STATE OF NEW YORK ________________________________________________________________________ 45--B Cal. No. 1020 2019-2020 Regular Sessions IN SENATE (Prefiled) January 9, 2019 ___________ Introduced by Sens. HOYLMAN, ADDABBO, GIANARIS, KAPLAN, KRUEGER, MAYER, MONTGOMERY, RIVERA, SERRANO, SKOUFIS, THOMAS -- read twice and ordered printed, and when printed to be committed to the Committee on Veter- ans, Homeland Security and Military Affairs -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- reported favorably from said committee, ordered to first and second report, ordered to a third reading, amended and ordered reprinted, retaining its place in the order of third reading 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. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD00460-08-9

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

S. 45--B 3 1 circumstances from the armed forces of the United States including (i) 2 having a qualifying condition as defined in section three hundred fifty 3 of the executive law, and receiving a discharge other than bad conduct 4 or dishonorable from such service, or (ii) being a discharged LGBT 5 veteran, as defined in section three hundred fifty of the executive law, 6 and receiving a discharge other than bad conduct or dishonorable from 7 such service, having served therein as such member in time of war as 8 defined in section eighty-five of this chapter, or who is an exempt 9 volunteer firefighter as defined in the general municipal law, except 10 when a person described in this paragraph holds the position of private 11 secretary, cashier or deputy of any official or department, or 12 § 4. Paragraph (a) of subdivision 1 of section 85 of the civil service 13 law, as amended by chapter 333 of the laws of 1993, is amended to read 14 as follows: 15 (a) The terms "veteran" and "non-disabled veteran" mean a member of 16 the armed forces of the United States who served therein in time of war, 17 who was honorably discharged or released under honorable circumstances 18 from such service including (i) having a qualifying condition as defined 19 in section three hundred fifty of the executive law, and receiving a 20 discharge other than bad conduct or dishonorable from such service, or 21 (ii) being a discharged LGBT veteran, as defined in section three 22 hundred fifty of the executive law, and receiving a discharge other than 23 bad conduct or dishonorable from such service, who is a citizen of the 24 United States or an alien lawfully admitted for permanent residence in 25 the United States and who is a resident of the state of New York at the 26 time of application for appointment or promotion or at the time of 27 retention, as the case may be. 28 § 5. Subparagraph 2 of paragraph (b) of subdivision 1 of section 85 of 29 the civil service law, as amended by chapter 616 of the laws of 1995, is 30 amended to read as follows: 31 (2) A veteran who served in world war II, who continued to serve in 32 the armed forces of the United States after the second day of September, 33 nineteen hundred forty-five, or who was employed by the War Shipping 34 Administration or Office of Defense Transportation or their agents as a 35 merchant seaman documented by the United States Coast Guard or Depart- 36 ment of Commerce, or as a civil servant employed by the United States 37 Army Transport Service (later redesignated as the United States Army 38 Transportation Corps, Water Division) or the Naval Transportation 39 Service; and who served satisfactorily as a crew member during the peri- 40 od of armed conflict, December seventh, nineteen hundred forty-one, to 41 August fifteenth, nineteen hundred forty-five, aboard merchant vessels 42 in oceangoing, i.e., foreign, intercoastal, or coastwise service as such 43 terms are defined under federal law (46 USCA 10301 & 10501) and further 44 to include "near foreign" voyages between the United States and Canada, 45 Mexico, or the West Indies via ocean routes, or public vessels in ocean- 46 going service or foreign waters and who has received a Certificate of 47 Release or Discharge from Active Duty and a discharge certificate, or an 48 Honorable Service Certificate/Report of Casualty, from the Department of 49 Defense, or who served as a United States civilian employed by the Amer- 50 ican Field Service and served overseas under United States Armies and 51 United States Army Groups in world war II during the period of armed 52 conflict, December seventh, nineteen hundred forty-one through May 53 eighth, nineteen hundred forty-five, and who (i) was discharged or 54 released therefrom under honorable [~~conditions,~~] circumstances 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

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

S. 45--B 5 1 § 7. Section 831 of the county law, as added by chapter 653 of the 2 laws of 1986, is amended to read as follows: 3 § 831. Soldier burial plots in Dutchess county. The legislature of the 4 county of Dutchess may authorize the purchase of burial plots and 5 provide for marker settings and perpetual care and maintenance of such 6 plots in one or more of the cemeteries of the county of Dutchess for 7 deceased veterans, who, at the time of death, were residents of the 8 county of Dutchess and who (i) were discharged from the armed forces of 9 the United States either honorably or under honorable circumstances, or 10 (ii) had a qualifying condition, as defined in section three hundred 11 fifty of the executive law, and received a discharge other than bad 12 conduct or dishonorable, or (iii) were a discharged LGBT veteran, as 13 defined in section three hundred fifty of the executive law, and 14 received a discharge other than bad conduct or dishonorable. The expense 15 thereof shall be a county charge. 16 § 8. Subdivision 6 of section 210 of the economic development law, as 17 added by chapter 398 of the laws of 2018, is amended to read as follows: 18 6. "Veteran" shall mean a person who served in [~~and who has received~~ 19 ~~an honorable or general discharge from,~~] the United States army, navy, 20 air force, marines, coast guard, and/or reserves thereof, and/or in the 21 army national guard, air national guard, New York guard and/or New York 22 naval militia and who (a) has received an honorable or general discharge 23 from such service, 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. 29 § 9. Paragraph c of subdivision 1 of section 360 of the education law, 30 as amended by chapter 699 of the laws of 2005, is amended to read as 31 follows: 32 c. Adopt and enforce campus rules and regulations not inconsistent 33 with the vehicle and traffic law relating to parking, vehicular and 34 pedestrian traffic, and safety. Such rules and regulations may include 35 provisions for the disposition of abandoned vehicles, removal by towing 36 or otherwise of vehicles parked in violation of such rules at the 37 expense of the owner, the payment of fees for the registration or park- 38 ing of such vehicles, provided that such campus rules and regulations 39 may provide that any veteran attending the state university as a student 40 shall be exempt from any fees for parking or registering a motor vehi- 41 cle, and the assessment of administrative fines upon the owner or opera- 42 tor of such vehicles for each violation of the regulations. However, no 43 such fine may be imposed without a hearing or an opportunity to be heard 44 conducted by an officer or board designated by the board of trustees. 45 Such fines, in the case of an officer or employee of state university, 46 may be deducted from the salary or wages of such officer or employee 47 found in violation of such regulations, or in the case of a student of 48 state university found in violation of such regulations, the university 49 may withhold his grades and transcripts until such time as any fine is 50 paid. For purposes of this subdivision, the term "veteran" shall mean a 51 member of the armed forces of the United States who served in such armed 52 forces in time of war and who (i) was honorably discharged or released 53 under honorable circumstances from such service, or (ii) has a qualify- 54 ing condition, as defined in section three hundred fifty of the execu- 55 tive law, and has received a discharge other than bad conduct or 56 dishonorable from such service, or (iii) is a discharged LGBT veteran,

S. 45--B 6 1 as defined in section three hundred fifty of the executive law, and has 2 received a discharge other than bad conduct or dishonorable from such 3 service. 4 § 10. The opening paragraph of subdivision 6 of section 503 of the 5 education law, as amended by chapter 616 of the laws of 1995, is amended 6 to read as follows: 7 Credit for service in war after world war I, which shall mean military 8 service during the period commencing the first day of July, nineteen 9 hundred forty, and terminating the thirtieth day of June, nineteen 10 hundred forty-seven, or during the period commencing the twenty-seventh 11 day of June, nineteen hundred fifty, and terminating the thirty-first 12 day of January, nineteen hundred fifty-five, or during both such peri- 13 ods, as a member of the armed forces of the United States, of any person 14 who (i) has been honorably discharged or released under honorable 15 circumstances from such service, or (ii) has a qualifying condition, as 16 defined in section three hundred fifty of the executive law, and has 17 received a discharge other than bad conduct or dishonorable from such 18 service, or (iii) is a discharged LGBT veteran, as defined in section 19 three hundred fifty of the executive law, and has received a discharge 20 other than bad conduct or dishonorable from such service, or service by 21 one who was employed by the War Shipping Administration or Office of 22 Defense Transportation or their agents as a merchant seaman documented 23 by the United States Coast Guard or Department of Commerce, or as a 24 civil servant employed by the United States Army Transport Service 25 (later redesignated as the United States Army Transportation Corps, 26 Water Division) or the Naval Transportation Service; and who served 27 satisfactorily as a crew member during the period of armed conflict, 28 December seventh, nineteen hundred forty-one, to August fifteenth, nine- 29 teen hundred forty-five, aboard merchant vessels in oceangoing, i.e., 30 foreign, intercoastal, or coastwise service as such terms are defined 31 under federal law (46 USCA 10301 & 10501) and further to include "near 32 foreign" voyages between the United States and Canada, Mexico, or the 33 West Indies via ocean routes, or public vessels in oceangoing service or 34 foreign waters and who has received a Certificate of Release or 35 Discharge from Active Duty and a discharge certificate, or an Honorable 36 Service Certificate/Report of Casualty, from the Department of Defense 37 or who served as a United States civilian employed by the American Field 38 Service and served overseas under United States Armies and United States 39 Army Groups in world war II during the period of armed conflict, Decem- 40 ber seventh, nineteen hundred forty-one through May eighth, nineteen 41 hundred forty-five, and (iv) who was discharged or released therefrom 42 under honorable conditions, or (v) has a qualifying condition, as 43 defined in section three hundred fifty of the executive law, and has 44 received a discharge other than bad conduct or dishonorable from such 45 service, or (vi) is a discharged LGBT veteran, as defined in section 46 three hundred fifty of the executive law, and has received a discharge 47 other than bad conduct or dishonorable from such service, or who served 48 as a United States civilian Flight Crew and Aviation Ground Support 49 Employee of Pan American World Airways or one of its subsidiaries or its 50 affiliates and served overseas as a result of Pan American's contract 51 with Air Transport Command or Naval Air Transport Service during the 52 period of armed conflict, December fourteenth, nineteen hundred forty- 53 one through August fourteenth, nineteen hundred forty-five, and who 54 (vii) was discharged or released therefrom under honorable conditions, 55 or (viii) has a qualifying condition, as defined in section three 56 hundred fifty of the executive law, and has received a discharge other

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

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

S. 45--B 9 1 than for disability) for military service in the armed forces of the 2 United States. 3 § 14. Paragraph a of subdivision 10-a of section 503 of the education 4 law, as amended by chapter 616 of the laws of 1995, is amended to read 5 as follows: 6 a. In addition to credit for military service pursuant to section two 7 hundred forty-three of the military law and subdivisions six through 8 nine of this section, a member who joined the retirement system prior to 9 July first, nineteen hundred seventy-three, and who was not eligible for 10 credit for military service under subdivision ten of this section as a 11 result of being on a leave of absence without pay between July twenti- 12 eth, nineteen hundred seventy-six and October fifteenth, nineteen 13 hundred seventy-seven or on leave of absence with less than full pay 14 between July twentieth, nineteen hundred seventy-six and October 15 fifteenth, nineteen hundred seventy-seven, may obtain credit for mili- 16 tary service not in excess of three years and not otherwise creditable 17 under section two hundred forty-three of the military law and subdivi- 18 sions six through nine of this section, rendered on active duty in the 19 armed forces of the United States during the period commencing July 20 first, nineteen hundred forty, and terminating December thirty-first, 21 nineteen hundred forty-six, or on service by one who was employed by the 22 War Shipping Administration or Office of Defense Transportation or their 23 agents as a merchant seaman documented by the United States Coast Guard 24 or Department of Commerce, or as a civil servant employed by the United 25 States Army Transport Service (later redesignated as the United States 26 Army Transportation Corps, Water Division) or the Naval Transportation 27 Service; and who served satisfactorily as a crew member during the peri- 28 od of armed conflict, December seventh, nineteen hundred forty-one, to 29 August fifteenth, nineteen hundred forty-five, aboard merchant vessels 30 in oceangoing, i.e., foreign, intercoastal, or coastwise service as such 31 terms are defined under federal law (46 USCA 10301 & 10501) and further 32 to include "near foreign" voyages between the United States and Canada, 33 Mexico, or the West Indies via ocean routes, or public vessels in ocean- 34 going service or foreign waters and who has received a Certificate of 35 Release or Discharge from Active Duty and a discharge certificate, or an 36 Honorable Service Certificate/Report of Casualty, from the Department of 37 Defense, or on service by one who served as a United States civilian 38 employed by the American Field Service and served overseas under United 39 States Armies and United States Army Groups in world war II during the 40 period of armed conflict, December seventh, nineteen hundred forty-one 41 through May eighth, nineteen hundred forty-five, and who (i) was 42 discharged or released therefrom under honorable conditions, or (ii) has 43 a qualifying condition, as defined in section three hundred fifty of the 44 executive law, and has received a discharge other than bad conduct or 45 dishonorable from such service, or (iii) is a discharged LGBT veteran, 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 on service by one who served as a United States civilian 49 Flight Crew and Aviation Ground Support Employee of Pan American World 50 Airways or one of its subsidiaries or its affiliates and served overseas 51 as a result of Pan American's contract with Air Transport Command or 52 Naval Air Transport Service during the period of armed conflict, Decem- 53 ber fourteenth, nineteen hundred forty-one through August fourteenth, 54 nineteen hundred forty-five, and who (iv) was discharged or released 55 therefrom under honorable conditions, or (v) has a qualifying condition, 56 as defined in section three hundred fifty of the executive law, and has

S. 45--B 10 1 received a discharge other than bad conduct or dishonorable from such 2 service, or (vi) 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, by a person 5 who was a resident of New York state at the time of entry into such 6 service and at the time of being discharged therefrom under honorable 7 circumstances, and who makes the payments required in accordance with 8 the provisions of this subdivision. 9 However, no military service shall be creditable under this subdivi- 10 sion in the case of a member who is receiving a military pension (other 11 than for disability) for military service in the armed forces of the 12 United States. 13 § 15. Paragraph (b) of subdivision 1 of section 668 of the education 14 law, as amended by chapter 616 of the laws of 1995, is amended to read 15 as follows: 16 (b) December seven, nineteen hundred forty-one to December thirty-one, 17 nineteen hundred forty-six, or have been employed by the War Shipping 18 Administration or Office of Defense Transportation or their agents as a 19 merchant seaman documented by the United States Coast Guard or Depart- 20 ment of Commerce, or as a civil servant employed by the United States 21 Army Transport Service (later redesignated as the United States Army 22 Transportation Corps, Water Division) or the Naval Transportation 23 Service; and who served satisfactorily as a crew member during the peri- 24 od of armed conflict, December seventh, nineteen hundred forty-one, to 25 August fifteenth, nineteen hundred forty-five, aboard merchant vessels 26 in oceangoing, i.e., foreign, intercoastal, or coastwise service as such 27 terms are defined under federal law (46 USCA 10301 & 10501) and further 28 to include "near foreign" voyages between the United States and Canada, 29 Mexico, or the West Indies via ocean routes, or public vessels in ocean- 30 going service or foreign waters and who has received a Certificate of 31 Release or Discharge from Active Duty and a discharge certificate, or an 32 Honorable Service Certificate/Report of Casualty, from the Department of 33 Defense or have served as a United States civilian employed by the Amer- 34 ican Field Service and served overseas under United States Armies and 35 United States Army Groups in world war II during the period of armed 36 conflict, December seventh, nineteen hundred forty-one through May 37 eighth, nineteen hundred forty-five, and who (i) was discharged or 38 released therefrom under honorable conditions, or (ii) has a qualifying 39 condition, as defined in section three hundred fifty of the executive 40 law, and has received a discharge other than bad conduct or dishonorable 41 from such service, or (iii) is a discharged LGBT veteran, as defined in 42 section three hundred fifty of the executive law, and has received a 43 discharge other than bad conduct or dishonorable from such service, or 44 have served as a United States civilian Flight Crew and Aviation Ground 45 Support Employee of Pan American World Airways or one of its subsid- 46 iaries or its affiliates and served overseas as a result of Pan Ameri- 47 can's contract with Air Transport Command or Naval Air Transport Service 48 during the period of armed conflict, December fourteenth, nineteen 49 hundred forty-one through August fourteenth, nineteen hundred forty- 50 five, and who (iv) was discharged or released therefrom under honorable 51 conditions, or (v) has a qualifying condition, as defined in section 52 three hundred fifty of the executive law, and has received a discharge 53 other than bad conduct or dishonorable from such service, or (vi) is a 54 discharged LGBT veteran, as defined in section three hundred fifty of 55 the executive law, and has received a discharge other than bad conduct 56 or dishonorable from such service.

S. 45--B 11 1 § 16. Paragraph (b) of subdivision 2 of section 668 of the education 2 law, as amended by chapter 390 of the laws of 1995, is amended to read 3 as follows: 4 (b) (i) is an honorably discharged veteran of the United States or 5 member of the armed forces of the United States, or (ii) has a qualify- 6 ing condition, as defined in section three hundred fifty of the execu- 7 tive law, and has received a discharge other than bad conduct or 8 dishonorable from such service, or (iii) 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, who is a resident of the state of New York, and who has a 12 current disability of forty percent or more as a result of an injury or 13 illness which is incurred or was incurred during such military service; 14 or 15 § 17. Subdivision 1 of section 668-c of the education law, as added by 16 chapter 474 of the laws of 2000, is amended to read as follows: 17 1. Eligible students. Awards shall be made to Vietnam veterans' resi- 18 dent children born with Spina Bifida enrolled in approved undergraduate 19 or graduate programs at degree granting institutions. For the purpose of 20 this section, "Vietnam veteran" shall mean a person who served in Indo- 21 china at any time from the twenty-second day of December, nineteen 22 hundred sixty-one, to and including the seventh day of May, nineteen 23 hundred seventy-five and (a) was honorably discharged from the armed 24 forces of the United States, or (b) 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 the 27 armed forces of the United States, or (c) is a discharged LGBT veteran, 28 as defined in section three hundred fifty of the executive law, and has 29 received a discharge other than bad conduct or dishonorable from the 30 armed forces of the United States; "born with Spina Bifida" shall mean a 31 diagnosis at birth of such disease inclusive of all forms, manifesta- 32 tions, complications and associated medical conditions thereof, but 33 shall not include Spina Bifida Occulta. Such diagnosis shall be in 34 accordance with the provisions of the federal Spina Bifida program and 35 shall be documented by the United States Administration of Veterans' 36 Affairs. 37 § 18. Subdivision 1 of section 669-a of the education law, as amended 38 by section 2 of part N of chapter 57 of the laws of 2008, is amended to 39 read as follows: 40 1. As used in this section, the following terms shall have the follow- 41 ing meanings: 42 a. "Vietnam veteran" means (i) a person who is a resident of this 43 state, (ii) who served in the armed forces of the United States in Indo- 44 china at any time from the twenty-eighth day of February, nineteen 45 hundred sixty-one, to and including the seventh day of May, nineteen 46 hundred seventy-five, and (iii) who was either discharged therefrom 47 under honorable conditions, including but not limited to honorable 48 discharge, discharge under honorable conditions, or general discharge, 49 or has a qualifying condition, as defined in section three hundred fifty 50 of the executive law, and has received a discharge other than bad 51 conduct or dishonorable from such service, or is a discharged LGBT 52 veteran, as defined in section three hundred fifty of the executive law, 53 and has received a discharge other than bad conduct or dishonorable from 54 such service. 55 b. "Persian Gulf veteran" means (i) a person who is a resident of this 56 state, (ii) who served in the armed forces of the United States in the

S. 45--B 12 1 hostilities that occurred in the Persian Gulf from the second day of 2 August, nineteen hundred ninety through the end of such hostilities, and 3 (iii) who was either discharged therefrom under honorable conditions, 4 including but not limited to honorable discharge, discharge under honor- 5 able conditions, or general discharge, or has a qualifying condition, as 6 defined in section three hundred fifty of the executive law, and has 7 received a discharge other than bad conduct or dishonorable from such 8 service, or is a discharged LGBT veteran, as defined in section three 9 hundred fifty of the executive law, and has received a discharge other 10 than bad conduct or dishonorable from such service. 11 c. "Afghanistan veteran" means (i) a person who is a resident of this 12 state, (ii) who served in the armed forces of the United States in the 13 hostilities that occurred in Afghanistan from the eleventh day of 14 September, two thousand one, to the end of such hostilities, and (iii) 15 who was either discharged therefrom under honorable conditions, includ- 16 ing but not limited to honorable discharge, discharge under honorable 17 conditions, or general discharge, or has a qualifying condition, as 18 defined in section three hundred fifty of the executive law, and has 19 received a discharge other than bad conduct or dishonorable from such 20 service, or is a discharged LGBT veteran, as defined in section three 21 hundred fifty of the executive law, and has received a discharge other 22 than bad conduct or dishonorable from such service. 23 d. "Other eligible combat veteran" means: an individual who (i) is a 24 resident of this state, (ii) served in the armed forces of the United 25 States in hostilities that occurred after February twenty-eighth, nine- 26 teen hundred sixty-one, as evidenced by their receipt of an Armed Forces 27 Expeditionary Medal, Navy Expeditionary Medal, or Marine Corps Expedi- 28 tionary Medal, and (iii) was either discharged under honorable condi- 29 tions, including but not limited to honorable discharge, discharge under 30 honorable conditions, or general discharge, or has a qualifying condi- 31 tion, 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 is a discharged LGBT veteran, as defined in section 34 three hundred fifty of the executive law, and has received a discharge 35 other than bad conduct or dishonorable from such service. 36 e. "Part time study" means enrollment for at least three but less than 37 twelve semester hours per semester, or the equivalent, in an approved 38 undergraduate or graduate program. 39 f. "Approved vocational training programs" means programs offered by 40 agencies approved by the commissioner for funding pursuant to this 41 section. The commissioner shall approve only such non-credit programs 42 which are at least three hundred twenty clock hours in length, and which 43 meet standards of instructional quality established in regulations by 44 the commissioner. These standards shall include, but not be limited to, 45 qualifications of administrative and instructional personnel, quality of 46 facilities and equipment, recordkeeping, admission, grading, attendance, 47 and record of placement of completers which meets standards of accepta- 48 bility as established by the commissioner. 49 § 19. Subdivision 15 of section 1-104 of the election law is amended 50 to read as follows: 51 15. The term "veterans' hospital" means any sanitarium, hospital, 52 soldiers' and sailors' home, United States Veterans' Administration 53 Hospital, or other home or institution, which is used, operated and 54 conducted exclusively for the care, maintenance and treatment of persons 55 serving in [~~or honorably discharged from~~] the military or naval service 56 or coast guard of the United States or the state of New York, or persons

S. 45--B 13 1 who (a) were honorably discharged from such service, or (b) have a qual- 2 ifying condition, as defined in section three hundred fifty of the exec- 3 utive law, and have received a discharge other than bad conduct or 4 dishonorable from such service, or (c) are a discharged LGBT veteran, as 5 defined in section three hundred fifty of the executive law, and have 6 received a discharge other than bad conduct or dishonorable from such 7 service. 8 § 20. Subdivision 4 of section 5-210 of the election law, as amended 9 by chapter 179 of the laws of 2005, is amended to read as follows: 10 4. Any qualified person who has been honorably discharged from the 11 military after the twenty-fifth day before a general election, or who 12 has a qualifying condition, as defined in section three hundred fifty of 13 the executive law, and has received a discharge other than bad conduct 14 or dishonorable from the military after the twenty-fifth day before a 15 general election, or who 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 the military after 18 the twenty-fifth day before a general election, or who has become a 19 naturalized citizen after the twenty-fifth day before a general election 20 may personally register at the board of elections in the county of his 21 or her residence and vote in the general election held at least ten days 22 after such registration. 23 § 21. Subdivision 13 of section 353 of the executive law, as added by 24 chapter 652 of the laws of 2007, is amended to read as follows: 25 13. To make application to the government of the United States or any 26 political subdivision, agency or instrumentality thereof, for funds for 27 the purpose of providing an optional fund for the burial of [~~honorably~~ 28 ~~discharged~~] veterans who (i) were honorably discharged or (ii) had a 29 qualifying condition, as defined in section three hundred fifty of this 30 article, and received a discharge other than bad conduct or dishonor- 31 able, or (iii) were a discharged LGBT veteran, as defined in section 32 three hundred fifty of this article, and received a discharge other than 33 bad conduct or dishonorable, in any not-for-profit cemetery corporation 34 in this state; provided, however, that all costs associated with the 35 establishment of such optional fund shall be borne by the political 36 subdivision, agency or instrumentality with which the division has 37 contracted. 38 § 22. The opening paragraph of subdivision 2 of section 354-c of the 39 executive law, as added by chapter 652 of the laws of 2007, is amended 40 to read as follows: 41 As provided in subdivision thirteen of section three hundred fifty- 42 three of this article, there is hereby established within the division a 43 New York state veterans burial fund for honorably discharged members of 44 the armed forces of the United States who were residents of New York 45 state at the time of his or her death who (i) were honorably discharged 46 from such service, or (ii) had a qualifying condition, as defined in 47 section three hundred fifty of this article, and received a discharge 48 other than bad conduct or dishonorable from such service, or (iii) were 49 discharged LGBT veterans, as defined in section three hundred fifty of 50 this article, and received a discharge other than bad conduct or 51 dishonorable from such service. 52 § 23. Paragraph a of subdivision 1 of section 364 of the executive 53 law, as amended by chapter 333 of the laws of 1993, subparagraph 5 as 54 amended by chapter 616 of the laws of 1995, and subparagraph 7 as 55 amended by chapter 179 of the laws of 2006, is amended to read as 56 follows:

S. 45--B 14 1 a. The word "veteran," as used in this article shall be taken to mean 2 and include any person who is a resident of the state of New York, and 3 who (i) has been or may be given an honorable, general or ordinary 4 discharge or any other form of release from such service, except a 5 dishonorable discharge, a bad conduct discharge, an undesirable 6 discharge, a discharge without honor or a discharge for the good of the 7 service, or (ii) has a qualifying condition, as defined in section three 8 hundred fifty of this article, and has received a discharge other than 9 bad conduct or dishonorable from such service, or (iii) is a discharged 10 LGBT veteran, as defined in section three hundred fifty of this article, 11 and has received a discharge other than bad conduct or dishonorable from 12 such service, and who [~~(i)~~] (iv) was a recipient of the armed forces 13 expeditionary medal, the navy expeditionary medal or the marine corps 14 expeditionary medal for participation in operations in Lebanon from June 15 first, nineteen hundred eighty-three to December first, nineteen hundred 16 eighty-seven, in Grenada from October twenty-third, nineteen hundred 17 eighty-three to November twenty-first, nineteen hundred eighty-three, or 18 in Panama from December twentieth, nineteen hundred eighty-nine to Janu- 19 ary thirty-first, nineteen hundred ninety, or [~~(ii)~~] (v) served on 20 active duty for ninety days or more in the armed forces of the United 21 States during any one of the following wars or hostilities: 22 (1) in the Spanish-American war from the twenty-first day of April, 23 eighteen hundred ninety-eight to the eleventh day of April, eighteen 24 hundred ninety-nine, inclusive; 25 (2) in the Philippine insurrection or the China relief expedition from 26 the eleventh day of April, eighteen hundred ninety-nine to the fourth 27 day of July, nineteen hundred two, inclusive; 28 (3) in the Mexican border campaign from the ninth day of May, nineteen 29 hundred sixteen, to the fifth day of April, nineteen hundred seventeen, 30 inclusive; 31 (4) in world war I from the sixth day of April, nineteen hundred 32 seventeen to the eleventh day of November, nineteen hundred eighteen, 33 inclusive; 34 (5) in world war II from the seventh day of December, nineteen hundred 35 forty-one to the thirty-first day of December, nineteen hundred forty- 36 six, inclusive, or who was employed by the War Shipping Administration 37 or Office of Defense Transportation or their agents as a merchant seaman 38 documented by the United States Coast Guard or Department of Commerce, 39 or as a civil servant employed by the United States Army Transport 40 Service (later redesignated as the United States Army Transportation 41 Corps, Water Division) or the Naval Transportation Service; and who 42 served satisfactorily as a crew member during the period of armed 43 conflict, December seventh, nineteen hundred forty-one, to August 44 fifteenth, nineteen hundred forty-five, aboard merchant vessels in 45 oceangoing, i.e., foreign, intercoastal, or coastwise service as such 46 terms are defined under federal law (46 USCA 10301 & 10501) and further 47 to include "near foreign" voyages between the United States and Canada, 48 Mexico, or the West Indies via ocean routes, or public vessels in ocean- 49 going service or foreign waters and who has received a Certificate of 50 Release or Discharge from Active Duty and a discharge certificate, or an 51 Honorable Service Certificate/Report of Casualty, from the Department of 52 Defense, or who served as a United States civilian employed by the Amer- 53 ican Field Service and served overseas under United States Armies and 54 United States Army Groups in world war II during the period of armed 55 conflict, December seventh, nineteen hundred forty-one through May 56 eighth, nineteen hundred forty-five, and who (i) was discharged or

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

S. 45--B 16 1 § 25. Subdivision 7 of section 369-h of the executive law, as added by 2 chapter 22 of the laws of 2014, is amended to read as follows: 3 7. "Veteran" shall mean a person who served in [~~and who has received~~ 4 ~~an honorable or general discharge from,~~] the United States army, navy, 5 air force, marines, coast guard, and/or reserves thereof, and/or in the 6 army national guard, air national guard, New York guard and/or the New 7 York naval militia, and who (i) has received an honorable or general 8 discharge from such service, or (ii) has a qualifying condition, as 9 defined in section three hundred fifty of this chapter, and has received 10 a discharge other than bad conduct or dishonorable from such service, or 11 (iii) is a discharged LGBT veteran, as defined in section three hundred 12 fifty of this chapter, and has received a discharge other than bad 13 conduct or dishonorable from such service. 14 § 26. Section 13-a of the general construction law, as amended by 15 chapter 616 of the laws of 1995, is amended to read as follows: 16 § 13-a. Armed forces of the United States. "Armed forces of the United 17 States" means the army, navy, marine corps, air force and coast guard, 18 including all components thereof, and the national guard when in the 19 service of the United States pursuant to call as provided by law. Pursu- 20 ant to this definition no person shall be considered a member or veteran 21 of the armed forces of the United States unless his or her service ther- 22 ein is or was on a full-time active duty basis, other than active duty 23 for training or he or she was employed by the War Shipping Adminis- 24 tration or Office of Defense Transportation or their agents as a 25 merchant seaman documented by the United States Coast Guard or Depart- 26 ment of Commerce, or as a civil servant employed by the United States 27 Army Transport Service (later redesignated as the United States Army 28 Transportation Corps, Water Division) or the Naval Transportation 29 Service; and who served satisfactorily as a crew member during the peri- 30 od of armed conflict, December seventh, nineteen hundred forty-one, to 31 August fifteenth, nineteen hundred forty-five, aboard merchant vessels 32 in oceangoing, i.e., foreign, intercoastal, or coastwise service as such 33 terms are defined under federal law (46 USCA 10301 & 10501) and further 34 to include "near foreign" voyages between the United States and Canada, 35 Mexico, or the West Indies via ocean routes, or public vessels in ocean- 36 going service or foreign waters and who has received a Certificate of 37 Release or Discharge from Active Duty and a discharge certificate, or an 38 Honorable Service Certificate/Report of Casualty, from the Department of 39 Defense or he or she served as a United States civilian employed by the 40 American Field Service and served overseas under United States Armies 41 and United States Army Groups in world war II during the period of armed 42 conflict, December seventh, nineteen hundred forty-one through May 43 eighth, nineteen hundred forty-five, and (i) was discharged or released 44 therefrom under honorable conditions, or (ii) has a qualifying condi- 45 tion, 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, or (iii) is a discharged LGBT veteran, 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 he or she served as a United States civilian Flight Crew and Aviation 51 Ground Support Employee of Pan American World Airways or one of its 52 subsidiaries or its affiliates and served overseas as a result of Pan 53 American's contract with Air Transport Command or Naval Air Transport 54 Service during the period of armed conflict, December fourteenth, nine- 55 teen hundred forty-one through August fourteenth, nineteen hundred 56 forty-five, and (iv) was discharged or released therefrom under honor-

S. 45--B 17 1 able conditions, or (v) has a qualifying condition, as defined in 2 section three hundred fifty of the executive law, and has received a 3 discharge other than bad conduct or dishonorable from such service, or 4 (vi) is a discharged LGBT veteran, as defined in section three hundred 5 fifty of the executive law, and has received a discharge other than bad 6 conduct or dishonorable from such service. 7 § 27. Paragraph (a) of subdivision 1 of section 148 of the general 8 municipal law, as amended by chapter 613 of the laws of 1986, is amended 9 to read as follows: 10 (a) The board of supervisors in each of the counties, or the board of 11 estimate in the city of New York, shall designate some proper person, 12 association or commission, other than that designated for the care of 13 burial of public charges or criminals, who shall cause to be interred 14 the body of any [~~honorably discharged~~] member of the armed forces of the 15 United States who (i) was honorably discharged from such service or (ii) 16 had a qualifying condition, as defined in section three hundred fifty of 17 the executive law, and received a discharge other than bad conduct or 18 dishonorable from such service, or (iii) was a discharged LGBT veteran, 19 as defined in section three hundred fifty of the executive law, and 20 received a discharge other than bad conduct or dishonorable from such 21 service, or the body of any minor child or either parent, or the spouse 22 or unremarried surviving spouse of any such member of the armed forces 23 of the United States, if such person shall hereafter die in a county or 24 in the city of New York without leaving sufficient means to defray his 25 or her funeral expenses. 26 § 28. Paragraph (b) of subdivision 2 of section 148 of the general 27 municipal law, as amended by chapter 63 of the laws of 1976, is amended 28 to read as follows: 29 (b) The headstone at the grave of the spouse or surviving spouse of 30 such [~~honorably discharged~~] member of the armed forces of the United 31 States shall contain the name of the deceased, the war in which his or 32 her spouse served and, if possible, the organization to which he or she 33 belonged or in which he or she served. 34 § 29. Subdivision 1-b of section 247 of the military law, as amended 35 by section 26 of part AA of chapter 56 of the laws of 2019, is amended 36 to read as follows: 37 1-b. The adjutant general is hereby authorized to present in the name 38 of the legislature of the state of New York, a certificate, to be known 39 as the "Cold War Certificate", bearing a suitable inscription, to any 40 person: (i) who is a citizen of the state of New York or (ii) who was a 41 citizen of the state of New York while serving in the armed forces of 42 the United States; (iii) who served in the United States Armed Forces 43 during the period of time from September second, nineteen hundred 44 forty-five through December twenty-sixth, nineteen hundred ninety-one, 45 commonly known as the Cold War Era; and (iv) who was honorably 46 discharged or released under honorable circumstances during the Cold War 47 Era, or has a qualifying condition, as defined in section three hundred 48 fifty of the executive law, and received a discharge other than bad 49 conduct or dishonorable during the Cold War Era, or is a discharged LGBT 50 veteran, as defined in section three hundred fifty of the executive law, 51 and received a discharge other than bad conduct or dishonorable during 52 the Cold War Era. Not more than one Cold War Certificate shall be 53 awarded or presented, under the provisions of this subdivision, to any 54 person whose entire service subsequent to the time of the receipt of 55 such medal shall not have been honorable. In the event of the death of 56 any person during or subsequent to the receipt of such certificate it

S. 45--B 18 1 shall be presented to such representative of the deceased as may be 2 designated. The adjutant general, in consultation with the director of 3 the division of veterans' services, shall make such rules and regu- 4 lations as may be deemed necessary for the proper presentation and 5 distribution of the certificate. 6 § 30. Paragraph 1 of subdivision (a) of section 42 of the correction 7 law, as amended by chapter 139 of the laws of 2014, is amended to read 8 as follows: 9 1. There shall be within the commission a citizen's policy and 10 complaint review council. It shall consist of nine persons to be 11 appointed by the governor, by and with the advice and consent of the 12 senate. One person so appointed shall have served in the armed forces of 13 the United States in any foreign war, conflict or military occupation, 14 who (i) was discharged therefrom under other than dishonorable condi- 15 tions, or (ii) has a qualifying condition, as defined in section three 16 hundred fifty of the executive law, and has received a discharge other 17 than bad conduct or dishonorable from such service, or (iii) is a 18 discharged LGBT veteran, as defined in section three hundred fifty of 19 the executive law, and has received a discharge other than bad conduct 20 or dishonorable from such service, or shall be a duly licensed mental 21 health professional who has professional experience or training with 22 regard to post-traumatic stress syndrome. One person so appointed shall 23 be an attorney admitted to practice in this state. One person so 24 appointed shall be a former inmate of a correctional facility. One 25 person so appointed shall be a former correction officer. One person so 26 appointed shall be a former resident of a division for youth secure 27 center or a health care professional duly licensed to practice in this 28 state. One person so appointed shall be a former employee of the office 29 of children and family services who has directly supervised youth in a 30 secure residential center operated by such office. In addition, the 31 governor shall designate one of the full-time members other than the 32 chairman of the commission as chairman of the council to serve as such 33 at the pleasure of the governor. 34 § 31. Subdivision 5 of section 605 of the education law, as separately 35 amended by chapters 645 and 844 of the laws of 1975, is amended to read 36 as follows: 37 5. Regents scholarships for war veterans. Regents scholarships for war 38 veterans shall be awarded on a competitive basis, for study beginning 39 with the college year nineteen hundred seventy-five--nineteen hundred 40 seventy-six. Six hundred such scholarships shall be awarded in such year 41 to veterans of the armed forces of the United States who have served on 42 active duty (other than for training) between October one, nineteen 43 hundred sixty-one and March twenty-nine, nineteen hundred seventy-three, 44 and who on the date by which applications are required to be submitted 45 (a) have been released from such active duty on conditions not other 46 than honorable, or (b) have a qualifying condition, as defined in 47 section three hundred fifty of the executive law, and have received a 48 discharge other than bad conduct or dishonorable from such service, or 49 (c) are discharged LGBT veterans, as defined in section three hundred 50 fifty of the executive law, and have received a discharge other than bad 51 conduct or dishonorable from such service. Such scholarships shall be 52 allocated to each county in the state in the same ratio that the number 53 of legal residents in such county, as determined by the most recent 54 federal census, bears to the total number of residents in the state; 55 provided, however, that no county shall be allocated fewer scholarships

S. 45--B 19 1 than such county received during the year nineteen hundred sixty-eight- 2 -sixty-nine. 3 § 32. Subparagraph 3 of paragraph b of subdivision 3 of section 663 of 4 the education law, as added by chapter 101 of the laws of 1992, is 5 amended to read as follows: 6 (3) The applicant was enlisted in full time active military service in 7 the armed forces of the United States and (i) has been honorably 8 discharged from such service, or (ii) has a qualifying condition, as 9 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 (iii) is a discharged LGBT veteran, as defined in section 12 three hundred fifty of the executive law, and has received a discharge 13 other than bad conduct or dishonorable from such service, and, provided, 14 however, that the applicant has not and will not be claimed as a depend- 15 ent by either parent for purposes of either federal or state income tax. 16 § 33. Subdivision 1 of section 3202 of the education law, as amended 17 by chapter 106 of the laws of 2003, is amended to read as follows: 18 1. A person over five and under twenty-one years of age who has not 19 received a high school diploma is entitled to attend the public schools 20 maintained in the district in which such person resides without the 21 payment of tuition. Provided further that such person may continue to 22 attend the public school in such district in the same manner, if tempo- 23 rarily residing outside the boundaries of the district when relocation 24 to such temporary residence is a consequence of such person's parent or 25 person in parental relationship being called to active military duty, 26 other than training. Notwithstanding any other provision of law to the 27 contrary, the school district shall not be required to provide transpor- 28 tation between a temporary residence located outside of the school 29 district and the school the child attends. A veteran of any age who 30 shall have served as a member of the armed forces of the United States 31 and who (a) shall have been discharged therefrom under conditions other 32 than dishonorable, or (b) has a qualifying condition, 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, or 35 (c) is a discharged LGBT veteran, as defined in section three hundred 36 fifty of the executive law, and has received a discharge other than bad 37 conduct or dishonorable from such service, may attend any of the public 38 schools of the state upon conditions prescribed by the board of educa- 39 tion, and such veterans shall be included in the pupil count for state 40 aid purposes. A nonveteran under twenty-one years of age who has 41 received a high school diploma shall be permitted to attend classes in 42 the schools of the district in which such person resides or in a school 43 of a board of cooperative educational services upon payment of tuition 44 under such terms and conditions as shall be established in regulations 45 promulgated by the commissioner; provided, however, that a school 46 district may waive the payment of tuition for such nonveteran, but in 47 any case such a nonveteran who has received a high school diploma shall 48 not be counted for any state aid purposes. Nothing herein contained 49 shall, however, require a board of education to admit a child who 50 becomes five years of age after the school year has commenced unless his 51 birthday occurs on or before the first of December. 52 § 34. Subdivision 4 of section 11-0715 of the environmental conserva- 53 tion law, as amended by section 6 of part R of chapter 58 of the laws of 54 2013, is amended to read as follows: 55 4. A person, resident in the state for at least thirty days immediate- 56 ly prior to the date of application, who (a) has been honorably

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

S. 45--B 21 1 business in this state shall vacate his or her office as a notary 2 public. A non-resident who accepts the office of notary public in this 3 state thereby appoints the secretary of state as the person upon whom 4 process can be served on his or her behalf. Before issuing to any appli- 5 cant a commission as notary public, unless he or she be an attorney and 6 counsellor at law duly admitted to practice in this state or a court 7 clerk of the unified court system who has been appointed to such posi- 8 tion after taking a civil service promotional examination in the court 9 clerk series of titles, the secretary of state shall satisfy himself or 10 herself that the applicant is of good moral character, has the equiv- 11 alent of a common school education and is familiar with the duties and 12 responsibilities of a notary public; provided, however, that where a 13 notary public applies, before the expiration of his or her term, for 14 reappointment with the county clerk or where a person whose term as 15 notary public shall have expired applies within six months thereafter 16 for reappointment as a notary public with the county clerk, such quali- 17 fying requirements may be waived by the secretary of state, and further, 18 where an application for reappointment is filed with the county clerk 19 after the expiration of the aforementioned renewal period by a person 20 who failed or was unable to re-apply by reason of his or her induction 21 or enlistment in the armed forces of the United States, such qualifying 22 requirements may also be waived by the secretary of state, provided such 23 application for reappointment is made within a period of one year after 24 the military discharge of the applicant under conditions other than 25 dishonorable, or if the applicant has a qualifying condition, as defined 26 in section three hundred fifty of this chapter, within a period of one 27 year after the applicant has received a discharge other than bad conduct 28 or dishonorable from such service, or if the applicant is a discharged 29 LGBT veteran, as defined in section three hundred fifty of this chapter, 30 within a period of one year after the applicant has received a discharge 31 other than bad conduct or dishonorable from such service. In any case, 32 the appointment or reappointment of any applicant is in the discretion 33 of the secretary of state. The secretary of state may suspend or remove 34 from office, for misconduct, any notary public appointed by him or her 35 but no such removal shall be made unless the person who is sought to be 36 removed shall have been served with a copy of the charges against him or 37 her and have an opportunity of being heard. No person shall be appointed 38 as a notary public under this article who has been convicted, in this 39 state or any other state or territory, of a crime, unless the secretary 40 makes a finding in conformance with all applicable statutory require- 41 ments, including those contained in article twenty-three-A of the 42 correction law, that such convictions do not constitute a bar to 43 appointment. 44 § 37. Subdivisions 1, 2, and 3 of section 32 of the general business 45 law, subdivisions 1 and 3 as amended by chapter 650 of the laws of 1976 46 and subdivision 2 as amended by chapter 321 of the laws of 1955, are 47 amended to read as follows: 48 1. Every [~~honorably discharged~~] member of the armed forces of the 49 United States[,] who (a) was honorably discharged from such service, or 50 (b) has a qualifying condition, 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, or (c) is a discharged LGBT 53 veteran, as defined in section three hundred fifty of the executive law, 54 and has received a discharge other than bad conduct or dishonorable from 55 such service, and who is a resident of this state and a veteran of any 56 war, or who shall have served in the armed forces of the United States

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

S. 45--B 23 1 other than bad conduct or dishonorable from such service, and who is 2 physically disabled as a result of injuries received while in the 3 service of said armed forces and the holder of a license granted pursu- 4 ant to section thirty-two of this article. 5 § 39. Paragraph (a) of subdivision 1 of section 35-a of the general 6 business law, as added by chapter 227 of the laws of 1998, is amended to 7 read as follows: 8 (a) In cities having a population of one million or more, the official 9 designated by a local law or ordinance to issue a local license to hawk, 10 peddle, vend and sell goods, wares or merchandise or solicit trade upon 11 the streets and highways within such city shall issue specialized vend- 12 ing licenses to [~~honorably discharged~~] members of the armed forces of 13 the United States who (i) were honorably discharged from such service, 14 or (ii) have a qualifying condition, as defined in section three hundred 15 fifty of the executive law, and received a discharge other than bad 16 conduct or dishonorable from such service, or (iii) are a discharged 17 LGBT veteran, as defined in section three hundred fifty of the executive 18 law, and received a discharge other than bad conduct or dishonorable 19 from such service, and who are physically disabled as a result of inju- 20 ries received while in the service of said armed forces and who are 21 eligible to hold licenses granted pursuant to section thirty-two of this 22 article. Such specialized vending licenses shall authorize holders ther- 23 eof to hawk or peddle within such city in accordance with the provisions 24 contained in this section. Specialized vending licenses issued under 25 this section shall permit the holders thereof to vend on any block face, 26 and no licensee authorized under this section shall be restricted in any 27 way from vending in any area, except as provided in this section. 28 § 40. Paragraph (b) of subdivision 3 of section 69-p of the general 29 business law, as amended by chapter 575 of the laws of 1993, is amended 30 to read as follows: 31 (b) In the case of persons who are or were in the military service and 32 (i) have been or will be discharged under conditions other than 33 dishonorable, or (ii) have a qualifying condition, as defined in section 34 three hundred fifty of the executive law, and received a discharge other 35 than bad conduct or dishonorable from such service, or (iii) are 36 discharged LGBT veterans, as defined in section three hundred fifty of 37 the executive law, and have received a discharge other than bad conduct 38 or dishonorable from such service, the period of two years specified in 39 subdivision one of this section need not be continuous. The length of 40 time such person was engaged in the business of installing, servicing or 41 maintaining security or fire alarm systems before entering the military 42 service may be added to any period of time during which such person was 43 or is engaged in the business of installing, servicing or maintaining 44 security or fire alarm systems after the termination of military 45 service. 46 § 41. The closing paragraph of section 435 of the general business 47 law, as added by chapter 801 of the laws of 1946, is amended to read as 48 follows: 49 In the case of persons who are or were in the military service and (a) 50 have been or will be discharged under conditions other than dishonor- 51 able, or (b) have a qualifying condition, as defined in section three 52 hundred fifty of the executive law, and received a discharge other than 53 bad conduct or dishonorable from such service, or (c) are discharged 54 LGBT veterans, as defined in section three hundred fifty of the execu- 55 tive law, and have received a discharge other than bad conduct or 56 dishonorable from such service, the period of one year specified in

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

S. 45--B 25 1 utive law, and received a discharge other than bad conduct or dishonor- 2 able from such service, or (c) are discharged LGBT veterans, as defined 3 in section three hundred fifty of the executive law, and received a 4 discharge other than bad conduct or dishonorable from such service, and 5 who are entitled to hawk, vend, sell or peddle merchandise in the public 6 right-of-way pursuant to sections thirty-two and thirty-five of the 7 general business law, shall be given first preference in any assignment 8 or vending locations or in the allocation of such locations. 9 § 44. Subparagraph (F) of paragraph 3 of subsection (e) of section 10 2104 of the insurance law, as amended by chapter 687 of the laws of 11 2003, is amended to read as follows: 12 (F) served as a member of the armed forces of the United States at any 13 time, and shall (i) have been discharged under conditions other than 14 dishonorable, or (ii) has a qualifying condition, as defined in section 15 three hundred fifty of the executive law, and has received a discharge 16 other than bad conduct or dishonorable from such service, or (iii) is a 17 discharged LGBT veteran, as defined in section three hundred fifty of 18 the executive law, and has received a discharge other than bad conduct 19 or dishonorable from such service, and who within three years prior to 20 his entry into the armed forces held a license as insurance broker for 21 similar lines, provided his application for such license is filed before 22 one year from the date of final discharge; or 23 § 45. Paragraph 2 of subsection (f) of section 2104 of the insurance 24 law is amended to read as follows: 25 (2) No license fee shall be required of any person who served as a 26 member of the armed forces of the United States at any time, and who (A) 27 shall have been discharged, under conditions other than dishonorable, or 28 (B) 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 (C) 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, in a current licensing period, for the duration of such 34 period. 35 § 46. Paragraph 11 of subsection (j) of section 2103 of the insurance 36 law, as added by chapter 769 of the laws of 1984, is amended to read as 37 follows: 38 (11) No license fee shall be required of any person who served as a 39 member of the armed forces of the United States at any time and who (A) 40 shall have been discharged therefrom, under conditions other than 41 dishonorable, or (B) 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 (C) 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, in a current licensing period, for 47 the duration of such period. 48 § 47. Paragraph 2 of subsection (i) of section 2108 of the insurance 49 law is amended to read as follows: 50 (2) No license fee shall be required of any person who served as a 51 member of the armed forces of the United States at any time and who (A) 52 shall have been discharged, under conditions other than dishonorable, or 53 (B) has a qualifying condition, as defined in section three hundred 54 fifty of the executive law, and has received a discharge other than bad 55 conduct or dishonorable from such service, or (C) is a discharged LGBT 56 veteran, as defined in section three hundred fifty of the executive law,

S. 45--B 26 1 and has received a discharge other than bad conduct or dishonorable from 2 such service, in a current licensing period, for the duration of such 3 period. 4 § 48. Paragraph 10 of subsection (h) of section 2137 of the insurance 5 law, as added by chapter 499 of the laws of 2009, is amended to read as 6 follows: 7 (10) No license fee shall be required of any person who served as a 8 member of the armed forces of the United States at any time and who (A) 9 shall have been discharged therefrom, under conditions other than 10 dishonorable, or (B) has a qualifying condition, as defined in section 11 three hundred fifty of the executive law, and has received a discharge 12 other than bad conduct or dishonorable from such service, or (C) is a 13 discharged LGBT veteran, as defined in section three hundred fifty of 14 the executive law, and has received a discharge other than bad conduct 15 or dishonorable from such service, in a current licensing period, for 16 the duration of such period. 17 § 49. Paragraph 11 of subsection (i) of section 2139 of the insurance 18 law, as added by section 14 of part V of chapter 57 of the laws of 2014, 19 is amended to read as follows: 20 (11) No license fee shall be required of any person who served as a 21 member of the armed forces of the United States at any time, and who (A) 22 shall have been discharged therefrom under conditions other than 23 dishonorable, or (B) 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 (C) 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, in a current licensing period for the 29 duration of such period. 30 § 50. Section 466 of the judiciary law, as amended by chapter 455 of 31 the laws of 1960, is amended to read as follows: 32 § 466. Attorney's oath of office. Each person, admitted as prescribed 33 in this chapter must, upon his or her admission, take the constitutional 34 oath of office in open court, and subscribe the same in a roll or book, 35 to be kept in the office of the clerk of the appellate division of the 36 supreme court for that purpose. 37 Any person now in actual service in the armed forces of the United 38 States or whose induction or enlistment therein is imminent, or within 39 sixty days after [he] such person (1) has been honorably discharged, or 40 (2) has received a discharge other than bad conduct or dishonorable from 41 such service, if such person has a qualifying condition, as defined in 42 section three hundred fifty of the executive law, or (3) has received a 43 discharge other than bad conduct or dishonorable from such service, if 44 such person is a discharged LGBT veteran, as defined in section three 45 hundred fifty of the executive law, if the appellate division of the 46 supreme court in the department in which such person resides is not in 47 session, may subscribe and take the oath before a justice of that court, 48 with the same force and effect as if it were taken in open court, except 49 that in the first department the oath must be taken before the presiding 50 justice or, in his or her absence, before the senior justice. 51 § 51. Subdivision 3 of section 20 of the military law, as added by 52 chapter 825 of the laws of 1950, is amended to read as follows: 53 3. Any person who has served as a commissioned or warrant officer in 54 the organized militia or in the armed forces of the United States and 55 (a) has been honorably discharged therefrom, or (b) has a qualifying 56 condition, as defined in section three hundred fifty of the executive

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

S. 45--B 28 1 vessels in oceangoing, i.e., foreign, intercoastal, or coastwise service 2 as such terms are defined under federal law (46 USCA 10301 & 10501) and 3 further to include "near foreign" voyages between the United States and 4 Canada, Mexico, or the West Indies via ocean routes, or public vessels 5 in oceangoing service or foreign waters and who has received a Certif- 6 icate of Release or Discharge from Active Duty and a discharge certif- 7 icate, or an Honorable Service Certificate/Report of Casualty, from the 8 Department of Defense, or who served as a United States civilian 9 employed by the American Field Service and served overseas under United 10 States Armies and United States Army Groups in world war II during the 11 period of armed conflict, December seventh, nineteen hundred forty-one 12 through May eighth, nineteen hundred forty-five, and who (i) was 13 discharged or released therefrom under honorable conditions, or (ii) has 14 a qualifying condition, as defined in section three hundred fifty of the 15 executive law, and has received a discharge other than bad conduct or 16 dishonorable from such service, or (iii) is a discharged LGBT veteran, 17 as defined in section three hundred fifty of the executive law, and has 18 received a discharge other than bad conduct or dishonorable from such 19 service, or who served as a United States civilian Flight Crew and 20 Aviation Ground Support Employee of Pan American World Airways or one of 21 its subsidiaries or its affiliates and served overseas as a result of 22 Pan American's contract with Air Transport Command or Naval Air Trans- 23 port Service during the period of armed conflict, December fourteenth, 24 nineteen hundred forty-one through August fourteenth, nineteen hundred 25 forty-five, and who (iv) was discharged or released therefrom under 26 honorable conditions, or (v) has a qualifying condition, as defined in 27 section three hundred fifty of the executive law, and has received a 28 discharge other than bad conduct or dishonorable from such service, or 29 (vi) is a discharged LGBT veteran, as defined in section three hundred 30 fifty of the executive law, and has received a discharge other than bad 31 conduct or dishonorable from such service; or service in police duty on 32 behalf of the United States government in a foreign country, if such 33 person is a police officer, as defined by section 1.20 of the criminal 34 procedure law, and if such police officer obtained the prior consent of 35 his or her public employer to absent himself or herself from his or her 36 position to engage in the performance of such service; or as an enrollee 37 in the United States maritime service on active duty and, to such extent 38 as may be prescribed by or under the laws of the United States, any 39 period awaiting assignment to such service and any period of education 40 or training for such service in any school or institution under the 41 jurisdiction of the United States government, but shall not include 42 temporary and intermittent gratuitous service in any reserve or auxilia- 43 ry force. It shall include time spent in reporting for and returning 44 from military duty and shall be deemed to commence when the public 45 employee leaves his position and to end when he is reinstated to his 46 position, provided such reinstatement is within ninety days after the 47 termination of military duty, as hereinafter defined. Notwithstanding 48 the foregoing provisions of this paragraph, the term "military duty" 49 shall not include any of the foregoing services entered upon voluntarily 50 on or after January first, nineteen hundred forty-seven and before June 51 twenty-fifth, nineteen hundred fifty; and, on or after July first, nine- 52 teen hundred seventy, the term "military duty" shall not include any 53 voluntary service in excess of four years performed after that date, or 54 the total of any voluntary services, additional or otherwise, in excess 55 of four years performed after that date, shall not exceed five years, if 56 the service in excess of four years is at the request and for the

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

S. 45--B 30 1 § 245. Retirement allowances of certain war veterans. Any member of a 2 teachers' retirement system to which the city of New York is required by 3 law to make contributions on account of such member who (i) is an honor- 4 ably discharged member of any branch of the armed forces of the United 5 States, or (ii) has a qualifying condition, as defined in section three 6 hundred fifty of the executive law, and has received a discharge other 7 than bad conduct or dishonorable, or (iii) is a discharged LGBT veteran, 8 as defined in section three hundred fifty of the executive law, and has 9 received a discharge other than bad conduct or dishonorable, having 10 served as such during the time of war and who has attained the age of 11 fifty years, may retire upon his own request upon written application to 12 the board setting forth at what time not less than thirty days subse- 13 quent to the execution and filing thereof he desires to be retired, 14 provided that such member at the time so specified for his retirement 15 shall have completed at least twenty-five years of allowable service. 16 Upon retirement such member shall receive an annuity of equivalent actu- 17 arial value to his accumulated deductions, and, in addition, a pension 18 beginning immediately, having a value equal to the present value of the 19 pension that would have become payable had he continued at his current 20 salary to the age at which he would have first become eligible for 21 service retirement, provided, however, that the said member on making 22 application for retirement shall pay into the retirement fund a sum of 23 money which calculated on an actuarial basis, together with his prior 24 contributions and other accumulations in said fund then to his credit, 25 shall be sufficient to entitle the said member to the same annuity and 26 pension that he would have received had he remained in the service of 27 the city until he had attained the age at which he otherwise would have 28 first become eligible for service retirement. 29 Notwithstanding any other provision of this section or of any general, 30 special or local law or code to the contrary, a member of any such 31 teachers' retirement system who (i) is separated or discharged under 32 honorable conditions from any branch of the armed forces of the United 33 States, or (ii) has a qualifying condition, as defined in section three 34 hundred fifty of the executive law, and has received a discharge other 35 than bad conduct or dishonorable, 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, having 38 served as such during the time of war and who has attained the age of 39 fifty years, may retire upon his own request upon written application to 40 the board setting forth at what time, not less than thirty days subse- 41 quent to the execution and filing thereof, he desires to be retired, 42 provided that such member at that time so specified for his retirement 43 shall have completed at least twenty-five years of allowable service. 44 Upon reaching his previously selected minimum retirement age, such 45 member shall receive an annuity of equivalent actuarial value, at that 46 time, to his accumulated deductions, and, in addition, a pension based 47 upon his credited years of allowable service, plus the pension-for-in- 48 creased-take-home-pay, if any. Should such member die before reaching 49 his retirement age, then any beneficiary under a selected option shall 50 be eligible for benefits under such option at the date upon which the 51 member would have reached his selected retirement age. 52 § 56. Section 249 of the military law, as added by chapter 420 of the 53 laws of 1953, is amended to read as follows: 54 § 249. State and municipal officers and employees granted leaves of 55 absence on July fourth in certain cases. Each officer and employee of 56 the state or of a municipal corporation or of any other political subdi-

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

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

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

S. 45--B 34 1 officers of any public benefit corporation or any public authority of 2 this state, or of any public benefit corporation or public authority of 3 any county or subdivision of this state, to give leave of absence with 4 pay for twenty-four hours on the day prescribed by law as a public holi- 5 day for the observance of Memorial day and on the eleventh day of Novem- 6 ber, known as Veterans' day, to every person in the service of the 7 state, the county, the town, the fire district, the city or village, the 8 public benefit corporation or public authority of this state, or any 9 public benefit corporation or public authority of any county or subdivi- 10 sion of this state, as the case may be, (i) who served on active duty in 11 the armed forces of the United States during world war I or world war 12 II, or 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 who (a) was discharged or released therefrom 33 under honorable conditions, or (b) 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 (c) 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 (d) 45 was discharged or released therefrom under honorable conditions, or (e) 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 from such service, or (f) is a discharged LGBT veteran, 49 as defined in section three hundred fifty of the executive law, and has 50 received a discharge other than bad conduct or dishonorable from such 51 service or during the period of the Korean conflict at any time between 52 the dates of June twenty-seventh, nineteen hundred fifty and January 53 thirty-first, nineteen hundred fifty-five, or during the period of the 54 Vietnam conflict from the twenty-eighth day of February, nineteen 55 hundred sixty-one to the seventh day of May, nineteen hundred seventy- 56 five, or (ii) who served on active duty in the armed forces of the

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

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

S. 45--B 37 1 § 65. Paragraph (e) of subdivision 1 of section 458-a of the real 2 property tax law, as amended by chapter 384 of the laws of 2008, is 3 amended to read as follows: 4 (e) "Veteran" means a person (i) who served in the active military, 5 naval, or air service during a period of war, or who was a recipient of 6 the armed forces expeditionary medal, navy expeditionary medal, marine 7 corps expeditionary medal, or global war on terrorism expeditionary 8 medal, and who (1) was discharged or released therefrom under honorable 9 conditions, or (2) has a qualifying condition, 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 (3) is a 12 discharged LGBT veteran, as defined in section three hundred fifty of 13 the executive law, and has received a discharge other than bad conduct 14 or dishonorable from such service, (ii) who was employed by the War 15 Shipping Administration or Office of Defense Transportation or their 16 agents as a merchant seaman documented by the United States Coast Guard 17 or Department of Commerce, or as a civil servant employed by the United 18 States Army Transport Service (later redesignated as the United States 19 Army Transportation Corps, Water Division) or the Naval Transportation 20 Service; and who served satisfactorily as a crew member during the peri- 21 od of armed conflict, December seventh, nineteen hundred forty-one, to 22 August fifteenth, nineteen hundred forty-five, aboard merchant vessels 23 in oceangoing, i.e., foreign, intercoastal, or coastwise service as such 24 terms are defined under federal law (46 USCA 10301 & 10501) and further 25 to include "near foreign" voyages between the United States and Canada, 26 Mexico, or the West Indies via ocean routes, or public vessels in ocean- 27 going service or foreign waters and who has received a Certificate of 28 Release or Discharge from Active Duty and a discharge certificate, or an 29 Honorable Service Certificate/Report of Casualty, from the department of 30 defense, (iii) who served as a United States civilian employed by the 31 American Field Service and served overseas under United States Armies 32 and United States Army Groups in world war II during the period of armed 33 conflict, December seventh, nineteen hundred forty-one through May 34 eighth, nineteen hundred forty-five, and who (1) was discharged or 35 released therefrom under honorable conditions, or (2) has a qualifying 36 condition, as defined in section three hundred fifty of the executive 37 law, and has received a discharge other than bad conduct or dishonorable 38 from such service, or (3) is a discharged LGBT veteran, as defined in 39 section three hundred fifty of the executive law, and has received a 40 discharge other than bad conduct or dishonorable from such service, (iv) 41 who served as a United States civilian Flight Crew and Aviation Ground 42 Support Employee of Pan American World Airways or one of its subsid- 43 iaries or its affiliates and served overseas as a result of Pan Ameri- 44 can's contract with Air Transport Command or Naval Air Transport Service 45 during the period of armed conflict, December fourteenth, nineteen 46 hundred forty-one through August fourteenth, nineteen hundred forty- 47 five, and who (1) was discharged or released therefrom under honorable 48 conditions, or (2) has a qualifying condition, as defined in section 49 three hundred fifty of the executive law, and has received a discharge 50 other than bad conduct or dishonorable from such service, or (3) is a 51 discharged LGBT veteran, as defined in section three hundred fifty of 52 the executive law, and has received a discharge other than bad conduct 53 or dishonorable from such service, or (v) notwithstanding any other 54 provision of law to the contrary, who are members of the reserve compo- 55 nents of the armed forces of the United States who (1) received an 56 honorable discharge or release therefrom under honorable conditions, or

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

S. 45--B 39 1 § 69. Subdivision 1 of section 168 of the social services law, as 2 amended by chapter 467 of the laws of 1991, is amended to read as 3 follows: 4 1. Veteran means a person, male or female, who has served in the armed 5 forces of the United States in time of war, or who was a recipient of 6 the armed forces expeditionary medal, navy expeditionary medal or marine 7 corps expeditionary medal for participation in operations in Lebanon 8 from June first, nineteen hundred eighty-three to December first, nine- 9 teen hundred eighty-seven, in Grenada from October twenty-third, nine- 10 teen hundred eighty-three to November twenty-first, nineteen hundred 11 eighty-three, or in Panama from December twentieth, nineteen hundred 12 eighty-nine to January thirty-first, nineteen hundred ninety, and who 13 (1) has been honorably discharged or released under honorable circum- 14 stances from such service or furloughed to the reserve, or (2) has a 15 qualifying condition, as defined in section three hundred fifty of the 16 executive law, and has received a discharge other than bad conduct or 17 dishonorable from such service, or (3) is a discharged LGBT veteran, as 18 defined in section three hundred fifty of the executive law, and has 19 received a discharge other than bad conduct or dishonorable from such 20 service. 21 § 70. Paragraph 5 of subdivision 2 of section 168 of the social 22 services law, as amended by chapter 616 of the laws of 1995, is amended 23 to read as follows: 24 (5) World war II; from the seventh day of December, nineteen hundred 25 forty-one to and including the thirty-first day of December, nineteen 26 hundred forty-six, or who was employed by the War Shipping Adminis- 27 tration or Office of Defense Transportation or their agents as a 28 merchant seaman documented by the United States Coast Guard or Depart- 29 ment of Commerce, or as a civil servant employed by the United States 30 Army Transport Service (later redesignated as the United States Army 31 Transportation Corps, Water Division) or the Naval Transportation 32 Service; and who served satisfactorily as a crew member during the peri- 33 od of armed conflict, December seventh, nineteen hundred forty-one, to 34 August fifteenth, nineteen hundred forty-five, aboard merchant vessels 35 in oceangoing, i.e., foreign, intercoastal, or coastwise service as such 36 terms are defined under federal law (46 USCA 10301 & 10501) and further 37 to include "near foreign" voyages between the United States and Canada, 38 Mexico, or the West Indies via ocean routes, or public vessels in ocean- 39 going service or foreign waters and who has received a Certificate of 40 Release or Discharge from Active Duty and a discharge certificate, or an 41 Honorable Service Certificate/Report of Casualty, from the Department of 42 Defense or who served as a United States civilian employed by the Ameri- 43 can Field Service and served overseas under United States Armies and 44 United States Army Groups in world war II during the period of armed 45 conflict, December seventh, nineteen hundred forty-one through May 46 eighth, nineteen hundred forty-five, and who (i) was discharged or 47 released therefrom under honorable conditions, or (ii) has a qualifying 48 condition, as defined in section three hundred fifty of the executive 49 law, and has received a discharge other than bad conduct or dishonorable 50 from such service, or (iii) is a discharged LGBT veteran, as defined in 51 section three hundred fifty of the executive law, and has received a 52 discharge other than bad conduct or dishonorable from such service, or 53 who served as a United States civilian Flight Crew and Aviation Ground 54 Support Employee of Pan American World Airways or one of its subsid- 55 iaries or its affiliates and served overseas as a result of Pan Ameri- 56 can's contract with Air Transport Command or Naval Air Transport Service

S. 45--B 40 1 during the period of armed conflict, December fourteenth, nineteen 2 hundred forty-one through August fourteenth, nineteen hundred forty- 3 five, and who (iv) was discharged or released therefrom under honorable 4 conditions, or (v) 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 (vi) 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. 10 § 71. Subparagraph 1 of paragraph (b) of subdivision 29 of section 11 210-B of the tax law, as amended by section 1 of part Q of chapter 59 of 12 the laws of 2018, is amended to read as follows: 13 (1) who served on active duty in the United States army, navy, air 14 force, marine corps, coast guard or the reserves thereof, or who served 15 in active military service of the United States as a member of the army 16 national guard, air national guard, New York guard or New York naval 17 militia; who (i) was released from active duty by general or honorable 18 discharge after September eleventh, two thousand one, or (ii) has a 19 qualifying condition, as defined in section three hundred fifty of the 20 executive law, and has received a discharge other than bad conduct or 21 dishonorable from such service after September eleventh, two thousand 22 one, or (iii) is a discharged LGBT veteran, as defined in section three 23 hundred fifty of the executive law, and has received a discharge other 24 than bad conduct or dishonorable from such service after September elev- 25 enth, two thousand one; 26 § 72. Subparagraph (A) of paragraph 2 of subsection (a-2) of section 27 606 of the tax law, as amended by section 2 of part Q of chapter 59 of 28 the laws of 2018, is amended to read as follows: 29 (A) who served on active duty in the United States army, navy, air 30 force, marine corps, coast guard or the reserves thereof, or who served 31 in active military service of the United States as a member of the army 32 national guard, air national guard, New York guard or New York naval 33 militia; who (i) was released from active duty by general or honorable 34 discharge after September eleventh, two thousand one, or (ii) has a 35 qualifying condition, as defined in section three hundred fifty of the 36 executive law, and has received a discharge other than bad conduct or 37 dishonorable from such service after September eleventh, two thousand 38 one, or (iii) is a discharged LGBT veteran, as defined in section three 39 hundred fifty of the executive law, and has received a discharge other 40 than bad conduct or dishonorable from such service after September elev- 41 enth, two thousand one; 42 § 73. Subparagraph (A) of paragraph 2 of subsection (g-1) of section 43 1511 of the tax law, as amended by section 3 of part Q of chapter 59 of 44 the laws of 2018, is amended to read as follows: 45 (A) who served on active duty in the United States army, navy, air 46 force, marine corps, coast guard or the reserves thereof, or who served 47 in active military service of the United States as a member of the army 48 national guard, air national guard, New York guard or New York naval 49 militia; who (i) was released from active duty by general or honorable 50 discharge after September eleventh, two thousand one, or (ii) has a 51 qualifying condition, as defined in section three hundred fifty of the 52 executive law, and has received a discharge other than bad conduct or 53 dishonorable from such service after September eleventh, two thousand 54 one, or (iii) is a discharged LGBT veteran, as defined in section three 55 hundred fifty of the executive law, and has received a discharge other

S. 45--B 41 1 than bad conduct or dishonorable from such service after September elev- 2 enth, two thousand one; 3 § 74. Section 295 of the town law, as amended by chapter 658 of the 4 laws of 2004, is amended to read as follows: 5 § 295. Removal of remains of deceased members of armed forces. Upon a 6 verified petition presented to a judge of a court of record by any armed 7 forces' organization in any town or city in this state by a majority of 8 its officers, or a majority of any memorial committee in any town or 9 city where there are two or more veteran armed forces' organizations, or 10 in towns or cities where there are no veteran armed forces' organiza- 11 tions, upon the petition of five or more veterans of the armed forces, 12 the judge to whom said verified petition is presented shall make an 13 order to show cause, returnable before him at a time and place within 14 the county in not less than fourteen or more than twenty days from the 15 date of presentation of said petition, why the remains of any deceased 16 members of the armed forces buried in potter's field, or in any 17 neglected or abandoned cemeteries, should not be removed to and rein- 18 terred in a properly kept incorporated cemetery in the same town or city 19 or in a town adjoining the town or city in which the remains of a 20 deceased member of the armed forces are buried, and to fix the amount of 21 the expenses for such removal and reinterment, and the order to show 22 cause shall provide for its publication in a newspaper, to be designated 23 in the order, which is published nearest to the cemetery from which the 24 removal is sought to be made, once in each week for two successive 25 weeks. The verified petition presented to the judge shall show that the 26 petitioners are a majority of the officers of a veteran armed forces 27 organization, or a majority of a memorial committee in towns or cities 28 where two or more veteran armed forces organizations exist, or that the 29 petitioners are honorably discharged veterans of the armed forces in 30 towns or cities where no veteran armed forces organization exists, or 31 that the petitioners have a qualifying condition, as defined in section 32 three hundred fifty of the executive law, and received a discharge other 33 than bad conduct or dishonorable from such service and are in towns or 34 cities where no veteran armed forces organizations exist, or that the 35 petitioners are discharged LGBT veterans, as defined in section three 36 hundred fifty of the executive law, and received a discharge other than 37 bad conduct or dishonorable from such service and are in towns and 38 cities where no veteran armed forces organizations exist, and (1) the 39 name of the deceased member or members of the armed forces, whose 40 remains are sought to be removed, and if known the unit in which he or 41 they served; (2) the name and location of the cemetery in which he is 42 interred and from which removal is asked to be made; (3) the name and 43 location of the incorporated cemetery to which the remains are desired 44 to be removed and reinterred; (4) the facts showing the reasons for such 45 removal. Upon the return day of the order to show cause and at the time 46 and place fixed in said order, upon filing proof of publication of the 47 order to show cause with the judge, if no objection is made thereto, he 48 shall make an order directing the removal of the remains of said 49 deceased member or members of the armed forces to the cemetery desig- 50 nated in the petition within the town or city or within a town adjoining 51 the town or city in which the remains are then buried and shall specify 52 in the order the amount of the expenses of such removal, which expenses 53 of removal and reinterment, including the expense of the proceeding 54 under this section, shall be a charge upon the county in which the town 55 or city is situated from which the removal is made and such expenses 56 shall be a county charge and audited by the board of supervisors of the

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

S. 45--B 43 1 plate shall be filed with the commissioner in such form and detail as 2 the commissioner shall prescribe. 3 2. The distinctive plate authorized pursuant to this section shall be 4 issued upon proof, satisfactory to the commissioner, that the applicant 5 is [~~an honorably discharged~~] a veteran who served in the United States 6 Naval Armed Guard and who (1) was honorably discharged from such 7 service, or (2) 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 (3) 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. 13 3. A distinctive plate issued pursuant to this section shall be issued 14 in the same manner as other number plates upon payment of the regular 15 registration fee prescribed by section four hundred one of this article, 16 provided, however, that an additional one-time service charge of ten 17 dollars shall be charged for such plate. Provided, however, that one 18 year after the effective date of this section funds in the amount of 19 five thousand dollars, or so much thereof as may be available, shall be 20 allocated from such funds to the department to offset costs associated 21 with the production of such license plates. 22 § 76. Subdivision 1 of section 404-w of the vehicle and traffic law, 23 as added by chapter 105 of the laws of 2005, is amended to read as 24 follows: 25 1. Any war on terror veteran residing in this state shall, upon 26 request, be issued a license plate bearing the words "War on Terror 27 veteran". Application for said license plate shall be filed with the 28 commissioner in such form and detail as the commissioner shall 29 prescribe. For purposes of this section, a "war on terror" veteran shall 30 mean: 31 (a) a person who served in the armed forces of the United States in 32 the hostilities that occurred in the Persian Gulf from the eleventh day 33 of September, two thousand one, to the end of such hostilities, who (i) 34 was discharged therefrom under other than dishonorable conditions, or 35 (ii) has a qualifying condition, as defined in section three hundred 36 fifty of the executive law, and has received a discharge other than bad 37 conduct or dishonorable from such service, or (iii) is a discharged LGBT 38 veteran, as defined in section three hundred fifty of the executive law, 39 and has received a discharge other than bad conduct or dishonorable from 40 such service; or 41 (b) a person who served in the armed forces of the United States in 42 the hostilities that occurred in Afghanistan from the eleventh day of 43 September, two thousand one, to the end of such hostilities, who (i) was 44 discharged therefrom under other than dishonorable 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 § 77. Subdivision 3 of section 404-w of the vehicle and traffic law, 52 as added by chapter 493 of the laws of 2005, is amended to read as 53 follows: 54 3. For the purposes of this section, "Persian Gulf veteran" shall mean 55 a person who is a resident of this state, who served in the armed forces 56 of the United States in the hostilities that occurred in the Persian

S. 45--B 44 1 Gulf from the second day of August, nineteen hundred ninety to the end 2 of such hostilities, and [~~were~~] was (a) honorably discharged from the 3 military, or (b) has a qualifying condition, as defined in section three 4 hundred fifty of the executive law, and has received a discharge other 5 than bad conduct or dishonorable from such service, or (c) 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. 9 § 78. Subdivision 3 of section 404-y of the vehicle and traffic law, 10 as added by chapter 107 of the laws of 2017, is amended to read as 11 follows: 12 3. For the purposes of this section, the following terms shall have 13 the following meanings: 14 (a) "Veteran of the Iraq War" shall mean a person who is a resident of 15 this state, who served in the armed forces of the United States in the 16 hostilities that occurred in Iraq from the sixteenth day of October, two 17 thousand two to the end of such hostilities who (i) was discharged ther- 18 efrom under other than dishonorable conditions or (ii) has a qualifying 19 condition, as defined in section three hundred fifty of the executive 20 law, and has received a discharge other than bad conduct or dishonorable 21 from such service, or (iii) is a discharged LGBT veteran, 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; and 24 (b) "Veteran of the Afghanistan War" shall mean a person who is a 25 resident of this state, who served in the armed forces of the United 26 States in the hostilities that occurred in Afghanistan from the seventh 27 day of October, two thousand one to the end of such hostilities who (i) 28 was discharged therefrom under other than dishonorable conditions or 29 (ii) has a qualifying condition, as defined in section three hundred 30 fifty of the executive law, and has received a discharge other than bad 31 conduct or dishonorable from such service, or (iii) is a discharged LGBT 32 veteran, as defined in section three hundred fifty of the executive law, 33 and has received a discharge other than bad conduct or dishonorable from 34 such service. 35 § 79. Paragraph (b) of subdivision 3 of section 490 of the vehicle and 36 traffic law, as amended by chapter 429 of the laws of 2014, is amended 37 to read as follows: 38 (b) The identification card shall contain a distinguishing number or 39 mark and adequate space upon which an anatomical gift, pursuant to arti- 40 cle forty-three of the public health law, by the holder may be recorded 41 and shall contain such other information and shall be issued in such 42 form as the commissioner shall determine; provided, however, every iden- 43 tification card or renewal thereof issued to a person under the age of 44 twenty-one years shall have prominently imprinted thereon the statement 45 "UNDER 21 YEARS OF AGE" in notably distinctive print or format. 46 Provided, further, however, that every identification card issued to an 47 applicant who was a member of the armed forces of the United States and 48 (i) received an honorable discharge or was released therefrom under 49 honorable conditions, or (ii) has a qualifying condition, as defined in 50 section three hundred fifty of the executive law, and has received a 51 discharge other than bad conduct or dishonorable from such service, or 52 (iii) is a discharged LGBT veteran, as defined in section three hundred 53 fifty of the executive law, and has received a discharge other than bad 54 conduct or dishonorable from such service, shall, upon his or her 55 request and submission of proof as set forth herein, contain a distin- 56 guishing mark, in such form as the commissioner shall determine, indi-

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

S. 45--B 46 1 the executive law, and received a discharge other than bad conduct or 2 dishonorable from such service, or any other physically handicapped 3 persons, is of vital importance to the state and its people and is of 4 concern to this legislature; 5 Third: That it is the considered judgment of this legislature that the 6 system embodied in this subdivision, which makes a logical and equitable 7 adjustment of the liability under the workers' compensation law which an 8 employer must assume in hiring employees, constitutes a practical and 9 reasonable approach to a solution of the problem for the employment of 10 physically handicapped persons. 11 Moreover, because of the insidious nature of slowly developing 12 diseases such as silicosis and other dust diseases and because of the 13 reluctance on the part of employers to employ persons previously exposed 14 to silica or other harmful dust, means should also be provided whereby 15 employers will be encouraged to employ and to continue the employment of 16 such persons, by apportioning liability fairly between the employer and 17 industry as a whole without at the same time removing any incentive for 18 the prevention of harmful dust diseases. 19 § 82. This act shall take effect one year after it shall have become a 20 law; provided, however that the amendments to subdivision 7 of section 21 369-h of the executive law made by section twenty-five of this act shall 22 not affect the repeal of such section and shall be deemed repealed ther- 23 ewith. Effective immediately, the addition, amendment and/or repeal of 24 any rule or regulation necessary for the implementation of this act on 25 its effective date are authorized to be made and completed on or before 26 such effective date.

Relates to discharged LGBT veterans

What's Happening

Why It Matters