S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  3403--A
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 3, 2023
                                ___________
 
 Introduced  by  M.  of A. CRUZ, BURDICK, BARRETT, THIELE, HEVESI, SIMON,
   MORINELLO, TAGUE, SILLITTI, WALSH, GONZALEZ-ROJAS,  BENDETT,  EPSTEIN,
   ZINERMAN,  ZACCARO,  SEAWRIGHT,  TAPIA,  SIMONE, CUNNINGHAM, ANDERSON,
   BURGOS, CLARK -- read once and referred to the Committee on  Veterans'
   Affairs  --  committee  discharged, bill amended, ordered reprinted as
   amended and recommitted to said committee
 
 AN ACT to amend the veterans' services law, the  military  law  and  the
   executive  law,  in  relation  to establishing the Alex R. Jimenez New
   York state military immigrant family legacy program
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The  veterans'  services  law  is amended by adding a new
 section 29-b to read as follows:
   § 29-B. STAFF SERGEANT ALEX R.  JIMENEZ NEW YORK STATE MILITARY  IMMI-
 GRANT  FAMILY  LEGACY  PROGRAM. 1. FOR THE PURPOSES OF THIS SECTION, THE
 FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   (A) "UNIFORMED SERVICE MEMBER" SHALL MEAN A MEMBER OF THE ARMY,  NAVY,
 AIR FORCE, SPACE CORPS, MARINE CORPS, COAST GUARD, PUBLIC HEALTH SERVICE
 COMMISSIONED  CORPS,  OR NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION
 COMMISSIONED OFFICER CORPS SERVING ON ACTIVE DUTY.
   (B) "THE PROGRAM" SHALL MEAN THE STAFF SERGEANT ALEX R. JIMENEZ  MILI-
 TARY IMMIGRANT FAMILY LEGACY PROGRAM.
   (C)  "COORDINATOR"  SHALL MEAN AN EMPLOYEE OF THE DEPARTMENT APPOINTED
 BY THE COMMISSIONER, OR AN EMPLOYEE OF  THE  DIVISION  OF  MILITARY  AND
 NAVAL  AFFAIRS APPOINTED BY THE ADJUTANT GENERAL, TO SERVE AS A MILITARY
 IMMIGRANT FAMILY LEGACY  PROGRAM  COORDINATOR  PURSUANT  TO  SUBDIVISION
 THREE OF THIS SECTION.
   (D)  "VETERAN"  SHALL HAVE THE SAME MEANING AS SUCH TERM IS DEFINED IN
 SECTION ONE OF THIS ARTICLE AND SHALL ALSO INCLUDE ANY  VETERAN  WITH  A
 QUALIFYING CONDITION, AS DEFINED IN SECTION ONE OF THIS ARTICLE, AND HAS
 RECEIVED  A  DISCHARGE  OTHER THAN BAD CONDUCT OR DISHONORABLE FROM SUCH
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07478-04-3
              

 A. 3403--A                          2
 
 SERVICE, OR IS A DISCHARGED LGBT VETERAN, AS DEFINED IN SECTION  ONE  OF
 THIS  ARTICLE,  AND  HAS  RECEIVED A DISCHARGE OTHER THAN BAD CONDUCT OR
 DISHONORABLE FROM SUCH SERVICE.
   (E) "INTENDED RECIPIENTS" SHALL MEAN UNIFORMED SERVICE MEMBERS, VETER-
 ANS, RESERVE COMPONENT MEMBERS AND THEIR FAMILY MEMBERS.
   (F)  "RESERVE  COMPONENT MEMBERS" SHALL MEAN THOSE SERVING IN THE ARMY
 RESERVE, NAVY RESERVE, MARINE CORPS RESERVE, THE  ARMY  NATIONAL  GUARD,
 THE  AIR  NATIONAL  GUARD, OR RESERVE CORPS OF THE PUBLIC HEALTH SERVICE
 DURING THE TIME THE UNIT WAS FEDERALLY RECOGNIZED AS  A  RESERVE  COMPO-
 NENT.
   2.  THERE  IS HEREBY ESTABLISHED WITHIN THE DEPARTMENT, IN CONJUNCTION
 WITH THE DIVISION OF MILITARY AND NAVAL AFFAIRS, THE STAFF SERGEANT ALEX
 R. JIMENEZ NEW YORK STATE MILITARY IMMIGRANT FAMILY LEGACY PROGRAM WHICH
 SHALL BE JOINTLY DEVELOPED AND IMPLEMENTED BY THE COMMISSIONER  AND  THE
 ADJUTANT  GENERAL  OF  THE  DIVISION  OF  MILITARY AND NAVAL AFFAIRS, IN
 CONSULTATION WITH THE OFFICE FOR NEW AMERICANS ESTABLISHED  PURSUANT  TO
 SECTION  NINETY-FOUR-B  OF THE EXECUTIVE LAW, AND IN ACCORDANCE WITH THE
 PROVISIONS OF THIS SECTION. THE PRIMARY PURPOSE OF THE PROGRAM SHALL  BE
 TO  ASSIST INTENDED RECIPIENTS TO SECURE LEGAL IMMIGRATION STATUS IN THE
 UNITED STATES, INCLUDING BUT NOT LIMITED TO, CITIZENSHIP.
   3. TWO MILITARY IMMIGRANT FAMILY LEGACY PROGRAM COORDINATORS SHALL  BE
 APPOINTED,  ONE  APPOINTED  BY  THE COMMISSIONER AND ONE BY THE ADJUTANT
 GENERAL OF THE DIVISION OF MILITARY AND NAVAL AFFAIRS, TO ADMINISTER THE
 PROGRAM. EACH COORDINATOR SHALL BE A VETERAN. THE  COORDINATORS'  DUTIES
 SHALL INCLUDE, BUT NOT BE LIMITED TO:
   (A)  ASSISTING  INTENDED RECIPIENTS, WHO MAY QUALIFY FOR ADJUSTMENT OF
 STATUS, SPECIAL IMMIGRATION STATUS THROUGH THE FEDERAL PAROLE  IN  PLACE
 PROGRAM AUTHORIZED BY SECTION 1758 OF THE 2020 NATIONAL DEFENSE AUTHORI-
 ZATION  ACT,  OR  ANY OTHER SORT OF IMMIGRATION RELIEF, INCLUDING RELIEF
 THAT CAN LEAD  TO  CITIZENSHIP,  IN  SECURING  LEGAL  REPRESENTATION  OR
 CONSULTATION BY QUALIFIED IMMIGRATION ATTORNEYS OR DULY AUTHORIZED BOARD
 OF  IMMIGRATION  APPEALS  REPRESENTATIVES  AS MAY BE NECESSARY TO OBTAIN
 SUCH RELIEF.
   (B) COMMUNICATING WITH THE COMMISSIONER AND THE ADJUTANT  GENERAL  AND
 THE OFFICE FOR NEW AMERICANS REGARDING EXISTING POLICIES AND REGULATIONS
 PERTAINING  TO  THE NEEDS OF INTENDED RECIPIENTS AND TO MAKE RECOMMENDA-
 TIONS REGARDING  THE  IMPROVEMENT  OF  BENEFITS  AND  SERVICES  TO  SUCH
 INTENDED RECIPIENTS.
   (C)  SERVING  AS  LIAISON  BETWEEN  THE DEPARTMENT AND THE DIVISION OF
 MILITARY AND NAVAL AFFAIRS, THE  UNITED  STATES  CITIZENSHIP  AND  IMMI-
 GRATION SERVICES, IMMIGRATION AND CUSTOMS ENFORCEMENT, THE UNITED STATES
 DEPARTMENT OF VETERANS AFFAIRS, THE UNITED STATES DEPARTMENT OF DEFENSE,
 LOCAL  VETERANS'  SERVICE  AGENCIES,  STATE  AGENCIES, COMMUNITY GROUPS,
 ADVOCATES, AND OTHER VETERANS AND MILITARY ORGANIZATIONS AND  INTERESTED
 PARTIES  FOR  THE PURPOSE OF COORDINATING EFFORTS TO PROVIDE IMMIGRATION
 RELIEF TO INTENDED RECIPIENTS.
   (D) CONSULTING WITH QUALIFIED IMMIGRATION ATTORNEYS OR DULY AUTHORIZED
 BOARD OF IMMIGRATION APPEALS APPROVED REPRESENTATIVES TO FACILITATE SUCH
 COORDINATION WITH THE UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES
 OR OTHER APPROPRIATE AGENCY.
   (E) ADVOCATING FOR INTENDED RECIPIENTS.
   (F) DEVELOPING AND MAINTAINING A  CLEARINGHOUSE  FOR  INFORMATION  AND
 RESOURCES RELATING TO THE PROGRAM AS WELL AS OTHER FEDERAL, STATE, LOCAL
 AND NON-PROFIT PROGRAMS THAT MAY OFFER ASSISTANCE TO INTENDED RECIPIENTS
 IN IMMIGRATION MATTERS.
 A. 3403--A                          3
 
   (G)  PROMOTING  EVENTS AND ACTIVITIES THAT EDUCATE AND ASSIST INTENDED
 RECIPIENTS, INCLUDING BUT NOT LIMITED TO, VETERAN HUMAN  RIGHTS  CONFER-
 ENCES, VETERANS BENEFIT AND RESOURCES EVENTS.
   (H)  INCLUDING THE CONTRIBUTIONS THAT INTENDED RECIPIENTS HAVE MADE ON
 BEHALF OF THE UNITED STATES AND THIS STATE ON THE DEPARTMENT'S  OFFICIAL
 WEBSITE.
   (I)  DEVELOPING  INFORMATION  TO  BE MADE AVAILABLE TO CONGRESSIONALLY
 CHARTERED VETERANS' ORGANIZATIONS, AND LOCAL VETERANS' SERVICES AGENCIES
 TO PROVIDE A GENERAL OVERVIEW OF THE PROGRAM, INCLUDING BUT NOT  LIMITED
 TO,  ITS  PURPOSE  AND  THE  ELIGIBILITY  REQUIREMENTS FOR ADJUSTMENT OF
 STATUS, CITIZENSHIP, OR ANY OTHER FORM OF AVAILABLE RELIEF.
   (J) PREPARING REPORTS ON TOPICS, INCLUDING BUT  NOT  LIMITED  TO,  THE
 DEMOGRAPHICS OF INTENDED RECIPIENTS RESIDING IN THE STATE, INCLUDING THE
 NUMBER  OF  SUCH  INTENDED RECIPIENTS BY COUNTY, AN ESTIMATE OF HOW MANY
 MAY BE ELIGIBLE FOR NATURALIZATION, AND THE UNIQUE NEEDS OF THE INTENDED
 RECIPIENTS WITHIN NEW YORK  STATE  TO  THE  COMMISSIONER,  THE  ADJUTANT
 GENERAL OF THE DIVISION OF MILITARY AND NAVAL AFFAIRS AND THE OFFICE FOR
 NEW AMERICANS.
   4.  THE  COORDINATORS SHALL SUBMIT A REPORT TO THE COMMISSIONER AND TO
 THE ADJUTANT GENERAL OF THE DIVISION OF MILITARY AND  NAVAL  AFFAIRS  ON
 JANUARY  FIRST  EACH YEAR FOLLOWING THE FIRST FULL YEAR AFTER THE EFFEC-
 TIVE DATE OF THIS SECTION. SUCH REPORT SHALL INCLUDE, BUT NOT BE LIMITED
 TO, A DESCRIPTION AND EVALUATION OF THE COORDINATORS' ACTIVITIES FOR THE
 PRECEDING CALENDAR YEAR  AS  WELL  AS  ANY  RECOMMENDATIONS  FOR  FUTURE
 PROGRAMMATIC  CHANGES.  THE  COMMISSIONER SHALL SUBMIT THE REPORT TO THE
 GOVERNOR AND THE  LEGISLATURE  IN  ACCORDANCE  WITH  THE  PROVISIONS  OF
 SECTION  FOUR  OF  THIS ARTICLE. THE ADJUTANT GENERAL OF THE DIVISION OF
 MILITARY AND NAVAL AFFAIRS SHALL SUBMIT THE REPORT TO THE  GOVERNOR  AND
 THE LEGISLATURE IN ACCORDANCE WITH THE PROVISIONS OF SECTION ONE HUNDRED
 SIXTY-FOUR OF THE EXECUTIVE LAW.
   §  2.  Section  4 of the veterans' services law is amended by adding a
 new subdivision 38 to read as follows:
   38. TO ENCOURAGE THE DEVELOPMENT OF AND PROVIDE FOR THE  ESTABLISHMENT
 OF  A  STATE  MILITARY  IMMIGRANT  FAMILY LEGACY PROGRAM COORDINATOR, AS
 PROVIDED IN SECTION TWENTY-NINE-B OF THIS ARTICLE.
   § 3. The military law is amended by adding a new section 256  to  read
 as follows:
   §  256.  STATE  MILITARY  IMMIGRANT FAMILY LEGACY PROGRAM SUPPORT. THE
 ADJUTANT GENERAL SHALL ENCOURAGE THE DEVELOPMENT OF AND PROVIDE FOR  THE
 ESTABLISHMENT  OF A STATE MILITARY IMMIGRANT FAMILY LEGACY PROGRAM COOR-
 DINATOR, AS PROVIDED IN SECTION TWENTY-NINE-B OF THE VETERANS'  SERVICES
 LAW.
   §  4.  Paragraph (l) of subdivision 5 of section 94-b of the executive
 law, as added by chapter 206 of the laws of 2014, is amended to read  as
 follows:
   (l) (I) Coordinate with other state agencies and otherwise marshal the
 resources of the state to serve the needs of immigrants, AND (II) ADVISE
 THE STATE MILITARY IMMIGRANT FAMILY LEGACY PROGRAM COORDINATORS PURSUANT
 TO SECTION TWENTY-NINE-B OF THE VETERANS' SERVICES LAW;
   §  5.  This  act shall take effect on the ninetieth day after it shall
 have become a law.