S T A T E O F N E W Y O R K
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2424
2011-2012 Regular Sessions
I N A S S E M B L Y
January 18, 2011
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Introduced by M. of A. P. RIVERA, DESTITO, LUPARDO, SCHROEDER -- read
once and referred to the Committee on Mental Health
AN ACT to amend the mental hygiene law, in relation to significant
service reductions at facilities of the office for people with devel-
opmental 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 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-
MIZE THE IMPACT OF SUCH SIGNIFICANT SERVICE REDUCTIONS ON THE LOCAL AND
REGIONAL ECONOMIES;
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00023-01-1
A. 2424 2
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.