§ 4. General functions, powers and duties of department. The
department, by and through the state commissioner or his or her duly
authorized officer or employee, shall have the following functions,
powers and duties:

1. To coordinate the program and activities of departments, divisions,
boards, bureaus, commissions or agencies of the state or of any
political subdivision of the state in providing services and facilities
to members of the uniformed services and to veterans who are residents
of this state and their families.

2. To maintain liaison with other public officials and agencies
concerned with the development or execution of plans for members of the
uniformed services and veterans who are residents of this state, and
their families, and to assist in the development and execution of such
plans.

3. To establish, direct and supervise a state veterans' services
agency; and to create or designate other agencies of the department to
aid and assist in the discharge of one or more of its functions, powers
or duties under this article, and grant authority to such agencies as
may be deemed necessary for the effective accomplishment of any of such
functions, powers or duties.

4. To operate and maintain veterans benefits advisement and to
administer benefits for members of the uniformed services and veterans
who are residents of this state, and their families.

5. To provide seminars three times per year at locations throughout
the state to advise veterans and their surviving spouses, who are age
sixty-two or older, of veterans' benefits for which they may be eligible
from the state and federal governments, and the means of obtaining such
benefits.

6. To provide seminars three times per year at locations throughout
the state to advise women veterans of their benefits for which they may
be eligible from the state and federal governments, the means of
obtaining such benefits and other topics, including, but not limited to,
health care issues of specific interest to women veterans.

7. To provide in cooperation with the office of general services and
the office of the comptroller a series of seminars, that shall be
conducted four or more times per year at regional sites located
throughout the state of New York for the purpose of advising
veteran-owned businesses regarding the opportunities available for
obtaining procurement contracts from New York state agencies,
municipalities, and authorities. Furthermore the seminars shall provide
requirements and training that will enable veteran-owned businesses to
successfully participate in the procurement process.

8. To execute and assist in the execution of plans for the efficient
utilization of the resources and facilities of the state in matters
related to members of the uniformed services and veterans who are
residents of this state, and their families.

9. To make studies and analyses and develop and execute plans for
assistance and benefits to members of the uniformed services and
veterans who are residents of this state, and their families, and the
creation of agencies, institutions and facilities therefor.

10. To prepare and submit a report, in consultation with the office of
temporary and disability assistance, department of labor, and office of
children and family services to determine the number of homeless persons
in New York state that are veterans. Such report shall include, but not
be limited to, the following information to the extent it is reasonably
accessible to the department: (a) an analysis of veterans in New York
state who are currently homeless, or have been homeless within five
years of being released from active duty including an analysis of gender
as it relates to homelessness of veterans; (b) data on the number of
children of homeless veterans, including the current placement of such
children; (c) cases of military sexual trauma experienced by homeless
veterans while on active duty or during military training, including a
breakdown of the collected data based upon the gender of the victim; and
(d) the unemployment rate for New York state veterans. The term
"children of homeless veterans" shall mean a person who is unmarried and
who is under the age of eighteen years, and is the biological or legally
adopted child of a veteran. The report shall be delivered to the
governor, the speaker of the assembly and the temporary president of the
senate by June thirtieth, two thousand twenty and every three years
thereafter. Such report shall be publicly available and posted on the
department of veterans' services website.

11. To develop and encourage plans for the occupational reorientation
of veterans who are residents of this state, including the determination
and certification of civilian equivalents for military experience and
the development and encouragement of on-the-job training and
apprenticeship training programs. Furthermore, the department shall
provide an internet connection to correlate military occupations and
skills into civilian translations and terms.

12. To provide information regarding resources that are available to
assist veterans in establishing and sustaining a small business by
maintaining a small business portal on the department's internet
website. Such portal shall provide virtual links to appropriate
government programs including, but not limited to the United States
Department of Veterans' Affairs. The department may consult with the New
York State Small Business Development Center and any other appropriate
state agencies. The department shall make reference to this information
in its newsletter, at the three seminars sponsored by the department
pursuant to subdivisions five, six, and seven of this section and the
annual report to the governor and the legislature as provided in
subdivision seventeen of this section. Such information required under
this subdivision shall be maintained and updated annually. The
information may also be made available in printed form.

13. To provide information regarding resources that are available to
assist veterans in obtaining employment by maintaining a veterans'
employment portal on the department's internet website. Such portal
shall provide virtual links to appropriate governmental programs on the
federal and state level, including, but not limited to the United States
department of labor and the New York state department of labor. The
department may consult with members of the community devoted to helping
veterans obtain employment. The department shall make reference to this
information pursuant to subdivisions five, six, and seven of this
section and the annual report to the governor and the legislature as
provided in subdivision seventeen of this section. Such information
required under this subdivision shall be maintained and updated
annually. The information may also be made available in printed form.

14. To adopt, promulgate, amend and rescind suitable rules and
regulations to carry out the provisions of this article.

15. To recommend to the legislature and the governor legislative
proposals for the benefit of members of the uniformed services and
veterans who are residents of this state, and their families.

16. To exercise and perform such other functions, powers and duties as
may be deemed necessary to protect the interests and promote the welfare
of members of the uniformed services and veterans who are residents of
this state, and their families.

17. To render each year to the governor and to the legislature a
written report of the activities and recommendations of the department.

18. (a) For the purpose of providing for the construction,
establishment, expansion, improvement, support, operation, maintenance
and the provision of perpetual care for state veterans' cemeteries, to
seek funding from, and make application for funding to:

(1) the government of the United States, including any agency or
public authority thereof;

(2) the government of the state of New York, including any agency or
public authority thereof;

(3) any political subdivision of the government of the state of New
York, including any agency or public authority thereof; or

(4) any private individual, corporation or foundation;

(b) Pursuant to section twenty-three of this article, to provide for
the construction, establishment, expansion, improvement, support,
operation, maintenance and the provision of perpetual care for state
veterans cemeteries;

(c) To expend moneys from the veterans remembrance and cemetery
maintenance and operation fund, established pursuant to section
ninety-seven-mmmm of the state finance law; and

(d) To evaluate, monitor and otherwise oversee the operation of
veterans cemeteries in this state.

19. To make application to the government of the United States or any
political subdivision, agency or instrumentality thereof, for funds for
the purpose of providing an optional fund for the burial of veterans who
(i) were honorably discharged or (ii) had a qualifying condition, as
defined in section one of this article, and received a discharge other
than bad conduct or dishonorable, or (iii) were a discharged LGBT
veteran, as defined in section one of this article, and received a
discharge other than bad conduct or dishonorable, in any not-for-profit
cemetery corporation in this state; provided, however, that all costs
associated with the establishment of such optional fund shall be borne
by the political subdivision, agency or instrumentality with which the
department has contracted.

20. To establish, operate and maintain a toll-free telephone number,
under the supervision of the state commissioner, for the purpose of
providing callers thereof with information relating to services provided
by the department as well as services and programs provided to veterans
by other agencies, bureaus and organizations. Such services and programs
shall include, but not be limited to, educational and job benefits,
tuition assistance programs, survivor benefits, health and mental health
referrals and real property tax exemptions.

21. To establish, operate and maintain a free mobile application,
under the supervision of the state commissioner, for the purposes of
providing veterans and their family members with information, available
on a region-specific basis, relating to services provided by the
department as well as services and programs provided to veterans by
other state agencies, the federal government, and other organizations.
Such services and programs shall include, but not be limited to
educational and job benefits, tuition assistance programs, survivor
benefits, health and mental health referrals, and real property tax
exemptions. The department's website shall contain a link to the free
mobile application.

22. To develop, jointly with the commissioner of education, a form by
which the parent or person in parental relation to a designated child
may, should he or she so elect, report to the department that a parent
of such child is a veteran of the uniformed services who served in
Vietnam during the Vietnam conflict. This form shall: (i) clearly state
that the parent or person in parental relation is not required to
provide the information requested and that the information will have no
bearing upon the services the child will receive; (ii) state that the
information will be used exclusively for research purposes and explain
those research purposes in plain language; and (iii) provide the address
to which the form is to be mailed, should the parent or person in
parental relation elect to make such report. For the purposes of this
subdivision, the term "designated child" shall mean a child designated
by a school district committee on special education pursuant to section
forty-four hundred two of the education law as either learning disabled
or emotionally disturbed.

23. To process all information received from nursing homes and
residential health care facilities, including assisted living and
assisted living residences as defined in section forty-six hundred
fifty-one of the public health law, and adult care facilities authorized
under title two of article seven of the social services law, indicating
veteran or veteran spouse status. Such processing shall occur by
transmitting such information to veterans benefits advisors for review
and potential linkage to applicable benefits, including but not limited
to federal aid and attendance and a federal improved pension program.
Veterans benefits advisors shall work with county veterans service
officers or any accredited service officers of an organization chartered
by the congress of the United States and/or recognized by the department
of veterans affairs for claim representation as necessary and where
appropriate. Such information shall be protected as personal
confidential information under article six-A of the public officers law
against disclosure of confidential material, and shall be used only to
assist in providing linkage to applicable benefits and entitlements
under federal and state law.

24. To include within the annual report as required by subdivision
seventeen of this section an accounting of the number of forms received
from nursing homes and residential health care facilities, including
assisted living and assisted living residences as defined in section
forty-six hundred fifty-one of the public health law, and adult care
facilities authorized under title two of article seven of the social
services law, and the specific number of veterans and spouses of
veterans linked to applicable benefits, including, but not limited to
federal aid and attendance and a federal improved pension program. Such
report shall evaluate the average time taken by the department between
receipt of such information, transmission to veterans benefits advisors
and linkage to available benefits. Such report shall also evaluate the
effectiveness of the program and make recommendations for improvements
as necessary.

25. To encourage the development of and to provide for the
establishment of a state women veterans coordinator, as provided in
section nineteen of this article.

26. To make available information on accident prevention courses
approved by the commissioner of motor vehicles online on the
department's website. The department shall provide a link to the
department of motor vehicles website pages containing information on the
accident prevention courses.

27. To provide information regarding resources that are available to
assist veterans who experience mental health or substance abuse
problems, and veterans with physical disabilities, by maintaining mental
health, substance abuse and physical disabilities portals on the
department's internet website. Such portals shall provide virtual links
to appropriate governmental programs on the federal and state levels and
information on suicide prevention, peer outreach and support, and
services that address the special needs of physically disabled veterans.
The department may consult with the office of mental health, the office
of addiction services and supports, the department of health and the
department of labor. The department shall make reference to this
information provided pursuant to subdivisions five and six of this
section and in the annual report to the governor and the legislature
required pursuant to subdivision seventeen of this section. Such
information required under this subdivision shall be maintained and
updated annually.

28. To include within the annual report as required by subdivision
seventeen of this section an accounting of the number of veteran-owned
small businesses in the state of New York, to be listed by the following
designations: small business concern owned and controlled by veterans as
set forth in 15 U.S.C. section 632(Q)(3), as amended from time to time,
and service disabled veteran-owned business enterprise as set forth in
article three of this chapter. Such listing shall include but not be
limited to the name of the veteran owner or owners of each business,
location of each such business, the type of each such business and
whenever practicable, be divided into categories of labor, services,
equipment, materials and recognized construction trades. The department
shall request this information annually from the U.S. department of
veterans affairs, any other appropriate federal agencies and the
department of service-disabled veterans' business development within the
New York state office of general services.

29. To maintain a fact sheet on the department's webpage containing
(a) contact information for all veterans integrated service networks
located within the state, (b) current contact information for the United
States veterans health administration including VA medical centers and
clinics and (c) contact information for each New York State veterans'
home. The fact sheet shall be entitled, "Information for Veterans
concerning Health Care Options" and shall be updated annually.

30. To maintain a listing on the department's website of the local
veterans' service agencies established pursuant to section fourteen of
this article with the name, location, hours of operation and contact
information of each county and city veterans' service agency. The
department shall also provide this information in its annual report to
the governor and the legislature as required pursuant to subdivision
seventeen of this section. Information under this subdivision shall be
provided to the department by each local veterans' service agency and
shall be updated annually.

31. To maintain a discharge upgrade advisory board program within the
department to provide written non-binding advisory opinions to veterans
of the state of New York appealing their character of discharge from the
discharge review board or the board for corrections of military records
for their branch of service on the federal level. Individuals may submit
an application with evidence, including all relevant documents, which
shall be reviewed by the discharge upgrade advisory board program in a
timely manner. If such board finds the veteran's application for a
discharge upgrade is meritorious, then the board will provide the
veteran with a written opinion advocating for the discharge review board
or board for corrections of military or naval records to grant that
veteran's appeal. The department shall post information on the discharge
upgrade advisory board program on its official webpage. The annual
report required by subdivision seventeen of this section shall contain
information including, but not limited to, the number of cases reviewed,
and the number of cases where a veteran's application was found to be
meritorious.

32. To provide information regarding resources that are available to
assist veterans who experienced military sexual trauma while on active
duty or during military training, by maintaining a military sexual
trauma portal on the department's internet website. Such portal shall
provide virtual links to appropriate governmental programs on the
federal and state levels. The department may consult with the office of
mental health and the department of health. The department shall make
reference to this information provided pursuant to subdivisions five and
six of this section and in the annual report to the governor and the
legislature required pursuant to subdivision seventeen of this section.
Such information required under this subdivision shall be maintained and
updated annually.

33. To make widely available to the public via, among other things,
publication on the department's website and free mobile application
pursuant to subdivision twenty-one of this section, information
regarding the veterans remembrance and cemetery maintenance and
operation fund established pursuant to section ninety-seven-mmmm of the
state finance law.

34. To prepare and submit a report in consultation with the department
of health and the department of mental hygiene including the following
information to the extent it is reasonably accessible: (a) the number of
veterans who died by suicide; (b) trends of veterans suicide rates over
the last five years, including details by period of military service;
and (c) a comparison of veterans suicide rates by county, statewide and
nationwide. Such report shall be delivered to the governor and
legislature no later than June thirteenth, two thousand twenty-four and
every three years thereafter. Such report shall also be made available
on the division's website.

35. The department shall: (a) forward completed forms received from a
coroner, coroner's physician or medical examiner pursuant to section six
hundred seventy-seven of the county law to the office of mental hygiene
pursuant to subdivision (g) of section 7.07 of the mental hygiene law in
a timely manner; and (b) compile such information for inclusion in the
annual report pursuant to this section.

36. To coordinate outreach efforts that ensure members of the
uniformed services and veterans who are residents of this state, and
their families, are made aware of services for veterans from any
departments, divisions, boards, bureaus, commissions or agencies of the
state or any political subdivision of this state.

37. To develop collaborative relationships among state, federal, and
local agencies and private organizations, including but not limited to
the office of mental health, state office for the aging, and office of
addiction services and supports, to help facilitate access to services
by members of the uniformed services and veterans who are residents of
the state and their families.

38. To develop an application process for congressionally chartered
veterans' organizations to receive reimbursement of costs associated
with funeral and burial services for indigent veterans pursuant to
subdivision one-a of section one hundred forty-eight of the general
municipal law. The application shall contain information about the
funeral firm whose services were engaged pursuant to section one hundred
forty-eight of the general municipal law and any other information that
the department may require. The application must be signed and dated by
the supervising funeral director.