Assembly Bill A4789A

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

                                 4789--A
                                                        Cal. No. 189

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            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:

  Section  1. Legislative intent. The legislature hereby recognizes that
New York state's veterans, particularly those who  suffered  service-re-
lated disabilities, have unique needs as a result of the sacrifices they
made  during  their  military service. It is also hereby acknowledged by
the legislature that due to the complexity of their needs, such individ-
uals require accessible, coordinated, and  specialized  services  within
their  communities  from multiple state and local agencies. The legisla-
ture finds that there is an immediate need for a statewide comprehensive
program to coordinate such services.
  S 2. The executive law is amended by adding a  new  section  368-a  to
read as follows:
  S  368-A. NEW YORK STATE INTERAGENCY COORDINATING COUNCIL FOR SERVICE-
DISABLED VETERANS. THERE IS HEREBY ESTABLISHED THE NEW YORK STATE INTER-
AGENCY COORDINATING COUNCIL FOR SERVICE-DISABLED VETERANS IN THE  EXECU-
TIVE  DEPARTMENT  TO  HAVE AND EXERCISE THE FUNCTIONS, POWERS AND DUTIES
PROVIDED BY THE PROVISIONS OF THIS SECTION AND ANY  OTHER  PROVISION  OF
LAW.
  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

  (A)  "COUNCIL" MEANS THE NEW YORK STATE INTERAGENCY COORDINATING COUN-
CIL FOR SERVICE-DISABLED VETERANS;
  (B)  "VETERAN" MEANS A PERSON, MALE OR FEMALE, RESIDENT OF THIS STATE,
WHO HAS SERVED IN THE ACTIVE MILITARY, NAVAL,  OR  AIR  SERVICE  OF  THE
UNITED  STATES  DURING  A WAR IN WHICH THE UNITED STATES ENGAGED AND WHO
HAS BEEN RELEASED FROM  SUCH  SERVICE  OTHERWISE  THAN  BY  DISHONORABLE
DISCHARGE, OR WHO HAS BEEN FURLOUGHED TO THE RESERVE; AND
  (C)  "SERVICE-DISABLED VETERAN" MEANS A VETERAN WITH A DISABILITY THAT
WAS INCURRED OR AGGRAVATED IN THE LINE OF DUTY IN THE  ACTIVE  MILITARY,
NAVAL, OR AIR SERVICE.
  2.  THE  COUNCIL  SHALL  CONSIST  OF THE FOLLOWING TEN AGENCY HEADS OR
THEIR DESIGNEES: DIRECTOR OF THE  DIVISION  OF  VETERANS'  AFFAIRS,  WHO
SHALL  SERVE  AS CHAIR OF THE COUNCIL, THE ADJUTANT GENERAL OF THE DIVI-
SION OF MILITARY AND NAVAL AFFAIRS, THE COMMISSIONER OF  THE  DEPARTMENT
OF  HEALTH, THE COMMISSIONER OF THE OFFICE OF MENTAL HEALTH, THE COMMIS-
SIONER OF THE OFFICE OF ALCOHOLISM AND  SUBSTANCE  ABUSE  SERVICES,  THE
COMMISSIONER  OF  THE DEPARTMENT OF LABOR, THE COMMISSIONER OF THE DIVI-
SION OF HOUSING AND COMMUNITY RENEWAL, THE COMMISSIONER OF THE EDUCATION
DEPARTMENT, THE COMMISSIONER OF THE DEPARTMENT  OF  TRANSPORTATION,  AND
THE DIRECTOR OF THE OFFICE FOR THE AGING. IN ADDITION, THE COUNCIL SHALL
CONSIST  OF NINE SERVICE-DISABLED VETERANS, THREE TO BE APPOINTED BY THE
GOVERNOR, TWO TO BE APPOINTED BY THE TEMPORARY PRESIDENT OF THE  SENATE,
TWO  TO BE APPOINTED BY THE SPEAKER OF THE ASSEMBLY, ONE TO BE APPOINTED
BY THE MINORITY LEADER OF THE SENATE AND ONE  TO  BE  APPOINTED  BY  THE
MINORITY  LEADER OF THE ASSEMBLY. THE MEMBERS OF THE COUNCIL SHALL SERVE
TERMS OF TWO  YEARS;  PROVIDED,  HOWEVER,  THAT  OF  THE  MEMBERS  FIRST
APPOINTED,  THE  MEMBERS APPOINTED BY THE GOVERNOR SHALL SERVE FOR TERMS
OF THREE YEARS AND THE REMAINING MEMBERS, APPOINTED BY  THE  LEGISLATIVE
LEADERS,  SHALL  SERVE  FOR  TERMS  OF TWO YEARS. MEMBERS OF THE COUNCIL
SHALL RECEIVE NO COMPENSATION FOR THEIR SERVICES BUT  SHALL  BE  ALLOWED
THEIR ACTUAL AND NECESSARY EXPENSES INCURRED IN THE PERFORMANCE OF THEIR
FUNCTIONS HEREUNDER.
  3. THE COUNCIL SHALL HAVE THE FOLLOWING POWERS AND DUTIES:
  (A) TO PROMOTE THE IMPLEMENTATION OF A COMPREHENSIVE STATEWIDE PROGRAM
OF COORDINATED SERVICES FOR SERVICE-DISABLED VETERANS THAT INCLUDES: (1)
MATTERS  PERTAINING  TO EDUCATIONAL TRAINING AND RETRAINING SERVICES AND
FACILITIES, (2) HEALTH, MEDICAL AND REHABILITATION SERVICES AND  FACILI-
TIES, (3) EMPLOYMENT AND RE-EMPLOYMENT SERVICES INCLUDING SMALL BUSINESS
OPPORTUNITIES, (4) HOUSING OPTIONS, (5) TRANSPORTATION OPTIONS, (6) LONG
TERM  CARE,  (7)  PERSONAL  CARE,  (8)  DAY PROGRAM SERVICES, (9) FAMILY
OUTREACH AND  (10)  OTHER  ESSENTIAL  SERVICES  THAT  MAXIMIZE  EXISTING
RESOURCES AND ADMINISTRATIVE MECHANISMS;
  (B)  TO  DISSEMINATE  GENERAL  INFORMATION ABOUT AVAILABLE SERVICES TO
SERVICE-DISABLED VETERANS AND HOW SUCH SERVICES CAN  BE  ACCESSED.  SUCH
INFORMATION SHALL BE POSTED ON THE DIVISION'S WEBSITE OR BE AVAILABLE IN
PRINTED FORM;
  (C) TO RECEIVE COMPLAINTS IN MATTERS AFFECTING SERVICE-DISABLED VETER-
ANS  AND TO REFER SUCH COMPLAINTS TO THE APPROPRIATE REGULATORY AGENCIES
WHERE IT DEEMS NECESSARY OR APPROPRIATE; AND
  (D) TO CONDUCT AN ONGOING EVALUATION OF THE NEEDS OF  SERVICE-DISABLED
VETERANS.
  4.  THE  COUNCIL  SHALL  MEET AS NECESSARY TO CARRY OUT ITS FUNCTIONS,
POWERS AND DUTIES, BUT SUCH MEETINGS SHALL  OCCUR  AT  LEAST  ONCE  EACH
QUARTER. FURTHERMORE, THE COUNCIL SHALL SEEK TO CONSULT WITH THE NETWORK
DIRECTORS  OF  THE VETERANS INTEGRATED SERVICE NETWORKS, VISN 2 AND VISN
3.

A. 4789--A                          3

  5. THE COUNCIL SHALL PROVIDE A REPORT TO THE GOVERNOR,  THE  TEMPORARY
PRESIDENT  OF  THE  SENATE  AND THE SPEAKER OF THE ASSEMBLY ON OR BEFORE
SEPTEMBER FIRST OF EACH YEAR, BEGINNING IN TWO THOUSAND SEVENTEEN.  SUCH
REPORT SHALL SUMMARIZE THE COUNCIL'S ACTIVITY DURING THE PREVIOUS FISCAL
YEAR AND DETAILING LEGISLATIVE RECOMMENDATIONS APPROPRIATE TO EFFECTUATE
THE  PURPOSES OF THIS SECTION, AND ANY OTHER RECOMMENDATIONS FOR IMPROV-
ING SERVICE DELIVERY AND COORDINATION, REDUCING DUPLICATION AND FRAGMEN-
TATION AND FACILITATING THE MOST EFFICIENT USE  OF  EXISTING  RESOURCES.
SUCH  REPORT SHALL ALSO INCLUDE A PROPOSED AGENDA CONSISTING OF SPECIFIC
ISSUES THAT THE COUNCIL PLANS TO ADDRESS DURING THE CURRENT FISCAL YEAR.
  S 3. This act shall take effect on the ninetieth day  after  it  shall
have  become  a  law; provided, however, that effective immediately, the
addition, amendment and/or repeal of any rule  or  regulation  necessary
for  the implementation of this act on its effective date are authorized
and directed to be made and completed on or before such effective date.