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S6144Senate2017-2018 SessionSame asA8703

Fill Veterans Board Vacancies Faster

Official title

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

Sponsor Thomas CrociSD-3+1 co-sponsorAffects Health
Status
Vetoed
Impact
3/10
Low
Outcome
Vetoed

Bill progress

Vetoed

What's happening

This bill allows state veterans' home boards to appoint interim members if vacancies aren't filled within 270 days.

Why it matters

  1. Reduces the risk of long-term vacancies. By allowing the board to appoint interim members if appointments are delayed, the bill helps prevent extended periods where important decisions might be stalled due to lack of a full board.

  2. Maintains board functionality and oversight. Ensuring that interim members have the same rights and duties as appointed members supports the continued proper oversight and management of state veterans' homes, which can affect the quality of care and responsiveness to veterans' needs.

  3. Increases flexibility and continuity. The measure allows boards to act without a quorum for interim appointments (as long as a majority of current and hold-over members agree), making it easier to fill seats and keep the board functioning smoothly during periods of transition or political delay.

  4. Clarifies role of ‘hold-over’ members. By defining and recognizing members who stay on after their term expires until replacements are appointed, the bill provides a clearer legal framework, reducing ambiguity about who can participate in board actions.

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Who cares

Headline styles

Fill Veterans Board Vacancies Faster

Plain English, a few words. Used as the page title.

Sponsors

Primary sponsor
Thomas Croci

Senator · Senate District 3

Chair, Veterans, Homeland Security And Military Affairs

1 Co-sponsor

History

  1. Vetoed memo.264
  2. Delivered to governor
  3. Returned to senate
  4. Passed assembly
  5. Ordered to third reading cal.611
  6. Substituted for A8703A
  7. Referred to health
  8. Delivered to assembly
  9. Passed senateVote 58–0
  10. Advanced to third reading
  11. 2nd report cal.
  12. Amended 6144b
Show 5 earlier actions
  1. 1st report cal.516
  2. Referred to veterans, homeland security and military affairs
  3. Print number 6144a
  4. Amend (t) and recommit to veterans, homeland security and military affairs
  5. Referred to veterans, homeland security and military affairs

Companion bill

The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.

A8703Assembly

Fill Veterans' Board Vacancies Faster

Assembly Floor Calendar · Sponsor Anthony D'Urso

Impact 3 · Low0% to pass

Full text

2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗

STATE OF NEW YORK

6144--B Cal. No. 516

2017-2018 Regular Sessions

IN SENATE

May 11, 2017

Introduced by Sens. CROCI, CARLUCCI -- read twice and ordered printed, and when printed to be committed to the Committee on Veterans, Homeland Security and Military Affairs -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- 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 Assembly, do enact as follows:

Section 1. Section 2631 of the public health law, as amended by chapter 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 hereafter 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 February 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.

Reflowed for reading: line numbers and page breaks removed. Cite the official text.

Sponsor's memo

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.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.