S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1243
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 11, 2017
                                ___________
 
 Introduced  by  M.  of  A. BUCHWALD, SEAWRIGHT, TITONE, ROSENTHAL, GOTT-
   FRIED, MOSLEY, SOLAGES, BENEDETTO, STIRPE, GLICK, JEAN-PIERRE,  MAYER,
   CAHILL,  JAFFEE,  O'DONNELL,  SIMON,  DINOWITZ, ARROYO, DAVILA, BLAKE,
   SKOUFIS, LIFTON, OTIS, STECK -- Multi-Sponsored by -- M. of  A.  COOK,
   ENGLEBRIGHT,  FARRELL,  HEVESI, MAGEE, McDONOUGH, ORTIZ, RAMOS, THIELE
   -- read once and referred to the Committee on Veterans' Affairs
 
 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".
   § 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.
   § 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD01577-01-7

 A. 1243                             2
 
 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,
 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.
   §  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.
   § 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.
   §  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

 A. 1243                             3
 
 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.
   §  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.
   § 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.