S T A T E O F N E W Y O R K
________________________________________________________________________
8277--A
I N S E N A T E
June 18, 2010
___________
Introduced by Sens. HANNON, LARKIN, McDONALD, PADAVAN, BONACIC, DeFRAN-
CISCO, FLANAGAN, FUSCHILLO, O. JOHNSON, LANZA, LAVALLE, LIBOUS,
LITTLE, MARCELLINO, MAZIARZ, MORAHAN, NOZZOLIO, RANZENHOFER, ROBACH,
SEWARD, VOLKER, YOUNG -- read twice and ordered printed, and when
printed to be committed to the Committee on Rules -- committee
discharged, bill amended, ordered reprinted as amended and recommitted
to said committee
AN ACT to amend the executive law, in relation to establishing a "veter-
ans' bill of rights" directing the division of veterans' affairs to
provide for the establishment and certification of veterans' services
outreach programs
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The executive law is amended by adding two new sections
353-a and 361-c to read as follows:
S 353-A. VETERANS' BILL OF RIGHTS. 1. THE DIVISION SHALL ESTABLISH,
PRINT, PUBLISH AND DISTRIBUTE A VETERANS' BILL OF RIGHTS. SUCH BILL OF
RIGHTS SHALL INCLUDE THE FOLLOWING OR SUBSTANTIALLY SIMILAR TEXT:
"VETERANS' BILL OF RIGHTS
YOU AS A VETERAN HAVE A RIGHT:
(A) TO APPLY FOR VETERANS' BENEFITS;
(B) TO RECEIVE ASSISTANCE FROM YOUR LOCAL VETERANS' SERVICE AGENCY AND
THE NEW YORK STATE DIVISION OF VETERANS' AFFAIRS;
(C) TO RECEIVE AN EXPLANATION OF THE SERVICES AND BENEFITS AVAILABLE
UNDER FEDERAL AND NEW YORK STATE LAWS, RULES AND REGULATIONS;
(D) TO RECEIVE WRITTEN NOTICE AND AN EXPLANATION OF THE APPROVAL OR
DENIAL OF YOUR APPLICATION FOR BENEFITS AVAILABLE UNDER NEW YORK STATE
LAW;
(E) TO BE TREATED WITH DIGNITY AND RESPECT;
(F) TO APPEAL ANY ADVERSE DETERMINATION OR DENIAL OF YOUR APPLICATION
FOR SERVICES OR BENEFITS AVAILABLE UNDER NEW YORK STATE LAW;
(G) TO EXPECT CONFIDENTIALITY;
(H) TO RECEIVE FAIR AND EQUAL TREATMENT WITHOUT REGARD TO SEX, RACE,
RELIGION, DISABILITY, ETHNICITY OR NATIONAL ORIGIN; AND
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD17780-04-0
S. 8277--A 2
(I) TO BE INFORMED OF ASSISTANCE PROVIDED TO VETERANS RELATING TO:
(1) COLLEGE ASSISTANCE,
(2) MENTAL HEALTH COUNSELING,
(3) HEALTH BENEFITS INCLUDING, BUT NOT LIMITED TO, WOMEN VETERANS'
HEALTH,
(4) SEXUAL TRAUMA,
(5) FAMILY ASSISTANCE PROGRAMS,
(6) HOUSING,
(7) DOMESTIC VIOLENCE,
(8) SUICIDE PREVENTION, AND
(9) SUPPORT GROUPS."
2. THE DIVISION SHALL MAKE THE VETERANS' BILL OF RIGHTS AVAILABLE ON
THE INTERNET WEBSITE MAINTAINED BY THE DIVISION, AT ALL OFFICES OF THE
DIVISION, AT ALL LOCAL VETERANS' SERVICES AGENCIES, AT EVERY VETERANS'
SERVICES OUTREACH PROGRAM AND AT EVERY STATE AND LOCAL AGENCY WHICH
PROVIDES SERVICES, BENEFITS OR ASSISTANCE TO VETERANS.
S 361-C. VETERANS' SERVICES OUTREACH PROGRAMS. 1. THE DIVISION SHALL
PROVIDE FOR THE ESTABLISHMENT OF VETERANS' SERVICES OUTREACH PROGRAMS
THROUGHOUT THE STATE. SUCH PROGRAMS SHALL PROVIDE VETERANS WITH INFORMA-
TION ON, ASSISTANCE WITH AND REFERRAL TO PROGRAMS WHICH PROVIDE SERVICES
AND BENEFITS THAT VETERANS ARE ELIGIBLE TO RECEIVE. EACH VETERANS'
SERVICES OUTREACH PROGRAM SHALL COOPERATE AND COORDINATE WITH, ON BEHALF
OF VETERANS, THE DIVISION, THE FEDERAL VETERANS' ADMINISTRATION, LOCAL
VETERANS' SERVICES AGENCIES, THE SURROUNDING MUNICIPALITIES AND COMMUNI-
TIES, AND STATE AND LOCAL AGENCIES WHICH PROVIDE SERVICES, BENEFITS OR
ASSISTANCE TO VETERANS.
2. THE DIVISION SHALL CONTRACT WITH AND CERTIFY QUALIFIED NOT-FOR-PRO-
FIT ORGANIZATIONS FOR THE OPERATION OF VETERANS' SERVICES OUTREACH
PROGRAMS. ANY NOT-FOR-PROFIT ORGANIZATION WITH QUALIFIED PERSONNEL, AND
SUITABLE FACILITIES, PROGRAMS AND EXPERTISE MAY APPLY TO THE STATE
DIRECTOR FOR CERTIFICATION AS A VETERANS' SERVICES OUTREACH PROGRAM.
SUCH APPLICATION SHALL BE SUBMITTED ON A FORM ESTABLISHED BY THE DIVI-
SION AND SHALL CONTAIN SUCH INFORMATION AND PROOF AS SHALL BE DETERMINED
TO BE NECESSARY BY THE STATE DIRECTOR. UPON CERTIFICATION OF A NOT-FOR-
PROFIT ORGANIZATION AS A VETERANS' SERVICES OUTREACH PROGRAM, THE DIVI-
SION SHALL ENTER INTO A CONTRACT WITH SUCH ORGANIZATION FOR THE
PROVISION OF VETERANS' OUTREACH SERVICES.
3. VETERANS' SERVICES OUTREACH PROGRAMS SHALL PROVIDE SERVICES, COUN-
SELING, INFORMATION AND REFERRAL SERVICES TO VETERANS TO THE GREATEST
EXTENT OF EACH VETERAN'S NEED OR ELIGIBILITY, INCLUDING REFERRAL TO
AGENCIES PROVIDING PUBLIC ASSISTANCE BENEFITS AND SERVICES. HOWEVER,
UNDER NO CIRCUMSTANCES SHALL ANY SUCH PROGRAM ENGAGE IN THE ACCEPTANCE
OR PROCESSING OF ANY CLAIM FOR ASSISTANCE OR COMPENSATION, BUT SHALL
PROVIDE VETERANS WITH REFERRALS TO THE APPROPRIATE AGENCIES FOR THE
PROCESSING OF ANY SUCH CLAIM.
S 2. This act shall take effect on the first of January next succeed-
ing the date on which it shall have become a law; provided that effec-
tive immediately, any action necessary to implement the provisions of
this act on its effective date is authorized to be completed on or
before such effective date.