N.Y. VET Law § 4 — New York Code / Act VET / Article 1 / Section 4
General functions, powers and duties of department
Status: in_force

§ 4. General functions, powers and duties of department. The\ndepartment, by and through the state commissioner or his or her duly\nauthorized officer or employee, shall have the following functions,\npowers and duties:\n  1. To coordinate the program and activities of departments, divisions,\nboards, bureaus, commissions or agencies of the state or of any\npolitical subdivision of the state in providing services and facilities\nto members of the uniformed services and to veterans who are residents\nof this state and their families.\n  2. To maintain liaison with other public officials and agencies\nconcerned with the development or execution of plans for members of the\nuniformed services and veterans who are residents of this state, and\ntheir families, and to assist in the development and execution of such\nplans.\n  3. To establish, direct and supervise a state veterans' services\nagency; and to create or designate other agencies of the department to\naid and assist in the discharge of one or more of its functions, powers\nor duties under this article, and grant authority to such agencies as\nmay be deemed necessary for the effective accomplishment of any of such\nfunctions, powers or duties.\n  4. To operate and maintain veterans benefits advisement and to\nadminister benefits for members of the uniformed services and veterans\nwho are residents of this state, and their families.\n  5. To provide seminars three times per year at locations throughout\nthe state to advise veterans and their surviving spouses, who are age\nsixty-two or older, of veterans' benefits for which they may be eligible\nfrom the state and federal governments, and the means of obtaining such\nbenefits.\n  6. To provide seminars three times per year at locations throughout\nthe state to advise women veterans of their benefits for which they may\nbe eligible from the state and federal governments, the means of\nobtaining such benefits and other topics, including, but not limited to,\nhealth care issues of specific interest to women veterans.\n  7. To provide in cooperation with the office of general services and\nthe office of the comptroller a series of seminars, that shall be\nconducted four or more times per year at regional sites located\nthroughout the state of New York for the purpose of advising\nveteran-owned businesses regarding the opportunities available for\nobtaining procurement contracts from New York state agencies,\nmunicipalities, and authorities.  Furthermore the seminars shall provide\nrequirements and training that will enable veteran-owned businesses to\nsuccessfully participate in the procurement process.\n  8. To execute and assist in the execution of plans for the efficient\nutilization of the resources and facilities of the state in matters\nrelated to members of the uniformed services and veterans who are\nresidents of this state, and their families.\n  9. To make studies and analyses and develop and execute plans for\nassistance and benefits to members of the uniformed services and\nveterans who are residents of this state, and their families, and the\ncreation of agencies, institutions and facilities therefor.\n  10. To prepare and submit a report, in consultation with the office of\ntemporary and disability assistance, department of labor, and office of\nchildren and family services to determine the number of homeless persons\nin New York state that are veterans. Such report shall include, but not\nbe limited to, the following information to the extent it is reasonably\naccessible to the department: (a) an analysis of veterans in New York\nstate who are currently homeless, or have been homeless within five\nyears of being released from active duty including an analysis of gender\nas it relates to homelessness of veterans; (b) data on the number of\nchildren of homeless veterans, including the current placement of such\nchildren; (c) cases of military sexual trauma experienced by homeless\nveterans while on active duty or during military training, including a\nbreakdown of the collected data based upon the gender of the victim; and\n(d) the unemployment rate for New York state veterans. The term\n"children of homeless veterans" shall mean a person who is unmarried and\nwho is under the age of eighteen years, and is the biological or legally\nadopted child of a veteran. The report shall be delivered to the\ngovernor, the speaker of the assembly and the temporary president of the\nsenate by June thirtieth, two thousand twenty and every three years\nthereafter. Such report shall be publicly available and posted on the\ndepartment of veterans' services website.\n  11. To develop and encourage plans for the occupational reorientation\nof veterans who are residents of this state, including the determination\nand certification of civilian equivalents for military experience and\nthe development and encouragement of on-the-job training and\napprenticeship training programs. Furthermore, the department shall\nprovide an internet connection to correlate military occupations and\nskills into civilian translations and terms.\n  12. To provide information regarding resources that are available to\nassist veterans in establishing and sustaining a small business by\nmaintaining a small business portal on the department's internet\nwebsite. Such portal shall provide virtual links to appropriate\ngovernment programs including, but not limited to the United States\nDepartment of Veterans' Affairs. The department may consult with the New\nYork State Small Business Development Center and any other appropriate\nstate agencies. The department shall make reference to this information\nin its newsletter, at the three seminars sponsored by the department\npursuant to subdivisions five, six, and seven of this section and the\nannual report to the governor and the legislature as provided in\nsubdivision seventeen of this section. Such information required under\nthis subdivision shall be maintained and updated annually. The\ninformation may also be made available in printed form.\n  13. To provide information regarding resources that are available to\nassist veterans in obtaining employment by maintaining a veterans'\nemployment portal on the department's internet website. Such portal\nshall provide virtual links to appropriate governmental programs on the\nfederal and state level, including, but not limited to the United States\ndepartment of labor, the New York state department of labor, and the New\nYork state department of civil service. The department may consult with\nmembers of the community devoted to helping veterans obtain employment.\nThe department shall make reference to this information pursuant to\nsubdivisions five, six, and seven of this section and the annual report\nto the governor and the legislature as provided in subdivision seventeen\nof this section. Such information required under this subdivision shall\nbe maintained and updated annually. The information may also be made\navailable in printed form.\n  14. To adopt, promulgate, amend and rescind suitable rules and\nregulations to carry out the provisions of this article.\n  15. To recommend to the legislature and the governor legislative\nproposals for the benefit of members of the uniformed services and\nveterans who are residents of this state, and their families.\n  16. To exercise and perform such other functions, powers and duties as\nmay be deemed necessary to protect the interests and promote the welfare\nof members of the uniformed services and veterans who are residents of\nthis state, and their families.\n  17. To render each year to the governor and to the legislature a\nwritten report of the activities and recommendations of the department.\n  18. (a) For the purpose of providing for the construction,\nestablishment, expansion, improvement, support, operation, maintenance\nand the provision of perpetual care for state veterans' cemeteries, to\nseek funding from, and make application for funding to:\n  (1) the government of the United States, including any agency or\npublic authority thereof;\n  (2) the government of the state of New York, including any agency or\npublic authority thereof;\n  (3) any political subdivision of the government of the state of New\nYork, including any agency or public authority thereof; or\n  (4) any private individual, corporation or foundation;\n  (b) Pursuant to section twenty-three of this article, to provide for\nthe construction, establishment, expansion, improvement, support,\noperation, maintenance and the provision of perpetual care for state\nveterans cemeteries;\n  (c) To expend moneys from the veterans remembrance and cemetery\nmaintenance and operation fund, established pursuant to section\nninety-seven-mmmm of the state finance law; and\n  (d) To evaluate, monitor and otherwise oversee the operation of\nveterans cemeteries in this state.\n  19. To make application to the government of the United States or any\npolitical subdivision, agency or instrumentality thereof, for funds for\nthe purpose of providing an optional fund for the burial of veterans who\n(i) were honorably discharged or (ii) had a qualifying condition, as\ndefined in section one of this article, and received a discharge other\nthan bad conduct or dishonorable, or (iii) were a discharged LGBT\nveteran, as defined in section one of this article, and received a\ndischarge other than bad conduct or dishonorable, in any not-for-profit\ncemetery corporation in this state; provided, however, that all costs\nassociated with the establishment of such optional fund shall be borne\nby the political subdivision, agency or instrumentality with which the\ndepartment has contracted.\n  20. To establish, operate and maintain a toll-free telephone number,\nunder the supervision of the state commissioner, for the purpose of\nproviding callers thereof with information relating to services provided\nby the department as well as services and programs provided to veterans\nby other agencies, bureaus and organizations. Such services and programs\nshall include, but not be limited to, educational and job benefits,\ntuition assistance programs, survivor benefits, health and mental health\nreferrals and real property tax exemptions.\n  21. To establish, operate and maintain a free mobile application,\nunder the supervision of the state commissioner, for the purposes of\nproviding veterans and their family members with information, available\non a region-specific basis, relating to services provided by the\ndepartment as well as services and programs provided to veterans by\nother state agencies, the federal government, and other organizations.\nSuch services and programs shall include, but not be limited to\neducational and job benefits, tuition assistance programs, survivor\nbenefits, health and mental health referrals, and real property tax\nexemptions. The department's website shall contain a link to the free\nmobile application.\n  22. To develop, jointly with the commissioner of education, a form by\nwhich the parent or person in parental relation to a designated child\nmay, should he or she so elect, report to the department that a parent\nof such child is a veteran of the uniformed services who served in\nVietnam during the Vietnam conflict. This form shall: (i) clearly state\nthat the parent or person in parental relation is not required to\nprovide the information requested and that the information will have no\nbearing upon the services the child will receive; (ii) state that the\ninformation will be used exclusively for research purposes and explain\nthose research purposes in plain language; and (iii) provide the address\nto which the form is to be mailed, should the parent or person in\nparental relation elect to make such report. For the purposes of this\nsubdivision, the term "designated child" shall mean a child designated\nby a school district committee on special education pursuant to section\nforty-four hundred two of the education law as either learning disabled\nor emotionally disturbed.\n  23. To process all information received from nursing homes and\nresidential health care facilities, including assisted living and\nassisted living residences as defined in section forty-six hundred\nfifty-one of the public health law, and adult care facilities authorized\nunder title two of article seven of the social services law, indicating\nveteran or veteran spouse status. Such processing shall occur by\ntransmitting such information to veterans benefits advisors for review\nand potential linkage to applicable benefits, including but not limited\nto federal aid and attendance and a federal improved pension program.\nVeterans benefits advisors shall work with county veterans service\nofficers or any accredited service officers of an organization chartered\nby the congress of the United States and/or recognized by the department\nof veterans affairs for claim representation as necessary and where\nappropriate. Such information shall be protected as personal\nconfidential information under article six-A of the public officers law\nagainst disclosure of confidential material, and shall be used only to\nassist in providing linkage to applicable benefits and entitlements\nunder federal and state law.\n  24. To include within the annual report as required by subdivision\nseventeen of this section an accounting of the number of forms received\nfrom nursing homes and residential health care facilities, including\nassisted living and assisted living residences as defined in section\nforty-six hundred fifty-one of the public health law, and adult care\nfacilities authorized under title two of article seven of the social\nservices law, and the specific number of veterans and spouses of\nveterans linked to applicable benefits, including, but not limited to\nfederal aid and attendance and a federal improved pension program. Such\nreport shall evaluate the average time taken by the department between\nreceipt of such information, transmission to veterans benefits advisors\nand linkage to available benefits. Such report shall also evaluate the\neffectiveness of the program and make recommendations for improvements\nas necessary.\n  25. To encourage the development of and to provide for the\nestablishment of a state women veterans coordinator, as provided in\nsection nineteen of this article.\n  26. To make available information on accident prevention courses\napproved by the commissioner of motor vehicles online on the\ndepartment's website. The department shall provide a link to the\ndepartment of motor vehicles website pages containing information on the\naccident prevention courses.\n  27. To provide information regarding resources that are available to\nassist veterans who experience mental health or substance abuse\nproblems, and veterans with physical disabilities, by maintaining mental\nhealth, substance abuse and physical disabilities portals on the\ndepartment's internet website. Such portals shall provide virtual links\nto appropriate governmental programs on the federal and state levels and\ninformation on suicide prevention, peer outreach and support, and\nservices that address the special needs of physically disabled veterans.\nThe department may consult with the office of mental health, the office\nof addiction services and supports, the department of health and the\ndepartment of labor. The department shall make reference to this\ninformation provided pursuant to subdivisions five and six of this\nsection and in the annual report to the governor and the legislature\nrequired pursuant to subdivision seventeen of this section. Such\ninformation required under this subdivision shall be maintained and\nupdated annually.\n  28. To include within the annual report as required by subdivision\nseventeen of this section an accounting of the number of veteran-owned\nsmall businesses in the state of New York, to be listed by the following\ndesignations: small business concern owned and controlled by veterans as\nset forth in 15 U.S.C. section 632(Q)(3), as amended from time to time,\nand service disabled veteran-owned business enterprise as set forth in\narticle three of this chapter. Such listing shall include but not be\nlimited to the name of the veteran owner or owners of each business,\nlocation of each such business, the type of each such business and\nwhenever practicable, be divided into categories of labor, services,\nequipment, materials and recognized construction trades. The department\nshall request this information annually from the U.S. department of\nveterans affairs, any other appropriate federal agencies and the\ndepartment of service-disabled veterans' business development within the\nNew York state office of general services.\n  29. To maintain a fact sheet on the department's webpage containing\n(a) contact information for all veterans integrated service networks\nlocated within the state, (b) current contact information for the United\nStates veterans health administration including VA medical centers and\nclinics and (c) contact information for each New York State veterans'\nhome. The fact sheet shall be entitled, "Information for Veterans\nconcerning Health Care Options" and shall be updated annually.\n  30. To maintain a listing on the department's website of the local\nveterans' service agencies established pursuant to section fourteen of\nthis article with the name, location, hours of operation and contact\ninformation of each county and city veterans' service agency. The\ndepartment shall also provide this information in its annual report to\nthe governor and the legislature as required pursuant to subdivision\nseventeen of this section. Information under this subdivision shall be\nprovided to the department by each local veterans' service agency and\nshall be updated annually.\n  30-a. To provide information on the department's website on volunteer\nopportunities available to veterans as defined in section one of this\narticle, including but not limited to, (a) a volunteer fire department,\nafter consultation with the office of fire prevention and control to\nidentify the most effective ways to provide useful information about\navailable volunteer opportunities, or (b) an emergency services\nprovider, after consultation with the department of health to identify\nthe most effective ways to provide useful information about available\nvolunteer opportunities.\n  31. To maintain a discharge upgrade advisory board program within the\ndepartment to provide written non-binding advisory opinions to veterans\nof the state of New York appealing their character of discharge from the\ndischarge review board or the board for corrections of military records\nfor their branch of service on the federal level. Individuals may submit\nan application with evidence, including all relevant documents, which\nshall be reviewed by the discharge upgrade advisory board program in a\ntimely manner. If such board finds the veteran's application for a\ndischarge upgrade is meritorious, then the board will provide the\nveteran with a written opinion advocating for the discharge review board\nor board for corrections of military or naval records to grant that\nveteran's appeal. The department shall post information on the discharge\nupgrade advisory board program on its official webpage. The annual\nreport required by subdivision seventeen of this section shall contain\ninformation including, but not limited to, the number of cases reviewed,\nand the number of cases where a veteran's application was found to be\nmeritorious.\n  32. To provide information regarding resources that are available to\nassist veterans who experienced military sexual trauma while on active\nduty or during military training, by maintaining a military sexual\ntrauma portal on the department's internet website. Such portal shall\nprovide virtual links to appropriate governmental programs on the\nfederal and state levels. The department may consult with the office of\nmental health and the department of health. The department shall make\nreference to this information provided pursuant to subdivisions five and\nsix of this section and in the annual report to the governor and the\nlegislature required pursuant to subdivision seventeen of this section.\nSuch information required under this subdivision shall be maintained and\nupdated annually.\n  33. To make widely available to the public via, among other things,\npublication on the department's website and free mobile application\npursuant to subdivision twenty-one of this section, information\nregarding the veterans remembrance and cemetery maintenance and\noperation fund established pursuant to section ninety-seven-mmmm of the\nstate finance law.\n  34. To prepare and submit a report in consultation with the department\nof health and the department of mental hygiene including the following\ninformation to the extent it is reasonably accessible: (a) the number of\nveterans who died by suicide; (b) trends of veterans suicide rates over\nthe last five years, including details by period of military service;\nand (c) a comparison of veterans suicide rates by county, statewide and\nnationwide. Such report shall be delivered to the governor and\nlegislature no later than June thirteenth, two thousand twenty-four and\nevery three years thereafter. Such report shall also be made available\non the division's website.\n  35. The department shall: (a) forward completed forms received from a\ncoroner, coroner's physician or medical examiner pursuant to section six\nhundred seventy-seven of the county law to the office of mental hygiene\npursuant to subdivision (g) of section 7.07 of the mental hygiene law in\na timely manner; and (b) compile such information for inclusion in the\nannual report pursuant to this section.\n  36. To coordinate outreach efforts that ensure members of the\nuniformed services and veterans who are residents of this state, and\ntheir families, are made aware of services for veterans from any\ndepartments, divisions, boards, bureaus, commissions or agencies of the\nstate or any political subdivision of this state.\n  37. To develop collaborative relationships among state, federal, and\nlocal agencies, veterans' liaisons pursuant to section twenty nine-b of\nthis article, and private organizations, including but not limited to\nthe office of mental health, state office for the aging, and office of\naddiction services and supports, to help facilitate access to services\nby members of the uniformed services and veterans who are residents of\nthe state and their families.\n  38. To develop an application process for congressionally chartered\nveterans' organizations to receive reimbursement of costs associated\nwith funeral and burial services for indigent veterans pursuant to\nsubdivision one-a of section one hundred forty-eight of the general\nmunicipal law. The application shall contain information about the\nfuneral firm whose services were engaged pursuant to section one hundred\nforty-eight of the general municipal law and any other information that\nthe department may require. The application must be signed and dated by\nthe supervising funeral director.\n  39. To encourage the development of and provide for the establishment\nof a state military immigrant family legacy program liaison, as provided\nin section twenty-nine-b of this article.\n