What's happening
The New York State Restoration of Honor Act allows LGBT veterans discharged due to their identity to access state veterans’ benefits.
Why it matters
Addresses Historic Discrimination. The bill directly responds to decades of discriminatory military policies (like “Don’t Ask, Don’t Tell”) that led to LGBT service members being discharged under less-than-honorable conditions, seeking to repair the harm by restoring their access to state veterans’ services and benefits.
Removes Structural Barriers. By allowing state benefits regardless of federal discharge status, the law creates a pathway for LGBT veterans to receive services without having to navigate complex or slow-moving federal upgrade processes, which can be inaccessible or retraumatizing.
Establishes a Clear Certification Process. The legislation requires the Division of Veterans’ Affairs to create a uniform system for certifying eligible discharged LGBT veterans, accepting affidavits in lieu of hard-to-obtain documentation, thereby reducing bureaucratic burdens and expanding access.
Sets Safeguards and Statewide Coordination. The bill ensures that only those whose less-than-honorable discharge was based solely on LGBT status (and not other aggravating circumstances) are eligible, and empowers the governor to coordinate among state and local agencies to implement the law efficiently.
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Who cares
Headline styles
Restore Benefits to LGBT Veterans
Plain English, a few words. Used as the page title.
Sponsors
History
- Referred to veterans, homeland security and military affairs
- Referred to veterans, homeland security and military affairs
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.
Restore Benefits for LGBT Veterans
In Assembly Committee · Veterans' Affairs · Sponsor David Buchwald
Full text
3 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
51
2017-2018 Regular Sessions
IN SENATE (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 Security 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 Assembly, 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, benefit, 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 documents specified in paragraph (a) of this subdivision.
3. If a discharged LGBT veteran provides the division with an affidavit 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 subdivision 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 effectuate 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 providing 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 referrals 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.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
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 (791 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-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.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.