Bill Text: NY S08277 | 2009-2010 | General Assembly | Amended
Bill Title: Directs the division of veterans' affairs to establish and distribute a veterans' bill of rights, and to contract with veterans' services outreach programs.
Spectrum: Partisan Bill (Republican 22-0)
Status: (Introduced - Dead) 2010-06-24 - PRINT NUMBER 8277A [S08277 Detail]
Download: New_York-2009-S08277-Amended.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 8277--A I N S E N A T E June 18, 2010 ___________ Introduced by Sens. HANNON, LARKIN, McDONALD, PADAVAN, BONACIC, DeFRAN- CISCO, FLANAGAN, FUSCHILLO, O. JOHNSON, LANZA, LAVALLE, LIBOUS, LITTLE, MARCELLINO, MAZIARZ, MORAHAN, NOZZOLIO, RANZENHOFER, ROBACH, SEWARD, VOLKER, YOUNG -- read twice and ordered printed, and when printed to be committed to the Committee on Rules -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the executive law, in relation to establishing a "veter- ans' bill of rights" directing the division of veterans' affairs to provide for the establishment and certification of veterans' services outreach programs THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: 1 Section 1. The executive law is amended by adding two new sections 2 353-a and 361-c to read as follows: 3 S 353-A. VETERANS' BILL OF RIGHTS. 1. THE DIVISION SHALL ESTABLISH, 4 PRINT, PUBLISH AND DISTRIBUTE A VETERANS' BILL OF RIGHTS. SUCH BILL OF 5 RIGHTS SHALL INCLUDE THE FOLLOWING OR SUBSTANTIALLY SIMILAR TEXT: 6 "VETERANS' BILL OF RIGHTS 7 YOU AS A VETERAN HAVE A RIGHT: 8 (A) TO APPLY FOR VETERANS' BENEFITS; 9 (B) TO RECEIVE ASSISTANCE FROM YOUR LOCAL VETERANS' SERVICE AGENCY AND 10 THE NEW YORK STATE DIVISION OF VETERANS' AFFAIRS; 11 (C) TO RECEIVE AN EXPLANATION OF THE SERVICES AND BENEFITS AVAILABLE 12 UNDER FEDERAL AND NEW YORK STATE LAWS, RULES AND REGULATIONS; 13 (D) TO RECEIVE WRITTEN NOTICE AND AN EXPLANATION OF THE APPROVAL OR 14 DENIAL OF YOUR APPLICATION FOR BENEFITS AVAILABLE UNDER NEW YORK STATE 15 LAW; 16 (E) TO BE TREATED WITH DIGNITY AND RESPECT; 17 (F) TO APPEAL ANY ADVERSE DETERMINATION OR DENIAL OF YOUR APPLICATION 18 FOR SERVICES OR BENEFITS AVAILABLE UNDER NEW YORK STATE LAW; 19 (G) TO EXPECT CONFIDENTIALITY; 20 (H) TO RECEIVE FAIR AND EQUAL TREATMENT WITHOUT REGARD TO SEX, RACE, 21 RELIGION, DISABILITY, ETHNICITY OR NATIONAL ORIGIN; AND EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD17780-04-0 S. 8277--A 2 1 (I) TO BE INFORMED OF ASSISTANCE PROVIDED TO VETERANS RELATING TO: 2 (1) COLLEGE ASSISTANCE, 3 (2) MENTAL HEALTH COUNSELING, 4 (3) HEALTH BENEFITS INCLUDING, BUT NOT LIMITED TO, WOMEN VETERANS' 5 HEALTH, 6 (4) SEXUAL TRAUMA, 7 (5) FAMILY ASSISTANCE PROGRAMS, 8 (6) HOUSING, 9 (7) DOMESTIC VIOLENCE, 10 (8) SUICIDE PREVENTION, AND 11 (9) SUPPORT GROUPS." 12 2. THE DIVISION SHALL MAKE THE VETERANS' BILL OF RIGHTS AVAILABLE ON 13 THE INTERNET WEBSITE MAINTAINED BY THE DIVISION, AT ALL OFFICES OF THE 14 DIVISION, AT ALL LOCAL VETERANS' SERVICES AGENCIES, AT EVERY VETERANS' 15 SERVICES OUTREACH PROGRAM AND AT EVERY STATE AND LOCAL AGENCY WHICH 16 PROVIDES SERVICES, BENEFITS OR ASSISTANCE TO VETERANS. 17 S 361-C. VETERANS' SERVICES OUTREACH PROGRAMS. 1. THE DIVISION SHALL 18 PROVIDE FOR THE ESTABLISHMENT OF VETERANS' SERVICES OUTREACH PROGRAMS 19 THROUGHOUT THE STATE. SUCH PROGRAMS SHALL PROVIDE VETERANS WITH INFORMA- 20 TION ON, ASSISTANCE WITH AND REFERRAL TO PROGRAMS WHICH PROVIDE SERVICES 21 AND BENEFITS THAT VETERANS ARE ELIGIBLE TO RECEIVE. EACH VETERANS' 22 SERVICES OUTREACH PROGRAM SHALL COOPERATE AND COORDINATE WITH, ON BEHALF 23 OF VETERANS, THE DIVISION, THE FEDERAL VETERANS' ADMINISTRATION, LOCAL 24 VETERANS' SERVICES AGENCIES, THE SURROUNDING MUNICIPALITIES AND COMMUNI- 25 TIES, AND STATE AND LOCAL AGENCIES WHICH PROVIDE SERVICES, BENEFITS OR 26 ASSISTANCE TO VETERANS. 27 2. THE DIVISION SHALL CONTRACT WITH AND CERTIFY QUALIFIED NOT-FOR-PRO- 28 FIT ORGANIZATIONS FOR THE OPERATION OF VETERANS' SERVICES OUTREACH 29 PROGRAMS. ANY NOT-FOR-PROFIT ORGANIZATION WITH QUALIFIED PERSONNEL, AND 30 SUITABLE FACILITIES, PROGRAMS AND EXPERTISE MAY APPLY TO THE STATE 31 DIRECTOR FOR CERTIFICATION AS A VETERANS' SERVICES OUTREACH PROGRAM. 32 SUCH APPLICATION SHALL BE SUBMITTED ON A FORM ESTABLISHED BY THE DIVI- 33 SION AND SHALL CONTAIN SUCH INFORMATION AND PROOF AS SHALL BE DETERMINED 34 TO BE NECESSARY BY THE STATE DIRECTOR. UPON CERTIFICATION OF A NOT-FOR- 35 PROFIT ORGANIZATION AS A VETERANS' SERVICES OUTREACH PROGRAM, THE DIVI- 36 SION SHALL ENTER INTO A CONTRACT WITH SUCH ORGANIZATION FOR THE 37 PROVISION OF VETERANS' OUTREACH SERVICES. 38 3. VETERANS' SERVICES OUTREACH PROGRAMS SHALL PROVIDE SERVICES, COUN- 39 SELING, INFORMATION AND REFERRAL SERVICES TO VETERANS TO THE GREATEST 40 EXTENT OF EACH VETERAN'S NEED OR ELIGIBILITY, INCLUDING REFERRAL TO 41 AGENCIES PROVIDING PUBLIC ASSISTANCE BENEFITS AND SERVICES. HOWEVER, 42 UNDER NO CIRCUMSTANCES SHALL ANY SUCH PROGRAM ENGAGE IN THE ACCEPTANCE 43 OR PROCESSING OF ANY CLAIM FOR ASSISTANCE OR COMPENSATION, BUT SHALL 44 PROVIDE VETERANS WITH REFERRALS TO THE APPROPRIATE AGENCIES FOR THE 45 PROCESSING OF ANY SUCH CLAIM. 46 S 2. This act shall take effect on the first of January next succeed- 47 ing the date on which it shall have become a law; provided that effec- 48 tive immediately, any action necessary to implement the provisions of 49 this act on its effective date is authorized to be completed on or 50 before such effective date.