NY State Assembly Bill 2019-A54B

Archive: Last Bill Status - Stricken

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

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Dec 06, 2019	enacting clause stricken
Jun 03, 2019	print number 54b
Jun 03, 2019	amend and recommit to veterans' affairs
Jan 22, 2019	print number 54a
Jan 22, 2019	amend and recommit to veterans' affairs
Jan 09, 2019	referred to veterans' affairs

Bill Amendments

Original

B (Active)

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2019-A54 - Details

Law Section:: Executive Law
Laws Affected:: Add Art 17-C §§369-l - 369-o, amd §353, Exec L
Versions Introduced in Other Legislative Sessions:: 2015-2016: A9293
2017-2018: A1243

2019-A54 - Summary

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

2019-A54 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    54
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 9, 2019
                                ___________
 
 Introduced  by  M.  of  A. BUCHWALD, SEAWRIGHT, L. ROSENTHAL, GOTTFRIED,
   MOSLEY,  SOLAGES,  BENEDETTO,  STIRPE,  GLICK,  JEAN-PIERRE,   CAHILL,
   JAFFEE,  O'DONNELL,  SIMON,  DINOWITZ,  ARROYO, DAVILA, BLAKE, LIFTON,
   OTIS, STECK, D'URSO, HUNTER, PAULIN, BARRON, FAHY, ZEBROWSKI, WALLACE,
   DICKENS, DE LA ROSA, ROZIC -- Multi-Sponsored by -- M.  of  A.  BRAUN-
   STEIN,  COOK, ENGLEBRIGHT, HEVESI, LUPARDO, McDONOUGH, ORTIZ, PRETLOW,
   RA, RAMOS, THIELE -- read once and referred to the Committee on Veter-
   ans' 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD00460-01-9

 A. 54                               2
 
 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,
 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

 A. 54                               3
 
 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.
   §  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.

co-Sponsors

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multi-Sponsors

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2019-A54A - Details

Law Section:: Executive Law
Laws Affected:: Add Art 17-C §§369-l - 369-o, amd §353, Exec L
Versions Introduced in Other Legislative Sessions:: 2015-2016: A9293
2017-2018: A1243

2019-A54A - Summary

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

2019-A54A - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   54--A
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 9, 2019
                                ___________
 
 Introduced  by  M.  of  A. BUCHWALD, SEAWRIGHT, L. ROSENTHAL, GOTTFRIED,
   MOSLEY,  SOLAGES,  BENEDETTO,  STIRPE,  GLICK,  JEAN-PIERRE,   CAHILL,
   JAFFEE,  O'DONNELL,  SIMON,  DINOWITZ,  ARROYO, DAVILA, BLAKE, LIFTON,
   OTIS, STECK, D'URSO, HUNTER, PAULIN, BARRON, FAHY, ZEBROWSKI, WALLACE,
   DICKENS, DE LA ROSA, ROZIC -- Multi-Sponsored by -- M.  of  A.  BRAUN-
   STEIN,  COOK, ENGLEBRIGHT, HEVESI, LUPARDO, McDONOUGH, ORTIZ, PRETLOW,
   RA, RAMOS, THIELE -- read once and referred to the Committee on Veter-
   ans' Affairs -- committee discharged, bill amended, ordered  reprinted
   as amended and recommitted to said committee
 
 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

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD00460-03-9

 A. 54--A                            2
 
 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,
 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

 A. 54--A                            3
 
 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.
   §  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. Effective immediately the addition, amendment and/or
 repeal of any rule or regulation necessary  for  the  implementation  of
 this  act  on  its effective date are authorized to be made on or before
 such date.

co-Sponsors

View additional co-sponsors

multi-Sponsors

View additional multi-sponsors

2019-A54B (ACTIVE) - Details

Law Section:: Executive Law
Laws Affected:: Add Art 17-C §§369-l - 369-o, amd §353, Exec L
Versions Introduced in Other Legislative Sessions:: 2015-2016: A9293
2017-2018: A1243

2019-A54B (ACTIVE) - Summary

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

2019-A54B (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   54--B
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 9, 2019
                                ___________
 
 Introduced  by  M.  of  A. BUCHWALD, SEAWRIGHT, L. ROSENTHAL, GOTTFRIED,
   MOSLEY,  SOLAGES,  BENEDETTO,  STIRPE,  GLICK,  JEAN-PIERRE,   CAHILL,
   JAFFEE,  O'DONNELL,  SIMON,  DINOWITZ,  ARROYO, DAVILA, BLAKE, LIFTON,
   OTIS, STECK, D'URSO, HUNTER, PAULIN, BARRON, FAHY, ZEBROWSKI, WALLACE,
   DICKENS, DE LA ROSA, ROZIC, REYES, LAVINE,  QUART,  BRONSON,  WOERNER,
   EPSTEIN,  ASHBY,  CRUZ, STERN, BYRNE, HYNDMAN, PICHARDO, SAYEGH, WALC-
   ZYK, GRIFFIN -- Multi-Sponsored by  --  M.  of  A.  BRAUNSTEIN,  COOK,
   ENGLEBRIGHT,  GALEF,  HEVESI,  LUPARDO, McDONOUGH, ORTIZ, PRETLOW, RA,
   RAMOS, THIELE -- read once and referred to the Committee on  Veterans'
   Affairs  --  committee  discharged, bill amended, ordered reprinted as
   amended and recommitted to said  committee  --  committee  discharged,
   bill  amended,  ordered  reprinted  as amended and recommitted to said
   committee
 
 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' SERVICES.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD00460-07-9

 A. 54--B                            2
 
   2.  "STATE  DIRECTOR"  MEANS  THE NEW YORK STATE DIRECTOR OF VETERANS'
 SERVICES.
   3. "VETERAN" MEANS A VETERAN AS DEFINED IN SECTION THREE HUNDRED FIFTY
 OF THIS CHAPTER.
   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,
 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.

 A. 54--B                            3
 
   § 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.
   § 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.  Effective immediately the addition, amendment and/or
 repeal of any rule or regulation necessary  for  the  implementation  of
 this  act  on its effective date are authorized to be made and completed
 on or before such date.

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Assembly Bill A54B

Sponsored By

Archive: Last Bill Status - Stricken

Bill Amendments

co-Sponsors

multi-Sponsors

2019-A54 - Details

2019-A54 - Summary

2019-A54 - Bill Text download pdf

co-Sponsors

multi-Sponsors

2019-A54A - Details

2019-A54A - Summary

2019-A54A - Bill Text download pdf

co-Sponsors

multi-Sponsors

2019-A54B (ACTIVE) - Details

2019-A54B (ACTIVE) - Summary

2019-A54B (ACTIVE) - Bill Text download pdf

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Assembly Bill A54B

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Sponsored By

BUCHWALD

Archive: Last Bill Status - Stricken

Bill Amendments

co-Sponsors

Rebecca Seawright

Linda Rosenthal

Richard Gottfried

Walter T. Mosley

multi-Sponsors

Edward Braunstein

Vivian Cook

Steven Englebright

Sandy Galef

2019-A54 - Details

2019-A54 - Summary

2019-A54 - Bill Text download pdf

co-Sponsors

Rebecca Seawright

Linda Rosenthal

Richard Gottfried

Walter T. Mosley

multi-Sponsors

Edward Braunstein

Vivian Cook

Steven Englebright

Sandy Galef

2019-A54A - Details

2019-A54A - Summary

2019-A54A - Bill Text download pdf

co-Sponsors

Rebecca Seawright

Linda Rosenthal

Richard Gottfried

Walter T. Mosley