NY State Senate Bill 2015-S6087

Archive: Last Bill Status - In Senate Committee Veterans, Homeland Security And Military Affairs Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2016	referred to veterans, homeland security and military affairs
Nov 06, 2015	referred to rules

co-Sponsors

View additional co-sponsors

2015-S6087 (ACTIVE) - Details

See Assembly Version of this Bill:: A9293
Current Committee:: Senate Veterans, Homeland Security And Military Affairs
Law Section:: Executive Law
Laws Affected:: Add Art 17-C §§369-l - 369-o, amd §353, Exec L
Versions Introduced in Other Legislative Sessions:: 2017-2018: S51, A1243
2019-2020: S45, A54

2015-S6087 (ACTIVE) - Summary

Enacts the "New York State Restoration of Honor Act".

2015-S6087 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S6087

 TITLE OF BILL :  An act to amend the executive law, in relation to
enacting the "New York State Restoration of Honor Act"

 PURPOSE : This bill would create a streamlined process for LGBT
veterans who had been discharged less than honorably from the United
States military due solely to their sexual orientation or gender
identity to restore their eligibility for New York State veteran
benefits for which they would otherwise be entitled.

 SUMMARY OF PROVISIONS : Section 1 of the bill states that the act
shall be known and may be cited as the "New York State Restoration of
Honor Act."

Section 2 of the bill creates a new article 17-c of the executive law
entitled "New York State Restoration of Honor Act."

-New section 369-1 of the executive law establishes definitions used
throughout the article.

-New section 369-m of the executive law states that no veteran shall
be denied eligibility for any program, service, benefit, or activity
of New York state or local government agencies that provide services
or facilities to veterans for which they would otherwise be eligible,
solely on the basis of the veteran's status as a discharged LGBT

veteran.

-New section 369-n of the executive law establishes a process through
the New York State Division of Veterans' Affairs through which
discharged LGBT veterans may obtain certificates of eligibility for
state and local veterans' benefits.

-New section 369-o of the executive law states that the governor may
direct any relevant state or local agencies to cooperate with and
assist the Division of Veterans' Affairs to properly carry out the
activities and effectuate its purposes under this new article.

Section 3 of the bill amends section 353 of the executive law to
require the Division of Veterans' Affairs toll-free veterans' hotline
to include information about obtaining certificates of eligibility for
discharged LGBT veterans.

Section 4 of the bill is the effective date.

 JUSTIFICATION : With the repeal of the military's Don't Ask, Don't
Tell (DADT) policy in 2011, a bright new chapter has begun for LGBT
service members. For the first time in the history of the United
States military, gay and lesbian service members can serve openly
without fear of reprisal or discharge. While there are still major
issues that need to be addressed to ensure the equality and protection
of LGBT service members - including protections for transgender
service members - it is undeniable that four years after the repeal of
DADT the United States military is more welcoming toward LGBT
individuals today than at any point in its history.

Even so, we cannot forget the generations of LGBT veterans who
suffered through past institutional discrimination and were forced out
of military service due to their sexual orientation or gender
identity. An estimated 114,000 service members have been discharged
because of their sexual orientation or gender identity since World War
II, leaving many with tarnished military records and reputations that
have unfairly jeopardized their ability to access jobs, scholarships,
and vital services.


A comprehensive survey of New York State's laws by my office found
over 50 state programs, benefits, and tax breaks for military veterans
that are directly contingent upon the veteran's discharge status. The
benefits range in scope from general eligibility for the comprehensive
services provided by the New York State Division of Veterans' Affairs
to the issuance of commemorative license plates.  The laws we
identified touch virtually every aspect of veterans' lives, from
scholarships to job opportunities to health screenings to
reimbursement for burial costs. After demonstrating unparalleled
service and risking their lives for our nation, it is our obligation
to extend a hand to all of our distinguished veterans, many who
experience great difficulty assimilating back into to civilian life.

The federal government is in the best position to act to once and for
all restore LGBT veterans' discharge records to reflect their
honorable service. Unfortunately, legislation to do this has stalled
in Congress.

While we wait for Washington, D.C. to act, it is incumbent upon New
York to lead the way. This legislation will ensure that veterans whose
discharges were less than honorable due solely to their sexual
orientation or gender identity are not impeded from receiving state
programs, services, and benefits for which they would otherwise be
eligible.

 PRIOR LEGISLATIVE HISTORY : New bill.

 FISCAL IMPLICATIONS : To be determined.

 EFFECTIVE DATE : This act shall take effect on the ninetieth day
after it shall have become a law; provided that effective immediately,
the division of veterans' affairs is authorized to implement rules and
regulations for the timely implementation of this act on its effective
date.

2015-S6087 (ACTIVE) - Bill Text download pdf

                            
                    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:

  Section  1.  This act shall be known and may be cited as the "New York
State Restoration of Honor Act".
  S 2. The executive law is amended by adding a new article 17-C to read
as follows:
                               ARTICLE 17-C
                 NEW YORK STATE RESTORATION OF HONOR ACT
SECTION 369-L. DEFINITIONS.
        369-M. ELIGIBILITY OF DISCHARGED LGBT VETERANS FOR  STATE  BENE-
               FITS.
        369-N. ELIGIBILITY CERTIFICATION FOR DISCHARGED LGBT VETERANS.
        369-O. COOPERATION AND FACILITIES OF OTHER DEPARTMENTS.
  S 369-L. DEFINITIONS. AS USED IN THIS ARTICLE:
  1. "DIVISION" MEANS THE DIVISION OF VETERANS' AFFAIRS.
  2.  "STATE  DIRECTOR"  MEANS  THE NEW YORK STATE DIRECTOR OF VETERANS'
AFFAIRS.
  3. "VETERAN" MEANS A RESIDENT OF THIS STATE  WHO  HAS  SERVED  IN  THE
ACTIVE  MILITARY  OR  NAVAL SERVICE OF THE UNITED STATES DURING A WAR IN
WHICH THE UNITED STATES ENGAGED AND WHO  HAS  BEEN  RELEASED  FROM  SUCH
SERVICE.
  4.  "DISCHARGED  LGBT VETERAN" SHALL MEAN A VETERAN WHO WAS DISCHARGED
LESS THAN HONORABLY FROM MILITARY OR NAVAL SERVICE DUE TO  THEIR  SEXUAL
ORIENTATION,  GENDER  IDENTITY  OR EXPRESSION, OR STATEMENTS, CONSENSUAL
SEXUAL CONDUCT, OR  CONSENSUAL  ACTS  RELATING  TO  SEXUAL  ORIENTATION,
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

CONDUCT, OR ACTS, THAT WERE PROHIBITED BY THE ARMED FORCES AT  THE  TIME
OF DISCHARGE.
  5.  "ARMED  FORCES"  MEANS THE MILITARY AND NAVAL FORCES OF THE UNITED
STATES.
  S 369-M. ELIGIBILITY OF DISCHARGED LGBT VETERANS FOR  STATE  BENEFITS.
1.    NOTWITHSTANDING  ANY  OTHER  PROVISION OF LAW, NO VETERAN SHALL BE
DENIED ELIGIBILITY FOR ANY PROGRAM, SERVICE,  BENEFIT,  OR  ACTIVITY  OF
DEPARTMENTS,  DIVISIONS, BOARDS, BUREAUS, COMMISSIONS OR AGENCIES OF THE
STATE OR OF  ANY  POLITICAL  SUBDIVISION  OF  THE  STATE  THAT  PROVIDES
SERVICES  OR  FACILITIES  TO  VETERANS FOR WHICH THEY WOULD OTHERWISE BE
ELIGIBLE, SOLELY ON THE BASIS OF THE VETERAN'S STATUS  AS  A  DISCHARGED
LGBT VETERAN.
  2. A CERTIFICATE OF ELIGIBILITY ISSUED BY THE DIVISION TO A DISCHARGED
LGBT  VETERAN  PURSUANT  TO  SECTION  THREE HUNDRED SIXTY-NINE-N OF THIS
ARTICLE SHALL BE SUFFICIENT PROOF OF ELIGIBILITY FOR ANY  SUCH  PROGRAM,
SERVICE, BENEFIT, OR ACTIVITY.
  S  369-N.  ELIGIBILITY CERTIFICATION FOR DISCHARGED LGBT VETERANS.  1.
TO EFFECTUATE THE PURPOSES OF SECTION THREE HUNDRED SIXTY-NINE-M OF THIS
ARTICLE, THE DIVISION SHALL ESTABLISH A CONSISTENT AND  UNIFORM  PROCESS
FOR  THE  ISSUANCE  OF  CERTIFICATES  OF ELIGIBILITY FOR DISCHARGED LGBT
VETERANS TO ACT AS PROOF OF ELIGIBILITY FOR ANY PROGRAM, SERVICE,  BENE-
FIT, OR ACTIVITY OF THE STATE OR ANY POLITICAL SUBDIVISION OF THE STATE.
  2. A DISCHARGED LGBT VETERAN SEEKING SUCH A CERTIFICATE OF ELIGIBILITY
SHALL BE REQUIRED TO PROVIDE EITHER:
  (A)  DOCUMENTS  CONSISTING  OF:  (I) A COPY OF THE VETERAN'S DISCHARGE
PAPERS; (II) A PERSONAL AFFIDAVIT OF THE CIRCUMSTANCES  SURROUNDING  THE
DISCHARGE;  AND  (III) ANY RELEVANT RECORDS PERTAINING TO THE DISCHARGE;
OR
  (B) A PERSONAL AFFIDAVIT: (I) OF  THE  CIRCUMSTANCES  SURROUNDING  THE
DISCHARGE;  AND (II) CERTIFYING THAT THE VETERAN DOES NOT HAVE THE DOCU-
MENTS SPECIFIED IN PARAGRAPH (A) OF THIS SUBDIVISION.
  3. IF A DISCHARGED LGBT VETERAN PROVIDES THE DIVISION WITH AN  AFFIDA-
VIT  DESCRIBED  IN PARAGRAPH (B) OF SUBDIVISION TWO OF THIS SECTION, THE
DIVISION MAY ATTEMPT TO RETRIEVE THE DOCUMENTS  SPECIFIED  IN  PARAGRAPH
(A) OF SUBDIVISION TWO OF THIS SECTION FROM THE UNITED STATES DEPARTMENT
OF  DEFENSE. IN NO CASE, HOWEVER, SHALL THE ABSENCE OF SUCH DOCUMENTS BE
CONSIDERED A REASON TO DENY A VETERAN A CERTIFICATE PURSUANT TO SUBDIVI-
SION ONE OF THIS SECTION.
  4. A DISCHARGED LGBT VETERAN SHALL  ONLY  RECEIVE  SUCH  CERTIFICATION
FROM  THE  DIVISION  IF, WITH RESPECT TO THEIR ORIGINAL DISCHARGE, THERE
WERE NO AGGRAVATING CIRCUMSTANCES THAT WOULD HAVE INDEPENDENTLY LED TO A
DISCHARGE CHARACTERIZATION THAT WAS LESS THAN HONORABLE.
  5. THE DIVISION SHALL MAKE AVAILABLE INFORMATION ABOUT THE PROCESS FOR
OBTAINING CERTIFICATES OF ELIGIBILITY FOR DISCHARGED  LGBT  VETERANS  ON
THE DIVISION'S WEBSITE.
  6.  THE  STATE  DIRECTOR SHALL PROMULGATE AND ADOPT SUITABLE RULES AND
REGULATIONS TO CARRY OUT THE PROVISIONS OF THIS ARTICLE.
  S 369-O. COOPERATION AND FACILITIES OF OTHER DEPARTMENTS. TO  EFFECTU-
ATE  THE  PURPOSES OF THIS ARTICLE, THE GOVERNOR MAY DIRECT ANY RELEVANT
DEPARTMENT, DIVISION, BOARD, BUREAU, COMMISSION OR AGENCY OF THE  STATE,
OR  OF  ANY  POLITICAL SUBDIVISION THEREOF, TO COOPERATE WITH AND ASSIST
AND ADVISE THE DIVISION IN THE PERFORMANCE OF ITS DUTIES AND  FUNCTIONS,
AND TO PROVIDE SUCH FACILITIES, INCLUDING PERSONNEL, MATERIALS AND OTHER
ASSISTANCE  AND  DATA AS WILL ENABLE THE DIVISION OR ANY OF ITS AGENCIES
TO PROPERLY CARRY OUT ITS ACTIVITIES AND EFFECTUATE ITS  PURPOSES  UNDER
THIS ARTICLE.

S. 6087                             3

  S  3.  Subdivision 14 of section 353 of the executive law, as added by
chapter 444 of the laws of 1988 and as renumbered by chapter 652 of  the
laws of 2007, is amended to read as follows:
  14.  To  establish, operate and maintain a toll-free telephone number,
under the supervision of the state director, for the purpose of  provid-
ing  callers  thereof  with information relating to services provided by
the division as well as services and programs provided  to  veterans  by
other  agencies, bureaus and organizations AND BY OBTAINING CERTIFICATES
OF ELIGIBILITY FOR DISCHARGED LGBT VETERANS PURSUANT  TO  SECTION  THREE
HUNDRED  SIXTY-NINE-N OF THIS CHAPTER.  Such services and programs shall
include, but not be limited to, educational and  job  benefits,  tuition
assistance  programs, survivor benefits, health and mental health refer-
rals and real property tax exemptions.
  S 4. This act shall take effect on the ninetieth day  after  it  shall
have  become a law; provided that effective immediately, the division of
veterans' affairs is authorized to implement rules and  regulations  for
the timely implementation of this act on its effective date.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Senate Bill S6087

Sponsored By

Archive: Last Bill Status - In Senate Committee Veterans, Homeland Security And Military Affairs Committee

co-Sponsors

2015-S6087 (ACTIVE) - Details

2015-S6087 (ACTIVE) - Summary

2015-S6087 (ACTIVE) - Sponsor Memo

2015-S6087 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S6087

Share this bill

Sponsored By

Archive: Last Bill Status - In Senate Committee Veterans, Homeland Security And Military Affairs Committee

co-Sponsors

2015-S6087 (ACTIVE) - Details

2015-S6087 (ACTIVE) - Summary

2015-S6087 (ACTIVE) - Sponsor Memo

2015-S6087 (ACTIVE) - Bill Text download pdf

Comments