S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 305--A

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 7, 2015
                               ___________

Introduced by Sen. ESPAILLAT -- 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 clarifying eligi-
  bility requirements for admission to the New York state veterans' home

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1. Subdivision 1 of section 2632 of the public health law, as
amended by chapter 467 of the laws of 1991,  the  opening  paragraph  as
amended  by chapter 455 of the laws of 2002, paragraph (d) as amended by
chapter 616 of the laws of 1995 and paragraph (f) as amended by  chapter
179 of the laws of 2006, is amended to read as follows:
  1. Every veteran of the armed forces of the United States, who (i) was
separated  or  discharged  under  honorable  conditions after serving on
active duty therein for a period of not less than thirty days,  or  (ii)
was  separated or discharged under honorable conditions after serving on
active duty therein for a period of not less than thirty  days  and  who
was  a  recipient  of the armed forces expeditionary medal, navy expedi-
tionary medal or marine corps expeditionary medal for  participation  in
operations  in Lebanon from June first, nineteen hundred eighty-three to
December first, nineteen hundred eighty-seven, in Grenada  from  October
twenty-third,  nineteen  hundred  eighty-three to November twenty-first,
nineteen hundred eighty-three, or in  Panama  from  December  twentieth,
nineteen  hundred  eighty-nine to January thirty-first, nineteen hundred
ninety, OR IN BOSNIA AND HERZGEGOVINA FROM NOVEMBER TWENTY-FIRST,  NINE-
TEEN HUNDRED NINETY-FIVE TO NOVEMBER FIRST, TWO THOUSAND SEVEN, OR WAS A
RECIPIENT  OF  THE  KOSOVO  CAMPAIGN  MEDAL  or  (iii)  was separated or
discharged under honorable conditions after serving on active duty ther-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01912-03-5
              

S. 305--A                           2

ein for a period of not less than thirty days and who served during  the
period of actual hostilities of either
  (a) the Spanish-American war; or
  (b)  the  incidental  insurrection  in  the  Philippines prior to July
fourth, nineteen hundred two; or
  (c) world war I between April sixth, nineteen  hundred  seventeen  and
November eleventh, nineteen hundred eighteen, both inclusive; or
  (d)  world war II between December seventh, nineteen hundred forty-one
and December thirty-first, nineteen hundred forty-six,  both  inclusive,
or  who  was  employed  by  the War Shipping Administration or Office of
Defense Transportation or their agents as a merchant  seaman  documented
by  the  United  States  Coast  Guard or Department of Commerce, or as a
civil servant employed by  the  United  States  Army  Transport  Service
(later  redesignated  as  the  United  States Army Transportation Corps,
Water Division) or the Naval  Transportation  Service;  and  who  served
satisfactorily  as  a  crew  member during the period of armed conflict,
December seventh, nineteen hundred forty-one, to August fifteenth, nine-
teen hundred forty-five, aboard merchant vessels  in  oceangoing,  i.e.,
foreign,  intercoastal,  or  coastwise service as such terms are defined
under federal law (46 USCA 10301 & 10501) and further to  include  "near
foreign"  voyages  between  the United States and Canada, Mexico, or the
West Indies via ocean routes, or public vessels in oceangoing service or
foreign waters  and  who  has  received  a  Certificate  of  Release  or
Discharge  from Active Duty and a discharge certificate, or an Honorable
Service Certificate/Report of Casualty, from the Department of  Defense,
or who served as a United States civilian employed by the American Field
Service and served overseas under United States Armies and United States
Army  Groups in world war II during the period of armed conflict, Decem-
ber seventh, nineteen hundred forty-one  through  May  eighth,  nineteen
hundred  forty-five,  and who was discharged or released therefrom under
honorable conditions, or who served as a United States  civilian  Flight
Crew  and Aviation Ground Support Employee of Pan American World Airways
or one of its subsidiaries or its affiliates and served  overseas  as  a
result  of  Pan  American's contract with Air Transport Command or Naval
Air Transport Service during the  period  of  armed  conflict,  December
fourteenth,  nineteen hundred forty-one through August fourteenth, nine-
teen hundred forty-five, and who was discharged  or  released  therefrom
under honorable conditions; or
  (e)  Korean  conflict  between  June  twenty-seventh, nineteen hundred
fifty and January thirty-first, nineteen hundred fifty-five, both inclu-
sive; or
  (f) Viet Nam conflict between February twenty-eighth, nineteen hundred
sixty-one and May seventh, nineteen hundred  seventy-five,  both  inclu-
sive; or
  (g) VETERANS WHO SERVED IN THE UNITED STATES MILITARY AND WERE EXPOSED
TO  RADIATION  DURING  MILITARY  SERVICE  IN A "RADIATION-RISK ACTIVITY"
DEFINED AS PARTICIPATION IN THE OCCUPATION  OF  HIROSHIMA  OR  NAGASAKI,
JAPAN  BETWEEN  AUGUST  SIXTH,  NINETEEN HUNDRED FORTY-FIVE THROUGH JULY
FIRST, NINETEEN HUNDRED FORTY-SIX; WERE PRISONERS OF WAR IN JAPAN DURING
WORLD WAR II; ONSITE PARTICIPATION IN A TEST INVOLVING  THE  ATMOSPHERIC
DETONATION  OF  A  NUCLEAR DEVICE, WHETHER OR NOT THE TESTING NATION WAS
THE UNITED STATES; OR
  (H) in the Persian Gulf conflict from the second day of August,  nine-
teen  hundred  ninety  to  the  end  of such conflict INCLUDING MILITARY
SERVICE IN OPERATION ENDURING FREEDOM, OPERATION IRAQI  FREEDOM,  OPERA-
TION NEW DAWN OR OPERATION INHERENT RESOLVE AND WAS THE RECIPIENT OF THE

S. 305--A                           3

GLOBAL  WAR  ON TERRORISM EXPEDITIONARY MEDAL OR THE IRAQ CAMPAIGN MEDAL
OR THE AFGHANISTAN CAMPAIGN MEDAL; and who was a resident of  the  state
of New York at the time of entry upon such active duty or who shall have
been  a  resident of this state for one year next preceding the applica-
tion for admission shall be entitled to admission to said home after the
approval of the application by the board of  visitors,  subject  to  the
provisions of this article and to the conditions, limitations and penal-
ties  prescribed  by the regulations of the department. Any such veteran
or dependent, who otherwise fulfills the requirements set forth in  this
section, may be admitted directly to the skilled nursing facility or the
health  related facility provided such veteran or dependent is certified
by a physician designated or approved by the department to  require  the
type of care provided by such facilities.
  S  2.  This  act shall take effect on the thirtieth day after it shall
have become a law.