NY State Senate Bill S902

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
Feb 05, 2018	referred to alcoholism and drug abuse delivered to assembly passed senate
Jan 30, 2018	advanced to third reading
Jan 29, 2018	2nd report cal.
Jan 23, 2018	1st report cal.248
Jan 03, 2018	referred to alcoholism and drug abuse returned to senate died in assembly
Feb 06, 2017	referred to alcoholism and drug abuse delivered to assembly passed senate
Jan 31, 2017	advanced to third reading
Jan 30, 2017	2nd report cal.
Jan 24, 2017	1st report cal.87
Jan 05, 2017	referred to alcoholism and drug abuse

Votes

view votes

Feb 5, 2018 - floor Vote

S902

floor

Aye

Nay

Absent

Excused

Abstained

Jan 23, 2018 - Alcoholism and Substance Use Disorders committee Vote

S902

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

Feb 6, 2017 - floor Vote

S902

floor

Aye

Nay

Absent

Excused

Abstained

Jan 24, 2017 - Alcoholism and Substance Use Disorders committee Vote

S902

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

Co-Sponsors

S902 (ACTIVE) - Details

See Assembly Version of this Bill:: A6210
Law Section:: Mental Hygiene Law
Laws Affected:: Add §19.04, Ment Hyg L
Versions Introduced in Other Legislative Sessions:: 2015-2016: S3989, A7933
2019-2020: S4496, A6718
2021-2022: S3411, A5670
2023-2024: S3349

S902 (ACTIVE) - Summary

Creates a sober living task force.

S902 (ACTIVE) - Sponsor Memo

 
BILL NUMBER: S902                Revised 01/31/18

SPONSOR: CROCI
 
TITLE OF BILL:

An act to amend the mental hygiene law, in relation to the creation of a
sober living task force

 
PURPOSE:

The purpose of this bill is to identify and promote alcohol and drug
free living environments statewide for persons in recovery from a chemi-
cal dependency.

 
SUMMARY OF PROVISIONS:

Section one adds a new section, 19.04, to the mental hygiene law, there-
by establishing the sober living task force. The task force will be
charged with establishing best practice guidelines for sober living
residences that illustrate the most appropriate and effective environ-
ment for persons recovering from a chemical dependency. The task force

must report to the legislature no later than one year after the effec-
tive date of this act.

 
JUSTIFICATION:

Stable and safe alcohol and drug free housing promotes long term recov-
ery for individuals suffering from a chemical dependency.  Inappropriate
housing or a lack of housing has the potential to be a serious obstacle
to an individuals' goal towards long term recovery.  Often, individual's
seeking help are discharged from an in-patient treatment facility after
a short stay, and are left with no suitable place to go. Unfortunately,
in New York state, and across the country, there is a lack of appropri-
ate housing for these individuals.

New York is currently restricted in our ability to regulating the sober
homes that are operating in our state. The federal Fair Housing Amend-
ment Act prohibits the state from regulating the housing of individuals
in recovery, unless the state can prove, using reliable studies and
evidence, that: (1) regulation of such housing serves a legitimate
governmental interest, (2) the regulations are the least restrictive way
to advance that legitimate interest, and that (3) the regulation bene-
fits the person in recovery. Federal courts have continually struck down
any attempt to regulate sober housing, citing the need for the above
burdens to be met.

By establishing a task force of highly qualified individuals to study
this issue, collect evidence, and submit a report containing recommenda-
tions, the legislature will be better equipped to determine the most
appropriate way to support individuals in recovery with regard to their
housing needs. Further, if the task force determines that regulation,
certification, or licensure of sober housing is in the best interest of
those in recovery, the state will have the evidence it needs to with-
stand a federal Fair Housing Act claim.

 
LEGISLATIVE HISTORY:

S3989 of 2015/16: Passed in the Senate

 
FISCAL IMPLICATIONS:

None to the state

 
EFFECTIVE DATE:
Immediately

S902 (ACTIVE) - Bill Text download pdf


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

                                   902

                       2017-2018 Regular Sessions

                            I N  S E N A T E

                             January 5, 2017
                               ___________

Introduced  by  Sens.  CROCI, AKSHAR, HANNON, MURPHY, ORTT -- read twice
  and ordered printed, and when printed to be committed to the Committee
  on Alcoholism and Drug Abuse

AN ACT to amend the mental hygiene law, in relation to the creation of a
  sober living task force

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

  Section  1.  The mental hygiene law is amended by adding a new section
19.04 to read as follows:
§ 19.04 SOBER LIVING TASK FORCE.
  1. DEFINITIONS. AS USED IN THIS SECTION:
  "SOBER LIVING RESIDENCE" SHALL MEAN ANY RESIDENCE LOCATED IN NEW  YORK
STATE  WHERE THE OWNER OR OPERATOR OF SUCH RESIDENCE HOLDS THE RESIDENCE
OUT TO THE PUBLIC AS AN ALCOHOL AND DRUG  FREE  LIVING  ENVIRONMENT  FOR
PERSONS RECOVERING FROM A CHEMICAL DEPENDENCY, WHERE NO FORMAL TREATMENT
SERVICES ARE PROVIDED ON-SITE.
  2.  THE  SOBER  LIVING TASK FORCE IS HEREBY CREATED, WHICH PURSUANT TO
THE PROVISIONS OF THIS SECTION, SHALL ESTABLISH BEST PRACTICE GUIDELINES
FOR SOBER LIVING RESIDENCES THAT ILLUSTRATE  THE  MOST  APPROPRIATE  AND
EFFECTIVE ENVIRONMENT FOR PERSONS RECOVERING FROM A CHEMICAL DEPENDENCY.
  3. THE TASK FORCE SHALL STUDY AND UTILIZE RELIABLE EVIDENCE AND INFOR-
MATION  COLLECTED FROM ORGANIZATIONS AND PROGRAMS BOTH IN NEW YORK STATE
AND THROUGHOUT THE COUNTRY TO:
  (A) DOCUMENT THE NUMBER OF SOBER HOMES OPERATING IN THE STATE;
  (B) ISSUE RECOMMENDATIONS AND GUIDELINES ESTABLISHING  BEST  PRACTICES
FOR SOBER LIVING RESIDENCES IN ORDER TO PROVIDE AN ALCOHOL AND DRUG FREE
SOBER  LIVING  ENVIRONMENT,  WITH  A FOCUS ON LEAST RESTRICTIVE MEANS OF
BENEFITING THE PERSON IN RECOVERY;
  (C) STUDY AND ISSUE FINDINGS  REGARDING  HEALTH  AND  SAFETY  CONCERNS
RELATED  TO  THE  OCCUPANCY AND OPERATION OF SOBER LIVING RESIDENCES FOR
THE PERSON IN RECOVERY;

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

                                                           LBD00842-01-7

S. 902                              2

  (D) STUDY AND ISSUE FINDINGS REGARDING THE IMPACTS  OF  OCCUPANCY  AND
OPERATION  OF  SOBER  LIVING RESIDENCES ON NEIGHBORHOODS AND SURROUNDING
AREAS;
  (E) ISSUE RECOMMENDATIONS ON THE FEASIBILITY OF LICENSING, REGULATING,
REGISTERING OR CERTIFYING SOBER LIVING RESIDENCES IN NEW YORK STATE; AND
  (F)  ISSUE  RECOMMENDATIONS FOR ANY OTHER PROGRAM OR POLICY INITIATIVE
THAT THE TASK FORCE DEEMS RELEVANT.
  4. (A) THE MEMBERS OF THE TASK FORCE SHALL INCLUDE THE COMMISSIONER OR
HIS OR HER DESIGNEE; THE COMMISSIONER OF THE OFFICE OF MENTAL HEALTH  OR
HIS  OR  HER  DESIGNEE;  THE COMMISSIONER OF THE OFFICE OF TEMPORARY AND
DISABILITY ASSISTANCE OR HIS OR HER DESIGNEE; THE  COMMISSIONER  OF  THE
OFFICE  OF  HOMES  AND  COMMUNITY  RENEWAL  OR  HIS OR HER DESIGNEE; TWO
MEMBERS APPOINTED BY THE TEMPORARY PRESIDENT OF THE SENATE; TWO  MEMBERS
APPOINTED  BY  THE SPEAKER OF THE ASSEMBLY; AND TWO MEMBERS APPOINTED BY
THE GOVERNOR. THE COMMISSIONER SHALL BE DESIGNATED  THE  CHAIRPERSON  OF
SUCH TASK FORCE AND SHALL SELECT A VICE-CHAIRPERSON AND A SECRETARY FROM
THE DESIGNEES APPOINTED BY THE LEGISLATURE OR THE GOVERNOR;
  (B)  THE  MEMBERS  OF THE TASK FORCE SHALL RECEIVE NO COMPENSATION FOR
THEIR SERVICES BUT SHALL BE REIMBURSED FOR EXPENSES ACTUALLY AND  NECES-
SARILY INCURRED IN THE PERFORMANCE OF THEIR DUTIES;
  (C)  NO  CIVIL ACTION SHALL BE BROUGHT IN ANY COURT AGAINST ANY MEMBER
OF THE SOBER LIVING TASK FORCE FOR ANY ACT OR OMISSION NECESSARY TO  THE
DISCHARGE  OF HIS OR HER DUTIES AS A MEMBER OF THE TASK FORCE, EXCEPT AS
PROVIDED HEREIN. SUCH MEMBER MAY BE  LIABLE  FOR  DAMAGES  IN  ANY  SUCH
ACTION  IF HE OR SHE FAILED TO ACT IN GOOD FAITH AND EXERCISE REASONABLE
CARE. ANY INFORMATION OBTAINED BY A  MEMBER  OF  THE  TASK  FORCE  WHILE
CARRYING  OUT  HIS  OR  HER DUTIES AS PRESCRIBED IN SUBDIVISION THREE OF
THIS SECTION SHALL ONLY BE UTILIZED IN THEIR CAPACITY AS A MEMBER OF THE
TASK FORCE.
  5. NO LATER THAN ONE YEAR AFTER THE EFFECTIVE DATE  OF  THIS  SECTION,
THE  TASK  FORCE  SHALL  PROVIDE  A REPORT CONTAINING THE RESULTS OF THE
STUDY, INCLUDING EVIDENCE USED AS A BASIS IN MAKING SUCH REPORT, AND ITS
RECOMMENDATIONS, IF ANY, TOGETHER WITH DRAFTS OF  LEGISLATION  NECESSARY
TO  CARRY  OUT ITS RECOMMENDATIONS BY FILING SAID REPORT, DOCUMENTATION,
AND DRAFT LEGISLATION, WITH THE GOVERNOR, THE TEMPORARY PRESIDENT OF THE
SENATE, THE MINORITY LEADER OF THE SENATE, THE SPEAKER OF THE  ASSEMBLY,
AND  THE MINORITY LEADER OF THE ASSEMBLY. THE TASK FORCE SHALL ALSO MAKE
THE REPORT, DOCUMENTATION, AND DRAFT LEGISLATION  PUBLIC  BY  POSTING  A
COPY ON THE WEBSITE MAINTAINED BY THE OFFICE.
  § 2. This act shall take effect immediately.

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The New York State Senate

senate Bill S902

Sponsored By

Archive: Last Bill Status - Passed Senate

Your Voice

Actions

Votes

Feb 5, 2018 - floor Vote

Floor Vote: Feb 5, 2018

Jan 23, 2018 - Alcoholism and Substance Use Disorders committee Vote

Alcoholism and Substance Use Disorders Committee Vote: Jan 23, 2018

Feb 6, 2017 - floor Vote

Floor Vote: Feb 6, 2017

Jan 24, 2017 - Alcoholism and Substance Use Disorders committee Vote

Alcoholism and Substance Use Disorders Committee Vote: Jan 24, 2017

Co-Sponsors

S902 (ACTIVE) - Details

S902 (ACTIVE) - Summary

S902 (ACTIVE) - Sponsor Memo

S902 (ACTIVE) - Bill Text download pdf

Comments

senate Bill S902

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Archive: Last Bill Status - Passed Senate

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Actions

Votes

Feb 5, 2018 - floor Vote

Floor Vote: Feb 5, 2018

Jan 23, 2018 - Alcoholism and Substance Use Disorders committee Vote

Alcoholism and Substance Use Disorders Committee Vote: Jan 23, 2018

Feb 6, 2017 - floor Vote

Floor Vote: Feb 6, 2017

Jan 24, 2017 - Alcoholism and Substance Use Disorders committee Vote

Alcoholism and Substance Use Disorders Committee Vote: Jan 24, 2017

Co-Sponsors

S902 (ACTIVE) - Details

S902 (ACTIVE) - Summary

S902 (ACTIVE) - Sponsor Memo

S902 (ACTIVE) - Bill Text download pdf

Comments