LBD00229-02-5
A. 291--A 2
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] THE MEMBER OR VETERAN 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 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 (iii) 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, or [he or she] THE MEMBER OR VETERAN served as a United States
civilian Flight Crew and Aviation Ground Support Employee of Pan Ameri-
can 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 (iv) was discharged or
released therefrom under honorable conditions, or (v) has a qualifying
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 (vi) 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.
§ 2. Subdivision 1 of section 10-102 of the election law, as amended
by chapter 104 of the laws of 2010, is amended to read as follows:
1. "Military service" means the military service of the state, or of
the United States, including the army, navy, marine corps, air force,
SPACE FORCE, coast guard, merchant marine and all components thereof,
and the coast and geodetic survey, the public health service, the
national guard when in the service of the United States pursuant to call
as provided by law, and the cadets or midshipmen of the United States
Military Academy, United States Naval Academy, United States Air Force
Academy, UNITED STATES MERCHANT MARINE ACADEMY, and United States Coast
Guard Academy.
§ 3. Subsection (a) of section 3435-a of the insurance law, as amended
by chapter 416 of the laws of 1996, is amended to read as follows:
(a) Insurers shall be prohibited from refusing to issue a motor vehi-
cle liability insurance policy to any person with a valid New York state
driver's license which has been maintained by such person for at least
thirty-nine months prior to the time of application for such policy of
insurance solely on the basis that such person has not owned or leased a
vehicle during such period, unless such decision is based on sound
underwriting and actuarial principles reasonably related to actual or
anticipated loss experience. Provided, however, that an applicant demon-
strating a continuous, valid out-of-state or out-of-country driver's
license during such thirty-nine month period due to active service in
the United States army, navy, air force, SPACE FORCE or marines shall be
A. 291--A 3
treated as if continuous licensing had been maintained in New York and
such person shall not be rejected based solely on the fact that [he or
she] SUCH PERSON served in the military.
§ 4. Subdivisions 3, 4 and 8 of section 1 of the military law, as
amended by chapter 112 of the laws of 1989, are amended to read as
follows:
3. The terms "military" and "military and naval" shall mean army or
land, air or air force, SPACE FORCE OR SPACE and navy or naval.
4. The terms "military or naval" and "military (including air) or
naval" shall mean army or land, air or air force, SPACE FORCE OR SPACE
or navy or naval.
8. The terms "active military service of the United States" and "in
the armed forces of the United States" shall mean full time duty in the
army, navy [(including], marine corps[)], air force, SPACE FORCE or
coast guard of the United States.
§ 5. Paragraph a and subparagraph 2 of paragraph b of subdivision 1 of
section 214 of the military law, paragraph a as added by chapter 853 of
the laws of 1953 and subparagraph 2 of paragraph b as amended by chapter
625 of the laws of 1965, are amended to read as follows:
a. has been a commissioned officer in active service for at least
twenty years in the organized militia of the state of New York or in the
army, air force, SPACE FORCE, navy or marine corps of the United States
for at least twenty years and
(2) for ten consecutive years of such service immediately preceding
[his] SUCH OFFICER'S retirement and transfer to the state retired list
as provided in this chapter, if [he] SUCH OFFICER has had actual combat
experience in time of war while in the army, air force, SPACE FORCE,
navy or marine corps of the United States or if [he] SUCH OFFICER has
served on the active list of a force or forces of the organized militia
for at least ten years as an enlisted [man] PERSON and at least thirty
years as a commissioned officer, shall receive annually from the date of
[his] SUCH OFFICER'S retirement and transfer to the state retired list
as provided in this chapter and during the time [he] SUCH OFFICER
remains on the state retired list seventy-five per centum of the highest
annual rate of compensation paid to [him] SUCH OFFICER by the state for
the performance of military or naval duty.
§ 6. Paragraph (b) of subdivision 1 of section 243 of the military
law, as amended by section 71 of part PP of chapter 56 of the laws of
2022, is amended to read as follows:
(b) The term "military duty" shall mean military service in the mili-
tary, naval, aviation, SPACE 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
A. 291--A 4
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
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 one of the 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 one of the 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 (iv) was discharged or released therefrom under
honorable conditions, or (v) has a qualifying 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 (vi) 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; 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] THEIR public employer to absent [himself or herself] THEMSELF from
[his or her] SUCH POLICE OFFICER'S 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] THEIR position and
to end when [he or she] SUCH PUBLIC EMPLOYEE is reinstated to [his or
her] THEIR position, provided such reinstatement is within ninety days
A. 291--A 5
after the termination of military duty, as hereinafter defined. Notwith-
standing the foregoing provisions of this paragraph, the term "military
duty" shall not include any of the foregoing services entered upon
voluntarily on or after January first, nineteen 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 other-
wise, in excess of four years performed 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 period of war, or national
emergency declared by the president.
§ 7. Subdivision 17 of section 243 of the military law, as amended by
chapter 312 of the laws of 1993, is amended to read as follows:
17. Certificates as to service. A certificate signed by the commander,
total army personnel center as to persons in the army or in any branch
of the United States service while serving pursuant to law with the army
of the United States, signed by the commander, naval military personnel
as to persons in the United States service while serving pursuant to law
with the United States navy, and signed by the commandant, United States
marine corps, as to persons in the marine corps, or in any other branch
of the United States service while serving pursuant to law with the
marine corps, signed by the chief, air force military personnel center
as to persons in the United States service while serving pursuant to law
with the United States air force OR WITH THE UNITED STATES SPACE FORCE,
or signed by an officer designated by any of them, respectively, for the
purpose, shall when produced be prima facie evidence as to any of the
following facts stated in such certificate: That a person named has not
been, or is, or has been in military service; the time when and the
place where such person entered military service, [his] SUCH PERSON'S
residence at that time, and the rank, branch, and unit of such service
that [he] SUCH PERSON entered, the dates within which [he] SUCH PERSON
was in military service, the monthly pay received by such person at the
date of issuing the certificate, the time when and the place where such
person died in or was discharged from such service. It is the duty of
the foregoing officers to furnish such certificate on application, and
any such certificate when purporting to be signed by any one of such
officers, or by any person purporting upon the face of the certificate
to have been so authorized, shall be prima facie evidence of its
contents and of the authority of the signer to issue the same.
§ 8. Section 63 of the public officers law, as amended by section 80
of part PP of chapter 56 of the laws of 2022, 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]
FOREPERSON 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
A. 291--A 6
public holiday for the observance of Memorial day and on the eleventh
day of November, known as Veterans' day, to every person in the service
of the 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 subdivision 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 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 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 (a) was discharged or
released therefrom under honorable conditions, or (b) has a qualifying
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 (c) 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 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 (d) was
discharged or released therefrom under honorable conditions, or (e) has
a qualifying 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 (f) 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 or
during the period of the Korean conflict at any time between the dates
of 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 November, nineteen hundred fifty-five 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 expedi-
tionary 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
A. 291--A 7
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 (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 twen-
ty-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 November, 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 SPACE FORCE or coast guard
of the United States, and who (a) was honorably discharged or separated
from such service under honorable conditions, or (b) has a qualifying
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 (c) 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 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 maintenance, 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 thereof. A refusal to give such leave of
absence to one entitled thereto shall be neglect of duty.
§ 9. Subdivision 6 of section 210 of the economic development law, as
amended by section 33 of part PP of chapter 56 of the laws of 2022, is
amended to read as follows:
6. "Veteran" shall mean a person who served in the United States army,
navy, air force, SPACE 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 honor-
able or general discharge from such service, or (b) has a qualifying
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 (c) 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.
§ 10. Paragraph (b) of subdivision 5 of section 50 of the civil
service law, as amended by section 1 of part EE of chapter 55 of the
laws of 2023, 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-
A. 291--A 8
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. Provided
further, the state civil service department shall, and a municipal
commission may, 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 governmental agreement, waive application
fees for all examinations held between July first, two thousand twenty-
three and December thirty-first, two thousand twenty-five. Notwithstand-
ing 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 militia, 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 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. The term "armed forces" shall
mean the army, navy, air force, SPACE FORCE, marine corps, and coast
guard.
§ 11. Paragraph (b) of subdivision 5 of section 50 of the civil
service law, as amended by section 35 of part PP of chapter 56 of the
laws of 2022, 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 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. The term "armed forces"
A. 291--A 9
shall mean the army, navy, air force, SPACE FORCE, marine corps, and
coast guard.
§ 12. Paragraph (e) of subdivision 1 of section 458-a of the real
property tax law, as amended by chapter 611 of the laws of 2023, is
amended to read as follows:
(e) "Veteran" means a person (i) who served in the active military,
naval, SPACE, or air service during a period of war, or who was a recip-
ient of the armed forces expeditionary medal, navy expeditionary medal,
marine corps expeditionary medal, or global war on terrorism expedition-
ary medal, and who (1) was discharged or released therefrom under honor-
able conditions, or (2) has a qualifying 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, (ii) who was employed by the War Ship-
ping 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, (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 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, (iv) 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 (1) was
discharged or released therefrom under honorable conditions, or (2) has
a qualifying 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, (v)
notwithstanding any other provision of law to the contrary, who are
members of the reserve components of the armed forces of the United
A. 291--A 10
States who (1) received an honorable discharge or release therefrom
under honorable conditions, or (2) has a qualifying 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, 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, or (vi) who shall be considered to have been discharged or
released from active military service of the United States under honor-
able conditions if: (1) the individual served in the active military
service of the United States for the period of time such individual was
obligated to serve at the time of entry into service; (2) the individual
was not discharged or released from such service at the time of complet-
ing such period of obligation due to an intervening enlistment or reen-
listment; (3) the individual would have been eligible for a discharge or
release under conditions other than dishonorable at such time except for
such intervening enlistment or reenlistment; and (4) the individual
served in the active military service of the United States for a period
of at least ten years, provided that such individual meets all other
qualifications under the provisions of this section.
§ 13. Paragraph b of subdivision 1 of section 250-a of the military
law, as added by chapter 465 of the laws of 2013, is amended to read as
follows:
b. In the event the governor orders the flags of the United States and
the State of New York, to be lowered to half staff, in memorial of the
death of any service member of the army, navy [(including], marine
corps[)], air force, SPACE FORCE, or coast guard of the United States,
or any service member of the army national guard, air national guard,
state guard or naval militia, the adjutant general, shall, in cooper-
ation with the office of general services, arrange for the procurement
of a flag of the United States and a flag of the State of New York,
which were flying over the capitol building at the time such flags were
lowered to half staff in compliance with the governor's order. Upon the
procurement of such flags, the adjutant general, or [his or her] THEIR
representative, shall offer the presentment of such flags, without cost,
to the person designated to dispose of the remains of the service
member, in whose honor such flags were lowered in memorial.
§ 14. Paragraph (a) of subdivision 1 of section 2018-d of the educa-
tion law, as amended by chapter 300 of the laws of 2020, is amended to
read as follows:
(a) "Military service" means the military service of the state, or of
the United States, including the army, navy, marine corps, air force,
coast guard, SPACE FORCE, merchant marine and all components thereof,
and the coast and geodetic survey, the public health service, the
national guard when in the service of the United States pursuant to call
as provided by law, and the cadets or midshipmen of the United States
Military Academy, United States Naval Academy, United States Air Force
Academy, United States Merchant Marine Academy and United States Coast
Guard Academy.
§ 15. This act shall take effect immediately; provided, however, that
the amendments to paragraph (b) of subdivision 5 of section 50 of the
civil service law made by section ten of this act shall be subject to
the expiration and reversion of such paragraph pursuant to section 2 of
A. 291--A 11
part EE of chapter 55 of the laws of 2023, when upon such date the
provisions of section eleven of this act shall take effect.