Assembly Bill A2736

2011-2012 Legislative Session

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

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Assembly Committee

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2011-A2736 (ACTIVE) - Details

Current Committee:
Assembly Social Services
Law Section:
Social Services Law
Laws Affected:
Amd §461-b, Soc Serv L
Versions Introduced in Other Legislative Sessions:
2009-2010: A2764
2013-2014: A3392
2015-2016: A3959
2017-2018: A7668

2011-A2736 (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.

2011-A2736 (ACTIVE) - Bill Text download pdf 

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

                                  2736

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            January 20, 2011
                               ___________

Introduced  by  M.  of  A. FITZPATRICK -- Multi-Sponsored by -- M. of A.
  THIELE -- 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
                      [ ] is old law to be omitted.

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