File #: Int 0479-2018    Version: Name: Offering discharge upgrade assistance and extending city veteran benefits to service members who were discharged because of their LGBTQ status.
Type: Introduction Status: Enacted
Committee: Committee on Veterans
On agenda: 2/14/2018
Enactment date: 1/9/2022 Law number: 2022/004
Title: A Local Law to amend the administrative code of the city of New York, in relation to offering discharge upgrade assistance and extending city veteran benefits to service members who were discharged because of their LGBTQ status
Sponsors: Daniel Dromm , Ben Kallos, Eric Dinowitz, Tiffany Cabán, Helen K. Rosenthal, James F. Gennaro
Council Member Sponsors: 6
Summary: This bill would extend all city benefits and services to veterans who have bad discharge papers due solely or in part to their sexual orientation, gender identity or expression, or, for veterans who identify as LGBTQ, untreated trauma, including that resulting from sexual assault which occurred during military service. This bill would also require DVS to issue a certificate of eligibility to a discharged LGBTQ veteran on request that can be used as proof of their eligibility to receive certain city benefits and services available to veterans. The bill would also require DVS to conduct outreach to raise awareness about these certificates of eligibility and the availability of legal services for discharged LGBTQ veterans, and to also make information about obtaining such certificates or legal services available on the department’s website. This bill further requires DVS to offer discharge upgrade assistance to LGBTQ veterans who were discharged from military service with an other-than-honorable discharge status due solely or in part to sexual orientation, gender identity or expression, or, for veterans who identify as LGBTQ, untreated trauma, including that resulting from sexual assault which occurred during military service.
Indexes: Report Required
Attachments: 1. Summary of Int. No. 479-A, 2. Summary of Int. No. 479, 3. Int. No. 479, 4. February 14, 2018 - Stated Meeting Agenda, 5. Hearing Transcript - Stated Meeting 02-14-2018, 6. Minutes of the Stated Meeting - February 14, 2018, 7. Committee Report 11/26/18, 8. Hearing Testimony 11/26/18, 9. Hearing Transcript 11/26/18, 10. Proposed Int. No. 479-A - 12/2/21, 11. Committee Report 12/8/21, 12. Committee Report - Stated Meeting, 13. December 9, 2021 - Stated Meeting Agenda, 14. Int. No. 479-A (FINAL), 15. Fiscal Impact Statement, 16. Hearing Transcript - Stated Meeting 12-9-21
Date Ver.Prime SponsorAction ByActionResultAction DetailsMeeting DetailsMultimedia
1/10/2022ADaniel Dromm City Council Returned Unsigned by Mayor  Action details Meeting details Not available
1/9/2022ADaniel Dromm Administration City Charter Rule Adopted  Action details Meeting details Not available
12/9/2021ADaniel Dromm City Council Sent to Mayor by Council  Action details Meeting details Not available
12/9/2021ADaniel Dromm City Council Approved by CouncilPass Action details Meeting details Not available
12/8/2021*Daniel Dromm Committee on Veterans Hearing Held by Committee  Action details Meeting details Not available
12/8/2021*Daniel Dromm Committee on Veterans Amendment Proposed by Comm  Action details Meeting details Not available
12/8/2021*Daniel Dromm Committee on Veterans Amended by Committee  Action details Meeting details Not available
12/8/2021ADaniel Dromm Committee on Veterans Approved by CommitteePass Action details Meeting details Not available
11/26/2018*Daniel Dromm Committee on Veterans Hearing Held by Committee  Action details Meeting details Not available
11/26/2018*Daniel Dromm Committee on Veterans Laid Over by Committee  Action details Meeting details Not available
2/14/2018*Daniel Dromm City Council Referred to Comm by Council  Action details Meeting details Not available
2/14/2018*Daniel Dromm City Council Introduced by Council  Action details Meeting details Not available

Int. No. 479-A

 

By Council Members Dromm, Kallos, Dinowitz, Cabán, Rosenthal and Gennaro

 

A Local Law to amend the administrative code of the city of New York, in relation to offering discharge upgrade assistance and extending city veteran benefits to service members who were discharged because of their LGBTQ status

 

Be it enacted by the Council as follows:

 

Section 1. Title 31 of the administrative code of the city of New York is amended by adding a new section 31-112 to read as follows:

§ 31-112 Benefits and assistance for LGBTQ veterans. a. For purposes of this section, the following terms have the following meaning:

Certificate of eligibility. The term “certificate of eligibility” means a certificate issued by the department that can be used as proof that a discharged LGBTQ veteran is eligible for certain city benefits or services available to veterans.

Discharged LGBTQ veteran. The term “discharged LGBTQ veteran” means a veteran who was discharged from the United States military or naval services due solely or in part to (i) sexual orientation, gender identity or expression; (ii) statements, consensual sexual conduct, or consensual acts relating to sexual orientation, gender identity or expression; (iii) the disclosure of such statements, conduct or acts, that were prohibited by the armed forces at the time of discharge; or (iv) for veterans who identify as LGBTQ, untreated trauma, including that resulting from sexual assault which occurred during military service.

b. Notwithstanding any other provision of law, no veteran shall be denied eligibility for any city program, service, or benefit to veterans for which they would otherwise be eligible, solely on the basis of the veteran’s status as a discharged LGBTQ veteran.

c. The department shall offer assistance to any discharged LGBTQ veteran seeking a discharge characterization upgrade, change of narrative reasons for discharge, change of separation and separation program designator codes or change of reentry/reenlistment. Such assistance shall be provided by legal counsel or an accredited representative of an organization recognized under section 5902 of title 38 of the United States code or successor provisions.

d. Upon request, the department shall issue a certificate of eligibility to a discharged LGBTQ veteran as proof of their eligibility to receive certain services and benefits for veterans.

e. The department shall:

1. Make available on the department’s website information about (i) obtaining certificates of eligibility for discharged LGBTQ veterans and (ii) the availability of legal assistance, to any discharged LGBTQ veteran seeking a discharge characterization upgrade, change of narrative reasons for discharge, change of separation and separation program designator codes or change of reentry/reenlistment; and

2. Conduct outreach through email, social media and other means to raise awareness about such certificates and the availability of such legal assistance.

f. The department shall periodically review veterans’ experience with accessing the assistance required pursuant to subdivision c of this section and shall report any identified issues to the speaker of the council by June 1, 2022, and annually thereafter.

§ 2. This local law takes effect 120 days after enactment.

GZ CGZ/CF  LS# 11567/Int. No. 1801/2017  12/01/21 3:23pm LS# 648