S T A T E   O F   N E W   Y O R K
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                                  3586--A
     Cal. No. 1087
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             February 1, 2023
                                ___________
 
 Introduced  by  Sens.  FERNANDEZ, ADDABBO, ASHBY, MATTERA, MAYER, RAMOS,
   RHOADS, STEC -- read twice and ordered printed, and when printed to be
   committed to the Committee on Veterans, Homeland Security and Military
   Affairs -- committee discharged and said bill committed to the Commit-
   tee on Rules -- reported favorably from said committee, ordered  to  a
   third  reading,  passed  by  Senate  and  delivered  to  the Assembly,
   recalled, vote reconsidered, restored to third  reading,  amended  and
   ordered reprinted, retaining its place in the order of third reading
 
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD07478-05-3
 S. 3586--A                          2
 
 QUALIFYING CONDITION, AS DEFINED IN SECTION ONE OF THIS ARTICLE, AND HAS
 RECEIVED A DISCHARGE OTHER THAN BAD CONDUCT OR  DISHONORABLE  FROM  SUCH
 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
 S. 3586--A                          3
 
 AND NON-PROFIT PROGRAMS THAT MAY OFFER ASSISTANCE TO INTENDED RECIPIENTS
 IN IMMIGRATION MATTERS.
   (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.