N.Y. Veterans' Services Law § 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, the New York state department of labor, and the New

York state department of civil service. 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.

30-a. To provide information on the department's website on volunteer

opportunities available to veterans as defined in section one of this

article, including but not limited to, (a) a volunteer fire department,

after consultation with the office of fire prevention and control to

identify the most effective ways to provide useful information about

available volunteer opportunities, or (b) an emergency services

provider, after consultation with the department of health to identify

the most effective ways to provide useful information about available

volunteer opportunities.

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, veterans' liaisons pursuant to section twenty nine-b of

this article, 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.

39. To encourage the development of and provide for the establishment

of a state military immigrant family legacy program liaison, as provided

in section twenty-nine-b of this article.