New York State Assembly

 
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A10196 Summary:

A10196 Actions:

A10196 Committee Votes:

Committee:VETERANS' AFFAIRS   Chair:Barrett      
DATE:07/15/2020AYE/NAY:17/0  Action: Favorable refer to committee Rules        
Barrett
Aye
Ashby
Aye
Nolan
Aye
Morinello
Aye
Cusick
Aye
Hawley
Aye
Miller
Aye
McDonough
Excused
Santabarbara
Aye
Manktelow
Excused
Blake
Aye
Hunter
Aye
Mosley
Aye
D'Urso
Aye
Pheffer Amato
Aye
Wallace
Aye
Stern
Aye
Jones
Aye
Buttenschon
Aye

Committee:RULES   Chair:Heastie      
DATE:07/21/2020AYE/NAY:26/0  Action: Favorable         
Heastie
Excused
Barclay
Aye
Gottfried
Aye
Crouch
Aye
Lentol
Aye
Finch
Excused
Nolan
Aye
Hawley
Aye
Weinstein
Aye
Giglio
Aye
Ortiz
Excused
Malliotakis
Aye
Pretlow
Aye
Blankenbush
Aye
Cook
Excused
Norris
Aye
Glick
Aye
Aubry
Aye
Englebright
Aye
Dinowitz
Aye
Colton
Aye
Magnarelli
Aye
Perry
Aye
Paulin
Aye
Peoples-Stokes
Aye
Benedetto
Aye
Lavine
Aye
Lupardo
Aye
Zebrowski
Aye
Thiele
Aye

A10196 Floor Votes:

A10196 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          10196
 
                   IN ASSEMBLY
 
                                     March 24, 2020
                                       ___________
 
        Introduced by M. of A. JEAN-PIERRE, BARRETT -- read once and referred to
          the Committee on Veterans' Affairs
 
        AN ACT to amend the executive 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:
 
     1    Section  1.  Subdivisions  24  of section 353 of the executive law, as
     2  added by chapters 481 and 571 of the laws of 2019, are renumbered subdi-
     3  visions 25 and 26 and a new subdivision 27 is added to read as follows:
     4    27. A certificate of release or discharge from active duty  which  was
     5  issued  by  the  United States government and delivered to the division,
     6  shall be forwarded to the appropriate local  veterans'  service  agency,
     7  based  upon  the  mailing address after separation noted on such certif-
     8  icate, within sixty days of receipt. Such transmission may be made elec-
     9  tronically.  Information  contained  in  such  certificates   shall   be
    10  protected  as  personal  confidential information under article six-A of
    11  the public officers law against disclosure of confidential material, and
    12  used only for information and assistance with regards to state  benefits
    13  and entitlements under federal and state law.
    14    § 2. Section 250 of the military law, as amended by chapter 298 of the
    15  laws of 2005, is amended to read as follows:
    16    § 250. Recording  certificates of honorable discharge. Any certificate
    17  issued after April sixth, nineteen hundred seventeen, of  the  honorable
    18  separation  from  or service in the armed forces of the United States of
    19  any veteran, may be recorded in any one county, in  the  office  of  the
    20  county clerk, and when so recorded shall constitute notice to all public
    21  officials  of  the  facts set forth therein. It shall be the duty of the
    22  county clerk to record the certificate upon presentation thereof without
    23  the payment of any fee. For any purpose for which the  original  certif-
    24  icate  may be required in the state of New York, a certified copy of the
    25  record shall be deemed sufficient and shall be accepted in lieu thereof.
    26  Notwithstanding any inconsistent provisions of law, it shall be the duty
    27  of the county clerk of each county, to furnish  without  charge  to  any
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15348-02-0
        A. 10196                            2
 
     1  veteran,  or parent, spouse, dependent or child of the veteran, a certi-
     2  fied copy of the certificate of the veteran so recorded in the office of
     3  the county clerk. No filed  certificate  or  any  information  contained
     4  therein,  shall be disclosed to any person except the veteran or parent,
     5  spouse, dependent or child of the veteran, representative of the  estate
     6  of the deceased veteran, an authorized representative of a funeral firm,
     7  as  defined  in  section  thirty-four  hundred of the public health law,
     8  which assists with the burial of a veteran, or a public official, acting
     9  within the scope of his or her employment,  unless  such  disclosure  is
    10  authorized  in  writing  by  the veteran. The provisions of this section
    11  also apply to the counties within the city of New York.
    12    § 3. Section 79-g of the civil rights law is amended by adding  a  new
    13  subdivision c to read as follows:
    14    c. Notwithstanding any provision in this section to the contrary, such
    15  certificate shall be made available for public inspection and copying in
    16  accordance  with  the archival schedule adopted by the national archives
    17  and record administration (NARA) together with the United States depart-
    18  ment of defense (DOD), signed on July eighth, two thousand eight, making
    19  the official military personnel files permanent records  of  the  United
    20  States. Such schedule mandates the legal transfer of such files from DOD
    21  ownership  to  NARA ownership sixty-two years after the service member's
    22  separation from the military.
    23    § 4. This act shall take effect immediately; provided,  however,  that
    24  section  two  of this act shall take effect on the one hundred eightieth
    25  day after it shall have become a law; provided, further, that if chapter
    26  571 of the laws of 2019 shall not have taken effect on  or  before  such
    27  date then the renumbering of subdivision 24 of section 353 of the execu-
    28  tive  law,  as  added  by  such chapter, made by section one of this act
    29  shall take effect on the same date and in the same manner as such  chap-
    30  ter  of the laws of 2019, takes effect. Effective immediately, the addi-
    31  tion, amendment and/or repeal of any rules or regulations necessary  for
    32  the  implementation  of this act on its effective date are authorized to
    33  be made and completed on or before such effective date.