Bill Text: NY S06087 | 2015-2016 | General Assembly | Introduced
Bill Title: Enacts the "New York State Restoration of Honor Act".
Spectrum: Partisan Bill (Democrat 9-0)
Status: (Introduced - Dead) 2016-01-06 - REFERRED TO VETERANS, HOMELAND SECURITY AND MILITARY AFFAIRS [S06087 Detail]
Download: New_York-2015-S06087-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
6087
2015-2016 Regular Sessions
I N S E N A T E
November 6, 2015
___________
Introduced by Sens. HOYLMAN, ADDABBO, GIANARIS, HASSELL-THOMPSON, LATIM-
ER, MONTGOMERY, PERKINS, SERRANO, SQUADRON -- read twice and ordered
printed, and when printed to be committed to the Committee on Rules
AN ACT to amend the executive law, in relation to enacting the "New York
State Restoration of Honor Act"
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. This act shall be known and may be cited as the "New York
2 State Restoration of Honor Act".
3 S 2. The executive law is amended by adding a new article 17-C to read
4 as follows:
5 ARTICLE 17-C
6 NEW YORK STATE RESTORATION OF HONOR ACT
7 SECTION 369-L. DEFINITIONS.
8 369-M. ELIGIBILITY OF DISCHARGED LGBT VETERANS FOR STATE BENE-
9 FITS.
10 369-N. ELIGIBILITY CERTIFICATION FOR DISCHARGED LGBT VETERANS.
11 369-O. COOPERATION AND FACILITIES OF OTHER DEPARTMENTS.
12 S 369-L. DEFINITIONS. AS USED IN THIS ARTICLE:
13 1. "DIVISION" MEANS THE DIVISION OF VETERANS' AFFAIRS.
14 2. "STATE DIRECTOR" MEANS THE NEW YORK STATE DIRECTOR OF VETERANS'
15 AFFAIRS.
16 3. "VETERAN" MEANS A RESIDENT OF THIS STATE WHO HAS SERVED IN THE
17 ACTIVE MILITARY OR NAVAL SERVICE OF THE UNITED STATES DURING A WAR IN
18 WHICH THE UNITED STATES ENGAGED AND WHO HAS BEEN RELEASED FROM SUCH
19 SERVICE.
20 4. "DISCHARGED LGBT VETERAN" SHALL MEAN A VETERAN WHO WAS DISCHARGED
21 LESS THAN HONORABLY FROM MILITARY OR NAVAL SERVICE DUE TO THEIR SEXUAL
22 ORIENTATION, GENDER IDENTITY OR EXPRESSION, OR STATEMENTS, CONSENSUAL
23 SEXUAL CONDUCT, OR CONSENSUAL ACTS RELATING TO SEXUAL ORIENTATION,
24 GENDER IDENTITY OR EXPRESSION, OR THE DISCLOSURE OF SUCH STATEMENTS,
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD13102-02-5
S. 6087 2
1 CONDUCT, OR ACTS, THAT WERE PROHIBITED BY THE ARMED FORCES AT THE TIME
2 OF DISCHARGE.
3 5. "ARMED FORCES" MEANS THE MILITARY AND NAVAL FORCES OF THE UNITED
4 STATES.
5 S 369-M. ELIGIBILITY OF DISCHARGED LGBT VETERANS FOR STATE BENEFITS.
6 1. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, NO VETERAN SHALL BE
7 DENIED ELIGIBILITY FOR ANY PROGRAM, SERVICE, BENEFIT, OR ACTIVITY OF
8 DEPARTMENTS, DIVISIONS, BOARDS, BUREAUS, COMMISSIONS OR AGENCIES OF THE
9 STATE OR OF ANY POLITICAL SUBDIVISION OF THE STATE THAT PROVIDES
10 SERVICES OR FACILITIES TO VETERANS FOR WHICH THEY WOULD OTHERWISE BE
11 ELIGIBLE, SOLELY ON THE BASIS OF THE VETERAN'S STATUS AS A DISCHARGED
12 LGBT VETERAN.
13 2. A CERTIFICATE OF ELIGIBILITY ISSUED BY THE DIVISION TO A DISCHARGED
14 LGBT VETERAN PURSUANT TO SECTION THREE HUNDRED SIXTY-NINE-N OF THIS
15 ARTICLE SHALL BE SUFFICIENT PROOF OF ELIGIBILITY FOR ANY SUCH PROGRAM,
16 SERVICE, BENEFIT, OR ACTIVITY.
17 S 369-N. ELIGIBILITY CERTIFICATION FOR DISCHARGED LGBT VETERANS. 1.
18 TO EFFECTUATE THE PURPOSES OF SECTION THREE HUNDRED SIXTY-NINE-M OF THIS
19 ARTICLE, THE DIVISION SHALL ESTABLISH A CONSISTENT AND UNIFORM PROCESS
20 FOR THE ISSUANCE OF CERTIFICATES OF ELIGIBILITY FOR DISCHARGED LGBT
21 VETERANS TO ACT AS PROOF OF ELIGIBILITY FOR ANY PROGRAM, SERVICE, BENE-
22 FIT, OR ACTIVITY OF THE STATE OR ANY POLITICAL SUBDIVISION OF THE STATE.
23 2. A DISCHARGED LGBT VETERAN SEEKING SUCH A CERTIFICATE OF ELIGIBILITY
24 SHALL BE REQUIRED TO PROVIDE EITHER:
25 (A) DOCUMENTS CONSISTING OF: (I) A COPY OF THE VETERAN'S DISCHARGE
26 PAPERS; (II) A PERSONAL AFFIDAVIT OF THE CIRCUMSTANCES SURROUNDING THE
27 DISCHARGE; AND (III) ANY RELEVANT RECORDS PERTAINING TO THE DISCHARGE;
28 OR
29 (B) A PERSONAL AFFIDAVIT: (I) OF THE CIRCUMSTANCES SURROUNDING THE
30 DISCHARGE; AND (II) CERTIFYING THAT THE VETERAN DOES NOT HAVE THE DOCU-
31 MENTS SPECIFIED IN PARAGRAPH (A) OF THIS SUBDIVISION.
32 3. IF A DISCHARGED LGBT VETERAN PROVIDES THE DIVISION WITH AN AFFIDA-
33 VIT DESCRIBED IN PARAGRAPH (B) OF SUBDIVISION TWO OF THIS SECTION, THE
34 DIVISION MAY ATTEMPT TO RETRIEVE THE DOCUMENTS SPECIFIED IN PARAGRAPH
35 (A) OF SUBDIVISION TWO OF THIS SECTION FROM THE UNITED STATES DEPARTMENT
36 OF DEFENSE. IN NO CASE, HOWEVER, SHALL THE ABSENCE OF SUCH DOCUMENTS BE
37 CONSIDERED A REASON TO DENY A VETERAN A CERTIFICATE PURSUANT TO SUBDIVI-
38 SION ONE OF THIS SECTION.
39 4. A DISCHARGED LGBT VETERAN SHALL ONLY RECEIVE SUCH CERTIFICATION
40 FROM THE DIVISION IF, WITH RESPECT TO THEIR ORIGINAL DISCHARGE, THERE
41 WERE NO AGGRAVATING CIRCUMSTANCES THAT WOULD HAVE INDEPENDENTLY LED TO A
42 DISCHARGE CHARACTERIZATION THAT WAS LESS THAN HONORABLE.
43 5. THE DIVISION SHALL MAKE AVAILABLE INFORMATION ABOUT THE PROCESS FOR
44 OBTAINING CERTIFICATES OF ELIGIBILITY FOR DISCHARGED LGBT VETERANS ON
45 THE DIVISION'S WEBSITE.
46 6. THE STATE DIRECTOR SHALL PROMULGATE AND ADOPT SUITABLE RULES AND
47 REGULATIONS TO CARRY OUT THE PROVISIONS OF THIS ARTICLE.
48 S 369-O. COOPERATION AND FACILITIES OF OTHER DEPARTMENTS. TO EFFECTU-
49 ATE THE PURPOSES OF THIS ARTICLE, THE GOVERNOR MAY DIRECT ANY RELEVANT
50 DEPARTMENT, DIVISION, BOARD, BUREAU, COMMISSION OR AGENCY OF THE STATE,
51 OR OF ANY POLITICAL SUBDIVISION THEREOF, TO COOPERATE WITH AND ASSIST
52 AND ADVISE THE DIVISION IN THE PERFORMANCE OF ITS DUTIES AND FUNCTIONS,
53 AND TO PROVIDE SUCH FACILITIES, INCLUDING PERSONNEL, MATERIALS AND OTHER
54 ASSISTANCE AND DATA AS WILL ENABLE THE DIVISION OR ANY OF ITS AGENCIES
55 TO PROPERLY CARRY OUT ITS ACTIVITIES AND EFFECTUATE ITS PURPOSES UNDER
56 THIS ARTICLE.
S. 6087 3
1 S 3. Subdivision 14 of section 353 of the executive law, as added by
2 chapter 444 of the laws of 1988 and as renumbered by chapter 652 of the
3 laws of 2007, is amended to read as follows:
4 14. To establish, operate and maintain a toll-free telephone number,
5 under the supervision of the state director, for the purpose of provid-
6 ing callers thereof with information relating to services provided by
7 the division as well as services and programs provided to veterans by
8 other agencies, bureaus and organizations AND BY OBTAINING CERTIFICATES
9 OF ELIGIBILITY FOR DISCHARGED LGBT VETERANS PURSUANT TO SECTION THREE
10 HUNDRED SIXTY-NINE-N OF THIS CHAPTER. Such services and programs shall
11 include, but not be limited to, educational and job benefits, tuition
12 assistance programs, survivor benefits, health and mental health refer-
13 rals and real property tax exemptions.
14 S 4. This act shall take effect on the ninetieth day after it shall
15 have become a law; provided that effective immediately, the division of
16 veterans' affairs is authorized to implement rules and regulations for
17 the timely implementation of this act on its effective date.
