NY State Senate Bill 2017-S51

Archive: Last Bill Status - In Senate Committee Veterans, Homeland Security And Military Affairs Committee

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
Jan 03, 2018	referred to veterans, homeland security and military affairs
Jan 04, 2017	referred to veterans, homeland security and military affairs

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2017-S51 (ACTIVE) - Details

See Assembly Version of this Bill:: A1243
Current Committee:: Senate Veterans, Homeland Security And Military Affairs
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: S6087, A9293
2019-2020: S45, A54

2017-S51 (ACTIVE) - Summary

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

2017-S51 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S51

 TITLE OF BILL :

An act to amend the executive law, in relation to enacting the "New
York State Restoration of Honor Act"

 PURPOSE :

This bill would create a streamlined process for LGBT veterans who had
been discharged less than honorably from the United States military
due solely to their sexual orientation or gender identity to restore
their eligibility for New York State veteran benefits for which they
would otherwise be entitled.

 SUMMARY OF PROVISIONS :

Section 1 of the bill states that the act shall be known and may be
cited as the "New York State Restoration of Honor Act."

Section 2 of the bill creates a new article 17-c of the executive law
entitled "New York State Restoration of Honor Act."

-New section 369-l of the executive law establishes definitions used
throughout the article.

-New section 369-m of the executive law states that no veteran shall
be denied eligibility for any program, service, benefit, or activity
of New York state or local government agencies that provide 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.

-New section 369-n of the executive law establishes a process through
the New York State Division of Veterans' Affairs through which
discharged LGBT veterans may obtain certificates of eligibility for
state and local veterans' benefits.

-New section 369-o of the executive law states that the governor may
direct any relevant state or local agencies to cooperate with and
assist the Division of Veterans' Affairs to properly carry out the
activities and effectuate its purposes under this new article.

Section 3 of the bill amends section 353 of the executive law to
require the Division of Veterans' Affairs toll-free veterans' hotline
to include information about obtaining certificates of eligibility for
discharged LGBT veterans.

Section 4 of the bill is the effective date.

 JUSTIFICATION :

With the repeal of the military's Don't Ask, Don't Tell (DADT) policy
in 2011, a bright new chapter has begun for LGBT service members. For
the first time in the history of the United States military, gay and
lesbian service members can serve openly without fear of reprisal or
discharge. While there are still major issues that need to be
addressed to ensure the equality and protection of LGBT service
members - including protections for transgender service members - it
is undeniable that four years after the repeal of DADT the United
States military is more welcoming toward LGBT individuals today than
at any point in its history.

Even so, we cannot forget the generations of LGBT veterans who
suffered through past institutional discrimination and were forced out
of military service due to their sexual orientation or gender
identity. An estimated 114,000 service members have been discharged
because of their sexual orientation or gender identity since World War
II, leaving many with tarnished military records and reputations that
have unfairly jeopardized their ability to access jobs, scholarships,
and vital services.

A comprehensive survey of New York State's laws by my office found
over 50 state programs, benefits, and tax breaks for military veterans
that are directly' contingent upon the veteran's discharge status. The
benefits range in scope from general eligibility for the comprehensive
services provided by the New York State Division of Veterans' Affairs
to the issuance of commemorative license plates.  The laws we
identified touch virtually every aspect of veterans' lives, from
scholarships to job opportunities to health screenings to
reimbursement for burial costs. After demonstrating unparalleled
service and risking their lives for our nation, it is our obligation
to extend a hand to all of our distinguished veterans, many who
experience great difficulty assimilating back into to civilian life.

The federal government is in the best position to act to once and for
all restore LGBT veterans' discharge records to reflect their
honorable service. Unfortunately, legislation to do this has stalled
in Congress.

While we wait for Washington, D.C. to act, it is incumbent upon New
York to lead the way. This legislation will ensure that veterans whose
discharges were less than honorable due solely to their sexual
orientation or gender identity are not impeded from receiving state
programs, services, and benefits for which they would otherwise be
eligible.

 PRIOR LEGISLATIVE HISTORY :

S.6087 of 2015-2016 (Hoylman): Died in Rules (2015)/Died in Veterans,
Homeland Security, & Military Affairs (2016)
A.9293 of 2016 (Buchwald): Died in Veterans' Affairs

 FISCAL IMPLICATIONS :

To be determined.

 EFFECTIVE DATE :
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.

2017-S51 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    51
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 4, 2017
                                ___________
 
 Introduced  by  Sens.  HOYLMAN,  ADDABBO, GIANARIS, LATIMER, MONTGOMERY,
   PERKINS, SERRANO, SQUADRON -- 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 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
 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

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

                       [ ] is old law to be omitted.
                                                            LBD01577-01-7

 S. 51                               2
 
 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
 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

 S. 51                               3
 
 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.

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Senate Bill S51

Sponsored By

Archive: Last Bill Status - In Senate Committee Veterans, Homeland Security And Military Affairs Committee

co-Sponsors

2017-S51 (ACTIVE) - Details

2017-S51 (ACTIVE) - Summary

2017-S51 (ACTIVE) - Sponsor Memo

2017-S51 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S51

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Sponsored By

Archive: Last Bill Status - In Senate Committee Veterans, Homeland Security And Military Affairs Committee

co-Sponsors

2017-S51 (ACTIVE) - Details

2017-S51 (ACTIVE) - Summary

2017-S51 (ACTIVE) - Sponsor Memo

2017-S51 (ACTIVE) - Bill Text download pdf

Comments