NY State Bill 2023-S5416

Senate Bill S5416

2023-2024 Legislative Session

Relates to certificates of honorable separation from or service in the armed forces of the United States

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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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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2024	referred to veterans, homeland security and military affairs returned to senate died in assembly
May 24, 2023	referred to veterans' affairs delivered to assembly passed senate
May 01, 2023	advanced to third reading
Apr 26, 2023	2nd report cal.
Apr 25, 2023	1st report cal.639
Mar 03, 2023	referred to veterans, homeland security and military affairs

Votes

- May 24, 2023 - Floor Vote
  S5416
  
  61
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  2
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: May 24, 2023
      
      aye (61)
      
      Addabbo Jr.
      
      Ashby
      
      Bailey
      
      Borrello
      
      Breslin
      
      Brisport
      
      Brouk
      
      Canzoneri-Fitzpatrick
      
      Chu
      
      Cleare
      
      Comrie
      
      Felder
      
      Fernandez
      
      Gallivan
      
      Gianaris
      
      Gonzalez
      
      Gounardes
      
      Griffo
      
      Helming
      
      Hinchey
      
      Hoylman-Sigal
      
      Jackson
      
      Kavanagh
      
      Kennedy
      
      Krueger
      
      Lanza
      
      Liu
      
      Mannion
      
      Martinez
      
      Martins
      
      Mattera
      
      May
      
      Mayer
      
      Murray
      
      Myrie
      
      O'Mara
      
      Oberacker
      
      Ortt
      
      Palumbo
      
      Parker
      
      Persaud
      
      Ramos
      
      Rhoads
      
      Rivera
      
      Rolison
      
      Ryan
      
      Salazar
      
      Sanders Jr.
      
      Scarcella-Spanton
      
      Sepúlveda
      
      Serrano
      
      Skoufis
      
      Stavisky
      
      Stec
      
      Stewart-Cousins
      
      Tedisco
      
      Thomas
      
      Walczyk
      
      Webb
      
      Weber
      
      Weik
      
      excused (2)
      
      Cooney
      
      Harckham
  Apr 25, 2023 - Veterans, Homeland Security And Military Affairs Committee Vote
  S5416
  
  9
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Veterans, Homeland Security And Military Affairs Committee Vote: Apr 25, 2023
      
      aye (9)
      
      Addabbo Jr.
      
      Ashby
      
      Brouk
      
      Harckham
      
      Sanders Jr.
      
      Scarcella-Spanton
      
      Serrano
      
      Stec
      
      Weik

co-Sponsors

2023-S5416 (ACTIVE) - Details

See Assembly Version of this Bill:: A3093
Current Committee:: Senate Veterans, Homeland Security And Military Affairs
Law Section:: Veterans' Service Law
Laws Affected:: Amd §4, Veterans' Services L; amd §250, Mil L; amd §79-g, Civ Rts L
Versions Introduced in Other Legislative Sessions:: 2019-2020: S8792, A10196
2021-2022: S8567, A1782
2025-2026: S5397, A4649

2023-S5416 (ACTIVE) - Summary

Relates to certificates of honorable separation from or service in the armed forces of the United States; provides that such certificates shall be forwarded to the appropriate local veterans' service agency within 60 days of receipt.

2023-S5416 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S5416

SPONSOR: SCARCELLA-SPANTON
 
TITLE OF BILL:

An act to amend the veterans' services law, the military law and the
civil rights law, in relation to certificates of honorable separation
from or service in the armed forces of the United States

 
PURPOSE:

The purpose of this legislation is to ensure that local veterans'
service agencies are notified upon the return home of service men and
women in order to facilitate a better connection to services available
to veterans.

 
SUMMARY OF PROVISIONS:

Section 1: Subdivisions 24 of section 353 of the executive law, as added
by chapters 481 and 571 of the laws of 2019, are renumbered subdivisions
25 and 26 and adds a new subdivision requiring a certificate of release
or discharge from active duty which was issued by the United States

government and delivered to the division, shall be forwarded to the
appropriate local veterans' service agency, based upon the mailing
address after separation noted on such certificate, within sixty days of
receipt.

Section 2: Section 250 of the military law, as amended by chapter 298 of
the 15 laws of 2005, is amended to declare who has as access to the
certificate of release or discharge issues by the United States govern-
ment from a veteran who has deceased

Section 3: Section 79-g of the civil rights law is amended to specify
that the availability of such certificates be done in accordance with
the National Archives and Record Administration archival schedule and
the United States Department of Defense.

Section 4. Enacting clause.

 
JUSTIFICATION:

Upon returning home from active duty, the first weeks and months can
prove to be among the most difficult for our service members and women.
In New York, many vital veterans' services are administered at the coun-
ty-level. Requiring the Division of Veterans' Services to provide a copy
of a certificate of release or discharge from active duty (DD-214 form)
to the appropriate local veterans' service agency, based upon the mail-
ing address after separation noted on such certificate and upon the
release of such veteran from active duty, will enhance the ability of
the local county veterans' services agencies to contact these veterans
and connect them to the vast array of resources they may need.

 
LEGISLATIVE HISTORY:

2022: Held in Veterans, Homeland Security and Military Affairs

 
FISCAL IMPLICATIONS:

To be determined
 
EFFECTIVE DATE:
This act shall take effect immediately; provided, however, that section
two of this act shall take effect on the one hundred eightieth day after
it shall have become a law. Effective immediately, the additional, or
amendment and/or repeal of any rules or regulations necessary for the
implementation of this act on its effective date are authorized to be
made and completed on or before such effective date.

2023-S5416 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5416
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                               March 3, 2023
                                ___________
 
 Introduced  by Sen. SCARCELLA-SPANTON -- read twice and ordered printed,
   and when printed to be committed to the Committee on  Veterans,  Home-
   land Security and Military Affairs
 
 AN  ACT  to  amend  the veterans' services law, the military law and the
   civil rights law, in relation to certificates of honorable  separation
   from or service in the armed forces of the United States
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 4 of the  veterans'  services  law  is  amended  by
 adding a new subdivision 38 to read as follows:
   38.  TO RECEIVE A CERTIFICATE OF RELEASE OR DISCHARGE FROM ACTIVE DUTY
 WHICH WAS ISSUED BY THE UNITED STATES GOVERNMENT AND  DELIVERED  TO  THE
 DEPARTMENT,  AND  SHALL  FORWARD  SUCH  CERTIFICATE WITHIN SIXTY DAYS OF
 RECEIPT TO THE APPROPRIATE LOCAL VETERANS' SERVICE  AGENCY,  BASED  UPON
 THE  MAILING  ADDRESS  AFTER  SEPARATION NOTED ON SUCH CERTIFICATE. SUCH
 TRANSMISSION MAY BE MADE ELECTRONICALLY. INFORMATION CONTAINED  IN  SUCH
 CERTIFICATES  SHALL  BE  PROTECTED  AS PERSONAL CONFIDENTIAL INFORMATION
 UNDER ARTICLE SIX-A OF THE PUBLIC OFFICERS  LAW  AGAINST  DISCLOSURE  OF
 CONFIDENTIAL MATERIAL, AND USED ONLY FOR INFORMATION AND ASSISTANCE WITH
 REGARDS TO STATE BENEFITS AND ENTITLEMENTS UNDER FEDERAL AND STATE LAW.
   § 2. Section 250 of the military law, as amended by chapter 298 of the
 laws of 2005, is amended to read as follows:
   § 250. Recording  certificates of honorable discharge. Any certificate
 issued after April sixth, nineteen hundred seventeen, of  the  honorable
 separation  from  or service in the armed forces of the United States of
 any veteran, may be recorded in any one county, in  the  office  of  the
 county clerk, and when so recorded shall constitute notice to all public
 officials  of  the  facts set forth therein. It shall be the duty of the
 county clerk to record the certificate upon presentation thereof without
 the payment of any fee. For any purpose for which the  original  certif-
 icate  may be required in the state of New York, a certified copy of the
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02904-01-3

 S. 5416                             2
 
 record shall be deemed sufficient and shall be accepted in lieu thereof.
 Notwithstanding any inconsistent provisions of law, it shall be the duty
 of the county clerk of each county, to furnish  without  charge  to  any
 veteran,  or parent, spouse, dependent or child of the veteran, a certi-
 fied copy of the certificate of the veteran so recorded in the office of
 the county clerk. No filed  certificate  or  any  information  contained
 therein,  shall be disclosed to any person except the veteran or parent,
 spouse, dependent or child of the veteran, representative of the  estate
 of the deceased veteran, AN AUTHORIZED REPRESENTATIVE OF A FUNERAL FIRM,
 AS  DEFINED  IN  SECTION  THIRTY-FOUR  HUNDRED OF THE PUBLIC HEALTH LAW,
 WHICH ASSISTS WITH THE BURIAL OF A VETERAN, or a public official, acting
 within the scope of his or her employment,  unless  such  disclosure  is
 authorized  in  writing  by  the veteran. The provisions of this section
 also apply to the counties within the city of New York.
   § 3. Section 79-g of the civil rights law is amended by adding  a  new
 subdivision c to read as follows:
   C. NOTWITHSTANDING ANY PROVISION IN THIS SECTION TO THE CONTRARY, SUCH
 CERTIFICATE SHALL BE MADE AVAILABLE FOR PUBLIC INSPECTION AND COPYING IN
 ACCORDANCE  WITH  THE ARCHIVAL SCHEDULE ADOPTED BY THE NATIONAL ARCHIVES
 AND RECORD ADMINISTRATION (NARA) TOGETHER WITH THE UNITED STATES DEPART-
 MENT OF DEFENSE (DOD), SIGNED ON JULY EIGHTH, TWO THOUSAND EIGHT, MAKING
 THE OFFICIAL MILITARY PERSONNEL FILES PERMANENT RECORDS  OF  THE  UNITED
 STATES. SUCH SCHEDULE MANDATES THE LEGAL TRANSFER OF SUCH FILES FROM DOD
 OWNERSHIP  TO  NARA OWNERSHIP SIXTY-TWO YEARS AFTER THE SERVICE MEMBER'S
 SEPARATION FROM THE MILITARY.
   § 4. This act shall take effect immediately; provided,  however,  that
 section  two  of this act shall take effect on the one hundred eightieth
 day after it shall have become a law.  Effective immediately, the  addi-
 tion,  amendment and/or repeal of any rules or regulations necessary for
 the implementation of this act on its effective date are  authorized  to
 be made and completed on or before such effective date.

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Senate Bill S5416

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Sponsored By

Jessica Scarcella-Spanton