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Assembly Bill A2764

2009-2010 Legislative Session

Requires prior approval of a municipality with respect to site selection for adult care facility, and provides for a public hearing thereon

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Archive: Last Bill Status - In Assembly Committee

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2009-A2764 (ACTIVE) - Details

Current Committee:
Assembly Social Services
Law Section:
Social Services Law
Laws Affected:
Amd ยง461-b, Soc Serv L
Versions Introduced in Other Legislative Sessions:
2011-2012: A2736
2013-2014: A3392
2015-2016: A3959
2017-2018: A7668

2009-A2764 (ACTIVE) - Summary

Provides that any person planning to establish one or more adult care facilities within a municipality shall inform the chief executive officer of such municipality of the nature, size and requirements of such facility; provides that the municipality shall have forty days after the receipt of notice to object to any such sites; provides that if the municipality fails to object in forty days, such person may establish the facility.

2009-A2764 (ACTIVE) - Bill Text download pdf 

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

                                  2764

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 21, 2009
                               ___________

Introduced  by  M.  of  A. FITZPATRICK -- Multi-Sponsored by -- M. of A.
  THIELE, WALKER -- read once and referred to the  Committee  on  Social
  Services

AN  ACT  to  amend the social services law, in relation to requiring the
  prior approval of a municipality with respect to  site  selection  for
  adult care facilities

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

  Section 1. Section 461-b of the social  services  law  is  amended  by
adding a new subdivision 9 to read as follows:
  9. (A) IF ANY PERSON PLANS TO ESTABLISH ONE OR MORE ADULT CARE FACILI-
TIES  WITHIN A MUNICIPALITY, IT SHALL NOTIFY THE CHIEF EXECUTIVE OFFICER
OF THE MUNICIPALITY IN WRITING OF ITS INTENTIONS  AND  INCLUDE  IN  SUCH
NOTICE  A  DESCRIPTION  OF  THE  NATURE,  SIZE AND THE COMMUNITY SUPPORT
REQUIREMENTS OF THE PROGRAM. SUCH PERSON MAY RECOMMEND ONE OR MORE SITES
WHICH MEET THE REQUIREMENTS OF THE PROGRAM. THE MUNICIPALITY, ACTING  BY
AND  THROUGH  ITS  LEGISLATIVE  BODY,  SHALL  HAVE NINETY DAYS AFTER THE
RECEIPT OF SUCH NOTICE TO CONDUCT AT LEAST ONE PUBLIC HEARING  REGARDING
A  NOTICE  OF  INTENTION  TO ESTABLISH ONE OR MORE ADULT CARE FACILITIES
WITHIN THE MUNICIPALITY. UPON CONCLUSION OF THE PUBLIC HEARING OR  HEAR-
INGS,  THE  MUNICIPALITY,  ACTING  BY  AND THROUGH ITS LEGISLATIVE BODY,
SHALL HAVE FORTY DAYS AFTER THE RECEIPT OF SUCH NOTICE TO OBJECT TO  ANY
OF SUCH SITES AS RECOMMENDED, AND MAY PROPOSE AN ALTERNATE SITE OR SITES
WITHIN  ITS  GEOGRAPHICAL  BOUNDARIES  AS IT DEEMS APPROPRIATE.   IF THE
MUNICIPALITY DOES NOT RESPOND WITHIN FORTY DAYS, SUCH PERSON MAY  ESTAB-
LISH SUCH A FACILITY AT THE SITE RECOMMENDED IN ITS NOTICE.
  (B) FOR PURPOSES OF THIS SUBDIVISION, "MUNICIPALITY" MEANS AN INCORPO-
RATED  VILLAGE,  IF  A FACILITY IS TO BE LOCATED THEREIN; A TOWN, IF THE
FACILITY IS TO BE LOCATED THEREIN,  AND  NOT  SIMULTANEOUSLY  WITHIN  AN
INCORPORATED  VILLAGE;  OR  A CITY, EXCEPT THAT IN THE CITY OF NEW YORK,
THE COMMUNITY BOARD WITH JURISDICTION OVER THE  AREA  IN  WHICH  SUCH  A
FACILITY IS TO BE LOCATED SHALL BE CONSIDERED THE MUNICIPALITY.
  S 2. This act shall take effect immediately.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

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