S T A T E O F N E W Y O R K
________________________________________________________________________
8864
I N S E N A T E
May 30, 2018
___________
Introduced by Sen. SEPULVEDA -- 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.
§ 2. The executive law is amended by adding a new section 368-a to
read as follows:
§ 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:
(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.
LBD00716-11-8
S. 8864 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 COMMISSIONER OF THE OFFICE OF
GENERAL SERVICES, THE COMMISSIONER OF THE DEPARTMENT OF HEALTH, THE
COMMISSIONER OF THE OFFICE OF MENTAL HEALTH, THE COMMISSIONER OF THE
OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES, THE COMMISSIONER OF
THE DEPARTMENT OF LABOR, THE COMMISSIONER OF THE DIVISION 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 HERE-
UNDER.
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.
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
APRIL FIRST OF EACH YEAR, BEGINNING IN TWO THOUSAND TWENTY. SUCH REPORT
SHALL SUMMARIZE THE COUNCIL'S ACTIVITY DURING THE PREVIOUS FISCAL YEAR
AND DETAILING LEGISLATIVE RECOMMENDATIONS APPROPRIATE TO EFFECTUATE THE
S. 8864 3
PURPOSES OF THIS SECTION, AND ANY OTHER RECOMMENDATIONS FOR IMPROVING
SERVICE DELIVERY AND COORDINATION, REDUCING DUPLICATION AND FRAGMENTA-
TION 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.
§ 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.