Senate Bill S7738

2015-2016 Legislative Session

Establishes additional notice requirements for site selection for community residential facilities

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Sponsored By

Archive: Last Bill Status - In Senate Committee Mental Health And Developmental Disabilities 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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2015-S7738 (ACTIVE) - Details

See Assembly Version of this Bill:
A4094
Current Committee:
Senate Mental Health And Developmental Disabilities
Law Section:
Mental Hygiene Law
Laws Affected:
Amd §41.34, Ment Hyg L
Versions Introduced in Other Legislative Sessions:
2009-2010: A5835
2011-2012: A7540
2013-2014: A5754
2017-2018: S3582, A3130, A10666
2019-2020: S2530, A5741
2021-2022: S5818
2023-2024: S2886

2015-S7738 (ACTIVE) - Summary

Provides that a sponsoring agency shall give notice to persons owning property within 500 feet of a proposed site of a community residential facility and requires hearings to include evaluation of alternative sites; gives the municipality additional time to respond; gives municipality sixty rather than forty days after such notice to approve or object to the proposed site.

2015-S7738 (ACTIVE) - Sponsor Memo

2015-S7738 (ACTIVE) - Bill Text download pdf

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

                                  7738

                            I N  S E N A T E

                              May 12, 2016
                               ___________

Introduced  by  Sen.  COMRIE -- 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  procedures  in
  selection of sites for community residential facilities

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

  Section 1. Paragraph 1 of subdivision (c)  of  section  41.34  of  the
mental  hygiene  law, as amended by chapter 1024 of the laws of 1981 and
subparagraph (C) as amended by chapter 823  of  the  laws  of  1992,  is
amended to read as follows:
  (1)  When  a site has been selected by the sponsoring agency, it shall
notify ALL PERSONS OWNING PROPERTY  WITHIN  FIVE  HUNDRED  FEET  OF  THE
PROPOSED  SITE  AND  the  chief executive officer of the municipality in
writing [and include in such notice].   SUCH NOTICE  SHALL  INCLUDE  the
specific  address  of  the  site,  the  type of community residence, the
number of residents  and  the  community  support  requirements  of  the
program.  [Such  notice] THE NOTICE GIVEN TO THE MUNICIPALITY shall also
contain the most recently published data compiled  pursuant  to  section
[four  hundred  sixty-three]  FOUR  HUNDRED  SIXTY-THREE-A of the social
services law which can reasonably be expected to permit the municipality
to evaluate all such facilities affecting the nature  and  character  of
the  area  wherein  such proposed facility is to be located. The munici-
pality shall have [forty] SIXTY days after the receipt  of  such  notice
to:
  (A) approve the site recommended by the sponsoring agency;
  (B)  suggest  one or more suitable sites within its jurisdiction which
could accommodate such a facility; or
  (C) object to the establishment of a facility of the kind described by
the sponsoring agency because to do so would result in  such  a  concen-
tration of community residential facilities for the mentally disabled in
the  municipality  or in the area in proximity to the site selected or a
combination of such facilities with other community residences or  simi-
lar facilities licensed by other agencies of state government, including

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

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