S T A T E O F N E W Y O R K
________________________________________________________________________
1354
2023-2024 Regular Sessions
I N A S S E M B L Y
January 17, 2023
___________
Introduced by M. of A. HUNTER -- read once and referred to the Committee
on Corporations, Authorities and Commissions
AN ACT to amend the business corporation law and the not-for-profit
corporation law, in relation to exempting veterans from the payment of
certain fees relating to corporations
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The business corporation law is amended by adding a new
section 104-B to read as follows:
§ 104-B. VETERAN EXEMPTION FROM FEES.
(A) AS USED IN THIS SECTION, "VETERAN" SHALL MEAN A PERSON WHO SERVED
IN THE UNITED STATES ARMY, NAVY, AIR FORCE, MARINES, COAST GUARD AND/OR
RESERVES THEREOF, AND/OR IN THE ARMY NATIONAL GUARD, AIR NATIONAL GUARD,
NEW YORK GUARD, AND/OR NEW YORK NAVAL MILITIA AND WHO (1) HAS RECEIVED
AN HONORABLE OR GENERAL DISCHARGE FROM SUCH SERVICE, OR (2) HAS A QUALI-
FYING CONDITION, AS DEFINED IN SECTION ONE OF THE 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 ONE OF THE VETERANS' SERVICES LAW, AND HAS RECEIVED A DISCHARGE
OTHER THAN BAD CONDUCT OR DISHONORABLE FROM SUCH SERVICE; AND SUCH
PERSON IS A RESIDENT OF THE STATE OF NEW YORK AT THE TIME UNDERTAKING AN
ACTION SUBJECT TO A FEE PURSUANT TO SECTION ONE HUNDRED FOUR-A OF THIS
ARTICLE.
(B) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, NO VETERAN SHALL BE
REQUIRED TO PAY THE FEES OTHERWISE REQUIRED BY SECTION ONE HUNDRED
FOUR-A OF THIS ARTICLE WITHIN FIVE YEARS OF (1) RECEIVING AN HONORABLE
OR GENERAL DISCHARGE FROM MILITARY SERVICE, OR (2) RECEIVING CONFIRMA-
TION FROM THE DEPARTMENT OF VETERANS' SERVICES OF A QUALIFYING CONDI-
TION, OR (3) RECEIVING CONFIRMATION FROM THE DEPARTMENT OF VETERANS'
SERVICES OF THEIR STATUS AS A DISCHARGED LGBT VETERAN.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03365-01-3
A. 1354 2
(C) STATUS AS AN ELIGIBLE VETERAN PURSUANT TO THIS SECTION SHALL BE
DOCUMENTED PURSUANT TO RULES AND REGULATIONS PROMULGATED BY THE COMMIS-
SIONER OF THE DEPARTMENT OF STATE.
§ 2. The not-for-profit corporation law is amended by adding a new
section 104-B to read as follows:
§ 104-B. VETERAN EXEMPTION FROM FEES.
(A) AS USED IN THIS SECTION, "VETERAN" SHALL MEAN A PERSON WHO SERVED
IN THE UNITED STATES ARMY, NAVY, AIR FORCE, MARINES, COAST GUARD AND/OR
RESERVES THEREOF, AND/OR IN THE ARMY NATIONAL GUARD, AIR NATIONAL GUARD,
NEW YORK GUARD, AND/OR NEW YORK NAVAL MILITIA AND WHO (1) HAS RECEIVED
AN HONORABLE OR GENERAL DISCHARGE FROM SUCH SERVICE, OR (2) HAS A QUALI-
FYING CONDITION, AS DEFINED IN SECTION ONE OF THE 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 ONE OF THE VETERANS' SERVICES LAW, AND HAS RECEIVED A DISCHARGE
OTHER THAN BAD CONDUCT OR DISHONORABLE FROM SUCH SERVICE; AND SUCH
PERSON IS A RESIDENT OF THE STATE OF NEW YORK AT THE TIME UNDERTAKING AN
ACTION SUBJECT TO A FEE PURSUANT TO SECTION ONE HUNDRED FOUR-A OF THIS
ARTICLE.
(B) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, NO VETERAN SHALL BE
REQUIRED TO PAY THE FEES OTHERWISE REQUIRED BY SECTION ONE HUNDRED
FOUR-A OF THIS ARTICLE WITHIN FIVE YEARS OF (1) RECEIVING AN HONORABLE
OR GENERAL DISCHARGE FROM MILITARY SERVICE, OR (2) RECEIVING CONFIRMA-
TION FROM THE DEPARTMENT OF VETERANS' SERVICES OF A QUALIFYING CONDI-
TION, OR (3) RECEIVING CONFIRMATION FROM THE DEPARTMENT OF VETERANS'
SERVICES OF THEIR STATUS AS A DISCHARGED LGBT VETERAN.
(C) STATUS AS AN ELIGIBLE VETERAN PURSUANT TO THIS SECTION SHALL BE
DOCUMENTED PURSUANT TO RULES AND REGULATIONS PROMULGATED BY THE COMMIS-
SIONER OF THE DEPARTMENT OF STATE.
§ 3. This act shall take effect on the one hundred eightieth day after
it shall have become a law; provided however, if section 2 of part PP of
chapter 56 of the laws of 2022 shall not have taken effect on or before
such date then sections one and two of this act shall take effect on the
same date and in the same manner as such chapter of the laws of 2022
takes effect.