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

                                  5901

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            February 23, 2009
                               ___________

Introduced  by M. of A. P. RIVERA, DESTITO, LUPARDO, SCHROEDER -- Multi-
  Sponsored by -- M. of A. QUINN  --  read  once  and  referred  to  the
  Committee on Mental Health, Mental Retardation and Developmental Disa-
  bilities

AN  ACT  to  amend  the  mental  hygiene law, in relation to significant
  service reductions at facilities of the office of  mental  retardation
  and developmental disabilities

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

  Section 1. Section 13.17 of the  mental  hygiene  law  is  amended  by
adding a new subdivision (e) to read as follows:
  (E)  IN THE EVENT THAT THE PLAN FOR STATE AND LOCAL SERVICES FOR CITI-
ZENS WITH MENTAL RETARDATION AND DEVELOPMENTAL  DISABILITIES,  DEVELOPED
IN  ACCORDANCE  WITH  SECTION  13.07  OF  THIS  ARTICLE, DETERMINES THAT
SIGNIFICANT  SERVICE  REDUCTIONS  ARE  ANTICIPATED  FOR   A   PARTICULAR
STATE-OPERATED  FACILITY  OR  A  STATE-OPERATED  RESEARCH INSTITUTE, THE
COMMISSIONER SHALL TAKE THE FOLLOWING ACTIONS, PROVIDED NOTHING IN  THIS
SUBDIVISION  SHALL  CREATE  A  BASIS  FOR ENJOINING ANY OTHERWISE LAWFUL
SERVICE REDUCTIONS:
  1. CONFER WITH THE DEPARTMENT OF CIVIL SERVICE, THE GOVERNOR'S  OFFICE
OF  EMPLOYEE  RELATIONS AND ANY OTHER STATE AGENCY TO DEVELOP STRATEGIES
WHICH ATTEMPT TO MINIMIZE THE IMPACT ON THE STATE WORKFORCE BY PROVIDING
ASSISTANCE   IN   OBTAINING   STATE   EMPLOYMENT    IN    STATE-OPERATED
COMMUNITY-BASED  SERVICES  OR  OTHER  EMPLOYMENT  OPPORTUNITIES,  AND TO
DEVELOP STRATEGIES FOR THE DEVELOPMENT OF NECESSARY RETRAINING AND REDE-
PLOYMENT PROGRAMS. IN PLANNING SUCH STRATEGIES, THE  COMMISSIONER  SHALL
PROVIDE  FOR  THE  PARTICIPATION  OF  THE  REPRESENTATIVES OF THE PUBLIC
EMPLOYEE LABOR ORGANIZATIONS AND FOR THE PARTICIPATION OF MANAGERIAL AND
CONFIDENTIAL EMPLOYEES TO ENSURE CONTINUITY OF EMPLOYMENT;
  2. CONSULT WITH THE DEPARTMENT OF ECONOMIC DEVELOPMENT AND  ANY  OTHER
APPROPRIATE  STATE AGENCIES TO DEVELOP STRATEGIES WHICH ATTEMPT TO MINI-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02547-01-9
              

A. 5901                             2

MIZE THE IMPACT OF SUCH SIGNIFICANT SERVICE REDUCTIONS ON THE LOCAL  AND
REGIONAL ECONOMIES;
  3. PROVIDE FOR A MECHANISM WHICH MAY REASONABLY BE EXPECTED TO PROVIDE
NOTICE  TO  LOCAL  GOVERNMENTS, COMMUNITY ORGANIZATIONS, PUBLIC EMPLOYEE
LABOR ORGANIZATIONS, MANAGERIAL AND CONFIDENTIAL EMPLOYEES, CONSUMER AND
ADVOCACY GROUPS OF THE POTENTIAL FOR SIGNIFICANT SERVICE  REDUCTIONS  AT
SUCH  STATE-OPERATED  FACILITIES OR PROGRAMS AND STATE-OPERATED RESEARCH
INSTITUTE AT LEAST  TWELVE  MONTHS  PRIOR  TO  COMMENCING  SUCH  SERVICE
REDUCTION; AND
  4. CONSULT WITH THE OFFICE OF GENERAL SERVICES AND ANY OTHER APPROPRI-
ATE  STATE  AGENCY IN DEVELOPING A MECHANISM FOR DETERMINING ALTERNATIVE
USES FOR LAND AND BUILDINGS TO BE VACATED BY THE OFFICE.  SUCH  A  MECH-
ANISM  SHOULD  INCLUDE A REVIEW OF OTHER PROGRAMS OR STATE AGENCIES THAT
COULD FEASIBLY EXPAND THEIR OPERATIONS ONTO A STATE-OPERATED CAMPUS  AND
ARE COMPATIBLE WITH THE HEALTH, SAFETY AND PROGRAMMATIC NEEDS OF PERSONS
SERVED IN SUCH FACILITIES.
  S 2. This act shall take effect immediately.