2010 New York Code
EXC - Executive
Article 17 - (350 - 368) VETERANS' AFFAIRS
353 - General functions, powers and duties of division.

§ 353. General functions, powers and duties of division. The division,
  by  and  through  the  state  director or his duty authorized officer or
  employee shall have the following functions, powers and duties:
    1. To coordinate the program and activities of departments, divisions,
  boards, bureaus,  commissions  or  agencies  of  the  state  or  of  any
  political  subdivision of the state in providing services and facilities
  to members of the armed forces and to veterans who are residents of this
  state and their families.
    2. To maintain  liaison  with  other  public  officials  and  agencies
  concerned  with the development or execution of plans for members of the
  armed forces and veterans who are residents of  this  state,  and  their
  families, and to assist in the development and execution of such plans.
    3.  To  establish,  direct  and  supervise  a  state veterans' service
  agency; and to create or designate other agencies of the division to aid
  and assist in the discharge of one or more of its functions,  powers  or
  duties  under  this article, and grant authority to such agencies as may
  be deemed necessary for the effective  accomplishment  of  any  of  such
  functions, powers or duties.
    4.  To  operate and maintain counseling services, rest camps and other
  agencies and institutions and to administer benefits and facilities  for
  members  of  the  armed  forces  and  veterans who are residents of this
  state, and their families.
    4-a. To provide seminars three times per year at locations  throughout
  the  state  to  advise veterans and their surviving spouses, who are age
  sixty-two or older, of veterans' benefits for which they may be eligible
  from the state and federal governments, and the means of obtaining  such
  benefits.
    4-b.  To provide seminars three times per year at locations throughout
  the state to advise women veterans of their benefits for which they  may
  be  eligible  from  the  state  and  federal  governments,  the means of
  obtaining such benefits and other topics, including, but not limited to,
  health care issues of specific interest to women veterans.
    4-c. To provide in cooperation with the office of general services and
  the office of the comptroller  a  series  of  seminars,  that  shall  be
  conducted  four  or  more  times  per  year  at  regional  sites located
  throughout  the  state  of  New  York  for  the  purpose   of   advising
  veteran-owned  businesses  regarding  the  opportunities  available  for
  obtaining  procurement  contracts  from   New   York   state   agencies,
  municipalities,  and authorities. Furthermore the seminars shall provide
  requirements and training that will enable veteran-owned  businesses  to
  successfully participate in the procurement process.
    5.  To  execute and assist in the execution of plans for the efficient
  utilization of the resources and facilities  of  the  state  in  matters
  related to members of the armed forces and veterans who are residents of
  this state, and their families.
    6.  To  make  studies  and  analyses and develop and execute plans for
  assistance and benefits to members of the armed forces and veterans  who
  are  residents  of  this  state, and their families, and the creation of
  agencies, institutions and facilities therefor.
    7. To develop and encourage plans for the  occupational  reorientation
  of veterans who are residents of this state, including the determination
  and  certification  of  civilian equivalents for military experience and
  the  development  and   encouragement   of   on-the-job   training   and
  apprenticeship training programs.
    * 7-a.  To  provide information regarding resources that are available
  to assist veterans in establishing and sustaining a  small  business  by
  maintaining  a small business portal on the division's internet website.
  Such portal  shall  provide  virtual  links  to  appropriate  government

programs  including,  but not limited to the United States department of
  veterans' affairs. The division may consult  with  the  New  York  State
  Small  Business  Development  Center  and  any  other  appropriate state
  agencies.  The  division shall make reference to this information in its
  newsletter, at the three seminars sponsored by the division pursuant  to
  subdivisions  four-a,  four-b, and four-c of this section and the annual
  report to the governor and the legislature as  provided  in  subdivision
  eleven of this section. Such information required under this subdivision
  shall  be  maintained  and updated annually. The information may also be
  made available in printed form.
    * NB Effective November 28, 2010
    8.  To  adopt,  promulgate,  amend  and  rescind  suitable  rules  and
  regulations to carry out the provisions of this article.
    9.  To  recommend  to  the  legislature  and  the governor legislative
  proposals for the benefit of members of the armed  forces  and  veterans
  who are residents of this state, and their families.
    10. To exercise and perform such other functions, powers and duties as
  may be deemed necessary to protect the interests and promote the welfare
  of  members  of  the armed forces and veterans who are residents of this
  state, and their families.
    11. To render each year to the  governor  and  to  the  legislature  a
  written report of the activities and recommendations of the division.
    12.  To make application to the government of the United States or any
  political subdivision, agency or instrumentality thereof, for funds  for
  the   purpose  of  acquiring  lands  for,  establishing,  operating  and
  maintaining veteran's cemeteries in this state; to enter into  contracts
  with  any  political subdivision, agency or instrumentality of the state
  for the establishment, operation and maintenance of veteran's cemeteries
  in this state; and  to  evaluate,  monitor  and  otherwise  oversee  the
  operation  of  veteran's cemeteries provided, however, that all costs of
  such establishment, operation and maintenance  shall  be  borne  by  the
  political subdivision, agency or instrumentality with which the division
  has contracted.
    13.  To make application to the government of the United States or any
  political subdivision, agency or instrumentality thereof, for funds  for
  the  purpose  of  providing an optional fund for the burial of honorably
  discharged veterans in any not-for-profit cemetery corporation  in  this
  state;   provided,   however,   that   all  costs  associated  with  the
  establishment of such optional fund shall  be  borne  by  the  political
  subdivision,  agency  or  instrumentality  with  which  the division has
  contracted.
    14. To establish, operate and maintain a toll-free  telephone  number,
  under  the  supervision  of  the  state  director,  for  the  purpose of
  providing callers thereof with information relating to services provided
  by the division as well as services and programs provided to veterans by
  other agencies, bureaus and organizations. Such  services  and  programs
  shall  include,  but  not  be  limited to, educational and job benefits,
  tuition assistance programs, survivor benefits, health and mental health
  referrals and real property tax exemptions.
    15. To develop, jointly with the commissioner of education, a form  by
  which  the  parent  or person in parental relation to a designated child
  may, should he or she so elect, report to the division that a parent  of
  such child is a veteran of the armed forces who served in Vietnam during
  the Vietnam conflict. This form shall: (i) clearly state that the parent
  or   person  in  parental  relation  is  not  required  to  provide  the
  information requested and that the information will have no bearing upon
  the services the child will receive; (ii)  state  that  the  information
  will  be  used  exclusively  for  research  purposes  and  explain those

research purposes in plain language; and (iii) provide  the  address  to
  which  the form is to be mailed, should the parent or person in parental
  relation  elect  to  make  such  report.  For  the  purposes   of   this
  subdivision,  the  term "designated child" shall mean a child designated
  by a school district committee on special education pursuant to  section
  forty-four  hundred two of the education law as either learning disabled
  or emotionally disturbed.
    16. To establish and maintain the veterans'  hall  of  fame  with  the
  assistance of the council.
    17.  To  process  all  information  received  from  nursing  homes and
  residential health care facilities indicating veteran or veteran  spouse
  status.  Such processing shall occur by transmitting such information to
  state  counselors  for  review  and  potential  linkage  to   applicable
  benefits,  including but not limited to federal aid and attendance and a
  federal improved pension  program.  State  counselors  shall  work  with
  county  counselors or any accredited service officers of an organization
  chartered by the congress of the United States and/or recognized by  the
  department of veterans affairs for claim representation as necessary and
  where  appropriate.  Such  information  shall  be  protected as personal
  confidential information under article six-A of the public officers  law
  against  disclosure  of confidential material, and shall be used only to
  assist in providing linkage  to  applicable  benefits  and  entitlements
  under federal and state law.
    18.  To  include  within  the annual report as required by subdivision
  eleven of this section an accounting of the  number  of  forms  received
  from  nursing  homes  and  residential  health  care  facilities and the
  specific number of veterans and spouses of veterans linked to applicable
  benefits, including, but not limited to federal aid and attendance and a
  federal improved pension program. Such report shall evaluate the average
  time  taken  by  the  division  between  receipt  of  such  information,
  transmission  to  veterans counselors and linkage to available benefits.
  Such report shall also evaluate the effectiveness  of  the  program  and
  make recommendations for improvements as necessary.
    19.   To   encourage  the  development  of  and  to  provide  for  the
  establishment of a state women  veterans  coordinator,  as  provided  in
  section three hundred sixty-one-b of this article.