senate Bill S5825

Signed By Governor
2013-2014 Legislative Session

Requires directors of county veterans service agencies to be accredited by the United States Department of Veterans Affairs

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Archive: Last Bill Status Via A6221 - Signed by Governor


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jul 31, 2013 signed chap.198
Jul 19, 2013 delivered to governor
Jun 20, 2013 returned to assembly
passed senate
3rd reading cal.1515
substituted for s5825
Jun 20, 2013 substituted by a6221c
ordered to third reading cal.1515
Jun 17, 2013 referred to rules

Votes

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S5825 - Bill Details

See Assembly Version of this Bill:
A6221C
Law Section:
Executive Law
Laws Affected:
Amd ยง357, Exec L

S5825 - Bill Texts

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Requires directors of county veterans service agencies to be accredited by the United States Department of Veterans Affairs.

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BILL NUMBER:S5825

TITLE OF BILL: An act to amend the executive law, in relation to
requiring directors of county veterans service agencies to be
accredited by the United States Department of Veterans Affairs

PURPOSE: This legislation will require directors of county veterans
service agencies to become accredited by the United States Department
of Veterans Affairs.

SUMMARY OF PROVISIONS: This bill would amend the executive law to:

1. Require current directors of a county or city veterans' service
agency within three years from the effective date of this measure to
take all necessary steps 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. Once the
director is notified of his or her accreditation, a copy of the
certificate shall be filed with the director of the Division of
Veterans' Affairs. The accreditation shall be maintained during the
duration of his or her status as a director.

2. Any county or city director hired after the effective date of this
statute shall take all necessary steps 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. Once the director is notified or
his or her accreditation, a copy of the certificate shall be filed
with the director of the Division of Veterans' Affairs. The
accreditation shall be maintained during the duration of his or her
status as a director.

3. During the time a director is working toward accreditation pursuant
to subdivision a and b, such individual may provide services to
veterans and their family members as defined in section three hundred
fifty-eight of the executive law other than the Preparation,
presentation, and prosecution of claims for benefits under federal
statues and regulations.

4. Section 2 is the effective date.

JUSTIFICATION: County executives and mayors have the right to appoint
directors of their own municipalities' veterans service agencies.
However, only accredited veterans service organization representatives
have access to the pertinent data from the Department of Veteran's
Affairs needed to process veterans' benefits claims. Therefore, it
would be of great benefit to the county/city offices and all New York
State veterans that the directors become accredited. This bill will
enhance the ability of veterans to get the state and the federal
benefits to which they are entitled in a more efficient and timely
manner.

LEGISLATIVE HISTORY.: This is a new bill.


FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: This act shall take effect on the thirtieth day after
it shall have become a law; provided that any rules and regulations
necessary for the timely implementation of this act on the effective
date shall be promulgated on or before such date.

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                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  5825

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              June 17, 2013
                               ___________

Introduced  by  Sen. MARTINS -- read twice and ordered printed, and when
  printed to be committed to the Committee on Rules

AN ACT to amend the executive law, in relation to requiring directors of
  county veterans service agencies to be accredited by the United States
  Department of Veterans Affairs

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 357 of the executive law is amended by adding a new
subdivision 3 to read as follows:
  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  APPLI-
CATION  FOR  ACCREDITATION  IS  APPROVED  BY  THE GENERAL COUNSEL OF THE
UNITED STATES DEPARTMENT OF VETERANS AFFAIRS AND THE APPLICANT IS  NOTI-
FIED 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 DIRECTOR OF THE DIVI-
SION. 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 DIRECTOR OF THE DIVISION 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
DIVISION MAY FULFILL THE REQUIREMENTS OF THIS SUBDIVISION.
  (B) ANY COUNTY OR CITY DIRECTOR HIRED AFTER THE EFFECTIVE DATE OF THIS
STATUTE  SHALL  TAKE  ALL STEPS NECESSARY TO BE ACCREDITED AS A VETERANS
SERVICE ORGANIZATION (VSO) REPRESENTATIVE WITHIN EIGHTEEN MONTHS OF SUCH

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09551-12-3

S. 5825                             2

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  APPLI-
CATION  FOR  ACCREDITATION  IS  APPROVED  BY  THE GENERAL COUNSEL OF THE
UNITED STATES DEPARTMENT OF VETERANS AFFAIRS AND THE APPLICANT IS  NOTI-
FIED 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 DIRECTOR OF THE DIVI-
SION. 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 DIRECTOR OF THE DIVISION 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
DIVISION MAY FULFILL THE REQUIREMENTS OF THIS SUBDIVISION.
  (C)  DURING THE TIME A DIRECTOR IS WORKING TOWARD ACCREDITATION PURSU-
ANT TO PARAGRAPHS (A) AND (B) OF THIS SUBDIVISION, SUCH  INDIVIDUAL  MAY
PROVIDE  SERVICES  TO  VETERANS  AND  THEIR FAMILY MEMBERS AS DEFINED IN
SECTION THREE HUNDRED FIFTY-EIGHT OF THIS ARTICLE OTHER THAN THE  PREPA-
RATION,  PRESENTATION,  AND  PROSECUTION  OF  CLAIMS  FOR BENEFITS UNDER
FEDERAL STATUTES AND REGULATIONS.
  S 2. This act shall take effect on the thirtieth day  after  it  shall
have become a law; provided that any rules and regulations necessary for
the  timely  implementation  of  this act on the effective date shall be
promulgated on or before such date.

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