Bill Text: NY A08296 | 2009-2010 | General Assembly | Amended


Bill Title: Establishes the New York state interagency coordinating council for service-disabled veterans, defines the powers and duties of the council and requires an annual report by the council to the governor, the temporary president of the senate and the speaker of the assembly.

Spectrum: Strong Partisan Bill (Democrat 14-1)

Status: (Vetoed) 2010-08-16 - tabled [A08296 Detail]

Download: New_York-2009-A08296-Amended.html
                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        8296--A
                                                               Cal. No. 570
                              2009-2010 Regular Sessions
                                 I N  A S S E M B L Y
                                     May 13, 2009
                                      ___________
       Introduced by M. of A. ESPAILLAT, DESTITO, ORTIZ, TOWNS, NOLAN, RUSSELL,
         LUPARDO, MAGNARELLI -- Multi-Sponsored by -- M. of A. CUSICK, DenDEKK-
         ER,  McENENY,  PHEFFER,  SCHIMEL, SCOZZAFAVA, SWEENEY -- read once and
         referred to the  Committee  on  Veterans'  Affairs  --  reported  from
         committee, 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:
    1    Section 1. Legislative intent. The legislature hereby recognizes  that
    2  New  York  state's veterans, particularly those who suffered service-re-
    3  lated disabilities, have unique needs as a result of the sacrifices they
    4  made during their military service. It is also  hereby  acknowledged  by
    5  the legislature that due to the complexity of their needs, such individ-
    6  uals  require  accessible,  coordinated, and specialized services within
    7  their communities from multiple state and local agencies.  The  legisla-
    8  ture finds that there is an immediate need for a statewide comprehensive
    9  program to coordinate such services.
   10    S  2. The executive law is amended by adding a new section 368 to read
   11  as follows:
   12    S  368.  NEW  YORK  STATE   INTERAGENCY   COORDINATING   COUNCIL   FOR
   13  SERVICE-DISABLED  VETERANS.  THERE  IS  HEREBY  ESTABLISHED THE NEW YORK
   14  STATE INTERAGENCY COORDINATING COUNCIL FOR SERVICE-DISABLED VETERANS  IN
   15  THE  EXECUTIVE DEPARTMENT TO HAVE AND EXERCISE THE FUNCTIONS, POWERS AND
   16  DUTIES PROVIDED  BY  THE  PROVISIONS  OF  THIS  SECTION  AND  ANY  OTHER
   17  PROVISION OF LAW.
   18    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.
                                                                  LBD11415-05-0
       A. 8296--A                          2
    1    (A)  "COUNCIL" MEANS THE NEW YORK STATE INTERAGENCY COORDINATING COUN-
    2  CIL FOR SERVICE-DISABLED VETERANS;
    3    (B)  "VETERAN" MEANS A PERSON, MALE OR FEMALE, RESIDENT OF THIS STATE,
    4  WHO HAS SERVED IN THE ACTIVE MILITARY, NAVAL,  OR  AIR  SERVICE  OF  THE
    5  UNITED  STATES  DURING  A WAR IN WHICH THE UNITED STATES ENGAGED AND WHO
    6  HAS BEEN RELEASED FROM  SUCH  SERVICE  OTHERWISE  THAN  BY  DISHONORABLE
    7  DISCHARGE, OR WHO HAS BEEN FURLOUGHED TO THE RESERVE; AND
    8    (C)  "SERVICE-DISABLED VETERAN" MEANS A VETERAN WITH A DISABILITY THAT
    9  WAS INCURRED OR AGGRAVATED IN THE LINE OF DUTY IN THE  ACTIVE  MILITARY,
   10  NAVAL, OR AIR SERVICE.
   11    2.  THE  COUNCIL  SHALL  CONSIST  OF THE FOLLOWING TEN AGENCY HEADS OR
   12  THEIR DESIGNEES: DIRECTOR OF THE  DIVISION  OF  VETERANS'  AFFAIRS,  WHO
   13  SHALL  SERVE  AS CHAIR OF THE COUNCIL, THE ADJUTANT GENERAL OF THE DIVI-
   14  SION OF MILITARY AND NAVAL AFFAIRS, THE COMMISSIONER OF  THE  DEPARTMENT
   15  OF  HEALTH, THE COMMISSIONER OF THE OFFICE OF MENTAL HEALTH, THE COMMIS-
   16  SIONER OF THE OFFICE OF ALCOHOLISM AND  SUBSTANCE  ABUSE  SERVICES,  THE
   17  COMMISSIONER  OF  THE DEPARTMENT OF LABOR, THE COMMISSIONER OF THE DIVI-
   18  SION OF HOUSING AND COMMUNITY RENEWAL, THE COMMISSIONER OF THE EDUCATION
   19  DEPARTMENT, THE COMMISSIONER OF THE DEPARTMENT  OF  TRANSPORTATION,  AND
   20  THE DIRECTOR OF THE OFFICE FOR THE AGING. IN ADDITION, THE COUNCIL SHALL
   21  CONSIST  OF NINE SERVICE-DISABLED VETERANS, THREE TO BE APPOINTED BY THE
   22  GOVERNOR, TWO TO BE APPOINTED BY THE TEMPORARY PRESIDENT OF THE  SENATE,
   23  TWO  TO BE APPOINTED BY THE SPEAKER OF THE ASSEMBLY, ONE TO BE APPOINTED
   24  BY THE MINORITY LEADER OF THE SENATE AND ONE  TO  BE  APPOINTED  BY  THE
   25  MINORITY  LEADER OF THE ASSEMBLY. THE MEMBERS OF THE COUNCIL SHALL SERVE
   26  TERMS OF TWO  YEARS;  PROVIDED,  HOWEVER,  THAT  OF  THE  MEMBERS  FIRST
   27  APPOINTED,  THE  MEMBERS APPOINTED BY THE GOVERNOR SHALL SERVE FOR TERMS
   28  OF THREE YEARS AND THE REMAINING MEMBERS, APPOINTED BY  THE  LEGISLATIVE
   29  LEADERS,  SHALL  SERVE  FOR  TERMS  OF TWO YEARS. MEMBERS OF THE COUNCIL
   30  SHALL RECEIVE NO COMPENSATION FOR THEIR SERVICES BUT  SHALL  BE  ALLOWED
   31  THEIR ACTUAL AND NECESSARY EXPENSES INCURRED IN THE PERFORMANCE OF THEIR
   32  FUNCTIONS HEREUNDER.
   33    3. THE COUNCIL SHALL HAVE THE FOLLOWING POWERS AND DUTIES:
   34    (A) TO PROMOTE THE IMPLEMENTATION OF A COMPREHENSIVE STATEWIDE PROGRAM
   35  OF COORDINATED SERVICES FOR SERVICE-DISABLED VETERANS THAT INCLUDES: (1)
   36  MATTERS  PERTAINING  TO EDUCATIONAL TRAINING AND RETRAINING SERVICES AND
   37  FACILITIES, (2) HEALTH, MEDICAL AND REHABILITATION SERVICES AND  FACILI-
   38  TIES, (3) EMPLOYMENT AND RE-EMPLOYMENT SERVICES INCLUDING SMALL BUSINESS
   39  OPPORTUNITIES, (4) HOUSING OPTIONS, (5) TRANSPORTATION OPTIONS, (6) LONG
   40  TERM  CARE,  (7)  PERSONAL  CARE,  (8)  DAY PROGRAM SERVICES, (9) FAMILY
   41  OUTREACH AND  (10)  OTHER  ESSENTIAL  SERVICES  THAT  MAXIMIZE  EXISTING
   42  RESOURCES AND ADMINISTRATIVE MECHANISMS;
   43    (B)  TO  DISSEMINATE  GENERAL  INFORMATION ABOUT AVAILABLE SERVICES TO
   44  SERVICE-DISABLED VETERANS AND HOW SUCH SERVICES CAN BE ACCESSED;
   45    (C) TO RECEIVE COMPLAINTS IN MATTERS AFFECTING SERVICE-DISABLED VETER-
   46  ANS AND TO REFER SUCH COMPLAINTS TO THE APPROPRIATE REGULATORY  AGENCIES
   47  WHERE IT DEEMS NECESSARY OR APPROPRIATE; AND
   48    (D)  TO CONDUCT AN ONGOING EVALUATION OF THE NEEDS OF SERVICE-DISABLED
   49  VETERANS.
   50    4. THE COUNCIL SHALL MEET AS NECESSARY TO  CARRY  OUT  ITS  FUNCTIONS,
   51  POWERS  AND  DUTIES,  BUT  SUCH  MEETINGS SHALL OCCUR AT LEAST ONCE EACH
   52  QUARTER. FURTHERMORE, THE COUNCIL SHALL SEEK TO CONSULT WITH THE NETWORK
   53  DIRECTORS OF THE VETERANS INTEGRATED SERVICE NETWORKS, VISN 2  AND  VISN
   54  3.
   55    5.  THE  COUNCIL SHALL PROVIDE A REPORT TO THE GOVERNOR, THE TEMPORARY
   56  PRESIDENT OF THE SENATE AND THE SPEAKER OF THE  ASSEMBLY  ON  OR  BEFORE
       A. 8296--A                          3
    1  SEPTEMBER  FIRST  OF  EACH  YEAR, BEGINNING IN TWO THOUSAND ELEVEN. SUCH
    2  REPORT SHALL SUMMARIZE THE COUNCIL'S ACTIVITY DURING THE PREVIOUS FISCAL
    3  YEAR AND DETAILING LEGISLATIVE RECOMMENDATIONS APPROPRIATE TO EFFECTUATE
    4  THE  PURPOSES OF THIS SECTION, AND ANY OTHER RECOMMENDATIONS FOR IMPROV-
    5  ING SERVICE DELIVERY AND COORDINATION, REDUCING DUPLICATION AND FRAGMEN-
    6  TATION AND FACILITATING THE MOST EFFICIENT USE  OF  EXISTING  RESOURCES.
    7  SUCH  REPORT SHALL ALSO INCLUDE A PROPOSED AGENDA CONSISTING OF SPECIFIC
    8  ISSUES THAT THE COUNCIL PLANS TO ADDRESS DURING THE CURRENT FISCAL YEAR.
    9    S 3. This act shall take effect on the ninetieth day  after  it  shall
   10  have  become  a  law; provided, however, that effective immediately, the
   11  addition, amendment and/or repeal of any rule  or  regulation  necessary
   12  for  the implementation of this act on its effective date are authorized
   13  and directed to be made and completed on or before such effective date.
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