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ARTICLE 1
DEPARTMENT OF VETERANS' SERVICES
Section 1. Definitions.
2. Department of veterans' services.
3. Veterans' services commission.
4. General functions, powers and duties of department.
5. Veteran speaker education program.
6. Cooperation and facilities of other departments.
7. Information on status of veterans receiving assistance.
8. New York state supplemental burial allowance for members of
the armed forces of the United States killed in combat or
duty subject to hostile fire or imminent danger, as
defined in 37 USC § 310.
9. New York state veteran burial fund.
10. Time within which marriage may be solemnized; member of the
armed forces.
11. Use of personal confidential information obtained from
veterans or family members of veterans receiving services
from the state and political subdivisions thereof.
12. Acceptance of gifts.
13. State veterans' service agency.
14. Local veterans' service agencies.
15. Powers and duties of local veterans' service agencies.
16. Location and cost of local veterans' service agencies; depu-
ty local directors.
17. Local veterans' service committees.
18. Appropriations for expenses and activities of local veter-
ans' service agencies.
19. Women veterans coordinator.
20. Creation of annuity.
21. Evidence of entitlement.
22. Persons who may receive annuity.
23. New York state veterans' cemeteries.
24. Veterans health screening.
25. Payment to parents of veterans.
26. Cremated remains of a veteran.
27. New York state silver rose veterans service certificate.
§ 1. Definitions. When used in this article:
1. The term "department" means the department of veterans' services.
2. The term "state commissioner" means the New York state commissioner
of veterans' services.
3. The term "veteran" means a person, male or female, resident of this
state, who has served in the active military or naval service of the
United States during a war in which the United States engaged and who
has been released from such service otherwise than by dishonorable
discharge, or who has been furloughed to the reserve.
4. The term "armed forces" means the military and naval forces of the
United States.
5. The term "local director" means the director of a county or city
veterans' service agency.
6. The term "county director" means a local director of a county
veterans' service agency.
7. The term "city director" means a local director of a city veterans'
service agency.
8. The term "qualifying condition" means a diagnosis of post-traumatic
stress disorder or traumatic brain injury made by, or an experience of
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military sexual trauma, as described in 38 USC 1720D, as amended from
time to time, disclosed to, an individual licensed to provide health
care services at a United States Department of Veterans Affairs facility
or an individual licensed to provide health care services within the
state of New York. The department shall develop a standardized form used
to confirm that the veteran has a qualifying condition under this subdi-
vision.
9. The term "discharged LGBT veteran" means a veteran who was
discharged less than honorably from military or naval service due to
their sexual orientation or gender identity or expression, as those
terms are defined in section two hundred ninety-two of the executive
law, or statements, consensual sexual conduct, or consensual acts relat-
ing to sexual orientation, gender identity or expression, or the disclo-
sure of such statements, conduct, or acts, that were prohibited by the
military or naval service at the time of discharge. The department shall
establish a consistent and uniform process to determine whether a veter-
an qualifies as a discharged LGBT veteran under this subdivision,
including, at a minimum, standards for verifying a veteran's status as a
discharged LGBT veteran, and a method of demonstrating eligibility as a
discharged LGBT veteran.
§ 2. Department of veterans' services. There is hereby created a
department of veterans' services. The head of such department shall be
the New York state commissioner of veterans' services who shall be a
veteran. He or she shall be appointed by the governor and shall hold
office during his or her pleasure. Such state commissioner shall receive
an annual salary to be fixed by the governor within the limitation
provided by law. He or she shall also be entitled to receive his or her
expenses actually and necessarily incurred by him or her in the perform-
ance of his or her duties. The state commissioner, with the approval of
the governor, may establish such bureaus within the department as are
necessary and appropriate to carrying out its functions and may consol-
idate or abolish such bureaus. The state commissioner may appoint such
officers, consultants, clerks and other employees and agents as he or
she may deem necessary, fix their compensation within the limitation
provided by law, and prescribe their duties.
§ 3. Veterans' services commission. 1. There shall be in the depart-
ment a veterans' services commission, which shall consist of the members
and the ex officio members provided for in this section.
2. There shall be thirteen members of the commission who shall be
veterans appointed by the governor, including two appointed on recommen-
dation of the temporary president of the senate, one appointed on recom-
mendation of the minority leader of the senate, two appointed on recom-
mendation of the speaker of the assembly, and one appointed on
recommendation of the minority leader of the assembly. The appointment
of members made by the governor without recommendation shall be subject
to advice and consent of the senate. The members of the commission
shall serve for terms of three years each. Appointed members presently
serving on the commission shall continue to serve for the remainder of
the term appointed. Any member chosen to fill a vacancy of such an
appointed member occurring otherwise than by expiration of term shall be
appointed for the remainder of the unexpired term of the member whom he
or she is to succeed. Members appointed as provided in this subdivision
shall receive no salary or other compensation, but each shall be enti-
tled to receive expenses actually and necessarily incurred in the
performance of their duties.
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3. Ex officio members. (a) The adjutant general of the state of New
York shall be an ex officio member of the commission.
(b) In addition, the state commissioner may appoint the head of any
other state agency or their designee as a non-voting, ex officio member
of the commission. Such appointments shall expire annually on December
thirty-first unless such appointments are renewed by the state commis-
sioner.
4. One of the members of the commission, which shall include the adju-
tant general, shall be designated as chairperson by the governor. The
designation shall be in writing and shall be filed with the commission.
5. The commission shall have power, and it shall be its duty, to
assist the state commissioner in the formulation of policies affecting
veterans and in the coordination of all operations of state agencies
relating to veterans' services.
§ 4. General functions, powers and duties of department. The depart-
ment, by and through the state commissioner or his or her duly author-
ized officer or employee, shall have the following functions, powers and
duties:
1. To coordinate the program and activities of departments, divisions,
boards, bureaus, commissions or agencies of the state or of any poli-
tical subdivision of the state in providing services and facilities to
members of the armed forces and to veterans who are residents of this
state and their families.
2. To maintain liaison with other public officials and agencies
concerned with the development or execution of plans for members of the
armed forces and veterans who are residents of this state, and their
families, and to assist in the development and execution of such plans.
3. To establish, direct and supervise a state veterans' services agen-
cy; and to create or designate other agencies of the department to aid
and assist in the discharge of one or more of its functions, powers or
duties under this article, and grant authority to such agencies as may
be deemed necessary for the effective accomplishment of any of such
functions, powers or duties.
4. To operate and maintain counseling services, rest camps and other
agencies and institutions and to administer benefits and facilities for
members of the armed forces and veterans who are residents of this
state, and their families.
5. To provide seminars three times per year at locations throughout
the state to advise veterans and their surviving spouses, who are age
sixty-two or older, of veterans' benefits for which they may be eligible
from the state and federal governments, and the means of obtaining such
benefits.
6. To provide seminars three times per year at locations throughout
the state to advise women veterans of their benefits for which they may
be eligible from the state and federal governments, the means of obtain-
ing such benefits and other topics, including, but not limited to,
health care issues of specific interest to women veterans.
7. To provide in cooperation with the office of general services and
the office of the comptroller a series of seminars, that shall be
conducted four or more times per year at regional sites located through-
out the state of New York for the purpose of advising veteran-owned
businesses regarding the opportunities available for obtaining procure-
ment contracts from New York state agencies, municipalities, and author-
ities. Furthermore the seminars shall provide requirements and training
that will enable veteran-owned businesses to successfully participate in
the procurement process.
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8. To execute and assist in the execution of plans for the efficient
utilization of the resources and facilities of the state in matters
related to members of the armed forces and veterans who are residents of
this state, and their families.
9. To make studies and analyses and develop and execute plans for
assistance and benefits to members of the armed forces and veterans who
are residents of this state, and their families, and the creation of
agencies, institutions and facilities therefor.
10. To prepare and submit a report, in consultation with the office of
temporary and disability assistance, department of labor, and office of
children and family services to determine the number of homeless persons
in New York state that are veterans. Such report shall include, but not
be limited to, the following information to the extent it is reasonably
accessible to the department: (a) an analysis of veterans in New York
state who are currently homeless, or have been homeless within five
years of being released from active duty including an analysis of gender
as it relates to homelessness of veterans; (b) data on the number of
children of homeless veterans, including the current placement of such
children; (c) cases of military sexual trauma experienced by homeless
veterans while on active duty or during military training, including a
breakdown of the collected data based upon the gender of the victim; and
(d) the unemployment rate for New York state veterans. The term "chil-
dren of homeless veterans" shall mean a person who is unmarried and who
is under the age of eighteen years, and is the biological or legally
adopted child of a veteran. The report shall be delivered to the gover-
nor, the speaker of the assembly and the temporary president of the
senate by June thirtieth, two thousand twenty and every three years
thereafter. Such report shall be publicly available and posted on the
department of veterans' services website.
11. To develop and encourage plans for the occupational reorientation
of veterans who are residents of this state, including the determination
and certification of civilian equivalents for military experience and
the development and encouragement of on-the-job training and apprentice-
ship training programs. Furthermore, the department shall provide an
internet connection to correlate military occupations and skills into
civilian translations and terms.
12. To provide information regarding resources that are available to
assist veterans in establishing and sustaining a small business by main-
taining a small business portal on the department's internet website.
Such portal shall provide virtual links to appropriate government
programs including, but not limited to the United States Department of
Veterans' Affairs. The department may consult with the New York State
Small Business Development Center and any other appropriate state agen-
cies. The department shall make reference to this information in its
newsletter, at the three seminars sponsored by the department pursuant
to subdivisions five, six, and seven of this section and the annual
report to the governor and the legislature as provided in subdivision
seventeen of this section. Such information required under this subdivi-
sion shall be maintained and updated annually. The information may also
be made available in printed form.
13. To provide information regarding resources that are available to
assist veterans in obtaining employment by maintaining a veterans'
employment portal on the department's internet website. Such portal
shall provide virtual links to appropriate governmental programs on the
federal and state level, including, but not limited to the United States
department of labor and the New York state department of labor. The
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department may consult with members of the community devoted to helping
veterans obtain employment. The department shall make reference to this
information pursuant to subdivisions five, six, and seven of this
section and the annual report to the governor and the legislature as
provided in subdivision seventeen of this section. Such information
required under this subdivision shall be maintained and updated annual-
ly. The information may also be made available in printed form.
14. To adopt, promulgate, amend and rescind suitable rules and regu-
lations to carry out the provisions of this article.
15. To recommend to the legislature and the governor legislative
proposals for the benefit of members of the armed forces and veterans
who are residents of this state, and their families.
16. To exercise and perform such other functions, powers and duties as
may be deemed necessary to protect the interests and promote the welfare
of members of the armed forces and veterans who are residents of this
state, and their families.
17. To render each year to the governor and to the legislature a writ-
ten report of the activities and recommendations of the department.
18. (a) For the purpose of providing for the construction, establish-
ment, expansion, improvement, support, operation, maintenance and the
provision of perpetual care for state veterans' cemeteries, to seek
funding from, and make application for funding to:
(1) the government of the United States, including any agency or
public authority thereof;
(2) the government of the state of New York, including any agency or
public authority thereof;
(3) any political subdivision of the government of the state of New
York, including any agency or public authority thereof; or
(4) any private individual, corporation or foundation;
(b) Pursuant to section twenty-three of this article, to provide for
the construction, establishment, expansion, improvement, support, opera-
tion, maintenance and the provision of perpetual care for state veterans
cemeteries;
(c) To expend moneys from the veterans remembrance and cemetery main-
tenance and operation fund, established pursuant to section ninety-sev-
en-mmmm of the state finance law; and
(d) To evaluate, monitor and otherwise oversee the operation of veter-
ans cemeteries in this state.
19. To make application to the government of the United States or any
political subdivision, agency or instrumentality thereof, for funds for
the purpose of providing an optional fund for the burial of veterans who
(i) were honorably discharged or (ii) had a qualifying condition, as
defined in section one of this article, and received a discharge other
than bad conduct or dishonorable, or (iii) were a discharged LGBT veter-
an, as defined in section one of this article, and received a discharge
other than bad conduct or dishonorable, in any not-for-profit cemetery
corporation in this state; provided, however, that all costs associated
with the establishment of such optional fund shall be borne by the poli-
tical subdivision, agency or instrumentality with which the department
has contracted.
20. To establish, operate and maintain a toll-free telephone number,
under the supervision of the state commissioner, for the purpose of
providing callers thereof with information relating to services provided
by the department as well as services and programs provided to veterans
by other agencies, bureaus and organizations. Such services and programs
shall include, but not be limited to, educational and job benefits,
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tuition assistance programs, survivor benefits, health and mental health
referrals and real property tax exemptions.
21. To establish, operate and maintain a free mobile application,
under the supervision of the state commissioner, for the purposes of
providing veterans and their family members with information, available
on a region-specific basis, relating to services provided by the depart-
ment as well as services and programs provided to veterans by other
state agencies, the federal government, and other organizations. Such
services and programs shall include, but not be limited to educational
and job benefits, tuition assistance programs, survivor benefits, health
and mental health referrals, and real property tax exemptions. The
department's website shall contain a link to the free mobile applica-
tion.
22. To develop, jointly with the commissioner of education, a form by
which the parent or person in parental relation to a designated child
may, should he or she so elect, report to the department that a parent
of such child is a veteran of the armed forces who served in Vietnam
during the Vietnam conflict. This form shall: (i) clearly state that the
parent or person in parental relation is not required to provide the
information requested and that the information will have no bearing upon
the services the child will receive; (ii) state that the information
will be used exclusively for research purposes and explain those
research purposes in plain language; and (iii) provide the address to
which the form is to be mailed, should the parent or person in parental
relation elect to make such report. For the purposes of this subdivi-
sion, the term "designated child" shall mean a child designated by a
school district committee on special education pursuant to section
forty-four hundred two of the education law as either learning disabled
or emotionally disturbed.
23. To process all information received from nursing homes and resi-
dential health care facilities, including assisted living and assisted
living residences as defined in section forty-six hundred fifty-one of
the public health law, and adult care facilities authorized under title
two of article seven of the social services law, indicating veteran or
veteran spouse status. Such processing shall occur by transmitting such
information to state counselors for review and potential linkage to
applicable benefits, including but not limited to federal aid and
attendance and a federal improved pension program. State counselors
shall work with county counselors or any accredited service officers of
an organization chartered by the congress of the United States and/or
recognized by the department of veterans affairs for claim represen-
tation as necessary and where appropriate. Such information shall be
protected as personal confidential information under article six-A of
the public officers law against disclosure of confidential material, and
shall be used only to assist in providing linkage to applicable benefits
and entitlements under federal and state law.
24. To include within the annual report as required by subdivision
seventeen of this section an accounting of the number of forms received
from nursing homes and residential health care facilities, including
assisted living and assisted living residences as defined in section
forty-six hundred fifty-one of the public health law, and adult care
facilities authorized under title two of article seven of the social
services law, and the specific number of veterans and spouses of veter-
ans linked to applicable benefits, including, but not limited to federal
aid and attendance and a federal improved pension program. Such report
shall evaluate the average time taken by the department between receipt
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of such information, transmission to veterans counselors and linkage to
available benefits. Such report shall also evaluate the effectiveness of
the program and make recommendations for improvements as necessary.
25. To encourage the development of and to provide for the establish-
ment of a state women veterans coordinator, as provided in section nine-
teen of this article.
26. To make available information on accident prevention courses
approved by the commissioner of motor vehicles online on the depart-
ment's website. The department shall provide a link to the department of
motor vehicles website pages containing information on the accident
prevention courses.
27. To provide information regarding resources that are available to
assist veterans who experience mental health or substance abuse prob-
lems, and veterans with physical disabilities, by maintaining mental
health, substance abuse and physical disabilities portals on the depart-
ment's internet website. Such portals shall provide virtual links to
appropriate governmental programs on the federal and state levels and
information on suicide prevention, peer outreach and support, and
services that address the special needs of physically disabled veterans.
The department may consult with the office of mental health, the office
of addiction services and supports, the department of health and the
department of labor. The department shall make reference to this infor-
mation provided pursuant to subdivisions five and six of this section
and in the annual report to the governor and the legislature required
pursuant to subdivision seventeen of this section. Such information
required under this subdivision shall be maintained and updated annual-
ly.
28. To include within the annual report as required by subdivision
seventeen of this section an accounting of the number of veteran-owned
small businesses in the state of New York, to be listed by the following
designations: small business concern owned and controlled by veterans as
set forth in 15 U.S.C. section 632(Q)(3), as amended from time to time,
and service disabled veteran-owned business enterprise as set forth in
article three of this chapter. Such listing shall include but not be
limited to the name of the veteran owner or owners of each business,
location of each such business, the type of each such business and when-
ever practicable, be divided into categories of labor, services, equip-
ment, materials and recognized construction trades. The department shall
request this information annually from the U.S. department of veterans
affairs, any other appropriate federal agencies and the department of
service-disabled veterans' business development within the New York
state office of general services.
29. To maintain a fact sheet on the department's webpage containing
(a) contact information for all veterans integrated service networks
located within the state, (b) current contact information for the United
States veterans health administration including VA medical centers and
clinics and (c) contact information for each New York State veterans'
home. The fact sheet shall be entitled, "Information for Veterans
concerning Health Care Options" and shall be updated annually.
30. To maintain a listing on the department's website of the local
veterans' service agencies established pursuant to section fourteen of
this article with the name, location, hours of operation and contact
information of each county and city veterans' service agency. The
department shall also provide this information in its annual report to
the governor and the legislature as required pursuant to subdivision
seventeen of this section. Information under this subdivision shall be
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provided to the department by each local veterans' service agency and
shall be updated annually.
31. To maintain a discharge upgrade advisory board program within the
department to provide written non-binding advisory opinions to veterans
of the state of New York appealing their character of discharge from the
discharge review board or the board for corrections of military records
for their branch of service on the federal level. Individuals may
submit an application with evidence, including all relevant documents,
which shall be reviewed by the discharge upgrade advisory board program
in a timely manner. If such board finds the veteran's application for a
discharge upgrade is meritorious, then the board will provide the veter-
an with a written opinion advocating for the discharge review board or
board for corrections of military or naval records to grant that veter-
an's appeal. The department shall post information on the discharge
upgrade advisory board program on its official webpage. The annual
report required by subdivision seventeen of this section shall contain
information including, but not limited to, the number of cases reviewed,
and the number of cases where a veteran's application was found to be
meritorious.
32. To provide information regarding resources that are available to
assist veterans who experienced military sexual trauma while on active
duty or during military training, by maintaining a military sexual trau-
ma portal on the department's internet website. Such portal shall
provide virtual links to appropriate governmental programs on the feder-
al and state levels. The department may consult with the office of
mental health and the department of health. The department shall make
reference to this information provided pursuant to subdivisions five and
six of this section and in the annual report to the governor and the
legislature required pursuant to subdivision seventeen of this section.
Such information required under this subdivision shall be maintained and
updated annually.
33. To make widely available to the public via, among other things,
publication on the department's website and free mobile application
pursuant to subdivision twenty-one of this section, information regard-
ing the veterans remembrance and cemetery maintenance and operation fund
established pursuant to section ninety-seven-mmmm of the state finance
law.
34. To coordinate outreach efforts that ensure members of the armed
forces and veterans who are residents of this state, and their families,
are made aware of services for veterans from any departments, divisions,
boards, bureaus, commissions or agencies of the state or any political
subdivision of this state.
35. To develop collaborative relationships among state, federal, and
local agencies and private organizations, including but not limited to
the office of mental health, state office for the aging, and office of
addiction services and supports, to help facilitate access to services
by members of the armed forces and veterans who are residents of the
state and their families.
§ 5. Veteran speaker education program. 1. There is hereby established
within the department a veteran speaker education program to be devel-
oped and implemented by the commissioner in consultation with the
commissioner of the New York state military museum and veterans resource
center and in accordance with the provisions of this section. Such
program shall provide school districts within this state with a listing
of available veteran speakers willing to visit classrooms for the
purpose of discussing their military experience.
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2. The department, from its available resources, shall develop an
informational pamphlet to be distributed either by mail or electron-
ically to school districts which provides a general overview of the
program including its purpose and how to participate. The department
shall, in consultation with congressionally chartered veterans organiza-
tions and local veterans services agencies, appoint and create a listing
of veteran speakers coordinators for each county of the state who shall
be listed in the informational pamphlet. The veteran speakers coordina-
tors' duties shall include but not be limited to contacting veterans who
reside in their county including those who have participated in the
veteran's oral history program at the New York state military museum or
the West Point oral history project or the veterans history project of
the American Folklore Center or any similar oral history project with
information about this program and inquiring as to whether such persons
would be willing to participate as speakers or in any other capacity.
The listing shall include the names and contact information for such
veterans including information describing the type of military service
performed by each such person, the time and length of service, geograph-
ic area or areas where such person served and rank. The veteran speak-
ers coordinators shall annually update such information regarding the
availability of such veterans.
3. No teacher or veteran shall be required to participate in this
program. Any teacher who wishes to supplement his or her classroom
instruction concerning a particular era in American military history may
contact a participating veteran personally to request that such person
visit a classroom to discuss his or her military experience. A teacher
shall be responsible for ascertaining the appropriateness of any
proposed speaker based upon the age of the children and the intended
subject matter. Nothing in this section shall be intended to supersede
any particular or general school rules or regulations or other laws
relating to curriculum.
4. The department shall require a certified copy of the veteran's
discharge papers to participate in the veteran speaker program. Such
form shall be filed with the department to serve as evidence that such
person is a veteran who served in the United States military honorably.
5. The department shall implement a procedure for evaluations of each
speaker to be completed by teachers and students, and maintain such
evaluations and make them available upon request to other teachers who
plan to participate.
6. The department may consult with other veterans organizations and
any branch of the U.S. military in the development of this program.
§ 6. Cooperation and facilities of other departments. To effectuate
the purposes of this article, the governor may direct any department,
division, board, bureau, commission or agency of the state, or of any
political subdivision thereof, to cooperate with and assist and advise
the department in the performance of its duties and functions, and to
provide such facilities, including personnel, materials and other
assistance and data as will enable the department or any of its agencies
to properly carry out its activities and effectuate its purposes under
this article.
§ 7. Information on status of veterans receiving assistance. Depart-
ments, divisions, bureaus, boards, commissions and agencies of the state
and political subdivisions thereof, which provide assistance, treatment,
counseling, care, supervision or custody in service areas involving
health, mental health, family services, criminal justice or employment,
including but not limited to the office of addiction services and
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supports, office of mental health, office of probation and correctional
alternatives, office of children and family services, office of tempo-
rary and disability assistance, department of health, department of
labor, local workforce investment boards, office for people with devel-
opmental disabilities, and department of corrections and community
supervision, shall request assisted persons to provide information with
regard to their veteran status and military experiences. Individuals
identifying themselves as veterans shall be advised that the department
of veterans' services and local veterans' service agencies established
pursuant to section fourteen of this article provide assistance to
veterans regarding benefits under federal and state law. Information
regarding veterans status and military service provided by assisted
persons solely to implement this section shall be protected as personal
confidential information under article six-A of the public officers law
against disclosure of confidential material, and used only to assist in
the diagnosis, treatment, assessment and handling of the veteran's prob-
lems within the agency requesting such information and in referring the
veteran to the department of veterans' services for information and
assistance with regard to benefits and entitlements under federal and
state law.
§ 8. New York state supplemental burial allowance for members of the
armed forces of the United States killed in combat or duty subject to
hostile fire or imminent danger, as defined in 37 USC § 310. 1. As used
in this section, "parent" means a father, a mother, a father through
adoption, a mother through adoption, or an individual who, for a period
of not less than one year, at any time before the decedent's entry into
active military service stood in the relationship of a parent to a dece-
dent who died in combat or duty subject to hostile fire or imminent
danger, as defined in 37 USC § 310, or who died from a wound incurred in
combat or while serving on duty subject to hostile fire or imminent
danger, as defined in 37 USC § 310 or, if two persons stood in the
relationship of a parent for one year or more, the person who bore the
expenses of the funeral of the decedent.
2. As used in this section, (a) "wound" means a physical injury to a
servicemember on active duty caused by (i) a bullet, shrapnel, or other
projectile; (ii) a mine or trap; (iii) an explosion; (iv) a vehicle or
aircraft accident not caused by the servicemember's willful misconduct;
or (v) any other action caused or induced by the enemy directly result-
ing in physical harm to the servicemember.
(b) "burial receptacle" means (i) a casket, which shall mean a rigid
container that is designed for the encasement of human remains and
customarily ornamented and lined with fabric, (ii) an urn, which shall
mean a container of wood, metal, pottery, or other material designed for
the storage of cremated human remains, and/or (iii) an outer burial
receptacle, which shall mean a graveliner, burial vault, or other simi-
lar type of container for the placement of a casket or urn.
3. There is hereby established within the department a New York state
supplemental burial allowance for any member of the armed forces of the
United States who: (a) died in combat or duty subject to hostile fire or
imminent danger, as defined in 37 USC § 310 or died from a wound
incurred in combat or while serving on duty subject to hostile fire or
imminent danger, as defined in 37 USC § 310, other than the exceptions
noted in paragraphs (d), (e) and (f) of subdivision four of this
section, and (b) who was (i) a resident of New York state at the time of
his or her death or (ii) a nonresident of New York state at the time of
his or her death and a member of the New York Army National Guard or New
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York Air National Guard at the time he or she entered title 10, United
States Code, federal active duty status during which period of service
he or she died.
4. (a) The purpose of the program is to administer and monitor a
supplemental allowance program to aid families of military personnel who
died in combat or duty subject to hostile fire or imminent danger, as
defined in 37 USC § 310, or died from a wound incurred in combat or duty
subject to hostile fire or imminent danger, as defined in 37 USC § 310,
with respect to expenses incurred in connection with the decedent's
funeral and the burial, burial receptacle, cremation, or other interment
of the decedent's remains.
(b) Eligible recipients under this program shall be those who bore the
cost of the decedent's funeral and burial, burial receptacle, cremation,
or other interment, in the following order of priority: (i) a surviving
spouse or domestic partner of the decedent; (ii) adult children of the
decedent, to include step-children and adopted children; (iii) parents
or grandparents of the decedent, and parents-in-law or grandparents-in-
law of the decedent; (iv) brothers or sisters of the decedent, to
include brothers or sisters adopted by the decedent's immediate family
and brothers or sisters with whom the decedent shares only one parent in
common, and brothers-in-law or sisters-in-law of the decedent; (v)
aunts, uncles, and first cousins of the decedent; and (vi) any other
relative. Any applicant convicted of making any false statement in the
application for the reimbursement shall be subject to the penalties
prescribed in the penal law.
(c) Such burial allowance is a partial reimbursement of an eligible
decedent's funeral and burial, burial receptacle, cremation or other
interment costs. The reimbursement is generally applicable to two compo-
nents: (i) funeral expenses, and (ii) expenses arising from the burial,
burial receptacle, cremation, or other interment of the decedent's
remains. Any allowance granted by the government of the United States,
pursuant to 38 U.S.C. §§2301, 2302, 2303, 2306, 2307 and 2308 or 10
U.S.C. § 1482, or by the decedent's state of residence in the case of an
allowance eligible pursuant to subparagraph (ii) of paragraph (b) of
subdivision three of this section, shall be first applied toward funeral
and burial, burial receptacle, cremation or other interment costs. The
state may award an allowance of up to six thousand dollars to cover any
remaining expenses.
(d) The state shall not award any funds from this allowance to reim-
burse any costs for the headstone, grave marker, or medallion of the
decedent.
(e) The state shall not grant supplemental burial allowance payments
for the funeral or the burial, burial receptacle, cremation, or other
interment of remains of any decedent whose relations received any
reimbursement from this allowance for any previous funeral or burial,
burial receptacle, cremation, or other interment of remains for this
same decedent.
(f) The state shall not grant supplemental burial allowance payments
for any person filing a completed application for such allowance with
the state later than: (i) two years after the applicant received final
written notice from the United States Department of Veterans Affairs
regarding an application for reimbursement of funeral or burial, burial
receptacle, cremation or other interment expenses pursuant to 38 U.S.C.
§§2301, 2302, 2303, 2306, 2307, or 2308, or 10 U.S.C. § 1482, or any
combination thereof; or (ii) two years after the expiration date of the
filing deadline to apply for reimbursement of funeral, burial, burial
S. 7526 13
receptacle, cremation or other interment expenses from the United States
Department of Veterans Affairs, as defined in 38 U.S.C. § 2304, if the
applicant never applied for reimbursement of funeral, burial, burial
receptacle, cremation or interment expenses from the United States
Department of Veterans Affairs. Any applications received subsequent to
these prescribed periods shall be denied as time-barred.
(g) Applicants shall furnish evidence of the decedent's military
service and relevant after action reports or other documents explaining
why the application meets eligibility requirements for each case in the
manner and form prescribed by the state commissioner or his or her
designee. Upon being satisfied that the facts in the application are
true, the state commissioner or his or her designee shall certify to the
state comptroller the name and address of such recipient. The decision
of the state commissioner or his or her designee on all matters regard-
ing any payment from this allowance shall be final.
(h) The state commissioner shall submit a report to the governor, the
chairperson of the senate finance committee, and the chairperson of the
assembly ways and means committee not later than January fifteenth of
each year in which this section is in effect. Such report shall include,
but not be limited to, regulations promulgated pursuant to this section,
allowances paid, and an account of the monies spent and the relationship
of the distributees to the decedent.
§ 9. New York state veteran burial fund. 1. As used in this section,
"agent in control of the disposition of remains" means the person
responsible or designated to control the disposition of a deceased
veteran's remains as defined and outlined in section forty-two hundred
one of the public health law. The term "interment" means the disposition
of remains as defined in paragraph (g) of section fifteen hundred two of
the not-for-profit corporation law. The term "burial" shall include the
process as defined in paragraph (e) of section fifteen hundred two of
the not-for-profit corporation law.
2. As provided in subdivision nineteen of section four of this arti-
cle, there is hereby established within the department a New York state
veterans burial fund for honorably discharged members of the armed forc-
es of the United States who were residents of New York state at the time
of his or her death who (i) were honorably discharged from such service,
or (ii) had a qualifying condition, as defined in section one of this
article, and received a discharge other than bad conduct or dishonorable
from such service, or (iii) were discharged LGBT veterans, as defined in
section one of this article, and received a discharge other than bad
conduct or dishonorable from such service.
(a) Eligible recipients under this program shall be those who bore the
cost of the funeral as the agent in control of the disposition of
remains. An application shall be made available to an eligible recipi-
ent. Any applicant convicted of making any false statement in the appli-
cation for the reimbursement shall be subject to the penalties
prescribed in the penal law.
(b) Such optional burial allowance is a reimbursement of an eligible
decedent's burial and interment costs not to exceed two thousand five
hundred dollars in a New York state not-for-profit cemetery. The
reimbursement is generally available as a plot interment allowance. Any
allowance granted by the government of the United States, pursuant to 38
U.S.C. §§ 2302, 2303, 2306, 2307 and 2308 or 10 U.S.C. § 1482 shall be
first applied toward interment costs. An additional allowance of up to
the cost of the actual burial and interment as provided under subdivi-
S. 7526 14
sion nineteen of section four of this article may be awarded to cover
any remaining expenses.
(c) Evidence of the military service of the decedent for each case
shall be furnished in the manner and form prescribed by the state direc-
tor; upon being satisfied that the facts in the application are true,
the state commissioner shall certify to the state comptroller the name
and address of such agent in control of the disposition of remains for
reimbursement as provided in this section.
§ 10. Time within which marriage may be solemnized; member of the
armed forces. Notwithstanding section thirteen-b of the domestic
relations law, where either of the parties making application for a
marriage license, pursuant to section thirteen of the domestic relations
law, is a member of the armed forces of the United States on active duty
the marriage of the parties shall not be solemnized within twenty-four
hours after the issuance of the marriage license, nor shall it be solem-
nized after one hundred eighty days from the date of the issuance of the
marriage license. Proof that the applicant is a member of the armed
forces of the United States shall be furnished to the satisfaction of
the official issuing the marriage license. Every license to marry issued
pursuant to the provisions of this section shall state the day and hour
the license is issued and shall contain a recital that it is issued
pursuant to the provisions of this section.
§ 11. Use of personal confidential information obtained from veterans
or family members of veterans receiving services from the state and
political subdivisions thereof. 1. Departments, divisions, bureaus,
boards, commissions and agencies of the state and political subdivisions
thereof, which provide assistance, treatment, counseling, care, super-
vision or custody in service areas involving health, mental health,
family services, criminal justice or employment shall be required to
solicit information on whether their customer or client is a veteran as
defined in section eighty-five of the civil service law or family member
of a veteran. Any new forms created after the effective date of this
section shall contain the following questions: "Have you served in the
United States Armed Forces?" "Has someone in your family served in the
United States military?"
2. Individuals identifying themselves as having served in the military
or a family member shall be advised that the department of veterans'
services and local veterans service agencies established pursuant to
section seventeen of this article provide assistance to veterans regard-
ing benefits under federal and state law. Information regarding veterans
and military status provided by assisted persons solely to implement
this section shall be protected as personal confidential material, and
used only to assist in the diagnosis, treatment, assessment and handling
of the veteran's or family member's problems within the agency request-
ing such information and in referring the veteran or family member to
the department of veterans' services for the information and assistance
with regard to benefits and entitlements under federal and state law.
§ 12. Acceptance of gifts. The department with the approval of the
governor, may accept any gift or grant for any of the purposes of this
article. Any moneys so received may be expended by the department to
effectuate any of the purposes of this article, subject to the same
limitations as to authorization, audit and approval as are prescribed
for state moneys appropriated for the purposes of this article.
§ 13. State veterans' service agency. 1. A state veterans' service
agency established by the department pursuant to this article shall have
power and it shall be its duty to inform military and naval authorities
S. 7526 15
of the United States and assist members of the armed forces and veter-
ans, who are residents of this state, and their families, in relation to
(1) matters pertaining to educational training and retraining services
and facilities, (2) health, medical and rehabilitation services and
facilities, (3) provisions of federal, state and local laws and regu-
lations affording special rights and privileges to members of the armed
forces and war veterans and their families, (4) employment and re-em-
ployment services, and (5) other matters of similar, related or appro-
priate nature. The state veterans' service agency also shall perform
such other duties as may be assigned by the state commissioner.
2. The state commissioner may, with the approval of the governor,
appoint and remove a director of the state veterans' service agency. The
state commissioner may from time to time establish, alter or abolish
state veterans' service agency districts within the state, establish or
abolish offices therefor, and appoint and at pleasure remove a deputy
director of the state veterans' service agency for each such district
office. With the approval of the state commissioner, the director of the
veterans' service agency may appoint such officers, consultants, clerks
and other employees as may be necessary to administer the functions of
the state veterans' service agency, fix their compensation within the
limitation provided by law, and prescribe their duties.
§ 14. Local veterans' service agencies. 1. County veterans' service
agencies. There shall be established a county veterans' service agency
in each county not wholly included within a city, and there shall be a
county director of each county veterans' service agency. Any county
director hired after the effective date of this chapter shall be a
veteran as defined in New York state statute. The chair of the board of
supervisors of a county, with the approval of the board of supervisors,
shall appoint and may at pleasure remove a county director of the county
veterans' service agency for such county. In a county having a county
president, a county executive or other chief executive officer, such
president or executive officer shall appoint and may at pleasure remove
a county director. The county director may be paid such compensation as
shall be fixed by the appointing officer and the board of supervisors.
The county director shall appoint such assistants and employees as he or
she may deem necessary, other than those, if any, supplied by the state;
he or she may prescribe the duties of those appointed by him or her and
fix their salaries within the appropriations made available for that
purpose by the county and may at pleasure remove any such assistants or
employees. The county director shall have jurisdiction throughout the
territorial limits of the county, including any city therein which does
not have a city veterans' service agency, provided that after the estab-
lishment of a city veterans' service agency in any such city, the county
director shall not have jurisdiction within such city.
2. City veterans' service agency. There may be established a city
veterans' service agency in each city; and there shall be a city direc-
tor of each city veterans' service agency which is established. The
mayor of such city, or the city manager in a city of less than one
hundred forty thousand population having a city manager, shall appoint
and may at pleasure remove the city director. A city director may be
paid such compensation as shall be fixed by the mayor or city manager,
as the case may be, empowered to appoint the city director, and the
governing body of the city. The city director may appoint such deputies,
assistants and employees as he or she may deem necessary other than
those, if any, supplied by the state; the director may prescribe the
duties of those appointed by him or her and fix their salaries within
S. 7526 16
the appropriations made available for that purpose by the city and may
at pleasure remove any such assistant or employee. A city director
shall have jurisdiction throughout the territorial limits of the city.
3. Accreditation. (a) Current county or city directors within three
years from the effective date of this subdivision shall take all steps
necessary to be accredited as a veterans service organization (VSO)
representative. Accreditation shall mean the authority granted by the
United States Department of Veterans Affairs to assist veterans and
their family members in the preparation, presentation, and prosecution
of claims for benefits pursuant to section 5902 of Title 38 U.S.C. and
section 14.628 of Title 38 Code of Federal Regulations. Once an appli-
cation for accreditation is approved by the General Counsel of the
United States Department of Veterans Affairs and the applicant is noti-
fied of this action, the director of the county or city veterans service
agency shall file a copy of the accreditation certificate from the
appropriate veterans service organization with the commissioner of the
department. Such accreditation shall be maintained during the duration
of his or her status as a commissioner of such county or city veterans
service agency. The commissioner of the department may determine that
satisfactory completion of a course or instruction on veterans' benefits
approved by the United States Department of Veterans Affairs and
conducted by the department may fulfill the requirements of this subdi-
vision.
(b) Any county or city director hired after the effective date of this
chapter shall take all steps necessary to be accredited as a veterans
service organization (VSO) representative within eighteen months of such
appointment. Accreditation shall mean the authority granted by the
United States Department of Veterans Affairs to assist veterans and
their family members in the preparation, presentation, and prosecution
of claims for benefits pursuant to section 5902 of Title 38 U.S.C. and
section 14.628 of Title 38 Code of Federal Regulations. Once an appli-
cation for accreditation is approved by the General Counsel of the
United States Department of Veterans Affairs and the applicant is noti-
fied of this action, the director of the county or city veterans service
agency shall file a copy of the accreditation certificate from the
appropriate veterans service organization with the commissioner of the
department. Such accreditation shall be maintained during the duration
of his or her status as a director of such county or city veterans
service agency. The commissioner of the department may determine that a
satisfactory completion of a course of instruction on veterans' benefits
approved by the United States Department of Veterans Affairs and
conducted by the department may fulfill the requirements of this subdi-
vision.
(c) During the time a director is working toward accreditation pursu-
ant to paragraphs (a) and (b) of this subdivision, such individual may
provide services to veterans and their family members as defined in
section fifteen of this article other than the preparation, presenta-
tion, and prosecution of claims for benefits under federal statutes and
regulations.
§ 15. Powers and duties of local veterans' service agencies. 1. A
local veterans' service agency shall have power under the direction of
the state veterans' service agency, and it shall be its duty to inform
military and naval authorities of the United States and assist members
of the armed forces and veterans, who are residents of this state, and
their families, in relation to (1) matters pertaining to educational
training and retraining services and facilities, (2) health, medical and
S. 7526 17
rehabilitation services and facilities, (3) provisions of federal, state
and local laws and regulations affording special rights and privileges
to members of the armed forces and war veterans and their families, (4)
employment and re-employment services, (5) the process of submitting an
application for a discharge upgrade to the discharge upgrade advisory
board, and (6) other matters of similar, related or appropriate nature.
The local veterans' service agency may also assist families of members
of the reserve components of the armed forces and the organized militia
ordered into active duty to ensure that they are made aware of and are
receiving all appropriate support available to them and are placed in
contact with the agencies responsible for such support, including, but
not limited to, the division of military and naval affairs and other
state agencies responsible for providing such support. The local veter-
ans' service agency also shall perform such other duties as may be
assigned by the state commissioner.
2. A local veterans' service agency shall utilize, so far as possible,
the services and facilities of existing officers, offices, departments,
commissions, boards, bureaus, institutions and other agencies of the
state and of the political subdivisions thereof and all such officers
and agencies shall cooperate with and extend such services and facili-
ties to the local veterans' service agency as it may require.
§ 16. Location and cost of local veterans' service agencies; deputy
local directors. 1. A local director shall designate the location of the
local and branch offices of the local veterans' service agency within
his or her jurisdiction, which offices shall be open during convenient
hours. The cost of maintenance and operation of a county veterans'
service agency shall be a county charge and the cost of maintenance and
operation of a city veterans' service agency shall be a city charge,
excepting that the state commissioner with the approval of the veterans'
services commission shall allot and pay, from state moneys made avail-
able to him or her for such purposes, to each county veterans' service
agency and each city veterans' service agency, an amount equal to fifty
per centum of its expenditures for maintenance and operation approved by
the state commissioner, provided that in no event shall the amount
allotted and paid for such approved expenditures incurred in any given
year exceed (1) in the case of any county veterans' service agency in a
county having a population of not more than one hundred thousand or in
the case of any city veterans' service agency in a city having a popu-
lation of not more than one hundred thousand, the sum of ten thousand
dollars, nor (2) in the case of any county veterans' service agency in a
county having a population in excess of one hundred thousand excluding
the population of any city therein which has a city veterans' service
agency, the sum of ten thousand dollars, and, in addition thereto, the
sum of five thousand dollars for each one hundred thousand, or major
portion thereof, of the population of the county in excess of one
hundred thousand excluding the population of any city therein which has
a city veterans' service agency, nor (3) in the case of any city veter-
ans' service agency in a city having a population in excess of one
hundred thousand, the sum of ten thousand dollars, and, in addition
thereto, the sum of five thousand dollars for each one hundred thousand,
or major portion thereof, of the population of the city in excess of one
hundred thousand. Such population shall be certified in the same manner
as provided by section fifty-four of the state finance law.
2. The head of a branch office of a local veterans' service agency
shall be a deputy local director of the local veterans' service agency
who shall be appointed by the local director of the county or city in
S. 7526 18
which the branch office is located with the approval of the governing
body which makes the appropriation for the maintenance of such branch
office; provided, however, that the head of a branch office of a local
veterans' service agency which operates in and for two or more adjoining
towns or adjoining villages in the same county, and hereinafter in this
article referred to as a consolidated branch office, shall be appointed
by the local director of the county in which the branch office is
located with the approval of the governing body of each town or village
which makes an appropriation for or toward the maintenance of such
branch office, and any town or village is authorized to enter into an
agreement with an adjoining town or an adjoining village in the same
county, respectively, or with two or more respective adjoining towns or
villages in the same county, providing for their joint undertaking to
appropriate and make available moneys for or toward the maintenance of
such a consolidated branch office.
§ 17. Local veterans' service committees. The same authority which
appoints a local director shall appoint for each county and city veter-
ans' service agency a veterans' service committee to assist the local
director and shall appoint a chair thereof. Similar committees may be
appointed in each village and town where there is a deputy local direc-
tor by the mayor of such village and the supervisor of such town in
which the branch office of the deputy local director is located or in
which it operates. A similar committee may also be appointed in any city
in and for which there is not established a separate city veterans'
service agency, and in and for which there is a deputy local director
and a branch office of the county veterans' service agency; and such
appointment in any case shall be made by the city official authorized to
appoint a city director in the case of a separate city veterans' service
agency.
§ 18. Appropriations for expenses and activities of local veterans'
service agencies. Each county and each city of the state in which is
established a county veterans' service agency or a city veterans'
service agency, as the case may be, is hereby authorized to appropriate
and make available to the veterans' service agency of such respective
county or city, such sums of money as it may deem necessary to defray
the expenses and activities of such agency, and the expenses and activ-
ities of such agencies are hereby declared to be proper county and city
purposes for which the moneys of the county or city may be expended.
Each city in and for which there is not established a separate city
veterans' service agency, and each village and town of the state is
hereby authorized to appropriate and make available to the deputy local
director heading the branch office in and for such city, village or
town, if any, of the county veterans' service agency having jurisdiction
within such city, village or town, such sums of money as it may deem
necessary to defray the salary, expenses and activities of the deputy
local director heading such branch office in and for such city, village
or town and his or her office, including the salaries of persons
employed in such office, and such salaries, expenses and activities are
hereby declared to be proper city, village and town purposes for which
the moneys of such cities, villages and towns may be expended. Each
village and town is also authorized to appropriate and make available to
the deputy local director heading the consolidated branch office, if
any, for such village or town and any adjoining village or villages, or
town or towns, as the case may be, of the county veterans' service agen-
cy having jurisdiction within such village or town, such sums of money
as it may determine to defray in part the salary, expenses and activ-
S. 7526 19
ities of the deputy local director heading such consolidated branch
office for such village or town and any adjoining village or villages or
town or towns, as the case may be, including the salaries of persons
employed in such consolidated branch office, and such salaries, expenses
and activities are hereby declared to be proper village and town
purposes for which the moneys of such villages and towns may be
expended.
§ 19. Women veterans coordinator. 1. Definitions. (a) "Veteran" shall
have the same meaning as provided in subdivision one of section twenty-
two of this article.
(b) "Department" shall mean the state department of veterans'
services.
(c) "Women veterans coordinator" shall be a veteran.
2. Such women veterans coordinator shall be appointed by the commis-
sioner.
3. Establishment of women veterans coordinator. There is hereby estab-
lished within the department, a "women veterans coordinator" who shall
work under the direction of the commissioner and whose duties shall
include, but not be limited to, the:
(a) identification, development, planning, organization and coordi-
nation of all statewide programs and services to meet the needs of women
veterans;
(b) recommendation to the commissioner to ensure compliance with all
existing department policies and regulations pertaining to the needs of
women veterans on the state and federal level and make recommendations
regarding the improvement of benefits and services to women veterans;
(c) liaison between the department, the United States Department of
Veterans Affairs center for women veterans, the United States Department
of Veterans Affairs Advisory Committee on Women Veterans, state veterans
nursing homes, state agencies, community groups, advocates and other
veterans and military organizations and interested parties;
(d) advocating for all women veterans in the state;
(e) development and maintenance of a clearinghouse for information and
resources for women veterans;
(f) promote events and activities that recognize, educate and honor
women veterans, including but not limited to seminars required under
subdivision six of section four of this article, veteran human rights
conferences, veterans benefits and resources events, and veterans
cultural competence training;
(g) inclusion of the contributions women veterans have made on behalf
of the United States and this state on the department's official
website; and
(h) preparation of reports on topics including, but not limited to,
the demographics of women veterans, the number of women veterans listed
by county, and the unique needs of the women veterans population, to the
extent such information is available, to the commissioner on the status
of women veterans within New York state.
4. Reports. The women veterans coordinator shall submit a report to
the commissioner each year after the effective date of this section.
Such report shall include, but not be limited to, a description of the
women veterans coordinator's activities for the calendar year and the
programs developed pursuant to the provisions of this section. The
commissioner shall submit the report or a synopsis of the report to the
governor in accordance with the provisions of section four of this arti-
cle.
S. 7526 20
§ 20. Creation of annuity. 1. Payment to veterans. a. Any veteran as
defined in this article who has been or is hereafter classified by the
New York State commission for the visually handicapped as a blind person
as defined in section three of chapter four hundred fifteen of the laws
of nineteen hundred thirteen, as amended, and continues to be a blind
person within the meaning of that section, shall, upon application to
the commissioner of the department of veterans' services, be paid out of
the treasury of the state for such term as such veteran shall be enti-
tled thereto under the provisions of this article, the sum of one thou-
sand dollars annually, plus any applicable annual adjustment, as
provided in this section.
b. The entitlement of any veteran to receive the annuity herein
provided shall terminate upon his or her ceasing to continue to be a
resident of and domiciled in the state, but such entitlement may be
reinstated upon application to the commissioner of veterans' services,
if such veteran shall thereafter resume his or her residence and domi-
cile in the state.
c. The effective date of an award of the annuity to a veteran shall be
the date of receipt of the application therefor by the commissioner of
veterans' services, except that if the application is denied but is
granted at a later date upon an application for reconsideration based
upon new evidence, the effective date of the award of the annuity to a
veteran shall be the date of receipt of the application for reconsider-
ation by the commissioner of veterans' services.
2. Payment to widows and widowers of blind veterans. a. The unremar-
ried spouse of a veteran who heretofore has died or the unremarried
spouse of a veteran dying hereafter, such veteran being at the time of
her or his death a recipient of, or eligible for, the benefits above
provided, shall, upon application to the commissioner of veterans'
services, also be paid out of the treasury of the state the sum of one
thousand dollars annually, plus any applicable annual adjustment, for
such term as such unremarried spouse shall be entitled thereto under the
provisions of this article.
b. The entitlement of any widow or widower to receive the annuity
herein provided shall terminate upon her or his death or re-marriage or
upon her or his ceasing to continue to be a resident of and domiciled in
the state of New York, but such entitlement may be reinstated upon
application to the commissioner of veterans' services, if such widow or
widower shall thereafter resume her or his residence and domicile in the
state.
c. The effective date of an award of the annuity to a widow or widower
shall be the day after the date of death of the veteran if the applica-
tion therefor is received within one year from such date of death. If
the application is received after the expiration of the first year
following the date of the death of the veteran, the effective date of an
award of the annuity to a widow or widower shall be the date of receipt
of the application by the commissioner of veterans' services. If an
application is denied but is granted at a later date upon an application
for reconsideration based upon new evidence, the effective date of the
award of the annuity to a widow or widower shall be the date of receipt
of the application for reconsideration by the commissioner of veterans'
services.
3. Annual adjustment. Commencing in the year two thousand five, and
for each year thereafter, the amount of any annuity payable under this
section shall be the same amount as the annuity payable in the preceding
year plus a percentage adjustment equal to the annual percentage
S. 7526 21
increase, if any, for compensation and pension benefits administered by
the United States Department of Veterans' Affairs in the previous year.
Such percentage increase shall be rounded up to the next highest one-
tenth of one percent and shall not be less than one percent nor more
than four percent. Commencing in the year two thousand five, the direc-
tor of veterans' services, not later than February first of each year,
shall publish by any reasonable means the amount of the annuity as
adjusted payable under this section.
§ 21. Evidence of entitlement. 1. The evidence of such service, blind-
ness, residence and domicile, or of such marriage, widowhood, residence
and domicile in each case shall be furnished in the manner and form
prescribed by the commissioner of veterans' services who shall examine
the same.
2. Upon being satisfied that such service was performed, that other
facts and statements in the application of such veteran or widow or
widower are true and that the said veteran has been classified by the
New York state commission for the visually handicapped as a blind
person, where such veteran is not receiving or not entitled to receive a
benefit from any existing retirement system to which the state is a
contributor, unless such veteran shall have become disabled by reason of
loss of sight, while engaged in employment entitling him or her to
receive a benefit from any existing retirement system to which the state
is a contributor, and as a result of such disability has retired from
such employment and is receiving or is entitled to receive a benefit
from such retirement system the commissioner of veterans' services shall
certify to the state comptroller the name and address of such veteran or
widow or widower.
3. Thereafter the department of taxation and finance, through the
division of finance, on the audit and warrant of the comptroller, shall
pay such veteran or widow or widower such sum as is authorized by the
provisions of this article in monthly installments for so long as such
veteran or widow or widower shall meet the requirements of this article.
§ 22. Persons who may receive annuity. 1. a. The word "veteran," as
used in this article shall be taken to mean and include any person who
is a resident of the state of New York, and who (i) has been or may be
given an honorable, general or ordinary discharge or any other form of
release from such service, except a dishonorable discharge, a bad
conduct discharge, an undesirable discharge, a discharge without honor
or a discharge for the good of the service, or (ii) has a qualifying
condition, as defined in section one of this article, and has received a
discharge other than bad conduct or dishonorable from such service, or
(iii) is a discharged LGBT veteran, as defined in section one of this
article, and has received a discharge other than bad conduct or
dishonorable from such service, and who (iv) was a recipient of the
armed forces expeditionary medal, the navy expeditionary medal or the
marine corps expeditionary medal for participation in operations in
Lebanon from June first, nineteen hundred eighty-three to December
first, nineteen hundred eighty-seven, in Grenada from October twenty-
third, nineteen hundred eighty-three to November twenty-first, nineteen
hundred eighty-three, or in Panama from December twentieth, nineteen
hundred eighty-nine to January thirty-first, nineteen hundred ninety, or
(v) served on active duty for ninety days or more in the armed forces of
the United States during any one of the following wars or hostilities:
(1) in the Spanish-American war from the twenty-first day of April,
eighteen hundred ninety-eight to the eleventh day of April, eighteen
hundred ninety-nine, inclusive;
S. 7526 22
(2) in the Philippine insurrection or the China relief expedition from
the eleventh day of April, eighteen hundred ninety-nine to the fourth
day of July, nineteen hundred two, inclusive;
(3) in the Mexican border campaign from the ninth day of May, nineteen
hundred sixteen, to the fifth day of April, nineteen hundred seventeen,
inclusive;
(4) in World War I from the sixth day of April, nineteen hundred
seventeen to the eleventh day of November, nineteen hundred eighteen,
inclusive;
(5) in World War II from the seventh day of December, nineteen hundred
forty-one to the thirty-first day of December, nineteen hundred forty-
six, inclusive, or who was employed by the War Shipping Administration
or Office of Defense Transportation or their agents as a merchant seaman
documented by the United States Coast Guard or Department of Commerce,
or as a civil servant employed by the United States Army Transport
Service (later redesignated as the United States Army Transportation
Corps, Water Division) or the Naval Transportation Service; and who
served satisfactorily as a crew member during the period of armed
conflict, December seventh, nineteen hundred forty-one, to August
fifteenth, nineteen hundred forty-five, aboard merchant vessels in
oceangoing, i.e., foreign, intercoastal, or coastwise service as such
terms are defined under federal law (46 USCA 10301 & 10501) and further
to include "near foreign" voyages between the United States and Canada,
Mexico, or the West Indies via ocean routes, or public vessels in ocean-
going service or foreign waters and who has received a Certificate of
Release or Discharge from Active Duty and a discharge certificate, or an
Honorable Service Certificate/Report of Casualty, from the Department of
Defense, or who served as a United States civilian employed by the Amer-
ican Field Service and served overseas under United States Armies and
United States Army Groups in World War II during the period of armed
conflict, December seventh, nineteen hundred forty-one through May
eighth, nineteen hundred forty-five, and who (i) was discharged or
released therefrom under honorable conditions, or (ii) has a qualifying
condition, as defined in section one of this article, and has received a
discharge other than bad conduct or dishonorable from such service, or
(iii) is a discharged LGBT veteran, as defined in section one of this
article, and has received a discharge other than bad conduct or
dishonorable from such service, or who served as a United States civil-
ian Flight Crew and Aviation Ground Support Employee of Pan American
World Airways or one of its subsidiaries or its affiliates and served
overseas as a result of Pan American's contract with Air Transport
Command or Naval Air Transport Service during the period of armed
conflict, December fourteenth, nineteen hundred forty-one through August
fourteenth, nineteen hundred forty-five, and who (iv) was discharged or
released therefrom under honorable conditions, or (v) has a qualifying
condition, as defined in section one of this article, and has received a
discharge other than bad conduct or dishonorable from such service, or
(vi) is a discharged LGBT veteran, as defined in section one of this
article, and has received a discharge other than bad conduct or
dishonorable from such service;
(6) in the Korean hostilities from the twenty-seventh day of June,
nineteen hundred fifty to the thirty-first day of January, nineteen
hundred fifty-five, inclusive;
(7) in the Vietnam conflict from the twenty-eighth day of February,
nineteen hundred sixty-one to the seventh day of May, nineteen hundred
seventy-five;
S. 7526 23
(8) in the Persian Gulf conflict from the second day of August, nine-
teen hundred ninety to the end of such conflict.
b. The word "veteran" shall also mean any person who meets the other
requirements of paragraph a of this subdivision, who served on active
duty for less than ninety days, if he or she was discharged or released
from such service for a service-connected disability or who served for a
period of ninety consecutive days or more and such period began or ended
during any war or period of hostilities as defined in paragraph a of
this subdivision.
c. The term "active duty" as used in this article shall mean full time
duty in the armed forces, other than active duty for training; provided,
however, that "active duty" shall also include any period of active duty
for training during which the individual concerned was disabled or died
from a disease or injury incurred or aggravated during such period.
2. No annuity shall be paid under this article to or for a person who
is in prison in a federal, state or local penal institution as a result
of conviction of a felony or misdemeanor for any part of the period
beginning sixty-one days after his or her imprisonment begins and ending
when his or her imprisonment ends.
3. Where any veteran is disqualified for the annuity for any period
solely by reason of the provisions of subdivision two of this section,
the commissioner of veterans' services shall pay to his or her spouse,
if any, the annuity which such veteran would receive for that period but
for said subdivision two.
4. In case an unmarried, divorced or widowed veteran or a widow of a
deceased annuitant is being furnished hospital treatment, institutional
or domiciliary care by the United States or the state, the annuity paya-
ble under this article to such veteran or widow or widower may be
discontinued after the first day of the seventh calendar month following
the month of admission of such veteran or widow for treatment or care.
Payment of such annuity shall be resumed if such veteran or widow or
widower is discharged from the hospital, institution or home, or if his
or her treatment or care therein is otherwise terminated.
5. Where payment of the annuity as hereinbefore authorized is to be
made to a mentally incompetent person or a conservatee, such payment may
be authorized by the commissioner of veterans' services of the state to
be paid only to a duly qualified court-appointed committee or conserva-
tor, legally vested with the care of such incompetent's person or prop-
erty or of such conservatee's property, except that in the case of an
incompetent annuitant for whom a committee has not been appointed or a
person under a substantial impairment for whom a conservator has not
been appointed and who is hospitalized in a United States veterans
health administration hospital or in a hospital under the jurisdiction
of the state of New York, the commissioner of veterans' services of the
state may in his or her discretion certify payment of the annuity, as
hereinbefore authorized, to the manager of such United States veterans
health administration hospital or to the commissioner of such state
hospital for the account of the said incompetent or substantially
impaired annuitant.
§ 23. New York state veterans' cemeteries. 1. Legislative intent. The
legislature finds and determines that the devoted service and sacrifice
of veterans deserve important, unique and eternal recognition by the
state of New York. That it is by means of the devoted service and sacri-
fice of veterans that the liberty, freedom and prosperity enjoyed by all
New Yorkers is maintained and preserved.
S. 7526 24
The legislature further finds and determines that to provide this
important, unique and eternal recognition, the state shall establish a
program of New York state veterans' cemeteries in New York. Such program
shall provide for the construction, establishment, expansion, improve-
ment, support, operation, maintenance and the provision of perpetual
care for state veterans' cemeteries in this state, and thereby for the
memorialization and remembrance of individual veterans and their service
to their community, state and nation.
The legislature additionally finds and determines that it is therefore
necessary to provide for the construction and establishment of one or
more New York state veterans' cemeteries, and that to thereafter,
provide for the expansion, improvement, support, operation, maintenance
and the provision of perpetual care of all such cemeteries so
constructed and established. The legislature also finds and determines
that it is appropriate to have the responsibility for the construction,
establishment, expansion, improvement, support, operation, maintenance
and the provision of perpetual care for veterans' cemeteries in this
state, to be under the oversight and direction of the state department
of veterans' services, and its commissioner, individually, and as chair
of the management board, for each such veterans' cemetery so constructed
and established.
2. The establishment of the first New York state veterans' cemetery.
(a) The commissioner shall issue, on behalf of the department, a public
request for information for any local government desiring to have the
first state veterans' cemetery located within its political subdivision.
Such request shall specify the type of information to be provided,
including, at a minimum, a detailed map of the site including potential
transportation routes, the history of the site, the types of burials the
site could accommodate, and the estimated number of veterans within a
seventy-five mile radius of the site. Such requests for information
shall be returnable to the department by no later than sixty days
following the issuance of the requests for information. Requests for
information issued by and returned to the department shall be publicly
available and posted on the department's website.
(a-1) Following the deadline for the return of requests for informa-
tion pursuant to paragraph (a) of this subdivision, the department, in
cooperation with the United States Department of Veterans Affairs, and
in consultation with, and upon the support of the department of state
division of cemeteries, is hereby directed to conduct an investigation
and study on the issue of the construction and establishment of the
first New York state veterans' cemetery. Such investigation and study
shall include, but not be limited to:
(i) Potential site locations for such cemetery, with full consider-
ation as to the needs of the veterans population; only locations within
local governments that have submitted a request for information pursuant
to paragraph (a) of this subdivision shall be considered and each such
submission shall be considered;
(ii) The size of the cemetery and types of grave sites;
(iii) The number of annual interments at the cemetery;
(iv) Transportation accessibility to the cemetery by veterans, their
families and the general public;
(v) Costs for construction of the cemetery;
(vi) Costs of operation of the cemetery, including but not limited to
staffing costs to maintain the cemetery;
(vii) Scalability of the cemetery for future growth and expansion;
S. 7526 25
(viii) Potential for funding for the cemetery from federal, local and
private sources;
(ix) Cost of maintenance;
(x) Data on the population that would be served by the site;
(xi) The average age of the population in the area covered;
(xii) The mortality rate of the veteran population for the area;
(xiii) Surrounding land use;
(xiv) Topography of the land;
(xv) Site characteristics;
(xvi) Cost of land acquisition;
(xvii) The location of existing cemeteries including but not limited
to national veterans' cemeteries, county veterans' cemeteries, ceme-
teries that have plots devoted to veterans, not-for-profit cemeteries
and any other burial ground devoted to veterans and any other type of
burial grounds devoted to the interment of human remains that is of
public record; and
(xviii) Such other and further items as the commissioner of the
department deems necessary for the first state veterans' cemetery to be
successful.
A report of the investigation and study conclusions shall be delivered
to the governor, the temporary president of the senate, the speaker of
the assembly and the chair of the senate committee on veterans, homeland
security and military affairs, and the chair of the assembly committee
on veterans' affairs by no later than one hundred eighty days after the
department has commenced the conduct of the investigation and study.
(a-2) Upon the completion of the investigation and study, the results
shall be provided to the selection committee. The selection committee
shall consist of nine members as follows:
(i) The commissioner of the department of veterans' services, or his
or her representative;
(ii) The director of the division of the budget, or his or her repre-
sentative;
(iii) Three members appointed by the governor, two of whom shall be
veterans;
(iv) Two members appointed by the temporary president of the senate,
at least one of whom shall be a veteran; and
(v) Two members appointed by the speaker of the assembly, at least one
of whom shall be a veteran.
(a-3) The selection committee shall be subject to articles six and
seven of the public officers law. The selection committee shall evaluate
the results of the study and, upon a majority vote, make a determination
as to the location of the first state veterans' cemetery. In making this
determination, the committee's consideration shall, at a minimum,
include:
(i) The findings established by the study;
(ii) The submitted responses to the requests for information issued
pursuant to paragraph (a) of this subdivision;
(iii) The guidelines for receipt of federal funding specified in 38
USC 2408, 38 CFR 39, and any other relevant federal statute or regu-
lation;
(iv) The possibility of funding from private individuals, corpo-
rations, or foundations; and
(v) Any other consideration that would facilitate the successful oper-
ation of the first state veterans' cemetery.
(b) The commissioner of the department, the commissioner of the office
of general services, and the chair of the division of cemeteries shall
S. 7526 26
determine the amount of money necessary to fund the non-reimbursable
costs of a state veterans' cemetery, such as operation and maintenance,
for a period of not less than ten years, provided that such amount shall
not include monies that would be recoverable by the cemetery pursuant to
a charge of fee for the provision of a gravesite for a non-veteran
spouse or eligible dependent. Prior to submitting any application for
funding from the government of the United States in accordance with the
grant requirements specified in 38 USC 2408, 38 CFR 30, and other rele-
vant federal statutes or regulations, for the purpose of seeking funds
to support the construction, establishment, expansion, improvement,
support, operation or maintenance of New York state's veterans' ceme-
teries, the director of the division of the budget and the office of the
state comptroller must certify to the governor, the temporary president
of the senate, the speaker of the assembly, the chair of the senate
finance committee and the chair of the assembly ways and means committee
that there are sufficient funds to cover such amount; provided further
that such moneys may include the veterans remembrance and cemetery main-
tenance and operation fund created pursuant to section ninety-seven-mmmm
of the state finance law. In making such a certification, the director
of the division of the budget and the office of the state comptroller
shall consider, but are not limited to, the following factors:
(i) physical attributes of the veterans cemetery, including size,
location, and terrain;
(ii) staffing costs, cost of equipment and equipment maintenance, and
security costs;
(iii) relevant state and federal requirements and specifications for
interment and perpetual care;
(iv) estimates provided by the United States Department of Veterans
Affairs;
(v) any other non-reimbursable fiscal cost, charge or assessment that
would be incurred by the cemetery.
(c) Once the certification that there are sufficient funds pursuant to
paragraph (b) of this subdivision has been made, and no later than thir-
ty days following the selection of the site pursuant to paragraph (a-3)
of this subdivision, the commissioner, in consultation with the manage-
ment board of the first New York state veterans' cemetery, shall
commence the application process for funding from the government of the
United States, in accordance with the grant requirements specified in
section 2408 of title 38 of the United States code, part 39 of title 38
of the code of federal regulations, and any other relevant federal stat-
ute or regulation, for the purpose of seeking funds to support the
construction, establishment, expansion, improvement, support, operation,
maintenance and the provision of perpetual care of New York state's
first veterans' cemetery. Such grant application shall be based on a
site selected pursuant to paragraph (a-3) of this subdivision, and shall
be consistent with the guidelines for receipt of federal funding pursu-
ant to the relevant provisions of federal law.
(d) A management board for the first New York state veterans' cemetery
shall be appointed pursuant to subdivision three of this section.
(e) The commissioner shall promulgate rules and regulations governing:
(i) The guidelines and standards for the construction, establishment,
expansion, improvement, support, operation, maintenance and the
provision of perpetual care for a state veterans' cemetery. Such guide-
lines shall include, but not be limited to:
(1) The size and terrain of the cemetery;
S. 7526 27
(2) The management and operation of the cemetery, including but not
limited to:
(A) Hours of operation;
(B) Employees, employee relations, and employee duties;
(C) The conduct and practice of events, ceremonies and programs;
(D) The filing and compliance of the cemetery with state and federal
regulators; and
(E) Such other and further operational and management practices and
procedures as the commissioner shall determine to be necessary for the
successful operation of a state veterans' cemetery.
(3) The layout of plots;
(4) The locations of building and infrastructure, including but not
limited to:
(A) Electrical lines and facilities;
(B) Waterlines, irrigation systems, and drainage facilities;
(C) Trees, flowers and other plantings;
(D) Non gravesite memorials, gravesite memorials, mausoleums, colum-
barium niches, headstones, grave markers, indoor interment facilities,
committal-service shelters, signage, flag poles, and other memorial
gathering spaces or infrastructure;
(E) Roadways, pedestrian pathways, parking sites, curbs and curb cuts;
(F) Ponds, lakes and other water sites;
(G) Retaining walls, gates, fences, security systems or other devices
for cemetery protection; and
(H) Any other buildings, structures or infrastructure necessary for
the safe, efficient and effective operation of the cemetery;
(5) The qualifications for interment, consistent with the provisions
of state and federal law and any requirements pursuant to the receipt of
federal, state, local or private funds;
(6) The location and placement of interments;
(7) Consistent with the provisions of state and federal law and any
requirements pursuant to the receipt of federal, state, local or private
funds, the financial management of the cemetery, including but not
limited to:
(A) The procedures for the protection and implementation of the ceme-
tery's annual budget;
(B) The seeking, collecting, deposit and expenditure of operating
funds pursuant to the cemetery's budget;
(C) The seeking, collecting, deposit and expenditure of capital funds
pursuant to the cemetery's capital plan;
(D) The seeking, collecting, deposit and expenditure of emergency
funds to address an unexpected event;
(E) The assessment, charging, collection and deposit of fees and
charges;
(F) The management of cemetery finances, both current and future, with
respect to investments; and
(G) Such other and further procedures and activities concerning the
financial management of the cemetery;
(8) The provision of perpetual care for the cemetery, including but
not limited to:
(A) The frequency, standards and methods for the beautification and
maintenance of grounds, memorials, gravesites, buildings, ceremonial
sites, or other locations within, or upon the curtilage of the cemetery;
(B) The frequency, standards and methods for the provision of flags,
patriotic and military symbols, and other honorary items, at each
gravesite and throughout the cemetery; and
S. 7526 28
(C) Such other and further standards as are necessary to assure the
proper perpetual care of the cemetery in a manner befitting the highest
level of honor and respect deserving to those veterans and their fami-
lies interred in the cemetery;
(9) Guidelines and standards for the procurement of land for the ceme-
tery providing that the state veterans' cemetery, and all the property
upon which it resides shall be owned in fee simple absolute by the state
of New York;
(10) Guidelines and standards for the practices and procedures for the
construction and establishment of a state veterans' cemetery, including
contracting and purchasing for construction services, professional
services, legal services, architectural services, consulting services,
as well as the procurement of materials, all consistent with the rele-
vant provisions of federal, state and local law, the regulations promul-
gated thereunder, and the requirements contained in the grants awarded
or pursued from the federal government, or any source of private fund-
ing;
(11) Guidelines and standards for the practices and procedures for the
expansion and improvement of a state veterans' cemetery, including
contracting and purchasing for construction services, professional
services, legal services, architectural services, consulting services,
as well as the procurement of materials, all consistent with the rele-
vant provisions of federal, state and local law, the regulations promul-
gated thereunder, and the requirements contained in the grants awarded
or pursued from the federal government, or any source of private fund-
ing;
(12) Any other guidelines and standards that would facilitate the
successful construction, establishment, expansion, improvement, support,
operation, maintenance and the provision of perpetual care for the state
veterans' cemetery;
(ii) Guidelines and standards for any local government desiring to
have the first state veterans' cemetery located within its political
subdivision, including, but not limited to:
(1) The requirement that the local government will comply with all
state and federal statutes and regulations concerning the construction,
establishment, expansion, improvement, support, operation, maintenance
and the provision of perpetual care of the state veterans' cemetery, and
shall satisfy any and all applicable state and federal standards and
requirements for the perpetual care of the state veterans' cemetery;
(2) That the state veterans' cemetery, and all the property upon which
it resides shall be owned in fee simple absolute by the state of New
York;
(3) That all lands upon which such cemetery is constructed and estab-
lished shall be used solely for state veterans' cemetery purposes, and
for the purpose of providing the honor and remembrance of veterans and
their service through ceremonies and programs;
(4) Such other and further requirements as the commissioner may deem
prudent in the facilitation of the successful siting and operation of a
state veterans' cemetery in the jurisdiction of the local government;
and
(iii) Such other and further guidelines and standards as are necessary
for the successful construction, establishment, expansion, improvement,
support, operation, maintenance and the provision of perpetual care for
a state veterans' cemetery.
(f) Upon the approval of the application for funding from the govern-
ment of the United States, made pursuant to paragraph (c) of this subdi-
S. 7526 29
vision, the commissioner, upon consultation with the management board,
shall commence the process of construction and establishment of the
first state veterans' cemetery. Such process shall be consistent with
the relevant provisions of local, state and federal law, and the rules
and regulations established pursuant to paragraph (e) of this subdivi-
sion.
3. Management boards of New York state veterans' cemeteries. (a) For
each New York state veterans' cemetery there shall be a management
board. Each such management board shall consist of nine members, includ-
ing the commissioner of the department who shall serve as chair, and
four members, appointed by the governor. Of such four members, not fewer
than two shall be a veteran of the United States army, the United States
navy, the United States air force, the United States marines, the New
York army national guard, the New York air national guard, the New York
naval militia, or a member who has served in a theater of combat oper-
ations of the United States coast guard or the United States merchant
marine. Two members shall be appointed by the temporary president of the
senate, and two members shall be appointed by the speaker of the state
assembly. At least one of the members appointed by the temporary presi-
dent of the senate and at least one of the members appointed by the
speaker of the assembly shall be a veteran of the United States army,
the United States navy, the United States air force, the United States
marines, the New York army national guard, the New York air national
guard, the New York naval militia, or a member who has served in a thea-
ter of combat operations of the United States coast guard or the United
States merchant marine. No member shall receive any compensation for his
or her service, but members who are not state officials may be reim-
bursed for their actual and necessary expenses, including travel
expenses incurred in performance of their duties. The management board
may consult with any federal, state or local entity for the purposes of
advancing its purposes, mission and duties.
(b) The management board shall advise, by majority vote, the commis-
sioner on issues concerning the construction, establishment, expansion,
improvement, support, operation, maintenance and the provision of
perpetual care for the veterans' cemetery, including but not limited to
issues of financial concern, employment relations, cemetery policy,
cemetery events and programs, and such other and further issues as the
board and commissioner shall deem important.
4. Additional state veterans' cemeteries. (a) Not later than ten years
after the construction and establishment of the first New York state
veterans' cemetery, and every ten years thereafter, the department, in
cooperation with the United States Department of Veterans Affairs, shall
conduct an investigation and study on the issue of the construction and
establishment of additional New York state veterans' cemeteries. Such
investigation and study shall consider, but not be limited to, the study
parameters established pursuant to paragraph (a) of subdivision two of
this section. A report of the investigation and study required to be
conducted pursuant to this subdivision shall be delivered to the gover-
nor, the temporary president of the senate, the speaker of the assembly
and the chair of the senate committee on veterans, homeland security and
military affairs, and the chair of the assembly committee on veterans'
affairs, by no later than ninety days after the department has commenced
the conduct of the investigation and study;
(b) The report of the investigation and study required to be conducted
pursuant to this subdivision shall provide a determination by the direc-
tor as to whether the state should construct and establish one or more
S. 7526 30
additional veterans' cemeteries, and shall state the reasoning and basis
for such determination; and
(c) The department may, at the discretion of the commissioner, at any
time after five years from the completion of construction of the most
recently constructed and established state veterans' cemetery, in coop-
eration with the United States Department of Veterans Affairs, conduct
an investigation and study on the issue of the construction and estab-
lishment of additional New York state veterans' cemeteries. A report of
the investigation and study required to be conducted shall be delivered
to the governor, the temporary president of the senate, the speaker of
the assembly and the chair of the senate committee on veterans, homeland
security and military affairs, and the chair of the assembly committee
on veterans' affairs, by no later than ninety days after the department
has commenced the conduct of the investigation and study.
(d) If the commissioner, pursuant to the investigation and study
conducted pursuant to this subdivision, determines that there shall be
an additional state veterans' cemetery in New York state, the commis-
sioner shall provide for the construction and establishment of such new
veterans' cemetery pursuant to the same guidelines and standards for the
construction and establishment of the first state veterans' cemetery
under this section.
5. Expansion and improvement of existing state veterans' cemeteries.
The commissioner, in consultation with the management board of a state
veterans' cemetery, may provide for the expansion and/or improvement of
the cemetery. Such expansion and improvement shall be conducted in
accordance with the rules and regulations of the department under para-
graph (e) of subdivision two of this section.
§ 24. Veterans health screening. 1. As used in this section: a.
"Eligible member" means a member of the New York army national guard or
the New York air national guard who served in the Persian Gulf War, as
defined in 38 USC 101, or in an area designated as a combat zone by the
president of the United States during Operation Enduring Freedom or
Operation Iraqi Freedom;
b. "Veteran" means a person, male or female, resident of this state,
who has served in the active military, naval or air service of the
United States during a time of war in which the United States engaged
and who has been released from such service otherwise than by dishonor-
able discharge, or who has been furloughed to the reserve;
c. "Military physician" includes a physician who is under contract
with the United States department of defense to provide physician
services to members of the armed forces; and
d. "Depleted uranium" means uranium containing less uranium-235 than
the naturally occurring distribution of uranium isotopes.
2. On and after February first, two thousand seven, the adjutant
general and the state commissioner shall assist any eligible member or
veteran who has been experiencing health problems. Such problems may
include exposure to toxic materials or harmful physical agents such as
depleted uranium. An eligible member or veteran who has been assigned a
risk level I, II or III for depleted uranium exposure by his or her
branch of service, is referred by a military physician, or has reason to
believe that he or she was exposed to toxic materials or harmful phys-
ical agents such as depleted uranium during such service, in obtaining
federal treatment services. Such treatment shall include, but not be
limited to, a best practice health screening test for exposure to
depleted uranium using a bioassay procedure involving sensitive methods
capable of detecting depleted uranium at low levels and the use of
S. 7526 31
equipment with the capacity to discriminate between different radioiso-
topes in naturally occurring levels of uranium and the characteristic
ratio and marker for depleted uranium. As more scientific reliable tests
become available such test shall be included in the treatment protocol.
No state funds shall be used to pay for such tests or such other federal
treatment services.
3. On or before February first, two thousand seven, the adjutant
general shall submit a report to the chair of the senate veterans, home-
land security and military affairs committee and the chair of the assem-
bly veterans' affairs committee on the scope and adequacy of training
received by members of the New York army national guard and the New York
air national guard on detecting whether their service as eligible
members is likely to entail, or to have entailed, exposure to toxic
materials or harmful physical agents such as depleted uranium. The
report shall include an assessment of the feasibility and cost of adding
predeployment training concerning potential exposure to depleted uranium
and other toxic chemical substances and the precautions recommended
under combat and noncombat conditions while in a combat theater or
combat zone of operations.
§ 25. Payment to parents of veterans. 1. Annuity established. (a) A
parent, identified in 10 USC 1126 as a gold star parent, of a veteran
who heretofore has died or a parent of a veteran dying hereafter, shall
upon application to the state commissioner, be paid an annual annuity
out of the treasury of the state for the sum of five hundred dollars for
such term as such parent shall be entitled thereto under the provisions
of this article. Commencing in the year two thousand nineteen, the
amount of any annuity payable under this section shall be the same
amount as the annuity payable in the preceding year plus a percentage
adjustment equal to the annual percentage increase, if any, for compen-
sation and pension benefits administered by the United States Department
of Veterans Affairs in the previous year. Such percentage increase shall
be rounded up to the next highest one-tenth of one percent and shall not
be less than one percent nor more than four percent. The commissioner of
veterans' services, not later than February first of each year, shall
publish by any reasonable means, including but not limited to posting on
the department's website, the amount of the annuity as adjusted payable
under this section. The term "parent" for the purposes of this section
includes mother, father, stepmother, stepfather, mother through adoption
and father through adoption.
(b) The entitlement of any parent to receive the annuity provided by
paragraph (a) of this subdivision shall terminate upon his or her death
or upon his or her ceasing to continue to be a resident of and domiciled
in the state of New York, but such entitlement may be reinstated upon
application to the state commissioner, if such parent shall thereafter
resume his or her residence and domicile in the state.
(c) The effective date of an award of the annuity to a parent shall be
the day after the date of death of the veteran if the application there-
for is received within one year from date of death. If the application
is received after the expiration of the first year following the date of
the death of the veteran, the effective date of an award of the annuity
to a parent shall be the date of receipt of the application by the state
commissioner. If the application is denied but is granted at a later
date upon an application for reconsideration based upon new evidence,
the effective date of the award of the annuity to a parent shall be the
date of the receipt of the application for reconsideration by the state
commissioner.
S. 7526 32
(d) Any applicant convicted of making any false statement in the
application for the annuity shall be subject to penalties prescribed in
the penal law.
2. Qualifications. (a) Any gold star parent, who is the parent of a
deceased veteran, and who is a resident of and domiciled in the state of
New York, shall make application to the department.
(b) No entitlement shall be paid under this section to or for a gold
star parent who is in prison in a federal, state, or local penal insti-
tution as a result of conviction of a felony or misdemeanor for any part
of the period beginning sixty-one days after his or her imprisonment
begins and ending with his or her release.
(c) Where one or more gold star parents are disqualified for the annu-
ity for a period under paragraph (b) of this subdivision, the state
commissioner shall pay the shares of such disqualified parents to the
other parents, if they meet the qualifications on their own.
(d) The decision of the state commissioner on matters regarding the
payment of such annuity shall be final.
3. Method of payment. (a) Evidence of the military service of the
deceased veteran of the gold star parent for each case shall be
furnished in the manner and form prescribed by the state commissioner.
(b) Upon being satisfied that such service was honorable, that other
facts and statements in the application of such gold star parent are
true, the state commissioner shall certify to the state comptroller the
name and address of such gold star parent.
(c) Thereafter, the department of taxation and finance, on the audit
and warrant of the comptroller, shall pay such gold star parent such sum
as is authorized by the provisions of this section in semi-annual
installments for so long as such qualified gold star parent shall meet
the requirements of this section.
4. Report. The state commissioner shall submit a report to the gover-
nor, the chair of the senate finance committee, and the chair of the
assembly ways and means committee not later than January fifteenth of
each year this section is in effect. Such report shall include, but not
be limited to regulations promulgated pursuant to this section, and a
description and evaluation of the program.
§ 26. Cremated remains of a veteran. The cremated remains of a veteran
may be disposed of pursuant to the provisions of section forty-two
hundred three of the public health law.
§ 27. New York state silver rose veterans service certificate. The
commissioner, in consultation with the adjutant general, is hereby
authorized to present in the name of the legislature of the state of New
York, a certificate, to be known as the "New York State Silver Rose
Veterans Service Certificate", bearing a suitable inscription to any
person:
1. who is a citizen of the state of New York; or
2. who was a citizen of the state of New York while serving in the
armed forces of the United States, and who while serving in the armed
forces of the United States, or the organized militia on active duty was
exposed to dioxin or phenoxy herbicides, as evinced by a medical diagno-
sis of a disease associated with dioxin or phenoxy herbicides, and any
other proof determined by the adjutant general to be necessary; or
3. who was honorably discharged or released under honorable circum-
stances.
Not more than one New York state silver rose veterans certificates
shall be awarded or presented, under the provisions of this section, to
any person whose entire service subsequent to the time of the receipt of
S. 7526 33
such certificate shall not have been honorable. In the event of the
death of any person during or subsequent to the receipt of such certif-
icate it shall be presented to such representative of the deceased as
may be designated. The commissioner, in consultation with the adjutant
general, shall make such rules and regulations as may be deemed neces-
sary for the proper presentation and distribution of such certificates.
ARTICLE 2
VETERANS EMPLOYMENT ACT
Section 30. Short title.
31. Legislative findings.
32. Definitions.
33. Temporary hiring.
34. Department of civil services responsibilities.
35. Regulations.
§ 30. Short title. This article shall be known and may be cited as the
"veterans employment act".
§ 31. Legislative findings. The legislature hereby finds that it is
estimated that over the next five years, forty-four thousand veterans
are expected to return to this state from their military posts, making
the Empire State home to one of the largest veteran populations in the
country. Shockingly, the unemployment rate for Post-9/11 veterans in New
York was 10.7% in two thousand twelve, which is nearly one percent high-
er than the national average and higher than the state's overall 8.2%
unemployment rate. The legislature has found previously that it is in
the interest of the state to ensure that returning veterans have employ-
ment opportunities available upon their separation from military
service.
The state already encourages private businesses to hire military
veterans through tax credits and other economic incentives. In addition,
the legislature has previously found that state agencies spend millions
of dollars annually on temporary staff hired from temporary employment
service companies to cover temporary staffing needs. These temporary
state jobs could serve as a bridge for recently discharged military
veterans who have yet to find full-time permanent work. In addition,
these temporary assignments could serve to develop the next generation
of the state workforce and help with succession planning for the current
workforce.
The legislature declares it to be the policy of this state to use
veterans for temporary appointments in state agencies rather than
utilizing temporary employment service companies in order to provide
employment opportunities for returning military veterans.
§ 32. Definitions. As used in this article:
1. "State agency" shall mean any department, board, bureau, division,
commission, council or committee within the executive branch, the state
university of New York, the city university of New York, and all public
authorities under the control of the executive branch.
2. "Temporary appointment" shall have the same meaning as provided in
section sixty-four of the civil service law.
3. "Veteran" shall mean an individual who served on active duty in the
United States army, navy, marine corps, air force, coast guard or the
reserves component, or who served in active military service of the
United States as a member of the army national guard, air national
guard, New York guard or New York naval militia, who was released from
such service otherwise then by dishonorable discharge after September
eleventh, two thousand one.
S. 7526 34
4. "Veteran temporary hiring list" shall mean a hiring list maintained
by the department of civil service.
§ 33. Temporary hiring. Notwithstanding any provision of law to the
contrary, a state agency shall select a veteran from the veteran tempo-
rary hiring list when making a temporary appointment provided such
veteran possesses the applicable skills needed for the temporary assign-
ment.
§ 34. Department of civil services responsibilities. The department of
civil service shall:
1. establish and maintain a veteran temporary hiring list, for use by
state agencies in the implementation of this article;
2. assist state agencies by making available services of the depart-
ment of civil service to facilitate the provisions of this article; and
3. establish and maintain, together with the commissioner of the
department of veterans' services, a program to educate separating
service members as to the benefits available to veterans under this
article.
§ 35. Regulations. The president of the state civil service commission
shall promulgate such rules and regulations as shall be necessary to
implement the provisions of this article.
ARTICLE 3
PARTICIPATION BY SERVICE-DISABLED VETERANS WITH RESPECT TO
STATE CONTRACTS
Section 40. Definitions.
41. Division of service-disabled veterans' business development.
42. Opportunities for certified service-disabled veteran-owned
business enterprises.
43. Severability.
§ 40. Definitions. As used in this article, the following terms shall
have the following meanings:
1. "Certified service-disabled veteran-owned business enterprise"
shall mean a business enterprise, including a sole proprietorship, part-
nership, limited liability company or corporation that is:
(a) at least fifty-one percent owned by one or more service-disabled
veterans;
(b) an enterprise in which such service-disabled veteran ownership is
real, substantial, and continuing;
(c) an enterprise in which such service-disabled veteran ownership has
and exercises the authority to control independently the day-to-day
business decisions of the enterprise;
(d) an enterprise authorized to do business in this state and is inde-
pendently-owned and operated;
(e) an enterprise that is a small business which has a significant
business presence in the state, not dominant in its field and employs,
based on its industry, a certain number of persons as determined by the
director, but not to exceed three hundred, taking into consideration
factors which include, but are not limited to, federal small business
administration standards pursuant to 13 CFR part 121 and any amendments
thereto; and
(f) certified by the office of general services.
2. "Commissioner" shall mean the commissioner of the office of general
services.
3. "Director" shall mean the director of the division of service-disa-
bled veterans' business development.
S. 7526 35
4. "Division" shall mean the division of service-disabled veterans'
business development in the office of general services.
5. "Service-disabled veteran" shall mean (a) in the case of the United
States army, navy, air force, marines, coast guard, army national guard
or air national guard and/or reserves thereof, a veteran who received a
compensation rating of ten percent or greater from the United States
Department of Veterans Affairs or from the United States department of
defense because of a service-connected disability incurred in the line
of duty, and (b) in the case of the New York guard or the New York naval
militia and/or reserves thereof, a veteran who certifies, pursuant to
the rules and regulations promulgated by the director, to having
incurred an injury equivalent to a compensation rating of ten percent or
greater from the United States Department of Veterans Affairs or from
the United States Department of Defense because of a service-connected
disability incurred in the line of duty.
6. "State agency" shall mean: (a)(i) any state department; or (ii) any
division, board, commission or bureau of any state department; or (iii)
the state university of New York and the city university of New York,
including all their constituent units except community colleges and the
independent institutions operating statutory or contract colleges on
behalf of the state; or (iv) a board, a majority of whose members are
appointed by the governor or who serve by virtue of being state officers
or employees as defined in subparagraph (i), (ii) or (iii) of paragraph
(i) of subdivision one of section seventy-three of the public officers
law.
(b) a "state authority" as defined in subdivision one of section two
of the public authorities law, and the following:
Albany County Airport Authority;
Albany Port District Commission;
Alfred, Almond, Hornellsville Sewer Authority;
Battery Park City Authority;
Cayuga County Water and Sewer Authority;
(Nelson A. Rockefeller) Empire State Plaza Performing Arts Center
Corporation;
Industrial Exhibit Authority;
Livingston County Water and Sewer Authority;
Long Island Power Authority;
Long Island Rail Road;
Long Island Market Authority;
Manhattan and Bronx Surface Transit Operating Authority;
Metro-North Commuter Railroad;
Metropolitan Suburban Bus Authority;
Metropolitan Transportation Authority;
Natural Heritage Trust;
New York City Transit Authority;
New York Convention Center Operating Corporation;
New York State Bridge Authority;
New York State Olympic Regional Development Authority;
New York State Thruway Authority;
Niagara Falls Public Water Authority;
Niagara Falls Water Board;
Port of Oswego Authority;
Power Authority of the State of New York;
Roosevelt Island Operating Corporation;
Schenectady Metroplex Development Authority;
State Insurance Fund;
S. 7526 36
Staten Island Rapid Transit Operating Authority;
State University Construction Fund;
Syracuse Regional Airport Authority;
Triborough Bridge and Tunnel Authority;
Upper Mohawk valley regional water board;
Upper Mohawk valley regional water finance authority;
Upper Mohawk valley memorial auditorium authority;
Urban Development Corporation and its subsidiary corporations.
(c) the following only to the extent of state contracts entered into
for its own account or for the benefit of a state agency as defined in
paragraph (a) or (b) of this subdivision:
Dormitory Authority of the State of New York;
Facilities Development Corporation;
New York State Energy Research and Development Authority;
New York State Science and Technology Foundation.
(d) "state contract" shall mean: (i) a written agreement or purchase
order instrument, providing for a total expenditure in excess of twen-
ty-five thousand dollars, whereby a contracting agency is committed to
expend or does expend funds in return for labor, services including but
not limited to legal, financial and other professional services,
supplies, equipment, materials or any combination of the foregoing, to
be performed for, or rendered or furnished to the contracting agency;
(ii) a written agreement in excess of one hundred thousand dollars
whereby a contracting agency is committed to expend or does expend funds
for the acquisition, construction, demolition, replacement, major repair
or renovation of real property and improvements thereon; and (iii) a
written agreement in excess of one hundred thousand dollars whereby the
owner of a state assisted housing project is committed to expend or does
expend funds for the acquisition, construction, demolition, replacement,
major repair or renovation of real property and improvements thereon for
such project.
7. "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
the New York naval militia, and who (i) has received an honorable or
general discharge from such service, or (ii) has a qualifying condition,
as defined in section one of this chapter, and has received a discharge
other than bad conduct or dishonorable from such service, or (iii) is a
discharged LGBT veteran, as defined in section one of this chapter, and
has received a discharge other than bad conduct or dishonorable from
such service.
§ 41. Division of service-disabled veterans' business development. 1.
The head of the division of service-disabled veterans' business develop-
ment shall be the director who shall be appointed by the governor and
who shall hold office at the pleasure of the commissioner.
2. The director may appoint such deputies, assistants, and other
employees as may be needed for the performance of the duties prescribed
herein subject to the provisions of the civil service law and the rules
and regulations of the civil service commission. The director may
request and shall receive from any (i) department, division, board,
bureau, or executive commission of the state or (ii) state agency, such
assistance as may be necessary to carry out the provisions of this arti-
cle.
3. The director shall have the following powers and duties:
(a) Develop, collect, summarize and disseminate information that will
be helpful to persons and organizations throughout the state in under-
S. 7526 37
taking or promoting the establishment and successful operation of a
service-disabled veteran-owned business.
(b) Develop and make available to state agencies a directory of certi-
fied service-disabled veteran-owned business enterprises which shall,
wherever practicable, be divided into categories of labor, services,
supplies, equipment, materials and recognized construction trades and
which shall indicate areas or locations of the state where such enter-
prises are available to perform services. Such directory shall be posted
on the office of general services website.
(c) Assist state agencies in the development of programs to foster and
promote the use of service-disabled veteran-owned business enterprises
on state contracts.
(d) Coordinate the plans, programs and operations of the state govern-
ment which affect or may contribute to the establishment, preservation
and development of service-disabled veteran-owned business enterprises.
(e) To appoint independent hearing officers who by contract or terms
of employment shall preside over adjudicatory hearings pursuant to this
section for the office and who are assigned no other work by the office.
(f) In conjunction with the commissioner, develop a comprehensive
statewide plan and operational guidelines to promote service-disabled
veteran-owned business enterprises and to assist them in obtaining
opportunities to participate in the procurement of goods and services by
the state, including identification of barriers to service-disabled
veterans' business development and investigation and evaluation of their
impact on achieving the objectives of this article.
4. The commissioner shall:
(a) Coordinate training of all procurement personnel of state agen-
cies, emphasizing increased sensitivity and responsiveness to the unique
needs and requirements of service-disabled veteran-owned business enter-
prises.
(b) Conduct a coordinated review of all existing and proposed state
training and technical assistance activities in direct support of the
service-disabled veterans' business development program to assure
consistency with the objectives of this article.
(c) Evaluate and assess availability of firms for the purpose of
increasing participation of such firms in state contracting in consulta-
tion with relevant state entities including, but not limited to, the New
York state department of veterans' services.
(d) Provide advice and technical assistance to promote service-disa-
bled veteran-owned business enterprises' understanding of state procure-
ment laws, practices and procedures to facilitate and increase the
participation of service-disabled veteran-owned business enterprises in
state procurement.
(e) Establish regular performance reporting systems regarding imple-
mentation of the programs designed to increase service-disabled veter-
an-owned business participation in procurement contracts by state agen-
cies.
(f) Submit a report by the thirty-first of December each year, to the
governor, the temporary president of the senate, the speaker of the
assembly and the chairpersons of the senate finance and assembly ways
and means committees. Such report shall include information including,
but not limited to, the number of contracts entered into pursuant to
this article, the average amount of such contracts, the number of
service-disabled veteran-owned business enterprises certified, the
number of applications for certification as a service-disabled veteran-
owned business enterprise, the number of denials for such certification,
S. 7526 38
the number of appeals of such denials, and the outcome of such appeals
and the average time that is required for such certification to be
completed. Also to be included shall be the level of service-disabled
veteran-owned businesses participating in each agency's contracts for
goods and services and on activities of the division and efforts by each
contracting agency to promote utilization of service-disabled veteran-
owned businesses and to promote and increase participation by certified
service-disabled veteran-owned businesses with respect to state
contracts and subcontracts to such businesses. Such report may recommend
new activities and programs to effectuate the purposes of this article.
5. Certification. (a) The director, or in the absence of the director,
the commissioner, within ninety days of the effective date of this arti-
cle, shall promulgate rules and regulations providing for the establish-
ment of a statewide certification program including rules and regu-
lations governing the approval, denial, or revocation of any such
certification. Such rules and regulations shall include, but not be
limited to, such matters as may be required to ensure that the estab-
lished procedures thereunder shall at least be in compliance with the
code of fair procedure set forth in section seventy-three of the civil
rights law.
(b) The division of service-disabled veterans' business development
shall be responsible for verifying businesses as being owned, operated,
and controlled by a service-disabled veteran and for certifying such
verified businesses. Status as a service-disabled veteran pursuant to
paragraph (a) of this subdivision shall be documented by a copy of the
veteran's certificate of release or discharge from active duty, includ-
ing but not limited to, a DD-214 form or an honorable service
certificate/report of casualty from the Department of Defense, a letter
of certification by the United States Department of Veterans Affairs or
the United States Department of Defense and any additional information
that may be required by the division of service-disabled veterans' busi-
ness development. In the case of the New York guard or the New York
naval militia and/or reserves thereof, status as a service-disabled
veteran pursuant to this paragraph shall be documented pursuant to rules
and regulations promulgated by the director, or in the absence of the
director, the commissioner.
(c) Following application for certification pursuant to this section,
the director shall provide the applicant with written notice of the
status of the application, including notice of any outstanding deficien-
cies, within thirty days. Within sixty days of submission of a final
completed application, the director shall provide the applicant with
written notice of a determination by the director approving or denying
such certification and, in the event of a denial, a statement setting
forth the reasons for such denial. Upon a determination denying or
revoking certification, the business enterprise for which certification
has been so denied or revoked shall, upon written request made within
thirty days from receipt of notice of such determination, be entitled to
a hearing before an independent hearing officer designated for such
purpose by the director. In the event that a request for a hearing is
not made within such thirty-day period, such determination shall be
deemed to be final. The independent hearing officer shall conduct a
hearing and upon the conclusion of such hearing, issue a written recom-
mendation to the director to affirm, reverse, or modify such determi-
nation of the director. Such written recommendation shall be issued to
the parties. The director, within thirty days, by order, must accept,
reject or modify such recommendation of the hearing officer and set
S. 7526 39
forth in writing the reason therefor. The director shall serve a copy of
such order and reasons therefor upon the business enterprise by personal
service or by certified mail return receipt requested. The order of the
director shall be subject to review pursuant to article seventy-eight of
the civil practice law and rules.
(d) All certifications shall be valid for a period of five years.
§ 42. Opportunities for certified service-disabled veteran-owned busi-
ness enterprises. 1. The director, or in the absence of the director,
the commissioner, within ninety days of the effective date of this arti-
cle shall promulgate rules and regulations for the following purposes:
(a) provide measures and procedures to ensure that certified service-
disabled veteran-owned business enterprises are afforded the opportunity
for meaningful participation in the performance of state contracts and
to assist in state agencies' identification of those state contracts for
which certified service-disabled veteran-owned business enterprises may
best perform;
(b) provide for measures and procedures that assist state agencies in
the identification of state contracts where service-disabled veteran
contract goals are practical, feasible and appropriate for the purpose
of increasing the utilization of service-disabled veteran-owned business
enterprise participation on state contracts;
(c) achieve a statewide goal for participation on state contracts by
service-disabled veteran-owned business enterprises of six percent;
(d) provide for procedures relating to submission and receipt of
applications by service-disabled veteran-owned business enterprises for
certification;
(e) provide for the monitoring and compliance of state contracts by
state agencies with respect to the provisions of this article;
(f) provide for the requirement that state agencies submit regular
reports, as determined by the director, with respect to their service-
disabled veteran-owned business enterprise program activity, including
but not limited to, utilization reporting and state contract monitoring
and compliance;
(g) notwithstanding any provision of the state finance law, the public
buildings law, the highway law, the transportation law or the public
authorities law to the contrary, provide for the reservation or set-a-
side of certain procurements by state agencies in order to achieve the
objectives of this article; provided, however, that such procurements
shall remain subject to (i) priority of preferred sources pursuant to
sections one hundred sixty-two and one hundred sixty-three of the state
finance law; (ii) the approval of the comptroller of the state of New
York pursuant to section one hundred twelve and section one hundred
sixty-three of the state finance law and section twenty-eight hundred
seventy-nine-a of the public authorities law; and (iii) the procurement
record requirements pursuant to paragraph g of subdivision nine of
section one hundred sixty-three of the state finance law; and
(h) provide for any other purposes to effectuate this article.
2. State agencies shall administer the rules and regulations promul-
gated by the director for the implementation of this article.
§ 43. Severability. If any clause, sentence, paragraph, section or
part of this article shall be adjudged by any court of competent juris-
diction to be invalid, the judgment shall not affect, impair or invali-
date the remainder thereof, but shall be confined in its operation to
the clause, sentence, paragraph, section or part of this article direct-
ly involved in the controversy in which the judgment shall have been
rendered.
S. 7526 40
§ 3. Paragraph a of subdivision 3 of section 14-a of the domestic
relations law, as separately amended by section 27 of part AA of chapter
56 and chapter 177 of the laws of 2019, is amended to read as follows:
a. No fee shall be charged for any certificate when required by the
United States department of veterans affairs or by the [division]
DEPARTMENT of veterans' services of the state of New York to be used in
determining the eligibility of any person to participate in the benefits
made available by the United States department of veterans affairs or by
the state of New York.
§ 4. Subdivision 1 of section 19 of the domestic relations law, as
amended by section 28 of part AA of chapter 56 of the laws of 2019, is
amended to read as follows:
1. Each town and city clerk hereby empowered to issue marriage
licenses shall keep a book supplied by the state department of health in
which such clerk shall record and index such information as is required
therein, which book shall be kept and preserved as a part of the public
records of his or her office. Whenever an application is made for a
search of such records the city or town clerk, excepting the city clerk
of the city of New York, may make such search and furnish a certificate
of the result to the applicant upon the payment of a fee of five dollars
for a search of one year and a further fee of one dollar for the second
year for which such search is requested and fifty cents for each addi-
tional year thereafter, which fees shall be paid in advance of such
search. Whenever an application is made for a search of such records in
the city of New York, the city clerk of the city of New York may make
such search and furnish a certificate of the result to the applicant
upon the payment of a fee of five dollars for a search of one year and a
further fee of one dollar for the second year for which search is
requested and fifty cents each additional year thereafter. Notwithstand-
ing any other provision of this article, no fee shall be charged for any
search or certificate when required by the United States department of
veterans affairs or by the [division] DEPARTMENT of veterans' services
of the state of New York to be used in determining the eligibility of
any person to participate in the benefits made available by the United
States department of veterans affairs or by the state of New York. All
such affidavits, statements and consents, immediately upon the taking or
receiving of the same by the town or city clerk, shall be recorded and
indexed as provided herein and shall be public records and open to
public inspection whenever the same may be necessary or required for
judicial or other proper purposes. At such times as the commissioner
shall direct, the said town or city clerk, excepting the city clerk of
the city of New York, shall file in the office of the state department
of health the original of each affidavit, statement, consent, order of a
justice or judge authorizing immediate solemnization of marriage,
license and certificate, filed with or made before such clerk during the
preceding month. Such clerk shall not be required to file any of said
documents with the state department of health until the license is
returned with the certificate showing that the marriage to which they
refer has been actually performed.
The county clerks of the counties comprising the city of New York
shall cause all original applications and original licenses with the
marriage solemnization statements thereon heretofore filed with each,
and all papers and records and binders relating to such original docu-
ments pertaining to marriage licenses issued by said city clerk, in
their custody and possession to be removed, transferred, and delivered
to the borough offices of the city clerk in each of said counties.
S. 7526 41
§ 5. Subdivision 1 of section 3308 of the education law, as amended by
section 29 of part AA of chapter 56 of the laws of 2019, is amended to
read as follows:
1. Each member state shall, through the creation of a state council or
use of an existing body or board, provide for the coordination among its
agencies of government, local educational agencies and military instal-
lations concerning the state's participation in, and compliance with,
this compact and interstate commission activities. In New York, the
state council shall include the commissioner or his or her designee, the
[director] COMMISSIONER of the New York state [division] DEPARTMENT of
veterans' services or his or her designee, the adjutant general of the
state of New York or his or her designee, a superintendent of a school
district with a high concentration of military children appointed by the
commissioner, a district superintendent of schools of a board of cooper-
ative educational services serving an area with a high concentration of
military children appointed by the commissioner, a representative from a
military installation appointed by the governor, a representative of
military families appointed by the governor, a public member appointed
by the governor and one representative each appointed by the speaker of
the assembly, the temporary president of the senate and the governor.
§ 6. Subdivision 1 of section 6505-c of the education law, as amended
by section 30 of part AA of chapter 56 of the laws of 2019, is amended
to read as follows:
1. The commissioner shall develop, jointly with the [director] COMMIS-
SIONER of the [division] DEPARTMENT of veterans' services, a program to
facilitate articulation between participation in the military service of
the United States or the military service of the state and admission to
practice of a profession. The commissioner and the [director] COMMIS-
SIONER OF VETERANS' SERVICES shall identify, review and evaluate profes-
sional training programs offered through either the military service of
the United States or the military service of the state which may, where
applicable, be accepted by the department as equivalent education and
training in lieu of all or part of an approved program. Particular
emphasis shall be placed on the identification of military programs
which have previously been deemed acceptable by the department as equiv-
alent education and training, programs which may provide, where applica-
ble, equivalent education and training for those professions which are
critical to public health and safety and programs which may provide,
where applicable, equivalent education and training for those
professions for which shortages exist in the state of New York.
§ 7. The opening paragraph of section 5-211 of the election law, as
separately amended by chapters 587 and 672 of the laws of 2019, is
amended to read as follows:
Each agency designated as a participating agency under the provisions
of this section shall implement and administer a program of distribution
of voter registration forms pursuant to the provisions of this section.
The following offices which provide public assistance and/or provide
state funded programs primarily engaged in providing services to persons
with disabilities are hereby designated as voter registration agencies:
designated as the state agencies which provide public assistance are the
office of children and family services, the office of temporary and
disability assistance and the department of health. Also designated as
public assistance agencies are all agencies of local government that
provide such assistance. Designated as state agencies that provide
programs primarily engaged in providing services to people with disabil-
ities are the department of labor, office for the aging, [division]
S. 7526 42
DEPARTMENT of veterans' services, office of mental health, office of
vocational and educational services for individuals with disabilities,
commission on quality of care for the mentally disabled, office for
people with developmental disabilities, commission for the blind, office
of [alcoholism and substance abuse services] ADDICTION SERVICES AND
SUPPORTS, the office of the advocate for the disabled and all offices
which administer programs established or funded by such agencies. Addi-
tional participating agencies designated as voter registration offices
are the department of state and the district offices of the workers'
compensation board. Such agencies shall be required to offer voter
registration forms to persons upon initial application for services,
renewal or recertification for services and upon change of address
relating to such services. Such agencies shall also be responsible for
providing assistance to applicants in completing voter registration
forms, receiving and transmitting the completed application form from
all applicants who wish to have such form transmitted to the appropriate
board of elections. The state board of elections shall, together with
representatives of the United States department of defense, develop and
implement procedures for including recruitment offices of the armed
forces of the United States as voter registration offices when such
offices are so designated by federal law. The state board of elections
shall also make request of the United States Citizenship and Immigration
Services to include applications for registration by mail with any mate-
rials which are given to new citizens.
§ 8. Subdivision 3 of section 11-0707 of the environmental conserva-
tion law, as amended by chapter 322 of the laws of 2021, is amended to
read as follows:
3. Any person who is a patient at any facility in this state main-
tained by the United States Veterans Health Administration or at any
hospital or sanitorium for treatment of tuberculosis maintained by the
state or any municipal corporation thereof or resident patient at any
institution of the department of Mental Hygiene, or resident patient at
the rehabilitation hospital of the department of Health, or at any rest
camp maintained by the state through the [Division] DEPARTMENT of Veter-
ans' Services [in the Executive Department] or any incarcerated individ-
ual of a conservation work camp within the youth rehabilitation facility
of the department of corrections and community supervision, or any
incarcerated individual of a youth opportunity or youth rehabilitation
center within the Office of Children and Family Services, any resident
of a nursing home or residential health care facility as defined in
subdivisions two and three of section twenty-eight hundred one of the
public health law, or any staff member or volunteer accompanying or
assisting one or more residents of such nursing home or residential
health care facility on an outing authorized by the administrator of
such nursing home or residential health care facility may take fish as
if he or she held a fishing license, except that he or she may not take
bait fish by net or trap, if he or she has on his or her person an
authorization upon a form furnished by the department containing such
identifying information and data as may be required by it, and signed by
the superintendent or other head of such facility, institution, hospi-
tal, sanitarium, nursing home, residential health care facility or rest
camp, as the case may be, or by a staff physician thereat duly author-
ized so to do by the superintendent or other head thereof. Such authori-
zation with respect to incarcerated individuals of said conservation
work camps shall be limited to areas under the care, custody and control
of the department.
S. 7526 43
§ 9. Subdivisions 8, 9 and 10 of section 31 of the executive law,
subdivision 8 as amended by section 2 of part AA of chapter 56 of the
laws of 2019, subdivision 9 as amended by section 106 of subpart B of
part C of chapter 62 of the laws of 2011 and subdivision 10 as amended
by section 8 of part O of chapter 55 of the laws of 2012, are amended to
read as follows:
8. [The division of veterans' services.
9.] The division of homeland security and emergency services.
[10.] 9. Office of information technology services.
§ 10. Subdivision 1 of section 191 of the executive law, as amended by
section 3 of part AA of chapter 56 of the laws of 2019, is amended to
read as follows:
1. There is hereby established within the division of military and
naval affairs a temporary advisory committee on the restoration and
display of New York state's military battle flags (hereinafter referred
to as the "committee"). The committee shall have thirteen members as
follows: the adjutant general, the director of the New York state mili-
tary heritage museum, the commissioners of education and parks, recre-
ation and historic preservation and the [director] COMMISSIONER of the
[division] DEPARTMENT of veterans' services, or their designated repre-
sentatives, two members appointed each by the governor, speaker of the
assembly and majority leader of the senate and one member each appointed
by the minority leaders of the senate and assembly and shall serve at
the pleasure of the appointing authority. Appointed members shall
include individuals with experience in restoration of historical memora-
bilia, expertise in military history, or a background in historical
restoration or fine arts conservation. No appointed member shall be a
member of the executive, legislative or judicial branch of the state
government at the time of his/her appointment. The advisory committee
shall meet at least four times a year. No members shall receive any
compensation, but members who are not state officials may receive actual
and necessary expenses incurred in the performance of their duties.
§ 11. Subdivision 1 of section 643 of the executive law, as amended by
section 14 of part AA of chapter 56 of the laws of 2019, is amended to
read as follows:
1. As used in this section, "crime victim-related agency" means any
agency of state government which provides services to or deals directly
with crime victims, including (a) the office of children and family
services, the office for the aging, the [division] DEPARTMENT of veter-
ans' services, the office of probation and correctional alternatives,
the department of corrections and community supervision, the office of
victim services, the department of motor vehicles, the office of voca-
tional rehabilitation, the workers' compensation board, the department
of health, the division of criminal justice services, the office of
mental health, every transportation authority and the division of state
police, and (b) any other agency so designated by the governor within
ninety days of the effective date of this section.
§ 12. Section 99-v of the general municipal law, as amended by section
25 of part AA of chapter 56 of the laws of 2019, is amended to read as
follows:
§ 99-v. Veterans services; display of events. Each county, city, town
or village may adopt a local law to provide a bulletin board to be
conspicuously displayed in such county, city, town or village building
holding its local legislative body or municipal offices. Such bulletin
board shall be used by veterans organizations, the New York state [divi-
sion] DEPARTMENT of veterans' services, the county veterans service
S. 7526 44
agency or city veterans service agency to display information regarding
veterans in such county, city, town or village. Such information may
include, but not be limited to, benefits or upcoming veterans related
events in the community.
§ 13. Subdivision 1 of section 168 of the labor law, as amended by
chapter 322 of the laws of 2021, is amended to read as follows:
1. This section shall apply to all persons employed by the state in
the ward, cottage, colony, kitchen and dining room, and guard service
personnel in any hospital, school, prison, reformatory or other institu-
tion within or subject to the jurisdiction, supervision, control or
visitation of the department of corrections and community supervision,
the department of health, the department of mental hygiene, the depart-
ment of social welfare or the [division] DEPARTMENT of veterans'
services [in the executive department], and engaged in the performance
of such duties as nursing, guarding or attending the incarcerated indi-
viduals, patients, wards or other persons kept or housed in such insti-
tutions, or in protecting and guarding the buildings and/or grounds
thereof, or in preparing or serving food therein.
§ 14. Paragraph 5 of subdivision (b) of section 5.06 of the mental
hygiene law, as amended by section 31 of part AA of chapter 56 of the
laws of 2019, is amended to read as follows:
(5) one member appointed on the recommendation of the state [director]
COMMISSIONER of the [division] DEPARTMENT of veterans' services and one
member appointed on the recommendation of the adjutant general of the
division of military and naval affairs, at least one of whom shall be a
current or former consumer of mental health services or substance use
disorder services who is a veteran who has served in a combat theater or
combat zone of operations and is a member of a veterans organization;
§ 15. Subdivision (l) of section 7.09 of the mental hygiene law, as
added by chapter 378 of the laws of 2019, is amended to read as follows:
(l) Notwithstanding any general or special law to the contrary, the
commissioner, in conjunction with the commissioner of [alcoholism and
substance abuse services] ADDICTION SERVICES AND SUPPORTS and the direc-
tor of the [division] DEPARTMENT of veterans' services shall develop a
public education initiative designed to eliminate stigma and misinforma-
tion about mental illness and substance use among service members,
veterans, and their families, improve their understanding of mental and
substance use disorders and the existence of effective treatment, and
provide information regarding available resources and how to access
them. These public education initiatives may include the use of the
internet, including the use of social networking sites.
§ 16. Subdivision (g) of section 202 of the not-for-profit corporation
law, as amended by section 33 of part AA of chapter 56 of the laws of
2019, is amended to read as follows:
(g) Every corporation receiving any kind of state funding shall ensure
the provision on any form required to be completed at application or
recertification for the purpose of obtaining financial assistance pursu-
ant to this chapter, that the application form shall contain a check-off
question asking whether the applicant or recipient or a member of his or
her family served in the United States military, and an option to answer
in the affirmative. Where the applicant or recipient answers in the
affirmative to such question, the not-for-profit corporation shall
ensure that contact information for the state [division] DEPARTMENT of
veterans' services is provided to such applicant or recipient in addi-
tion to any other materials provided.
S. 7526 45
§ 17. Subdivision (b) of section 1401 of the not-for-profit corpo-
ration law, as amended by section 34 of part AA of chapter 56 of the
laws of 2019, is amended to read as follows:
(b) Removal of remains from private cemeteries to other cemeteries.
The supervisor of any town containing a private cemetery may remove any
body interred in such cemetery to any other cemetery within the town, if
the owners of such cemeteries and the next of kin of the deceased
consent to such removal. The owners of a private cemetery may remove the
bodies interred therein to any other cemetery within such town, or to
any cemetery designated by the next of kin of the deceased. Notice of
such removal shall be given within twenty days before such removal
personally or by certified mail to the next of kin of the deceased if
known and to the clerk and historian of the county in which such real
property is situated and notice shall be given to the New York state
department of state, division of cemeteries. If any of the deceased are
known to be veterans, the owners shall also notify the [division]
DEPARTMENT of veterans' services. In the absence of the next of kin, the
county clerk, county historian or the [division] DEPARTMENT of veterans'
services may act as a guardian to ensure proper reburial.
§ 18. Subdivision 2 of section 3802 of the public health law, as
amended by section 23 of part AA of chapter 56 of the laws of 2019, is
amended to read as follows:
2. In the exercise of the foregoing powers and duties the commissioner
shall consult with the [director] COMMISSIONER of the [division] DEPART-
MENT of veterans' services and the heads of state agencies charged with
responsibility for manpower and health resources.
§ 19. Subdivision 3 of section 3803 of the public health law, as
amended by section 24 of part AA of chapter 56 of the laws of 2019, is
amended to read as follows:
3. In exercising any of his or her powers under this section, the
commissioner shall consult with appropriate health care professionals,
providers, veterans or organizations representing them, the [division]
DEPARTMENT of veterans' services, the United States department of veter-
ans affairs and the United States defense department.
§ 20. Paragraph (j) of subdivision 3 of section 20 of the social
services law, as amended by section 32 of part AA of chapter 56 of the
laws of 2019, is amended to read as follows:
(j) to ensure the provision, on any form required to be completed at
application or recertification for the purpose of obtaining financial
assistance pursuant to this chapter, the form shall contain a check-off
question asking whether the applicant or recipient or a member of his or
her family served in the United States military, and an option to answer
in the affirmative. Where the applicant or recipient answers in the
affirmative to such question, the office of temporary and disability
assistance shall ensure that contact information for the state [divi-
sion] DEPARTMENT of veterans' services is provided to such applicant or
recipient addition to any other materials provided.
§ 21. Subdivisions 3 and 4 of section 95-f of the state finance law,
as amended by section 15 of part AA of chapter 56 of the laws of 2019,
are amended to read as follows:
3. Monies of the fund shall be expended for the provision of veterans'
counseling services provided by local veterans' service agencies pursu-
ant to section [three hundred fifty-seven] FOURTEEN of the [executive]
VETERANS' SERVICES law under the direction of the [division] DEPARTMENT
of veterans' services.
S. 7526 46
4. To the extent practicable, the [director] COMMISSIONER of the
[division] DEPARTMENT of veterans' services shall ensure that all monies
received during a fiscal year are expended prior to the end of that
fiscal year.
§ 22. The opening paragraph of subdivision 2-a and subdivision 5 of
section 97-mmmm of the state finance law, as amended by section 16 of
part AA of chapter 56 of the laws of 2019, are amended to read as
follows:
On or before the first day of February each year, the [director]
COMMISSIONER of the New York state [division] DEPARTMENT of veterans'
services shall provide a written report to the temporary president of
the senate, speaker of the assembly, chair of the senate finance commit-
tee, chair of the assembly ways and means committee, chair of the senate
committee on veterans, homeland security and military affairs, chair of
the assembly veterans' affairs committee, the state comptroller and the
public. Such report shall include how the monies of the fund were
utilized during the preceding calendar year, and shall include:
5. Moneys shall be payable from the fund on the audit and warrant of
the comptroller on vouchers approved and certified by the [director]
COMMISSIONER of the [division] DEPARTMENT of veterans' services.
§ 23. The opening paragraph of subdivision 2-a and subdivision 4 of
section 99-v of the state finance law, as amended by section 17 of part
AA of chapter 56 of the laws of 2019, are amended to read as follows:
On or before the first day of February each year, the [director]
COMMISSIONER of the New York state [division] DEPARTMENT of veterans'
services shall provide a written report to the temporary president of
the senate, speaker of the assembly, chair of the senate finance commit-
tee, chair of the assembly ways and means committee, chair of the senate
committee on veterans, homeland security and military affairs, chair of
the assembly veterans' affairs committee, the state comptroller and the
public. Such report shall include how the monies of the fund were
utilized during the preceding calendar year, and shall include:
4. Moneys of the fund shall be expended only for the assistance and
care of homeless veterans, for housing and housing-related expenses, as
determined by the [division] DEPARTMENT of veterans' services.
§ 24. Subdivision 1 of section 20 of chapter 784 of the laws of 1951,
constituting the New York state defense emergency act, as amended by
section 38 of part AA of chapter 56 of the laws of 2019, is amended to
read as follows:
1. There is hereby continued in the division of military and naval
affairs in the executive department a state civil defense commission to
consist of the same members as the members of the disaster preparedness
commission as established in article two-B of the executive law. In
addition, the superintendent of financial services, the chairperson of
the workers' compensation board and the [director] COMMISSIONER of the
[division] DEPARTMENT of veterans' services shall be members. The gover-
nor shall designate one of the members of the commission to be the
chairperson thereof. The commission may provide for its division into
subcommittees and for action by such subcommittees with the same force
and effect as action by the full commission. The members of the commis-
sion, except for those who serve ex officio, shall be allowed their
actual and necessary expenses incurred in the performance of their
duties under this article but shall receive no additional compensation
for services rendered pursuant to this article.
S. 7526 47
§ 25. Paragraph 2 of subdivision b of section 31-102 of the adminis-
trative code of the city of New York, as amended by section 39 of part
AA of chapter 56 of the laws of 2019, is amended to read as follows:
2. links to websites describing veteran employment services provided
by the federal government and New York state government, including, but
not limited to, the websites of the United States department of labor,
the New York state department of labor, the United States department of
veterans affairs, and the New York state [division] DEPARTMENT of veter-
ans' services; and
§ 26. Subdivision a of section 3102 of the New York city charter, as
amended by section 40 of part AA of chapter 56 of the laws of 2019, is
amended to read as follows:
a. Except as otherwise provided by law, the commissioner shall have
such powers as provided by the [director] COMMISSIONER of the state
DEPARTMENT veterans' [service agency] SERVICES' and shall have the duty
to inform military and naval authorities of the United States and assist
members of the armed forces and veterans, who are residents of the city,
and their families, in relation to: (1) matters pertaining to educa-
tional training and retraining services and facilities, (2) health,
medical and rehabilitation service and facilities, (3) provisions of
federal, state and local laws and regulations affording special rights
and privileges to members of the armed forces and veterans and their
families, (4) employment and re-employment services, and (5) other
matters of similar, related or appropriate nature. The commissioner
shall also assist families of members of the reserve components of the
armed forces and the organized militia ordered into active duty to
ensure that they are made aware of and are receiving all appropriate
support available to them. The department also shall perform such other
duties as may be assigned by the state [director] COMMISSIONER of the
[division] DEPARTMENT of veterans' services.
§ 27. Subdivision 1 of section 143 of the state finance law, as
amended by chapter 96 of the laws of 2019, is amended to read as
follows:
1. Notwithstanding any inconsistent provision of any general or
special law, the board, division, department, bureau, agency, officer or
commission of the state charged with the duty of preparing plans and
specifications for and awarding or entering into contracts for the
performance of public work may require the payment of a fixed sum of
money, not exceeding one hundred dollars, for each copy of such plans
and specifications, by persons or corporations desiring a copy thereof.
Any person or corporation desiring a copy of such plans and specifica-
tions and making the deposit required by this section shall be furnished
with one copy of the plans and specifications. Notwithstanding the fore-
going, where payment is required it shall be waived upon request by
minority- and women-owned business enterprises certified pursuant to
article fifteen-A of the executive law or by service-disabled veteran-
owned business enterprises certified pursuant to article [seventeen-B]
THREE of the [executive] VETERANS' SERVICES law. Such payment may also
be waived when such plans and specifications are made available and
obtained electronically or in any non-paper form from the board, divi-
sion, department, bureau, agency, officer or commission of the state.
§ 28. Paragraph j of subdivision 1 and subdivisions 6 and 6-d of
section 163 of the state finance law, paragraph j of subdivision 1 as
amended by chapter 569 of the laws of 2015, subdivision 6 as amended by
chapter 257 of the laws of 2021 and subdivision 6-d as added by chapter
96 of the laws of 2019, are amended to read as follows:
S. 7526 48
j. "Best value" means the basis for awarding contracts for services to
the offerer which optimizes quality, cost and efficiency, among respon-
sive and responsible offerers. Such basis shall reflect, wherever possi-
ble, objective and quantifiable analysis. Such basis may also identify a
quantitative factor for offerers that are small businesses, certified
minority- or women-owned business enterprises as defined in subdivisions
one, seven, fifteen and twenty of section three hundred ten of the exec-
utive law or service-disabled veteran-owned business enterprises as
defined in subdivision one of section [three hundred sixty-nine-h] FORTY
of the [executive] VETERANS' SERVICES law to be used in evaluation of
offers for awarding of contracts for services.
6. Discretionary buying thresholds. Pursuant to guidelines established
by the state procurement council: the commissioner may purchase services
and commodities for the office of general services or its customer agen-
cies serviced by the office of general services business services center
in an amount not exceeding eighty-five thousand dollars without a formal
competitive process; state agencies may purchase services and commod-
ities in an amount not exceeding fifty thousand dollars without a formal
competitive process; and state agencies may purchase commodities or
services from small business concerns or those certified pursuant to
[articles] ARTICLE fifteen-A [and seventeen-B] of the executive law AND
ARTICLE THREE OF THE VETERANS' SERVICES LAW, or commodities or technolo-
gy that are recycled or remanufactured in an amount not exceeding five
hundred thousand dollars without a formal competitive process and for
commodities that are food, including milk and milk products, grown,
produced or harvested in New York state in an amount not to exceed two
hundred thousand dollars, without a formal competitive process.
6-d. Pursuant to the authority provided in subdivision six of this
section, state agencies shall report annually on a fiscal year basis by
July first of the ensuing year to the director of the division of minor-
ity and women-owned business development the total number and total
value of contracts awarded to businesses certified pursuant to article
fifteen-A of the executive law, and with respect to contracts awarded to
businesses certified pursuant to article [seventeen-B] THREE of the
[executive] VETERANS' SERVICES law such information shall be reported to
the division of service-disabled veteran-owned business enterprises for
inclusion in their respective annual reports.
§ 29. Paragraph (f) of subdivision 5 of section 87 of the cannabis law
is amended to read as follows:
(f) "Service-disabled veterans" shall mean persons qualified under
article [seventeen-B] THREE of the [executive] VETERANS' SERVICES law.
§ 30. Subdivision 6 of section 224-d of the labor law, as added by
section 2 of part AA of chapter 56 of the laws of 2021, is amended to
read as follows:
6. Each owner and developer subject to the requirements of this
section shall comply with the objectives and goals of certified minority
and women-owned business enterprises pursuant to article fifteen-A of
the executive law and certified service-disabled veteran-owned busi-
nesses pursuant to article [seventeen-B] THREE of the [executive] VETER-
ANS' SERVICES law. The department in consultation with the [directors]
COMMISSIONER of the division of minority and women's business develop-
ment and THE DIRECTOR of the division of service-disabled veterans'
business development shall make training and resources available to
assist minority and women-owned business enterprises and service-disa-
bled veteran-owned business enterprises on covered renewable energy
systems to achieve and maintain compliance with prevailing wage require-
S. 7526 49
ments. The department shall make such training and resources available
online and shall afford minority and women-owned business enterprises
and service-disabled veteran-owned business enterprises an opportunity
to submit comments on such training.
§ 31. Subdivision 3 of section 103-a of the state technology law, as
added by chapter 427 of the laws of 2017, is amended to read as follows:
3. The director shall conduct an outreach campaign informing the
public of the iCenter and shall conduct specific outreach to minority
and women-owned business enterprises certified pursuant to article
fifteen-A of the executive law, small businesses as such term is defined
in section one hundred thirty-one of the economic development law, and
service disabled veteran owned business enterprises certified pursuant
to article [seventeen-B] THREE of the [executive] VETERANS' SERVICES law
to inform such businesses of iCenter initiatives.
§ 32. Section 831 of the county law, as amended by chapter 490 of the
laws of 2019, is amended to read as follows:
§ 831. Soldier burial plots in Dutchess county. The legislature of the
county of Dutchess may authorize the purchase of burial plots and
provide for marker settings and perpetual care and maintenance of such
plots in one or more of the cemeteries of the county of Dutchess for
deceased veterans, who, at the time of death, were residents of the
county of Dutchess and who (i) were discharged from the armed forces of
the United States either honorably or under honorable circumstances, or
(ii) had a qualifying condition, as defined in section [three hundred
fifty] ONE of the [executive] VETERANS' SERVICES law, and received a
discharge other than bad conduct or dishonorable, or (iii) were a
discharged LGBT veteran, as defined in section [three hundred fifty] ONE
of the [executive] VETERANS' SERVICES law, and received a discharge
other than bad conduct or dishonorable. The expense thereof shall be a
county charge.
§ 33. Subdivision 6 of section 210 of the economic development law, as
amended by chapter 490 of the laws of 2019, is amended to read as
follows:
6. "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 (a) has received an honorable or general
discharge from such service, or (b) has a qualifying condition, as
defined in section [three hundred fifty] ONE of the [executive] VETER-
ANS' SERVICES law, and has received a discharge other than bad conduct
or dishonorable from such service, or (c) is a discharged LGBT veteran,
as defined in section [three hundred fifty] ONE of the [executive]
VETERANS' SERVICES law, and has received a discharge other than bad
conduct or dishonorable from such service.
§ 34. Paragraph 1 of subdivision (a) of section 42 of the correction
law, as amended by chapter 322 of the laws of 2021, is amended to read
as follows:
1. There shall be within the commission a citizen's policy and
complaint review council. It shall consist of nine persons to be
appointed by the governor, by and with the advice and consent of the
senate. One person so appointed shall have served in the armed forces of
the United States in any foreign war, conflict or military occupation,
who (i) was discharged therefrom under other than dishonorable condi-
tions, or (ii) has a qualifying condition, as defined in section [three
hundred fifty] ONE of the [executive] VETERANS' SERVICES law, and has
received a discharge other than bad conduct or dishonorable from such
S. 7526 50
service, or (iii) is a discharged LGBT veteran, as defined in section
[three hundred fifty] ONE of the [executive] VETERANS' SERVICES law, and
has received a discharge other than bad conduct or dishonorable from
such service, or shall be a duly licensed mental health professional who
has professional experience or training with regard to post-traumatic
stress syndrome. One person so appointed shall be an attorney admitted
to practice in this state. One person so appointed shall be a former
incarcerated individual of a correctional facility. One person so
appointed shall be a former correction officer. One person so appointed
shall be a former resident of a division for youth secure center or a
health care professional duly licensed to practice in this state. One
person so appointed shall be a former employee of the office of children
and family services who has directly supervised youth in a secure resi-
dential center operated by such office. In addition, the governor shall
designate one of the full-time members other than the [chairman] CHAIR
of the commission as [chairman] CHAIR of the council to serve as such at
the pleasure of the governor.
§ 35. Paragraph (b) of subdivision 5 of section 50 of the civil
service law, as amended by chapter 490 of the laws of 2019, is amended
to read as follows:
(b) Notwithstanding the provisions of paragraph (a) of this subdivi-
sion, the state civil service department, subject to the approval of the
director of the budget, a municipal commission, subject to the approval
of the governing board or body of the city or county, as the case may
be, or a regional commission or personnel officer, pursuant to govern-
mental agreement, may elect to waive application fees, or to abolish
fees for specific classes of positions or types of examinations or
candidates, or to establish a uniform schedule of reasonable fees
different from those prescribed in paragraph (a) of this subdivision,
specifying in such schedule the classes of positions or types of exam-
inations or candidates to which such fees shall apply; provided, howev-
er, that fees shall be waived for candidates who certify to the state
civil service department, a municipal commission or a regional commis-
sion that they are unemployed and primarily responsible for the support
of a household, or are receiving public assistance. Provided further,
the state civil service department shall waive the state application fee
for examinations for original appointment for all veterans. Notwith-
standing any other provision of law, for purposes of this section, the
term "veteran" shall mean a person who has served in the armed forces of
the United States or the reserves thereof, or in the army national
guard, air national guard, New York guard, or the New York naval mili-
tia, and who (1) has been honorably discharged or released from such
service under honorable conditions, or (2) has a qualifying condition,
as defined in section [three hundred fifty] ONE of the [executive]
VETERANS' SERVICES 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] ONE of the [execu-
tive] VETERANS' SERVICES law, and has received a discharge other than
bad conduct or dishonorable from such service. The term "armed forces"
shall mean the army, navy, air force, marine corps, and coast guard.
§ 36. Paragraph (b) of subdivision 1 of section 75 of the civil
service law, as amended by chapter 490 of the laws of 2019, is amended
to read as follows:
(b) a person holding a position by permanent appointment or employment
in the classified service of the state or in the several cities, coun-
ties, towns, or villages thereof, or in any other political or civil
S. 7526 51
division of the state or of a municipality, or in the public school
service, or in any public or special district, or in the service of any
authority, commission or board, or in any other branch of public
service, who was honorably discharged or released under honorable
circumstances from the armed forces of the United States including (i)
having a qualifying condition as defined in section [three hundred
fifty] ONE of the [executive] VETERANS' SERVICES law, and receiving a
discharge other than bad conduct or dishonorable from such service, or
(ii) being a discharged LGBT veteran, as defined in section [three
hundred fifty] ONE of the [executive] VETERANS' SERVICES law, and
receiving a discharge other than bad conduct or dishonorable from such
service, having served therein as such member in time of war as defined
in section eighty-five of this chapter, or who is an exempt volunteer
firefighter as defined in the general municipal law, except when a
person described in this paragraph holds the position of private secre-
tary, cashier or deputy of any official or department, or
§ 37. Paragraph (a) of subdivision 1 of section 85 of the civil
service law, as amended by chapter 608 of the laws of 2021, is amended
to read as follows:
(a) The terms "veteran" and "non-disabled veteran" mean a member of
the armed forces of the United States who was honorably discharged or
released under honorable circumstances from such service including (i)
having a qualifying condition as defined in section [three hundred
fifty] ONE of the [executive] VETERANS' SERVICES law, and receiving a
discharge other than bad conduct or dishonorable from such service, or
(ii) being a discharged LGBT veteran, as defined in section [three
hundred fifty] ONE of the [executive] VETERANS' SERVICES law, and
receiving a discharge other than bad conduct or dishonorable from such
service, who is a citizen of the United States or an alien lawfully
admitted for permanent residence in the United States and who is a resi-
dent of the state of New York at the time of application for appointment
or promotion or at the time of retention, as the case may be.
§ 38. Section 86 of the civil service law, as amended by chapter 490
of the laws of 2019, is amended to read as follows:
§ 86. Transfer of veterans or exempt volunteer firefighters upon abol-
ition of positions. If the position in the non-competitive or in the
labor class held by any honorably discharged veteran of the armed forces
of the United States or by any veteran of the armed forces of the United
States released under honorable circumstances from such service includ-
ing (i) having a qualifying condition as defined in section [three
hundred fifty] ONE of the [executive] VETERANS' SERVICES law, and
receiving a discharge other than bad conduct or dishonorable from such
service, or (ii) being a discharged LGBT veteran, as defined in section
[three hundred fifty] ONE of the [executive] VETERANS' SERVICES law, and
receiving a discharge other than bad conduct or dishonorable from such
service, who served therein in time of war as defined in section eight-
y-five of this chapter, or by an exempt volunteer firefighter as defined
in the general municipal law, shall become unnecessary or be abolished
for reasons of economy or otherwise, the honorably discharged veteran or
exempt volunteer firefighter holding such position shall not be
discharged from the public service but shall be transferred to a similar
position wherein a vacancy exists, and shall receive the same compen-
sation therein. It is hereby made the duty of all persons clothed with
the power of appointment to make such transfer effective. The right to
transfer herein conferred shall continue for a period of one year
following the date of abolition of the position, and may be exercised
S. 7526 52
only where a vacancy exists in an appropriate position to which transfer
may be made at the time of demand for transfer. Where the positions of
more than one such veteran or exempt volunteer firefighter are abolished
and a lesser number of vacancies in similar positions exist to which
transfer may be made, the veterans or exempt volunteer firefighters
whose positions are abolished shall be entitled to transfer to such
vacancies in the order of their original appointment in the service.
Nothing in this section shall be construed to apply to the position of
private secretary, cashier or deputy of any official or department. This
section shall have no application to persons encompassed by section
eighty-a of this chapter.
§ 39. Section 13-b of the domestic relations law, as amended by chap-
ter 306 of the laws of 2021, is amended to read as follows:
§ 13-b. Time within which marriage may be solemnized. A marriage shall
not be solemnized within twenty-four hours after the issuance of the
marriage license, unless authorized by an order of a court of record as
hereinafter provided, nor shall it be solemnized after sixty days from
the date of the issuance of the marriage license unless authorized
pursuant to section [three hundred fifty-four-d] TEN of the [executive]
VETERANS' SERVICES law. Every license to marry hereafter issued by a
town or city clerk, in addition to other requirements specified by this
chapter, must contain a statement of the day and the hour the license is
issued and the period during which the marriage may be solemnized. It
shall be the duty of the clergyman or magistrate performing the marriage
ceremony, or if the marriage is solemnized by written contract, of the
judge before whom the contract is acknowledged, to annex to or endorse
upon the marriage license the date and hour the marriage is solemnized.
A judge or justice of the supreme court of this state or the county
judge of the county in which either party to be married resides, or the
judge of the family court of such county, if it shall appear from an
examination of the license and any other proofs submitted by the parties
that one of the parties is in danger of imminent death, or by reason of
other emergency public interest will be promoted thereby, or that such
delay will work irreparable injury or great hardship upon the contract-
ing parties, or one of them, may, make an order authorizing the immedi-
ate solemnization of the marriage and upon filing such order with the
clergyman or magistrate performing the marriage ceremony, or if the
marriage is to be solemnized by written contract, with the judge before
whom the contract is acknowledged, such clergyman or magistrate may
solemnize such marriage, or such judge may take such acknowledgment as
the case may be, without waiting for such three day period and twenty-
four hour period to elapse. The clergyman, magistrate or judge must file
such order with the town or city clerk who issued the license within
five days after the marriage is solemnized. Such town or city clerk must
record and index the order in the book required to be kept by him or her
for recording affidavits, statements, consents and licenses, and when so
recorded the order shall become a public record and available in any
prosecution under this section. A person who shall solemnize a marriage
in violation of this section shall be guilty of a misdemeanor and upon
conviction thereof shall be punished by a fine of fifty dollars for each
offense, and in addition thereto, his or her right to solemnize a
marriage shall be suspended for ninety days.
§ 40. Paragraph c of subdivision 1 of section 360 of the education
law, as amended by chapter 490 of the laws of 2019, is amended to read
as follows:
S. 7526 53
c. Adopt and enforce campus rules and regulations not inconsistent
with the vehicle and traffic law relating to parking, vehicular and
pedestrian traffic, and safety. Such rules and regulations may include
provisions for the disposition of abandoned vehicles, removal by towing
or otherwise of vehicles parked in violation of such rules at the
expense of the owner, the payment of fees for the registration or park-
ing of such vehicles, provided that such campus rules and regulations
may provide that any veteran attending the state university as a student
shall be exempt from any fees for parking or registering a motor vehi-
cle, and the assessment of administrative fines upon the owner or opera-
tor of such vehicles for each violation of the regulations. However, no
such fine may be imposed without a hearing or an opportunity to be heard
conducted by an officer or board designated by the board of trustees.
Such fines, in the case of an officer or employee of state university,
may be deducted from the salary or wages of such officer or employee
found in violation of such regulations, or in the case of a student of
state university found in violation of such regulations, the university
may withhold his OR HER grades and transcripts until such time as any
fine is paid. For purposes of this subdivision, the term "veteran" shall
mean a member of the armed forces of the United States who served in
such armed forces in time of war and who (i) was honorably discharged or
released under honorable circumstances from such service, or (ii) has a
qualifying condition, as defined in section [three hundred fifty] ONE of
the [executive] VETERANS' SERVICES law, and has received a discharge
other than bad conduct or dishonorable from such service, or (iii) is a
discharged LGBT veteran, as defined in section [three hundred fifty] ONE
of the [executive] VETERANS' SERVICES law, and has received a discharge
other than bad conduct or dishonorable from such service.
§ 41. The opening paragraph of subdivision 6, subdivision 7, paragraph
c of subdivision 9, and paragraph a of subdivisions 10 and 10-a of
section 503 of the education law, as amended by chapter 490 of the laws
of 2019, are amended to read as follows:
Credit for service in war after world war I, which shall mean military
service during the period commencing the first day of July, nineteen
hundred forty, and terminating the thirtieth day of June, nineteen
hundred forty-seven, or during the period commencing the twenty-seventh
day of June, nineteen hundred fifty, and terminating the thirty-first
day of January, nineteen hundred fifty-five, or during both such peri-
ods, as a member of the armed forces of the United States, of any person
who (i) has been honorably discharged or released under honorable
circumstances from such service, or (ii) has a qualifying condition, as
defined in section [three hundred fifty] ONE of the [executive] VETER-
ANS' SERVICES law, and has received a discharge other than bad conduct
or dishonorable from such service, or (iii) is a discharged LGBT veter-
an, as defined in section [three hundred fifty] ONE of the [executive]
VETERANS' SERVICES law, and has received a discharge other than bad
conduct or dishonorable from such service, or service by one who was
employed by the War Shipping Administration or Office of Defense Trans-
portation or their agents as a merchant seaman documented by the United
States Coast Guard or Department of Commerce, or as a civil servant
employed by the United States Army Transport Service (later redesignated
as the United States Army Transportation Corps, Water Division) or the
Naval Transportation Service; and who served satisfactorily as a crew
member during the period of armed conflict, December seventh, nineteen
hundred forty-one, to August fifteenth, nineteen hundred forty-five,
aboard merchant vessels in oceangoing, i.e., foreign, intercoastal, or
S. 7526 54
coastwise service as such terms are defined under federal law (46 USCA
10301 & 10501) and further to include "near foreign" voyages between the
United States and Canada, Mexico, or the West Indies via ocean routes,
or public vessels in oceangoing service or foreign waters and who has
received a Certificate of Release or Discharge from Active Duty and a
discharge certificate, or an Honorable Service Certificate/Report of
Casualty, from the Department of Defense or who served as a United
States civilian employed by the American Field Service and served over-
seas under United States Armies and United States Army Groups in world
war II during the period of armed conflict, December seventh, nineteen
hundred forty-one through May eighth, nineteen hundred forty-five, and
(iv) who was discharged or released therefrom under honorable condi-
tions, or (v) has a qualifying condition, as defined in section [three
hundred fifty] ONE of the [executive] VETERANS' SERVICES law, and has
received a discharge other than bad conduct or dishonorable from such
service, or (vi) is a discharged LGBT veteran, as defined in section
[three hundred fifty] ONE of the [executive] VETERANS' SERVICES law, and
has received a discharge other than bad conduct or dishonorable from
such service, or who served as a United States civilian Flight Crew and
Aviation Ground Support Employee of Pan American World Airways or one of
its subsidiaries or its affiliates and served overseas as a result of
Pan American's contract with Air Transport Command or Naval Air Trans-
port Service during the period of armed conflict, December fourteenth,
nineteen hundred forty-one through August fourteenth, nineteen hundred
forty-five, and who (vii) was discharged or released therefrom under
honorable conditions, or (viii) has a qualifying condition, as defined
in section [three hundred fifty] ONE of the [executive] VETERANS'
SERVICES law, and has received a discharge other than bad conduct or
dishonorable from such service, or (ix) is a discharged LGBT veteran, as
defined in section [three hundred fifty] ONE of the [executive] VETER-
ANS' SERVICES law, and has received a discharge other than bad conduct
or dishonorable from such service, and who was a teacher in the public
schools of this state at the time of his OR HER entrance into the armed
forces of the United States, provided no compensation was received under
the provisions of section two hundred forty-two of the military law, and
who returned to public school teaching following discharge or completion
of advanced education provided under servicemen's readjustment act of
nineteen hundred forty-four, or who following such discharge or release
entered into a service which would qualify him OR HER pursuant to
section forty-three of the retirement and social security law to trans-
fer his OR HER membership in the New York state teachers' retirement
system, shall be provided as follows, any provisions of section two
hundred forty-three of the military law to the contrary notwithstanding.
7. A teacher, who was a member of the New York state teachers retire-
ment system but who withdrew his OR HER accumulated contributions imme-
diately prior to his OR HER entry into, or during his OR HER service in
the armed forces of the United States in war after World War I, who (i)
has been honorably discharged or released from service, or (ii) has a
qualifying condition, as defined in section [three hundred fifty] ONE of
the [executive] VETERANS' SERVICES law, and has received a discharge
other than bad conduct or dishonorable from such service, or (iii) is a
discharged LGBT veteran, as defined in section [three hundred fifty] ONE
of the [executive] VETERANS' SERVICES law, and has received a discharge
other than bad conduct or dishonorable from such service, provided no
compensation was received under the provisions of section two hundred
forty-two of the military law, and who returned to public school teach-
S. 7526 55
ing in the state of New York following such discharge or release, or
following completion of advanced education provided under servicemen's
readjustment act of nineteen hundred forty-four, any provisions of
section two hundred forty-three of the military law to the contrary
notwithstanding, will be entitled to credit for service in war after
World War I, cost free, provided, however, that such credit will not be
allowed until he OR SHE claims and pays for all prior teaching service
credited to him OR HER at the time of his OR HER termination of member-
ship in the New York state teachers retirement system, and provided
further that claim for such service in war after World War I shall be
filed by the member with the retirement board before the first day of
July, nineteen hundred sixty-eight.
c. (i) has been honorably discharged or released under honorable
circumstances from such service, or (ii) has a qualifying condition, as
defined in section [three hundred fifty] ONE of the [executive] VETER-
ANS' SERVICES law, and has received a discharge other than bad conduct
or dishonorable from such service, or (iii) is a discharged LGBT veter-
an, as defined in section [three hundred fifty] ONE of the [executive]
VETERANS' SERVICES law, and has received a discharge other than bad
conduct or dishonorable from such service, and
a. In addition to credit for military service pursuant to section two
hundred forty-three of the military law and subdivisions six through
nine of this section, a member employed as a full-time teacher by an
employer as defined in subdivision three of section five hundred one of
this article and who joined the retirement system prior to July first,
nineteen hundred seventy-three, may obtain credit for military service
not in excess of three years and not otherwise creditable under section
two hundred forty-three of the military law and subdivisions six through
nine of this section, rendered on active duty in the armed forces of the
United States during the period commencing July first, nineteen hundred
forty, and terminating December thirty-first, nineteen hundred forty-
six, or on service by one who was employed by the War Shipping Adminis-
tration or Office of Defense Transportation or their agents as a
merchant seaman documented by the United States Coast Guard or Depart-
ment of Commerce, or as a civil servant employed by the United States
Army Transport Service (later redesignated as the United States Army
Transportation Corps, Water Division) or the Naval Transportation
Service; and who served satisfactorily as a crew member during the peri-
od of armed conflict, December seventh, nineteen hundred forty-one, to
August fifteenth, nineteen hundred forty-five, aboard merchant vessels
in oceangoing, i.e., foreign, intercoastal, or coastwise service as such
terms are defined under federal law (46 USCA 10301 & 10501) and further
to include "near foreign" voyages between the United States and Canada,
Mexico, or the West Indies via ocean routes, or public vessels in ocean-
going service or foreign waters and who has received a Certificate of
Release or Discharge from Active Duty and a discharge certificate, or an
Honorable Service Certificate/Report of Casualty, from the Department of
Defense or on service by one who served as a United States civilian
employed by the American Field Service and served overseas under United
States Armies and United States Army Groups in world war II during the
period of armed conflict, December seventh, nineteen hundred forty-one
through May eighth, nineteen hundred forty-five, and who (i) was
discharged or released therefrom under honorable conditions, or (ii) has
a qualifying condition, as defined in section [three hundred fifty] ONE
of the [executive] VETERANS' SERVICES law, and has received a discharge
other than bad conduct or dishonorable from such service, or (iii) is a
S. 7526 56
discharged LGBT veteran, as defined in section [three hundred fifty] ONE
of the [executive] VETERANS' SERVICES law, and has received a discharge
other than bad conduct or dishonorable from such service, or on service
by one who served as a United States civilian Flight Crew and Aviation
Ground Support Employee of Pan American World Airways or one of its
subsidiaries or its affiliates and served overseas as a result of Pan
American's contract with Air Transport Command or Naval Air Transport
Service during the period of armed conflict, December fourteenth, nine-
teen hundred forty-one through August fourteenth, nineteen hundred
forty-five, and who (iv) was discharged or released therefrom under
honorable conditions, or (v) has a qualifying condition, as defined in
section [three hundred fifty] ONE of the [executive] VETERANS' SERVICES
law, and has received a discharge other than bad conduct or dishonorable
from such service, or (vi) is a discharged LGBT veteran, as defined in
section [three hundred fifty] ONE of the [executive] VETERANS' SERVICES
law, and has received a discharge other than bad conduct or dishonorable
from such service, by a person who was a resident of New York state at
the time of entry into such service and at the time of being discharged
therefrom under honorable circumstances, and who makes the payments
required in accordance with the provisions of this subdivision.
a. In addition to credit for military service pursuant to section two
hundred forty-three of the military law and subdivisions six through
nine of this section, a member who joined the retirement system prior to
July first, nineteen hundred seventy-three, and who was not eligible for
credit for military service under subdivision ten of this section as a
result of being on a leave of absence without pay between July twenti-
eth, nineteen hundred seventy-six and October fifteenth, nineteen
hundred seventy-seven or on leave of absence with less than full pay
between July twentieth, nineteen hundred seventy-six and October
fifteenth, nineteen hundred seventy-seven, may obtain credit for mili-
tary service not in excess of three years and not otherwise creditable
under section two hundred forty-three of the military law and subdivi-
sions six through nine of this section, rendered on active duty in the
armed forces of the United States during the period commencing July
first, nineteen hundred forty, and terminating December thirty-first,
nineteen hundred forty-six, or on service by one who was employed by the
War Shipping Administration or Office of Defense Transportation or their
agents as a merchant seaman documented by the United States Coast Guard
or Department of Commerce, or as a civil servant employed by the United
States Army Transport Service (later redesignated as the United States
Army Transportation Corps, Water Division) or the Naval Transportation
Service; and who served satisfactorily as a crew member during the peri-
od of armed conflict, December seventh, nineteen hundred forty-one, to
August fifteenth, nineteen hundred forty-five, aboard merchant vessels
in oceangoing, i.e., foreign, intercoastal, or coastwise service as such
terms are defined under federal law (46 USCA 10301 & 10501) and further
to include "near foreign" voyages between the United States and Canada,
Mexico, or the West Indies via ocean routes, or public vessels in ocean-
going service or foreign waters and who has received a Certificate of
Release or Discharge from Active Duty and a discharge certificate, or an
Honorable Service Certificate/Report of Casualty, from the Department of
Defense, or on service by one who served as a United States civilian
employed by the American Field Service and served overseas under United
States Armies and United States Army Groups in world war II during the
period of armed conflict, December seventh, nineteen hundred forty-one
through May eighth, nineteen hundred forty-five, and who (i) was
S. 7526 57
discharged or released therefrom under honorable conditions, or (ii) has
a qualifying condition, as defined in section [three hundred fifty] ONE
of the [executive] VETERANS' SERVICES law, and has received a discharge
other than bad conduct or dishonorable from such service, or (iii) is a
discharged LGBT veteran, as defined in section [three hundred fifty] ONE
of the [executive] VETERANS' SERVICES law, and has received a discharge
other than bad conduct or dishonorable from such service, or on service
by one who served as a United States civilian Flight Crew and Aviation
Ground Support Employee of Pan American World Airways or one of its
subsidiaries or its affiliates and served overseas as a result of Pan
American's contract with Air Transport Command or Naval Air Transport
Service during the period of armed conflict, December fourteenth, nine-
teen hundred forty-one through August fourteenth, nineteen hundred
forty-five, and who (iv) was discharged or released therefrom under
honorable conditions, or (v) has a qualifying condition, as defined in
section [three hundred fifty] ONE of the [executive] VETERANS' SERVICES
law, and has received a discharge other than bad conduct or dishonorable
from such service, or (vi) is a discharged LGBT veteran, as defined in
section [three hundred fifty] ONE of the [executive] VETERANS' SERVICES
law, and has received a discharge other than bad conduct or dishonorable
from such service, by a person who was a resident of New York state at
the time of entry into such service and at the time of being discharged
therefrom under honorable circumstances, and who makes the payments
required in accordance with the provisions of this subdivision.
§ 42. Subdivision 5 of section 605 of the education law, as amended by
chapter 490 of the laws of 2019, is amended to read as follows:
5. Regents scholarships for war veterans. Regents scholarships for war
veterans shall be awarded on a competitive basis, for study beginning
with the college year nineteen hundred seventy-five--nineteen hundred
seventy-six. Six hundred such scholarships shall be awarded in such year
to veterans of the armed forces of the United States who have served on
active duty (other than for training) between October one, nineteen
hundred sixty-one and March twenty-nine, nineteen hundred seventy-three,
and who on the date by which applications are required to be submitted
(a) have been released from such active duty on conditions not other
than honorable, or (b) have a qualifying condition, as defined in
section [three hundred fifty] ONE of the [executive] VETERANS' SERVICES
law, and have received a discharge other than bad conduct or dishonor-
able from such service, or (c) are discharged LGBT veterans, as defined
in section [three hundred fifty] ONE of the [executive] VETERANS'
SERVICES law, and have received a discharge other than bad conduct or
dishonorable from such service. Such scholarships shall be allocated to
each county in the state in the same ratio that the number of legal
residents in such county, as determined by the most recent federal
census, bears to the total number of residents in the state; provided,
however, that no county shall be allocated fewer scholarships than such
county received during the year nineteen hundred sixty-eight--sixty-
nine.
§ 43. Subparagraph 3 of paragraph b of subdivision 3 of section 663 of
the education law, as amended by chapter 490 of the laws of 2019, is
amended to read as follows:
(3) The applicant was enlisted in full time active military service in
the armed forces of the United States and (i) has been honorably
discharged from such service, or (ii) has a qualifying condition, as
defined in section [three hundred fifty] ONE of the [executive] VETER-
ANS' SERVICES law, and has received a discharge other than bad conduct
S. 7526 58
or dishonorable from such service, or (iii) is a discharged LGBT veter-
an, as defined in section [three hundred fifty] ONE of the [executive]
VETERANS' SERVICES law, and has received a discharge other than bad
conduct or dishonorable from such service, and, provided, however, that
the applicant has not and will not be claimed as a dependent by either
parent for purposes of either federal or state income tax.
§ 44. Paragraph (b) of subdivisions 1 and 2 of section 668 of the
education law, as amended by chapter 490 of the laws of 2019, are
amended to read as follows:
(b) December seven, nineteen hundred forty-one to December thirty-one,
nineteen hundred forty-six, or have been employed by the War Shipping
Administration or Office of Defense Transportation or their agents as a
merchant seaman documented by the United States Coast Guard or Depart-
ment of Commerce, or as a civil servant employed by the United States
Army Transport Service (later redesignated as the United States Army
Transportation Corps, Water Division) or the Naval Transportation
Service; and who served satisfactorily as a crew member during the peri-
od of armed conflict, December seventh, nineteen hundred forty-one, to
August fifteenth, nineteen hundred forty-five, aboard merchant vessels
in oceangoing, i.e., foreign, intercoastal, or coastwise service as such
terms are defined under federal law (46 USCA 10301 & 10501) and further
to include "near foreign" voyages between the United States and Canada,
Mexico, or the West Indies via ocean routes, or public vessels in ocean-
going service or foreign waters and who has received a Certificate of
Release or Discharge from Active Duty and a discharge certificate, or an
Honorable Service Certificate/Report of Casualty, from the Department of
Defense or have served as a United States civilian employed by the Amer-
ican Field Service and served overseas under United States Armies and
United States Army Groups in world war II during the period of armed
conflict, December seventh, nineteen hundred forty-one through May
eighth, nineteen hundred forty-five, and who (i) was discharged or
released therefrom under honorable conditions, or (ii) has a qualifying
condition, as defined in section [three hundred fifty] ONE of the [exec-
utive] VETERANS' SERVICES law, and has received a discharge other than
bad conduct or dishonorable from such service, or (iii) is a discharged
LGBT veteran, as defined in section [three hundred fifty] ONE of the
[executive] VETERANS' SERVICES law, and has received a discharge other
than bad conduct or dishonorable from such service, or have served as a
United States civilian Flight Crew and Aviation Ground Support Employee
of Pan American World Airways or one of its subsidiaries or its affil-
iates and served overseas as a result of Pan American's contract with
Air Transport Command or Naval Air Transport Service during the period
of armed conflict, December fourteenth, nineteen hundred forty-one
through August fourteenth, nineteen hundred forty-five, and who (iv) was
discharged or released therefrom under honorable conditions, or (v) has
a qualifying condition, as defined in section [three hundred fifty] ONE
of the [executive] VETERANS' SERVICES law, and has received a discharge
other than bad conduct or dishonorable from such service, or (vi) is a
discharged LGBT veteran, as defined in section [three hundred fifty] ONE
of the [executive] VETERANS' SERVICES law, and has received a discharge
other than bad conduct or dishonorable from such service.
(b) (i) is an honorably discharged veteran of the United States or
member of the armed forces of the United States, or (ii) has a qualify-
ing condition, as defined in section [three hundred fifty] ONE of the
[executive] VETERANS' SERVICES law, and has received a discharge other
than bad conduct or dishonorable from such service, or (iii) is a
S. 7526 59
discharged LGBT veteran, as defined in section [three hundred fifty] ONE
of the [executive] VETERANS' SERVICES law, and has received a discharge
other than bad conduct or dishonorable from such service, who is a resi-
dent of the state of New York, and who has a current disability of forty
percent or more as a result of an injury or illness which is incurred or
was incurred during such military service; or
§ 45. Subdivision 1 of section 668-c of the education law, as amended
by chapter 606 of the laws of 2021, is amended to read as follows:
1. Eligible students. Awards shall be made to Vietnam veterans' resi-
dent children born with Spina Bifida enrolled in approved undergraduate
or graduate programs at degree granting institutions. For the purpose of
this section, "Vietnam veteran" shall mean a person who served in Indo-
china at any time from the first day of November, nineteen hundred
fifty-five, to and including the seventh day of May, nineteen hundred
seventy-five and (a) was honorably discharged from the armed forces of
the United States, or (b) has a qualifying condition, as defined in
section [three hundred fifty] ONE of the [executive] VETERANS' SERVICES
law, and has received a discharge other than bad conduct or dishonorable
from the armed forces of the United States, or (c) is a discharged LGBT
veteran, as defined in section [three hundred fifty] ONE of the [execu-
tive] VETERANS' SERVICES law, and has received a discharge other than
bad conduct or dishonorable from the armed forces of the United States;
"born with Spina Bifida" shall mean a diagnosis at birth of such disease
inclusive of all forms, manifestations, complications and associated
medical conditions thereof, but shall not include Spina Bifida Occulta.
Such diagnosis shall be in accordance with the provisions of the federal
Spina Bifida program and shall be documented by the United States Admin-
istration of Veterans' Affairs.
§ 46. Paragraphs a, b, c and d of subdivision 1 of section 669-a of
the education law, paragraph a as amended by chapter 606 of the laws of
2021 and paragraphs b, c and d as amended by chapter 490 of the laws of
2019, are amended to read as follows:
a. "Vietnam veteran" means (i) a person who is a resident of this
state, (ii) who served in the armed forces of the United States in Indo-
china at any time from the first day of November, nineteen hundred
fifty-five, to and including the seventh day of May, nineteen hundred
seventy-five, and (iii) who was either discharged therefrom under honor-
able conditions, including but not limited to honorable discharge,
discharge under honorable conditions, or general discharge, or has a
qualifying condition, as defined in section [three hundred fifty] ONE of
the [executive] VETERANS' SERVICES law, and has received a discharge
other than bad conduct or dishonorable from such service, or is a
discharged LGBT veteran, as defined in section [three hundred fifty] ONE
of the [executive] VETERANS' SERVICES law, and has received a discharge
other than bad conduct or dishonorable from such service.
b. "Persian Gulf veteran" means (i) a person who is a resident of this
state, (ii) who served in the armed forces of the United States in the
hostilities that occurred in the Persian Gulf from the second day of
August, nineteen hundred ninety through the end of such hostilities, and
(iii) who was either discharged therefrom under honorable conditions,
including but not limited to honorable discharge, discharge under honor-
able conditions, or general discharge, or has a qualifying condition, as
defined in section [three hundred fifty] ONE of the [executive] VETER-
ANS' SERVICES law, and has received a discharge other than bad conduct
or dishonorable from such service, or is a discharged LGBT veteran, as
defined in section [three hundred fifty] ONE of the [executive] VETER-
S. 7526 60
ANS' SERVICES law, and has received a discharge other than bad conduct
or dishonorable from such service.
c. "Afghanistan veteran" means (i) a person who is a resident of this
state, (ii) who served in the armed forces of the United States in the
hostilities that occurred in Afghanistan from the eleventh day of
September, two thousand one, to the end of such hostilities, and (iii)
who was either discharged therefrom under honorable conditions, includ-
ing but not limited to honorable discharge, discharge under honorable
conditions, or general discharge, or has a qualifying condition, as
defined in section [three hundred fifty] ONE of the [executive] VETER-
ANS' SERVICES law, and has received a discharge other than bad conduct
or dishonorable from such service, or is a discharged LGBT veteran, as
defined in section [three hundred fifty] ONE of the [executive] VETER-
ANS' SERVICES law, and has received a discharge other than bad conduct
or dishonorable from such service.
d. "Other eligible combat veteran" means: an individual who (i) is a
resident of this state, (ii) served in the armed forces of the United
States in hostilities that occurred after February twenty-eighth, nine-
teen hundred sixty-one, as evidenced by their receipt of an Armed Forces
Expeditionary Medal, Navy Expeditionary Medal, or Marine Corps Expedi-
tionary Medal, and (iii) was either discharged under honorable condi-
tions, including but not limited to honorable discharge, discharge under
honorable conditions, or general discharge, or has a qualifying condi-
tion, as defined in section [three hundred fifty] ONE of the [executive]
VETERANS' SERVICES law, and has received a discharge other than bad
conduct or dishonorable from such service, or is a discharged LGBT
veteran, as defined in section [three hundred fifty] ONE of the [execu-
tive] VETERANS' SERVICES law, and has received a discharge other than
bad conduct or dishonorable from such service.
§ 47. Subdivision 1 of section 3202 of the education law, as amended
by chapter 490 of the laws of 2019, is amended to read as follows:
1. A person over five and under twenty-one years of age who has not
received a high school diploma is entitled to attend the public schools
maintained in the district in which such person resides without the
payment of tuition. Provided further that such person may continue to
attend the public school in such district in the same manner, if tempo-
rarily residing outside the boundaries of the district when relocation
to such temporary residence is a consequence of such person's parent or
person in parental relationship being called to active military duty,
other than training. Notwithstanding any other provision of law to the
contrary, the school district shall not be required to provide transpor-
tation between a temporary residence located outside of the school
district and the school the child attends. A veteran of any age who
shall have served as a member of the armed forces of the United States
and who (a) shall have been discharged therefrom under conditions other
than dishonorable, or (b) has a qualifying condition, as defined in
section [three hundred fifty] ONE of the [executive] VETERANS' SERVICES
law, and has received a discharge other than bad conduct or dishonorable
from such service, or (c) is a discharged LGBT veteran, as defined in
section [three hundred fifty] ONE of the [executive] VETERANS' SERVICES
law, and has received a discharge other than bad conduct or dishonorable
from such service, may attend any of the public schools of the state
upon conditions prescribed by the board of education, and such veterans
shall be included in the pupil count for state aid purposes. A nonveter-
an under twenty-one years of age who has received a high school diploma
shall be permitted to attend classes in the schools of the district in
S. 7526 61
which such person resides or in a school of a board of cooperative
educational services upon payment of tuition under such terms and condi-
tions as shall be established in regulations promulgated by the commis-
sioner; provided, however, that a school district may waive the payment
of tuition for such nonveteran, but in any case such a nonveteran who
has received a high school diploma shall not be counted for any state
aid purposes. Nothing herein contained shall, however, require a board
of education to admit a child who becomes five years of age after the
school year has commenced unless his OR HER birthday occurs on or before
the first of December.
§ 48. Clause (h) of subparagraph 3 of paragraph b of subdivision 1 of
section 4402 of the education law, as amended by chapter 652 of the laws
of 2007, is amended to read as follows:
(h) Provide the form developed pursuant to subdivision [fifteen] TWEN-
TY-TWO of section [three hundred fifty-three] FOUR of the [executive]
VETERANS' SERVICES law to the parent or person in parental relation of a
child designated by the committee as either disabled or emotionally
disturbed.
§ 49. Subdivision 15 of section 1-104 of the election law, as amended
by chapter 490 of the laws of 2019, is amended to read as follows:
15. The term "veterans' hospital" means any sanitarium, hospital,
soldiers' and sailors' home, United States Veterans' Administration
Hospital, or other home or institution, which is used, operated and
conducted exclusively for the care, maintenance and treatment of persons
serving in the military or naval service or coast guard of the United
States or the state of New York, or persons who (a) were honorably
discharged from such service, or (b) have a qualifying condition, as
defined in section [three hundred fifty] ONE of the [executive] VETER-
ANS' SERVICES law, and have received a discharge other than bad conduct
or dishonorable from such service, or (c) are a discharged LGBT veteran,
as defined in section [three hundred fifty] ONE of the [executive]
VETERANS' SERVICES law, and have received a discharge other than bad
conduct or dishonorable from such service.
§ 50. Subdivision 4 of section 5-210 of the election law, as amended
by chapter 490 of the laws of 2019, is amended to read as follows:
4. Any qualified person who has been honorably discharged from the
military after the twenty-fifth day before a general election, or who
has a qualifying condition, as defined in section [three hundred fifty]
ONE of the [executive] VETERANS' SERVICES law, and has received a
discharge other than bad conduct or dishonorable from the military after
the twenty-fifth day before a general election, or who is a discharged
LGBT veteran, as defined in section [three hundred fifty] ONE of the
[executive] VETERANS' SERVICES law, and has received a discharge other
than bad conduct or dishonorable from the military after the twenty-
fifth day before a general election, or who has become a naturalized
citizen after the twenty-fifth day before a general election may
personally register at the board of elections in the county of his or
her residence and vote in the general election held at least ten days
after such registration.
§ 51. Subdivision 16 of section 11-0305 of the environmental conserva-
tion law, as amended by chapter 103 of the laws of 2012, is amended to
read as follows:
16. Notwithstanding any inconsistent provision of law, to authorize
free sport fishing clinics. A free sport fishing clinic shall include,
but not be limited to, instruction provided by employees of the depart-
ment or its designee in recreational angling, including its benefits and
S. 7526 62
values, and may also include instruction and other information relevant
to an understanding of fisheries management, ethics and aquatic ecology
and habitat. No license or recreational marine fishing registration is
required to take fish by angling while participating in a fishing clinic
conducted by the department or its designee that has been designated by
the commissioner as a free sport fishing clinic. Such clinics shall be
implemented consistent with department standards and in a manner deter-
mined by the department to best provide public notice thereof and to
maximize public participation therein, so as to promote the recreational
opportunities afforded by sport fishing. Further, the commissioner may
designate additional fishing events organized through the department
that provide physical or emotional rehabilitation for veterans, as
defined in subdivision three of section [three hundred fifty] ONE of the
[executive] VETERANS' SERVICES law, or active duty members of the armed
forces of the United States, as defined in 10 U.S.C. section 101(d)(1).
No license or recreational marine fishing registration shall be required
for such veterans or active duty members to take fish by angling while
participating in these events.
§ 52. Subdivision 4 of section 11-0715 of the environmental conserva-
tion law, as amended by chapter 490 of the laws of 2019, is amended to
read as follows:
4. A person, resident in the state for at least thirty days immediate-
ly prior to the date of application, who (a) has been honorably
discharged from service in the armed forces of the United States, or (b)
has a qualifying condition, as defined in section [three hundred fifty]
ONE of the [executive] VETERANS' SERVICES law, and has received a
discharge other than bad conduct or dishonorable from such service, or
(c) is a discharged LGBT veteran, as defined in section [three hundred
fifty] ONE of the [executive] VETERANS' SERVICES law, and has received a
discharge other than bad conduct or dishonorable from such service, and
is certified as having a forty percent or greater service-connected
disability is entitled to receive all licenses, privileges, tags, and
permits authorized by this title for which he or she is eligible, except
turkey permits, renewable each year for a five dollar fee.
§ 53. Subparagraph (iv) of paragraph c of subdivision 1 of section
13-0328 of the environmental conservation law, as amended by chapter 490
of the laws of 2019, is amended to read as follows:
(iv) licenses shall be issued only to persons who demonstrate in a
manner acceptable to the department that they received an average of at
least fifteen thousand dollars of income over three consecutive years
from commercial fishing or fishing, or who successfully complete a
commercial food fish apprenticeship pursuant to subdivision seven of
this section. As used in this subparagraph, "commercial fishing" means
the taking and sale of marine resources including fish, shellfish, crus-
tacea or other marine biota and "fishing" means commercial fishing and
carrying fishing passengers for hire. Individuals who wish to qualify
based on income from "fishing" must hold a valid marine and coastal
district party and charter boat license. No more than ten percent of the
licenses issued each year based on income eligibility pursuant to this
paragraph shall be issued to applicants who qualify based solely upon
income derived from operation of or employment by a party or charter
boat. For the income evaluation of this subdivision, the department may
consider persons who would otherwise be eligible but for having served
in the United States armed forces on active duty, provided that such
individual (1) has received an honorable or general discharge, or (2)
has a qualifying condition, as defined in section [three hundred fifty]
S. 7526 63
ONE of the [executive] VETERANS' SERVICES 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] ONE of the [executive] VETERANS' SERVICES law, and has received a
discharge other than bad conduct or dishonorable from such service,
shall not be deemed ineligible.
§ 54. Subdivision 1 of section 130 of the executive law, as amended by
section 2 of part V of chapter 58 of the laws of 2020, is amended to
read as follows:
1. The secretary of state may appoint and commission as many notaries
public for the state of New York as in his or her judgment may be deemed
best, whose jurisdiction shall be co-extensive with the boundaries of
the state. The appointment of a notary public shall be for a term of
four years. An application for an appointment as notary public shall be
in form and set forth such matters as the secretary of state shall
prescribe. Every person appointed as notary public must, at the time of
his or her appointment, be a resident of the state of New York or have
an office or place of business in New York state. A notary public who is
a resident of the state and who moves out of the state but still main-
tains a place of business or an office in New York state does not vacate
his or her office as a notary public. A notary public who is a nonresi-
dent and who ceases to have an office or place of business in this
state, vacates his or her office as a notary public. A notary public who
is a resident of New York state and moves out of the state and who does
not retain an office or place of business in this state shall vacate his
or her office as a notary public. A non-resident who accepts the office
of notary public in this state thereby appoints the secretary of state
as the person upon whom process can be served on his or her behalf.
Before issuing to any applicant a commission as notary public, unless he
or she be an attorney and counsellor at law duly admitted to practice in
this state or a court clerk of the unified court system who has been
appointed to such position after taking a civil service promotional
examination in the court clerk series of titles, the secretary of state
shall satisfy himself or herself that the applicant is of good moral
character, has the equivalent of a common school education and is famil-
iar with the duties and responsibilities of a notary public; provided,
however, that where a notary public applies, before the expiration of
his or her term, for reappointment with the county clerk or where a
person whose term as notary public shall have expired applies within six
months thereafter for reappointment as a notary public with the county
clerk, such qualifying requirements may be waived by the secretary of
state, and further, where an application for reappointment is filed with
the county clerk after the expiration of the aforementioned renewal
period by a person who failed or was unable to re-apply by reason of his
or her induction or enlistment in the armed forces of the United States,
such qualifying requirements may also be waived by the secretary of
state, provided such application for reappointment is made within a
period of one year after the military discharge of the applicant under
conditions other than dishonorable, or if the applicant has a qualifying
condition, as defined in section [three hundred fifty of this chapter]
ONE OF THE VETERANS' SERVICES LAW, within a period of one year after the
applicant has received a discharge other than bad conduct or dishonor-
able from such service, or if the applicant is a discharged LGBT veter-
an, as defined in section [three hundred fifty of this chapter] ONE OF
THE VETERANS' SERVICES LAW, within a period of one year after the appli-
cant has received a discharge other than bad conduct or dishonorable
S. 7526 64
from such service. In any case, the appointment or reappointment of any
applicant is in the discretion of the secretary of state. The secretary
of state may suspend or remove from office, for misconduct, any notary
public appointed by him or her but no such removal shall be made unless
the person who is sought to be removed shall have been served with a
copy of the charges against him or her and have an opportunity of being
heard. No person shall be appointed as a notary public under this arti-
cle who has been convicted, in this state or any other state or territo-
ry, of a crime, unless the secretary makes a finding in conformance with
all applicable statutory requirements, including those contained in
article twenty-three-A of the correction law, that such convictions do
not constitute a bar to appointment.
§ 55. Subdivision 1 of section 32 of the general business law, as
amended by chapter 490 of the laws of 2019, is amended to read as
follows:
1. Every member of the armed forces of the United States who (a) was
honorably discharged from such service, or (b) has a qualifying condi-
tion, as defined in section [three hundred fifty] ONE of the [executive]
VETERANS' SERVICES law, and has received a discharge other than bad
conduct or dishonorable from such service, or (c) is a discharged LGBT
veteran, as defined in section [three hundred fifty] ONE of the [execu-
tive] VETERANS' SERVICES law, and has received a discharge other than
bad conduct or dishonorable from such service, and who is a resident of
this state and a veteran of any war, or who shall have served in the
armed forces of the United States overseas, and the surviving spouse of
any such veteran, if a resident of the state, shall have the right to
hawk, peddle, vend and sell goods, wares or merchandise or solicit trade
upon the streets and highways within the county of his or her residence,
as the case may be, or if such county is embraced wholly by a city,
within such city, by procuring a license for that purpose to be issued
as herein provided. No part of the lands or premises under the jurisdic-
tion of the division of the state fair in the department of agriculture
and markets, shall be deemed a street or highway within the meaning of
this section.
§ 56. Section 35 of the general business law, as amended by chapter
490 of the laws of 2019, is amended to read as follows:
§ 35. Municipal regulations. This article shall not affect the appli-
cation of any ordinance, by-law or regulation of a municipal corporation
relating to hawkers and peddlers within the limits of such corporations,
but the provisions of this article are to be complied with in addition
to the requirements of any such ordinance, by-law or regulation;
provided, however, that no such by-law, ordinance or regulation shall
prevent or in any manner interfere with the hawking or peddling, without
the use of any but a hand driven vehicle, in any street, avenue, alley,
lane or park of a municipal corporation, by any honorably discharged
member of the armed forces of the United States who (1) was honorably
discharged from such service, or (2) has a qualifying condition, as
defined in section [three hundred fifty] ONE of the [executive] VETER-
ANS' SERVICES 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] ONE of the [executive]
VETERANS' SERVICES law, and has received a discharge other than bad
conduct or dishonorable from such service, and who is physically disa-
bled as a result of injuries received while in the service of said armed
forces and the holder of a license granted pursuant to section thirty-
two of this article.
S. 7526 65
§ 57. Paragraph (a) of subdivision 1 of section 35-a of the general
business law, as amended by chapter 490 of the laws of 2019, is amended
to read as follows:
(a) In cities having a population of one million or more, the official
designated by a local law or ordinance to issue a local license to hawk,
peddle, vend and sell goods, wares or merchandise or solicit trade upon
the streets and highways within such city shall issue specialized vend-
ing licenses to members of the armed forces of the United States who (i)
were honorably discharged from such service, or (ii) have a qualifying
condition, as defined in section [three hundred fifty] ONE of the [exec-
utive] VETERANS' SERVICES law, and received a discharge other than bad
conduct or dishonorable from such service, or (iii) are a discharged
LGBT veteran, as defined in section [three hundred fifty] ONE of the
[executive] VETERANS' SERVICES law, and received a discharge other than
bad conduct or dishonorable from such service, and who are physically
disabled as a result of injuries received while in the service of said
armed forces and who are eligible to hold licenses granted pursuant to
section thirty-two of this article. Such specialized vending licenses
shall authorize holders thereof to hawk or peddle within such city in
accordance with the provisions contained in this section. Specialized
vending licenses issued under this section shall permit the holders
thereof to vend on any block face, and no licensee authorized under this
section shall be restricted in any way from vending in any area, except
as provided in this section.
§ 58. Paragraph (b) of subdivision 3 of section 69-p of the general
business law, as amended by chapter 490 of the laws of 2019, is amended
to read as follows:
(b) In the case of persons who are or were in the military service and
(i) have been or will be discharged under conditions other than
dishonorable, or (ii) have a qualifying condition, as defined in section
[three hundred fifty] ONE of the [executive] VETERANS' SERVICES law, and
received a discharge other than bad conduct or dishonorable from such
service, or (iii) are discharged LGBT veterans, as defined in section
[three hundred fifty] ONE of the [executive] VETERANS' SERVICES law, and
have received a discharge other than bad conduct or dishonorable from
such service, the period of two years specified in subdivision one of
this section need not be continuous. The length of time such person was
engaged in the business of installing, servicing or maintaining security
or fire alarm systems before entering the military service may be added
to any period of time during which such person was or is engaged in the
business of installing, servicing or maintaining security or fire alarm
systems after the termination of military service.
§ 59. The closing paragraph of section 435 of the general business
law, as amended by chapter 490 of the laws of 2019, is amended to read
as follows:
In the case of persons who are or were in the military service and (a)
have been or will be discharged under conditions other than dishonor-
able, or (b) have a qualifying condition, as defined in section [three
hundred fifty] ONE of the [executive] VETERANS' SERVICES law, and
received a discharge other than bad conduct or dishonorable from such
service, or (c) are discharged LGBT veterans, as defined in section
[three hundred fifty] ONE of the [executive] VETERANS' SERVICES law, and
have received a discharge other than bad conduct or dishonorable from
such service, the period of one year specified in subdivision one of
this section and the period of six months specified in subdivision two
of this section need not be continuous. The length of time such person
S. 7526 66
was engaged in the practice of barbering before entering the military
service may be added to any period of time during which such person was
or is engaged in the practice of barbering after the termination of
military service.
§ 60. Section 13-a of the general construction law, as amended by
chapter 490 of the laws of 2019, is amended to read as follows:
§ 13-a. Armed forces of the United States. "Armed forces of the United
States" means the army, navy, marine corps, air force and coast guard,
including all components thereof, and the national guard when in the
service of the United States pursuant to call as provided by law.
Pursuant to this definition no person shall be considered a member or
veteran of the armed forces of the United States unless his or her
service therein is or was on a full-time active duty basis, other than
active duty for training or he or she was employed by the War Shipping
Administration or Office of Defense Transportation or their agents as a
merchant seaman documented by the United States Coast Guard or Depart-
ment of Commerce, or as a civil servant employed by the United States
Army Transport Service (later redesignated as the United States Army
Transportation Corps, Water Division) or the Naval Transportation
Service; and who served satisfactorily as a crew member during the peri-
od of armed conflict, December seventh, nineteen hundred forty-one, to
August fifteenth, nineteen hundred forty-five, aboard merchant vessels
in oceangoing, i.e., foreign, intercoastal, or coastwise service as such
terms are defined under federal law (46 USCA 10301 & 10501) and further
to include "near foreign" voyages between the United States and Canada,
Mexico, or the West Indies via ocean routes, or public vessels in ocean-
going service or foreign waters and who has received a Certificate of
Release or Discharge from Active Duty and a discharge certificate, or an
Honorable Service Certificate/Report of Casualty, from the Department of
Defense or he or she served as a United States civilian employed by the
American Field Service and served overseas under United States Armies
and United States Army Groups in world war II during the period of armed
conflict, December seventh, nineteen hundred forty-one through May
eighth, nineteen hundred forty-five, and (i) was discharged or released
therefrom under honorable conditions, or (ii) has a qualifying condi-
tion, as defined in section [three hundred fifty] ONE of the [executive]
VETERANS' SERVICES law, and has received a discharge other than bad
conduct or dishonorable from such service, or (iii) is a discharged LGBT
veteran, as defined in section [three hundred fifty] ONE of the [execu-
tive] VETERANS' SERVICES law, and has received a discharge other than
bad conduct or dishonorable from such service, or he or she served as a
United States civilian Flight Crew and Aviation Ground Support Employee
of Pan American World Airways or one of its subsidiaries or its affil-
iates and served overseas as a result of Pan American's contract with
Air Transport Command or Naval Air Transport Service during the period
of armed conflict, December fourteenth, nineteen hundred forty-one
through August fourteenth, nineteen hundred forty-five, and (iv) was
discharged or released therefrom under honorable conditions, or (v) has
a qualifying condition, as defined in section [three hundred fifty] ONE
of the [executive] VETERANS' SERVICES law, and has received a discharge
other than bad conduct or dishonorable from such service, or (vi) is a
discharged LGBT veteran, as defined in section [three hundred fifty] ONE
of the [executive] VETERANS' SERVICES law, and has received a discharge
other than bad conduct or dishonorable from such service.
S. 7526 67
§ 61. Subdivision 1 of section 77 of the general municipal law, as
amended by chapter 490 of the laws of 2019, is amended to read as
follows:
1. A municipal corporation may lease, for not exceeding five years, to
a post or posts of the Grand Army of the Republic, Veterans of Foreign
Wars of the United States, American Legion, Catholic War Veterans, Inc.,
Disabled American Veterans, the Army and Navy Union, U.S.A., Marine
Corps League, AMVETS, American Veterans of World War II, Jewish War
Veterans of the United States, Inc., Italian American War Veterans of
the United States, Incorporated, Masonic War Veterans of the State of
New York, Inc., Veterans of World War I of the United States of America
Department of New York, Inc., Polish-American Veterans of World War II,
Amsterdam, N.Y., Inc., Polish-American Veterans of World War II, Sche-
nectady, N.Y., Inc., Polish Legion of American Veterans, Inc., Vietnam
Veterans of America or other veteran organization of members of the
armed forces of the United States who (a) were honorably discharged from
such service or (b) have a qualifying condition, as defined in section
[three hundred fifty] ONE of the [executive] VETERANS' SERVICES law, and
received a discharge other than bad conduct or dishonorable from such
service, or (c) are discharged LGBT veterans, as defined in section
[three hundred fifty] ONE of the [executive] VETERANS' SERVICES law, and
received a discharge other than bad conduct or dishonorable from such
service, or to an incorporated organization or an association of either
active or exempt volunteer firefighters, a public building or part ther-
eof, belonging to such municipal corporation, except schoolhouses in
actual use as such, without expense, or at a nominal rent, fixed by the
board or council having charge of such buildings and provide furniture
and furnishings, and heat, light and janitor service therefor, in like
manner.
§ 62. Paragraph (a) of subdivision 1 of section 148 of the general
municipal law, as amended by chapter 490 of the laws of 2019, is amended
to read as follows:
(a) The board of supervisors in each of the counties, or the board of
estimate in the city of New York, shall designate some proper person,
association or commission, other than that designated for the care of
burial of public charges or criminals, who shall cause to be interred
the body of any member of the armed forces of the United States who (i)
was honorably discharged from such service or (ii) had a qualifying
condition, as defined in section [three hundred fifty] ONE of the [exec-
utive] VETERANS' SERVICES law, and received a discharge other than bad
conduct or dishonorable from such service, or (iii) was a discharged
LGBT veteran, as defined in section [three hundred fifty] ONE of the
[executive] VETERANS' SERVICES law, and received a discharge other than
bad conduct or dishonorable from such service, or the body of any minor
child or either parent, or the spouse or unremarried surviving spouse of
any such member of the armed forces of the United States, if such person
shall hereafter die in a county or in the city of New York without leav-
ing sufficient means to defray his or her funeral expenses.
§ 63. Section 117-c of the highway law, as amended by chapter 490 of
the laws of 2019, is amended to read as follows:
§ 117-c. Hawking, peddling, vending, sale of goods, wares or merchan-
dise; Erie county; certain areas. Notwithstanding any law to the contra-
ry, except section thirty-five of the general business law, the county
of Erie shall have the power to enact a local law prohibiting hawking,
peddling, vending and sale of goods, wares or merchandise or solicita-
tion of trade in the right-of-way of county roads adjacent to arenas,
S. 7526 68
stadiums, auditoriums or like facilities, which contain fifty thousand
or more seats, which are used for events likely to attract large numbers
of spectators, including but not limited to home games of a National
Football League franchise. Provided, however, that the power to enact
such local law shall be subject to the requirement that provision be
made, by lease agreement, regulation or otherwise, for the hawking,
peddling, vending and sales of goods, wares or merchandise or solicita-
tion of trade in designated vending areas on the ground of county-owned
lands leased for use as an arena, stadium or auditorium or like facility
which contain fifty thousand or more seats; and further provided that
members of the armed forces of the United States who (a) were honorably
discharged from such service, or (b) have a qualifying condition, as
defined in section [three hundred fifty] ONE of the [executive] VETER-
ANS' SERVICES law, and received a discharge other than bad conduct or
dishonorable from such service, or (c) are discharged LGBT veterans, as
defined in section [three hundred fifty] ONE of the [executive] VETER-
ANS' SERVICES law, and received a discharge other than bad conduct or
dishonorable from such service, and who are entitled to hawk, vend, sell
or peddle merchandise in the public right-of-way pursuant to sections
thirty-two and thirty-five of the general business law, shall be given
first preference in any assignment or vending locations or in the allo-
cation of such locations.
§ 64. Paragraph 11 of subsection (j) of section 2103 of the insurance
law, as amended by chapter 490 of the laws of 2019, is amended to read
as follows:
(11) No license fee shall be required of any person who served as a
member of the armed forces of the United States at any time and who (A)
shall have been discharged therefrom, under conditions other than
dishonorable, or (B) has a qualifying condition, as defined in section
[three hundred fifty] ONE of the [executive] VETERANS' SERVICES law, and
has received a discharge other than bad conduct or dishonorable from
such service, or (C) is a discharged LGBT veteran, as defined in section
[three hundred fifty] ONE of the [executive] VETERANS' SERVICES law, and
has received a discharge other than bad conduct or dishonorable from
such service, in a current licensing period, for the duration of such
period.
§ 65. Subparagraph (F) of paragraph 3 of subsection (e) and paragraph
2 of subsection (f) of section 2104 of the insurance law, as amended by
chapter 490 of the laws of 2019, are amended to read as follows:
(F) served as a member of the armed forces of the United States at any
time, and shall (i) have been discharged under conditions other than
dishonorable, or (ii) has a qualifying condition, as defined in section
[three hundred fifty] ONE of the [executive] VETERANS' SERVICES law, and
has received a discharge other than bad conduct or dishonorable from
such service, or (iii) is a discharged LGBT veteran, as defined in
section [three hundred fifty] ONE of the [executive] VETERANS' SERVICES
law, and has received a discharge other than bad conduct or dishonorable
from such service, and who within three years prior to his OR HER entry
into the armed forces held a license as insurance broker for similar
lines, provided his OR HER application for such license is filed before
one year from the date of final discharge; or
(2) No license fee shall be required of any person who served as a
member of the armed forces of the United States at any time, and who (A)
shall have been discharged, under conditions other than dishonorable, or
(B) has a qualifying condition, as defined in section [three hundred
fifty] ONE of the [executive] VETERANS' SERVICES law, and has received a
S. 7526 69
discharge other than bad conduct or dishonorable from such service, or
(C) is a discharged LGBT veteran, as defined in section [three hundred
fifty] ONE of the [executive] VETERANS' SERVICES law, and has received a
discharge other than bad conduct or dishonorable from such service, in a
current licensing period, for the duration of such period.
§ 66. Paragraph 2 of subsection (i) of section 2108 of the insurance
law, as amended by chapter 490 of the laws of 2019, is amended to read
as follows:
(2) No license fee shall be required of any person who served as a
member of the armed forces of the United States at any time and who (A)
shall have been discharged, under conditions other than dishonorable, or
(B) has a qualifying condition, as defined in section [three hundred
fifty] ONE of the [executive] VETERANS' SERVICES law, and has received a
discharge other than bad conduct or dishonorable from such service, or
(C) is a discharged LGBT veteran, as defined in section [three hundred
fifty] ONE of the [executive] VETERANS' SERVICES law, and has received a
discharge other than bad conduct or dishonorable from such service, in a
current licensing period, for the duration of such period.
§ 67. Paragraph 10 of subsection (h) of section 2137 of the insurance
law, as amended by chapter 490 of the laws of 2019, is amended to read
as follows:
(10) No license fee shall be required of any person who served as a
member of the armed forces of the United States at any time and who (A)
shall have been discharged therefrom, under conditions other than
dishonorable, or (B) has a qualifying condition, as defined in section
[three hundred fifty] ONE of the [executive] VETERANS' SERVICES law, and
has received a discharge other than bad conduct or dishonorable from
such service, or (C) is a discharged LGBT veteran, as defined in section
[three hundred fifty] ONE of the [executive] VETERANS' SERVICES law, and
has received a discharge other than bad conduct or dishonorable from
such service, in a current licensing period, for the duration of such
period.
§ 68. Paragraph 11 of subsection (i) of section 2139 of the insurance
law, as amended by chapter 490 of the laws of 2019, is amended to read
as follows:
(11) No license fee shall be required of any person who served as a
member of the armed forces of the United States at any time, and who (A)
shall have been discharged therefrom under conditions other than
dishonorable, or (B) has a qualifying condition, as defined in section
[three hundred fifty] ONE of the [executive] VETERANS' SERVICES law, and
has received a discharge other than bad conduct or dishonorable from
such service, or (C) is a discharged LGBT veteran, as defined in section
[three hundred fifty] ONE of the [executive] VETERANS' SERVICES law, and
has received a discharge other than bad conduct or dishonorable from
such service, in a current licensing period for the duration of such
period.
§ 69. Section 466 of the judiciary law, as amended by chapter 490 of
the laws of 2019, is amended to read as follows:
§ 466. Attorney's oath of office. 1. Each person, admitted as
prescribed in this chapter must, upon his or her admission, take the
constitutional oath of office in open court, and subscribe the same in a
roll or book, to be kept in the office of the clerk of the appellate
division of the supreme court for that purpose.
2. Any person now in actual service in the armed forces of the United
States or whose induction or enlistment therein is imminent, or within
sixty days after such person (1) has been honorably discharged, or (2)
S. 7526 70
has received a discharge other than bad conduct or dishonorable from
such service, if such person has a qualifying condition, as defined in
section [three hundred fifty] ONE of the [executive] VETERANS' SERVICES
law, or (3) has received a discharge other than bad conduct or dishonor-
able from such service, if such person is a discharged LGBT veteran, as
defined in section [three hundred fifty] ONE of the [executive] VETER-
ANS' SERVICES law, if the appellate division of the supreme court in the
department in which such person resides is not in session, may subscribe
and take the oath before a justice of that court, with the same force
and effect as if it were taken in open court, except that in the first
department the oath must be taken before the presiding justice or, in
his or her absence, before the senior justice.
§ 70. Subdivision 3 of section 20 of the military law, as amended by
chapter 490 of the laws of 2019, is amended to read as follows:
3. Any person who has served as a commissioned or warrant officer in
the organized militia or in the armed forces of the United States and
(a) has been honorably discharged therefrom, or (b) has a qualifying
condition, as defined in section [three hundred fifty] ONE of the [exec-
utive] VETERANS' SERVICES law, and has received a discharge other than
bad conduct or dishonorable from such service, or (c) is a discharged
LGBT veteran, as defined in section [three hundred fifty] ONE of the
[executive] VETERANS' SERVICES law, and has received a discharge other
than bad conduct or dishonorable from such service, may be commissioned
and placed on the state reserve list in the highest grade previously
held by him OR HER after complying with such conditions as may be
prescribed by regulations issued pursuant to this chapter.
§ 71. Paragraphs (b) and (c) of subdivision 1 and subparagraphs 1 and
2 of paragraph (a) of subdivision 4-b of section 243 of the military
law, as amended by chapter 490 of the laws of 2019, are amended to read
as follows:
(b) The term "military duty" shall mean military service in the mili-
tary, naval, aviation or marine service of the United States subsequent
to July first, nineteen hundred forty, or service under the selective
training and service act of nineteen hundred forty, or the national
guard and reserve officers mobilization act of nineteen hundred forty,
or any other act of congress supplementary or amendatory thereto, or any
similar act of congress hereafter enacted and irrespective of the fact
that such service was entered upon following a voluntary enlistment
therefor or was required under one of the foregoing acts of congress, or
service with the United States public health service as a commissioned
officer, or service with the American Red Cross while with the armed
forces of the United States on foreign service, or service with the
special services section of the armed forces of the United States on
foreign service, or service in the merchant marine which shall consist
of service as an officer or member of the crew on or in connection with
a vessel documented under the laws of the United States or a vessel
owned by, chartered to, or operated by or for the account or use of the
government of the United States, or service by one who was employed by
the War Shipping Administration or Office of Defense Transportation or
their agents as a merchant seaman documented by the United States Coast
Guard or Department of Commerce, or as a civil servant employed by the
United States Army Transport Service (later redesignated as the United
States Army Transportation Corps, Water Division) or the Naval Transpor-
tation Service; and who served satisfactorily as a crew member during
the period of armed conflict, December seventh, nineteen hundred forty-
one, to August fifteenth, nineteen hundred forty-five, aboard merchant
S. 7526 71
vessels in oceangoing, i.e., foreign, intercoastal, or coastwise service
as such terms are defined under federal law (46 USCA 10301 & 10501) and
further to include "near foreign" voyages between the United States and
Canada, Mexico, or the West Indies via ocean routes, or public vessels
in oceangoing service or foreign waters and who has received a Certif-
icate of Release or Discharge from Active Duty and a discharge certif-
icate, or an Honorable Service Certificate/Report of Casualty, from the
Department of Defense, or who served as a United States civilian
employed by the American Field Service and served overseas under United
States Armies and United States Army Groups in world war II during the
period of armed conflict, December seventh, nineteen hundred forty-one
through May eighth, nineteen hundred forty-five, and who (i) was
discharged or released therefrom under honorable conditions, or (ii) has
a qualifying condition, as defined in section [three hundred fifty] ONE
of the [executive] VETERANS' SERVICES law, and has received a discharge
other than bad conduct or dishonorable from such service, or (iii) is a
discharged LGBT veteran, as defined in section [three hundred fifty] ONE
of the [executive] VETERANS' SERVICES law, and has received a discharge
other than bad conduct or dishonorable from such service, or who served
as a United States civilian Flight Crew and Aviation Ground Support
Employee of Pan American World Airways or one of its subsidiaries or its
affiliates and served overseas as a result of Pan American's contract
with Air Transport Command or Naval Air Transport Service during the
period of armed conflict, December fourteenth, nineteen hundred forty-
one through August fourteenth, nineteen hundred forty-five, and who (iv)
was discharged or released therefrom under honorable conditions, or (v)
has a qualifying condition, as defined in section [three hundred fifty]
ONE of the [executive] VETERANS' SERVICES law, and has received a
discharge other than bad conduct or dishonorable from such service, or
(vi) is a discharged LGBT veteran, as defined in section [three hundred
fifty] ONE of the [executive] VETERANS' SERVICES law, and has received a
discharge other than bad conduct or dishonorable from such service; or
service in police duty on behalf of the United States government in a
foreign country, if such person is a police officer, as defined by
section 1.20 of the criminal procedure law, and if such police officer
obtained the prior consent of his or her public employer to absent
himself or herself from his or her position to engage in the performance
of such service; or as an enrollee in the United States maritime service
on active duty and, to such extent as may be prescribed by or under the
laws of the United States, any period awaiting assignment to such
service and any period of education or training for such service in any
school or institution under the jurisdiction of the United States
government, but shall not include temporary and intermittent gratuitous
service in any reserve or auxiliary force. It shall include time spent
in reporting for and returning from military duty and shall be deemed to
commence when the public employee leaves his OR HER position and to end
when he OR SHE is reinstated to his OR HER position, provided such rein-
statement is within ninety days after the termination of military duty,
as hereinafter defined. Notwithstanding the foregoing provisions of this
paragraph, the term "military duty" shall not include any of the forego-
ing services entered upon voluntarily on or after January first, nine-
teen hundred forty-seven and before June twenty-fifth, nineteen hundred
fifty; and, on or after July first, nineteen hundred seventy, the term
"military duty" shall not include any voluntary service in excess of
four years performed after that date, or the total of any voluntary
services, additional or otherwise, in excess of four years performed
S. 7526 72
after that date, shall not exceed five years, if the service in excess
of four years is at the request and for the convenience of the federal
government, except if such voluntary service is performed during a peri-
od of war, or national emergency declared by the president.
(c) The term "termination of military duty" shall mean the date of a
certificate of honorable discharge or a certificate of completion of
training and service as set forth in the selective training and service
act of nineteen hundred forty, and the national guard and reserve offi-
cers mobilization act of nineteen hundred forty or, or a certificate of
release or discharge from active duty where an employee (i) has a quali-
fying condition, as defined in section [three hundred fifty] ONE of the
[executive] VETERANS' SERVICES law, and has received a discharge other
than bad conduct or dishonorable from such service, or (ii) is a
discharged LGBT veteran, as defined in section [three hundred fifty] ONE
of the [executive] VETERANS' SERVICES law, and has received a discharge
other than bad conduct or dishonorable from such service, or in the
event of the incurrence of a temporary disability arising out of and in
the course of such military duty, the date of termination of such disa-
bility. The existence and termination of such temporary disability, in
the case of a public employee occupying a position in the classified
civil service or of a person on an eligible list for a position in such
service, shall be determined by the civil service commission having
jurisdiction over such position and, in the case of a public employee
occupying a position not in the classified civil service, shall be
determined by the officer or body having the power of appointment.
(1) "New York city veteran of world war II". Any member of the New
York city employees' retirement system in city-service who, after his OR
HER last membership in such system began, served as a member of the
armed forces of the United States during the period beginning on Decem-
ber seventh, nineteen hundred forty-one and ending on December thirty-
first, nineteen hundred forty-six, and (i) was honorably discharged or
released under honorable circumstances from such service, or (ii) has a
qualifying condition, as defined in section [three hundred fifty] ONE of
the [executive] VETERANS' SERVICES law, and has received a discharge
other than bad conduct or dishonorable from such service, or (iii) is a
discharged LGBT veteran, as defined in section [three hundred fifty] ONE
of the [executive] VETERANS' SERVICES law, and has received a discharge
other than bad conduct or dishonorable from such service.
(2) "New York city veteran of the Korean conflict." Any member of the
New York city employees' retirement system in city-service who, after
his OR HER last membership in such system began, served as a member of
the armed forces of the United States during the period beginning on the
twenty-seventh of June, nineteen hundred fifty and ending on the thir-
ty-first day of January, nineteen hundred fifty-five, and (i) was honor-
ably discharged or released under honorable circumstances from such
service, or (ii) has a qualifying condition, as defined in section
[three hundred fifty] ONE of the [executive] VETERANS' SERVICES law, and
has received a discharge other than bad conduct or dishonorable from
such service, or (iii) is a discharged LGBT veteran, as defined in
section [three hundred fifty] ONE of the [executive] VETERANS' SERVICES
law, and has received a discharge other than bad conduct or dishonorable
from such service.
§ 72. Section 245 of the military law, as amended by chapter 490 of
the laws of 2019, is amended to read as follows:
§ 245. Retirement allowances of certain war veterans. 1. Any member
of a teachers' retirement system to which the city of New York is
S. 7526 73
required by law to make contributions on account of such member who (i)
is an honorably discharged member of any branch of the armed forces of
the United States, or (ii) has a qualifying condition, as defined in
section [three hundred fifty] ONE of the [executive] VETERANS' SERVICES
law, and has received a discharge other than bad conduct or dishonor-
able, or (iii) is a discharged LGBT veteran, as defined in section
[three hundred fifty] ONE of the [executive] VETERANS' SERVICES law, and
has received a discharge other than bad conduct or dishonorable, having
served as such during the time of war and who has attained the age of
fifty years, may retire upon his OR HER own request upon written appli-
cation to the board setting forth at what time not less than thirty days
subsequent to the execution and filing thereof he OR SHE desires to be
retired, provided that such member at the time so specified for his OR
HER retirement shall have completed at least twenty-five years of allow-
able service. Upon retirement such member shall receive an annuity of
equivalent actuarial value to his OR HER accumulated deductions, and, in
addition, a pension beginning immediately, having a value equal to the
present value of the pension that would have become payable had he OR
SHE continued at his OR HER current salary to the age at which he OR SHE
would have first become eligible for service retirement, provided,
however, that the said member on making application for retirement shall
pay into the retirement fund a sum of money which calculated on an actu-
arial basis, together with his OR HER prior contributions and other
accumulations in said fund then to his OR HER credit, shall be suffi-
cient to entitle the said member to the same annuity and pension that he
OR SHE would have received had he OR SHE remained in the service of the
city until he OR SHE had attained the age at which he OR SHE otherwise
would have first become eligible for service retirement.
2. Notwithstanding any other provision of this section or of any
general, special or local law or code to the contrary, a member of any
such teachers' retirement system who (i) is separated or discharged
under honorable conditions from any branch of the armed forces of the
United States, or (ii) has a qualifying condition, as defined in section
[three hundred fifty] ONE of the [executive] VETERANS' SERVICES law, and
has received a discharge other than bad conduct or dishonorable, or
(iii) is a discharged LGBT veteran, as defined in section [three hundred
fifty] ONE of the [executive] VETERANS' SERVICES law, and has received a
discharge other than bad conduct or dishonorable, having served as such
during the time of war and who has attained the age of fifty years, may
retire upon his OR HER own request upon written application to the board
setting forth at what time, not less than thirty days subsequent to the
execution and filing thereof, he OR SHE desires to be retired, provided
that such member at that time so specified for his OR HER retirement
shall have completed at least twenty-five years of allowable service.
Upon reaching his OR HER previously selected minimum retirement age,
such member shall receive an annuity of equivalent actuarial value, at
that time, to his OR HER accumulated deductions, and, in addition, a
pension based upon his OR HER credited years of allowable service, plus
the pension-for-increased-take-home-pay, if any. Should such member die
before reaching his OR HER retirement age, then any beneficiary under a
selected option shall be eligible for benefits under such option at the
date upon which the member would have reached his OR HER selected
retirement age.
§ 73. Subdivision 1-b of section 247 of the military law, as amended
by chapter 490 of the laws of 2019, is amended to read as follows:
S. 7526 74
1-b. The adjutant general is hereby authorized to present in the name
of the legislature of the state of New York, a certificate, to be known
as the "Cold War Certificate", bearing a suitable inscription, to any
person: (i) who is a citizen of the state of New York or (ii) who was a
citizen of the state of New York while serving in the armed forces of
the United States; (iii) who served in the United States Armed Forces
during the period of time from September second, nineteen hundred
forty-five through December twenty-sixth, nineteen hundred ninety-one,
commonly known as the Cold War Era; and (iv) who was honorably
discharged or released under honorable circumstances during the Cold War
Era, or has a qualifying condition, as defined in section [three hundred
fifty] ONE of the [executive] VETERANS' SERVICES law, and received a
discharge other than bad conduct or dishonorable during the Cold War
Era, or is a discharged LGBT veteran, as defined in section [three
hundred fifty] ONE of the [executive] VETERANS' SERVICES law, and
received a discharge other than bad conduct or dishonorable during the
Cold War Era. Not more than one Cold War Certificate shall be awarded or
presented, under the provisions of this subdivision, to any person whose
entire service subsequent to the time of the receipt of such medal shall
not have been honorable. In the event of the death of any person during
or subsequent to the receipt of such certificate it shall be presented
to such representative of the deceased as may be designated. The adju-
tant general, in consultation with the [director] COMMISSIONER of the
[division] DEPARTMENT of veterans' services, shall make such rules and
regulations as may be deemed necessary for the proper presentation and
distribution of the certificate.
§ 74. Section 249 of the military law, as amended by chapter 490 of
the laws of 2019, is amended to read as follows:
§ 249. State and municipal officers and employees granted leaves of
absence on July fourth in certain cases. Each officer and employee of
the state or of a municipal corporation or of any other political subdi-
vision thereof who was a member of the national guard or naval militia
or a member of the reserve corps at a time when the United States was
not at war and who (i) has been honorably discharged therefrom, or (ii)
has a qualifying condition, as defined in section [three hundred fifty]
ONE of the [executive] VETERANS' SERVICES law, and has received a
discharge other than bad conduct or dishonorable from such service, or
(iii) is a discharged LGBT veteran, as defined in section [three hundred
fifty] ONE of the [executive] VETERANS' SERVICES law, and has received a
discharge other than bad conduct or dishonorable from such service,
shall, in so far as practicable, be entitled to absent himself OR
HERSELF from [his] duties or service, with pay, on July fourth of each
year. Notwithstanding the provisions of any general, special or local
law or the provisions of any city charter, no such officer or employee
shall be subjected by any person whatever directly or indirectly by
reason of such absence to any loss or diminution of vacation or holiday
privilege or be prejudiced by reason of such absence with reference to
promotion or continuance in office or employment or to reappointment to
office or to re-employment.
§ 75. Subparagraph 2 of paragraph b of subdivision 1 of section 156 of
the public housing law, as amended by chapter 490 of the laws of 2019,
is amended to read as follows:
(2) (i) have been thereafter discharged or released therefrom under
conditions other than dishonorable, or (ii) have a qualifying condition,
as defined in section [three hundred fifty] ONE of the [executive]
VETERANS' SERVICES law, and have received a discharge other than bad
S. 7526 75
conduct or dishonorable from such service, or (iii) are discharged LGBT
veterans, as defined in section [three hundred fifty] ONE of the [execu-
tive] VETERANS' SERVICES law, and have received a discharge other than
bad conduct or dishonorable from such service, or (iv) died in such
service, not more than five years prior to the time of application for
admission to such project, and
§ 76. The opening paragraph and paragraph (d) of subdivision 1 of
section 2632 of the public health law, as amended by chapter 490 of the
laws of 2019, are amended to read as follows:
Every veteran of the armed forces of the United States, who (i) (A)
was separated or discharged under honorable conditions after serving on
active duty therein for a period of not less than thirty days, or (B)
has a qualifying condition, as defined in section [three hundred fifty]
ONE of the [executive] VETERANS' SERVICES law, and has received a
discharge other than bad conduct or dishonorable after serving on active
duty therein for a period of not less than thirty days, or (C) is a
discharged LGBT veteran, as defined in section [three hundred fifty] ONE
of the [executive] VETERANS' SERVICES law, and has received a discharge
other than bad conduct or dishonorable after serving on active duty
therein for a period of not less than thirty days, or (ii) (A) was sepa-
rated or discharged under honorable conditions after serving on active
duty therein for a period of not less than thirty days or (B) has a
qualifying condition, as defined in section [three hundred fifty] ONE of
the [executive] VETERANS' SERVICES law, and has received a discharge
other than bad conduct or dishonorable after serving on active duty
therein for a period of not less than thirty days, or (C) is a
discharged LGBT veteran, as defined in section [three hundred fifty] ONE
of the [executive] VETERANS' SERVICES law, and has received a discharge
other than bad conduct or dishonorable after serving on active duty
therein for a period of not less than thirty days, and who was a recipi-
ent of the armed forces expeditionary medal, navy expeditionary medal or
marine corps expeditionary medal for participation in operations in
Lebanon from June first, nineteen hundred eighty-three to December
first, nineteen hundred eighty-seven, in Grenada from October twenty-
third, nineteen hundred eighty-three to November twenty-first, nineteen
hundred eighty-three, or in Panama from December twentieth, nineteen
hundred eighty-nine to January thirty-first, nineteen hundred ninety, or
in Bosnia and Herzgegovina from November twenty-first, nineteen hundred
ninety-five to November first, two thousand seven, or was a recipient of
the Kosovo campaign medal or (iii) (A) was separated or discharged under
honorable conditions after serving on active duty therein for a period
of not less than thirty days or (B) has a qualifying condition, as
defined in section [three hundred fifty] ONE of the [executive] VETER-
ANS' SERVICES law, and has received a discharge other than bad conduct
or dishonorable after serving on active duty therein for a period of not
less than thirty days, or (C) is a discharged LGBT veteran, as defined
in section [three hundred fifty] ONE of the [executive] VETERANS'
SERVICES law, and has received a discharge other than bad conduct or
dishonorable after serving on active duty therein for a period of not
less than thirty days, and who served during the period of actual
hostilities of either
(d) world war II between December seventh, nineteen hundred forty-one
and December thirty-first, nineteen hundred forty-six, both inclusive,
or who was employed by the War Shipping Administration or Office of
Defense Transportation or their agents as a merchant seaman documented
by the United States Coast Guard or Department of Commerce, or as a
S. 7526 76
civil servant employed by the United States Army Transport Service
(later redesignated as the United States Army Transportation Corps,
Water Division) or the Naval Transportation Service; and who served
satisfactorily as a crew member during the period of armed conflict,
December seventh, nineteen hundred forty-one, to August fifteenth, nine-
teen hundred forty-five, aboard merchant vessels in oceangoing, i.e.,
foreign, intercoastal, or coastwise service as such terms are defined
under federal law (46 USCA 10301 & 10501) and further to include "near
foreign" voyages between the United States and Canada, Mexico, or the
West Indies via ocean routes, or public vessels in oceangoing service or
foreign waters and who has received a Certificate of Release or
Discharge from Active Duty and a discharge certificate, or an Honorable
Service Certificate/Report of Casualty, from the Department of Defense,
or who served as a United States civilian employed by the American Field
Service and served overseas under United States Armies and United States
Army Groups in world war II during the period of armed conflict, Decem-
ber seventh, nineteen hundred forty-one through May eighth, nineteen
hundred forty-five, and who (i) was discharged or released therefrom
under honorable conditions, or (ii) has a qualifying condition, as
defined in section [three hundred fifty] ONE of the [executive] VETER-
ANS' SERVICES law, and has received a discharge other than bad conduct
or dishonorable from such service, or (iii) is a discharged LGBT veter-
an, as defined in section [three hundred fifty] ONE of the [executive]
VETERANS' SERVICES law, and has received a discharge other than bad
conduct or dishonorable from such service, or who served as a United
States civilian Flight Crew and Aviation Ground Support Employee of Pan
American World Airways or one of its subsidiaries or its affiliates and
served overseas as a result of Pan American's contract with Air Trans-
port Command or Naval Air Transport Service during the period of armed
conflict, December fourteenth, nineteen hundred forty-one through August
fourteenth, nineteen hundred forty-five, and who (iv) was discharged or
released therefrom under honorable conditions, or (v) has a qualifying
condition, as defined in section [three hundred fifty] ONE of the [exec-
utive] VETERANS' SERVICES law, and has received a discharge other than
bad conduct or dishonorable from such service, or (vi) is a discharged
LGBT veteran, as defined in section [three hundred fifty] ONE of the
[executive] VETERANS' SERVICES law, and has received a discharge other
than bad conduct or dishonorable from such service; or
§ 77. Subdivision 5 of section 2805-b of the public health law, as
amended by section 21 of part AA of chapter 56 of the laws of 2019, is
amended to read as follows:
5. The staff of a general hospital shall: (a) inquire whether or not
the person admitted has served in the United States armed forces. Such
information shall be listed on the admissions form; (b) notify any
admittee who is a veteran of the possible availability of services at a
hospital operated by the United States veterans health administration,
and, upon request by the admittee, such staff shall make arrangements
for the individual's transfer to a United States veterans health admin-
istration hospital, provided, however, that transfers shall be author-
ized only after it has been determined, according to accepted clinical
and medical standards, that the patient's condition has stabilized and
transfer can be accomplished safely and without complication; and (c)
provide any admittee who has served in the United States armed forces
with a copy of the "Information for Veterans concerning Health Care
Options" fact sheet, maintained by the [division] DEPARTMENT of veter-
ans' services pursuant to subdivision [twenty-three] TWENTY-NINE of
S. 7526 77
section [three hundred fifty-three] FOUR of the [executive] VETERANS'
SERVICES law prior to discharging or transferring the patient. The
commissioner shall promulgate rules and regulations for notifying such
admittees of possible available services and for arranging a requested
transfer.
§ 78. Subdivision 2 of section 2805-o of the public health law, as
amended by chapter 609 of the laws of 2021, is amended to read as
follows:
2. Every nursing home, residential health care facility and assisted
living residences shall in writing advise all individuals identifying
themselves as veterans or spouses of veterans that the [division]
DEPARTMENT of veterans' services and local veterans' service agencies
established pursuant to section [three hundred fifty-seven] FOURTEEN of
the [executive] VETERANS'SERVICES law to provide assistance to veterans
and their spouses regarding benefits under federal and state law. Such
written information shall include the name, address and telephone number
of the New York state [division] DEPARTMENT of veterans' services, the
nearest [division] DEPARTMENT of veterans' services office, the nearest
county or city veterans' service agency and the nearest accredited
veterans' service officer.
§ 79. Subdivision 3 of section 3422 of the public health law, as
amended by chapter 490 of the laws of 2019, is amended to read as
follows:
3. A candidate who fails to attain a passing grade on his OR HER
licensing examination is entitled to a maximum of three re-examinations;
provided, however, that if such candidate fails to attain a passing
grade within three years after completion of his OR HER training, he OR
SHE must requalify in accordance with the provisions of the public
health law and rules and regulations promulgated thereunder existing and
in force as of the date of subsequent application for licensing examina-
tion, except that a satisfactorily completed required course of study
need not be recompleted. A candidate inducted into the armed forces of
the United States during or after completion of training may (a) after
honorable discharge or (b) after a discharge other than bad conduct or
dishonorable where the candidate (i) has a qualifying condition, as
defined in section [three hundred fifty] ONE of the [executive] VETER-
ANS' SERVICES law, or (ii) is a discharged LGBT veteran, as defined in
section [three hundred fifty] ONE of the [executive] VETERANS' SERVICES
law, and upon proper application as required by the department be eligi-
ble for an exemption with respect to time served in such service.
§ 80. Section 63 of the public officers law, as amended by chapter 606
of the laws of 2021, is amended to read as follows:
§ 63. Leave of absence for veterans on Memorial day and Veterans' day.
It shall be the duty of the head of every public department and of every
court of the state of New York, of every superintendent or foreman on
the public works of said state, of the county officers of the several
counties of said state, of the town officers of the various towns in
this state, of the fire district officers of the various fire districts
in this state, and of the head of every department, bureau and office in
the government of the various cities and villages in this state, and the
officers of any public benefit corporation or any public authority of
this state, or of any public benefit corporation or public authority of
any county or subdivision of this state, to give leave of absence with
pay for twenty-four hours on the day prescribed by law as a public holi-
day for the observance of Memorial day and on the eleventh day of Novem-
ber, known as Veterans' day, to every person in the service of the
S. 7526 78
state, the county, the town, the fire district, the city or village, the
public benefit corporation or public authority of this state, or any
public benefit corporation or public authority of any county or subdivi-
sion of this state, as the case may be, (i) who served on active duty in
the armed forces of the United States during world war I or world war
II, or who was employed by the War Shipping Administration or Office of
Defense Transportation or their agents as a merchant seaman documented
by the United States Coast Guard or Department of Commerce, or as a
civil servant employed by the United States Army Transport Service
(later redesignated as the United States Army Transportation Corps,
Water Division) or the Naval Transportation Service; and who served
satisfactorily as a crew member during the period of armed conflict,
December seventh, nineteen hundred forty-one, to August fifteenth, nine-
teen hundred forty-five, aboard merchant vessels in oceangoing, i.e.,
foreign, intercoastal, or coastwise service as such terms are defined
under federal law (46 USCA 10301 & 10501) and further to include "near
foreign" voyages between the United States and Canada, Mexico, or the
West Indies via ocean routes, or public vessels in oceangoing service or
foreign waters and who has received a Certificate of Release or
Discharge from Active Duty and a discharge certificate, or an Honorable
Service Certificate/Report of Casualty, from the Department of Defense,
or who served as a United States civilian employed by the American Field
Service and served overseas under United States Armies and United States
Army Groups in world war II during the period of armed conflict, Decem-
ber seventh, nineteen hundred forty-one through May eighth, nineteen
hundred forty-five, and who (a) was discharged or released therefrom
under honorable conditions, or (b) has a qualifying condition, as
defined in section [three hundred fifty] ONE of the [executive] VETER-
ANS' SERVICES law, and has received a discharge other than bad conduct
or dishonorable from such service, or (c) is a discharged LGBT veteran,
as defined in section [three hundred fifty] ONE of the [executive]
VETERANS' SERVICES law, and has received a discharge other than bad
conduct or dishonorable from such service or who served as a United
States civilian Flight Crew and Aviation Ground Support Employee of Pan
American World Airways or one of its subsidiaries or its affiliates and
served overseas as a result of Pan American's contract with Air Trans-
port Command or Naval Air Transport Service during the period of armed
conflict, December fourteenth, nineteen hundred forty-one through August
fourteenth, nineteen hundred forty-five, and who (d) was discharged or
released therefrom under honorable conditions, or (e) has a qualifying
condition, as defined in section [three hundred fifty] ONE of the [exec-
utive] VETERANS' SERVICES law, and has received a discharge other than
bad conduct or dishonorable from such service, or (f) is a discharged
LGBT veteran, as defined in section [three hundred fifty] ONE of the
[executive] VETERANS' SERVICES law, and has received a discharge other
than bad conduct or dishonorable from such service or during the period
of the Korean conflict at any time between the dates of June twenty-sev-
enth, nineteen hundred fifty and January thirty-first, nineteen hundred
fifty-five, or during the period of the Vietnam conflict from the twen-
ty-eighth day of February, nineteen hundred sixty-one to the seventh day
of May, nineteen hundred seventy-five, or (ii) who served on active duty
in the armed forces of the United States and who was a recipient of the
armed forces expeditionary medal, navy expeditionary medal or marine
corps expeditionary medal for participation in operations in Lebanon
from June first, nineteen hundred eighty-three to December first, nine-
teen hundred eighty-seven, in Grenada from October twenty-third, nine-
S. 7526 79
teen hundred eighty-three to November twenty-first, nineteen hundred
eighty-three, or in Panama from December twentieth, nineteen hundred
eighty-nine to January thirty-first, nineteen hundred ninety, or (iii)
who served in the armed forces of a foreign country allied with the
United States during world war I or world war II, or during the period
of the Korean conflict at any time between June twenty-seventh, nineteen
hundred fifty and January thirty-first, nineteen hundred fifty-five, or
during the period of the Vietnam conflict from the first day of Novem-
ber, nineteen hundred fifty-five to the seventh day of May, nineteen
hundred seventy-five, or during the period of the Persian Gulf conflict
from the second day of August, nineteen hundred ninety to the end of
such conflict, or who served on active duty in the army or navy or
marine corps or air force or coast guard of the United States, and who
(a) was honorably discharged or separated from such service under honor-
able conditions, or (b) has a qualifying condition, as defined in
section [three hundred fifty] ONE of the [executive] VETERANS' SERVICES
law, and has received a discharge other than bad conduct or dishonorable
from such service, or (c) is a discharged LGBT veteran, as defined in
section [three hundred fifty] ONE of the [executive] VETERANS' SERVICES
law, and has received a discharge other than bad conduct or dishonorable
from such service except where such action would endanger the public
safety or the safety or health of persons cared for by the state, in
which event such persons shall be entitled to leave of absence with pay
on another day in lieu thereof. All such persons who are compensated on
a per diem, hourly, semi-monthly or monthly basis, with or without main-
tenance, shall also be entitled to leave of absence with pay under the
provisions of this section and no deduction in vacation allowance or
budgetary allowable number of working days shall be made in lieu there-
of. A refusal to give such leave of absence to one entitled thereto
shall be neglect of duty.
§ 81. Subdivision 3 of section 1271 of the private housing finance
law, as amended by chapter 490 of the laws of 2019, is amended to read
as follows:
3. "Veteran" shall mean a resident of this state who (a) has served in
the United States army, navy, marine corps, air force or coast guard or
(b) has served on active duty or ordered to active duty as defined in 10
USC 101 (d)(1) as a member of the national guard or other reserve compo-
nent of the armed forces of the United States or (c) has served on
active duty or ordered to active duty for the state, as a member of the
state organized militia as defined in subdivision nine of section one of
the military law, and has been released from such service documented by
an honorable or general discharge, or has a qualifying condition, as
defined in section [three hundred fifty] ONE of the [executive] VETER-
ANS' SERVICES law, and has received a discharge other than bad conduct
or dishonorable from such service, or is a discharged LGBT veteran, as
defined in section [three hundred fifty] ONE of the [executive] VETER-
ANS' SERVICES law, and has received a discharge other than bad conduct
or dishonorable from such service.
§ 82. Subdivisions 2 and 4-a of section 458 of the real property tax
law, as amended by chapter 490 of the laws of 2019, are amended to read
as follows:
2. Real property purchased with moneys collected by popular
subscription in partial recognition of extraordinary services rendered
by any veteran of world war one, world war two, or of the hostilities
which commenced June twenty-seventh, nineteen hundred fifty, who (a) was
honorably discharged from such service, or (b) has a qualifying condi-
S. 7526 80
tion, as defined in section [three hundred fifty] ONE of the [executive]
VETERANS' SERVICES law, and has received a discharge other than bad
conduct or dishonorable from such service, or (c) is a discharged LGBT
veteran, as defined in section [three hundred fifty] ONE of the [execu-
tive] VETERANS' SERVICES law, and has received a discharge other than
bad conduct or dishonorable from such service, and who sustained perma-
nent disability while on military duty, either total or partial, and
owned by the person who sustained such injuries, or by his or her spouse
or unremarried surviving spouse, or dependent father or mother, is
subject to taxation as herein provided. Such property shall be assessed
in the same manner as other real property in the tax district. At the
meeting of the assessors to hear complaints concerning the assessments,
a verified application for the exemption of such real property from
taxation may be presented to them by or on behalf of the owner thereof,
which application must show the facts on which the exemption is claimed,
including the amount of moneys so raised and used in or toward the
purchase of such property. No exemption on account of any such gift
shall be allowed in excess of five thousand dollars. The application for
exemption shall be presented and action thereon taken in the manner
provided by subdivision one of this section. If no application for
exemption be granted, the property shall be subject to taxation for all
purposes. The provisions herein, relating to the assessment and
exemption of property purchased with moneys raised by popular
subscription, apply and shall be enforced in each municipal corporation
authorized to levy taxes.
4-a. For the purposes of this section, the term "military or naval
services" shall be deemed to also include service: (a) by a person who
was employed by the War Shipping Administration or Office of Defense
Transportation or their agents as a merchant seaman documented by the
United States Coast Guard or Department of Commerce, or as a civil serv-
ant employed by the United States Army Transport Service (later redesig-
nated as the United States Army Transportation Corps, Water Division) or
the Naval Transportation Service; and who served satisfactorily as a
crew member during the period of armed conflict, December seventh, nine-
teen hundred forty-one, to August fifteenth, nineteen hundred forty-
five, aboard merchant vessels in oceangoing, i.e., foreign, inter-
coastal, or coastwise service as such terms are defined under federal
law (46 USCA 10301 & 10501) and further to include "near foreign"
voyages between the United States and Canada, Mexico, or the West Indies
via ocean routes, or public vessels in oceangoing service or foreign
waters and who has received a Certificate of Release or Discharge from
Active Duty and a discharge certificate, or an Honorable Service
Certificate/Report of Casualty, from the department of defense; (b)
service by a United States civilian employed by the American Field
Service who served overseas under United States Armies and United States
Army Groups in world war II during the period of armed conflict, Decem-
ber seventh, nineteen hundred forty-one through May eighth, nineteen
hundred forty-five, and who (i) was discharged or released therefrom
under honorable conditions, or (ii) has a qualifying condition, as
defined in section [three hundred fifty] ONE of the [executive] VETER-
ANS' SERVICES law, and has received a discharge other than bad conduct
or dishonorable from such service, or (iii) is a discharged LGBT veter-
an, as defined in section [three hundred fifty] ONE of the [executive]
VETERANS' SERVICES law, and has received a discharge other than bad
conduct or dishonorable from such service; or (c) service by a United
States civilian Flight Crew and Aviation Ground Support Employee of Pan
S. 7526 81
American World Airways or one of its subsidiaries or its affiliates who
served overseas as a result of Pan American's contract with Air Trans-
port Command or Naval Air Transport Service during the period of armed
conflict, December fourteenth, nineteen hundred forty-one through August
fourteenth, nineteen hundred forty-five, and who (i) was discharged or
released therefrom under honorable conditions, or (ii) has a qualifying
condition, as defined in section [three hundred fifty] ONE of the [exec-
utive] VETERANS' SERVICES law, and has received a discharge other than
bad conduct or dishonorable from such service, or (iii) is a discharged
LGBT veteran, as defined in section [three hundred fifty] ONE of the
[executive] VETERANS' SERVICES law, and has received a discharge other
than bad conduct or dishonorable from such service.
§ 83. Paragraph (e) of subdivision 1 and subdivisions 9 and 10 of
section 458-a of the real property tax law, paragraph (e) of subdivision
1 and subdivision 10 as amended by chapter 490 of the laws of 2019,
subdivision 9 as amended by section 36 of part AA of chapter 56 of the
laws of 2019, are amended to read as follows:
(e) "Veteran" means a person (i) who served in the active military,
naval, or air service during a period of war, or who was a recipient of
the armed forces expeditionary medal, navy expeditionary medal, marine
corps expeditionary medal, or global war on terrorism expeditionary
medal, and who (1) was discharged or released therefrom under honorable
conditions, or (2) has a qualifying condition, as defined in section
[three hundred fifty] ONE of the [executive] VETERANS' SERVICES 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] ONE of the [executive] VETERANS' SERVICES law, and
has received a discharge other than bad conduct or dishonorable from
such service, (ii) who was employed by the War Shipping Administration
or Office of Defense Transportation or their agents as a merchant seaman
documented by the United States Coast Guard or Department of Commerce,
or as a civil servant employed by the United States Army Transport
Service (later redesignated as the United States Army Transportation
Corps, Water Division) or the Naval Transportation Service; and who
served satisfactorily as a crew member during the period of armed
conflict, December seventh, nineteen hundred forty-one, to August
fifteenth, nineteen hundred forty-five, aboard merchant vessels in
oceangoing, i.e., foreign, intercoastal, or coastwise service as such
terms are defined under federal law (46 USCA 10301 & 10501) and further
to include "near foreign" voyages between the United States and Canada,
Mexico, or the West Indies via ocean routes, or public vessels in ocean-
going service or foreign waters and who has received a Certificate of
Release or Discharge from Active Duty and a discharge certificate, or an
Honorable Service Certificate/Report of Casualty, from the department of
defense, (iii) who served as a United States civilian employed by the
American Field Service and served overseas under United States Armies
and United States Army Groups in world war II during the period of armed
conflict, December seventh, nineteen hundred forty-one through May
eighth, nineteen hundred forty-five, and who (1) was discharged or
released therefrom under honorable conditions, or (2) has a qualifying
condition, as defined in section [three hundred fifty] ONE of the [exec-
utive] VETERANS' SERVICES 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] ONE of the
[executive] VETERANS' SERVICES law, and has received a discharge other
than bad conduct or dishonorable from such service, (iv) who served as a
S. 7526 82
United States civilian Flight Crew and Aviation Ground Support Employee
of Pan American World Airways or one of its subsidiaries or its affil-
iates and served overseas as a result of Pan American's contract with
Air Transport Command or Naval Air Transport Service during the period
of armed conflict, December fourteenth, nineteen hundred forty-one
through August fourteenth, nineteen hundred forty-five, and who (1) was
discharged or released therefrom under honorable conditions, or (2) has
a qualifying condition, as defined in section [three hundred fifty] ONE
of the [executive] VETERANS' SERVICES 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] ONE
of the [executive] VETERANS' SERVICES law, and has received a discharge
other than bad conduct or dishonorable from such service, or (v)
notwithstanding any other provision of law to the contrary, who are
members of the reserve components of the armed forces of the United
States who (1) received an honorable discharge or release therefrom
under honorable conditions, or (2) has a qualifying condition, as
defined in section [three hundred fifty] ONE of the [executive] VETER-
ANS' SERVICES 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] ONE of the [executive]
VETERANS' SERVICES law, and has received a discharge other than bad
conduct or dishonorable from such service, but are still members of the
reserve components of the armed forces of the United States provided
that such members meet all other qualifications under the provisions of
this section.
9. The commissioner shall develop in consultation with the [director]
COMMISSIONER of the New York state [division] DEPARTMENT of veterans'
services a listing of documents to be used to establish eligibility
under this section, including but not limited to a certificate of
release or discharge from active duty also known as a DD-214 form or an
Honorable Service Certificate/Report of [Causality] CASUALTY from the
department of defense. Such information shall be made available to each
county, city, town or village assessor's office, or congressional char-
tered veterans service officers who request such information. The list-
ing of acceptable military records shall be made available on the inter-
net websites of the [division] DEPARTMENT of veterans' services and the
office of real property tax services.
10. A county, city, town, village or school district may adopt a local
law or resolution to include those military personnel who served in the
Reserve component of the United States Armed Forces that were deemed on
active duty under Executive Order 11519 signed March twenty-third, nine-
teen hundred seventy, 35 Federal Register 5003, dated March twenty-
fourth, nineteen hundred seventy and later designated by the United
States Department of Defense as Operation Graphic Hand, if such member
(1) was discharged or released therefrom under honorable conditions, or
(2) has a qualifying condition, as defined in section [three hundred
fifty] ONE of the [executive] VETERANS' SERVICES 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] ONE of the [executive] VETERANS' SERVICES law, and has received a
discharge other than bad conduct or dishonorable from such service,
provided that such veteran meets all other qualifications of this
section.
§ 84. Paragraph (a) of subdivision 1 and subdivision 8 of section
458-b of the real property tax law, paragraph (a) of subdivision 1 as
S. 7526 83
amended by chapter 490 of the laws of 2019, subdivision 8 as amended by
section 37 of part AA of chapter 56 of the laws of 2019, are amended to
read as follows:
(a) "Cold War veteran" means a person, male or female, who served on
active duty in the United States armed forces, during the time period
from September second, nineteen hundred forty-five to December twenty-
sixth, nineteen hundred ninety-one, and (i) was discharged or released
therefrom under honorable conditions, or (ii) has a qualifying condi-
tion, as defined in section [three hundred fifty] ONE of the [executive]
VETERANS' SERVICES law, and has received a discharge other than bad
conduct or dishonorable from such service, or (iii) is a discharged LGBT
veteran, as defined in section [three hundred fifty] ONE of the [execu-
tive] VETERANS' SERVICES law, and has received a discharge other than
bad conduct or dishonorable from such service.
8. The commissioner shall develop in consultation with the [director]
COMMISSIONER of the New York state [division] DEPARTMENT of veterans'
services a listing of documents to be used to establish eligibility
under this section, including but not limited to a certificate of
release or discharge from active duty also known as a DD-214 form or an
Honorable Service Certificate/Report of [Causality] CASUALTY from the
department of defense. Such information shall be made available to each
county, city, town or village assessor's office, or congressional char-
tered veterans service officers who request such information. The list-
ing of acceptable military records shall be made available on the inter-
net websites of the [division] DEPARTMENT of veterans' services and the
office of real property tax services.
§ 85. Subparagraph (v) of paragraph (a) of subdivision 1 of section
122 of the social services law, as amended by chapter 490 of the laws of
2019, is amended to read as follows:
(v) any alien lawfully residing in the state who is on active duty in
the armed forces (other than active duty for training) or who (1) has
received an honorable discharge (and not on account of alienage) from
the armed forces, or (2) has a qualifying condition, as defined in
section [three hundred fifty] ONE of the [executive] VETERANS' SERVICES
law, and has received a discharge other than bad conduct or dishonorable
(and not on account of alienage) from the armed forces, or (3) is a
discharged LGBT veteran, as defined in section [three hundred fifty] ONE
of the [executive] VETERANS' SERVICES law, and has received a discharge
other than bad conduct or dishonorable (and not on account of alienage)
from the armed forces, or the spouse, unremarried surviving spouse or
unmarried dependent child of any such alien, if such alien, spouse or
dependent child is a qualified alien as defined in section 431 of the
federal personal responsibility and work opportunity reconciliation act
of 1996 (8 U.S. Code 1641), as amended;
§ 86. Subdivision 1 and paragraph 5 of subdivision 2 of section 168 of
the social services law, as amended by chapter 490 of the laws of 2019,
are amended to read as follows:
1. Veteran means a person, male or female, who has served in the armed
forces of the United States in time of war, or who was a recipient of
the armed forces expeditionary medal, navy expeditionary medal or marine
corps expeditionary medal for participation in operations in Lebanon
from June first, nineteen hundred eighty-three to December first, nine-
teen hundred eighty-seven, in Grenada from October twenty-third, nine-
teen hundred eighty-three to November twenty-first, nineteen hundred
eighty-three, or in Panama from December twentieth, nineteen hundred
eighty-nine to January thirty-first, nineteen hundred ninety, and who
S. 7526 84
(1) has been honorably discharged or released under honorable circum-
stances from such service or furloughed to the reserve, or (2) has a
qualifying condition, as defined in section [three hundred fifty] ONE of
the [executive] VETERANS' SERVICES 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] ONE
of the [executive] VETERANS' SERVICES law, and has received a discharge
other than bad conduct or dishonorable from such service.
(5) World war II; from the seventh day of December, nineteen hundred
forty-one to and including the thirty-first day of December, nineteen
hundred forty-six, or who was employed by the War Shipping Adminis-
tration or Office of Defense Transportation or their agents as a
merchant seaman documented by the United States Coast Guard or Depart-
ment of Commerce, or as a civil servant employed by the United States
Army Transport Service (later redesignated as the United States Army
Transportation Corps, Water Division) or the Naval Transportation
Service; and who served satisfactorily as a crew member during the peri-
od of armed conflict, December seventh, nineteen hundred forty-one, to
August fifteenth, nineteen hundred forty-five, aboard merchant vessels
in oceangoing, i.e., foreign, intercoastal, or coastwise service as such
terms are defined under federal law (46 USCA 10301 & 10501) and further
to include "near foreign" voyages between the United States and Canada,
Mexico, or the West Indies via ocean routes, or public vessels in ocean-
going service or foreign waters and who has received a Certificate of
Release or Discharge from Active Duty and a discharge certificate, or an
Honorable Service Certificate/Report of Casualty, from the Department of
Defense or who served as a United States civilian employed by the Ameri-
can Field Service and served overseas under United States Armies and
United States Army Groups in world war II during the period of armed
conflict, December seventh, nineteen hundred forty-one through May
eighth, nineteen hundred forty-five, and who (i) was discharged or
released therefrom under honorable conditions, or (ii) has a qualifying
condition, as defined in section [three hundred fifty] ONE of the [exec-
utive] VETERANS' SERVICES law, and has received a discharge other than
bad conduct or dishonorable from such service, or (iii) is a discharged
LGBT veteran, as defined in section [three hundred fifty] ONE of the
[executive] VETERANS' SERVICES law, and has received a discharge other
than bad conduct or dishonorable from such service, or who served as a
United States civilian Flight Crew and Aviation Ground Support Employee
of Pan American World Airways or one of its subsidiaries or its affil-
iates and served overseas as a result of Pan American's contract with
Air Transport Command or Naval Air Transport Service during the period
of armed conflict, December fourteenth, nineteen hundred forty-one
through August fourteenth, nineteen hundred forty-five, and who (iv) was
discharged or released therefrom under honorable conditions, or (v) has
a qualifying condition, as defined in section [three hundred fifty] ONE
of the [executive] VETERANS' SERVICES law, and has received a discharge
other than bad conduct or dishonorable from such service, or (vi) is a
discharged LGBT veteran, as defined in section [three hundred fifty] ONE
of the [executive] VETERANS' SERVICES law, and has received a discharge
other than bad conduct or dishonorable from such service.
§ 87. Subparagraph 1 of paragraph (b) of subdivision 29 of section
210-B of the tax law, as amended by chapter 490 of the laws of 2019, is
amended to read as follows:
(1) who served on active duty in the United States army, navy, air
force, marine corps, coast guard or the reserves thereof, or who served
S. 7526 85
in active military service of the United States as a member of the army
national guard, air national guard, New York guard or New York naval
militia; who (i) was released from active duty by general or honorable
discharge after September eleventh, two thousand one, or (ii) has a
qualifying condition, as defined in section [three hundred fifty] ONE of
the [executive] VETERANS' SERVICES law, and has received a discharge
other than bad conduct or dishonorable from such service after September
eleventh, two thousand one, or (iii) is a discharged LGBT veteran, as
defined in section [three hundred fifty] ONE of the [executive] VETER-
ANS' SERVICES law, and has received a discharge other than bad conduct
or dishonorable from such service after September eleventh, two thousand
one;
§ 88. Subparagraph (A) of paragraph 2 of subsection (a-2) of section
606 of the tax law, as amended by chapter 490 of the laws of 2019, is
amended to read as follows:
(A) who served on active duty in the United States army, navy, air
force, marine corps, coast guard or the reserves thereof, or who served
in active military service of the United States as a member of the army
national guard, air national guard, New York guard or New York naval
militia; who (i) was released from active duty by general or honorable
discharge after September eleventh, two thousand one, or (ii) has a
qualifying condition, as defined in section [three hundred fifty] ONE of
the [executive] VETERANS' SERVICES law, and has received a discharge
other than bad conduct or dishonorable from such service after September
eleventh, two thousand one, or (iii) is a discharged LGBT veteran, as
defined in section [three hundred fifty] ONE of the [executive] VETER-
ANS' SERVICES law, and has received a discharge other than bad conduct
or dishonorable from such service after September eleventh, two thousand
one;
§ 89. Paragraph 18-a of subdivision (a) of section 1115 of the tax
law, as added by chapter 478 of the laws of 2016, is amended to read as
follows:
(18-a) Tangible personal property manufactured and sold by a veteran,
as defined in section [three hundred sixty-four] TWENTY-TWO of the
[executive] VETERANS' SERVICES law, for the benefit of a veteran's
service organization, provided that such person or any member of his or
her household does not conduct a trade or business in which similar
items are sold, the first two thousand five hundred dollars of receipts
from such sales in a calendar year.
§ 90. Subparagraph (A) of paragraph 2 of subdivision (g-1) of section
1511 of the tax law, as amended by chapter 490 of the laws of 2019, is
amended to read as follows:
(A) who served on active duty in the United States army, navy, air
force, marine corps, coast guard or the reserves thereof, or who served
in active military service of the United States as a member of the army
national guard, air national guard, New York guard or New York naval
militia; who (i) was released from active duty by general or honorable
discharge after September eleventh, two thousand one, or (ii) has a
qualifying condition, as defined in section [three hundred fifty] ONE of
the [executive] VETERANS' SERVICES law, and has received a discharge
other than bad conduct or dishonorable from such service after September
eleventh, two thousand one, or (iii) is a discharged LGBT veteran, as
defined in section [three hundred fifty] ONE of the [executive] VETER-
ANS' SERVICES law, and has received a discharge other than bad conduct
or dishonorable from such service after September eleventh, two thousand
one;
S. 7526 86
§ 91. Section 295 of the town law, as amended by chapter 490 of the
laws of 2019, is amended to read as follows:
§ 295. Removal of remains of deceased members of armed forces. Upon a
verified petition presented to a judge of a court of record by any armed
forces' organization in any town or city in this state by a majority of
its officers, or a majority of any memorial committee in any town or
city where there are two or more veteran armed forces' organizations, or
in towns or cities where there are no veteran armed forces' organiza-
tions, upon the petition of five or more veterans of the armed forces,
the judge to whom said verified petition is presented shall make an
order to show cause, returnable before him OR HER at a time and place
within the county in not less than fourteen or more than twenty days
from the date of presentation of said petition, why the remains of any
deceased members of the armed forces buried in potter's field, or in any
neglected or abandoned cemeteries, should not be removed to and rein-
terred in a properly kept incorporated cemetery in the same town or city
or in a town adjoining the town or city in which the remains of a
deceased member of the armed forces are buried, and to fix the amount of
the expenses for such removal and reinterment, and the order to show
cause shall provide for its publication in a newspaper, to be designated
in the order, which is published nearest to the cemetery from which the
removal is sought to be made, once in each week for two successive
weeks. The verified petition presented to the judge shall show that the
petitioners are a majority of the officers of a veteran armed forces
organization, or a majority of a memorial committee in towns or cities
where two or more veteran armed forces organizations exist, or that the
petitioners are honorably discharged veterans of the armed forces in
towns or cities where no veteran armed forces organization exists, or
that the petitioners have a qualifying condition, as defined in section
[three hundred fifty] ONE of the [executive] VETERANS' SERVICES law, and
received a discharge other than bad conduct or dishonorable from such
service and are in towns or cities where no veteran armed forces organ-
izations exist, or that the petitioners are discharged LGBT veterans, as
defined in section [three hundred fifty] ONE of the [executive] VETER-
ANS' SERVICES law, and received a discharge other than bad conduct or
dishonorable from such service and are in towns and cities where no
veteran armed forces organizations exist, and (1) the name of the
deceased member or members of the armed forces, whose remains are sought
to be removed, and if known the unit in which he, SHE or they served;
(2) the name and location of the cemetery in which he OR SHE is interred
and from which removal is asked to be made; (3) the name and location of
the incorporated cemetery to which the remains are desired to be removed
and reinterred; (4) the facts showing the reasons for such removal. Upon
the return day of the order to show cause and at the time and place
fixed in said order, upon filing proof of publication of the order to
show cause with the judge, if no objection is made thereto, he OR SHE
shall make an order directing the removal of the remains of said
deceased member or members of the armed forces to the cemetery desig-
nated in the petition within the town or city or within a town adjoining
the town or city in which the remains are then buried and shall specify
in the order the amount of the expenses of such removal, which expenses
of removal and reinterment, including the expense of the proceeding
under this section, shall be a charge upon the county in which the town
or city is situated from which the removal is made and such expenses
shall be a county charge and audited by the board of supervisors of the
county and paid in the same manner as other county charges. On and after
S. 7526 87
the removal and reinterment of the remains of the deceased member or
members of the armed forces in the armed forces' plot, the expenses for
annual care of the grave in the armed forces' burial plot to which the
removal is made shall be annually provided by the town or city in which
the remains were originally buried, at the rate of not to exceed twenty
dollars per grave, and shall be paid annually to the incorporated ceme-
tery association to which the remains of each deceased member of the
armed forces may be removed and reinterred. The petition and order shall
be filed in the county clerk's office of the county in which the remains
of the deceased member of the armed forces were originally interred, and
the service of a certified copy of the final order upon the cemetery
association shall be made prior to any removal. Any relative of the
deceased member or members of the armed forces, or the officer of any
cemetery association in which the remains of the deceased member or
members of the armed forces were originally interred, or the authorities
of the county in which the member or members of the armed forces were
originally buried, may oppose the granting of said order and the judge
shall summarily hear the statement of the parties and make such order as
the justice and equity of the application shall require. Any headstone
or monument which marks the grave of the deceased member of the armed
forces shall be removed and reset at the grave in the cemetery in which
the removal is permitted to be made and in each case the final order
shall provide the amount of the expenses of such removals and reinter-
ment and resetting of the headstone or monument, including the expenses
of the proceedings under this section; except that where provision is
otherwise made for the purchase or erection of a new headstone, monument
or marker at the grave in the cemetery to which such removal is permit-
ted, such old headstone or monument need not be so removed and reset, in
which case such final order shall not provide for the expense of reset-
ting. The order shall designate the person or persons having charge of
the removals and reinterments. Upon completion of the removal, reinter-
ment and resetting of the headstones or monuments, the person or persons
having charge of the same shall make a verified report of the removal,
reinterment and resetting of the headstone or monument and file the
report in the clerk's office of the proper county. The words "member of
the armed forces" shall be construed to mean a member of the armed forc-
es who served in the armed forces of the United States and who (5) was
honorably discharged from such service, or (6) has a qualifying condi-
tion, as defined in section [three hundred fifty] ONE of the [executive]
VETERANS' SERVICES law, and has received a discharge other than bad
conduct or dishonorable from such service, or (7) is a discharged LGBT
veteran, as defined in section [three hundred fifty] ONE of the [execu-
tive] VETERANS' SERVICES law, and has received a discharge other than
bad conduct or dishonorable from such service, and the words "armed
forces plot" shall be construed to mean a plot of land in any incorpo-
rated cemetery set apart to be exclusively used as a place for interring
the remains of deceased veterans of the armed forces of the United
States.
§ 92. Subdivision 2 of section 404-v of the vehicle and traffic law,
as amended by chapter 490 of the laws of 2019, is amended to read as
follows:
2. The distinctive plate authorized pursuant to this section shall be
issued upon proof, satisfactory to the commissioner, that the applicant
is a veteran who served in the United States Naval Armed Guard and who
(1) was honorably discharged from such service, or (2) has a qualifying
condition, as defined in section [three hundred fifty] ONE of the [exec-
S. 7526 88
utive] VETERANS' SERVICES 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] ONE of the
[executive] VETERANS' SERVICES law, and has received a discharge other
than bad conduct or dishonorable from such service.
§ 93. Subdivision 3 of section 404-v of the vehicle and traffic law,
as amended by section 19 of part AA of chapter 56 of the laws of 2019,
is amended to read as follows:
3. A distinctive plate issued pursuant to this section shall be issued
in the same manner as other number plates upon the payment of the regu-
lar registration fee prescribed by section four hundred one of this
article, provided, however, that an additional annual service charge of
fifteen dollars shall be charged for such plate. Such annual service
charge shall be deposited to the credit of the Eighth Air Force Histor-
ical Society fund established pursuant to section ninety-five-f of the
state finance law and shall be used for veterans' counseling services
provided by local veterans' service agencies pursuant to section [three
hundred fifty-seven] FOURTEEN of the [executive] VETERANS' SERVICES law
under the direction of the [division] DEPARTMENT of veterans' services.
Provided, however, that one year after the effective date of this
section funds in the amount of five thousand dollars, or so much thereof
as may be available, shall be allocated to the department to offset
costs associated with the production of such license plates.
§ 94. Paragraphs (a) and (b) of subdivision 1 of section 404-w of the
vehicle and traffic law, as amended by chapter 490 of the laws of 2019,
are amended to read as follows:
(a) a person who served in the armed forces of the United States in
the hostilities that occurred in the Persian Gulf from the eleventh day
of September, two thousand one, to the end of such hostilities, who (i)
was discharged therefrom under other than dishonorable conditions, or
(ii) has a qualifying condition, as defined in section [three hundred
fifty] ONE of the [executive] VETERANS' SERVICES law, and has received a
discharge other than bad conduct or dishonorable from such service, or
(iii) is a discharged LGBT veteran, as defined in section [three hundred
fifty] ONE of the [executive] VETERANS' SERVICES law, and has received a
discharge other than bad conduct or dishonorable from such service; or
(b) a person who served in the armed forces of the United States in
the hostilities that occurred in Afghanistan from the eleventh day of
September, two thousand one, to the end of such hostilities, who (i) was
discharged therefrom under other than dishonorable conditions, or (ii)
has a qualifying condition, as defined in section [three hundred fifty]
ONE of the [executive] VETERANS' SERVICES law, and has received a
discharge other than bad conduct or dishonorable from such service, or
(iii) is a discharged LGBT veteran, as defined in section [three hundred
fifty] ONE of the [executive] VETERANS' SERVICES law, and has received a
discharge other than bad conduct or dishonorable from such service.
§ 95. Subdivision 3 of section 404-w of the vehicle and traffic law,
as amended by chapter 490 of the laws of 2019, is amended to read as
follows:
3. For the purposes of this section, "Persian Gulf veteran" shall mean
a person who is a resident of this state, who served in the armed forces
of the United States in the hostilities that occurred in the Persian
Gulf from the second day of August, nineteen hundred ninety to the end
of such hostilities, and was (a) honorably discharged from the military,
or (b) has a qualifying condition, as defined in section [three hundred
fifty] ONE of the [executive] VETERANS' SERVICES law, and has received a
S. 7526 89
discharge other than bad conduct or dishonorable from such service, or
(c) is a discharged LGBT veteran, as defined in section [three hundred
fifty] ONE of the [executive] VETERANS' SERVICES law, and has received a
discharge other than bad conduct or dishonorable from such service.
§ 96. Paragraphs (a) and (b) of subdivision 3 of section 404-y of the
vehicle and traffic law, as amended by chapter 490 of the laws of 2019,
are amended to read as follows:
(a) "Veteran of the Iraq War" shall mean a person who is a resident of
this state, who served in the armed forces of the United States in the
hostilities that occurred in Iraq from the sixteenth day of October, two
thousand two to the end of such hostilities who (i) was discharged ther-
efrom under other than dishonorable conditions or (ii) has a qualifying
condition, as defined in section [three hundred fifty] ONE of the [exec-
utive] VETERANS' SERVICES law, and has received a discharge other than
bad conduct or dishonorable from such service, or (iii) is a discharged
LGBT veteran, as defined in section [three hundred fifty] ONE of the
[executive] VETERANS' SERVICES law, and has received a discharge other
than bad conduct or dishonorable from such service; and
(b) "Veteran of the Afghanistan War" shall mean a person who is a
resident of this state, who served in the armed forces of the United
States in the hostilities that occurred in Afghanistan from the seventh
day of October, two thousand one to the end of such hostilities who (i)
was discharged therefrom under other than dishonorable conditions or
(ii) has a qualifying condition, as defined in section [three hundred
fifty] ONE of the [executive] VETERANS' SERVICES law, and has received a
discharge other than bad conduct or dishonorable from such service, or
(iii) is a discharged LGBT veteran, as defined in section [three hundred
fifty] ONE of the [executive] VETERANS' SERVICES law, and has received a
discharge other than bad conduct or dishonorable from such service.
§ 97. Paragraph (b) of subdivision 3 of section 490 of the vehicle and
traffic law, as amended by chapter 490 of the laws of 2019, is amended
to read as follows:
(b) The identification card shall contain a distinguishing number or
mark and adequate space upon which an anatomical gift, pursuant to arti-
cle forty-three of the public health law, by the holder may be recorded
and shall contain such other information and shall be issued in such
form as the commissioner shall determine; provided, however, every iden-
tification card or renewal thereof issued to a person under the age of
twenty-one years shall have prominently imprinted thereon the statement
"UNDER 21 YEARS OF AGE" in notably distinctive print or format.
Provided, further, however, that every identification card issued to an
applicant who was a member of the armed forces of the United States and
(i) received an honorable discharge or was released therefrom under
honorable conditions, or (ii) has a qualifying condition, as defined in
section [three hundred fifty] ONE of the [executive] VETERANS' SERVICES
law, and has received a discharge other than bad conduct or dishonorable
from such service, or (iii) is a discharged LGBT veteran, as defined in
section [three hundred fifty] ONE of the [executive] VETERANS' SERVICES
law, and has received a discharge other than bad conduct or dishonorable
from such service, shall, upon his or her request and submission of
proof as set forth herein, contain a distinguishing mark, in such form
as the commissioner shall determine, indicating that he or she is a
veteran. Such proof shall consist of a certificate of release or
discharge from active duty including but not limited to a DD Form 214 or
other proof satisfactory to the commissioner. The commissioner shall not
require fees for the issuance of such identification cards or renewals
S. 7526 90
thereof to persons under twenty-one years of age which are different
from the fees required for the issuance of identification cards or
renewals thereof to persons twenty-one years of age or over, nor fees to
persons requesting a veteran distinguishing mark which are different
from fees that would otherwise be required. Provided, however, that
notwithstanding the provisions of section four hundred ninety-one of
this article, the commissioner shall not require any fees for the dupli-
cation or amendment of an identification card prior to its renewal if
such duplication or amendment was solely for the purpose of adding a
veteran distinguishing mark to such identification card.
§ 98. Paragraph (a-1) of subdivision 1 of section 504 of the vehicle
and traffic law, as amended by chapter 490 of the laws of 2019, is
amended to read as follows:
(a-1) Every license or renewal thereof issued to an applicant who was
a member of the armed forces of the United States and who (i) received
an honorable discharge or was released therefrom under honorable condi-
tions, or (ii) has a qualifying condition, as defined in section [three
hundred fifty] ONE of the [executive] VETERANS' SERVICES law, and has
received a discharge other than bad conduct or dishonorable from such
service, or (iii) is a discharged LGBT veteran, as defined in section
[three hundred fifty] ONE of the [executive] VETERANS' SERVICES law, and
has received a discharge other than bad conduct or dishonorable from
such service, shall, upon his or her request and submission of proof as
set forth herein, contain a distinguishing mark, in such form as the
commissioner shall determine, indicating that he or she is a veteran.
Such proof shall consist of a certificate of release or discharge from
active duty including but not limited to a DD Form 214 or other proof
satisfactory to the commissioner. The commissioner shall not require
fees for the issuance of such licenses or renewals thereof to persons
requesting a veteran distinguishing mark which are different from fees
otherwise required; provided, however, that notwithstanding the
provisions of this section, the commissioner shall not require fees for
a duplication or amendment of a license prior to its renewal if such
duplication or amendment was solely for the purpose of adding a veteran
distinguishing mark to such license.
§ 99. The second undesignated subparagraph of paragraph (a) of subdi-
vision 8 of section 15 of the workers' compensation law, as amended by
chapter 490 of the laws of 2019, is amended to read as follows:
Second: That any plan which will reasonably, equitably and practically
operate to break down hindrances and remove obstacles to the employment
of partially disabled persons who (i) are honorably discharged from our
armed forces, or (ii) have a qualifying condition, as defined in section
[three hundred fifty] ONE of the [executive] VETERANS' SERVICES law, and
received a discharge other than bad conduct or dishonorable from such
service, or (iii) are discharged LGBT veterans, as defined in section
[three hundred fifty] ONE of the [executive] VETERANS' SERVICES law, and
received a discharge other than bad conduct or dishonorable from such
service, or any other physically handicapped persons, is of vital impor-
tance to the state and its people and is of concern to this legislature;
§ 100. Transfer of powers of the division of veterans' services. The
functions and powers possessed by and all of the obligations and duties
of the division of veterans' services, as established pursuant to arti-
cle 17 of the executive law and other laws, shall be transferred and
assigned to, and assumed by and devolved upon, the department of veter-
ans' services.
S. 7526 91
§ 101. Abolition of the division of veterans' services. Upon the
transfer pursuant to this act of the functions and powers possessed by
and all of the obligations and duties of the division of veterans'
services, as established pursuant to article 17 of the executive law and
other laws, the division of veterans' services shall be abolished.
§ 102. Continuity of authority of the division of veterans' services.
Except as herein otherwise provided, upon the transfer pursuant to this
act of the functions and powers possessed by, and all of the obligations
and duties of, the division of veterans' services, as established pursu-
ant to article 17 of the executive law and other laws, to the department
of veterans' services as prescribed by this act, for the purpose of
succession, all functions, powers, duties and obligations of the depart-
ment of veterans' services shall be deemed and be held to constitute the
continuation of such functions, powers, duties and obligations and not a
different agency.
§ 103. Transfer of records of the division of veterans' services. Upon
the transfer pursuant to this act of the functions and powers possessed
by and all of the obligations and duties of the division of veterans'
services, as established pursuant to article 17 of the executive law and
other laws, to the department of veterans' services as prescribed by
this act, all books, papers, records and property pertaining to the
division of veterans' services shall be transferred to and maintained by
the department of veterans' services.
§ 104. Completion of unfinished business of the division of veterans'
services. Upon the transfer pursuant to this act of the functions and
powers possessed by and all of the obligations and duties of the divi-
sion of veterans' services, as established pursuant to article 17 of the
executive law and other laws, to the department of veterans' services as
prescribed by this act, any business or other matter undertaken or
commenced by the division of veterans' services pertaining to or
connected with the functions, powers, obligations and duties so trans-
ferred and assigned to the department of veterans' services, may be
conducted or completed by the department of veterans' services.
§ 105. Terms occurring in laws, contracts or other documents of or
pertaining to the division of veterans' services. Upon the transfer
pursuant to this act of the functions and powers possessed by and all of
the obligations and duties of the division of veterans' services, as
established pursuant to article 17 of the executive law and other laws,
as prescribed by this act, whenever the division of veterans' services
and the [director] COMMISSIONER thereof, the functions, powers, obli-
gations and duties of which are transferred to the department of veter-
ans' services, are referred to or designated in any law, regulation,
contract or document pertaining to the functions, powers, obligations
and duties transferred and assigned pursuant to this act, such reference
or designation shall be deemed to refer to the department of veterans'
services and its [director] COMMISSIONER.
§ 106. (a) Wherever the term "division of veterans' services" appears
in the consolidated or unconsolidated laws of this state, such term is
hereby changed to "department of veterans' services".
(b) The legislative bill drafting commission is hereby directed to
effectuate this provision, and shall be guided by a memorandum of
instruction setting forth the specific provisions of law to be amended.
Such memorandum shall be transmitted to the legislative bill drafting
commission within sixty days of enactment of this provision. Such memo-
randum shall be issued jointly by the governor, the temporary president
S. 7526 92
of the senate and the speaker of the assembly, or by the delegate of
each.
§ 107. Existing rights and remedies of or pertaining to the division
of veterans' services. Upon the transfer pursuant to this act of the
functions and powers possessed by and all of the obligations and duties
of the division of veterans' services, as established pursuant to arti-
cle 17 of the executive law and other laws, to the department of veter-
ans' services as prescribed by this act, no existing right or remedy of
the state, including the division of veterans' services, shall be lost,
impaired or affected by reason of this act.
§ 108. Pending actions and proceedings of or pertaining to the divi-
sion of veterans' services. Upon the transfer pursuant to this act of
the functions and powers possessed by and all of the obligations and
duties of the division of veterans' services, as established pursuant to
article 17 of the executive law and other laws, to the department of
veterans' services as prescribed by this act, no action or proceeding
pending on the effective date of this act, brought by or against the
division of veterans' services or the [director] COMMISSIONER thereof
shall be affected by any provision of this act, but the same may be
prosecuted or defended in the name of the New York state department of
veterans' services. In all such actions and proceedings, the New York
state department of veterans' services, upon application to the court,
shall be substituted as a party.
§ 109. Continuation of rules and regulations of or pertaining to the
division of veterans' services. Upon the transfer pursuant to this act
of the functions and powers possessed by and all the obligations and
duties of the division of veterans' services, as established pursuant to
article 17 of the executive law and other laws, to the department of
veterans' services as prescribed by this act, all rules, regulations,
acts, orders, determinations, decisions, licenses, registrations and
charters of the division of veterans' services, pertaining to the func-
tions transferred and assigned by this act to the department of veter-
ans' services, in force at the time of such transfer, assignment,
assumption or devolution shall continue in force and effect as rules,
regulations, acts, determinations and decisions of the department of
veterans' services until duly modified or repealed.
§ 110. Transfer of appropriations heretofore made to the division of
veterans' services. Upon the transfer pursuant to this act of the func-
tions and powers possessed by and all of the obligations and duties of
the division of veterans' services, as established pursuant to article
17 of the executive law and other laws, to the department of veterans'
services as prescribed by this act, all appropriations and reappropri-
ations which shall have been made available as of the date of such
transfer to the division of veterans' services or segregated pursuant to
law, to the extent of remaining unexpended or unencumbered balances
thereof, whether allocated or unallocated and whether obligated or unob-
ligated, shall be transferred to and made available for use and expendi-
ture by the department of veterans' services and shall be payable on
vouchers certified or approved by the commissioner of taxation and
finance, on audit and warrant of the comptroller. Payments of liabil-
ities for expenses of personnel services, maintenance and operation
which shall have been incurred as of the date of such transfer by the
division of veterans' services, and for liabilities incurred and to be
incurred in completing its affairs shall also be made on vouchers certi-
fied or approved by the [director] COMMISSIONER of veterans' services,
on audit and warrant of the comptroller.
S. 7526 93
§ 111. Transfer of employees. Upon the transfer pursuant to this act
of the functions and powers possessed by and all of the division of
veterans' services, as established pursuant to article 17 of the execu-
tive law and other laws, to the department of veterans' services as
prescribed by this act, provision shall be made for the transfer of all
employees from the division of veterans' services into the department of
veterans' services. Employees so transferred shall be transferred with-
out further examination or qualification to the same or similar titles
and shall remain in the same collective bargaining units and shall
retain their respective civil service classifications, status and rights
pursuant to their collective bargaining units and collective bargaining
agreements.
§ 112. Severability. If any clause, sentence, paragraph, section or
part of this act shall be adjudged by any court of competent jurisdic-
tion to be invalid, such judgment shall not affect, impair or invalidate
the remainder thereof, but shall be confined in its operation to the
clause, sentence, paragraph, section or part thereof directly involved
in the controversy in which such judgment shall have been rendered.
§ 113. This act shall take effect on the one hundred eightieth day
after it shall have become a law; provided, however, that the amendments
to subdivision (l) of section 7.09 of the mental hygiene law made by
section fifteen of this act shall not affect the repeal of such subdivi-
sion and shall be deemed repealed therewith; and provided further that
the amendments to paragraph j of subdivision 1 and subdivisions 6 and
6-d of section 163 of the state finance law made by section twenty-eight
of this act shall not affect the repeal of such section and shall be
deemed to be repealed therewith; and provided further, that if section 2
of part AA of chapter 56 of the laws of 2021 shall not have taken effect
on or before such date, then section thirty of this act shall take
effect on the same date and in the same manner as such chapter of the
laws of 2021, takes effect; and provided further that the amendments to
subdivision 3 of section 103-a of the state technology law made by
section thirty-one of this act shall not affect the repeal of such
section and shall be deemed to be repealed therewith; and provided
further, that if chapter 609 of the laws of 2021 shall not have taken
effect on or before such date, then section seventy-eight of this act
shall take effect on the same date and in the same manner as such chap-
ter of the laws of 2021 takes effect. Effective immediately, the addi-
tion, amendment and/or repeal of any rule or regulation necessary for
the implementation of this act on its effective date are authorized to
be made on or before such date.