NY State Senate Bill 2023-S8119

Current 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 08, 2024	referred to veterans, homeland security and military affairs

co-Sponsors

2023-S8119 (ACTIVE) - Details

See Assembly Version of this Bill:: A8837
Current Committee:: Senate Veterans, Homeland Security And Military Affairs
Law Section:: Veterans' Service Law
Laws Affected:: Add §29-b, amd §4, Veterans' Services L; add §256, Mil L; amd §94-b, Exec L
Versions Introduced in 2021-2022 Legislative Session:: S4710, A4660

2023-S8119 (ACTIVE) - Summary

Establishes the staff sergeant Alex R. Jimenez New York state military immigrant family legacy program within the department of veterans' services.

2023-S8119 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S8119

SPONSOR: FERNANDEZ
 
TITLE OF BILL:

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

 
PURPOSE OF BILL:

The purpose of this bill is to establish a program that shall assist the
foreign-born family members of New York State Veterans, discharged LGBT
Veterans, and currently serving service members, as well as non-citizen
service members or Veterans, to secure legal immigration status in the
United States, including but not limited to citizenship.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section (1) of the bill is the title clause, the executive law is
amended by adding a new section 354-f that establishes the Staff
Sergeant Alex R. Jimenez New York state Military Immigrant Family Legacy

Program.

Subdivision 1 establishes the definitions used throughout the new
section of 354-f.

Subdivision 2 creates the Staff Sergeant Alex R. Jimenez New York State
Military Immigrant Family Legacy Program within the Department of Veter-
ans' Services and in conjunction with the Division of Military and Naval
Affairs. The purpose of the program is to assist foreign-born family
members of veterans and current service members in securing legal immi-
gration status in the United States by means including naturalization
and citizenship.

Subdivision 3 delegates the administrative responsibility of choosing
two program coordinators and outlines the coordinators' duties. Such
duties include identifying, developing, and organizing all statewide
programs to assist family members of veterans and current service
members obtain special immigration status, communication with the Direc-
tor of Veterans' Services and the Adjutant General to ensure policy and
regulation compliance, serving as a liaison between relevant departments
and organizations focusing on immigration and veteran services, facili-
tating in the naturalization services of those family members in coordi-
nation with the United States Citizenship and Immigration Services or
other appropriate agencies, advocating for equal application of these
services to all veterans and current service members, providing informa-
tion on this new program as well as developing pamphlets to disseminate
information and list the contributions of veterans and service members,
and preparing research reports on the unique needs of foreign-born
service members and veterans as a whole.

Subdivision 4 provides that coordinators shall submit an annual report
to the Commissioner and the Adjutant General of the Division of Military
Affairs to describe their activities over the year and program develop-
ments. The Commissioner and the Adjutant General of the Division of
Military and Naval Affairs will then submit that report or summary to
the Governor, Speaker of the Assembly, and Temporary President of the
Senate within one month of receiving the coordinator report.
Section 2 states that this act shall take effect immediately

 
JUSTIFICATION:

The difficult and dangerous work of those that are currently serving in
the military, as well as those who have served our country previously,
should be recognized and rewarded by the State and by the country as a
whole. Those who have and continue to serve in the armed forces display
patriotism and perseverance for the values of democracy that continue to
better our communities. As such, those that have served in the United
States Military and their families receive the proper recognition and
rights that they defended during their times of service. By providing an
efficient program to expedite the naturalization process for veterans
and current service members the State can properly acknowledge their
hard work both in and out of the country. Additionally, all veterans who
have completed their service to the United States, regardless of their
sexual orientation or immigration status, will be equally covered by
this program. By providing these services; New York State can thank its
service members and their family members in a meaningful and impactful
way.

 
PRIOR LEGISLATIVE HISTORY:

S3586A I A 3403A: 2023 Veto Memo 44

A4660A : 2021-2022 Passed Assembly

 
FISCAL IMPLICATIONS:

TBD.

 
EFFECTIVE DATE:
This act shall take effect on the ninetieth day it shall have become a
law.

2023-S8119 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8119
 
                             I N  S E N A T E
 
                              January 8, 2024
                                ___________
 
 Introduced by Sen. FERNANDEZ -- 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 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
 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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07478-06-3

 S. 8119                             2
 
   (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.
   (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.
 S. 8119                             3
 
   (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 39 to read as follows:
   39.  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.

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Senate Bill S8119

Sponsored By

Current Bill Status - In Senate Committee Veterans, Homeland Security And Military Affairs Committee

co-Sponsors

2023-S8119 (ACTIVE) - Details

2023-S8119 (ACTIVE) - Summary

2023-S8119 (ACTIVE) - Sponsor Memo

2023-S8119 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S8119

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Sponsored By

Nathalia Fernandez

Current Bill Status - In Senate Committee Veterans, Homeland Security And Military Affairs Committee

co-Sponsors

Patricia Canzoneri-Fitzpatrick

2023-S8119 (ACTIVE) - Details

2023-S8119 (ACTIVE) - Summary

2023-S8119 (ACTIVE) - Sponsor Memo

2023-S8119 (ACTIVE) - Bill Text download pdf

Comments