2019 -- H 5443

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2019

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A N   A C T

RELATING TO MILITARY AFFAIRS AND DEFENSE -- VETERANS' BENEFITS

     

     Introduced By: Representatives Vella-Wilkinson, Millea, Almeida, Williams, and
Shanley

     Date Introduced: February 14, 2019

     Referred To: House Veterans` Affairs

     It is enacted by the General Assembly as follows:

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     SECTION 1. Chapter 30-22 of the General Laws entitled "Extension of Veterans'

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Benefits" is hereby amended by adding thereto the following section:

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     30-22-7. Change in treatment of certain discharges.

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     (a) For purposes of eligibility for state or municipal veterans' benefits, former members

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of the armed forces who were separated with a characterization of less than honorable due solely

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to their sexual orientation or gender identity for transsexual service members, shall be entitled to

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all state and municipal veterans' benefits for which the veteran would otherwise be eligible had

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the discharge been characterized as honorable including a veterans preference for housing or

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employment.

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     (b) Veterans, entitled to benefits pursuant to subsection (a) of this section, requesting

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property tax exemptions must provide the municipal tax assessor with a copy of their DD Form

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214 and a letter from the Rhode Island office of veterans affairs verifying the characterization of

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the discharge was based solely on sexual orientation.

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     (c) Veterans, entitled to benefits pursuant to subsection (a) of this section, requesting the

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issuance of motor vehicle veteran plates shall provide the registrar of motor vehicles with a letter

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from the Rhode Island office of veterans affairs verifying the characterization of the discharge

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was based solely on sexual orientation and shall comply with the provisions of § 31-3-53.

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     (d) Veterans, entitled to benefits pursuant to subsection (a) of this section, requesting

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issuance of a motor vehicle operator's license marked "Veteran" shall provide the administrator of

 

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the division of motor vehicles with a letter from the Rhode Island office of veterans affairs

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verifying the characterization of the discharge was based solely on sexual orientation and shall

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comply with the provisions of § 31-10-48.

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     (e) Disabled veterans, entitled to benefits pursuant to subsection (a) of this section,

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requesting priority for housing accommodations shall provide the applicable housing authority

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with a letter from the Rhode Island office of veterans affairs verifying the characterization of the

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discharge was based solely on sexual orientation and shall comply with the provisions of § 45-26-

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12.

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     (f) Veterans, entitled to benefits pursuant to subsection (a) of this section, or their next of

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kin requesting burial of a veteran at the Rhode Island veterans memorial cemetery shall provide

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the administrator for the Rhode Island veterans memorial cemetery with a letter from the Rhode

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Island office of veterans affairs verifying the characterization of the discharge was based solely

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on sexual orientation and shall comply with the provisions of § 30-25-14.

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     (g) Municipalities shall ensure the appropriate personnel are trained to properly respond

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to these requests to ensure the dignity and privacy of the veteran.

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     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO MILITARY AFFAIRS AND DEFENSE -- VETERANS' BENEFITS

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     This act would permit former members of the armed forces who received less than

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honorable discharges based solely on sexual orientation to receive earned veterans' benefits as if

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their discharge had been characterized as honorable including housing and employment veterans

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preferences.

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     This act would take effect upon passage.

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