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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 -- RECORDATION OF

HONORABLE DISCHARGES

     

     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. Sections 30-18-1 and 30-18-2 of the General Laws in Chapter 30-18

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entitled, "Recordation of Honorable Discharges", are hereby amended to read as follows:

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     30-18-1. Recordation without fee -- Sufficiency of certified copy.

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     A certificate of the honorable discharge of any soldier, sailor, airperson, or marine from

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the military, naval, air, or marine service of the United States, and in case of a sailor to include

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notice of separation from the United States naval service, form 553 and revisions thereto, may be

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recorded in the office of the town clerk or the city clerk, except in the city of Providence, where

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the discharge and separation notice shall be recorded in the office of the recorder of deeds. It shall

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be the duty of the town clerk or the city clerk, or the recorder of deeds in the city of Providence,

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to record any certificate and separation notice upon presentation thereof without the payment of

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any fee. For any purpose for which an original honorable discharge and separation notice may be

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required in this state, a certified copy of the record, or a form issued by the office of veterans'

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affairs pursuant to § 30-18-4 shall be deemed sufficient and shall be accepted in lieu thereof.

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     30-18-2. Sufficiency of reference to recorded discharge.

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     Any person who has served in the military, naval, or air service of the United States in

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the Spanish-American war, the insurrection in the Philippines, the China relief expedition, World

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War I, World War II, or any subsequent war in which the United States may be engaged, who has

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once filed evidence in a state, city, or town administrative office in this state that he or she has

 

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been honorably discharged from service or had the characterization of his or her discharge

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changed under the provisions of § 30-18-3, either in accordance with the requirements of § 44-3-

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4, or in accordance with the requirements of any other general or public law of this state, shall not

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be again required to show his or her discharge paper in making an application for tax exemption,

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licensing, examination, registration, aid, or relief, or in any other pertinent relationship in

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connection with any general or public law of this state, where evidence of honorable discharge

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from military, naval, or air service is required to be filed, but may refer any inquirer for

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verification of discharge and former filing of evidence to the office of veterans' affairs, or other

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office or official where or with whom the discharge has been once recorded, which evidence shall

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stand so long as his or her legal residence remains in Rhode Island.

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     SECTION 2. Chapter 30-18 of the General Laws entitled "Recordation of Honorable

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Discharges", is hereby amended by adding thereto the following section:

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     30-18-3. Change in treatment of certain discharges.

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     (a) For purposes of this chapter, all former members of the armed forces who were

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separated from the service with a general or other than honorable discharge due solely to their

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sexual orientation, or gender identity or expression, may petition the office of veterans' affairs on

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forms and conditions prescribed under § 30-18-4, to have his or her discharge recorded as

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honorable.

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     (1) Upon a determination by the office of veterans' affairs that the member was separated

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from the armed forces with a general or other than honorable discharge due solely to their sexual

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orientation, or gender identity or expression, the director of the office of veterans' affairs shall

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provide a form to be recorded pursuant to §§ 30-18-1 and 30-18-2 certifying that the member's

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discharge is to be treated as honorable.

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     (2) Persons who have the characterization of their discharge changed under this section

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shall be afforded the same rights, privileges and benefits authorized by general or public law to

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service members who were honorably discharged.

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     30-18-4. Powers of director.

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     (a) The director of the office of veterans' affairs shall promulgate any rules, regulations

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and forms as shall be necessary for the full and proper implementation of this chapter, including

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but not limited to:

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     (1) Informing former members of the armed services that they may be entitled to benefits

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and privileges that were previously denied;

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     (2) Recording all military discharges;

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     (3) Verifying the characterization of the discharge for the purpose of benefits and

 

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privileges authorized by the general and public laws; and

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     (4) Publishing and distributing materials to all state, municipal, and quasi-public entities

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highlighting the changes made to this chapter and the effect those changes will have to the

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application of the general and public laws.

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     (b) The regulations shall be adopted only in accordance with the procedures established

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by chapter 35 of title 42.

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     (c) The director of the office of veterans' affairs shall also be empowered to enforce and

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administer the provisions of this chapter with regard to ensuring that each state or quasi-public

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agency and municipality is in compliance with this chapter.

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     SECTION 3. 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 -- RECORDATION OF

HONORABLE DISCHARGES

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     This act would provide a petition process to have a discharge from service recorded as

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honorable for members of the armed services separated from the service with a general or other

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than honorable discharge due solely to their sexual orientation, or gender identity or expression.

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     This act would take effect upon passage.

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