2023 New York Laws › VET - Veterans' Services Law › Article 1 - Department of Veterans' Services › 4 - General Functions, Powers and Duties of Department.

§   4.  General  functions,  powers  and  duties  of  department.  The
department, by and through the state commissioner or  his  or  her  duly
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 uniformed services 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
uniformed  services  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' services
agency; and to create or designate other agencies of the  department  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  veterans  benefits  advisement  and  to
administer  benefits  for members of the uniformed services and veterans
who are residents of this state, and their families.
5. 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.
6.  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.
7. 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.
8.  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  uniformed  services  and veterans who are
residents of this state, and their families.
9. To make studies and analyses and  develop  and  execute  plans  for
assistance  and  benefits  to  members  of  the  uniformed  services and
veterans who are residents of this state, and their  families,  and  the
creation of agencies, institutions and facilities therefor.
10. 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 department: (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
department of veterans' services website.
11. 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  department shall
provide an internet connection to  correlate  military  occupations  and
skills into civilian translations and terms.
12.  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  department'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 department may consult with the New
York State Small Business Development Center and any  other  appropriate
state  agencies. The department shall make reference to this information
in its newsletter, at the three seminars  sponsored  by  the  department
pursuant  to  subdivisions  five, six, and seven of this section and the
annual report to  the  governor  and  the  legislature  as  provided  in
subdivision  seventeen  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.
13.  To  provide information regarding resources that are available to
assist veterans in  obtaining  employment  by  maintaining  a  veterans'
employment  portal  on  the  department'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
department may consult with members of the community devoted to  helping
veterans  obtain employment. The department shall make reference to this
information pursuant to  subdivisions  five,  six,  and  seven  of  this
section  and  the  annual  report to the governor and the legislature as
provided in subdivision seventeen  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.
14. To  adopt,  promulgate,  amend  and  rescind  suitable  rules  and
regulations to carry out the provisions of this article.
15.  To  recommend  to  the  legislature  and the governor legislative
proposals for the benefit of  members  of  the  uniformed  services  and
veterans who are residents of this state, and their families.
16. 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 uniformed services and veterans who are residents of
this state, and their families.
17. To render each year to the  governor  and  to  the  legislature  a
written report of the activities and recommendations of the department.
18.   (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 twenty-three 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.
19. 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 one of this article, and received a discharge other
than bad conduct or  dishonorable,  or  (iii)  were  a  discharged  LGBT
veteran,  as  defined  in  section  one  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
department has contracted.
20. To establish, operate and maintain a toll-free  telephone  number,
under  the  supervision  of  the  state commissioner, for the purpose of
providing callers thereof with information relating to services provided
by the department 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.
21. To establish, operate and  maintain  a  free  mobile  application,
under  the  supervision  of  the state commissioner, for the purposes of
providing veterans and their family members with information,  available
on  a  region-specific  basis,  relating  to  services  provided  by the
department 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  department's  website shall contain a link to the free
mobile application.
22. 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 department that  a  parent
of  such  child  is  a  veteran  of the uniformed services 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.
23. 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 veterans benefits advisors for review
and potential linkage to applicable benefits, including but not  limited
to  federal  aid  and attendance and a federal improved pension program.
Veterans benefits advisors  shall  work  with  county  veterans  service
officers 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.
24. To include within the annual report  as  required  by  subdivision
seventeen  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 department between
receipt of such information, transmission to veterans benefits  advisors
and  linkage  to available benefits. Such report shall also evaluate the
effectiveness of the program and make recommendations  for  improvements
as necessary.
25.   To   encourage  the  development  of  and  to  provide  for  the
establishment of a state women  veterans  coordinator,  as  provided  in
section nineteen of this article.
26.  To  make  available  information  on  accident prevention courses
approved  by  the  commissioner  of  motor  vehicles   online   on   the
department's  website.  The  department  shall  provide  a  link  to the
department of motor vehicles website pages containing information on the
accident prevention courses.
27. 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
department'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  department may consult with the office of mental health, the office

of addiction services and supports, the department  of  health  and  the
department  of  labor.  The  department  shall  make  reference  to this
information provided pursuant to  subdivisions  five  and  six  of  this
section  and  in  the  annual report to the governor and the legislature
required  pursuant  to  subdivision  seventeen  of  this  section.  Such
information  required  under  this  subdivision  shall be maintained and
updated annually.
28. To include within the annual report  as  required  by  subdivision
seventeen  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 three 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  department
shall  request  this  information  annually  from the U.S. department of
veterans  affairs,  any  other  appropriate  federal  agencies  and  the
department of service-disabled veterans' business development within the
New York state office of general services.
29.  To  maintain  a fact sheet on the department'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.
30. To maintain a listing on the department's  website  of  the  local
veterans'  service  agencies established pursuant to section fourteen of
this article with the name, location, hours  of  operation  and  contact
information  of  each  county  and  city  veterans'  service agency. The
department shall also provide this information in its annual  report  to
the  governor  and  the  legislature as required pursuant to subdivision
seventeen of this section. Information under this subdivision  shall  be
provided  to  the  department by each local veterans' service agency and
shall be updated annually.
31. To maintain a discharge upgrade advisory board program within  the
department  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 department shall post information on the discharge
upgrade advisory board program  on  its  official  webpage.  The  annual
report  required  by subdivision seventeen 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.
32.  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 department's internet website.  Such  portal  shall
provide  virtual  links  to  appropriate  governmental  programs  on the
federal and state levels. The department may consult with the office  of
mental  health  and  the department of health. The department shall make
reference to this information provided pursuant to subdivisions five and
six of this section and in the annual report to  the  governor  and  the
legislature  required pursuant to subdivision seventeen of this section.
Such information required under this subdivision shall be maintained and
updated annually.
33. To make widely available to the public via,  among  other  things,
publication  on  the  department's  website  and free mobile application
pursuant  to  subdivision  twenty-one  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.
34. To prepare and submit a report in consultation with the department
of  health  and the department of mental hygiene including the following
information to the extent it is reasonably accessible: (a) the number of
veterans who died by suicide; (b) trends of veterans suicide rates  over
the  last  five  years, including details by period of military service;
and (c) a comparison of veterans suicide rates by county, statewide  and
nationwide.   Such  report  shall  be  delivered  to  the  governor  and
legislature no later than June thirteenth, two thousand twenty-four  and
every  three  years thereafter. Such report shall also be made available
on the division's website.
35. The department shall: (a) forward completed forms received from  a
coroner, coroner's physician or medical examiner pursuant to section six
hundred  seventy-seven of the county law to the office of mental hygiene
pursuant to subdivision (g) of section 7.07 of the mental hygiene law in
a timely manner; and (b) compile such information for inclusion  in  the
annual report pursuant to this section.
36.  To  coordinate  outreach  efforts  that  ensure  members  of  the
uniformed services and veterans who are residents  of  this  state,  and
their  families,  are  made  aware  of  services  for  veterans from any
departments, divisions, boards, bureaus, commissions or agencies of  the
state or any political subdivision of this state.
37.  To  develop collaborative relationships among state, federal, and
local agencies and private organizations, including but not  limited  to
the  office  of mental health, state office for the aging, and office of
addiction services and supports, to help facilitate access  to  services
by  members  of the uniformed services and veterans who are residents of
the state and their families.
38. To develop an application process  for  congressionally  chartered
veterans'  organizations  to  receive  reimbursement of costs associated
with funeral and burial  services  for  indigent  veterans  pursuant  to
subdivision  one-a  of  section  one  hundred forty-eight of the general
municipal law. The  application  shall  contain  information  about  the
funeral firm whose services were engaged pursuant to section one hundred
forty-eight  of the general municipal law and any other information that
the department may require. The application must be signed and dated  by
the supervising funeral director.