NY State Senate Bill 2013-S5825

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

download bill text pdf

Archive: Last Bill Status Via A6221 - Signed by Governor

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

	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

- Jun 20, 2013 - Floor Vote
  A6221
  
  63
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 20, 2013
      
      aye (63)
      
      Adams
      
      Addabbo Jr.
      
      Avella
      
      Ball
      
      Bonacic
      
      Boyle
      
      Breslin
      
      Carlucci
      
      DeFrancisco
      
      Diaz
      
      Dilan
      
      Espaillat
      
      Farley
      
      Felder
      
      Flanagan
      
      Fuschillo
      
      Gallivan
      
      Gianaris
      
      Gipson
      
      Golden
      
      Griffo
      
      Grisanti
      
      Hannon
      
      Hassell-Thompson
      
      Hoylman-Sigal
      
      Kennedy
      
      Klein
      
      Krueger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Latimer
      
      Libous
      
      Little
      
      Marcellino
      
      Marchione
      
      Martins
      
      Maziarz
      
      Montgomery
      
      Nozzolio
      
      O'Brien
      
      O'Mara
      
      Parker
      
      Peralta
      
      Perkins
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Sampson
      
      Sanders Jr.
      
      Savino
      
      Serrano
      
      Seward
      
      Skelos
      
      Smith
      
      Squadron
      
      Stavisky
      
      Stewart-Cousins
      
      Tkaczyk
      
      Valesky
      
      Young
      
      Zeldin
  Jun 20, 2013 - Rules Committee Vote
  S5825
  
  24
  
  Aye
  
  0
  
  Nay
  
  1
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: Jun 20, 2013
      
      aye (24)
      
      Bonacic
      
      Breslin
      
      Carlucci
      
      Dilan
      
      Espaillat
      
      Farley
      
      Flanagan
      
      Fuschillo
      
      Gianaris
      
      Hannon
      
      Krueger
      
      LaValle
      
      Larkin
      
      Libous
      
      Marcellino
      
      Maziarz
      
      Montgomery
      
      Nozzolio
      
      Parker
      
      Perkins
      
      Seward
      
      Skelos
      
      Stewart-Cousins
      
      Valesky
      
      aye wr (1)
      
      Hassell-Thompson

2013-S5825 (ACTIVE) - Details

See Assembly Version of this Bill:: A6221
Law Section:: Executive Law
Laws Affected:: Amd §357, Exec L

2013-S5825 (ACTIVE) - Summary

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

2013-S5825 (ACTIVE) - Sponsor Memo

                                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.

2013-S5825 (ACTIVE) - Bill Text download pdf

                            
                    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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