 41 section three hundred fifty of the executive law, and has received a 42 discharge other than bad conduct or dishonorable (and not on account of 43 alienage) from the armed forces, or (3) is a discharged LGBT veteran, as 44 defined in section three hundred fifty of the executive law, and has 45 received a discharge other than bad conduct or dishonorable (and not on 46 account of alienage) from the armed forces, or the spouse, unremarried 47 surviving spouse or unmarried dependent child of any such alien, if such 48 alien, spouse or dependent child is a qualified alien as defined in 49 section 431 of the federal personal responsibility and work opportunity 50 reconciliation act of 1996 (8 U.S. Code 1641), as amended; 51 § 69. Subdivision 1 of section 168 of the social services law, as 52 amended by chapter 467 of the laws of 1991, is amended to read as 53 follows: 54 1. Veteran means a person, male or female, who has served in the armed 55 forces of the United States in time of war, or who was a recipient of 56 the armed forces expeditionary medal, navy expeditionary medal or marine

A. 8097 39 1 corps expeditionary medal for participation in operations in Lebanon 2 from June first, nineteen hundred eighty-three to December first, nine- 3 teen hundred eighty-seven, in Grenada from October twenty-third, nine- 4 teen hundred eighty-three to November twenty-first, nineteen hundred 5 eighty-three, or in Panama from December twentieth, nineteen hundred 6 eighty-nine to January thirty-first, nineteen hundred ninety, and who 7 (1) has been honorably discharged or released under honorable circum- 8 stances from such service or furloughed to the reserve, or (2) has a 9 qualifying condition, as defined in section three hundred fifty of the 10 executive law, and has received a discharge other than bad conduct or 11 dishonorable from such service, or (3) is a discharged LGBT veteran, as 12 defined in section three hundred fifty of the executive law, and has 13 received a discharge other than bad conduct or dishonorable from such 14 service. 15 § 70. Paragraph 5 of subdivision 2 of section 168 of the social 16 services law, as amended by chapter 616 of the laws of 1995, is amended 17 to read as follows: 18 (5) World war II; from the seventh day of December, nineteen hundred 19 forty-one to and including the thirty-first day of December, nineteen 20 hundred forty-six, or who was employed by the War Shipping Adminis- 21 tration or Office of Defense Transportation or their agents as a 22 merchant seaman documented by the United States Coast Guard or Depart- 23 ment of Commerce, or as a civil servant employed by the United States 24 Army Transport Service (later redesignated as the United States Army 25 Transportation Corps, Water Division) or the Naval Transportation 26 Service; and who served satisfactorily as a crew member during the peri- 27 od of armed conflict, December seventh, nineteen hundred forty-one, to 28 August fifteenth, nineteen hundred forty-five, aboard merchant vessels 29 in oceangoing, i.e., foreign, intercoastal, or coastwise service as such 30 terms are defined under federal law (46 USCA 10301 & 10501) and further 31 to include "near foreign" voyages between the United States and Canada, 32 Mexico, or the West Indies via ocean routes, or public vessels in ocean- 33 going service or foreign waters and who has received a Certificate of 34 Release or Discharge from Active Duty and a discharge certificate, or an 35 Honorable Service Certificate/Report of Casualty, from the Department of 36 Defense or who served as a United States civilian employed by the Ameri- 37 can Field Service and served overseas under United States Armies and 38 United States Army Groups in world war II during the period of armed 39 conflict, December seventh, nineteen hundred forty-one through May 40 eighth, nineteen hundred forty-five, and who (i) was discharged or 41 released therefrom under honorable conditions, or (ii) has a qualifying 42 condition, as defined in section three hundred fifty of the executive 43 law, and has received a discharge other than bad conduct or dishonorable 44 from such service, or (iii) is a discharged LGBT veteran, as defined in 45 section three hundred fifty of the executive law, and has received a 46 discharge other than bad conduct or dishonorable from such service, or 47 who served as a United States civilian Flight Crew and Aviation Ground 48 Support Employee of Pan American World Airways or one of its subsid- 49 iaries or its affiliates and served overseas as a result of Pan Ameri- 50 can's contract with Air Transport Command or Naval Air Transport Service 51 during the period of armed conflict, December fourteenth, nineteen 52 hundred forty-one through August fourteenth, nineteen hundred forty- 53 five, and who (iv) was discharged or released therefrom under honorable 54 conditions, or (v) has a qualifying condition, as defined in section 55 three hundred fifty of the executive law, and has received a discharge 56 other than bad conduct or dishonorable from such service, or (vi) is a

A. 8097 40 1 discharged LGBT veteran, as defined in section three hundred fifty of 2 the executive law, and has received a discharge other than bad conduct 3 or dishonorable from such service. 4 § 71. Subparagraph 1 of paragraph (b) of subdivision 29 of section 5 210-B of the tax law, as amended by section 1 of part Q of chapter 59 of 6 the laws of 2018, is amended to read as follows: 7 (1) who served on active duty in the United States army, navy, air 8 force, marine corps, coast guard or the reserves thereof, or who served 9 in active military service of the United States as a member of the army 10 national guard, air national guard, New York guard or New York naval 11 militia; who (i) was released from active duty by general or honorable 12 discharge after September eleventh, two thousand one, or (ii) has a 13 qualifying condition, as defined in section three hundred fifty of the 14 executive law, and has received a discharge other than bad conduct or 15 dishonorable from such service after September eleventh, two thousand 16 one, or (iii) is a discharged LGBT veteran, as defined in section three 17 hundred fifty of the executive law, and has received a discharge other 18 than bad conduct or dishonorable from such service after September elev- 19 enth, two thousand one; 20 § 72. Subparagraph (A) of paragraph 2 of subsection (a-2) of section 21 606 of the tax law, as amended by section 2 of part Q of chapter 59 of 22 the laws of 2018, is amended to read as follows: 23 (A) who served on active duty in the United States army, navy, air 24 force, marine corps, coast guard or the reserves thereof, or who served 25 in active military service of the United States as a member of the army 26 national guard, air national guard, New York guard or New York naval 27 militia; who (i) was released from active duty by general or honorable 28 discharge after September eleventh, two thousand one, or (ii) has a 29 qualifying condition, as defined in section three hundred fifty of the 30 executive law, and has received a discharge other than bad conduct or 31 dishonorable from such service after September eleventh, two thousand 32 one, or (iii) is a discharged LGBT veteran, as defined in section three 33 hundred fifty of the executive law, and has received a discharge other 34 than bad conduct or dishonorable from such service after September elev- 35 enth, two thousand one; 36 § 73. Subparagraph (A) of paragraph 2 of subsection (g-1) of section 37 1511 of the tax law, as amended by section 3 of part Q of chapter 59 of 38 the laws of 2018, is amended to read as follows: 39 (A) who served on active duty in the United States army, navy, air 40 force, marine corps, coast guard or the reserves thereof, or who served 41 in active military service of the United States as a member of the army 42 national guard, air national guard, New York guard or New York naval 43 militia; who (i) was released from active duty by general or honorable 44 discharge after September eleventh, two thousand one, or (ii) has a 45 qualifying condition, as defined in section three hundred fifty of the 46 executive law, and has received a discharge other than bad conduct or 47 dishonorable from such service after September eleventh, two thousand 48 one, or (iii) is a discharged LGBT veteran, as defined in section three 49 hundred fifty of the executive law, and has received a discharge other 50 than bad conduct or dishonorable from such service after September elev- 51 enth, two thousand one; 52 § 74. Section 295 of the town law, as amended by chapter 658 of the 53 laws of 2004, is amended to read as follows: 54 § 295. Removal of remains of deceased members of armed forces. Upon a 55 verified petition presented to a judge of a court of record by any armed 56 forces' organization in any town or city in this state by a majority of

A. 8097 41 1 its officers, or a majority of any memorial committee in any town or 2 city where there are two or more veteran armed forces' organizations, or 3 in towns or cities where there are no veteran armed forces' organiza- 4 tions, upon the petition of five or more veterans of the armed forces, 5 the judge to whom said verified petition is presented shall make an 6 order to show cause, returnable before him at a time and place within 7 the county in not less than fourteen or more than twenty days from the 8 date of presentation of said petition, why the remains of any deceased 9 members of the armed forces buried in potter's field, or in any 10 neglected or abandoned cemeteries, should not be removed to and rein- 11 terred in a properly kept incorporated cemetery in the same town or city 12 or in a town adjoining the town or city in which the remains of a 13 deceased member of the armed forces are buried, and to fix the amount of 14 the expenses for such removal and reinterment, and the order to show 15 cause shall provide for its publication in a newspaper, to be designated 16 in the order, which is published nearest to the cemetery from which the 17 removal is sought to be made, once in each week for two successive 18 weeks. The verified petition presented to the judge shall show that the 19 petitioners are a majority of the officers of a veteran armed forces 20 organization, or a majority of a memorial committee in towns or cities 21 where two or more veteran armed forces organizations exist, or that the 22 petitioners are honorably discharged veterans of the armed forces in 23 towns or cities where no veteran armed forces organization exists, or 24 that the petitioners have a qualifying condition, as defined in section 25 three hundred fifty of the executive law, and received a discharge other 26 than bad conduct or dishonorable from such service and are in towns or 27 cities where no veteran armed forces organizations exist, or that the 28 petitioners are discharged LGBT veterans, as defined in section three 29 hundred fifty of the executive law, and received a discharge other than 30 bad conduct or dishonorable from such service and are in towns and 31 cities where no veteran armed forces organizations exist, and (1) the 32 name of the deceased member or members of the armed forces, whose 33 remains are sought to be removed, and if known the unit in which he or 34 they served; (2) the name and location of the cemetery in which he is 35 interred and from which removal is asked to be made; (3) the name and 36 location of the incorporated cemetery to which the remains are desired 37 to be removed and reinterred; (4) the facts showing the reasons for such 38 removal. Upon the return day of the order to show cause and at the time 39 and place fixed in said order, upon filing proof of publication of the 40 order to show cause with the judge, if no objection is made thereto, he 41 shall make an order directing the removal of the remains of said 42 deceased member or members of the armed forces to the cemetery desig- 43 nated in the petition within the town or city or within a town adjoining 44 the town or city in which the remains are then buried and shall specify 45 in the order the amount of the expenses of such removal, which expenses 46 of removal and reinterment, including the expense of the proceeding 47 under this section, shall be a charge upon the county in which the town 48 or city is situated from which the removal is made and such expenses 49 shall be a county charge and audited by the board of supervisors of the 50 county and paid in the same manner as other county charges. On and after 51 the removal and reinterment of the remains of the deceased member or 52 members of the armed forces in the armed forces' plot, the expenses for 53 annual care of the grave in the armed forces' burial plot to which the 54 removal is made shall be annually provided by the town or city in which 55 the remains were originally buried, at the rate of not to exceed twenty 56 dollars per grave, and shall be paid annually to the incorporated ceme-

A. 8097 42 1 tery association to which the remains of each deceased member of the 2 armed forces may be removed and reinterred. The petition and order shall 3 be filed in the county clerk's office of the county in which the remains 4 of the deceased member of the armed forces were originally interred, and 5 the service of a certified copy of the final order upon the cemetery 6 association shall be made prior to any removal. Any relative of the 7 deceased member or members of the armed forces, or the officer of any 8 cemetery association in which the remains of the deceased member or 9 members of the armed forces were originally interred, or the authorities 10 of the county in which the member or members of the armed forces were 11 originally buried, may oppose the granting of said order and the judge 12 shall summarily hear the statement of the parties and make such order as 13 the justice and equity of the application shall require. Any headstone 14 or monument which marks the grave of the deceased member of the armed 15 forces shall be removed and reset at the grave in the cemetery in which 16 the removal is permitted to be made and in each case the final order 17 shall provide the amount of the expenses of such removals and reinter- 18 ment and resetting of the headstone or monument, including the expenses 19 of the proceedings under this section; except that where provision is 20 otherwise made for the purchase or erection of a new headstone, monument 21 or marker at the grave in the cemetery to which such removal is permit- 22 ted, such old headstone or monument need not be so removed and reset, in 23 which case such final order shall not provide for the expense of reset- 24 ting. The order shall designate the person or persons having charge of 25 the removals and reinterments. Upon completion of the removal, reinter- 26 ment and resetting of the headstones or monuments, the person or persons 27 having charge of the same shall make a verified report of the removal, 28 reinterment and resetting of the headstone or monument and file the 29 report in the clerk's office of the proper county. The words "member of 30 the armed forces" shall be construed to mean [~~an honorably discharged~~] a 31 member of the armed forces who served in the armed forces of the United 32 States and who (5) was honorably discharged from such service, or (6) 33 has a qualifying condition, as defined in section three hundred fifty of 34 the executive law, and has received a discharge other than bad conduct 35 or dishonorable from such service, or (7) is a discharged LGBT veteran, 36 as defined in section three hundred fifty of the executive law, and has 37 received a discharge other than bad conduct or dishonorable from such 38 service, and the words "armed forces plot" shall be construed to mean a 39 plot of land in any incorporated cemetery set apart to be exclusively 40 used as a place for interring the remains of deceased veterans of the 41 armed forces of the United States. 42 § 75. Section 404-v of the vehicle and traffic law, as added by chap- 43 ter 389 of the laws of 2004, is amended to read as follows: 44 § 404-v. Distinctive plates for the United States Naval Armed Guard. 45 1. Any [~~honorably discharged~~] member of the United States Naval Armed 46 Guard residing in this state shall, upon request, be issued a license 47 plate bearing the words "United States Naval Armed Guard", or such other 48 phrase as the commissioner shall designate showing the registrant served 49 in the United States Naval Armed Guard. Application for such license 50 plate shall be filed with the commissioner in such form and detail as 51 the commissioner shall prescribe. 52 2. The distinctive plate authorized pursuant to this section shall be 53 issued upon proof, satisfactory to the commissioner, that the applicant 54 is [~~an honorably discharged~~] a veteran who served in the United States 55 Naval Armed Guard and who (1) was honorably discharged from such 56 service, or (2) has a qualifying condition, as defined in section three

A. 8097 43 1 hundred fifty of the executive law, and has received a discharge other 2 than bad conduct or dishonorable from such service, or (3) is a 3 discharged LGBT veteran, as defined in section three hundred fifty of 4 the executive law, and has received a discharge other than bad conduct 5 or dishonorable from such service. 6 3. A distinctive plate issued pursuant to this section shall be issued 7 in the same manner as other number plates upon payment of the regular 8 registration fee prescribed by section four hundred one of this article, 9 provided, however, that an additional one-time service charge of ten 10 dollars shall be charged for such plate. Provided, however, that one 11 year after the effective date of this section funds in the amount of 12 five thousand dollars, or so much thereof as may be available, shall be 13 allocated from such funds to the department to offset costs associated 14 with the production of such license plates. 15 § 76. Subdivision 1 of section 404-w of the vehicle and traffic law, 16 as added by chapter 105 of the laws of 2005, is amended to read as 17 follows: 18 1. Any war on terror veteran residing in this state shall, upon 19 request, be issued a license plate bearing the words "War on Terror 20 veteran". Application for said license plate shall be filed with the 21 commissioner in such form and detail as the commissioner shall 22 prescribe. For purposes of this section, a "war on terror" veteran shall 23 mean: 24 (a) a person who served in the armed forces of the United States in 25 the hostilities that occurred in the Persian Gulf from the eleventh day 26 of September, two thousand one, to the end of such hostilities, who (i) 27 was discharged therefrom under other than dishonorable conditions, or 28 (ii) has a qualifying condition, as defined in section three hundred 29 fifty of the executive law, and has received a discharge other than bad 30 conduct or dishonorable from such service, or (iii) is a discharged LGBT 31 veteran, as defined in section three hundred fifty of the executive law, 32 and has received a discharge other than bad conduct or dishonorable from 33 such service; or 34 (b) a person who served in the armed forces of the United States in 35 the hostilities that occurred in Afghanistan from the eleventh day of 36 September, two thousand one, to the end of such hostilities, who (i) was 37 discharged therefrom under other than dishonorable conditions, or (ii) 38 has a qualifying condition, as defined in section three hundred fifty of 39 the executive law, and has received a discharge other than bad conduct 40 or dishonorable from such service, or (iii) is a discharged LGBT veter- 41 an, as defined in section three hundred fifty of the executive law, and 42 has received a discharge other than bad conduct or dishonorable from 43 such service. 44 § 77. Subdivision 3 of section 404-w of the vehicle and traffic law, 45 as added by chapter 493 of the laws of 2005, is amended to read as 46 follows: 47 3. For the purposes of this section, "Persian Gulf veteran" shall mean 48 a person who is a resident of this state, who served in the armed forces 49 of the United States in the hostilities that occurred in the Persian 50 Gulf from the second day of August, nineteen hundred ninety to the end 51 of such hostilities, and [~~were~~] was (a) honorably discharged from the 52 military, or (b) has a qualifying condition, as defined in section three 53 hundred fifty of the executive law, and has received a discharge other 54 than bad conduct or dishonorable from such service, or (c) is a 55 discharged LGBT veteran, as defined in section three hundred fifty of

A. 8097 44 1 the executive law, and has received a discharge other than bad conduct 2 or dishonorable from such service. 3 § 78. Subdivision 3 of section 404-y of the vehicle and traffic law, 4 as added by chapter 107 of the laws of 2017, is amended to read as 5 follows: 6 3. For the purposes of this section, the following terms shall have 7 the following meanings: 8 (a) "Veteran of the Iraq War" shall mean a person who is a resident of 9 this state, who served in the armed forces of the United States in the 10 hostilities that occurred in Iraq from the sixteenth day of October, two 11 thousand two to the end of such hostilities who (i) was discharged ther- 12 efrom under other than dishonorable conditions or (ii) has a qualifying 13 condition, as defined in section three hundred fifty of the executive 14 law, and has received a discharge other than bad conduct or dishonorable 15 from such service, or (iii) is a discharged LGBT veteran, as defined in 16 section three hundred fifty of the executive law, and has received a 17 discharge other than bad conduct or dishonorable from such service; and 18 (b) "Veteran of the Afghanistan War" shall mean a person who is a 19 resident of this state, who served in the armed forces of the United 20 States in the hostilities that occurred in Afghanistan from the seventh 21 day of October, two thousand one to the end of such hostilities who (i) 22 was discharged therefrom under other than dishonorable conditions or 23 (ii) has a qualifying condition, as defined in section three hundred 24 fifty of the executive law, and has received a discharge other than bad 25 conduct or dishonorable from such service, or (iii) is a discharged LGBT 26 veteran, as defined in section three hundred fifty of the executive law, 27 and has received a discharge other than bad conduct or dishonorable from 28 such service. 29 § 79. Paragraph (b) of subdivision 3 of section 490 of the vehicle and 30 traffic law, as amended by chapter 429 of the laws of 2014, is amended 31 to read as follows: 32 (b) The identification card shall contain a distinguishing number or 33 mark and adequate space upon which an anatomical gift, pursuant to arti- 34 cle forty-three of the public health law, by the holder may be recorded 35 and shall contain such other information and shall be issued in such 36 form as the commissioner shall determine; provided, however, every iden- 37 tification card or renewal thereof issued to a person under the age of 38 twenty-one years shall have prominently imprinted thereon the statement 39 "UNDER 21 YEARS OF AGE" in notably distinctive print or format. 40 Provided, further, however, that every identification card issued to an 41 applicant who was a member of the armed forces of the United States and 42 (i) received an honorable discharge or was released therefrom under 43 honorable conditions, or (ii) has a qualifying condition, as defined in 44 section three hundred fifty of the executive 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 of the executive law, and has received a discharge other than bad 48 conduct or dishonorable from such service, shall, upon his or her 49 request and submission of proof as set forth herein, contain a distin- 50 guishing mark, in such form as the commissioner shall determine, indi- 51 cating that he or she is a veteran. Such proof shall consist of a 52 certificate of release or discharge from active duty including but not 53 limited to a DD Form 214 or other proof satisfactory to the commission- 54 er. The commissioner shall not require fees for the issuance of such 55 identification cards or renewals thereof to persons under twenty-one 56 years of age which are different from the fees required for the issuance

A. 8097 45 1 of identification cards or renewals thereof to persons twenty-one years 2 of age or over, nor fees to persons requesting a veteran distinguishing 3 mark which are different from fees that would otherwise be required. 4 Provided, however, that notwithstanding the provisions of section four 5 hundred ninety-one of this article, the commissioner shall not require 6 any fees for the duplication or amendment of an identification card 7 prior to its renewal if such duplication or amendment was solely for the 8 purpose of adding a veteran distinguishing mark to such identification 9 card. 10 § 80. Paragraph (a-1) of subdivision 1 of section 504 of the vehicle 11 and traffic law, as amended by chapter 429 of the laws of 2014, is 12 amended to read as follows: 13 (a-1) Every license or renewal thereof issued to an applicant who was 14 a member of the armed forces of the United States and who (i) received 15 an honorable discharge or was released therefrom under honorable condi- 16 tions, or (ii) has a qualifying condition, as defined in section three 17 hundred fifty of the executive law, and has received a discharge other 18 than bad conduct or dishonorable from such service, or (iii) is a 19 discharged LGBT veteran, as defined in section three hundred fifty of 20 the executive law, and has received a discharge other than bad conduct 21 or dishonorable from such service, shall, upon his or her request and 22 submission of proof as set forth herein, contain a distinguishing mark, 23 in such form as the commissioner shall determine, indicating that he or 24 she is a veteran. Such proof shall consist of a certificate of release 25 or discharge from active duty including but not limited to a DD Form 214 26 or other proof satisfactory to the commissioner. The commissioner shall 27 not require fees for the issuance of such licenses or renewals thereof 28 to persons requesting a veteran distinguishing mark which are different 29 from fees otherwise required; provided, however, that notwithstanding 30 the provisions of this section, the commissioner shall not require fees 31 for a duplication or amendment of a license prior to its renewal if such 32 duplication or amendment was solely for the purpose of adding a veteran 33 distinguishing mark to such license. 34 § 81. Paragraph (a) of subdivision 8 of section 15 of the workers' 35 compensation law, as amended by chapter 635 of the laws of 1996, is 36 amended to read as follows: 37 (a) Declaration of policy and legislative intent. As a guide to the 38 interpretation and application of this subdivision, the policy and 39 intent of this legislature is declared to be as follows: 40 First: That every person in this state who works for a living is enti- 41 tled to reasonable opportunity to maintain his independence and self- 42 respect through self-support even after he/she has been physically hand- 43 icapped by injury or disease; 44 Second: That any plan which will reasonably, equitably and practically 45 operate to break down hindrances and remove obstacles to the employment 46 of partially disabled persons who (i) are honorably discharged from our 47 armed forces, or (ii) have a qualifying condition, as defined in section 48 three hundred fifty of the executive law, and received a discharge other 49 than bad conduct or dishonorable from such service, or (iii) are 50 discharged LGBT veterans, as defined in section three hundred fifty of 51 the executive law, and received a discharge other than bad conduct or 52 dishonorable from such service, or any other physically handicapped 53 persons, is of vital importance to the state and its people and is of 54 concern to this legislature; 55 Third: That it is the considered judgment of this legislature that the 56 system embodied in this subdivision, which makes a logical and equitable

A. 8097 46 1 adjustment of the liability under the workers' compensation law which an 2 employer must assume in hiring employees, constitutes a practical and 3 reasonable approach to a solution of the problem for the employment of 4 physically handicapped persons. 5 Moreover, because of the insidious nature of slowly developing 6 diseases such as silicosis and other dust diseases and because of the 7 reluctance on the part of employers to employ persons previously exposed 8 to silica or other harmful dust, means should also be provided whereby 9 employers will be encouraged to employ and to continue the employment of 10 such persons, by apportioning liability fairly between the employer and 11 industry as a whole without at the same time removing any incentive for 12 the prevention of harmful dust diseases. 13 § 82. This act shall take effect one year after it shall have become a 14 law; provided, however that the amendments to subdivision 7 of section 15 369-h of the executive law made by section twenty-five of this act shall 16 not affect the repeal of such section and shall be deemed repealed ther- 17 ewith. Effective immediately, the addition, amendment and/or repeal of 18 any rule or regulation necessary for the implementation of this act on 19 its effective date are authorized to be made and completed on or before 20 such effective date.

Relates to discharged LGBT veterans

What's Happening

Why It Matters