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A04789 Summary:

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A04789 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         4789--A
                                                                Cal. No. 189
 
                               2015-2016 Regular Sessions
 
                   IN ASSEMBLY
 
                                    February 6, 2015
                                       ___________
 
        Introduced by M. of A. RAMOS, CUSICK, ORTIZ, MAGNARELLI, NOLAN, LUPARDO,
          TITONE,  SKARTADOS, OTIS, AUBRY, WEPRIN -- Multi-Sponsored by -- M. of
          A. PERRY, SIMON -- read once and referred to the Committee  on  Veter-
          ans'  Affairs  --  advanced  to  a  third reading, amended and ordered
          reprinted, retaining its place on the order of third reading
 
        AN ACT to amend the executive law, in relation to establishing  the  New
          York  state  interagency  coordinating  council  for  service-disabled
          veterans, defining the powers and duties of the council and  requiring
          an  annual report by the council to the governor, the temporary presi-
          dent of the senate and the speaker of the assembly
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1. Legislative intent. The legislature hereby recognizes that
     2  New York state's veterans, particularly those who  suffered  service-re-
     3  lated disabilities, have unique needs as a result of the sacrifices they
     4  made  during  their  military service. It is also hereby acknowledged by
     5  the legislature that due to the complexity of their needs, such individ-
     6  uals require accessible, coordinated, and  specialized  services  within
     7  their  communities  from multiple state and local agencies. The legisla-
     8  ture finds that there is an immediate need for a statewide comprehensive
     9  program to coordinate such services.
    10    § 2. The executive law is amended by adding a  new  section  368-a  to
    11  read as follows:
    12    §  368-a. New York state interagency coordinating council for service-
    13  disabled veterans. There is hereby established the New York state inter-
    14  agency coordinating council for service-disabled veterans in the  execu-
    15  tive  department  to  have and exercise the functions, powers and duties
    16  provided by the provisions of this section and any  other  provision  of
    17  law.
    18    1. As used in this section the following terms shall mean:
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08300-02-6
        A. 4789--A                          2
 
     1    (a)  "council" means the New York state interagency coordinating coun-
     2  cil for service-disabled veterans;
     3    (b)  "veteran" means a person, male or female, resident of this state,
     4  who has served in the active military, naval,  or  air  service  of  the
     5  United  States  during  a war in which the United States engaged and who
     6  has been released from  such  service  otherwise  than  by  dishonorable
     7  discharge, or who has been furloughed to the reserve; and
     8    (c)  "service-disabled veteran" means a veteran with a disability that
     9  was incurred or aggravated in the line of duty in the  active  military,
    10  naval, or air service.
    11    2.  The  council  shall  consist  of the following ten agency heads or
    12  their designees: director of the  division  of  veterans'  affairs,  who
    13  shall  serve  as chair of the council, the adjutant general of the divi-
    14  sion of military and naval affairs, the commissioner of  the  department
    15  of  health, the commissioner of the office of mental health, the commis-
    16  sioner of the office of alcoholism and  substance  abuse  services,  the
    17  commissioner  of  the department of labor, the commissioner of the divi-
    18  sion of housing and community renewal, the commissioner of the education
    19  department, the commissioner of the department  of  transportation,  and
    20  the director of the office for the aging. In addition, the council shall
    21  consist  of nine service-disabled veterans, three to be appointed by the
    22  governor, two to be appointed by the temporary president of the  senate,
    23  two  to be appointed by the speaker of the assembly, one to be appointed
    24  by the minority leader of the senate and one  to  be  appointed  by  the
    25  minority  leader of the assembly. The members of the council shall serve
    26  terms of two  years;  provided,  however,  that  of  the  members  first
    27  appointed,  the  members appointed by the governor shall serve for terms
    28  of three years and the remaining members, appointed by  the  legislative
    29  leaders,  shall  serve  for  terms  of two years. Members of the council
    30  shall receive no compensation for their services but  shall  be  allowed
    31  their actual and necessary expenses incurred in the performance of their
    32  functions hereunder.
    33    3. The council shall have the following powers and duties:
    34    (a) to promote the implementation of a comprehensive statewide program
    35  of coordinated services for service-disabled veterans that includes: (1)
    36  matters  pertaining  to educational training and retraining services and
    37  facilities, (2) health, medical and rehabilitation services and  facili-
    38  ties, (3) employment and re-employment services including small business
    39  opportunities, (4) housing options, (5) transportation options, (6) long
    40  term  care,  (7)  personal  care,  (8)  day program services, (9) family
    41  outreach and  (10)  other  essential  services  that  maximize  existing
    42  resources and administrative mechanisms;
    43    (b)  to  disseminate  general  information about available services to
    44  service-disabled veterans and how such services can  be  accessed.  Such
    45  information shall be posted on the division's website or be available in
    46  printed form;
    47    (c) to receive complaints in matters affecting service-disabled veter-
    48  ans  and to refer such complaints to the appropriate regulatory agencies
    49  where it deems necessary or appropriate; and
    50    (d) to conduct an ongoing evaluation of the needs of  service-disabled
    51  veterans.
    52    4.  The  council  shall  meet as necessary to carry out its functions,
    53  powers and duties, but such meetings shall  occur  at  least  once  each
    54  quarter. Furthermore, the council shall seek to consult with the network
    55  directors  of  the veterans integrated service networks, VISN 2 and VISN
    56  3.
        A. 4789--A                          3
 
     1    5. The council shall provide a report to the governor,  the  temporary
     2  president  of  the  senate  and the speaker of the assembly on or before
     3  September first of each year, beginning in two thousand seventeen.  Such
     4  report shall summarize the council's activity during the previous fiscal
     5  year and detailing legislative recommendations appropriate to effectuate
     6  the  purposes of this section, and any other recommendations for improv-
     7  ing service delivery and coordination, reducing duplication and fragmen-
     8  tation and facilitating the most efficient use  of  existing  resources.
     9  Such  report shall also include a proposed agenda consisting of specific
    10  issues that the council plans to address during the current fiscal year.
    11    § 3. This act shall take effect on the ninetieth day  after  it  shall
    12  have  become  a  law; provided, however, that effective immediately, the
    13  addition, amendment and/or repeal of any rule  or  regulation  necessary
    14  for  the implementation of this act on its effective date are authorized
    15  and directed to be made and completed on or before such effective date.