Chapter 029 |
2019 -- S 0837 Enacted 06/21/2019 |
A N A C T |
RELATING TO MILITARY AFFAIRS AND DEFENSE -- RECORDATION OF HONORABLE DISCHARGES |
Introduced By: Senators Euer, McCaffrey, Lynch Prata, Murray, and Goldin |
Date Introduced: April 30, 2019 |
It is enacted by the General Assembly as follows: |
SECTION 1. Sections 30-18-1 and 30-18-2 of the General Laws in Chapter 30-18 |
entitled, "Recordation of Honorable Discharges", are hereby amended to read as follows: |
30-18-1. Recordation without fee -- Sufficiency of certified copy. |
A certificate of the honorable discharge of any soldier, sailor, airperson, or marine from |
the military, naval, air, or marine service of the United States, and in case of a sailor to include |
notice of separation from the United States naval service, form 553 and revisions thereto, may be |
recorded in the office of the town clerk or the city clerk, except in the city of Providence, where |
the discharge and separation notice shall be recorded in the office of the recorder of deeds. It shall |
be the duty of the town clerk or the city clerk, or the recorder of deeds in the city of Providence, |
to record any certificate and separation notice upon presentation thereof without the payment of |
any fee. For any purpose for which an original honorable discharge and separation notice may be |
required in this state, a certified copy of the record, or a form issued by the office of veterans' |
affairs services pursuant to § 30-18-4 shall be deemed sufficient and shall be accepted in lieu |
thereof. |
30-18-2. Sufficiency of reference to recorded discharge. |
Any person who has served in the military, naval, or air service of the United States in |
the Spanish-American war, the insurrection in the Philippines, the China relief expedition, World |
War I, World War II, or any subsequent war in which the United States may be engaged, who has |
once filed evidence in a state, city, or town administrative office in this state that he or she has |
been honorably discharged from service or had the characterization of his or her discharge |
changed under the provisions of § 30-18-3, either in accordance with the requirements of § 44-3- |
4, or in accordance with the requirements of any other general or public law of this state, shall not |
be again required to show his or her discharge paper in making an application for tax exemption, |
licensing, examination, registration, aid, or relief, or in any other pertinent relationship in |
connection with any general or public law of this state, where evidence of honorable discharge |
from military, naval, or air service is required to be filed, but may refer any inquirer for |
verification of discharge and former filing of evidence to the office of veterans' affairs services, |
or other office or official where or with whom the discharge has been once recorded, which |
evidence shall stand so long as his or her legal residence remains in Rhode Island. |
SECTION 2. Chapter 30-18 of the General Laws entitled "Recordation of Honorable |
Discharges", is hereby amended by adding thereto the following section: |
30-18-3. Change in treatment of certain discharges. |
(a) For purposes of this chapter, all former members of the armed forces who were |
separated from the service with a general or other than honorable discharge due solely to their |
sexual orientation, or gender identity or expression, may petition the office of veterans' affairs |
sevices on forms and conditions prescribed under § 30-18-4, to have his or her discharge recorded |
as honorable. |
(1) (b) Upon a determination by the office of veterans' affairs services that the member |
was separated from the armed forces with a general or other than honorable discharge due solely |
to their sexual orientation, or gender identity or expression, the director of the office of veterans' |
affairs services shall provide a form to be recorded pursuant to §§ 30-18-1 and 30-18-2 certifying |
that the member's discharge is to be treated as honorable. |
(2) (c) Persons who have the characterization of their discharge changed under this |
section shall be afforded the same rights, privileges, and benefits authorized by general or public |
law to service members who were honorably discharged. |
30-18-4. Powers of director. |
(a) The director of the office of veterans' affairs services shall promulgate any rules, |
regulations, and forms as shall be necessary for the full and proper implementation of this |
chapter, including but not limited to: |
(1) Informing former members of the armed services that they may be entitled to benefits |
and privileges that were previously denied; |
(2) Recording all military discharges; |
(3) Verifying the characterization of the discharge for the purpose of benefits and |
privileges authorized by the general and public laws; and |
(4) Publishing and distributing materials to all state, municipal, and quasi-public entities |
highlighting the changes made to this chapter and the effect those changes will have to on the |
application of the general and public laws. |
(b) The regulations shall be adopted only in accordance with the procedures established |
by chapter 35 of title 42. |
(c) The director of the office of veterans' affairs services shall also be empowered to |
enforce and administer the provisions of this chapter with regard to ensuring that each state or |
quasi-public agency and municipality is in compliance with this chapter. |
SECTION 3. This act shall take effect upon passage. |
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LC002509 |
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