NY Exec L § 353 (2021)
2021 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.   * NB Effective until December 7, 2021   * 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,  traumatic  brain  injury  (TBI), post-traumatic stress disorder (PTSD), 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.   * NB Effective December 7, 2021   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.