STATE OF NEW YORK ________________________________________________________________________ 291 2025-2026 Regular Sessions IN ASSEMBLY (Prefiled) January 8, 2025 ___________ Introduced by M. of A. BARRETT -- read once and referred to the Commit- tee on Veterans' Affairs AN ACT to amend the general construction law, the election law, the insurance law, the military law, the public officers law, the economic development law, the civil service law and the real property tax law, in relation to including members of the space force as being members of the armed forces or veterans eligible for certain credits and bene- fits The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 13-a of the general construction law, as amended by 2 section 60 of part PP of chapter 56 of the laws of 2022, is amended to 3 read as follows: 4 § 13-a. Armed forces of the United States. "Armed forces of the United 5 States" means the army, navy, marine corps, air force, space force and 6 coast guard including all components thereof, and the national guard 7 when in the service of the United States pursuant to call as provided by 8 law. Pursuant to this definition no person shall be considered a member 9 or veteran of the armed forces of the United States unless [his or her] 10 such member or veteran's service therein is or was on a full-time active 11 duty basis, other than active duty for training or [he or she] such 12 member or veteran was employed by the War Shipping Administration or 13 Office of Defense Transportation or their agents as a merchant seaman 14 documented by the United States Coast Guard or Department of Commerce, 15 or as a civil servant employed by the United States Army Transport 16 Service (later redesignated as the United States Army Transportation 17 Corps, Water Division) or the Naval Transportation Service; and who 18 served satisfactorily as a crew member during the period of armed 19 conflict, December seventh, nineteen hundred forty-one, to August 20 fifteenth, nineteen hundred forty-five, aboard merchant vessels in EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD00229-01-5
A. 291 2 1 oceangoing, i.e., foreign, intercoastal, or coastwise service as such 2 terms are defined under federal law (46 USCA 10301 & 10501) and further 3 to include "near foreign" voyages between the United States and Canada, 4 Mexico, or the West Indies via ocean routes, or public vessels in ocean- 5 going service or foreign waters and who has received a Certificate of 6 Release or Discharge from Active Duty and a discharge certificate, or an 7 Honorable Service Certificate/Report of Casualty, from the Department of 8 Defense or [he or she] the member or veteran served as a United States 9 civilian employed by the American Field Service and served overseas 10 under United States Armies and United States Army Groups in world war II 11 during the period of armed conflict, December seventh, nineteen hundred 12 forty-one through May eighth, nineteen hundred forty-five, and (i) was 13 discharged or released therefrom under honorable conditions, or (ii) has 14 a qualifying condition, as defined in section one of the veterans' 15 services law, and has received a discharge other than bad conduct or 16 dishonorable from such service, or (iii) is a discharged LGBT veteran, 17 as defined in section one of the veterans' services law, and has 18 received a discharge other than bad conduct or dishonorable from such 19 service, or [he or she] the member or veteran served as a United States 20 civilian Flight Crew and Aviation Ground Support Employee of Pan Ameri- 21 can World Airways or one of its subsidiaries or its affiliates and 22 served overseas as a result of Pan American's contract with Air Trans- 23 port Command or Naval Air Transport Service during the period of armed 24 conflict, December fourteenth, nineteen hundred forty-one through August 25 fourteenth, nineteen hundred forty-five, and (iv) was discharged or 26 released therefrom under honorable conditions, or (v) has a qualifying 27 condition, as defined in section one of the veterans' services law, and 28 has received a discharge other than bad conduct or dishonorable from 29 such service, or (vi) is a discharged LGBT veteran, as defined in 30 section one of the veterans' services law, and has received a discharge 31 other than bad conduct or dishonorable from such service. 32 § 2. Subdivision 1 of section 10-102 of the election law, as amended 33 by chapter 104 of the laws of 2010, is amended to read as follows: 34 1. "Military service" means the military service of the state, or of 35 the United States, including the army, navy, marine corps, air force, 36 space force, coast guard, merchant marine and all components thereof, 37 and the coast and geodetic survey, the public health service, the 38 national guard when in the service of the United States pursuant to call 39 as provided by law, and the cadets or midshipmen of the United States 40 Military Academy, United States Naval Academy, United States Air Force 41 Academy and United States Coast Guard Academy. 42 § 3. Subsection (a) of section 3435-a of the insurance law, as amended 43 by chapter 416 of the laws of 1996, is amended to read as follows: 44 (a) Insurers shall be prohibited from refusing to issue a motor vehi- 45 cle liability insurance policy to any person with a valid New York state 46 driver's license which has been maintained by such person for at least 47 thirty-nine months prior to the time of application for such policy of 48 insurance solely on the basis that such person has not owned or leased a 49 vehicle during such period, unless such decision is based on sound 50 underwriting and actuarial principles reasonably related to actual or 51 anticipated loss experience. Provided, however, that an applicant demon- 52 strating a continuous, valid out-of-state or out-of-country driver's 53 license during such thirty-nine month period due to active service in 54 the United States army, navy, air force, space force or marines shall be 55 treated as if continuous licensing had been maintained in New York and
A. 291 3 1 such person shall not be rejected based solely on the fact that [he or 2 she] such person served in the military. 3 § 4. Subdivisions 3, 4 and 8 of section 1 of the military law, as 4 amended by chapter 112 of the laws of 1989, are amended to read as 5 follows: 6 3. The terms "military" and "military and naval" shall mean army or 7 land, air or air force, space force or space and navy or naval. 8 4. The terms "military or naval" and "military (including air) or 9 naval" shall mean army or land, air or air force, space force or space 10 or navy or naval. 11 8. The terms "active military service of the United States" and "in 12 the armed forces of the United States" shall mean full time duty in the 13 army, navy [(including], marine corps[)], air force, space force or 14 coast guard of the United States. 15 § 5. Paragraph a and subparagraph 2 of paragraph b of subdivision 1 of 16 section 214 of the military law, paragraph a as added by chapter 853 of 17 the laws of 1953 and subparagraph 2 of paragraph b as amended by chapter 18 625 of the laws of 1965, are amended to read as follows: 19 a. has been a commissioned officer in active service for at least 20 twenty years in the organized militia of the state of New York or in the 21 army, air force, space force, navy or marine corps of the United States 22 for at least twenty years and 23 (2) for ten consecutive years of such service immediately preceding 24 [his] such officer's retirement and transfer to the state retired list 25 as provided in this chapter, if [he] such officer has had actual combat 26 experience in time of war while in the army, air force, space force, 27 navy or marine corps of the United States or if [he] such officer has 28 served on the active list of a force or forces of the organized militia 29 for at least ten years as an enlisted [man] person and at least thirty 30 years as a commissioned officer, shall receive annually from the date of 31 [his] such officer's retirement and transfer to the state retired list 32 as provided in this chapter and during the time [he] such officer 33 remains on the state retired list seventy-five per centum of the highest 34 annual rate of compensation paid to [him] such officer by the state for 35 the performance of military or naval duty. 36 § 6. Paragraph (b) of subdivision 1 of section 243 of the military 37 law, as amended by section 71 of part PP of chapter 56 of the laws of 38 2022, is amended to read as follows: 39 (b) The term "military duty" shall mean military service in the mili- 40 tary, naval, aviation, space or marine service of the United States 41 subsequent to July first, nineteen hundred forty, or service under the 42 selective training and service act of nineteen hundred forty, or the 43 national guard and reserve officers mobilization act of nineteen hundred 44 forty, or any other act of congress supplementary or amendatory thereto, 45 or any similar act of congress hereafter enacted and irrespective of the 46 fact that such service was entered upon following a voluntary enlistment 47 therefor or was required under one of the foregoing acts of congress, or 48 service with the United States public health service as a commissioned 49 officer, or service with the American Red Cross while with the armed 50 forces of the United States on foreign service, or service with the 51 special services section of the armed forces of the United States on 52 foreign service, or service in the merchant marine which shall consist 53 of service as an officer or member of the crew on or in connection with 54 a vessel documented under the laws of the United States or a vessel 55 owned by, chartered to, or operated by or for the account or use of the 56 government of the United States, or service by one who was employed by
A. 291 4 1 the War Shipping Administration or Office of Defense Transportation or 2 their agents as a merchant seaman documented by the United States Coast 3 Guard or Department of Commerce, or as a civil servant employed by the 4 United States Army Transport Service (later redesignated as the United 5 States Army Transportation Corps, Water Division) or the Naval Transpor- 6 tation Service; and who served satisfactorily as a crew member during 7 the period of armed conflict, December seventh, nineteen hundred forty- 8 one, to August fifteenth, nineteen hundred forty-five, aboard merchant 9 vessels in oceangoing, i.e., foreign, intercoastal, or coastwise service 10 as such terms are defined under federal law (46 USCA 10301 & 10501) and 11 further to include "near foreign" voyages between the United States and 12 Canada, Mexico, or the West Indies via ocean routes, or public vessels 13 in oceangoing service or foreign waters and who has received a Certif- 14 icate of Release or Discharge from Active Duty and a discharge certif- 15 icate, or an Honorable Service Certificate/Report of Casualty, from the 16 Department of Defense, or who served as a United States civilian 17 employed by the American Field Service and served overseas under United 18 States Armies and United States Army Groups in world war II during the 19 period of armed conflict, December seventh, nineteen hundred forty-one 20 through May eighth, nineteen hundred forty-five, and who (i) was 21 discharged or released therefrom under honorable conditions, or (ii) has 22 a qualifying condition, as defined in section one of the veterans' 23 services law, and has received a discharge other than bad conduct or 24 dishonorable from such service, or (iii) is a discharged LGBT veteran, 25 as defined in section one of the veterans' services law, and has 26 received a discharge other than bad conduct or dishonorable from such 27 service, or who served as a United States civilian Flight Crew and 28 Aviation Ground Support Employee of Pan American World Airways or one of 29 its subsidiaries or its affiliates and served overseas as a result of 30 Pan American's contract with Air Transport Command or Naval Air Trans- 31 port Service during the period of armed conflict, December fourteenth, 32 nineteen hundred forty-one through August fourteenth, nineteen hundred 33 forty-five, and who (iv) was discharged or released therefrom under 34 honorable conditions, or (v) has a qualifying condition, as defined in 35 section one of the veterans' services law, and has received a discharge 36 other than bad conduct or dishonorable from such service, or (vi) is a 37 discharged LGBT veteran, as defined in section one of the veterans' 38 services law, and has received a discharge other than bad conduct or 39 dishonorable from such service; or service in police duty on behalf of 40 the United States government in a foreign country, if such person is a 41 police officer, as defined by section 1.20 of the criminal procedure 42 law, and if such police officer obtained the prior consent of [his or 43 her] their public employer to absent [himself or herself] themself from 44 [his or her] such police officer's position to engage in the performance 45 of such service; or as an enrollee in the United States maritime service 46 on active duty and, to such extent as may be prescribed by or under the 47 laws of the United States, any period awaiting assignment to such 48 service and any period of education or training for such service in any 49 school or institution under the jurisdiction of the United States 50 government, but shall not include temporary and intermittent gratuitous 51 service in any reserve or auxiliary force. It shall include time spent 52 in reporting for and returning from military duty and shall be deemed to 53 commence when the public employee leaves [his or her] their position and 54 to end when [he or she] such public employee is reinstated to [his or 55 her] their position, provided such reinstatement is within ninety days 56 after the termination of military duty, as hereinafter defined. Notwith-
A. 291 5 1 standing the foregoing provisions of this paragraph, the term "military 2 duty" shall not include any of the foregoing services entered upon 3 voluntarily on or after January first, nineteen hundred forty-seven and 4 before June twenty-fifth, nineteen hundred fifty; and, on or after July 5 first, nineteen hundred seventy, the term "military duty" shall not 6 include any voluntary service in excess of four years performed after 7 that date, or the total of any voluntary services, additional or other- 8 wise, in excess of four years performed after that date, shall not 9 exceed five years, if the service in excess of four years is at the 10 request and for the convenience of the federal government, except if 11 such voluntary service is performed during a period of war, or national 12 emergency declared by the president. 13 § 7. Subdivision 17 of section 243 of the military law, as amended by 14 chapter 312 of the laws of 1993, is amended to read as follows: 15 17. Certificates as to service. A certificate signed by the commander, 16 total army personnel center as to persons in the army or in any branch 17 of the United States service while serving pursuant to law with the army 18 of the United States, signed by the commander, naval military personnel 19 as to persons in the United States service while serving pursuant to law 20 with the United States navy, and signed by the commandant, United States 21 marine corps, as to persons in the marine corps, or in any other branch 22 of the United States service while serving pursuant to law with the 23 marine corps, signed by the chief, air force military personnel center 24 as to persons in the United States service while serving pursuant to law 25 with the United States air force or with the United States space force, 26 or signed by an officer designated by any of them, respectively, for the 27 purpose, shall when produced be prima facie evidence as to any of the 28 following facts stated in such certificate: That a person named has not 29 been, or is, or has been in military service; the time when and the 30 place where such person entered military service, [his] such person's 31 residence at that time, and the rank, branch, and unit of such service 32 that [he] such person entered, the dates within which [he] such person 33 was in military service, the monthly pay received by such person at the 34 date of issuing the certificate, the time when and the place where such 35 person died in or was discharged from such service. It is the duty of 36 the foregoing officers to furnish such certificate on application, and 37 any such certificate when purporting to be signed by any one of such 38 officers, or by any person purporting upon the face of the certificate 39 to have been so authorized, shall be prima facie evidence of its 40 contents and of the authority of the signer to issue the same. 41 § 8. Section 63 of the public officers law, as amended by section 80 42 of part PP of chapter 56 of the laws of 2022, is amended to read as 43 follows: 44 § 63. Leave of absence for veterans on Memorial day and Veterans' day. 45 It shall be the duty of the head of every public department and of every 46 court of the state of New York, of every superintendent or [foreman] 47 foreperson on the public works of said state, of the county officers of 48 the several counties of said state, of the town officers of the various 49 towns in this state, of the fire district officers of the various fire 50 districts in this state, and of the head of every department, bureau and 51 office in the government of the various cities and villages in this 52 state, and the officers of any public benefit corporation or any public 53 authority of this state, or of any public benefit corporation or public 54 authority of any county or subdivision of this state, to give leave of 55 absence with pay for twenty-four hours on the day prescribed by law as a 56 public holiday for the observance of Memorial day and on the eleventh
A. 291 6 1 day of November, known as Veterans' day, to every person in the service 2 of the state, the county, the town, the fire district, the city or 3 village, the public benefit corporation or public authority of this 4 state, or any public benefit corporation or public authority of any 5 county or subdivision of this state, as the case may be, (i) who served 6 on active duty in the armed forces of the United States during world war 7 I or world war II, or who was employed by the War Shipping Adminis- 8 tration or Office of Defense Transportation or their agents as a 9 merchant seaman documented by the United States Coast Guard or Depart- 10 ment of Commerce, or as a civil servant employed by the United States 11 Army Transport Service (later redesignated as the United States Army 12 Transportation Corps, Water Division) or the Naval Transportation 13 Service; and who served satisfactorily as a crew member during the peri- 14 od of armed conflict, December seventh, nineteen hundred forty-one, to 15 August fifteenth, nineteen hundred forty-five, aboard merchant vessels 16 in oceangoing, i.e., foreign, intercoastal, or coastwise service as such 17 terms are defined under federal law (46 USCA 10301 & 10501) and further 18 to include "near foreign" voyages between the United States and Canada, 19 Mexico, or the West Indies via ocean routes, or public vessels in ocean- 20 going service or foreign waters and who has received a Certificate of 21 Release or Discharge from Active Duty and a discharge certificate, or an 22 Honorable Service Certificate/Report of Casualty, from the Department of 23 Defense, or who served as a United States civilian employed by the Amer- 24 ican Field Service and served overseas under United States Armies and 25 United States Army Groups in world war II during the period of armed 26 conflict, December seventh, nineteen hundred forty-one through May 27 eighth, nineteen hundred forty-five, and who (a) was discharged or 28 released therefrom under honorable conditions, or (b) has a qualifying 29 condition, as defined in section one of the veterans' services law, and 30 has received a discharge other than bad conduct or dishonorable from 31 such service, or (c) is a discharged LGBT veteran, as defined in section 32 one of the veterans' services law, and has received a discharge other 33 than bad conduct or dishonorable from such service or who served as a 34 United States civilian Flight Crew and Aviation Ground Support Employee 35 of Pan American World Airways or one of its subsidiaries or its affil- 36 iates and served overseas as a result of Pan American's contract with 37 Air Transport Command or Naval Air Transport Service during the period 38 of armed conflict, December fourteenth, nineteen hundred forty-one 39 through August fourteenth, nineteen hundred forty-five, and who (d) was 40 discharged or released therefrom under honorable conditions, or (e) has 41 a qualifying condition, as defined in section one of the veterans' 42 services law, and has received a discharge other than bad conduct or 43 dishonorable from such service, or (f) is a discharged LGBT veteran, as 44 defined in section one of the veterans' services law, and has received a 45 discharge other than bad conduct or dishonorable from such service or 46 during the period of the Korean conflict at any time between the dates 47 of June twenty-seventh, nineteen hundred fifty and January thirty-first, 48 nineteen hundred fifty-five, or during the period of the Vietnam 49 conflict from the first day of November, nineteen hundred fifty-five to 50 the seventh day of May, nineteen hundred seventy-five, or (ii) who 51 served on active duty in the armed forces of the United States and who 52 was a recipient of the armed forces expeditionary medal, navy expedi- 53 tionary medal or marine corps expeditionary medal for participation in 54 operations in Lebanon from June first, nineteen hundred eighty-three to 55 December first, nineteen hundred eighty-seven, in Grenada from October 56 twenty-third, nineteen hundred eighty-three to November twenty-first,
A. 291 7 1 nineteen hundred eighty-three, or in Panama from December twentieth, 2 nineteen hundred eighty-nine to January thirty-first, nineteen hundred 3 ninety, or (iii) who served in the armed forces of a foreign country 4 allied with the United States during world war I or world war II, or 5 during the period of the Korean conflict at any time between June twen- 6 ty-seventh, nineteen hundred fifty and January thirty-first, nineteen 7 hundred fifty-five, or during the period of the Vietnam conflict from 8 the first day of November, nineteen hundred fifty-five to the seventh 9 day of May, nineteen hundred seventy-five, or during the period of the 10 Persian Gulf conflict from the second day of August, nineteen hundred 11 ninety to the end of such conflict, or who served on active duty in the 12 army or navy or marine corps or air force or space force or coast guard 13 of the United States, and who (a) was honorably discharged or separated 14 from such service under honorable conditions, or (b) has a qualifying 15 condition, as defined in section one of the veterans' services law, and 16 has received a discharge other than bad conduct or dishonorable from 17 such service, or (c) is a discharged LGBT veteran, as defined in section 18 one of the veterans' services law, and has received a discharge other 19 than bad conduct or dishonorable from such service except where such 20 action would endanger the public safety or the safety or health of 21 persons cared for by the state, in which event such persons shall be 22 entitled to leave of absence with pay on another day in lieu thereof. 23 All such persons who are compensated on a per diem, hourly, semi-monthly 24 or monthly basis, with or without maintenance, shall also be entitled to 25 leave of absence with pay under the provisions of this section and no 26 deduction in vacation allowance or budgetary allowable number of working 27 days shall be made in lieu thereof. A refusal to give such leave of 28 absence to one entitled thereto shall be neglect of duty. 29 § 9. Subdivision 6 of section 210 of the economic development law, as 30 amended by section 33 of part PP of chapter 56 of the laws of 2022, is 31 amended to read as follows: 32 6. "Veteran" shall mean a person who served in the United States army, 33 navy, air force, space force, marines, coast guard, and/or reserves 34 thereof, and/or in the army national guard, air national guard, New York 35 guard and/or New York naval militia and who (a) has received an honor- 36 able or general discharge from such service, or (b) has a qualifying 37 condition, as defined in section one of the veterans' services law, and 38 has received a discharge other than bad conduct or dishonorable from 39 such service, or (c) is a discharged LGBT veteran, as defined in section 40 one of the veterans' services law, and has received a discharge other 41 than bad conduct or dishonorable from such service. 42 § 10. Paragraph (b) of subdivision 5 of section 50 of the civil 43 service law, as amended by section 1 of part EE of chapter 55 of the 44 laws of 2023, is amended to read as follows: 45 (b) Notwithstanding the provisions of paragraph (a) of this subdivi- 46 sion, the state civil service department, subject to the approval of the 47 director of the budget, a municipal commission, subject to the approval 48 of the governing board or body of the city or county, as the case may 49 be, or a regional commission or personnel officer, pursuant to govern- 50 mental agreement, may elect to waive application fees, or to abolish 51 fees for specific classes of positions or types of examinations or 52 candidates, or to establish a uniform schedule of reasonable fees 53 different from those prescribed in paragraph (a) of this subdivision, 54 specifying in such schedule the classes of positions or types of exam- 55 inations or candidates to which such fees shall apply; provided, howev- 56 er, that fees shall be waived for candidates who certify to the state
A. 291 8 1 civil service department, a municipal commission or a regional commis- 2 sion that they are unemployed and primarily responsible for the support 3 of a household, or are receiving public assistance. Provided further, 4 the state civil service department shall waive the state application fee 5 for examinations for original appointment for all veterans. Provided 6 further, the state civil service department shall, and a municipal 7 commission may, subject to the approval of the governing board or body 8 of the city or county, as the case may be, or a regional commission or 9 personnel officer, pursuant to governmental agreement, waive application 10 fees for all examinations held between July first, two thousand twenty- 11 three and December thirty-first, two thousand twenty-five. Notwithstand- 12 ing any other provision of law, for purposes of this section, the term 13 "veteran" shall mean a person who has served in the armed forces of the 14 United States or the reserves thereof, or in the army national guard, 15 air national guard, New York guard, or the New York naval militia, and 16 who (1) has been honorably discharged or released from such service 17 under honorable conditions, or (2) has a qualifying condition, as 18 defined in section one of the veterans' services law, and has received a 19 discharge other than bad conduct or dishonorable from such service, or 20 (3) is a discharged LGBT veteran, as defined in section one of the 21 veterans' services law, and has received a discharge other than bad 22 conduct or dishonorable from such service. The term "armed forces" shall 23 mean the army, navy, air force, space force, marine corps, and coast 24 guard. 25 § 11. Paragraph (b) of subdivision 5 of section 50 of the civil 26 service law, as amended by section 35 of part PP of chapter 56 of the 27 laws of 2022, is amended to read as follows: 28 (b) Notwithstanding the provisions of paragraph (a) of this subdivi- 29 sion, the state civil service department, subject to the approval of the 30 director of the budget, a municipal commission, subject to the approval 31 of the governing board or body of the city or county, as the case may 32 be, or a regional commission or personnel officer, pursuant to govern- 33 mental agreement, may elect to waive application fees, or to abolish 34 fees for specific classes of positions or types of examinations or 35 candidates, or to establish a uniform schedule of reasonable fees 36 different from those prescribed in paragraph (a) of this subdivision, 37 specifying in such schedule the classes of positions or types of exam- 38 inations or candidates to which such fees shall apply; provided, howev- 39 er, that fees shall be waived for candidates who certify to the state 40 civil service department, a municipal commission or a regional commis- 41 sion that they are unemployed and primarily responsible for the support 42 of a household, or are receiving public assistance. Provided further, 43 the state civil service department shall waive the state application fee 44 for examinations for original appointment for all veterans. Notwith- 45 standing any other provision of law, for purposes of this section, the 46 term "veteran" shall mean a person who has served in the armed forces of 47 the United States or the reserves thereof, or in the army national 48 guard, air national guard, New York guard, or the New York naval mili- 49 tia, and who (1) has been honorably discharged or released from such 50 service under honorable conditions, or (2) has a qualifying condition, 51 as defined in section one of the veterans' services law, and has 52 received a discharge other than bad conduct or dishonorable from such 53 service, or (3) is a discharged LGBT veteran, as defined in section one 54 of the veterans' services law, and has received a discharge other than 55 bad conduct or dishonorable from such service. The term "armed forces"
A. 291 9 1 shall mean the army, navy, air force, space force, marine corps, and 2 coast guard. 3 § 12. Paragraph (e) of subdivision 1 of section 458-a of the real 4 property tax law, as amended by chapter 611 of the laws of 2023, is 5 amended to read as follows: 6 (e) "Veteran" means a person (i) who served in the active military, 7 naval, space, or air service during a period of war, or who was a recip- 8 ient of the armed forces expeditionary medal, navy expeditionary medal, 9 marine corps expeditionary medal, or global war on terrorism expedition- 10 ary medal, and who (1) was discharged or released therefrom under honor- 11 able conditions, or (2) has a qualifying condition, 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, or (3) is a 14 discharged LGBT veteran, as defined in section one of the veterans' 15 services law, and has received a discharge other than bad conduct or 16 dishonorable from such service, (ii) who was employed by the War Ship- 17 ping Administration or Office of Defense Transportation or their agents 18 as a merchant seaman documented by the United States Coast Guard or 19 Department of Commerce, or as a civil servant employed by the United 20 States Army Transport Service (later redesignated as the United States 21 Army Transportation Corps, Water Division) or the Naval Transportation 22 Service; and who served satisfactorily as a crew member during the peri- 23 od of armed conflict, December seventh, nineteen hundred forty-one, to 24 August fifteenth, nineteen hundred forty-five, aboard merchant vessels 25 in oceangoing, i.e., foreign, intercoastal, or coastwise service as such 26 terms are defined under federal law (46 USCA 10301 & 10501) and further 27 to include "near foreign" voyages between the United States and Canada, 28 Mexico, or the West Indies via ocean routes, or public vessels in ocean- 29 going service or foreign waters and who has received a Certificate of 30 Release or Discharge from Active Duty and a discharge certificate, or an 31 Honorable Service Certificate/Report of Casualty, from the department of 32 defense, (iii) who served as a United States civilian employed by the 33 American Field Service and served overseas under United States Armies 34 and United States Army Groups in world war II during the period of armed 35 conflict, December seventh, nineteen hundred forty-one through May 36 eighth, nineteen hundred forty-five, and who (1) was discharged or 37 released therefrom under honorable conditions, or (2) has a qualifying 38 condition, as defined in section one of the veterans' services law, and 39 has received a discharge other than bad conduct or dishonorable from 40 such service, or (3) is a discharged LGBT veteran, as defined in section 41 one of the veterans' services law, and has received a discharge other 42 than bad conduct or dishonorable from such service, (iv) who served as a 43 United States civilian Flight Crew and Aviation Ground Support Employee 44 of Pan American World Airways or one of its subsidiaries or its affil- 45 iates and served overseas as a result of Pan American's contract with 46 Air Transport Command or Naval Air Transport Service during the period 47 of armed conflict, December fourteenth, nineteen hundred forty-one 48 through August fourteenth, nineteen hundred forty-five, and who (1) was 49 discharged or released therefrom under honorable conditions, or (2) has 50 a qualifying condition, as defined in section one of the veterans' 51 services law, and has received a discharge other than bad conduct or 52 dishonorable from such service, or (3) is a discharged LGBT veteran, as 53 defined in section one of the veterans' services law, and has received a 54 discharge other than bad conduct or dishonorable from such service, (v) 55 notwithstanding any other provision of law to the contrary, who are 56 members of the reserve components of the armed forces of the United
A. 291 10 1 States who (1) received an honorable discharge or release therefrom 2 under honorable conditions, or (2) has a qualifying condition, as 3 defined in section one of the veterans' services law, and has received a 4 discharge other than bad conduct or dishonorable from such service, or 5 (3) is a discharged LGBT veteran, as defined in section one of the 6 veterans' services law, and has received a discharge other than bad 7 conduct or dishonorable from such service, but are still members of the 8 reserve components of the armed forces of the United States provided 9 that such members meet all other qualifications under the provisions of 10 this section, or (vi) who shall be considered to have been discharged or 11 released from active military service of the United States under honor- 12 able conditions if: (1) the individual served in the active military 13 service of the United States for the period of time such individual was 14 obligated to serve at the time of entry into service; (2) the individual 15 was not discharged or released from such service at the time of complet- 16 ing such period of obligation due to an intervening enlistment or reen- 17 listment; (3) the individual would have been eligible for a discharge or 18 release under conditions other than dishonorable at such time except for 19 such intervening enlistment or reenlistment; and (4) the individual 20 served in the active military service of the United States for a period 21 of at least ten years, provided that such individual meets all other 22 qualifications under the provisions of this section. 23 § 13. Paragraph b of subdivision 1 of section 250-a of the military 24 law, as added by chapter 465 of the laws of 2013, is amended to read as 25 follows: 26 b. In the event the governor orders the flags of the United States and 27 the State of New York, to be lowered to half staff, in memorial of the 28 death of any service member of the army, navy (including marine corps), 29 air force, space force, or coast guard of the United States, or any 30 service member of the army national guard, air national guard, state 31 guard or naval militia, the adjutant general, shall, in cooperation with 32 the office of general services, arrange for the procurement of a flag of 33 the United States and a flag of the State of New York, which were flying 34 over the capitol building at the time such flags were lowered to half 35 staff in compliance with the governor's order. Upon the procurement of 36 such flags, the adjutant general, or [his or her] their representative, 37 shall offer the presentment of such flags, without cost, to the person 38 designated to dispose of the remains of the service member, in whose 39 honor such flags were lowered in memorial. 40 § 14. This act shall take effect immediately; provided, however, that 41 the amendments to paragraph (b) of subdivision 5 of section 50 of the 42 civil service law made by section ten of this act shall be subject to 43 the expiration and reversion of such paragraph pursuant to section 2 of 44 part EE of chapter 55 of the laws of 2023, when upon such date the 45 provisions of section eleven of this act shall take effect.