S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5147
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 6, 2017
                                ___________
 
 Introduced by M. of A. WALTER -- read once and referred to the Committee
   on Aging
 
 AN  ACT  to amend the elder law, in relation to establishing a veterans'
   gerontological advisory committee
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section  1.  The  elder  law is amended by adding a new section 224 to
 read as follows:
   § 224. VETERANS' GERONTOLOGICAL ADVISORY COMMITTEE. 1. THERE IS HEREBY
 ESTABLISHED  WITHIN  THE  OFFICE  A  VETERANS'  GERONTOLOGICAL  ADVISORY
 COMMITTEE  WHICH  SHALL  CONSIST  OF NO MORE THAN NINETEEN MEMBERS TO BE
 APPOINTED PURSUANT TO THIS SUBDIVISION. MEMBERS SHALL BE APPOINTED FOR A
 TERM OF SIX YEARS AND MAY  SERVE  UNTIL  THEIR  SUCCESSORS  ARE  CHOSEN.
 MEMBERS  SHALL SERVE WITHOUT SALARY. ANY MEMBER CHOSEN TO FILL A VACANCY
 CREATED OTHERWISE THAN BY EXPIRATION OF TERM SHALL BE APPOINTED FOR  THE
 UNEXPIRED  TERM OF THE MEMBER HE OR SHE IS TO SUCCEED. A CHAIRPERSON AND
 VICE-CHAIRPERSON SHALL BE APPOINTED BY THE DIRECTOR, AND  THE  COMMITTEE
 SHALL BE COMPRISED OF:
   (A)  TWO  MEMBERS  APPOINTED  BY  THE  GOVERNOR, BOTH OF WHOM SHALL BE
 VETERANS;
   (B) NINE MEMBERS APPOINTED BY THE DIRECTOR, INCLUDING:
   (1) AT LEAST ONE OF WHOM SHALL BE A PHYSICIAN IN THE FIELD OF  PRIMARY
 CARE GERIATRIC MEDICINE;
   (2)  AT LEAST ONE OF WHOM SHALL BE A RESEARCHER IN THE FIELD OF SOCIAL
 GERONTOLOGY;
   (3) AT LEAST ONE OF WHOM SHALL BE CERTIFIED AS A GERIATRIC NURSE PRAC-
 TITIONER;
   (4) AT LEAST ONE OF WHOM SHALL BE A CLINICAL PRACTITIONER OF GERIATRIC
 PSYCHIATRY;
   (5) AT LEAST ONE OF WHOM SHALL BE A FACILITY  OR  HEALTH  CARE  SYSTEM
 VETERANS'  HOME-BASED  PRIMARY  CARE  PROGRAM DIRECTOR AS DEFINED BY THE

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

                                                            LBD04752-01-7

 A. 5147                             2
 
 UNITED STATES DEPARTMENT OF VETERANS' AFFAIRS VETERANS' HEALTH  ADMINIS-
 TRATION DIRECTIVE ELEVEN HUNDRED FORTY-ONE;
   (6)  AT  LEAST ONE OF WHOM SHALL BE A CAREGIVER IN THE FIELD OF VETER-
 ANS' RESPITE CARE;
   (7) AT LEAST ONE OF WHOM SHALL BE AN EXPERT IN THE FIELD OF  ELDERCARE
 PLANNING  AND  MANAGEMENT  FROM THE NEW YORK STATE VETERANS' HOME ESTAB-
 LISHED PURSUANT TO ARTICLE TWENTY-SIX-A OF THE PUBLIC HEALTH LAW;
   (8) AT LEAST ONE OF WHOM SHALL BE AN EXPERT IN THE FIELD  OF  GERONTO-
 LOGICAL SOCIAL WORK WHO SPECIALIZES IN SERVICES FOR AGING VETERANS; AND
   (9)  AT  LEAST  ONE  OF WHOM SHALL BE AN ECONOMIST WITH A FOCUS IN THE
 FIELDS OF AGING, HOUSEHOLD SAVING, PENSIONS, SOCIAL SECURITY,  TAXATION,
 AND HOUSING MARKETS;
   (C) THREE MEMBERS APPOINTED BY THE GOVERNOR UPON THE NOMINATION OF THE
 TEMPORARY PRESIDENT OF THE SENATE, EACH OF WHOM SHALL BE VETERANS;
   (D) THREE MEMBERS APPOINTED BY THE GOVERNOR UPON THE NOMINATION OF THE
 SPEAKER OF THE ASSEMBLY, EACH OF WHOM SHALL BE VETERANS;
   (E)  ONE  MEMBER  APPOINTED BY THE GOVERNOR UPON THE NOMINATION OF THE
 MINORITY LEADER OF THE SENATE WHO SHALL BE A VETERAN; AND
   (F) ONE MEMBER APPOINTED BY THE GOVERNOR UPON THE  NOMINATION  OF  THE
 MINORITY LEADER OF THE ASSEMBLY WHO SHALL BE A VETERAN.
   2. SIXTY PERCENT OF THE MEMBERS OF THE ADVISORY COMMITTEE APPOINTED ON
 AND AFTER THE EFFECTIVE DATE OF THIS SUBDIVISION SHALL BE SIXTY YEARS OF
 AGE OR OVER.
   3. THE COMMITTEE SHALL PROVIDE ADVICE, COMMENTS AND RECOMMENDATIONS TO
 ADVISE THE DIRECTOR ON POLICIES, PROGRAMS, SERVICES AND TRENDS IMPACTING
 THE STATE'S AGING VETERAN POPULATION AND THE LARGER CONTEXT OF VETERANS'
 HEALTHCARE  SYSTEMS,  AND SUCH OTHER MATTERS AS THE DIRECTOR MAY REQUEST
 IN RELATION TO THIS ARTICLE.
   4. THE ADVISORY COMMITTEE SHALL MEET AT LEAST ONCE ANNUALLY  AT  TIMES
 AND PLACES SET BY THE CHAIRPERSON.
   5.  THE  DIRECTOR  MAY ASK OTHER INDIVIDUALS TO ATTEND THE COMMITTEE'S
 MEETINGS OR WORK WITH IT ON AN OCCASIONAL OR REGULAR BASIS.
   6. MEMBERSHIP ON THE COMMITTEE SHALL NOT CONSTITUTE THE HOLDING OF  AN
 OFFICE,  AND  MEMBERS OF THE COMMITTEE SHALL NOT BE REQUIRED TO TAKE AND
 FILE OATHS OF OFFICE BEFORE SERVING  ON  THE  COMMITTEE.  THE  COMMITTEE
 SHALL NOT HAVE THE RIGHT TO EXERCISE ANY PORTION OF THE SOVEREIGN POWERS
 OF THE STATE.
   7.  NO  MEMBER OF THE COMMITTEE SHALL BE DISQUALIFIED FROM HOLDING ANY
 PUBLIC OFFICE OR EMPLOYMENT, NOR SHALL HE OR SHE FORFEIT ANY SUCH OFFICE
 OR EMPLOYMENT, BY REASON OF HIS OR HER APPOINTMENT  HEREUNDER,  NOTWITH-
 STANDING  THE PROVISIONS OF ANY GENERAL, SPECIAL OR LOCAL LAW, ORDINANCE
 OR CITY CHARTER.
   8. FOR THE PURPOSES OF  THIS  SECTION,  THE  TERM  "VETERAN"  MEANS  A
 PERSON,  MALE  OR  FEMALE, RESIDENT OF THIS STATE, WHO HAS SERVED IN THE
 ACTIVE MILITARY OR NAVAL SERVICE OF THE UNITED STATES DURING  A  WAR  IN
 WHICH  THE  UNITED  STATES  ENGAGED  AND WHO HAS BEEN RELEASED FROM SUCH
 SERVICE BY ANY MEANS OTHER THAN BY DISHONORABLE DISCHARGE,  OR  WHO  HAS
 BEEN FURLOUGHED TO THE RESERVE.
   § 2. This act shall take effect immediately.