Assembly Bill A9293

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  9293

                          I N  A S S E M B L Y

                            February 16, 2016
                               ___________

Introduced by M. of A. BUCHWALD -- read once and referred to the Commit-
  tee 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".
  S 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.
  S 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
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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
              

                                                           LBD13102-02-5

A. 9293                             2

  S  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.
  S 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.
  S  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.
  S 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:

A. 9293                             3

  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.
  S 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.