S T A T E O F N E W Y O R K
________________________________________________________________________
4610
2009-2010 Regular Sessions
I N S E N A T E
April 24, 2009
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Introduced by Sens. ONORATO, DILAN, HASSELL-THOMPSON, C. JOHNSON, KLEIN,
PARKER, SAMPSON, STACHOWSKI, THOMPSON -- read twice and ordered print-
ed, and when printed to be committed to the Committee on Mental Health
and Developmental Disabilities
AN ACT to amend the mental hygiene law, in relation to requiring spon-
soring agencies intending to establish residential facilities for the
disabled to notify the chief executive officer of the municipality in
certain cases
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision (b) of section 41.34 of the mental hygiene
law, as amended by chapter 1024 of the laws of 1981, is amended to read
as follows:
(b) If a sponsoring agency intends to establish a residential facility
for the disabled within a municipality but does not have a specific site
selected, it [may] SHALL notify the chief executive officer of the muni-
cipality in writing of its intentions and include in such notice a
description of the nature, size and community support requirements of
the program. THE CHIEF EXECUTIVE OFFICER OF SUCH MUNICIPALITY AND, IN
CITIES HAVING A POPULATION OF ONE MILLION OR MORE, IN CONSULTATION WITH
THE CHAIRPERSONS OF THE COMMUNITY BOARDS FOR THE AREAS WHERE THE POTEN-
TIAL SITES ARE LOCATED, SHALL REVIEW SUCH NOTICE AND OFFER POTENTIAL
SITES WHICH, TO THE EXTENT POSSIBLE, COMPLY WITH THE DESCRIPTION OF THE
NATURE, SIZE AND COMMUNITY SUPPORT REQUIREMENTS OF THE PROGRAM AS
DETAILED BY THE SPONSORING AGENCY. Provided, however, nothing in this
subdivision shall preclude the proposed establishment of a site pursuant
to subdivision (c) of this section.
S 2. This act shall take effect on the sixtieth day after it shall
have become a law.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03670-01-9