2020 New York Laws
EXC - Executive
Article 17 - Veterans' Services
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. * 6-a. To prepare and submit a report, in consultation with the office of temporary and disability assistance, department of labor, and office of children and family services to determine the number of homeless persons in New York state that are veterans. Such report shall include, but not be limited to, the following information to the extent it is reasonably accessible to the division: (a) an analysis of veterans in New York state who are currently homeless, or have been homeless within five years of being released from active duty including an analysis of gender as it relates to homelessness of veterans; (b) data on the number of children of homeless veterans, including the current placement of such children; (c) cases of military sexual trauma experienced by homeless veterans while on active duty or during military training, including a breakdown of the collected data based upon the gender of the victim; and (d) the unemployment rate for New York state veterans. The term "children of homeless veterans" shall mean a person who is unmarried and who is under the age of eighteen years, and is the biological or legally adopted child of a veteran. The report shall be delivered to the governor, the speaker of the assembly and the temporary president of the senate by June thirtieth, two thousand twenty and every three years thereafter. Such report shall be publicly available and posted on the division of veterans' services website. * NB Repealed July 1, 2032 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. Furthermore, the division shall provide an internet connection to correlate military occupations and skills into civilian translations and terms. 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. 7-b. To provide information regarding resources that are available to assist veterans in obtaining employment by maintaining a veterans' employment portal on the division's internet website. Such portal shall provide virtual links to appropriate governmental programs on the federal and state level, including, but not limited to the United States department of labor and the New York state department of labor. The division may consult with members of the community devoted to helping veterans obtain employment. The division shall make reference to this information 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. 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. (a) For the purpose of providing for the construction, establishment, expansion, improvement, support, operation, maintenance and the provision of perpetual care for state veterans cemeteries, to seek funding from, and make application for funding to:(1) the government of the United States, including any agency or public authority thereof;
(2) the government of the state of New York, including any agency or public authority thereof;
(3) any political subdivision of the government of the state of New York, including any agency or public authority thereof; or
(4) any private individual, corporation or foundation;
(b) Pursuant to section three hundred sixty-five of this article, to provide for the construction, establishment, expansion, improvement, support, operation, maintenance and the provision of perpetual care for state veterans cemeteries;
(c) To expend moneys from the veterans remembrance and cemetery maintenance and operation fund, established pursuant to section ninety-seven-mmmm of the state finance law; and
(d) To evaluate, monitor and otherwise oversee the operation of veterans cemeteries in this state. 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 veterans who (i) were honorably discharged or (ii) had a qualifying condition, as defined in section three hundred fifty of this article, and received a discharge other than bad conduct or dishonorable, or (iii) were a discharged LGBT veteran, as defined in section three hundred fifty of this article, and received a discharge other than bad conduct or dishonorable, 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. 14-a. To establish, operate and maintain a free mobile application, under the supervision of the state director, for the purposes of providing veterans and their family members with information, available on a region-specific basis, relating to services provided by the division as well as services and programs provided to veterans by other state agencies, the federal government, and other 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. The division's website shall contain a link to the free mobile application. 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. 17. To process all information received from nursing homes and residential health care facilities, including assisted living and assisted living residences as defined in section forty-six hundred fifty-one of the public health law, and adult care facilities authorized under title two of article seven of the social services law, 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, including assisted living and assisted living residences as defined in section forty-six hundred fifty-one of the public health law, and adult care facilities authorized under title two of article seven of the social services law, 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. 20. To make available information on accident prevention courses approved by the commissioner of motor vehicles online on the division's website. The division shall provide a link to the department of motor vehicles website pages containing information on the accident prevention courses. 21. To provide information regarding resources that are available to assist veterans who experience mental health or substance abuse problems, and veterans with physical disabilities, by maintaining mental health, substance abuse and physical disabilities portals on the division's internet website. Such portals shall provide virtual links to appropriate governmental programs on the federal and state levels and information on suicide prevention, peer outreach and support, and services that address the special needs of physically disabled veterans. The division may consult with the office of mental health, the office of alcoholism and substance abuse services, the department of health and the department of labor. The division shall make reference to this information provided pursuant to subdivisions four-a and four-b of this section and in the annual report to the governor and the legislature required pursuant to subdivision eleven of this section. Such information required under this subdivision shall be maintained and updated annually. 22. To include within the annual report as required by subdivision eleven of this section an accounting of the number of veteran-owned small businesses in the state of New York, to be listed by the following designations: small business concern owned and controlled by veterans as set forth in 15 U.S.C. section 632(Q)(3), as amended from time to time, and service disabled veteran-owned business enterprise as set forth in article seventeen-B of this chapter. Such listing shall include but not be limited to the name of the veteran owner or owners of each business, location of each such business, the type of each such business and whenever practicable, be divided into categories of labor, services, equipment, materials and recognized construction trades. The division shall request this information annually from the U.S. department of veterans affairs, any other appropriate federal agencies and the division of service-disabled veterans' business development within the New York state office of general services. 23. To maintain a fact sheet on the division's webpage containing (a) contact information for all veterans integrated service networks located within the state, (b) current contact information for the United States veterans health administration including VA medical centers and clinics and (c) contact information for each New York State veterans' home. The fact sheet shall be entitled, "Information for Veterans concerning Health Care Options" and shall be updated annually. * 24. To maintain a listing on the division's website of the local veterans' service agencies established pursuant to section three hundred fifty-seven of this article with the name, location, hours of operation and contact information of each county and city veterans' service agency. The division shall also provide this information in its annual report to the governor and the legislature as required pursuant to subdivision eleven of this section. Information under this subdivision shall be provided to the division by each local veterans' service agency and shall be updated annually. * NB There are 3 sb 24's * 24. To maintain a discharge upgrade advisory board program within the division to provide written non-binding advisory opinions to veterans of the state of New York appealing their character of discharge from the discharge review board or the board for corrections of military records for their branch of service on the federal level. Individuals may submit an application with evidence, including all relevant documents, which shall be reviewed by the discharge upgrade advisory board program in a timely manner. If such board finds the veteran's application for a discharge upgrade is meritorious, then the board will provide the veteran with a written opinion advocating for the discharge review board or board for corrections of military or naval records to grant that veteran's appeal. The division shall post information on the discharge upgrade advisory board program on its official webpage. The annual report required by subdivision eleven of this section shall contain information including, but not limited to, the number of cases reviewed, and the number of cases where a veteran's application was found to be meritorious. * NB There are 3 sb 24's * 24. To provide information regarding resources that are available to assist veterans who experienced military sexual trauma while on active duty or during military training, by maintaining a military sexual trauma portal on the division's internet website. Such portal shall provide virtual links to appropriate governmental programs on the federal and state levels. The division may consult with the office of mental health and the department of health. The division shall make reference to this information provided pursuant to subdivisions four-a and four-b of this section and in the annual report to the governor and the legislature required pursuant to subdivision eleven of this section. Such information required under this subdivision shall be maintained and updated annually. * NB There are 3 sb 24's 25. To make widely available to the public via, among other things, publication on the division's website and free mobile application pursuant to subdivision fourteen-a of this section, information regarding the veterans remembrance and cemetery maintenance and operation fund established pursuant to section ninety-seven-mmmm of the state finance law.
