senate Bill S3582

2017-2018 Legislative Session

Establishes additional notice requirements for site selection for community residential facilities

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Mental Health And Developmental Disabilities Committee


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

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Actions

view actions (2)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 03, 2018 referred to mental health and developmental disabilities
Jan 25, 2017 referred to mental health and developmental disabilities

S3582 (ACTIVE) - Details

See Assembly Version of this Bill:
A10666
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
2015-2016: S7738, A4094
2019-2020: S2530, A5741

S3582 (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.

S3582 (ACTIVE) - Sponsor Memo

S3582 (ACTIVE) - Bill Text download pdf


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

                                  3582

                       2017-2018 Regular Sessions

                            I N  S E N A T E

                            January 25, 2017
                               ___________

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

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

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