353 - General Functions, Powers and Duties of Division.

NY Exec L § 353 (2019) (N/A)
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(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 honorably discharged veterans 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. * NB Effective until November 12, 2020 * 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. * NB Effective November 12, 2020 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 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. * NB Effective until February 9, 2020 * 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. * NB Effective February 9, 2020 15. To develop, jointly with the commissioner of education, a form by which the parent or person in parental relation to a designated child may, should he or she so elect, report to the division that a parent of such child is a veteran of the armed forces who served in Vietnam during the Vietnam conflict. This form shall: (i) clearly state that the parent or person in parental relation is not required to provide the information requested and that the information will have no bearing upon the services the child will receive; (ii) state that the information will be used exclusively for research purposes and explain those research purposes in plain language; and (iii) provide the address to which the form is to be mailed, should the parent or person in parental relation elect to make such report. For the purposes of this subdivision, the term "designated child" shall mean a child designated by a school district committee on special education pursuant to section forty-four hundred two of the education law as either learning disabled or emotionally disturbed. 17. To process all information received from nursing homes and residential health care facilities, including assisted living and assisted living residences as defined in section forty-six hundred fifty-one of the public health law, and adult care facilities authorized under title two of article seven of the social services law, indicating veteran or veteran spouse status. Such processing shall occur by transmitting such information to state counselors for review and potential linkage to applicable benefits, including but not limited to federal aid and attendance and a federal improved pension program. State counselors shall work with county counselors or any accredited service officers of an organization chartered by the congress of the United States and/or recognized by the department of veterans affairs for claim representation as necessary and where appropriate. Such information shall be protected as personal confidential information under article six-A of the public officers law against disclosure of confidential material, and shall be used only to assist in providing linkage to applicable benefits and entitlements under federal and state law. 18. To include within the annual report as required by subdivision eleven of this section an accounting of the number of forms received from nursing homes and residential health care facilities, including assisted living and assisted living residences as defined in section forty-six hundred fifty-one of the public health law, and adult care facilities authorized under title two of article seven of the social services law, and the specific number of veterans and spouses of veterans linked to applicable benefits, including, but not limited to federal aid and attendance and a federal improved pension program. Such report shall evaluate the average time taken by the division between receipt of such information, transmission to veterans counselors and linkage to available benefits. Such report shall also evaluate the effectiveness of the program and make recommendations for improvements as necessary. 19. To encourage the development of and to provide for the establishment of a state women veterans coordinator, as provided in section three hundred sixty-one-b of this article. 20. To make available information on accident prevention courses approved by the commissioner of motor vehicles online on the division's website. The division shall provide a link to the department of motor vehicles website pages containing information on the accident prevention courses. 21. To provide information regarding resources that are available to assist veterans who experience mental health or substance abuse problems, and veterans with physical disabilities, by maintaining mental health, substance abuse and physical disabilities portals on the division's internet website. Such portals shall provide virtual links to appropriate governmental programs on the federal and state levels and information on suicide prevention, peer outreach and support, and services that address the special needs of physically disabled veterans. The division may consult with the office of mental health, the office of alcoholism and substance abuse services, the department of health and the department of labor. The division shall make reference to this information provided pursuant to subdivisions four-a and four-b of this section and in the annual report to the governor and the legislature required pursuant to subdivision eleven of this section. Such information required under this subdivision shall be maintained and updated annually. 22. To include within the annual report as required by subdivision eleven of this section an accounting of the number of veteran-owned small businesses in the state of New York, to be listed by the following designations: small business concern owned and controlled by veterans as set forth in 15 U.S.C. section 632(Q)(3), as amended from time to time, and service disabled veteran-owned business enterprise as set forth in article seventeen-B of this chapter. Such listing shall include but not be limited to the name of the veteran owner or owners of each business, location of each such business, the type of each such business and whenever practicable, be divided into categories of labor, services, equipment, materials and recognized construction trades. The division shall request this information annually from the U.S. department of veterans affairs, any other appropriate federal agencies and the division of service-disabled veterans' business development within the New York state office of general services. 23. To maintain a fact sheet on the division's webpage containing (a) contact information for all veterans integrated service networks located within the state, (b) current contact information for the United States veterans health administration including VA medical centers and clinics and (c) contact information for each New York State veterans' home. The fact sheet shall be entitled, "Information for Veterans concerning Health Care Options" and shall be updated annually. * 24. To maintain a listing on the division's website of the local veterans' service agencies established pursuant to section three hundred fifty-seven of this article with the name, location, hours of operation and contact information of each county and city veterans' service agency. The division shall also provide this information in its annual report to the governor and the legislature as required pursuant to subdivision eleven of this section. Information under this subdivision shall be maintained and updated annually. * NB Effective February 6, 2020 * 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 Effective January 10, 2020 * 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 Effective March 1, 2020 * NB There are 3 sb 24's