STATE OF NEW YORK ________________________________________________________________________ 3306 2023-2024 Regular Sessions IN SENATE January 30, 2023 ___________ Introduced by Sens. HOYLMAN-SIGAL, GALLIVAN, MATTERA, STEC -- read twice and ordered printed, and when printed to be committed to the Committee on Veterans, Homeland Security and Military Affairs 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: 1 Section 1. The business corporation law is amended by adding a new 2 section 104-B to read as follows: 3 § 104-B. Veteran exemption from fees. 4 (a) As used in this section, "veteran" shall mean a person who served 5 in the United States army, navy, air force, marines, coast guard and/or 6 reserves thereof, and/or in the army national guard, air national guard, 7 New York guard, and/or New York naval militia and who (1) has received 8 an honorable or general discharge from such service, or (2) has a quali- 9 fying condition, as defined in section one of the veterans' services 10 law, and has received a discharge other than bad conduct or dishonorable 11 from such service, or (3) is a discharged LGBT veteran, as defined in 12 section one of the veterans' services law, and has received a discharge 13 other than bad conduct or dishonorable from such service; and such 14 person is a resident of the state of New York at the time undertaking an 15 action subject to a fee pursuant to section one hundred four-A of this 16 article. 17 (b) Notwithstanding any other provision of law, no veteran shall be 18 required to pay the fees otherwise required by section one hundred 19 four-A of this article within five years of (1) receiving an honorable 20 or general discharge from military service, or (2) receiving confirma- 21 tion from the department of veterans' services of a qualifying condi- 22 tion, or (3) receiving confirmation from the department of veterans' 23 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. LBD03365-01-3S. 3306 2 1 (c) Status as an eligible veteran pursuant to this section shall be 2 documented pursuant to rules and regulations promulgated by the commis- 3 sioner of the department of state. 4 § 2. The not-for-profit corporation law is amended by adding a new 5 section 104-B to read as follows: 6 § 104-B. Veteran exemption from fees. 7 (a) As used in this section, "veteran" shall mean a person who served 8 in the United States army, navy, air force, marines, coast guard and/or 9 reserves thereof, and/or in the army national guard, air national guard, 10 New York guard, and/or New York naval militia and who (1) has received 11 an honorable or general discharge from such service, or (2) has a quali- 12 fying condition, as defined in section one of the veterans' services 13 law, and has received a discharge other than bad conduct or dishonorable 14 from such service, or (3) is a discharged LGBT veteran, as defined in 15 section one of the veterans' services law, and has received a discharge 16 other than bad conduct or dishonorable from such service; and such 17 person is a resident of the state of New York at the time undertaking an 18 action subject to a fee pursuant to section one hundred four-A of this 19 article. 20 (b) Notwithstanding any other provision of law, no veteran shall be 21 required to pay the fees otherwise required by section one hundred 22 four-A of this article within five years of (1) receiving an honorable 23 or general discharge from military service, or (2) receiving confirma- 24 tion from the department of veterans' services of a qualifying condi- 25 tion, or (3) receiving confirmation from the department of veterans' 26 services of their status as a discharged LGBT veteran. 27 (c) Status as an eligible veteran pursuant to this section shall be 28 documented pursuant to rules and regulations promulgated by the commis- 29 sioner of the department of state. 30 § 3. This act shall take effect on the one hundred eightieth day after 31 it shall have become a law; provided however, if section 2 of part PP of 32 chapter 56 of the laws of 2022 shall not have taken effect on or before 33 such date then sections one and two of this act shall take effect on the 34 same date and in the same manner as such chapter of the laws of 2022 35 takes effect.