S T A T E O F N E W Y O R K
________________________________________________________________________
8075
I N S E N A T E
June 4, 2010
___________
Introduced by Sen. ADAMS -- read twice and ordered printed, and when
printed to be committed to the Committee on Veterans, Homeland Securi-
ty and Military Affairs
AN ACT to amend the executive law, in relation to personal confidential
information obtained from veterans or family members of veterans
receiving services from the state and political subdivisions thereof
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The executive law is amended by adding a new section 354-e
to read as follows:
S 354-E. USE OF PERSONAL CONFIDENTIAL INFORMATION OBTAINED FROM VETER-
ANS OR FAMILY MEMBERS OF VETERANS RECEIVING SERVICES FROM THE STATE AND
POLITICAL SUBDIVISIONS THEREOF. 1. DEPARTMENTS, DIVISIONS, BUREAUS,
BOARDS, COMMISSIONS AND AGENCIES OF THE STATE AND POLITICAL SUBDIVISIONS
THEREOF, WHICH PROVIDE ASSISTANCE, TREATMENT, COUNSELING, CARE, SUPER-
VISION OR CUSTODY IN SERVICE AREAS INVOLVING HEALTH, MENTAL HEALTH,
FAMILY SERVICES, CRIMINAL JUSTICE OR EMPLOYMENT SHALL BE REQUIRED TO
SOLICIT INFORMATION ON WHETHER THEIR CUSTOMER OR CLIENT IS A VETERAN AS
DEFINED IN SECTION EIGHTY-FIVE OF THE CIVIL SERVICE LAW OR FAMILY MEMBER
OF A VETERAN. ANY NEW FORMS CREATED AFTER THE EFFECTIVE DATE OF THIS ACT
SHALL CONTAIN THE FOLLOWING QUESTIONS: "HAVE YOU SERVED IN THE UNITED
STATES ARMED FORCES?" "HAS SOMEONE IN YOUR FAMILY SERVED IN THE UNITED
STATES MILITARY?"
2. INDIVIDUALS IDENTIFYING THEMSELVES AS HAVING SERVED IN THE MILITARY
OR A FAMILY MEMBER SHALL BE ADVISED THAT THE DIVISION OF VETERANS'
AFFAIRS AND LOCAL VETERANS SERVICE AGENCIES ESTABLISHED PURSUANT TO
SECTION THREE HUNDRED FIFTY-SEVEN OF THIS ARTICLE PROVIDE ASSISTANCE TO
VETERANS REGARDING BENEFITS UNDER FEDERAL AND STATE LAW. INFORMATION
REGARDING VETERANS AND MILITARY STATUS PROVIDED BY ASSISTED PERSONS
SOLELY TO IMPLEMENT THIS SECTION SHALL BE PROTECTED AS PERSONAL CONFI-
DENTIAL MATERIAL, AND USED ONLY TO ASSIST IN THE DIAGNOSIS, TREATMENT,
ASSESSMENT AND HANDLING OF THE VETERAN'S OR FAMILY MEMBER'S PROBLEMS
WITHIN THE AGENCY REQUESTING SUCH INFORMATION AND IN REFERRING THE
VETERAN OR FAMILY MEMBER TO THE DIVISION OF VETERANS' AFFAIRS FOR THE
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD17315-01-0
S. 8075 2
INFORMATION AND ASSISTANCE WITH REGARD TO BENEFITS AND ENTITLEMENTS
UNDER FEDERAL AND STATE LAW.
S 2. This act shall take effect on the ninetieth day after it shall
have become a law; provided that any rules or regulations necessary for
the implementation of this act on its effective date shall be promulgat-
ed on or before such date.