NY-VET Veterans' Services Law NY

Definitions. When used in this article:

1. The term "department" means the department of veterans' services.

2. The term "state commissioner" means the New York state commissioner

of veterans' services.

3. The term "veteran" means a person who served on active duty in the

uniformed services of the United States, or in the army national guard,

air national guard, or service as a commissioned officer in the public

health service, commissioned officer of the national oceanic and

atmospheric administration or environmental sciences services

administration, cadet at a United States armed forces service academy,

and who has been released from such service under other than

dishonorable conditions.

4. The term "uniformed services" means the army, navy, marine corps,

air force, space force, coast guard, public health commissioned corps,

and the national oceanic and atmospheric administration commissioned

officer corps of the United States.

5. The term "local director" means the director of a county or city

veterans' service agency.

6. The term "county director" means a local director of a county

veterans' service agency.

7. The term "city director" means a local director of a city veterans'

service agency.

8. The term "qualifying condition" means a diagnosis of post-traumatic

stress disorder or traumatic brain injury made by, or an experience of

military sexual trauma, as described in 38 USC 1720D, as amended from

time to time, disclosed to, an individual licensed to provide health

care services at a United States Department of Veterans Affairs facility

or an individual licensed to provide health care services within the

state of New York. The department shall develop a standardized form used

to confirm that the veteran has a qualifying condition under this

subdivision.

9. The term "discharged LGBT veteran" means a veteran who was

discharged less than honorably from the uniformed services due to their

sexual orientation or gender identity or expression, as those terms are

defined in section two hundred ninety-two of the executive law, or

statements, consensual sexual conduct, or consensual acts relating to

sexual orientation, gender identity or expression, or the disclosure of

such statements, conduct, or acts, that were prohibited by the branch of

the uniformed services at the time of discharge. The department shall

establish a consistent and uniform process to determine whether a

veteran qualifies as a discharged LGBT veteran under this subdivision,

including, at a minimum, standards for verifying a veteran's status as a

discharged LGBT veteran, and a method of demonstrating eligibility as a

discharged LGBT veteran.

Department of veterans' services. There is hereby created a

department of veterans' services. The head of such department shall be

the New York state commissioner of veterans' services who shall be a

veteran. He or she shall be appointed by the governor and shall hold

office during his or her pleasure. Such state commissioner shall receive

an annual salary to be fixed by the governor within the limitation

provided by law. He or she shall also be entitled to receive his or her

expenses actually and necessarily incurred by him or her in the

performance of his or her duties. The state commissioner, with the

approval of the governor, may establish such bureaus within the

department as are necessary and appropriate to carrying out its

functions and may consolidate or abolish such bureaus. The state

commissioner may appoint such officers, consultants, clerks and other

employees and agents as he or she may deem necessary, fix their

compensation within the limitation provided by law, and prescribe their

duties.

Veterans' services commission. 1. There shall be in the

department a veterans' services commission, which shall consist of the

members and the ex officio members provided for in this section.

2. There shall be thirteen members of the commission who shall be

veterans appointed by the governor, including two appointed on

recommendation of the temporary president of the senate, one appointed

on recommendation of the minority leader of the senate, two appointed on

recommendation of the speaker of the assembly, and one appointed on

recommendation of the minority leader of the assembly. The appointment

of members made by the governor without recommendation shall be subject

to advice and consent of the senate. The members of the commission shall

serve for terms of three years each. Appointed members presently serving

on the commission shall continue to serve for the remainder of the term

appointed. Any member chosen to fill a vacancy of such an appointed

member occurring otherwise than by expiration of term shall be appointed

for the remainder of the unexpired term of the member whom he or she is

to succeed. Members appointed as provided in this subdivision shall

receive no salary or other compensation, but each shall be entitled to

receive expenses actually and necessarily incurred in the performance of

their duties.

3. Ex officio members. (a) The adjutant general of the state of New

York shall be an ex officio member of the commission.

(b) In addition, the state commissioner may appoint the head of any

other state agency or their designee as a non-voting, ex officio member

of the commission. Such appointments shall expire annually on December

thirty-first unless such appointments are renewed by the state

commissioner.

4. One of the members of the commission, which shall include the

adjutant general, shall be designated as chairperson by the governor.

The designation shall be in writing and shall be filed with the

commission.

5. The commission shall have power, and it shall be its duty, to

assist the state commissioner in the formulation of policies affecting

veterans and in the coordination of all operations of state agencies

relating to veterans' services.

Veterans employment task force. 1. There shall be in the

department a task force on veterans employment opportunities which shall

consist of the following thirteen members: the state commissioner, or

his or her designee, who shall serve as the chair of the task force; the

commissioner of the office of general services, or his or her designee;

the president of the state civil service commission, or his or her

designee; the commissioner of labor, or his or her designee; the

adjutant general for the state of New York, or his or her designee; two

members appointed by the governor, one of whom shall be a representative

from the private sector; two members appointed by the temporary

president of the senate, one of whom shall be a representative from the

private sector; two members appointed by the speaker of the assembly,

one of whom shall be a representative from the private sector; one

member appointed by the minority leader of the senate; and one member

appointed by the minority leader of the assembly.

2. No member of the task force shall be disqualified from holding any

public office or employment, nor shall he or she forfeit any such office

of employment by virtue of his or her appointment pursuant to this

section.

3. Members of the task force shall receive no compensation for their

services, but shall be allowed their actual and necessary expenses

incurred in the performance of their functions pursuant to this section.

4. On an annual basis, the task force shall hold at least two public

hearings. To the extent practicable, such hearings shall be held in

different regions of the state. During the public hearings, the task

force shall hear the testimony of voluntary witnesses, and may request

the production of any documents which are subject to article six of the

public officers law and that the task force deems reasonably necessary

to carry out its responsibilities.

5. The task force shall issue a report no later than March

thirty-first, two thousand twenty-four, and every two years after such

date, to the governor, the temporary president of the senate, and the

speaker of the assembly. Such report shall include but not be limited

to:

(a) recommendations on the development of new methods and programs

aimed at assisting the state's veterans in finding and maintaining

meaningful employment opportunities;

(b) an analysis of the current methods and programs;

(c) the impact on veterans employment by professional licensing;

(d) the impact of veterans contractor programs;

(e) the impact of tax credits and municipal grants for hiring

unemployed veterans; and

(f) any private sector initiatives.

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.

Veteran speaker education program. 1. There is hereby established

within the department a veteran speaker education program to be

developed and implemented by the commissioner in consultation with the

commissioner of the New York state military museum and veterans resource

center and in accordance with the provisions of this section. Such

program shall provide school districts within this state with a listing

of available veteran speakers willing to visit classrooms for the

purpose of discussing their military experience.

2. The department, from its available resources, shall develop an

informational pamphlet to be distributed either by mail or

electronically to school districts which provides a general overview of

the program including its purpose and how to participate. The department

shall, in consultation with congressionally chartered veterans

organizations and local veterans services agencies, appoint and create a

listing of veteran speakers coordinators for each county of the state

who shall be listed in the informational pamphlet. The veteran speakers

coordinators' duties shall include but not be limited to contacting

veterans who reside in their county including those who have

participated in the veteran's oral history program at the New York state

military museum or the West Point oral history project or the veterans

history project of the American Folklore Center or any similar oral

history project with information about this program and inquiring as to

whether such persons would be willing to participate as speakers or in

any other capacity. The listing shall include the names and contact

information for such veterans including information describing the type

of military service performed by each such person, the time and length

of service, geographic area or areas where such person served and rank.

The veteran speakers coordinators shall annually update such information

regarding the availability of such veterans.

3. No teacher or veteran shall be required to participate in this

program. Any teacher who wishes to supplement his or her classroom

instruction concerning a particular era in American military history may

contact a participating veteran personally to request that such person

visit a classroom to discuss his or her military experience. A teacher

shall be responsible for ascertaining the appropriateness of any

proposed speaker based upon the age of the children and the intended

subject matter. Nothing in this section shall be intended to supersede

any particular or general school rules or regulations or other laws

relating to curriculum.

4. The department shall require a certified copy of the veteran's

discharge papers to participate in the veteran speaker program. Such

form shall be filed with the department to serve as evidence that such

person is a veteran who served in the United States military honorably.

5. The department shall implement a procedure for evaluations of each

speaker to be completed by teachers and students, and maintain such

evaluations and make them available upon request to other teachers who

plan to participate.

6. The department may consult with other veterans organizations and

any branch of the U.S. military in the development of this program.

Cooperation and facilities of other departments. To effectuate

the purposes of this article, the governor may direct any department,

division, board, bureau, commission or agency of the state, or of any

political subdivision thereof, to cooperate with and assist and advise

the department in the performance of its duties and functions, and to

provide such facilities, including personnel, materials and other

assistance and data as will enable the department or any of its agencies

to properly carry out its activities and effectuate its purposes under

this article.

Information on status of veterans receiving assistance.

Departments, divisions, bureaus, boards, commissions and agencies of the

state and political subdivisions thereof, which provide assistance,

treatment, counseling, care, supervision or custody in service areas

involving health, mental health, family services, criminal justice or

employment, including but not limited to the office of addiction

services and supports, office of mental health, office of probation and

correctional alternatives, office of children and family services,

office of temporary and disability assistance, department of health,

department of labor, local workforce investment boards, office for

people with developmental disabilities, and department of corrections

and community supervision, shall request assisted persons to provide

information with regard to their veteran status and military

experiences. Individuals identifying themselves as veterans, including

individuals requesting and obtaining a veteran notation on such

individual's driver's license or non-driver identification card pursuant

to sections four hundred ninety and five hundred two of the vehicle and

traffic law, shall be advised that the department of veterans' services

and local veterans' service agencies established pursuant to section

fourteen of this article provide assistance to veterans regarding

benefits under federal and state law. Information regarding veterans

status and military service provided by assisted persons solely to

implement this section shall be protected as personal confidential

information under article six-A of the public officers law against

disclosure of confidential material, and used only to assist in the

diagnosis, treatment, assessment and handling of the veteran's problems

within the agency requesting such information and in referring the

veteran to the department of veterans' services for information and

assistance with regard to benefits and entitlements under federal and

state law.

New York state supplemental burial allowance for members of the

uniformed services of the United States killed in combat or duty subject

to hostile fire or imminent danger, as defined in 37 USC § 310. 1. As

used in this section, "parent" means a father, a mother, a father

through adoption, a mother through adoption, or an individual who, for a

period of not less than one year, at any time before the decedent's

entry into active military service stood in the relationship of a parent

to a decedent who died in combat or duty subject to hostile fire or

imminent danger, as defined in 37 USC § 310, or who died from a wound

incurred in combat or while serving on duty subject to hostile fire or

imminent danger, as defined in 37 USC § 310 or, if two persons stood in

the relationship of a parent for one year or more, the person who bore

the expenses of the funeral of the decedent.

2. As used in this section, (a) "wound" means a physical injury to a

servicemember on active duty caused by (i) a bullet, shrapnel, or other

projectile; (ii) a mine or trap; (iii) an explosion; (iv) a vehicle or

aircraft accident not caused by the servicemember's willful misconduct;

or (v) any other action caused or induced by the enemy directly

resulting in physical harm to the servicemember.

(b) "burial receptacle" means (i) a casket, which shall mean a rigid

container that is designed for the encasement of human remains and

customarily ornamented and lined with fabric, (ii) an urn, which shall

mean a container of wood, metal, pottery, or other material designed for

the storage of cremated human remains, and/or (iii) an outer burial

receptacle, which shall mean a graveliner, burial vault, or other

similar type of container for the placement of a casket or urn.

3. There is hereby established within the department a New York state

supplemental burial allowance for any member of the uniformed services

of the United States who: (a) died in combat or duty subject to hostile

fire or imminent danger, as defined in 37 USC § 310 or died from a wound

incurred in combat or while serving on duty subject to hostile fire or

imminent danger, as defined in 37 USC § 310, other than the exceptions

noted in paragraphs (d), (e) and (f) of subdivision four of this

section, and (b) who was (i) a resident of New York state at the time of

his or her death or (ii) a nonresident of New York state at the time of

his or her death and a member of the New York Army National Guard or New

York Air National Guard at the time he or she entered title 10, United

States Code, federal active duty status during which period of service

he or she died.

4. (a) The purpose of the program is to administer and monitor a

supplemental allowance program to aid families of military personnel who

died in combat or duty subject to hostile fire or imminent danger, as

defined in 37 USC § 310, or died from a wound incurred in combat or duty

subject to hostile fire or imminent danger, as defined in 37 USC § 310,

with respect to expenses incurred in connection with the decedent's

funeral and the burial, burial receptacle, cremation, or other interment

of the decedent's remains.

(b) Eligible recipients under this program shall be those who bore the

cost of the decedent's funeral and burial, burial receptacle, cremation,

or other interment, in the following order of priority: (i) a surviving

spouse or domestic partner of the decedent; (ii) adult children of the

decedent, to include step-children and adopted children; (iii) parents

or grandparents of the decedent, and parents-in-law or

grandparents-in-law of the decedent; (iv) siblings of the decedent, to

include siblings adopted by the decedent's immediate family and siblings

with whom the decedent shares only one parent in common, and

siblings-in-law of the decedent; (v) aunts, uncles, and first cousins of

the decedent; and (vi) any other relative. Any applicant convicted of

making any false statement in the application for the reimbursement

shall be subject to the penalties prescribed in the penal law.

(c) Such burial allowance is a partial reimbursement of an eligible

decedent's funeral and burial, burial receptacle, cremation or other

interment costs. The reimbursement is generally applicable to two

components: (i) funeral expenses, and (ii) expenses arising from the

burial, burial receptacle, cremation, or other interment of the

decedent's remains. Any allowance granted by the government of the

United States, pursuant to 38 U.S.C. §§2301, 2302, 2303, 2306, 2307 and

2308 or 10 U.S.C. § 1482, or by the decedent's state of residence in the

case of an allowance eligible pursuant to subparagraph (ii) of paragraph

(b) of subdivision three of this section, shall be first applied toward

funeral and burial, burial receptacle, cremation or other interment

costs. The state may award an allowance of up to six thousand dollars to

cover any remaining expenses.

(d) The state shall not award any funds from this allowance to

reimburse any costs for the headstone, grave marker, or medallion of the

decedent.

(e) The state shall not grant supplemental burial allowance payments

for the funeral or the burial, burial receptacle, cremation, or other

interment of remains of any decedent whose relations received any

reimbursement from this allowance for any previous funeral or burial,

burial receptacle, cremation, or other interment of remains for this

same decedent.

(f) The state shall not grant supplemental burial allowance payments

for any person filing a completed application for such allowance with

the state later than: (i) two years after the applicant received final

written notice from the United States Department of Veterans Affairs

regarding an application for reimbursement of funeral or burial, burial

receptacle, cremation or other interment expenses pursuant to 38 U.S.C.

§§2301, 2302, 2303, 2306, 2307, or 2308, or 10 U.S.C. § 1482, or any

combination thereof; or (ii) two years after the expiration date of the

filing deadline to apply for reimbursement of funeral, burial, burial

receptacle, cremation or other interment expenses from the United States

Department of Veterans Affairs, as defined in 38 U.S.C. § 2304, if the

applicant never applied for reimbursement of funeral, burial, burial

receptacle, cremation or interment expenses from the United States

Department of Veterans Affairs. Any applications received subsequent to

these prescribed periods shall be denied as time-barred.

(g) Applicants shall furnish evidence of the decedent's military

service and relevant after action reports or other documents explaining

why the application meets eligibility requirements for each case in the

manner and form prescribed by the state commissioner or his or her

designee. Upon being satisfied that the facts in the application are

true, the state commissioner or his or her designee shall certify to the

state comptroller the name and address of such recipient. The decision

of the state commissioner or his or her designee on all matters

regarding any payment from this allowance shall be final.

(h) The state commissioner shall submit a report to the governor, the

chairperson of the senate finance committee, and the chairperson of the

assembly ways and means committee not later than January fifteenth of

each year in which this section is in effect. Such report shall include,

but not be limited to, regulations promulgated pursuant to this section,

allowances paid, and an account of the monies spent and the relationship

of the distributees to the decedent.

New York state veteran burial fund. 1. As used in this section,

"agent in control of the disposition of remains" means the person

responsible or designated to control the disposition of a deceased

veteran's remains as defined and outlined in section forty-two hundred

one of the public health law. The term "interment" means the disposition

of remains as defined in paragraph (g) of section fifteen hundred two of

the not-for-profit corporation law. The term "burial" shall include the

process as defined in paragraph (e) of section fifteen hundred two of

the not-for-profit corporation law.

2. As provided in subdivision nineteen of section four of this

article, there is hereby established within the department a New York

state veterans burial fund for honorably discharged members of the

uniformed services of the United States who were residents of New York

state at the time of his or her death who (i) were honorably discharged

from such service, or (ii) had a qualifying condition, as defined in

section one of this article, and received a discharge other than bad

conduct or dishonorable from such service, or (iii) were discharged LGBT

veterans, as defined in section one of this article, and received a

discharge other than bad conduct or dishonorable from such service.

(a) Eligible recipients under this program shall be those who bore the

cost of the funeral as the agent in control of the disposition of

remains. An application shall be made available to an eligible

recipient. Any applicant convicted of making any false statement in the

application for the reimbursement shall be subject to the penalties

prescribed in the penal law.

(b) Such optional burial allowance is a reimbursement of an eligible

decedent's burial and interment costs not to exceed two thousand five

hundred dollars in a New York state not-for-profit cemetery. The

reimbursement is generally available as a plot interment allowance. Any

allowance granted by the government of the United States, pursuant to 38

U.S.C. §§ 2302, 2303, 2306, 2307 and 2308 or 10 U.S.C. § 1482 shall be

first applied toward interment costs. An additional allowance of up to

the cost of the actual burial and interment as provided under

subdivision nineteen of section four of this article may be awarded to

cover any remaining expenses.

(c) Evidence of the military service of the decedent for each case

shall be furnished in the manner and form prescribed by the state

commissioner; upon being satisfied that the facts in the application are

true, the state commissioner shall certify to the state comptroller the

name and address of such agent in control of the disposition of remains

for reimbursement as provided in this section.

Time within which marriage may be solemnized; member of the

uniformed services. Notwithstanding section thirteen-b of the domestic

relations law, where either of the parties making application for a

marriage license, pursuant to section thirteen of the domestic relations

law, is a member of the uniformed services of the United States on

active duty the marriage of the parties shall not be solemnized within

twenty-four hours after the issuance of the marriage license, nor shall

it be solemnized after one hundred eighty days from the date of the

issuance of the marriage license. Proof that the applicant is a member

of the uniformed services of the United States shall be furnished to the

satisfaction of the official issuing the marriage license. Every license

to marry issued pursuant to the provisions of this section shall state

the day and hour the license is issued and shall contain a recital that

it is issued pursuant to the provisions of this section.

Use of personal confidential information obtained from veterans

or family members of veterans receiving services from the state and

political subdivisions thereof. 1. Departments, divisions, bureaus,

boards, commissions and agencies of the state and political subdivisions

thereof, which provide assistance, treatment, counseling, care,

supervision or custody in service areas involving health, mental health,

family services, criminal justice or employment shall be required to

solicit information on whether their customer or client is a veteran as

defined in section eighty-five of the civil service law or family member

of a veteran. Any new forms created after the effective date of this

section shall contain the following questions: "Have you served in the

United States military?" "Has someone in your family served in the

United States military?"

2. Individuals identifying themselves as having served in the military

or a family member shall be advised that the department of veterans'

services and local veterans service agencies established pursuant to

section seventeen of this article provide assistance to veterans

regarding benefits under federal and state law. Information regarding

veterans and military status provided by assisted persons solely to

implement this section shall be protected as personal confidential

material, and used only to assist in the diagnosis, treatment,

assessment and handling of the veteran's or family member's problems

within the agency requesting such information and in referring the

veteran or family member to the department of veterans' services for the

information and assistance with regard to benefits and entitlements

under federal and state law.

Acceptance of gifts. The department with the approval of the

governor, may accept any gift or grant for any of the purposes of this

article. Any moneys so received may be expended by the department to

effectuate any of the purposes of this article, subject to the same

limitations as to authorization, audit and approval as are prescribed

for state moneys appropriated for the purposes of this article.

State veterans' service agency. 1. A state veterans' service

agency established by the department pursuant to this article shall have

power and it shall be its duty to inform military and naval authorities

of the United States and assist members of the uniformed services and

veterans, who are residents of this state, and their families, in

relation to (1) matters pertaining to educational training and

retraining services and facilities, (2) health, medical and

rehabilitation services and facilities, (3) provisions of federal, state

and local laws and regulations affording special rights and privileges

to members of the uniformed services and veterans and their families,

(4) employment and re-employment services, including the employment of

veterans with disabilities program under section fifty-five-c of the

civil service law, and (5) other matters of similar, related or

appropriate nature. The state veterans' service agency also shall

perform such other duties as may be assigned by the state commissioner.

2. The state commissioner may, with the approval of the governor,

appoint and remove a director of the state veterans' service agency. The

state commissioner may from time to time establish, alter or abolish

state veterans' service agency districts within the state, establish or

abolish offices therefor, and appoint and at pleasure remove a deputy

director of the state veterans' service agency for each such district

office. With the approval of the state commissioner, the director of the

veterans' service agency may appoint such officers, consultants, clerks

and other employees as may be necessary to administer the functions of

the state veterans' service agency, fix their compensation within the

limitation provided by law, and prescribe their duties.

Local veterans' service agencies. 1. County veterans' service

agencies. There shall be established a county veterans' service agency

in each county not wholly included within a city, and there shall be a

county director of each county veterans' service agency. Any county

director hired after the effective date of this chapter shall be a

veteran as defined in New York state statute. The chair of the board of

supervisors of a county, with the approval of the board of supervisors,

shall appoint and may at pleasure remove a county director of the county

veterans' service agency for such county. In a county having a county

president, a county executive or other chief executive officer, such

president or executive officer shall appoint and may at pleasure remove

a county director. The county director may be paid such compensation as

shall be fixed by the appointing officer and the board of supervisors.

The county director shall appoint such assistants and employees as he or

she may deem necessary, other than those, if any, supplied by the state;

he or she may prescribe the duties of those appointed by him or her and

fix their salaries within the appropriations made available for that

purpose by the county and may at pleasure remove any such assistants or

employees. The county director shall have jurisdiction throughout the

territorial limits of the county, including any city therein which does

not have a city veterans' service agency, provided that after the

establishment of a city veterans' service agency in any such city, the

county director shall not have jurisdiction within such city.

2. City veterans' service agency. There may be established a city

veterans' service agency in each city; and there shall be a city

director of each city veterans' service agency which is established. The

mayor of such city, or the city manager in a city of less than one

hundred forty thousand population having a city manager, shall appoint

and may at pleasure remove the city director. A city director may be

paid such compensation as shall be fixed by the mayor or city manager,

as the case may be, empowered to appoint the city director, and the

governing body of the city. The city director may appoint such deputies,

assistants and employees as he or she may deem necessary other than

those, if any, supplied by the state; the director may prescribe the

duties of those appointed by him or her and fix their salaries within

the appropriations made available for that purpose by the city and may

at pleasure remove any such assistant or employee. A city director shall

have jurisdiction throughout the territorial limits of the city.

3. Accreditation. (a) Current county or city directors within three

years from the effective date of this subdivision shall take all steps

necessary to be accredited as a veterans service organization (VSO)

representative. Accreditation shall mean the authority granted by the

United States Department of Veterans Affairs to assist veterans and

their family members in the preparation, presentation, and prosecution

of claims for benefits pursuant to section 5902 of Title 38 U.S.C. and

section 14.628 of Title 38 Code of Federal Regulations. Once an

application for accreditation is approved by the General Counsel of the

United States Department of Veterans Affairs and the applicant is

notified of this action, the director of the county or city veterans

service agency shall file a copy of the accreditation certificate from

the appropriate veterans service organization with the commissioner of

the department. Such accreditation shall be maintained during the

duration of his or her status as a director of such county or city

veterans service agency. The commissioner of the department may

determine that satisfactory completion of a course or instruction on

veterans' benefits approved by the United States Department of Veterans

Affairs and conducted by the department may fulfill the requirements of

this subdivision.

(b) Any county or city director hired after the effective date of this

chapter shall take all steps necessary to be accredited as a veterans

service organization (VSO) representative within eighteen months of such

appointment. Accreditation shall mean the authority granted by the

United States Department of Veterans Affairs to assist veterans and

their family members in the preparation, presentation, and prosecution

of claims for benefits pursuant to section 5902 of Title 38 U.S.C. and

section 14.628 of Title 38 Code of Federal Regulations. Once an

application for accreditation is approved by the General Counsel of the

United States Department of Veterans Affairs and the applicant is

notified of this action, the director of the county or city veterans

service agency shall file a copy of the accreditation certificate from

the appropriate veterans service organization with the commissioner of

the department. Such accreditation shall be maintained during the

duration of his or her status as a director of such county or city

veterans service agency. The commissioner of the department may

determine that a satisfactory completion of a course of instruction on

veterans' benefits approved by the United States Department of Veterans

Affairs and conducted by the department may fulfill the requirements of

this subdivision.

(c) During the time a director is working toward accreditation

pursuant to paragraphs (a) and (b) of this subdivision, such individual

may provide services to veterans and their family members as defined in

section fifteen of this article other than the preparation,

presentation, and prosecution of claims for benefits under federal

statutes and regulations.

Powers and duties of local veterans' service agencies. 1. A

local veterans' service agency shall have power under the direction of

the state veterans' service agency, and it shall be its duty to inform

military and naval authorities of the United States and assist members

of the uniformed services and veterans, who are residents of this state,

and their families, in relation to (1) matters pertaining to educational

training and retraining services and facilities, (2) health, medical and

rehabilitation services and facilities, (3) provisions of federal, state

and local laws and regulations affording special rights and privileges

to members of the uniformed services and veterans and their families,

(4) employment and re-employment services, including the employment of

veterans with disabilities program under section fifty-five-c of the

civil service law, (5) the process of submitting an application for a

discharge upgrade to the discharge upgrade advisory board, (6) volunteer

opportunities at local volunteer fire departments or emergency services

providers to the extent such information is available, and (7) other

matters of similar, related or appropriate nature. The local veterans'

service agency may also assist families of members of the reserve

components of the uniformed services and the organized militia ordered

into active duty to ensure that they are made aware of and are receiving

all appropriate support available to them and are placed in contact with

the agencies responsible for such support, including, but not limited

to, the division of military and naval affairs and other state agencies

responsible for providing such support. The local veterans' service

agency also shall perform such other duties as may be assigned by the

state commissioner.

2. A local veterans' service agency shall utilize, so far as possible,

the services and facilities of existing officers, offices, departments,

commissions, boards, bureaus, institutions and other agencies of the

state and of the political subdivisions thereof and all such officers

and agencies shall cooperate with and extend such services and

facilities to the local veterans' service agency as it may require.

Location and cost of local veterans' service agencies; deputy

local directors. 1. A local director shall designate the location of the

local and branch offices of the local veterans' service agency within

his or her jurisdiction, which offices shall be open during convenient

hours. The cost of maintenance and operation of a county veterans'

service agency shall be a county charge and the cost of maintenance and

operation of a city veterans' service agency shall be a city charge,

excepting that the state commissioner with the approval of the veterans'

services commission shall allot and pay, from state moneys made

available to him or her for such purposes, to each county veterans'

service agency and each city veterans' service agency, an amount equal

to fifty per centum of its expenditures for maintenance and operation

approved by the state commissioner, provided that in no event shall the

amount allotted and paid for such approved expenditures incurred in any

given year exceed (1) in the case of any county veterans' service agency

in a county having a population of not more than one hundred thousand or

in the case of any city veterans' service agency in a city having a

population of not more than one hundred thousand, the sum of twenty-five

thousand dollars, nor (2) in the case of any county veterans' service

agency in a county having a population in excess of one hundred thousand

excluding the population of any city therein which has a city veterans'

service agency, the sum of twenty-five thousand dollars, and, in

addition thereto, the sum of five thousand dollars for each one hundred

thousand, or major portion thereof, of the population of the county in

excess of one hundred thousand excluding the population of any city

therein which has a city veterans' service agency, nor (3) in the case

of any city veterans' service agency in a city having a population in

excess of one hundred thousand, the sum of twenty-five thousand dollars,

and, in addition thereto, the sum of five thousand dollars for each one

hundred thousand, or major portion thereof, of the population of the

city in excess of one hundred thousand. Such population shall be

certified in the same manner as provided by section fifty-four of the

state finance law.

2. The head of a branch office of a local veterans' service agency

shall be a deputy local director of the local veterans' service agency

who shall be appointed by the local director of the county or city in

which the branch office is located with the approval of the governing

body which makes the appropriation for the maintenance of such branch

office; provided, however, that the head of a branch office of a local

veterans' service agency which operates in and for two or more adjoining

towns or adjoining villages in the same county, and hereinafter in this

article referred to as a consolidated branch office, shall be appointed

by the local director of the county in which the branch office is

located with the approval of the governing body of each town or village

which makes an appropriation for or toward the maintenance of such

branch office, and any town or village is authorized to enter into an

agreement with an adjoining town or an adjoining village in the same

county, respectively, or with two or more respective adjoining towns or

villages in the same county, providing for their joint undertaking to

appropriate and make available moneys for or toward the maintenance of

such a consolidated branch office.

Local veterans' service committees. The same authority which

appoints a local director shall appoint for each county and city

veterans' service agency a veterans' service committee to assist the

local director and shall appoint a chair thereof. Similar committees may

be appointed in each village and town where there is a deputy local

director by the mayor of such village and the supervisor of such town in

which the branch office of the deputy local director is located or in

which it operates. A similar committee may also be appointed in any city

in and for which there is not established a separate city veterans'

service agency, and in and for which there is a deputy local director

and a branch office of the county veterans' service agency; and such

appointment in any case shall be made by the city official authorized to

appoint a city director in the case of a separate city veterans' service

agency.

Appropriations for expenses and activities of local veterans'

service agencies. Each county and each city of the state in which is

established a county veterans' service agency or a city veterans'

service agency, as the case may be, is hereby authorized to appropriate

and make available to the veterans' service agency of such respective

county or city, such sums of money as it may deem necessary to defray

the expenses and activities of such agency, and the expenses and

activities of such agencies are hereby declared to be proper county and

city purposes for which the moneys of the county or city may be

expended. Each city in and for which there is not established a separate

city veterans' service agency, and each village and town of the state is

hereby authorized to appropriate and make available to the deputy local

director heading the branch office in and for such city, village or

town, if any, of the county veterans' service agency having jurisdiction

within such city, village or town, such sums of money as it may deem

necessary to defray the salary, expenses and activities of the deputy

local director heading such branch office in and for such city, village

or town and his or her office, including the salaries of persons

employed in such office, and such salaries, expenses and activities are

hereby declared to be proper city, village and town purposes for which

the moneys of such cities, villages and towns may be expended. Each

village and town is also authorized to appropriate and make available to

the deputy local director heading the consolidated branch office, if

any, for such village or town and any adjoining village or villages, or

town or towns, as the case may be, of the county veterans' service

agency having jurisdiction within such village or town, such sums of

money as it may determine to defray in part the salary, expenses and

activities of the deputy local director heading such consolidated branch

office for such village or town and any adjoining village or villages or

town or towns, as the case may be, including the salaries of persons

employed in such consolidated branch office, and such salaries, expenses

and activities are hereby declared to be proper village and town

purposes for which the moneys of such villages and towns may be

expended.

Women veterans coordinator. 1. Definitions. (a) "Veteran" shall

have the same meaning as defined in section one of this article.

(b) "Department" shall mean the state department of veterans'

services.

(c) "Women veterans coordinator" shall be a veteran.

2. Such women veterans coordinator shall be appointed by the

commissioner.

3. Establishment of women veterans coordinator. There is hereby

established within the department, a "women veterans coordinator" who

shall work under the direction of the commissioner and whose duties

shall include, but not be limited to, the:

(a) identification, development, planning, organization and

coordination of all statewide programs and services to meet the needs of

women veterans;

(b) recommendation to the commissioner to ensure compliance with all

existing department policies and regulations pertaining to the needs of

women veterans on the state and federal level and make recommendations

regarding the improvement of benefits and services to women veterans;

(c) liaison between the department, the United States Department of

Veterans Affairs center for women veterans, the United States Department

of Veterans Affairs Advisory Committee on Women Veterans, state veterans

nursing homes, state agencies, community groups, advocates and other

veterans and military organizations and interested parties and, as it

pertains to the veteran maternity care program established pursuant to

section twenty-nine-c of this article, the commissioners of health and

mental health, hospitals, federal, state, and local health officials,

obstetricians, midwives, pediatricians, veterans and veterans advocates;

(d) advocating for all women veterans in the state;

(e) development and maintenance of a clearinghouse for information and

resources for women veterans;

(f) promote events and activities that recognize, educate and honor

women veterans, including but not limited to seminars required under

subdivision six of section four of this article, veteran human rights

conferences, veterans benefits and resources events, and veterans

cultural competence training;

(g) inclusion of the contributions women veterans have made on behalf

of the United States and this state on the department's official

website;

(h) preparation of reports on topics including, but not limited to,

the demographics of women veterans, the number of women veterans listed

by county, and the unique needs of the women veterans population, to the

extent such information is available, to the commissioner on the status

of women veterans within New York state;

(i) development and implementation of a maternity care program, in

consultation with the United States Department of Veterans Affairs, the

department of health and the office of mental health, to improve the

capacity of maternity care providers to address the unique needs of

pregnant and postpartum veterans, particularly regarding mental and

behavioral health conditions; and

(j) conspicuously posting on the department's website a link to the

federal women veterans call center number 1-855-VA-WOMEN.

4. Reports. The women veterans coordinator shall submit a report to

the commissioner each year after the effective date of this section.

Such report shall include, but not be limited to, a description of the

women veterans coordinator's activities for the calendar year and the

programs developed pursuant to the provisions of this section. The

commissioner shall submit the report or a synopsis of the report to the

governor in accordance with the provisions of section four of this

article.

Women veterans advisory committee. 1. The women veterans

advisory committee is hereby created consisting of twelve members, with

members appointed as follows: (a) six members by the governor; (b) two

members by the temporary president of the senate; (c) two members by the

speaker of the assembly; and (d) one member each by the minority leader

of the senate and the minority leader of the assembly. All appointed

members must be women, and veterans who served in the United States

uniformed services including members of the reserve component. Each

veteran shall have received an honorable discharge or have a qualifying

condition as defined in section one of this article.

2. In making appointments pursuant to subdivision one of this section,

the following shall be considered:

(a) whether the appointments provide a geographical balance between

the urban and rural areas of this state and represent the cultural

diversity of this state; and

(b) the level of activity of the woman in the veteran community.

3. The committee shall elect a chair from among its members.

4. Each member of the committee shall serve a term of four years.

5. A vacancy on the committee shall be filled for the remainder of the

unexpired term in the same manner as the original appointment.

6. The committee shall meet at least four times per year at the call

of the chair.

7. A majority of the members of the committee appointed constitutes a

quorum.

8. Each member of the committee:

(a) serves without compensation, except that a member of the committee

who is a state officer or employee may receive her regular compensation

while engaging in the business of the committee; and

(b) shall be entitled to receive reimbursement for any actual,

necessary expenses incurred in the course of performing business for the

committee.

9. The committee shall:

(a) support and assist the department of veterans' services and the

women veterans coordinator pursuant to section nineteen of this article

in:

(i) locating, educating and advocating for all women veterans in this

state;

(ii) identifying the unique needs of women veterans;

(iii) conducting outreach and education through various means,

including, without limitation, the organization of statewide women

veterans events, the promotion of benefits and health care for women

veterans and the development of programs that inform students, business

leaders and educators about the important role women play in the

uniformed services of the United States;

(iv) educating women veterans as to benefits and programs that are

available to them;

(v) at least annually, making such recommendations as may be deemed

necessary or advisable to the governor, the state legislature, the

commissioner of the department of veterans' services and such other

offices of this state as may be appropriate;

(vi) making information available regarding job and career

opportunities;

(vii) providing outreach regarding available resources for veterans

with a qualifying condition as defined in section one of this article;

and

(viii) advocating on behalf of women veterans to ensure that the

programs and policies of this state and of the United States department

of veterans' affairs remain open to women and mindful of the elements of

the experience of a veteran that are unique to women.

(b) submit a report on or before February fifteenth of each year,

outlining the activities of the committee during the preceding calendar

year and any recommendations of the committee to the governor and

legislature. The report must include, without limitation, information

pertaining to:

(i) the demographics of women veterans;

(ii) the current contributions that women veterans have made on behalf

of the United States and this state;

(iii) the unique needs of the population of women veterans;

(iv) recommendations regarding what steps should be taken to reduce

misinformation and improve support for programs for women veterans; and

(v) outreach activities undertaken by the committee.

10. The department of veterans' services shall help support the

committee's activities.

Creation of annuity. 1. Payment to veterans. a. Any veteran as

defined in this article who has been or is hereafter classified by the

New York State commission for the visually handicapped as a blind person

as defined in section three of chapter four hundred fifteen of the laws

of nineteen hundred thirteen, as amended, and continues to be a blind

person within the meaning of that section, shall, upon application to

the commissioner of the department of veterans' services, be paid out of

the treasury of the state for such term as such veteran shall be

entitled thereto under the provisions of this article, the sum of one

thousand dollars annually, plus any applicable annual adjustment, as

provided in this section.

b. The entitlement of any veteran to receive the annuity herein

provided shall terminate upon his or her ceasing to continue to be a

resident of and domiciled in the state, but such entitlement may be

reinstated upon application to the commissioner of veterans' services,

if such veteran shall thereafter resume his or her residence and

domicile in the state.

c. The effective date of an award of the annuity to a veteran shall be

the date of receipt of the application therefor by the commissioner of

veterans' services, except that if the application is denied but is

granted at a later date upon an application for reconsideration based

upon new evidence, the effective date of the award of the annuity to a

veteran shall be the date of receipt of the application for

reconsideration by the commissioner of veterans' services.

2. Payment to widows and widowers of blind veterans. a. The

unremarried spouse of a veteran who heretofore has died or the

unremarried spouse of a veteran dying hereafter, such veteran being at

the time of her or his death a recipient of, or eligible for, the

benefits above provided, shall, upon application to the commissioner of

veterans' services, also be paid out of the treasury of the state the

sum of one thousand dollars annually, plus any applicable annual

adjustment, for such term as such unremarried spouse shall be entitled

thereto under the provisions of this article.

b. The entitlement of any widow or widower to receive the annuity

herein provided shall terminate upon her or his death or re-marriage or

upon her or his ceasing to continue to be a resident of and domiciled in

the state of New York, but such entitlement may be reinstated upon

application to the commissioner of veterans' services, if such widow or

widower shall thereafter resume her or his residence and domicile in the

state.

c. The effective date of an award of the annuity to a widow or widower

shall be the day after the date of death of the veteran if the

application therefor is received within one year from such date of

death. If the application is received after the expiration of the first

year following the date of the death of the veteran, the effective date

of an award of the annuity to a widow or widower shall be the date of

receipt of the application by the commissioner of veterans' services. If

an application is denied but is granted at a later date upon an

application for reconsideration based upon new evidence, the effective

date of the award of the annuity to a widow or widower shall be the date

of receipt of the application for reconsideration by the commissioner of

veterans' services.

3. Annual adjustment. Commencing in the year two thousand five, and

for each year thereafter, the amount of any annuity payable under this

section shall be the same amount as the annuity payable in the preceding

year plus a percentage adjustment equal to the annual percentage

increase, if any, for compensation and pension benefits administered by

the United States Department of Veterans' Affairs in the previous year.

Such percentage increase shall be rounded up to the next highest

one-tenth of one percent and shall not be less than one percent nor more

than four percent. Commencing in the year two thousand five, the

commissioner of veterans' services, not later than February first of

each year, shall publish by any reasonable means the amount of the

annuity as adjusted payable under this section.

Evidence of entitlement. 1. The evidence of such service,

blindness, residence and domicile, or of such marriage, widowhood,

residence and domicile in each case shall be furnished in the manner and

form prescribed by the commissioner of veterans' services who shall

examine the same.

2. Upon being satisfied that such service was performed, that other

facts and statements in the application of such veteran or widow or

widower are true and that the said veteran has been classified by the

New York state commission for the visually handicapped as a blind

person, where such veteran is not receiving or not entitled to receive a

benefit from any existing retirement system to which the state is a

contributor, unless such veteran shall have become disabled by reason of

loss of sight, while engaged in employment entitling him or her to

receive a benefit from any existing retirement system to which the state

is a contributor, and as a result of such disability has retired from

such employment and is receiving or is entitled to receive a benefit

from such retirement system the commissioner of veterans' services shall

certify to the state comptroller the name and address of such veteran or

widow or widower.

3. Thereafter the department of taxation and finance, through the

division of finance, on the audit and warrant of the comptroller, shall

pay such veteran or widow or widower such sum as is authorized by the

provisions of this article in monthly installments for so long as such

veteran or widow or widower shall meet the requirements of this article.

Persons who may receive annuity. 1. a. The word "veteran" means

a veteran as defined in section one of this article who is a resident,

and who (i) has been or may be released from such service under other

than dishonorable conditions, or (ii) has a qualifying condition, as

defined in section one of this article, and has received a discharge

other than bad conduct or dishonorable from such service, or (iii) is a

discharged LGBT veteran, as defined in section one of this article, and

has received a discharge other than bad conduct or dishonorable from

such service, and who (iv) was a recipient of the armed forces

expeditionary medal, the navy expeditionary medal or the marine corps

expeditionary medal for participation in operations in Lebanon from June

first, nineteen hundred eighty-three to December first, nineteen hundred

eighty-seven, in Grenada from October twenty-third, nineteen hundred

eighty-three to November twenty-first, nineteen hundred eighty-three, or

in Panama from December twentieth, nineteen hundred eighty-nine to

January thirty-first, nineteen hundred ninety, or (v) served on active

duty for ninety days or more in the uniformed services of the United

States during any one of the following wars or hostilities:

(1) in the Spanish-American war from the twenty-first day of April,

eighteen hundred ninety-eight to the eleventh day of April, eighteen

hundred ninety-nine, inclusive;

(2) in the Philippine insurrection or the China relief expedition from

the eleventh day of April, eighteen hundred ninety-nine to the fourth

day of July, nineteen hundred two, inclusive;

(3) in the Mexican border campaign from the ninth day of May, nineteen

hundred sixteen, to the fifth day of April, nineteen hundred seventeen,

inclusive;

(4) in World War I from the sixth day of April, nineteen hundred

seventeen to the eleventh day of November, nineteen hundred eighteen,

inclusive;

(5) in World War II from the seventh day of December, nineteen hundred

forty-one to the thirty-first day of December, nineteen hundred

forty-six, inclusive, or who was employed by the War Shipping

Administration or Office of Defense Transportation or their agents as a

merchant seaman documented by the United States Coast Guard or

Department of Commerce, or as a civil servant employed by the United

States Army Transport Service (later redesignated as the United States

Army Transportation Corps, Water Division) or the Naval Transportation

Service; and who served satisfactorily as a crew member during the

period of armed conflict, December seventh, nineteen hundred forty-one,

to August fifteenth, nineteen hundred forty-five, aboard merchant

vessels in oceangoing, i.e., foreign, intercoastal, or coastwise service

as such terms are defined under federal law (46 USCA 10301 & 10501) and

further to include "near foreign" voyages between the United States and

Canada, Mexico, or the West Indies via ocean routes, or public vessels

in oceangoing service or foreign waters and who has received a

Certificate of Release or Discharge from Active Duty and a discharge

certificate, or an Honorable Service Certificate/Report of Casualty,

from the Department of Defense, or who served as a United States

civilian employed by the American Field Service and served overseas

under United States Armies and United States Army Groups in World War II

during the period of armed conflict, December seventh, nineteen hundred

forty-one through May eighth, nineteen hundred forty-five, and who (i)

was discharged or released therefrom under honorable conditions, or (ii)

has a qualifying condition, as defined in section one of this article,

and has received a discharge other than bad conduct or dishonorable from

such service, or (iii) is a discharged LGBT veteran, as defined in

section one of this article, and has received a discharge other than bad

conduct or dishonorable from such service, or who served as a United

States civilian Flight Crew and Aviation Ground Support Employee of Pan

American World Airways or one of its subsidiaries or its affiliates and

served overseas as a result of Pan American's contract with Air

Transport Command or Naval Air Transport Service during the period of

armed conflict, December fourteenth, nineteen hundred forty-one through

August fourteenth, nineteen hundred forty-five, and who (iv) was

discharged or released therefrom under honorable conditions, or (v) has

a qualifying condition, as defined in section one of this article, and

has received a discharge other than bad conduct or dishonorable from

such service, or (vi) is a discharged LGBT veteran, as defined in

section one of this article, and has received a discharge other than bad

conduct or dishonorable from such service;

(6) in the Korean hostilities from the twenty-seventh day of June,

nineteen hundred fifty to the thirty-first day of January, nineteen

hundred fifty-five, inclusive;

(7) in the Vietnam conflict from the first day of November, nineteen

hundred fifty-five to the seventh day of May, nineteen hundred

seventy-five;

(8) in the Persian Gulf conflict from the second day of August,

nineteen hundred ninety to the end of such conflict.

b. The word "veteran" shall also mean any person who meets the other

requirements of paragraph a of this subdivision, who served on active

duty for less than ninety days, if he or she was discharged or released

from such service for a service-connected disability or who served for a

period of ninety consecutive days or more and such period began or ended

during any war or period of hostilities as defined in paragraph a of

this subdivision.

c. The term "active duty" as used in this article shall mean full time

duty in the uniformed services, other than active duty for training;

provided, however, that "active duty" shall also include any period of

active duty for training during which the individual concerned was

disabled or died from a disease or injury incurred or aggravated during

such period.

2. No annuity shall be paid under this article to or for a person who

is in prison in a federal, state or local penal institution as a result

of conviction of a felony or misdemeanor for any part of the period

beginning sixty-one days after his or her imprisonment begins and ending

when his or her imprisonment ends.

3. Where any veteran is disqualified for the annuity for any period

solely by reason of the provisions of subdivision two of this section,

the commissioner of veterans' services shall pay to his or her spouse,

if any, the annuity which such veteran would receive for that period but

for said subdivision two.

4. In case an unmarried, divorced or widowed veteran or a widow of a

deceased annuitant is being furnished hospital treatment, institutional

or domiciliary care by the United States or the state, the annuity

payable under this article to such veteran or widow or widower may be

discontinued after the first day of the seventh calendar month following

the month of admission of such veteran or widow for treatment or care.

Payment of such annuity shall be resumed if such veteran or widow or

widower is discharged from the hospital, institution or home, or if his

or her treatment or care therein is otherwise terminated.

5. Where payment of the annuity as hereinbefore authorized is to be

made to a mentally incompetent person or a conservatee, such payment may

be authorized by the commissioner of veterans' services of the state to

be paid only to a duly qualified court-appointed committee or

conservator, legally vested with the care of such incompetent's person

or property or of such conservatee's property, except that in the case

of an incompetent annuitant for whom a committee has not been appointed

or a person under a substantial impairment for whom a conservator has

not been appointed and who is hospitalized in a United States veterans

health administration hospital or in a hospital under the jurisdiction

of the state of New York, the commissioner of veterans' services of the

state may in his or her discretion certify payment of the annuity, as

hereinbefore authorized, to the manager of such United States veterans

health administration hospital or to the commissioner of such state

hospital for the account of the said incompetent or substantially

impaired annuitant.

New York state veterans' cemeteries. 1. Legislative intent. The

legislature finds and determines that the devoted service and sacrifice

of veterans deserve important, unique and eternal recognition by the

state of New York. That it is by means of the devoted service and

sacrifice of veterans that the liberty, freedom and prosperity enjoyed

by all New Yorkers is maintained and preserved.

The legislature further finds and determines that to provide this

important, unique and eternal recognition, the state shall establish a

program of New York state veterans' cemeteries in New York. Such program

shall provide for the construction, establishment, expansion,

improvement, support, operation, maintenance and the provision of

perpetual care for state veterans' cemeteries in this state, and thereby

for the memorialization and remembrance of individual veterans and their

service to their community, state and nation.

The legislature additionally finds and determines that it is therefore

necessary to provide for the construction and establishment of one or

more New York state veterans' cemeteries, and that to thereafter,

provide for the expansion, improvement, support, operation, maintenance

and the provision of perpetual care of all such cemeteries so

constructed and established. The legislature also finds and determines

that it is appropriate to have the responsibility for the construction,

establishment, expansion, improvement, support, operation, maintenance

and the provision of perpetual care for veterans' cemeteries in this

state, to be under the oversight and direction of the state department

of veterans' services, and its commissioner, individually, and as chair

of the management board, for each such veterans' cemetery so constructed

and established.

2. The establishment of the first New York state veterans' cemetery.

(a) The commissioner shall issue, on behalf of the department, a public

request for information for any local government desiring to have the

first state veterans' cemetery located within its political subdivision.

Such request shall specify the type of information to be provided,

including, at a minimum, a detailed map of the site including potential

transportation routes, the history of the site, the types of burials the

site could accommodate, and the estimated number of veterans within a

seventy-five mile radius of the site. Such requests for information

shall be returnable to the department by no later than sixty days

following the issuance of the requests for information. Requests for

information issued by and returned to the department shall be publicly

available and posted on the department's website.

(a-1) Following the deadline for the return of requests for

information pursuant to paragraph (a) of this subdivision, the

department, in cooperation with the United States Department of Veterans

Affairs, and in consultation with, and upon the support of the

department of state division of cemeteries, is hereby directed to

conduct an investigation and study on the issue of the construction and

establishment of the first New York state veterans' cemetery. Such

investigation and study shall include, but not be limited to:

(i) Potential site locations for such cemetery, with full

consideration as to the needs of the veterans population; only locations

within local governments that have submitted a request for information

pursuant to paragraph (a) of this subdivision shall be considered and

each such submission shall be considered;

(ii) The size of the cemetery and types of grave sites;

(iii) The number of annual interments at the cemetery;

(iv) Transportation accessibility to the cemetery by veterans, their

families and the general public;

(v) Costs for construction of the cemetery;

(vi) Costs of operation of the cemetery, including but not limited to

staffing costs to maintain the cemetery;

(vii) Scalability of the cemetery for future growth and expansion;

(viii) Potential for funding for the cemetery from federal, local and

private sources;

(ix) Cost of maintenance;

(x) Data on the population that would be served by the site;

(xi) The average age of the population in the area covered;

(xii) The mortality rate of the veteran population for the area;

(xiii) Surrounding land use;

(xiv) Topography of the land;

(xv) Site characteristics;

(xvi) Cost of land acquisition;

(xvii) The location of existing cemeteries including but not limited

to national veterans' cemeteries, county veterans' cemeteries,

cemeteries that have plots devoted to veterans, not-for-profit

cemeteries and any other burial ground devoted to veterans and any other

type of burial grounds devoted to the interment of human remains that is

of public record; and

(xviii) Such other and further items as the commissioner of the

department deems necessary for the first state veterans' cemetery to be

successful.

A report of the investigation and study conclusions shall be delivered

to the governor, the temporary president of the senate, the speaker of

the assembly and the chair of the senate committee on veterans, homeland

security and military affairs, and the chair of the assembly committee

on veterans' affairs by no later than one hundred eighty days after the

department has commenced the conduct of the investigation and study.

(a-2) Upon the completion of the investigation and study, the results

shall be provided to the selection committee. The selection committee

shall consist of nine members as follows:

(i) The commissioner of the department of veterans' services, or his

or her representative;

(ii) The director of the division of the budget, or his or her

representative;

(iii) Three members appointed by the governor, two of whom shall be

veterans;

(iv) Two members appointed by the temporary president of the senate,

at least one of whom shall be a veteran; and

(v) Two members appointed by the speaker of the assembly, at least one

of whom shall be a veteran.

(a-3) The selection committee shall be subject to articles six and

seven of the public officers law. The selection committee shall evaluate

the results of the study and, upon a majority vote, make a determination

as to the location of the first state veterans' cemetery. In making this

determination, the committee's consideration shall, at a minimum,

include:

(i) The findings established by the study;

(ii) The submitted responses to the requests for information issued

pursuant to paragraph (a) of this subdivision;

(iii) The guidelines for receipt of federal funding specified in 38

USC 2408, 38 CFR 39, and any other relevant federal statute or

regulation;

(iv) The possibility of funding from private individuals,

corporations, or foundations; and

(v) Any other consideration that would facilitate the successful

operation of the first state veterans' cemetery.

(b) The commissioner of the department, the commissioner of the office

of general services, and the chair of the division of cemeteries shall

determine the amount of money necessary to fund the non-reimbursable

costs of a state veterans' cemetery, such as operation and maintenance,

for a period of not less than ten years, provided that such amount shall

not include monies that would be recoverable by the cemetery pursuant to

a charge of fee for the provision of a gravesite for a non-veteran

spouse or eligible dependent. Prior to submitting any application for

funding from the government of the United States in accordance with the

grant requirements specified in 38 USC 2408, 38 CFR 30, and other

relevant federal statutes or regulations, for the purpose of seeking

funds to support the construction, establishment, expansion,

improvement, support, operation or maintenance of New York state's

veterans' cemeteries, the director of the division of the budget and the

office of the state comptroller must certify to the governor, the

temporary president of the senate, the speaker of the assembly, the

chair of the senate finance committee and the chair of the assembly ways

and means committee that there are sufficient funds to cover such

amount; provided further that such moneys may include the veterans

remembrance and cemetery maintenance and operation fund created pursuant

to section ninety-seven-mmmm of the state finance law. In making such a

certification, the director of the division of the budget and the office

of the state comptroller shall consider, but are not limited to, the

following factors:

(i) physical attributes of the veterans cemetery, including size,

location, and terrain;

(ii) staffing costs, cost of equipment and equipment maintenance, and

security costs;

(iii) relevant state and federal requirements and specifications for

interment and perpetual care;

(iv) estimates provided by the United States Department of Veterans

Affairs;

(v) any other non-reimbursable fiscal cost, charge or assessment that

would be incurred by the cemetery.

(c) Once the certification that there are sufficient funds pursuant to

paragraph (b) of this subdivision has been made, and no later than

thirty days following the selection of the site pursuant to paragraph

(a-3) of this subdivision, the commissioner, in consultation with the

management board of the first New York state veterans' cemetery, shall

commence the application process for funding from the government of the

United States, in accordance with the grant requirements specified in

section 2408 of title 38 of the United States code, part 39 of title 38

of the code of federal regulations, and any other relevant federal

statute or regulation, for the purpose of seeking funds to support the

construction, establishment, expansion, improvement, support, operation,

maintenance and the provision of perpetual care of New York state's

first veterans' cemetery. Such grant application shall be based on a

site selected pursuant to paragraph (a-3) of this subdivision, and shall

be consistent with the guidelines for receipt of federal funding

pursuant to the relevant provisions of federal law.

(d) A management board for the first New York state veterans' cemetery

shall be appointed pursuant to subdivision three of this section.

(e) The commissioner shall promulgate rules and regulations governing:

(i) The guidelines and standards for the construction, establishment,

expansion, improvement, support, operation, maintenance and the

provision of perpetual care for a state veterans' cemetery. Such

guidelines shall include, but not be limited to:

(1) The size and terrain of the cemetery;

(2) The management and operation of the cemetery, including but not

limited to:

(A) Hours of operation;

(B) Employees, employee relations, and employee duties;

(C) The conduct and practice of events, ceremonies and programs;

(D) The filing and compliance of the cemetery with state and federal

regulators; and

(E) Such other and further operational and management practices and

procedures as the commissioner shall determine to be necessary for the

successful operation of a state veterans' cemetery.

(3) The layout of plots;

(4) The locations of building and infrastructure, including but not

limited to:

(A) Electrical lines and facilities;

(B) Waterlines, irrigation systems, and drainage facilities;

(C) Trees, flowers and other plantings;

(D) Non gravesite memorials, gravesite memorials, mausoleums,

columbarium niches, headstones, grave markers, indoor interment

facilities, committal-service shelters, signage, flag poles, and other

memorial gathering spaces or infrastructure;

(E) Roadways, pedestrian pathways, parking sites, curbs and curb cuts;

(F) Ponds, lakes and other water sites;

(G) Retaining walls, gates, fences, security systems or other devices

for cemetery protection; and

(H) Any other buildings, structures or infrastructure necessary for

the safe, efficient and effective operation of the cemetery;

(5) The qualifications for interment, consistent with the provisions

of state and federal law and any requirements pursuant to the receipt of

federal, state, local or private funds;

(6) The location and placement of interments;

(7) Consistent with the provisions of state and federal law and any

requirements pursuant to the receipt of federal, state, local or private

funds, the financial management of the cemetery, including but not

limited to:

(A) The procedures for the protection and implementation of the

cemetery's annual budget;

(B) The seeking, collecting, deposit and expenditure of operating

funds pursuant to the cemetery's budget;

(C) The seeking, collecting, deposit and expenditure of capital funds

pursuant to the cemetery's capital plan;

(D) The seeking, collecting, deposit and expenditure of emergency

funds to address an unexpected event;

(E) The assessment, charging, collection and deposit of fees and

charges;

(F) The management of cemetery finances, both current and future, with

respect to investments; and

(G) Such other and further procedures and activities concerning the

financial management of the cemetery;

(8) The provision of perpetual care for the cemetery, including but

not limited to:

(A) The frequency, standards and methods for the beautification and

maintenance of grounds, memorials, gravesites, buildings, ceremonial

sites, or other locations within, or upon the curtilage of the cemetery;

(B) The frequency, standards and methods for the provision of flags,

patriotic and military symbols, and other honorary items, at each

gravesite and throughout the cemetery; and

(C) Such other and further standards as are necessary to assure the

proper perpetual care of the cemetery in a manner befitting the highest

level of honor and respect deserving to those veterans and their

families interred in the cemetery;

(9) Guidelines and standards for the procurement of land for the

cemetery providing that the state veterans' cemetery, and all the

property upon which it resides shall be owned in fee simple absolute by

the state of New York;

(10) Guidelines and standards for the practices and procedures for the

construction and establishment of a state veterans' cemetery, including

contracting and purchasing for construction services, professional

services, legal services, architectural services, consulting services,

as well as the procurement of materials, all consistent with the

relevant provisions of federal, state and local law, the regulations

promulgated thereunder, and the requirements contained in the grants

awarded or pursued from the federal government, or any source of private

funding;

(11) Guidelines and standards for the practices and procedures for the

expansion and improvement of a state veterans' cemetery, including

contracting and purchasing for construction services, professional

services, legal services, architectural services, consulting services,

as well as the procurement of materials, all consistent with the

relevant provisions of federal, state and local law, the regulations

promulgated thereunder, and the requirements contained in the grants

awarded or pursued from the federal government, or any source of private

funding;

(12) Any other guidelines and standards that would facilitate the

successful construction, establishment, expansion, improvement, support,

operation, maintenance and the provision of perpetual care for the state

veterans' cemetery;

(ii) Guidelines and standards for any local government desiring to

have the first state veterans' cemetery located within its political

subdivision, including, but not limited to:

(1) The requirement that the local government will comply with all

state and federal statutes and regulations concerning the construction,

establishment, expansion, improvement, support, operation, maintenance

and the provision of perpetual care of the state veterans' cemetery, and

shall satisfy any and all applicable state and federal standards and

requirements for the perpetual care of the state veterans' cemetery;

(2) That the state veterans' cemetery, and all the property upon which

it resides shall be owned in fee simple absolute by the state of New

York;

(3) That all lands upon which such cemetery is constructed and

established shall be used solely for state veterans' cemetery purposes,

and for the purpose of providing the honor and remembrance of veterans

and their service through ceremonies and programs;

(4) Such other and further requirements as the commissioner may deem

prudent in the facilitation of the successful siting and operation of a

state veterans' cemetery in the jurisdiction of the local government;

and

(iii) Such other and further guidelines and standards as are necessary

for the successful construction, establishment, expansion, improvement,

support, operation, maintenance and the provision of perpetual care for

a state veterans' cemetery.

(f) Upon the approval of the application for funding from the

government of the United States, made pursuant to paragraph (c) of this

subdivision, the commissioner, upon consultation with the management

board, shall commence the process of construction and establishment of

the first state veterans' cemetery. Such process shall be consistent

with the relevant provisions of local, state and federal law, and the

rules and regulations established pursuant to paragraph (e) of this

subdivision.

3. Management boards of New York state veterans' cemeteries. (a) For

each New York state veterans' cemetery there shall be a management

board. Each such management board shall consist of nine members,

including the commissioner of the department who shall serve as chair,

and four members, appointed by the governor. Of such four members, not

fewer than two shall be a veteran of the United States as defined in

section one of this article or a member of the New York army national

guard or the New York air national guard, or the New York naval militia.

Two members shall be appointed by the temporary president of the senate,

and two members shall be appointed by the speaker of the state assembly.

At least one of the members appointed by the temporary president of the

senate and at least one of the members appointed by the speaker of the

assembly shall be a veteran of the United States as defined in section

one of this article or a member of the New York army national guard or

the New York air national guard, or the New York naval militia. No

member shall receive any compensation for his or her service, but

members who are not state officials may be reimbursed for their actual

and necessary expenses, including travel expenses incurred in

performance of their duties. The management board may consult with any

federal, state or local entity for the purposes of advancing its

purposes, mission and duties.

(b) The management board shall advise, by majority vote, the

commissioner on issues concerning the construction, establishment,

expansion, improvement, support, operation, maintenance and the

provision of perpetual care for the veterans' cemetery, including but

not limited to issues of financial concern, employment relations,

cemetery policy, cemetery events and programs, and such other and

further issues as the board and commissioner shall deem important.

4. Additional state veterans' cemeteries. (a) Not later than ten years

after the construction and establishment of the first New York state

veterans' cemetery, and every ten years thereafter, the department, in

cooperation with the United States Department of Veterans Affairs, shall

conduct an investigation and study on the issue of the construction and

establishment of additional New York state veterans' cemeteries. Such

investigation and study shall consider, but not be limited to, the study

parameters established pursuant to paragraph (a) of subdivision two of

this section. A report of the investigation and study required to be

conducted pursuant to this subdivision shall be delivered to the

governor, the temporary president of the senate, the speaker of the

assembly and the chair of the senate committee on veterans, homeland

security and military affairs, and the chair of the assembly committee

on veterans' affairs, by no later than ninety days after the department

has commenced the conduct of the investigation and study;

(b) The report of the investigation and study required to be conducted

pursuant to this subdivision shall provide a determination by the

director as to whether the state should construct and establish one or

more additional veterans' cemeteries, and shall state the reasoning and

basis for such determination; and

(c) The department may, at the discretion of the commissioner, at any

time after five years from the completion of construction of the most

recently constructed and established state veterans' cemetery, in

cooperation with the United States Department of Veterans Affairs,

conduct an investigation and study on the issue of the construction and

establishment of additional New York state veterans' cemeteries. A

report of the investigation and study required to be conducted shall be

delivered to the governor, the temporary president of the senate, the

speaker of the assembly and the chair of the senate committee on

veterans, homeland security and military affairs, and the chair of the

assembly committee on veterans' affairs, by no later than ninety days

after the department has commenced the conduct of the investigation and

study.

(d) If the commissioner, pursuant to the investigation and study

conducted pursuant to this subdivision, determines that there shall be

an additional state veterans' cemetery in New York state, the

commissioner shall provide for the construction and establishment of

such new veterans' cemetery pursuant to the same guidelines and

standards for the construction and establishment of the first state

veterans' cemetery under this section.

5. Expansion and improvement of existing state veterans' cemeteries.

The commissioner, in consultation with the management board of a state

veterans' cemetery, may provide for the expansion and/or improvement of

the cemetery. Such expansion and improvement shall be conducted in

accordance with the rules and regulations of the department under

paragraph (e) of subdivision two of this section.

Veterans health screening. 1. As used in this section: a.

"Eligible member" means a member of the New York army national guard or

the New York air national guard who served in the Persian Gulf War, as

defined in 38 USC 101, or in an area designated as a combat zone by the

president of the United States during Operation Enduring Freedom or

Operation Iraqi Freedom;

b. "Veteran" means a person as defined in section one of this article

who is a resident of the state;

c. "Military physician" includes a physician who is under contract

with the United States department of defense to provide physician

services to members of the uniformed services; and

d. "Depleted uranium" means uranium containing less uranium-235 than

the naturally occurring distribution of uranium isotopes.

2. On and after February first, two thousand seven, the adjutant

general and the state commissioner shall assist any eligible member or

veteran who has been experiencing health problems. Such problems may

include exposure to toxic materials or harmful physical agents such as

depleted uranium. An eligible member or veteran who has been assigned a

risk level I, II or III for depleted uranium exposure by his or her

branch of service, is referred by a military physician, or has reason to

believe that he or she was exposed to toxic materials or harmful

physical agents such as depleted uranium during such service, in

obtaining federal treatment services. Such treatment shall include, but

not be limited to, a best practice health screening test for exposure to

depleted uranium using a bioassay procedure involving sensitive methods

capable of detecting depleted uranium at low levels and the use of

equipment with the capacity to discriminate between different

radioisotopes in naturally occurring levels of uranium and the

characteristic ratio and marker for depleted uranium. As more scientific

reliable tests become available such test shall be included in the

treatment protocol. No state funds shall be used to pay for such tests

or such other federal treatment services.

3. On or before February first, two thousand seven, the adjutant

general shall submit a report to the chair of the senate veterans,

homeland security and military affairs committee and the chair of the

assembly veterans' affairs committee on the scope and adequacy of

training received by members of the New York army national guard and the

New York air national guard on detecting whether their service as

eligible members is likely to entail, or to have entailed, exposure to

toxic materials or harmful physical agents such as depleted uranium. The

report shall include an assessment of the feasibility and cost of adding

predeployment training concerning potential exposure to depleted uranium

and other toxic chemical substances and the precautions recommended

under combat and noncombat conditions while in a combat theater or

combat zone of operations.

Payment to immediate family members of veterans. 1. Annuity

established. (a) (i) A parent, spouse, or minor child identified in 10

USC 1126 as a gold star parent, spouse, or minor child; or (ii) a

parent, spouse, or minor child of a veteran who died while on active

duty, shall upon application to the state commissioner, be paid an

annual annuity out of the treasury of the state for the sum of five

hundred dollars for such term as such parent, spouse, or minor child

shall be entitled thereto under the provisions of this article.

Commencing in the year two thousand nineteen, the amount of any annuity

payable under this section shall be the same amount as the annuity

payable in the preceding year plus a percentage adjustment equal to the

annual percentage increase, if any, for compensation and pension

benefits administered by the United States Department of Veterans

Affairs in the previous year. Such percentage increase shall be rounded

up to the next highest one-tenth of one percent and shall not be less

than one percent nor more than four percent. The commissioner of

veterans' services, not later than February first of each year, shall

publish by any reasonable means, including but not limited to posting on

the department's website, the amount of the annuity as adjusted payable

under this section. The term "parent" for the purposes of this section

includes mother, father, stepmother, stepfather, mother through adoption

and father through adoption. The term "spouse" for the purposes of this

section means a person who was the spouse or domestic partner of the

veteran at the time of such veteran's death regardless of whether such

person has remarried or entered into a new domestic partnership since

such veteran's death. The term "minor child" for the purposes of this

section means a person who is under the age of eighteen years, or who,

after attaining the age of eighteen years and until completion of

education or training, but not after attaining the age of twenty-three

years, is pursuing a course of instruction at an approved educational

institution and who is the biological, step, or adopted child of a

veteran. The term "active duty" for purposes of this section shall have

the same meaning as such term is defined in section 101 of title 38 of

the United States code, and shall also include any period of active duty

for training during which the individual concerned died from a disease

or injury incurred or aggravated in the line of duty, or any period of

inactive duty training during which the individual concerned died from

an injury incurred or aggravated in the line of duty or from an acute

myocardial infarction, a cardiac arrest, or a cerebrovascular accident

which occurred during such training. The terms "active duty for

training" and "inactive duty training" for the purposes of this section

shall have the same meaning as such terms are defined in section 101 of

title 38 of the United States code.

(b) The entitlement of any parent, spouse, or minor child to receive

the annuity provided by paragraph (a) of this subdivision shall

terminate upon such parent's, spouse's, or minor child's death or upon

such parent's, spouse's, or minor child's ceasing to continue to be a

resident of and domiciled in the state of New York, but such entitlement

may be reinstated upon application to the state commissioner, if such

parent, spouse, or minor child shall thereafter resume such parent's,

spouse's, or minor child's residence and domicile in the state.

(c) The effective date of an award of the annuity to a parent, spouse,

or minor child shall be the day after the date of death of the veteran

if the application therefor is received within one year from date of

death. If the application is received after the expiration of the first

year following the date of the death of the veteran, the effective date

of an award of the annuity to a parent, spouse, or minor child shall be

the date of receipt of the application by the state commissioner. If the

application is denied but is granted at a later date upon an application

for reconsideration based upon new evidence, the effective date of the

award of the annuity to a parent, spouse, or minor child shall be the

date of the receipt of the application for reconsideration by the state

commissioner.

(d) Any applicant convicted of making any false statement in the

application for the annuity shall be subject to penalties prescribed in

the penal law.

2. Qualifications. (a) Any gold star parent, spouse, or minor child,

of a deceased veteran, or a parent, spouse, or minor child of a veteran

pursuant to subparagraph (ii) of paragraph (a) of subdivision one of

this section, who is a resident of and domiciled in the state of New

York, may make application to the department.

(b) No entitlement shall be paid under this section to or for a gold

star parent, spouse, or minor child, or a parent, spouse, or minor child

of a veteran pursuant to subparagraph (ii) of paragraph (a) of

subdivision one of this section, who is in prison in a federal, state,

or local penal institution as a result of conviction of a felony or

misdemeanor for any part of the period beginning sixty-one days after

such parent's, spouse's, or minor child's imprisonment begins and ending

with such parent's, spouse's, or minor child's release.

(c) Where one or more gold star parents, spouse, or minor children, or

parents, spouse, or minor children of a veteran pursuant to subparagraph

(ii) of paragraph (a) of subdivision one of this section, are

disqualified for the annuity for a period under paragraph (b) of this

subdivision, the state commissioner shall pay the shares of such

disqualified parents, spouse, or minor children to the other parents or

minor children, if they meet the qualifications on their own.

(d) The decision of the state commissioner on matters regarding the

payment of such annuity shall be final.

3. Method of payment. (a) Evidence of the military service of the

deceased veteran for each case shall be furnished in the manner and form

prescribed by the state commissioner.

(b) Upon being satisfied that such service was honorable, that other

facts and statements in the application of such gold star parent,

spouse, or minor child or parent, spouse, or minor child of a veteran

pursuant to subparagraph (ii) of paragraph (a) of subdivision one of

this section, are true, the state commissioner shall certify to the

state comptroller the name and address of such gold star parent, spouse,

or minor child, or parent, spouse, or minor child of a veteran pursuant

to subparagraph (ii) of paragraph (a) of subdivision one of this

section.

(c) Thereafter, the department of taxation and finance, on the audit

and warrant of the comptroller, shall pay such gold star parent, spouse,

or minor child, or parent, spouse, or minor child of a veteran pursuant

to subparagraph (ii) of paragraph (a) of subdivision one of this

section, such sum as is authorized by the provisions of this section in

semi-annual installments for so long as such qualified gold star parent,

spouse, or minor child, or parent, spouse, or minor child of a veteran

pursuant to subparagraph (ii) of paragraph (a) of subdivision one of

this section, shall meet the requirements of this section.

4. Report. The state commissioner shall submit a report to the

governor, the chair of the senate finance committee, and the chair of

the assembly ways and means committee not later than January fifteenth

of each year this section is in effect. Such report shall include, but

not be limited to regulations promulgated pursuant to this section, and

a description and evaluation of the program.

Cremated remains of a veteran. The cremated remains of a veteran

may be disposed of pursuant to the provisions of section forty-two

hundred three of the public health law.

New York state silver rose veterans service certificate. The

commissioner, in consultation with the adjutant general, is hereby

authorized to present in the name of the legislature of the state of New

York, a certificate, to be known as the "New York State Silver Rose

Veterans Service Certificate", bearing a suitable inscription to any

person:

1. who is a citizen of the state of New York; or

2. who was a citizen of the state of New York while serving in the

uniformed services of the United States, and who while serving in the

uniformed services of the United States, or the organized militia on

active duty was exposed to dioxin or phenoxy herbicides, as evinced by a

medical diagnosis of a disease associated with dioxin or phenoxy

herbicides, and any other proof determined by the adjutant general to be

necessary; or

3. who was honorably discharged or released under honorable

circumstances.

Not more than one New York state silver rose veterans certificates

shall be awarded or presented, under the provisions of this section, to

any person whose entire service subsequent to the time of the receipt of

such certificate shall not have been honorable. In the event of the

death of any person during or subsequent to the receipt of such

certificate it shall be presented to such representative of the deceased

as may be designated. The commissioner, in consultation with the

adjutant general, shall make such rules and regulations as may be deemed

necessary for the proper presentation and distribution of such

certificates.

Intake forms for admission and residency. 1. The department, in

cooperation with the office of temporary and disability assistance and

any other state department, office, division or agency the department

deems necessary, shall require that all intake forms for admission or

residency to any temporary shelter that is reimbursed from state or

state-administered grants or funds shall ask an applicant: "Have you or

anyone in your household ever been in the United States military?". Each

social services district or social services district's designee shall in

writing advise all individuals applying for temporary housing assistance

and identifying themselves as having been in the United States military

that the department of veterans' services and local veterans' service

agencies established pursuant to section fourteen of this article

provide assistance to veterans regarding benefits available under

federal and state law. Such written information shall include the name,

address and telephone number of the New York state department of

veterans' services, the nearest department of veterans' services office,

the nearest county or city veterans' service agency and the nearest

accredited veterans' service officer. Each social services district or

social services district's designee, with the permission of such

individual's identifying themself as a veteran, shall transmit such

veteran's status information to the department of veterans' services.

2. The department, in cooperation with the office of temporary and

disability assistance and any other state department, office, division

or agency the department deems necessary, shall encourage all other

temporary shelter providers to share information to increase veteran

access to benefits by:

(a) providing information on the department website including:

(i) potential questions for inclusion on intake forms including, but

not limited to: "Have you or anyone in your household ever been in the

United States military?";

(ii) advising such providers that all individuals identifying

themselves as having been in the United States military that the

division and local veterans' service agencies provide assistance to

veterans regarding benefits available under federal and state law; and

(iii) the address and telephone number of the department, county and

city veterans' service agencies and accredited veterans' service

officers; and

(b) facilitating the transmission of such veteran's status

information, with the permission of individuals identifying themselves

as a veteran, to the department.

* § 29-a. Loan counseling for mortgages guaranteed by the Servicemen's

Readjustment Act of 1944. Upon the request of any veteran, the

department shall provide counseling and assistance to applicants for a

mortgage loan guaranteed by the Servicemen's Readjustment Act of 1944.

Such service shall be provided either directly or through a contract

with a not-for-profit entity which has a Commercial and Government

Entity (CAGE) code assigned by the federal System for Award Management

and which is not owned by, affiliated with or operated by a mortgage

company. Counselors shall be certified by the United States department

of housing and urban development under Part 214 of Title 24 of the Code

of Federal Regulations. Loan counseling and assistance shall include a

review of the terms and restrictions of the loan and any other

information which may be required under federal law, rule or regulation.

The department may promulgate regulations necessary to prevent any

potential conflicts of interest between counselors and mortgage

companies to ensure that any counseling and assistance provided under

the provisions of this section shall be made in the best interest of the

veteran seeking such mortgage loan.

* NB There are 2 § 29-a's

Veterans' liaisons. 1. As used in this section the term "state

agency" shall mean any department, board, bureau, division, commission,

council or committee within the executive branch.

2. Each state agency shall designate at least one employee to act as a

liaison with veterans within such agency or served by such agency. Such

liaison shall be funded from existing appropriations in each agency.

Upon designating a veterans' liaison, which shall be done within ninety

days, all state agencies shall inform the department in a form and

manner to be prescribed by the department. An employee designated to act

as a veterans' liaison must first complete an initial training provided

by appropriate staff designated by the department before assuming the

duties of a veterans' liaison. Thereafter all veterans' liaisons shall

annually receive supplemental trainings provided by the department. A

state agency may also, in consultation with the department, prescribe

such additional trainings for its veterans' liaisons as it deems

necessary and relevant to assisting veterans employed or served by the

agency.

3. Each state agency shall conspicuously post the name and contact

information of its current veterans' liaisons on its website and a

listing of all state agency veterans' liaisons shall be maintained by

the department and updated at least annually on its website.

4. The duties of a veterans' liaison may include but not be limited

to: (a) providing information and assistance to veterans regarding

benefits and services available to veterans at the liaison's agency or

other state agencies including the department; (b) ensuring active

communication, coordination and cooperation are maintained with members

of the public as well as other state and local agencies regarding the

agency's efforts to assist veterans; (c) advising agency staff as to how

to identify and address the unique needs of veterans within or served by

the agency; (d) informing veterans within the agency as to applicable

employee personnel policies; (e) promoting the recruitment, retention,

and professional development of veteran employees within the agency; and

(f) making efforts to identify veterans as defined in section one of

this article within or served by the agency on an annual basis.

5. Information received pursuant to this section will be provided to

the department. Information collected pursuant to this section shall be

protected under article six-A of the public officers law against

disclosure of confidential material and used only to determine the

number of veterans who are employed by or seeking services from the

state of New York.

6. The department shall develop guidelines and a best practices

document for veterans' liaisons in consultation with state agencies and

with input solicited from the veterans' liaisons designated by such

agencies. Further, the department shall include engagement with

veterans' liaisons as part of its efforts to develop collaborative

relationships with state agencies pursuant to subdivision thirty-seven

of section four of this article.

7. The annual report required by subdivision seventeen of section four

of this article shall contain a description of the department's

activities and collaborations with veterans' liaisons and any

recommendations of the department with respect to the veterans' liaisons

program established under this section.

Veteran maternity care. The women veterans coordinator shall

administer a veteran maternity care program. The duties and

responsibilities of the women veterans coordinator with respect to such

program shall be:

1. Serving as a liaison between the United States department of

veterans affairs (VA) including VA maternity care coordinators located

in the state, the department of health and the office of mental health

to facilitate better coordination of veteran maternity care in the state

and cooperation in addressing issues related to veteran reproductive

mental health care;

2. Disseminating available information to maternity care providers and

expectant veterans regarding identifying and treating common mental and

physical conditions experienced by veterans that can heighten the risk

of pregnancy complications;

3. Providing guidance and referral information on maternity care and

benefits available to veterans including the VA's maternity care

coordination program at all events including but not limited to,

seminars required under subdivision six of section four of this article;

4. Providing resources on identifying the signs and symptoms of mental

health conditions in expectant veterans to maternity care providers;

5. Raising awareness among maternity care providers of the federal

Veterans Community Care Program established pursuant to 38 U.S.C § 1703

and considering ways to encourage and incentivize participation in such

program. The coordinator shall make information relevant to such

providers available on the department's website, including but not

limited to, links to any continuing medical education material or

courses for non-department medical professionals provided on the

internet website of the U.S. Department of Veterans Affairs pursuant to

section 123 of the VA Maintaining Internal Systems and Strengthening

Integrated Outside Networks Act of 2018 (P.L.115-182);

Staff sergeant Alex R. Jimenez New York state military

immigrant family legacy program. 1. For the purposes of this section,

the following terms shall have the following meanings:

(a) "Uniformed service member" shall mean a member of the army, navy,

air force, space force, marine corps, coast guard, public health service

commissioned corps, or national oceanic and atmospheric administration

commissioned officer corps serving on active duty.

(b) "The program" shall mean the staff sergeant Alex R. Jimenez

military immigrant family legacy program.

(c) "Liaison" shall mean an employee of the office for new Americans

designated by the director of the office for new Americans, an employee

of the division of military and naval affairs designated by the adjutant

general, and an employee of the department designated by the

commissioner, to serve as a military immigrant family legacy program

liaison pursuant to subdivision three of this section.

(d) "Veteran" shall have the same meaning as such term is defined in

section one of this article and shall also include any veteran with a

qualifying condition, as defined in section one of this article, and has

received a discharge other than bad conduct or dishonorable from such

service, or is a discharged LGBT veteran, as defined in section one of

this article, and has received a discharge other than bad conduct or

dishonorable from such service.

(e) "Intended recipients" shall mean uniformed service members,

veterans, reserve component members and their spouse, domestic partner,

mother, father, stepmother, stepfather, mother through adoption, father

through adoption, or children, stepchildren, or adopted children. The

term "intended recipients" shall also include the next-of-kin of an

eligible uniformed service member, veteran or reserve component member

who died as a result of injury or disease incurred in or aggravated by

their service in the uniformed services, making a request for the grant

of posthumous U.S. citizenship on behalf of such uniformed service

member, veteran or reserve component member.

(f) "Reserve component members" shall mean those serving in the army

reserve, navy reserve, marine corps reserve, the army national guard,

the air national guard, or reserve corps of the public health service

during the time the unit was federally recognized as a reserve

component.

2. There is hereby established within the office for new Americans the

staff sergeant Alex R. Jimenez New York state military immigrant family

legacy program. The commissioner and adjutant general shall designate

one or more staff as liaisons to the office for new Americans who shall

refer any intended recipient in need of assistance with an immigration

matter to the office for new Americans. The office for new Americans

shall designate one or more staff to be liaisons with the department and

the division of military and naval affairs who shall coordinate such

referrals from the department and the division of military and naval

affairs and ensure the intended recipient is referred to existing office

for new Americans programs, including, but not limited to, immigration

legal service programs delivered by partnering community organization

and immigration counsel. The primary purpose of the program shall be to

assist intended recipients to secure legal immigration status in the

United States, including but not limited to, citizenship.

3. The office for new Americans shall have the responsibility to:

(a) refer intended recipients in matters related to immigration

status, to service providers.

(b) serve as liaison for the department and the division of military

and naval affairs, local veterans' service agencies, state agencies,

community groups, advocates, and other veterans and military

organizations and interested parties for the purpose of coordinating

efforts to provide access to immigration services to intended recipients

as specified in paragraph (a) of this subdivision.

(c) maintain a toll-free, multi-lingual hotline and website for

purposes including, but not limited to, disseminating information and

resources relating to the program as well as other federal, state, local

and non-profit programs that may offer assistance to intended recipients

in immigration matters.

(d) coordinate with the department and the division of military and

naval affairs and otherwise marshal the resources of the state to serve

the needs of intended recipients.

(e) share information about the program with congressionally chartered

veterans' organizations, and local veterans' service agencies.

4. The liaisons appointed pursuant to subdivision two of this section

shall jointly report the number of intended recipients referred to the

office for new Americans through the program to the commissioner on

January first each year following the first full year after the

effective date of this section. The commissioner shall submit the report

to the governor and the legislature by March first of each year.

5. For the purposes of this program, personally identifying

information provided by intended recipients shall not be retained,

disclosed, disseminated, or otherwise published or made available by the

department, the division of military and naval affairs, or the office

for new Americans.

Protecting veterans from fraud and unaccredited

representatives.

1. For the purposes of this section, the following terms shall have

the following meanings:

(a) "Unaccredited representative" shall mean any person lacking the

authority granted by the VA to representatives, agents, and attorneys to

assist claimants in the preparation, presentation, and prosecution of

claims for VA benefits under title 38 of the United States code and

title 38 of the code of federal regulations.

(b) "Veterans' benefits matter" shall have the same meaning as defined

by section three hundred forty-nine-f of the general business law.

(c) "Veterans' benefits matter frauds" shall mean any type of consumer

fraud, scam, or deceptive business practice, including but not limited

to those using mail, television, internet, telemarketing, recorded

message telephone calls commonly known as robocalls, solicitations and

marketing that target or adversely affect intended recipients including

but not limited to any violation of chapter 59 of title 38 of the United

States code or section three hundred forty-nine-f of the general

business law.

(d) "Intended recipients" shall include veterans, service members, and

the family members and caregivers of such individuals.

(e) "Entity" shall have the same meaning as defined by section three

hundred forty-nine-f of the general business law.

(f) "Claimant" means any individual applying for, or submitting a

claim for, any benefit under the laws administered by the U.S. secretary

of veterans affairs.

(g) "VA" means the United States department of veterans affairs.

2. The commissioner shall establish an informational outreach program

to raise awareness of veterans' benefits matter frauds. Such program

shall disseminate to intended recipients:

(a) general information on veterans' benefits matter frauds, including

descriptions of the most common types of fraud, scams and other

deceptive business practices, and measures intended recipients can take

to protect against such veterans' benefits matter frauds;

(b) information on how to report veterans' benefits matter frauds to

the division of consumer protection, the attorney general and other

appropriate federal, state, and local authorities;

(c) general information on seeking representation in a veterans'

benefits matter, including how to verify VA accreditation and identify

unaccredited representatives and best practices for seeking

representation or assistance with a veterans' benefits matter;

(d) information on when an entity may lawfully seek reasonable

compensation or fees in connection with a veterans' benefits matter;

(e) publicly available information about enforcement actions taken

against unaccredited representatives and entities engaging in veterans'

benefits matter frauds targeting or adversely affecting intended

recipients; and

(f) information on the rights and remedies available to victims of

veterans' benefits matter frauds targeting or adversely affecting

intended recipients.

3. The program shall include the following elements:

(a) public service announcements;

(b) establishment of a toll-free telephone hotline and email address

to receive complaints regarding veterans' benefits matter frauds

targeting or adversely affecting intended recipients;

(c) maintaining a page on the department's website to serve as a

resource for information regarding veterans' benefits matter frauds that

target or adversely affect intended recipients, which shall include but

not be limited to:

(i) warnings about potential predatory practices including a warning

about individuals who seek to act in violation of chapter 59 of title 38

of the United States code or section three hundred forty-nine-f of the

general business law;

(ii) a link to the online tool of the VA through which a claimant may

report an individual acting in violation of chapter 59 of title 38 of

the United States code or section three hundred forty-nine-f of the

general business law;

(iii) a link to the online tool of the VA through which a claimant may

search for a recognized agent, attorney, or other entity recognized by

the VA for the preparation, presentation, or prosecution of any claim

under laws administered by the U.S. secretary of veterans affairs; and

(iv) a link to a website or an online tool of the VA providing final

decisions on discipline of agents, attorneys, and entities, described in

subparagraph (iii) of this paragraph, by the U.S. secretary of veterans

affairs for violations of chapter 59 of title 38 of the United States

code; and

(d) providing seminars three times per year at locations throughout

the state to advise intended recipients of the information under

subdivision two of this section.

4. The commissioner shall collaborate with relevant state agencies and

officials including the division of consumer protection, the secretary

of state, the attorney general, local directors and veterans' service

organizations to monitor the market for veterans' benefits matter

frauds, and shall coordinate and consult with other relevant agencies as

appropriate regarding the requirements of this section and to ensure the

latest information regarding veterans' benefits matter fraud is

disseminated to intended recipients.

5. The commissioner, in consultation with the secretary of state and

the attorney general, shall establish standard protocols and procedures

for employees of the department and local veterans' service agencies for

handling any complaints of veterans' benefits matter fraud that may be

reported to such employees.

6. A description of the program's activities and the commissioner's

recommendations to the legislature regarding such program shall be

included in the annual report required under subdivision seventeen of

section four of this article.

Short title. This article shall be known and may be cited as the

"veterans employment act".

Legislative findings. The legislature hereby finds that it is

estimated that over the next five years, forty-four thousand veterans

are expected to return to this state from their military posts, making

the Empire State home to one of the largest veteran populations in the

country. Shockingly, the unemployment rate for Post-9/11 veterans in New

York was 10.7% in two thousand twelve, which is nearly one percent

higher than the national average and higher than the state's overall

8.2% unemployment rate. The legislature has found previously that it is

in the interest of the state to ensure that returning veterans have

employment opportunities available upon their separation from military

service.

The state already encourages private businesses to hire military

veterans through tax credits and other economic incentives. In addition,

the legislature has previously found that state agencies spend millions

of dollars annually on temporary staff hired from temporary employment

service companies to cover temporary staffing needs. These temporary

state jobs could serve as a bridge for recently discharged military

veterans who have yet to find full-time permanent work. In addition,

these temporary assignments could serve to develop the next generation

of the state workforce and help with succession planning for the current

workforce.

The legislature declares it to be the policy of this state to use

veterans for temporary appointments in state agencies rather than

utilizing temporary employment service companies in order to provide

employment opportunities for returning military veterans.

Definitions. As used in this article:

1. "State agency" shall mean any department, board, bureau, division,

commission, council or committee within the executive branch, the state

university of New York, the city university of New York, and all public

authorities under the control of the executive branch.

2. "Temporary appointment" shall have the same meaning as provided in

section sixty-four of the civil service law.

3. "Veteran" means a veteran (a) as defined in section one of this

chapter, or (b) a member of the New York guard or New York naval militia

who was discharged under other than dishonorable conditions, and who was

released from such service after September eleventh, two thousand one.

4. "Veteran temporary hiring list" shall mean a hiring list maintained

by the department of civil service.

Temporary hiring. Notwithstanding any provision of law to the

contrary, a state agency shall select a veteran from the veteran

temporary hiring list when making a temporary appointment provided such

veteran possesses the applicable skills needed for the temporary

assignment.

Department of civil services responsibilities. The department of

civil service shall:

1. establish and maintain a veteran temporary hiring list, for use by

state agencies in the implementation of this article;

2. assist state agencies by making available services of the

department of civil service to facilitate the provisions of this

article; and

3. establish and maintain, together with the commissioner of the

department of veterans' services, a program to educate separating

service members as to the benefits available to veterans under this

article.

Regulations. The president of the state civil service commission

shall promulgate such rules and regulations as shall be necessary to

implement the provisions of this article.

Definitions. As used in this article, the following terms shall

have the following meanings:

1. "Certified service-disabled veteran-owned business enterprise"

shall mean a business enterprise, including a sole proprietorship,

partnership, limited liability company or corporation that is:

(a) at least fifty-one percent owned by one or more service-disabled

veterans;

(b) an enterprise in which such service-disabled veteran ownership is

real, substantial, and continuing;

(c) an enterprise in which such service-disabled veteran ownership has

and exercises the authority to control independently the day-to-day

business decisions of the enterprise;

(d) an enterprise authorized to do business in this state and is

independently-owned and operated;

(e) an enterprise that is a small business which has a significant

business presence in the state, not dominant in its field and employs,

based on its industry, a certain number of persons as determined by the

director, but not to exceed three hundred, taking into consideration

factors which include, but are not limited to, federal small business

administration standards pursuant to 13 CFR part 121 and any amendments

thereto; and

(f) certified by the office of general services.

2. "Commissioner" shall mean the commissioner of the office of general

services.

3. "Director" shall mean the director of the division of

service-disabled veterans' business development.

4. "Division" shall mean the division of service-disabled veterans'

business development in the office of general services.

5. "Service-disabled veteran" shall mean (a) a veteran as defined in

section one of this chapter and who received a compensation rating of

ten percent or greater from the United States Department of Veterans

Affairs or from the United States department of defense because of a

service-connected disability incurred in the line of duty, and (b) in

the case of the New York guard or the New York naval militia and/or

reserves thereof, a veteran who certifies, pursuant to the rules and

regulations promulgated by the director, to having incurred an injury

equivalent to a compensation rating of ten percent or greater from the

United States Department of Veterans Affairs or from the United States

Department of Defense because of a service-connected disability incurred

in the line of duty.

6. "State agency" shall mean: (a)(i) any state department; or (ii) any

division, board, commission or bureau of any state department; or (iii)

the state university of New York and the city university of New York,

including all their constituent units except community colleges and the

independent institutions operating statutory or contract colleges on

behalf of the state; or (iv) a board, a majority of whose members are

appointed by the governor or who serve by virtue of being state officers

or employees as defined in subparagraph (i), (ii) or (iii) of paragraph

(i) of subdivision one of section seventy-three of the public officers

law.

(b) a "state authority" as defined in subdivision one of section two

of the public authorities law, and the following:

Albany County Airport Authority;

Albany Port District Commission;

Alfred, Almond, Hornellsville Sewer Authority;

Battery Park City Authority;

Cayuga County Water and Sewer Authority;

(Nelson A. Rockefeller) Empire State Plaza Performing Arts Center

Corporation;

Industrial Exhibit Authority;

Livingston County Water and Sewer Authority;

Long Island Power Authority;

Long Island Rail Road;

Long Island Market Authority;

Manhattan and Bronx Surface Transit Operating Authority;

Metro-North Commuter Railroad;

Metropolitan Suburban Bus Authority;

Metropolitan Transportation Authority;

Natural Heritage Trust;

New York City Transit Authority;

New York Convention Center Operating Corporation;

New York State Bridge Authority;

New York State Olympic Regional Development Authority;

New York State Thruway Authority;

Niagara Falls Public Water Authority;

Niagara Falls Water Board;

Port of Oswego Authority;

Power Authority of the State of New York;

Roosevelt Island Operating Corporation;

Schenectady Metroplex Development Authority;

State Insurance Fund;

Staten Island Rapid Transit Operating Authority;

State University Construction Fund;

Syracuse Regional Airport Authority;

Triborough Bridge and Tunnel Authority;

Upper Mohawk valley regional water board;

Upper Mohawk valley regional water finance authority;

Upper Mohawk valley memorial auditorium authority;

Urban Development Corporation and its subsidiary corporations.

(c) the following only to the extent of state contracts entered into

for its own account or for the benefit of a state agency as defined in

paragraph (a) or (b) of this subdivision:

Dormitory Authority of the State of New York;

Facilities Development Corporation;

New York State Energy Research and Development Authority;

New York State Science and Technology Foundation.

(d) "state contract" shall mean: (i) a written agreement or purchase

order instrument, providing for a total expenditure in excess of

twenty-five thousand dollars, whereby a contracting agency is committed

to expend or does expend funds in return for labor, services including

but not limited to legal, financial and other professional services,

supplies, equipment, materials or any combination of the foregoing, to

be performed for, or rendered or furnished to the contracting agency;

(ii) a written agreement in excess of one hundred thousand dollars

whereby a contracting agency is committed to expend or does expend funds

for the acquisition, construction, demolition, replacement, major repair

or renovation of real property and improvements thereon; and (iii) a

written agreement in excess of one hundred thousand dollars whereby the

owner of a state assisted housing project is committed to expend or does

expend funds for the acquisition, construction, demolition, replacement,

major repair or renovation of real property and improvements thereon for

such project.

7. "Veteran" shall mean (a) a veteran as defined in section one of

this chapter, or (b) a member of the New York guard who was discharged

under other than dishonorable conditions, or (c) has a qualifying

condition, as defined in section one of this chapter, and has received a

discharge other than bad conduct or dishonorable from such service, or

(d) is a discharged LGBT veteran, as defined in section one of this

chapter, and has received a discharge other than bad conduct or

dishonorable from such service.

Division of service-disabled veterans' business development. 1.

The head of the division of service-disabled veterans' business

development shall be the director who shall be appointed by the governor

and who shall hold office at the pleasure of the commissioner.

2. The director may appoint such deputies, assistants, and other

employees as may be needed for the performance of the duties prescribed

herein subject to the provisions of the civil service law and the rules

and regulations of the civil service commission. The director may

request and shall receive from any (i) department, division, board,

bureau, or executive commission of the state or (ii) state agency, such

assistance as may be necessary to carry out the provisions of this

article.

3. The director shall have the following powers and duties:

(a) Develop, collect, summarize and disseminate information that will

be helpful to persons and organizations throughout the state in

undertaking or promoting the establishment and successful operation of a

service-disabled veteran-owned business.

(b) Develop and make available to state agencies a directory of

certified service-disabled veteran-owned business enterprises which

shall, wherever practicable, be divided into categories of labor,

services, supplies, equipment, materials and recognized construction

trades and which shall indicate areas or locations of the state where

such enterprises are available to perform services. Such directory shall

be posted on the office of general services website.

(c) Assist state agencies in the development of programs to foster and

promote the use of service-disabled veteran-owned business enterprises

on state contracts.

(d) Coordinate the plans, programs and operations of the state

government which affect or may contribute to the establishment,

preservation and development of service-disabled veteran-owned business

enterprises.

(e) To appoint independent hearing officers who by contract or terms

of employment shall preside over adjudicatory hearings pursuant to this

section for the office and who are assigned no other work by the office.

(f) In conjunction with the commissioner, develop a comprehensive

statewide plan and operational guidelines to promote service-disabled

veteran-owned business enterprises and to assist them in obtaining

opportunities to participate in the procurement of goods and services by

the state, including identification of barriers to service-disabled

veterans' business development and investigation and evaluation of their

impact on achieving the objectives of this article.

4. The commissioner shall:

(a) Coordinate training of all procurement personnel of state

agencies, emphasizing increased sensitivity and responsiveness to the

unique needs and requirements of service-disabled veteran-owned business

enterprises.

(b) Conduct a coordinated review of all existing and proposed state

training and technical assistance activities in direct support of the

service-disabled veterans' business development program to assure

consistency with the objectives of this article.

(c) Evaluate and assess availability of firms for the purpose of

increasing participation of such firms in state contracting in

consultation with relevant state entities including, but not limited to,

the New York state department of veterans' services.

(d) Provide advice and technical assistance to promote

service-disabled veteran-owned business enterprises' understanding of

state procurement laws, practices and procedures to facilitate and

increase the participation of service-disabled veteran-owned business

enterprises in state procurement.

(e) Establish regular performance reporting systems regarding

implementation of the programs designed to increase service-disabled

veteran-owned business participation in procurement contracts by state

agencies.

(f) Submit a report by the thirty-first of December each year, to the

governor, the temporary president of the senate, the speaker of the

assembly and the chairpersons of the senate finance and assembly ways

and means committees. Such report shall include information including,

but not limited to, the number of contracts entered into pursuant to

this article, the average amount of such contracts, the number of

service-disabled veteran-owned business enterprises certified, the

number of applications for certification as a service-disabled

veteran-owned business enterprise, the number of denials for such

certification, the number of appeals of such denials, and the outcome of

such appeals and the average time that is required for such

certification to be completed. Also to be included shall be the level of

service-disabled veteran-owned businesses participating in each agency's

contracts for goods and services and on activities of the division and

efforts by each contracting agency to promote utilization of

service-disabled veteran-owned businesses and to promote and increase

participation by certified service-disabled veteran-owned businesses

with respect to state contracts and subcontracts to such businesses.

Such report may recommend new activities and programs to effectuate the

purposes of this article.

5. Certification. (a) The director, or in the absence of the director,

the commissioner, within ninety days of the effective date of this

article, shall promulgate rules and regulations providing for the

establishment of a statewide certification program including rules and

regulations governing the approval, denial, or revocation of any such

certification. Such rules and regulations shall include, but not be

limited to, such matters as may be required to ensure that the

established procedures thereunder shall at least be in compliance with

the code of fair procedure set forth in section seventy-three of the

civil rights law.

(b) The division of service-disabled veterans' business development

shall be responsible for verifying businesses as being owned, operated,

and controlled by a service-disabled veteran and for certifying such

verified businesses. Status as a service-disabled veteran pursuant to

paragraph (a) of this subdivision shall be documented by a copy of the

veteran's certificate of release or discharge from active duty,

including but not limited to, a DD-214 form or an honorable service

certificate/report of casualty from the Department of Defense, a letter

of certification by the United States Department of Veterans Affairs or

the United States Department of Defense and any additional information

that may be required by the division of service-disabled veterans'

business development. In the case of the New York guard or the New York

naval militia and/or reserves thereof, status as a service-disabled

veteran pursuant to this paragraph shall be documented pursuant to rules

and regulations promulgated by the director, or in the absence of the

director, the commissioner.

(c) Following application for certification pursuant to this section,

the director shall provide the applicant with written notice of the

status of the application, including notice of any outstanding

deficiencies, within thirty days. Within sixty days of submission of a

final completed application, the director shall provide the applicant

with written notice of a determination by the director approving or

denying such certification and, in the event of a denial, a statement

setting forth the reasons for such denial. Upon a determination denying

or revoking certification, the business enterprise for which

certification has been so denied or revoked shall, upon written request

made within thirty days from receipt of notice of such determination, be

entitled to a hearing before an independent hearing officer designated

for such purpose by the director. In the event that a request for a

hearing is not made within such thirty-day period, such determination

shall be deemed to be final. The independent hearing officer shall

conduct a hearing and upon the conclusion of such hearing, issue a

written recommendation to the director to affirm, reverse, or modify

such determination of the director. Such written recommendation shall be

issued to the parties. The director, within thirty days, by order, must

accept, reject or modify such recommendation of the hearing officer and

set forth in writing the reason therefor. The director shall serve a

copy of such order and reasons therefor upon the business enterprise by

personal service or by certified mail return receipt requested. The

order of the director shall be subject to review pursuant to article

seventy-eight of the civil practice law and rules.

(d) All certifications shall be valid for a period of five years.

Opportunities for certified service-disabled veteran-owned

business enterprises. 1. The director, or in the absence of the

director, the commissioner, within ninety days of the effective date of

this article shall promulgate rules and regulations for the following

purposes:

(a) provide measures and procedures to ensure that certified

service-disabled veteran-owned business enterprises are afforded the

opportunity for meaningful participation in the performance of state

contracts and to assist in state agencies' identification of those state

contracts for which certified service-disabled veteran-owned business

enterprises may best perform;

(b) provide for measures and procedures that assist state agencies in

the identification of state contracts where service-disabled veteran

contract goals are practical, feasible and appropriate for the purpose

of increasing the utilization of service-disabled veteran-owned business

enterprise participation on state contracts;

(c) achieve a statewide goal for participation on state contracts by

service-disabled veteran-owned business enterprises of six percent;

(d) provide for procedures relating to submission and receipt of

applications by service-disabled veteran-owned business enterprises for

certification;

(e) provide for the monitoring and compliance of state contracts by

state agencies with respect to the provisions of this article;

(f) provide for the requirement that state agencies submit regular

reports, as determined by the director, with respect to their

service-disabled veteran-owned business enterprise program activity,

including but not limited to, utilization reporting and state contract

monitoring and compliance;

(g) notwithstanding any provision of the state finance law, the public

buildings law, the highway law, the transportation law or the public

authorities law to the contrary, provide for the reservation or

set-aside of certain procurements by state agencies in order to achieve

the objectives of this article; provided, however, that such

procurements shall remain subject to (i) priority of preferred sources

pursuant to sections one hundred sixty-two and one hundred sixty-three

of the state finance law; (ii) the approval of the comptroller of the

state of New York pursuant to section one hundred twelve and section one

hundred sixty-three of the state finance law and section twenty-eight

hundred seventy-nine-a of the public authorities law; and (iii) the

procurement record requirements pursuant to paragraph g of subdivision

nine of section one hundred sixty-three of the state finance law; and

(h) provide for any other purposes to effectuate this article.

2. State agencies shall administer the rules and regulations

promulgated by the director for the implementation of this article.

Severability. If any clause, sentence, paragraph, section or

part of this article shall be adjudged by any court of competent

jurisdiction to be invalid, the judgment shall not affect, impair or

invalidate the remainder thereof, but shall be confined in its operation

to the clause, sentence, paragraph, section or part of this article

directly involved in the controversy in which the judgment shall have

been rendered.