§ 353. General functions, powers and duties of division. The division, by and through the state director or his duty authorized officer or employee shall have the following functions, powers and duties: 1. To coordinate the program and activities of departments, divisions, boards, bureaus, commissions or agencies of the state or of any political subdivision of the state in providing services and facilities to members of the armed forces and to veterans who are residents of this state and their families. 2. To maintain liaison with other public officials and agencies concerned with the development or execution of plans for members of the armed forces and veterans who are residents of this state, and their families, and to assist in the development and execution of such plans. 3. To establish, direct and supervise a state veterans' service agency; and to create or designate other agencies of the division to aid and assist in the discharge of one or more of its functions, powers or duties under this article, and grant authority to such agencies as may be deemed necessary for the effective accomplishment of any of such functions, powers or duties. 4. To operate and maintain counseling services, rest camps and other agencies and institutions and to administer benefits and facilities for members of the armed forces and veterans who are residents of this state, and their families. 4-a. To provide seminars three times per year at locations throughout the state to advise veterans and their surviving spouses, who are age sixty-two or older, of veterans' benefits for which they may be eligible from the state and federal governments, and the means of obtaining such benefits. 4-b. To provide seminars three times per year at locations throughout the state to advise women veterans of their benefits for which they may be eligible from the state and federal governments, the means of obtaining such benefits and other topics, including, but not limited to, health care issues of specific interest to women veterans. 4-c. To provide in cooperation with the office of general services and the office of the comptroller a series of seminars, that shall be conducted four or more times per year at regional sites located throughout the state of New York for the purpose of advising veteran-owned businesses regarding the opportunities available for obtaining procurement contracts from New York state agencies, municipalities, and authorities. Furthermore the seminars shall provide requirements and training that will enable veteran-owned businesses to successfully participate in the procurement process. 5. To execute and assist in the execution of plans for the efficient utilization of the resources and facilities of the state in matters related to members of the armed forces and veterans who are residents of this state, and their families. 6. To make studies and analyses and develop and execute plans for assistance and benefits to members of the armed forces and veterans who are residents of this state, and their families, and the creation of agencies, institutions and facilities therefor. 7. To develop and encourage plans for the occupational reorientation of veterans who are residents of this state, including the determination and certification of civilian equivalents for military experience and the development and encouragement of on-the-job training and apprenticeship training programs. * 7-a. To provide information regarding resources that are available to assist veterans in establishing and sustaining a small business by maintaining a small business portal on the division's internet website. Such portal shall provide virtual links to appropriate governmentprograms including, but not limited to the United States department of veterans' affairs. The division may consult with the New York State Small Business Development Center and any other appropriate state agencies. The division shall make reference to this information in its newsletter, at the three seminars sponsored by the division pursuant to subdivisions four-a, four-b, and four-c of this section and the annual report to the governor and the legislature as provided in subdivision eleven of this section. Such information required under this subdivision shall be maintained and updated annually. The information may also be made available in printed form. * NB Effective November 28, 2010 8. To adopt, promulgate, amend and rescind suitable rules and regulations to carry out the provisions of this article. 9. To recommend to the legislature and the governor legislative proposals for the benefit of members of the armed forces and veterans who are residents of this state, and their families. 10. To exercise and perform such other functions, powers and duties as may be deemed necessary to protect the interests and promote the welfare of members of the armed forces and veterans who are residents of this state, and their families. 11. To render each year to the governor and to the legislature a written report of the activities and recommendations of the division. 12. To make application to the government of the United States or any political subdivision, agency or instrumentality thereof, for funds for the purpose of acquiring lands for, establishing, operating and maintaining veteran's cemeteries in this state; to enter into contracts with any political subdivision, agency or instrumentality of the state for the establishment, operation and maintenance of veteran's cemeteries in this state; and to evaluate, monitor and otherwise oversee the operation of veteran's cemeteries provided, however, that all costs of such establishment, operation and maintenance shall be borne by the political subdivision, agency or instrumentality with which the division has contracted. 13. To make application to the government of the United States or any political subdivision, agency or instrumentality thereof, for funds for the purpose of providing an optional fund for the burial of honorably discharged veterans in any not-for-profit cemetery corporation in this state; provided, however, that all costs associated with the establishment of such optional fund shall be borne by the political subdivision, agency or instrumentality with which the division has contracted. 14. To establish, operate and maintain a toll-free telephone number, under the supervision of the state director, for the purpose of providing callers thereof with information relating to services provided by the division as well as services and programs provided to veterans by other agencies, bureaus and organizations. Such services and programs shall include, but not be limited to, educational and job benefits, tuition assistance programs, survivor benefits, health and mental health referrals and real property tax exemptions. 15. To develop, jointly with the commissioner of education, a form by which the parent or person in parental relation to a designated child may, should he or she so elect, report to the division that a parent of such child is a veteran of the armed forces who served in Vietnam during the Vietnam conflict. This form shall: (i) clearly state that the parent or person in parental relation is not required to provide the information requested and that the information will have no bearing upon the services the child will receive; (ii) state that the information will be used exclusively for research purposes and explain thoseresearch 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. 16. To establish and maintain the veterans' hall of fame with the assistance of the council. 17. To process all information received from nursing homes and residential health care facilities indicating veteran or veteran spouse status. Such processing shall occur by transmitting such information to state counselors for review and potential linkage to applicable benefits, including but not limited to federal aid and attendance and a federal improved pension program. State counselors shall work with county counselors or any accredited service officers of an organization chartered by the congress of the United States and/or recognized by the department of veterans affairs for claim representation as necessary and where appropriate. Such information shall be protected as personal confidential information under article six-A of the public officers law against disclosure of confidential material, and shall be used only to assist in providing linkage to applicable benefits and entitlements under federal and state law. 18. To include within the annual report as required by subdivision eleven of this section an accounting of the number of forms received from nursing homes and residential health care facilities and the specific number of veterans and spouses of veterans linked to applicable benefits, including, but not limited to federal aid and attendance and a federal improved pension program. Such report shall evaluate the average time taken by the division between receipt of such information, transmission to veterans counselors and linkage to available benefits. Such report shall also evaluate the effectiveness of the program and make recommendations for improvements as necessary. 19. To encourage the development of and to provide for the establishment of a state women veterans coordinator, as provided in section three hundred sixty-one-b of this article.
§ 353. General functions, powers and duties of division. The division, by and through the state director or his duty authorized officer or employee shall have the following functions, powers and duties: 1. To coordinate the program and activities of departments, divisions, boards, bureaus, commissions or agencies of the state or of any political subdivision of the state in providing services and facilities to members of the armed forces and to veterans who are residents of this state and their families. 2. To maintain liaison with other public officials and agencies concerned with the development or execution of plans for members of the armed forces and veterans who are residents of this state, and their families, and to assist in the development and execution of such plans. 3. To establish, direct and supervise a state veterans' service agency; and to create or designate other agencies of the division to aid and assist in the discharge of one or more of its functions, powers or duties under this article, and grant authority to such agencies as may be deemed necessary for the effective accomplishment of any of such functions, powers or duties. 4. To operate and maintain counseling services, rest camps and other agencies and institutions and to administer benefits and facilities for members of the armed forces and veterans who are residents of this state, and their families. 4-a. To provide seminars three times per year at locations throughout the state to advise veterans and their surviving spouses, who are age sixty-two or older, of veterans' benefits for which they may be eligible from the state and federal governments, and the means of obtaining such benefits. 4-b. To provide seminars three times per year at locations throughout the state to advise women veterans of their benefits for which they may be eligible from the state and federal governments, the means of obtaining such benefits and other topics, including, but not limited to, health care issues of specific interest to women veterans. 4-c. To provide in cooperation with the office of general services and the office of the comptroller a series of seminars, that shall be conducted four or more times per year at regional sites located throughout the state of New York for the purpose of advising veteran-owned businesses regarding the opportunities available for obtaining procurement contracts from New York state agencies, municipalities, and authorities. Furthermore the seminars shall provide requirements and training that will enable veteran-owned businesses to successfully participate in the procurement process. 5. To execute and assist in the execution of plans for the efficient utilization of the resources and facilities of the state in matters related to members of the armed forces and veterans who are residents of this state, and their families. 6. To make studies and analyses and develop and execute plans for assistance and benefits to members of the armed forces and veterans who are residents of this state, and their families, and the creation of agencies, institutions and facilities therefor. 7. To develop and encourage plans for the occupational reorientation of veterans who are residents of this state, including the determination and certification of civilian equivalents for military experience and the development and encouragement of on-the-job training and apprenticeship training programs. * 7-a. To provide information regarding resources that are available to assist veterans in establishing and sustaining a small business by maintaining a small business portal on the division's internet website. Such portal shall provide virtual links to appropriate governmentprograms including, but not limited to the United States department of veterans' affairs. The division may consult with the New York State Small Business Development Center and any other appropriate state agencies. The division shall make reference to this information in its newsletter, at the three seminars sponsored by the division pursuant to subdivisions four-a, four-b, and four-c of this section and the annual report to the governor and the legislature as provided in subdivision eleven of this section. Such information required under this subdivision shall be maintained and updated annually. The information may also be made available in printed form. * NB Effective November 28, 2010 8. To adopt, promulgate, amend and rescind suitable rules and regulations to carry out the provisions of this article. 9. To recommend to the legislature and the governor legislative proposals for the benefit of members of the armed forces and veterans who are residents of this state, and their families. 10. To exercise and perform such other functions, powers and duties as may be deemed necessary to protect the interests and promote the welfare of members of the armed forces and veterans who are residents of this state, and their families. 11. To render each year to the governor and to the legislature a written report of the activities and recommendations of the division. 12. To make application to the government of the United States or any political subdivision, agency or instrumentality thereof, for funds for the purpose of acquiring lands for, establishing, operating and maintaining veteran's cemeteries in this state; to enter into contracts with any political subdivision, agency or instrumentality of the state for the establishment, operation and maintenance of veteran's cemeteries in this state; and to evaluate, monitor and otherwise oversee the operation of veteran's cemeteries provided, however, that all costs of such establishment, operation and maintenance shall be borne by the political subdivision, agency or instrumentality with which the division has contracted. 13. To make application to the government of the United States or any political subdivision, agency or instrumentality thereof, for funds for the purpose of providing an optional fund for the burial of honorably discharged veterans in any not-for-profit cemetery corporation in this state; provided, however, that all costs associated with the establishment of such optional fund shall be borne by the political subdivision, agency or instrumentality with which the division has contracted. 14. To establish, operate and maintain a toll-free telephone number, under the supervision of the state director, for the purpose of providing callers thereof with information relating to services provided by the division as well as services and programs provided to veterans by other agencies, bureaus and organizations. Such services and programs shall include, but not be limited to, educational and job benefits, tuition assistance programs, survivor benefits, health and mental health referrals and real property tax exemptions. 15. To develop, jointly with the commissioner of education, a form by which the parent or person in parental relation to a designated child may, should he or she so elect, report to the division that a parent of such child is a veteran of the armed forces who served in Vietnam during the Vietnam conflict. This form shall: (i) clearly state that the parent or person in parental relation is not required to provide the information requested and that the information will have no bearing upon the services the child will receive; (ii) state that the information will be used exclusively for research purposes and explain thoseresearch 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. 16. To establish and maintain the veterans' hall of fame with the assistance of the council. 17. To process all information received from nursing homes and residential health care facilities indicating veteran or veteran spouse status. Such processing shall occur by transmitting such information to state counselors for review and potential linkage to applicable benefits, including but not limited to federal aid and attendance and a federal improved pension program. State counselors shall work with county counselors or any accredited service officers of an organization chartered by the congress of the United States and/or recognized by the department of veterans affairs for claim representation as necessary and where appropriate. Such information shall be protected as personal confidential information under article six-A of the public officers law against disclosure of confidential material, and shall be used only to assist in providing linkage to applicable benefits and entitlements under federal and state law. 18. To include within the annual report as required by subdivision eleven of this section an accounting of the number of forms received from nursing homes and residential health care facilities and the specific number of veterans and spouses of veterans linked to applicable benefits, including, but not limited to federal aid and attendance and a federal improved pension program. Such report shall evaluate the average time taken by the division between receipt of such information, transmission to veterans counselors and linkage to available benefits. Such report shall also evaluate the effectiveness of the program and make recommendations for improvements as necessary. 19. To encourage the development of and to provide for the establishment of a state women veterans coordinator, as provided in section three hundred sixty-one-b of this article.
§ 353. General functions, powers and duties of division. The division, by and through the state director or his duty authorized officer or employee shall have the following functions, powers and duties: 1. To coordinate the program and activities of departments, divisions, boards, bureaus, commissions or agencies of the state or of any political subdivision of the state in providing services and facilities to members of the armed forces and to veterans who are residents of this state and their families. 2. To maintain liaison with other public officials and agencies concerned with the development or execution of plans for members of the armed forces and veterans who are residents of this state, and their families, and to assist in the development and execution of such plans. 3. To establish, direct and supervise a state veterans' service agency; and to create or designate other agencies of the division to aid and assist in the discharge of one or more of its functions, powers or duties under this article, and grant authority to such agencies as may be deemed necessary for the effective accomplishment of any of such functions, powers or duties. 4. To operate and maintain counseling services, rest camps and other agencies and institutions and to administer benefits and facilities for members of the armed forces and veterans who are residents of this state, and their families. 4-a. To provide seminars three times per year at locations throughout the state to advise veterans and their surviving spouses, who are age sixty-two or older, of veterans' benefits for which they may be eligible from the state and federal governments, and the means of obtaining such benefits. 4-b. To provide seminars three times per year at locations throughout the state to advise women veterans of their benefits for which they may be eligible from the state and federal governments, the means of obtaining such benefits and other topics, including, but not limited to, health care issues of specific interest to women veterans. 4-c. To provide in cooperation with the office of general services and the office of the comptroller a series of seminars, that shall be conducted four or more times per year at regional sites located throughout the state of New York for the purpose of advising veteran-owned businesses regarding the opportunities available for obtaining procurement contracts from New York state agencies, municipalities, and authorities. Furthermore the seminars shall provide requirements and training that will enable veteran-owned businesses to successfully participate in the procurement process. 5. To execute and assist in the execution of plans for the efficient utilization of the resources and facilities of the state in matters related to members of the armed forces and veterans who are residents of this state, and their families. 6. To make studies and analyses and develop and execute plans for assistance and benefits to members of the armed forces and veterans who are residents of this state, and their families, and the creation of agencies, institutions and facilities therefor. 7. To develop and encourage plans for the occupational reorientation of veterans who are residents of this state, including the determination and certification of civilian equivalents for military experience and the development and encouragement of on-the-job training and apprenticeship training programs. * 7-a. To provide information regarding resources that are available to assist veterans in establishing and sustaining a small business by maintaining a small business portal on the division's internet website. Such portal shall provide virtual links to appropriate governmentprograms including, but not limited to the United States department of veterans' affairs. The division may consult with the New York State Small Business Development Center and any other appropriate state agencies. The division shall make reference to this information in its newsletter, at the three seminars sponsored by the division pursuant to subdivisions four-a, four-b, and four-c of this section and the annual report to the governor and the legislature as provided in subdivision eleven of this section. Such information required under this subdivision shall be maintained and updated annually. The information may also be made available in printed form. * NB Effective November 28, 2010 8. To adopt, promulgate, amend and rescind suitable rules and regulations to carry out the provisions of this article. 9. To recommend to the legislature and the governor legislative proposals for the benefit of members of the armed forces and veterans who are residents of this state, and their families. 10. To exercise and perform such other functions, powers and duties as may be deemed necessary to protect the interests and promote the welfare of members of the armed forces and veterans who are residents of this state, and their families. 11. To render each year to the governor and to the legislature a written report of the activities and recommendations of the division. 12. To make application to the government of the United States or any political subdivision, agency or instrumentality thereof, for funds for the purpose of acquiring lands for, establishing, operating and maintaining veteran's cemeteries in this state; to enter into contracts with any political subdivision, agency or instrumentality of the state for the establishment, operation and maintenance of veteran's cemeteries in this state; and to evaluate, monitor and otherwise oversee the operation of veteran's cemeteries provided, however, that all costs of such establishment, operation and maintenance shall be borne by the political subdivision, agency or instrumentality with which the division has contracted. 13. To make application to the government of the United States or any political subdivision, agency or instrumentality thereof, for funds for the purpose of providing an optional fund for the burial of honorably discharged veterans in any not-for-profit cemetery corporation in this state; provided, however, that all costs associated with the establishment of such optional fund shall be borne by the political subdivision, agency or instrumentality with which the division has contracted. 14. To establish, operate and maintain a toll-free telephone number, under the supervision of the state director, for the purpose of providing callers thereof with information relating to services provided by the division as well as services and programs provided to veterans by other agencies, bureaus and organizations. Such services and programs shall include, but not be limited to, educational and job benefits, tuition assistance programs, survivor benefits, health and mental health referrals and real property tax exemptions. 15. To develop, jointly with the commissioner of education, a form by which the parent or person in parental relation to a designated child may, should he or she so elect, report to the division that a parent of such child is a veteran of the armed forces who served in Vietnam during the Vietnam conflict. This form shall: (i) clearly state that the parent or person in parental relation is not required to provide the information requested and that the information will have no bearing upon the services the child will receive; (ii) state that the information will be used exclusively for research purposes and explain thoseresearch 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. 16. To establish and maintain the veterans' hall of fame with the assistance of the council. 17. To process all information received from nursing homes and residential health care facilities indicating veteran or veteran spouse status. Such processing shall occur by transmitting such information to state counselors for review and potential linkage to applicable benefits, including but not limited to federal aid and attendance and a federal improved pension program. State counselors shall work with county counselors or any accredited service officers of an organization chartered by the congress of the United States and/or recognized by the department of veterans affairs for claim representation as necessary and where appropriate. Such information shall be protected as personal confidential information under article six-A of the public officers law against disclosure of confidential material, and shall be used only to assist in providing linkage to applicable benefits and entitlements under federal and state law. 18. To include within the annual report as required by subdivision eleven of this section an accounting of the number of forms received from nursing homes and residential health care facilities and the specific number of veterans and spouses of veterans linked to applicable benefits, including, but not limited to federal aid and attendance and a federal improved pension program. Such report shall evaluate the average time taken by the division between receipt of such information, transmission to veterans counselors and linkage to available benefits. Such report shall also evaluate the effectiveness of the program and make recommendations for improvements as necessary. 19. To encourage the development of and to provide for the establishment of a state women veterans coordinator, as provided in section three hundred sixty-one-b of this article.
