S T A T E O F N E W Y O R K
________________________________________________________________________
S. 3013 A. 3575
2013-2014 Regular Sessions
S E N A T E - A S S E M B L Y
January 28, 2013
___________
IN SENATE -- Introduced by Sen. VALESKY -- read twice and ordered print-
ed, and when printed to be committed to the Committee on Mental Health
and Developmental Disabilities
IN ASSEMBLY -- Introduced by M. of A. BARRETT -- read once and referred
to the Committee on Mental Health
AN ACT to amend the mental hygiene law, in relation to including the
executive officer of a local government's office for the aging in the
composition of such government's local community service board
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivisions (a) and (b) of section 41.11 of the mental
hygiene law, as amended by section 52 of chapter 37 of the laws of 2011,
are amended to read as follows:
(a) In all local governments with a population less than one hundred
thousand, community services boards, at the option of the local govern-
ment, shall have either nine or fifteen members appointed by the local
government. In all other local governments, a community services board
shall have fifteen members appointed by the local government.
Whenever practicable at least one member shall be a licensed physician
and one member shall be a certified psychologist and otherwise at least
two members shall be licensed physicians, such members to have demon-
strated an interest in the field of services for persons with mental
disabilities. ONE MEMBER SHALL BE THE EXECUTIVE OFFICER OF THE LOCAL
GOVERNMENT'S OFFICE FOR THE AGING. The other members shall represent the
community interest in all the problems of persons with mental disabili-
ties and shall include representatives from community agencies for
persons with mental illness, developmental disabilities, and those
suffering from alcoholism and substance abuse. The community services
board shall have separate subcommittees for mental health, developmental
disabilities, and alcoholism or, at the discretion of the local govern-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07331-01-3
S. 3013 2 A. 3575
ment, alcoholism and substance abuse. Each separate subcommittee shall
have no more than nine members appointed by the local government, except
that each subcommittee for mental health shall have no more than eleven
members appointed by the local government. Three of each such subcommit-
tee shall be members of the board. Each separate subcommittee shall be
composed of persons who have demonstrated an interest in the field of
services for the particular class of mentally disabled and shall include
former patients, parents or relatives of such persons with mental disa-
bilities and community agencies serving the particular class of mentally
disabled, except that each subcommittee for mental health shall include
at least two members who are or were consumers of mental health
services, and at least two members who are parents or relatives of
persons with mental illness. Each separate subcommittee shall advise the
community services board and the director of community services regard-
ing the exercise of all policy-making functions vested in such board or
director, as such functions pertain to the field of services for the
particular class of mentally disabled individuals represented by such
subcommittee. In addition, each subcommittee for mental health shall be
authorized to annually evaluate the local services plan, and shall be
authorized to report on the consistency of such plan with the needs of
persons with serious mental illness, including children and adolescents
with serious emotional disturbances. Any such report shall be forwarded
annually to the community services board and the director of community
services and a copy shall also be sent to the commissioner prior to the
submission of the local services plan, provided, however, that the
provisions of this paragraph shall not apply to cities of over a million
in population.
(b) In cities of over a million a community services board shall
consist of fifteen members to be appointed by the mayor. There shall be
at least two residents of each county within such cities on the board.
At least one shall be a licensed physician and at least one shall be a
certified psychologist. ONE MEMBER SHALL BE THE COMMISSIONER OF THE NEW
YORK CITY DEPARTMENT FOR THE AGING. The other members shall represent
the community interest in all of the problems of the mentally disabled
and shall include representatives from community agencies for persons
with mental illness and developmental disabilities, and those suffering
from alcoholism and substance abuse. The community services board shall
have separate subcommittees for mental health, developmental disabili-
ties, and alcoholism or, at the discretion of the local government,
alcoholism and substance abuse. Each separate subcommittee shall have no
more than nine members appointed by the local government, except that
each subcommittee for mental health shall have no more than eleven
members appointed by the local government. Three members of each such
subcommittee shall be members of the board. Each separate subcommittee
shall be composed of persons who have demonstrated an interest in the
field of services for the particular class of mentally disabled and
shall include former patients, parents or relatives of such persons with
mental disabilities and community agencies serving the particular class
of mentally disabled, except that each subcommittee for mental health
shall include at least two members who are or were consumers of mental
health services, and two members who are parents or relatives of persons
with mental illness. Each separate subcommittee shall advise the commu-
nity services board and the director of community services regarding the
exercise of all policy-making functions vested in such board or direc-
tor, as such functions pertain to the field of services for the partic-
ular class of individuals with mental disabilities represented by such
S. 3013 3 A. 3575
subcommittee. In addition, each subcommittee for mental health shall be
authorized to annually evaluate the local services plan, and shall be
authorized to report on the consistency of such plan with the needs of
persons with serious mental illness, including children and adolescents
with serious emotional disturbances. Any such report shall be forwarded
annually to the community services board and the director of community
services, and a copy shall also be sent to the commissioner prior to the
submission of the local services plan.
S 2. Subdivisions (a) and (b) of section 41.11 of the mental hygiene
law, as amended by section 52-a of chapter 37 of the laws of 2011, are
amended to read as follows:
(a) In all local governments with a population less than one hundred
thousand, community services board, at the option of the local govern-
ment, shall have either nine or fifteen members appointed by the local
government. In all other local governments, a community services board
shall have fifteen members appointed by the local government.
Whenever practicable at least one member shall be a licensed physician
and one member shall be a certified psychologist and otherwise at least
two members shall be licensed physicians, such members to have demon-
strated an interest in the field of services for the mentally disabled.
ONE MEMBER SHALL BE THE EXECUTIVE OFFICER OF THE LOCAL GOVERNMENT'S
OFFICE FOR THE AGING. The other members shall represent the community
interest in all the problems of the mentally disabled and shall include
representatives from community agencies for individuals with mental
illness, developmental disabilities, and those suffering from alcoholism
and substance abuse. The community services board shall have separate
subcommittees for mental health, developmental disabilities, and alco-
holism or, at the discretion of the local government, alcoholism and
substance abuse. Each separate subcommittee shall have no more than nine
members appointed by the local government. Three of each such subcommit-
tee shall be members of the board. Each separate subcommittee shall be
composed of persons who have demonstrated an interest in the field of
services for the particular class of mentally disabled and shall include
former patients, parents or relatives of such mentally disabled persons
and community agencies serving the particular class of mentally disa-
bled. Each separate subcommittee shall advise the community services
board and the director of community services regarding the exercise of
all policy-making functions vested in such board or director, as such
functions pertain to the field of services for the particular class of
individuals with mental disabilities represented by such subcommittee.
Provided however that the provisions of this paragraph shall not apply
to cities of over a million in population.
(b) In cities of over a million a community services board shall
consist of fifteen members to be appointed by the mayor. There shall be
at least two residents of each county within such cities on the board.
At least one shall be a licensed physician and at least one shall be a
certified psychologist. ONE MEMBER SHALL BE THE COMMISSIONER OF THE NEW
YORK CITY DEPARTMENT FOR THE AGING. The other members shall represent
the community interest in all of the problems of persons with mental
disabilities and shall include representatives from community agencies
for persons with mental illness, developmental disabilities, and those
suffering from alcoholism and substance abuse. The community services
board shall have separate subcommittees for mental health, developmental
disabilities, and alcoholism or, at the discretion of the local govern-
ment, alcoholism and substance abuse. Each separate subcommittee shall
have no more than nine members appointed by the local government. Three
S. 3013 4 A. 3575
members of each such subcommittee shall be members of the board. Each
separate subcommittee shall be composed of persons who have demonstrated
an interest in the field of services for the particular class of mental-
ly disabled and shall include former patients, parents or relatives of
such persons with mental disabilities and community agencies serving the
particular class of mentally disabled. Each separate subcommittee shall
advise the community services board and the director of community
services regarding the exercise of all policy-making functions vested in
such board or director, as such functions pertain to the field of
services for the particular class of persons with mental disabilities
represented by such subcommittee.
S 3. This act shall take effect immediately; provided that the amend-
ments to subdivisions (a) and (b) of section 41.11 of the mental hygiene
law made by section one of this act shall be subject to the expiration
and reversion of such subdivisions pursuant to section 7 of part R2 of
chapter 62 of the laws of 2003, as amended, when upon such date the
provisions of section two of this act shall take effect.