Bill Text: NY A03348 | 2013-2014 | General Assembly | Introduced

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Bill Title: Relates to use of personal confidential information received from veterans or family members of veterans receiving services from the state and political subdivisions thereof.

Spectrum: Moderate Partisan Bill (Democrat 8-1)

Status: (Engrossed - Dead) 2014-01-23 - REFERRED TO VETERANS, HOMELAND SECURITY AND MILITARY AFFAIRS [A03348 Detail]

Download: New_York-2013-A03348-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         3348
                              2013-2014 Regular Sessions
                                 I N  A S S E M B L Y
                                   January 24, 2013
                                      ___________
       Introduced by M. of A. SWEENEY, MAGNARELLI, SCHIMEL, WEISENBERG, STEVEN-
         SON -- read once and referred to the Committee on Veterans' Affairs
       AN  ACT to amend the executive law, in relation to personal confidential
         information obtained from  veterans  or  family  members  of  veterans
         receiving services from the state and political subdivisions thereof
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. The executive law is amended by adding a new section  354-e
    2  to read as follows:
    3    S 354-E. USE OF PERSONAL CONFIDENTIAL INFORMATION OBTAINED FROM VETER-
    4  ANS  OR FAMILY MEMBERS OF VETERANS RECEIVING SERVICES FROM THE STATE AND
    5  POLITICAL SUBDIVISIONS THEREOF.   1.  DEPARTMENTS,  DIVISIONS,  BUREAUS,
    6  BOARDS, COMMISSIONS AND AGENCIES OF THE STATE AND POLITICAL SUBDIVISIONS
    7  THEREOF,  WHICH  PROVIDE ASSISTANCE, TREATMENT, COUNSELING, CARE, SUPER-
    8  VISION OR CUSTODY IN SERVICE  AREAS  INVOLVING  HEALTH,  MENTAL  HEALTH,
    9  FAMILY  SERVICES,  CRIMINAL  JUSTICE  OR EMPLOYMENT SHALL BE REQUIRED TO
   10  SOLICIT INFORMATION ON WHETHER THEIR CUSTOMER OR CLIENT IS A VETERAN  AS
   11  DEFINED IN SECTION EIGHTY-FIVE OF THE CIVIL SERVICE LAW OR FAMILY MEMBER
   12  OF A VETERAN. ANY NEW FORMS CREATED AFTER THE EFFECTIVE DATE OF THIS ACT
   13  SHALL  CONTAIN  THE  FOLLOWING QUESTIONS: "HAVE YOU SERVED IN THE UNITED
   14  STATES ARMED FORCES?" "HAS SOMEONE IN YOUR FAMILY SERVED IN  THE  UNITED
   15  STATES MILITARY?"
   16    2. INDIVIDUALS IDENTIFYING THEMSELVES AS HAVING SERVED IN THE MILITARY
   17  OR  A  FAMILY  MEMBER  SHALL  BE  ADVISED THAT THE DIVISION OF VETERANS'
   18  AFFAIRS AND LOCAL VETERANS  SERVICE  AGENCIES  ESTABLISHED  PURSUANT  TO
   19  SECTION  THREE HUNDRED FIFTY-SEVEN OF THIS ARTICLE PROVIDE ASSISTANCE TO
   20  VETERANS REGARDING BENEFITS UNDER FEDERAL  AND  STATE  LAW.  INFORMATION
   21  REGARDING  VETERANS  AND  MILITARY  STATUS PROVIDED BY ASSISTED  PERSONS
   22  SOLELY TO IMPLEMENT THIS SECTION SHALL BE PROTECTED AS  PERSONAL  CONFI-
   23  DENTIAL  MATERIAL,  AND USED ONLY TO ASSIST IN THE DIAGNOSIS, TREATMENT,
   24  ASSESSMENT AND HANDLING OF THE VETERAN'S  OR  FAMILY  MEMBER'S  PROBLEMS
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD04814-01-3
       A. 3348                             2
    1  WITHIN  THE  AGENCY  REQUESTING  SUCH  INFORMATION  AND IN REFERRING THE
    2  VETERAN OR FAMILY MEMBER TO THE DIVISION OF VETERANS'  AFFAIRS  FOR  THE
    3  INFORMATION  AND  ASSISTANCE  WITH  REGARD  TO BENEFITS AND ENTITLEMENTS
    4  UNDER FEDERAL AND STATE LAW.
    5    S  2.  This  act shall take effect on the ninetieth day after it shall
    6  have become a law; provided that any rules or regulations necessary  for
    7  the implementation of this act on its effective date shall be promulgat-
    8  ed on or before such date.