S T A T E   O F   N E W   Y O R K
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                                  7112

                            I N  S E N A T E

                             March 12, 2010
                               ___________

Introduced  by  Sen.  ADAMS  -- read twice and ordered printed, and when
  printed to be committed to the Committee on Veterans, Homeland Securi-
  ty and Military Affairs

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 to  read
as follows:
  S   368.   NEW   YORK   STATE  INTERAGENCY  COORDINATING  COUNCIL  FOR
SERVICE-DISABLED VETERANS. THERE IS  HEREBY  ESTABLISHED  THE  NEW  YORK
STATE  INTERAGENCY COORDINATING COUNCIL FOR SERVICE-DISABLED VETERANS IN
THE EXECUTIVE 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:
  (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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11415-06-0
              

S. 7112                             2

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;
  (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.
  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 ELEVEN. 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-

S. 7112                             3

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.