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- Referred to veterans, homeland security and military affairs
- Referred to rules
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Enacts the New York State Restoration of Honor Act
In Assembly Committee · Veterans' Affairs · Sponsor David Buchwald
Full text
The text isn't available here yet. Check nysenate.gov.
Sponsor's memo
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."
Read the full memo (769 words)
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 369-1 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
New bill.
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.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.