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.
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