senate Bill S3078

2011-2012 Legislative Session

Relates to the discharge of residents of a community residence

download bill text pdf

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Archive: Last Bill Status - Passed Senate


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (16)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Apr 25, 2012 referred to mental health
delivered to assembly
passed senate
Mar 19, 2012 advanced to third reading
Mar 15, 2012 2nd report cal.
Mar 14, 2012 1st report cal.354
Jan 04, 2012 referred to mental health and developmental disabilities
returned to senate
died in assembly
Jun 16, 2011 referred to mental health
delivered to assembly
passed senate
Jun 13, 2011 advanced to third reading
Jun 07, 2011 2nd report cal.
Jun 06, 2011 1st report cal.1002
Feb 08, 2011 referred to mental health and developmental disabilities

Votes

view votes

Mar 14, 2012 - Mental Health and Developmental Disabilities committee Vote

S3078
9
0
committee
9
Aye
0
Nay
1
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Mental Health and Developmental Disabilities committee vote details

Mental Health and Developmental Disabilities Committee Vote: Mar 14, 2012

aye wr (1)

Jun 6, 2011 - Mental Health and Developmental Disabilities committee Vote

S3078
9
0
committee
9
Aye
0
Nay
1
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Mental Health and Developmental Disabilities committee vote details

Mental Health and Developmental Disabilities Committee Vote: Jun 6, 2011

aye wr (1)

S3078 - Details

See Assembly Version of this Bill:
A8472
Law Section:
Mental Hygiene Law
Laws Affected:
Amd §§41.33, 41.41 & 41.44, Ment Hyg L; add §713-b, RPAP L
Versions Introduced in 2009-2010 Legislative Session:
S3486

S3078 - Summary

Relates to the discharge of residents of a community residence; provides that nothing shall be deemed construed as creating a relationship of landlord and tenant between an operator of a community residence and a resident; defines community residence.

S3078 - Sponsor Memo

S3078 - Bill Text download pdf

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

                                  3078

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            February 8, 2011
                               ___________

Introduced  by  Sen. HUNTLEY -- 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 and the real property actions and
  proceedings law, in relation to discharge of residents of a  community
  residence

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

  Section 1. Section 41.33 of the mental  hygiene  law,  as  amended  by
chapter 298 of the laws of 1984, is amended to read as follows:
S 41.33 Community residences for the mentally disabled.
  The  commissioner shall have the power to operate or cause to be oper-
ated  community  residential  facilities  for  the  mentally   disabled.
NOTWITHSTANDING ANY CONTRARY PROVISION OF LAW, NOTHING CONTAINED IN THIS
SECTION  SHALL  BE  CONSTRUED AS CREATING A RELATIONSHIP OF LANDLORD AND
TENANT BETWEEN AN OPERATOR OF A COMMUNITY RESIDENCE AND A RESIDENT THER-
EOF. Within amounts available therefor and subject to regulations estab-
lished by him OR HER and notwithstanding any other  provisions  of  this
article,  he  OR  SHE  may provide state aid to local governments and to
voluntary agencies (i) in an amount not  to  exceed  fifty  percent  for
acquisition or construction of such community residences, and (ii) in an
amount  not  to  exceed  fifty  percent for the total operating costs of
community residences except community residences for the  mentally  ill.
Such  state  aid to voluntary agencies shall not be granted unless there
has been prior approval of the proposed community residence by the local
governmental unit.
  S 2.  Section 41.41 of the mental hygiene law is amended by  adding  a
new subdivision 3 to read as follows:
  3.    NOTWITHSTANDING ANY CONTRARY PROVISION OF LAW, NOTHING CONTAINED
IN THIS SECTION SHALL BE CONSTRUED AS CREATING A RELATIONSHIP  OF  LAND-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08708-01-1

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