NY State Senate Bill 2017-S6144B

Senate Bill S6144B

Vetoed By Governor

2017-2018 Legislative Session

Relates to filling vacancies on a board of visitors for state veterans' homes

download bill text pdf

Archive: Last Bill Status - Vetoed by Governor

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Vetoed By Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Apr 18, 2018	vetoed memo.264
Apr 06, 2018	delivered to governor
Mar 28, 2018	returned to senate passed assembly ordered to third reading cal.611 substituted for a8703a
Mar 12, 2018	referred to health delivered to assembly passed senate
Feb 28, 2018	advanced to third reading
Feb 27, 2018	2nd report cal. amended 6144b
Feb 13, 2018	1st report cal.516
Jan 03, 2018	referred to veterans, homeland security and military affairs
May 18, 2017	print number 6144a
May 18, 2017	amend (t) and recommit to veterans, homeland security and military affairs
May 11, 2017	referred to veterans, homeland security and military affairs

Votes

- Mar 12, 2018 - Floor Vote
  S6144B
  
  58
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  3
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Mar 12, 2018
      
      aye (58)
      
      Addabbo Jr.
      
      Akshar
      
      Alcantara
      
      Amedore
      
      Avella
      
      Bailey
      
      Benjamin
      
      Bonacic
      
      Boyle
      
      Breslin
      
      Carlucci
      
      Comrie
      
      Croci
      
      DeFrancisco
      
      Dilan
      
      Felder
      
      Flanagan
      
      Funke
      
      Gallivan
      
      Gianaris
      
      Golden
      
      Griffo
      
      Hamilton
      
      Hannon
      
      Helming
      
      Hoylman-Sigal
      
      Jacobs
      
      Kaminsky
      
      Kavanagh
      
      Kennedy
      
      Klein
      
      Krueger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Little
      
      Marchione
      
      Montgomery
      
      Murphy
      
      O'Mara
      
      Ortt
      
      Peralta
      
      Persaud
      
      Phillips
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Sanders Jr.
      
      Savino
      
      Serino
      
      Serrano
      
      Seward
      
      Stavisky
      
      Stewart-Cousins
      
      Tedisco
      
      Valesky
      
      Young
      
      excused (3)
      
      Brooks
      
      Marcellino
      
      Parker
  Feb 12, 2018 - Veterans, Homeland Security And Military Affairs Committee Vote
  S6144B
  
  13
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Veterans, Homeland Security And Military Affairs Committee Vote: Feb 12, 2018
      
      aye (13)
      
      Addabbo Jr.
      
      Amedore
      
      Carlucci
      
      Comrie
      
      Croci
      
      Felder
      
      Golden
      
      Jacobs
      
      Kaminsky
      
      Larkin
      
      Marchione
      
      Ortt
      
      Sanders Jr.

Bill Amendments

Original

B (Active)

2017-S6144 - Details

See Assembly Version of this Bill:: A8703
Law Section:: Public Health Law
Laws Affected:: Amd §2631, Pub Health L

2017-S6144 - Summary

Relates to filling vacancies on a board of visitors for state veterans' homes through interim appointments if such vacancy has not been filled within 270 days.

2017-S6144 - Sponsor Memo

                                 BILL NUMBER:  S6144

 TITLE OF BILL :  An act to amend the public health law, in relation
to nominations to board of visitors for state veterans' homes

 PURPOSE :

This bill requires that vacancies on the state veterans' homes board
of visitors be filled in a timely fashion.

 SUMMARY OF PROVISIONS :

Section One amends section 2631 of the public health law, by requiring
that a vacancy on the board of visitors for state operated veteran
homes be filled within ninety days of a vacancy occurring.

Section Two provides that this act shall take effect immediately.

 EXISTING LAW :

New Legislation

 JUSTIFICATION :

The board of visitors plays an important role in the operation of
state run veterans' homes. They serve as ambassadors to the homes,

monitor the way the home is administered (independent of DOH), recruit
residents through presentations to local veteran organizations,
solicit funds through contributions from veterans' organizations,
participate in monthly Resident Council meetings, finance and arrange
off site activities and are present within the facility for the
purpose of receiving feedback from staff and residents.

Unfortunately, the boards currently have an overwhelming number of
vacancies. The Governor has not appointed any new members to the board
of visitors since he took office in 2011. Further, statute provides
that a members' term shall be for a period of five years.  Since the
Governor has not reappointed any past members since he took office,
all current members are serving in a holdover capacity. It has been
reported to the Legislature that several candidates for appointment
withdrew their names from consideration, after waiting over three
years, with no action by the Governor. It has also been reported to
the legislature that two of the homes are unable to function, as they
no longer have enough members to form a quorum.

Despite this issue being raised with the Governor's Office over a year
ago, prolonged vacancies continue to interrupt the functions of this
governing board. By requiring that a nomination be put forward within
ninety days of a vacancy occurring, we can ensure that these boards
are able to function and carry out their important responsibilities.

 LEGISLATIVE HISTORY :

New Bill.

 FISCAL IMPLICATIONS :

None to the State.

 EFFECTIVE DATE :
This bill shall take effect immediately.

2017-S6144 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6144
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                               May 11, 2017
                                ___________
 
 Introduced  by  Sen.  CROCI  -- 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 public health law, in  relation  to  nominations  to
   board of visitors for state veterans' homes

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 2631 of the public health law, as amended by  chap-
 ter 563 of the laws of 1990, is amended to read as follows:
   §  2631.  Board of visitors; special provision.  The board of visitors
 of each such home shall consist  of  nine  members  appointed  from  the
 members  of  the  New York departments of the major organizations of war
 veterans to which charters have been issued by Acts of  Congress  or  of
 their women's auxiliaries. The terms of office of such visitors hereaft-
 er  appointed  shall  be five years, and they shall be so appointed that
 the terms of two of the members shall expire on the first day of  Febru-
 ary of each year, except that the term of but one member shall so expire
 every  fifth  year.  Appointments shall be so made that there will be at
 all times four women and five men members of  such  board.    FOR  STATE
 VETERANS' HOMES OPERATED BY THE DEPARTMENT, A NOMINATION MUST BE MADE BY
 THE GOVERNOR WITHIN NINETY DAYS OF A VACANCY OCCURRING.
   §  2.  This  act shall take effect immediately, and shall apply to any
 vacancy existing on such effective date.
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11619-01-7

co-Sponsors

2017-S6144A - Details

See Assembly Version of this Bill:: A8703
Law Section:: Public Health Law
Laws Affected:: Amd §2631, Pub Health L

2017-S6144A - Summary

Relates to filling vacancies on a board of visitors for state veterans' homes through interim appointments if such vacancy has not been filled within 270 days.

2017-S6144A - Sponsor Memo

                                
 
BILL NUMBER: S6144A            Revised 1/31/18

SPONSOR: CROCI
 
TITLE OF BILL:  An act to amend the public health law, in relation to
filling vacancies on a board of visitors for state veterans' homes

 
PURPOSE:

This bill requires that vacancies on the State Veterans' Homes Board of
Visitors be filled in a timely fashion.

 
SUMMARY OF PROVISIONS:

Section One amends section 2631 of the public health law, by providing
for the appointment of interim members by the current board, in the
event that a vacancy is not filled within 270 days of occurring.

Section Two provides that this act shall take effect immediately.

 
EXISTING LAW:

New Legislation

 
JUSTIFICATION:

The Board of Visitors plays an important role in the operation of state
run veterans' homes. They serve as ambassadors to the homes, monitor the
way the home is administered (independent of DOH), recruit residents
through presentations to local veteran organizations, solicit funds
through contributions from veterans' organizations, participate in
monthly Resident Council meetings, finance and arrange off site activ-
ities and are present within the facility for the purpose of receiving
feedback from staff and residents.

Unfortunately, the boards currently have an overwhelming number of
vacancies. The Governor has not appointed any new members to the Board
of Visitors since he took office in 2011. Further, statute provides that
a members' term shall be for a period of five years.  Since the Governor
has not reappointed any past members since he took office, all current
members are serving in a holdover capacity. It has been reported to the
Legislature that several candidates for appointment withdrew their names
from consideration, after waiting over three years, with no action by
the Governor. It has also been reported to the legislature that two of
the homes are unable to function, as they no longer have enough members
to form a quorum.

Despite this issue being raised with the Governor's Office over a year
ago, prolonged vacancies continue to interrupt the functions of this
governing board. By allowing the board to appoint interim members in the
event that a nomination is not made by the Governor in a timely fashion,
we can ensure that these boards are able to function and carry out their
important responsibilities.

 
LEGISLATIVE HISTORY:

New Bill.

 
FISCAL IMPLICATIONS:

None to the State.

 
EFFECTIVE DATE:
This bill shall take effect immediately.

2017-S6144A - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6144--A
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                               May 11, 2017
                                ___________
 
 Introduced  by  Sen.  CROCI  -- read twice and ordered printed, and when
   printed to be committed to the Committee on Veterans, Homeland Securi-
   ty and Military Affairs -- committee discharged, bill amended, ordered
   reprinted as amended and recommitted to said committee
 
 AN ACT to amend the public health law, in relation to filling  vacancies
   on a board of visitors for state veterans' homes
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 2631 of the public health law, as amended by  chap-
 ter 563 of the laws of 1990, is amended to read as follows:
   §  2631.  Board of visitors; special provision.  The board of visitors
 of each such home shall consist  of  nine  members  appointed  from  the
 members  of  the  New York departments of the major organizations of war
 veterans to which charters have been issued by Acts of  Congress  or  of
 their women's auxiliaries. The terms of office of such visitors hereaft-
 er  appointed  shall  be five years, and they shall be so appointed that
 the terms of two of the members shall expire on the first day of  Febru-
 ary of each year, except that the term of but one member shall so expire
 every  fifth  year.  Appointments shall be so made that there will be at
 all times four women and five men members of  such  board.    FOR  STATE
 VETERANS'  HOMES OPERATED BY THE DEPARTMENT, IN THE EVENT THAT A VACANCY
 IS NOT FILLED WITHIN TWO HUNDRED SEVENTY DAYS, THE BOARD MAY APPOINT  AN
 INTERIM MEMBER WHO OTHERWISE MEETS THE REQUIREMENTS OF THIS SECTION. THE
 INTERIM  MEMBER  SHALL  HAVE  THE SAME RIGHTS AND DUTIES AS AN APPOINTED
 MEMBER AND SHALL SERVE UNTIL SUCH TIME THAT A NOMINATION IS FORWARDED TO
 THE SENATE FOR ADVISE AND CONSENT. A QUORUM IS NOT REQUIRED FOR PURPOSES
 OF THE BOARD APPOINTING AN INTERIM MEMBER, SO LONG AS A MAJORITY OF  ALL
 CURRENT  MEMBERS AND THOSE SERVING IN A HOLD-OVER CAPACITY VOTE IN FAVOR
 OF THE INTERIM APPOINTMENT.
   § 2. This act shall take effect immediately, and shall  apply  to  any
 vacancy existing on or after such effective date.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD11619-03-7

co-Sponsors

2017-S6144B (ACTIVE) - Details

See Assembly Version of this Bill:: A8703
Law Section:: Public Health Law
Laws Affected:: Amd §2631, Pub Health L

2017-S6144B (ACTIVE) - Summary

Relates to filling vacancies on a board of visitors for state veterans' homes through interim appointments if such vacancy has not been filled within 270 days.

2017-S6144B (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S6144B

SPONSOR: CROCI
 
TITLE OF BILL:

An act to amend the public health law, in relation to filling vacancies
on a board of visitors for state veterans' homes

 
PURPOSE:

This bill requires that vacancies on the State Veterans' Homes Board of
Visitors be filled in a timely fashion.

 
SUMMARY OF PROVISIONS:

Section One amends section 2631 of the public health law, by providing
for the appointment of interim members by the current board, in the
event that a vacancy is not filled within 270 days of occurring.

Section Two provides that this act shall take effect January 1, 2019

 
EXISTING LAW:

New Legislation

 
JUSTIFICATION:

The Board of Visitors plays an important role in the operation of state
run veterans' homes. They serve as ambassadors to the homes, monitor the
way the home is administered (independent of DOH), recruit residents
through presentations to local veteran organizations, solicit funds
through contributions from veterans' organizations, participate in
monthly Resident Council meetings, finance and arrange off site activ-
ities and are present within the facility for the purpose of receiving
feedback from staff and residents.

Unfortunately, the boards currently have an overwhelming number of
vacancies. The Governor has not appointed any new members to the Board
of Visitors since he took office in 2011. Further, statute provides that
a members' term shall be for a period of five years.  Since the Governor
has not reappointed any past members since he took office, all current
members are serving in a holdover capacity. It has been reported to the
Legislature that several candidates for appointment withdrew their names
from consideration, after waiting over three years, with no action by
the Governor. It has also been reported to the legislature that two of
the homes are unable to function, as they no longer have enough members
to form a quorum.

Despite this issue being raised with the Governor's Office over a year
ago, prolonged vacancies continue to interrupt the functions of this
governing board. By allowing the board to appoint interim members in the
event that a nomination is not made by the Governor in a timely fashion,
we can ensure that these boards are able to function and carry out their
important responsibilities.

 
LEGISLATIVE HISTORY:

New Bill.

 
FISCAL IMPLICATIONS:

None to the State.

 
EFFECTIVE DATE:
This bill shall take effect January 1, 2019.

2017-S6144B (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6144--B
     Cal. No. 516
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                               May 11, 2017
                                ___________
 
 Introduced  by  Sens. CROCI, CARLUCCI -- read twice and ordered printed,
   and when printed to be committed to the Committee on  Veterans,  Home-
   land  Security  and  Military  Affairs  --  committee discharged, bill
   amended, ordered reprinted as amended and recommitted to said  commit-
   tee -- recommitted to the Committee on Veterans, Homeland Security and
   Military  Affairs in accordance with Senate Rule 6, sec. 8 -- reported
   favorably from said committee, ordered to  first  report,  amended  on
   first  report,  ordered  to  a  second  report  and ordered reprinted,
   retaining its place in the order of second report
 
 AN ACT to amend the public health law, in relation to filling  vacancies
   on a board of visitors for state veterans' homes
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 2631 of the public health law, as amended by  chap-
 ter 563 of the laws of 1990, is amended to read as follows:
   §  2631.  Board of visitors; special provision.  The board of visitors
 of each such home shall consist  of  nine  members  appointed  from  the
 members  of  the  New York departments of the major organizations of war
 veterans to which charters have been issued by Acts of  Congress  or  of
 their women's auxiliaries. The terms of office of such visitors hereaft-
 er  appointed  shall  be five years, and they shall be so appointed that
 the terms of two of the members shall expire on the first day of  Febru-
 ary of each year, except that the term of but one member shall so expire
 every  fifth  year.  Appointments shall be so made that there will be at
 all times four women and five men members of  such  board.    FOR  STATE
 VETERANS'  HOMES OPERATED BY THE DEPARTMENT, IN THE EVENT THAT A VACANCY
 IS NOT FILLED WITHIN TWO HUNDRED SEVENTY DAYS, THE BOARD MAY APPOINT  AN
 INTERIM MEMBER WHO OTHERWISE MEETS THE REQUIREMENTS OF THIS SECTION. THE
 INTERIM  MEMBER  SHALL  HAVE  THE SAME RIGHTS AND DUTIES AS AN APPOINTED
 MEMBER AND SHALL SERVE UNTIL SUCH TIME THAT A NOMINATION IS FORWARDED TO
 THE SENATE FOR ADVISE AND CONSENT. A QUORUM IS NOT REQUIRED FOR PURPOSES
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD11619-05-8

 S. 6144--B                          2
 
 OF THE BOARD APPOINTING AN INTERIM MEMBER, SO LONG AS A MAJORITY OF  ALL
 CURRENT  MEMBERS AND THOSE SERVING IN A HOLD-OVER CAPACITY VOTE IN FAVOR
 OF THE INTERIM APPOINTMENT. FOR THE PURPOSES OF THIS SECTION, "HOLD-OVER
 CAPACITY" SHALL MEAN ANY MEMBER WHOSE TERM HAS EXPIRED BUT WHO CONTINUES
 TO DISCHARGE HIS OR HER DUTIES UNTIL HIS OR HER SUCCESSOR IS CHOSEN.
   §  2.  This  act shall take effect January 1, 2019, and shall apply to
 any vacancy existing on or after such effective date.

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Senate Bill S6144B

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Sponsored By

Thomas D. Croci

Archive: Last Bill Status - Vetoed by Governor

Bill Amendments

2017-S6144 - Details

2017-S6144 - Summary

2017-S6144 - Sponsor Memo

2017-S6144 - Bill Text download pdf

co-Sponsors

David Carlucci

2017-S6144A - Details

2017-S6144A - Summary

2017-S6144A - Sponsor Memo

2017-S6144A - Bill Text download pdf

co-Sponsors

David Carlucci

2017-S6144B (ACTIVE) - Details

2017-S6144B (ACTIVE) - Summary

2017-S6144B (ACTIVE) - Sponsor Memo

2017-S6144B (ACTIVE) - Bill Text download pdf

Comments