S T A T E O F N E W Y O R K
________________________________________________________________________
2305
2011-2012 Regular Sessions
I N S E N A T E
January 18, 2011
___________
Introduced by Sen. KRUGER -- read twice and ordered printed, and when
printed to be committed to the Committee on Mental Health and Develop-
mental Disabilities
AN ACT to amend the mental hygiene law, in relation to limiting the site
selection for community residences for the disabled
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 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 community support requirements of the program.
[Provided, however, nothing] NOTHING in this subdivision shall preclude
the proposed establishment of a site pursuant to subdivision (c) of this
section PROVIDED, HOWEVER, THAT NO NEW RESIDENTIAL FACILITY SHALL BE
SITED OR ESTABLISHED WITHIN A ONE MILE RADIUS OF AN EXISTING FACILITY.
S 2. This act shall take effect immediately and shall apply to site
selections made on and after the effective date of this act.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07452-01-1