S T A T E O F N E W Y O R K ________________________________________________________________________ 2826 2013-2014 Regular Sessions I N S E N A T E January 24, 2013 ___________ Introduced by Sens. ADAMS, ADDABBO -- read twice and ordered printed, and when printed to be committed to the Committee on Veterans, Home- land Security and Military 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, EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD04814-01-3 S. 2826 2 1 ASSESSMENT AND HANDLING OF THE VETERAN'S OR FAMILY MEMBER'S PROBLEMS 2 WITHIN THE AGENCY REQUESTING SUCH INFORMATION AND IN REFERRING THE 3 VETERAN OR FAMILY MEMBER TO THE DIVISION OF VETERANS' AFFAIRS FOR THE 4 INFORMATION AND ASSISTANCE WITH REGARD TO BENEFITS AND ENTITLEMENTS 5 UNDER FEDERAL AND STATE LAW. 6 S 2. This act shall take effect on the ninetieth day after it shall 7 have become a law; provided that any rules or regulations necessary for 8 the implementation of this act on its effective date shall be promulgat- 9 ed on or before such date.