Assembly Bill A5741

2019-2020 Legislative Session

Establishes additional notice requirements for site selection for community residential facilities

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Assembly 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

Do you support this bill?

Please enter your contact information

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.
Actions

co-Sponsors

multi-Sponsors

2019-A5741 (ACTIVE) - Details

See Senate Version of this Bill:
S2530
Current Committee:
Assembly Mental Health
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: A4094, S7738
2017-2018: A3130, A10666, S3582
2021-2022: S5818
2023-2024: S2886

2019-A5741 (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.

2019-A5741 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5741
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 14, 2019
                                ___________
 
 Introduced  by M. of A. MIKULIN -- read once and referred to the Commit-
   tee on Mental Health
 
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.