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A08097 Summary:

BILL NOA08097
 
SAME ASSAME AS S00045-B
 
SPONSORBarrett
 
COSPNSRBuchwald, D'Urso, Blake, Lavine, DenDekker, Bronson, Cusick, Ashby, Pheffer Amato, Ortiz, Buttenschon, Magnarelli, Griffin, McDonald, Miller MG, Dickens, Benedetto, Gottfried, Ra, Morinello, Blankenbush, McDonough, Romeo, Glick, Rivera, Simon, Galef
 
MLTSPNSREnglebright
 
Amd Various Laws, generally
 
Relates to discharged LGBT veterans; defines "LGBT veteran" and "qualifying condition"; adds veterans who have qualifying conditions or who are discharged as an LGBT veteran to certain provisions that apply to veterans who have been honorably discharged or released from military service.
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A08097 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A8097
 
SPONSOR: Barrett
  TITLE OF BILL: An act to amend the executive law, the civil service law, the county law, the economic development law, the education law, the election law, the general construction law, the general municipal law, the military law, the correction law, the environmental conserva- tion law, the general business law, the highway law, the insurance law, the judiciary law, the private housing finance law, the public health law, the public housing law, the public officers law, the real property tax law, the social services law, the tax law, the town law, the vehicle and traffic law, and the workers' compensation law, in relation to veterans with qualifying conditions and discharged LGBT veterans   PURPOSE OR GENERAL IDEA OF BILL: To amend various sections of State law that reference the phrases "under honorable conditions" or "has been honorably discharged" to include allowance for veterans with a qualifying condition, such as Post-Trau- matic Stress Disorder (PTSD), Military Sexual Trauma (MST) or Traumatic Brain Injury (TBI), who have received a discharge other than bad conduct or dishonorable from such service, and for veterans who are discharged LGBT veterans, who have received a discharge other than bad conduct or dishonorable from such service.   SUMMARY OF PROVISIONS: Section 1: Amends Section 350 of the Executive Law by adding a new Subdivision 8 defining the term "qualifying condition" and to require the Division of Veterans' Services to develop a standardized form used to confirm that the veteran has a qualifying condition under this subdi- vision. Amends Section 350 of the Executive Law by adding a new Subdivision 9 defining the term "discharged LGBT veteran" and requiring the Division to establish a consistent and uniform process to determine whether a veteran qualifies as a discharged LGBT veteran under this subdivision, including at a minimum, standards for verifying a veteran's status as a discharged LGBT veteran and a method of demonstrating eligibility as a discharged LGBT veteran. Section 2 to Section 81 amends several sections of law to expand eligi- bility for state benefits to veterans who have a qualifying condition, as defined in section three hundred fifty of the executive law, and who have received a discharge other than bad conduct or dishonorable from such service, and to discharged LGBT veterans, as defined in § 350 of the Executive Law, and who have received a discharge other than bad conduct or dishonorable from such service. Section 82 Effective date.   JUSTIFICATION: The DD 214, Certificate of Release or Discharge from Active Duty, is a document of the U.S. Department of Defense issued upon a military service member's retirement, separation or discharge from active duty in the United States Armed Forces. It is a military service document that represents a complete, verified record of a service member's time in the military on active or reserve duty. This important document also contains separation information including type of separation and charac- ter of service. Many veterans have received "less than honorable discharges" , also known as bad papers, as a result of Traumatic Brain Injury (TBI), Post- Traumatic Stress Disorder (PTSD), Military Sexual Trauma (MST), or as a result of sexual orientation, gender identity or expression, including as a result of the federal policy known as Don't Ask Don't Tell. These discharges cannot be revised by the state, however, a number of state benefits require an honorable discharge. As a result, many New York veterans are ineligible for state benefits because of these bad papers. The State of Connecticut has revised their state benefits to include consideration of TBI, MST and PTSD.   PRIOR LEGISLATIVE HISTORY: New Legislation.   FISCAL IMPLICATIONS:   EFFECTIVE DATE: This act shall take effect one year after it shall have become a law, - provided , however, the amendments to subdivision 7 of section 369-h of the Executive Law made by section twenty-five of this act shall not affect the repeal of such sections and shall be deemed repealed therew- it. Effective immediately, the addition, amendment and/or repeal of any rule or regulation 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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