S T A T E O F N E W Y O R K
________________________________________________________________________
7317
2021-2022 Regular Sessions
I N A S S E M B L Y
May 5, 2021
___________
Introduced by M. of A. HUNTER -- read once and referred to the Committee
on Corporations, Authorities and Commissions
AN ACT to amend the business corporation law and the not-for-profit
corporation law, in relation to exempting veterans from the payment of
certain fees relating to corporations
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The business corporation law is amended by adding a new
section 104-B to read as follows:
§ 104-B. VETERAN EXEMPTION FROM FEES.
(A) AS USED IN THIS SECTION, "VETERAN" SHALL MEAN A PERSON WHO SERVED
IN THE UNITED STATES ARMY, NAVY, AIR FORCE, MARINES, COAST GUARD AND/OR
RESERVES THEREOF, AND/OR IN THE ARMY NATIONAL GUARD, AIR NATIONAL GUARD,
NEW YORK GUARD, AND/OR NEW YORK NAVAL MILITIA AND WHO (1) HAS RECEIVED
AN HONORABLE OR GENERAL DISCHARGE FROM SUCH SERVICE, OR (2) HAS A QUALI-
FYING CONDITION, AS DEFINED IN SECTION THREE HUNDRED FIFTY OF THE EXECU-
TIVE LAW, AND HAS RECEIVED A DISCHARGE OTHER THAN BAD CONDUCT OR
DISHONORABLE FROM SUCH SERVICE, OR (3) IS A DISCHARGED LGBT VETERAN, AS
DEFINED IN SECTION THREE HUNDRED FIFTY OF THE EXECUTIVE LAW, AND HAS
RECEIVED A DISCHARGE OTHER THAN BAD CONDUCT OR DISHONORABLE FROM SUCH
SERVICE; AND SUCH PERSON IS A RESIDENT OF THE STATE OF NEW YORK AT THE
TIME UNDERTAKING AN ACTION SUBJECT TO A FEE PURSUANT TO SECTION ONE
HUNDRED FOUR-A OF THIS ARTICLE.
(B) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, NO VETERAN SHALL BE
REQUIRED TO PAY THE FEES OTHERWISE REQUIRED BY SECTION ONE HUNDRED
FOUR-A OF THIS ARTICLE WITHIN FIVE YEARS OF (1) RECEIVING AN HONORABLE
OR GENERAL DISCHARGE FROM MILITARY SERVICE, OR (2) RECEIVING CONFIRMA-
TION FROM THE DIVISION OF VETERANS' SERVICES OF A QUALIFYING CONDITION,
OR (3) RECEIVING CONFIRMATION FROM THE DIVISION OF VETERANS' SERVICES OF
THEIR STATUS AS A DISCHARGED LGBT VETERAN.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03565-02-1
A. 7317 2
(C) STATUS AS AN ELIGIBLE VETERAN PURSUANT TO THIS SECTION SHALL BE
DOCUMENTED PURSUANT TO RULES AND REGULATIONS PROMULGATED BY THE COMMIS-
SIONER OF THE DEPARTMENT OF STATE.
§ 2. The not-for-profit corporation law is amended by adding a new
section 104-B to read as follows:
§ 104-B. VETERAN EXEMPTION FROM FEES.
(A) AS USED IN THIS SECTION, "VETERAN" SHALL MEAN A PERSON WHO SERVED
IN THE UNITED STATES ARMY, NAVY, AIR FORCE, MARINES, COAST GUARD AND/OR
RESERVES THEREOF, AND/OR IN THE ARMY NATIONAL GUARD, AIR NATIONAL GUARD,
NEW YORK GUARD, AND/OR NEW YORK NAVAL MILITIA AND WHO (1) HAS RECEIVED
AN HONORABLE OR GENERAL DISCHARGE FROM SUCH SERVICE, OR (2) HAS A QUALI-
FYING CONDITION, AS DEFINED IN SECTION THREE HUNDRED FIFTY OF THE EXECU-
TIVE LAW, AND HAS RECEIVED A DISCHARGE OTHER THAN BAD CONDUCT OR
DISHONORABLE FROM SUCH SERVICE, OR (3) IS A DISCHARGED LGBT VETERAN, AS
DEFINED IN SECTION THREE HUNDRED FIFTY OF THE EXECUTIVE LAW, AND HAS
RECEIVED A DISCHARGE OTHER THAN BAD CONDUCT OR DISHONORABLE FROM SUCH
SERVICE; AND SUCH PERSON IS A RESIDENT OF THE STATE OF NEW YORK AT THE
TIME UNDERTAKING AN ACTION SUBJECT TO A FEE PURSUANT TO SECTION ONE
HUNDRED FOUR-A OF THIS ARTICLE.
(B) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, NO VETERAN SHALL BE
REQUIRED TO PAY THE FEES OTHERWISE REQUIRED BY SECTION ONE HUNDRED
FOUR-A OF THIS ARTICLE WITHIN FIVE YEARS OF (1) RECEIVING AN HONORABLE
OR GENERAL DISCHARGE FROM MILITARY SERVICE, OR (2) RECEIVING CONFIRMA-
TION FROM THE DIVISION OF VETERANS' SERVICES OF A QUALIFYING CONDITION,
OR (3) RECEIVING CONFIRMATION FROM THE DIVISION OF VETERANS' SERVICES OF
THEIR STATUS AS A DISCHARGED LGBT VETERAN.
(C) STATUS AS AN ELIGIBLE VETERAN PURSUANT TO THIS SECTION SHALL BE
DOCUMENTED PURSUANT TO RULES AND REGULATIONS PROMULGATED BY THE COMMIS-
SIONER OF THE DEPARTMENT OF STATE.
§ 3. This act shall take effect on the one hundred eightieth day after
it shall have become a law.