NY State Senate Bill S1765A

Archive: Last Bill Status - Vetoed by Governor

Introduced
In Committee
On Floor Calendar
- Passed Senate
- Passed Assembly
Delivered to Governor
Vetoed by Governor

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Actions

view actions (20)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Dec 10, 2021	vetoed memo.60
Nov 29, 2021	delivered to governor
Jun 10, 2021	returned to senate passed assembly ordered to third reading rules cal.748 substituted for a117c
Jun 01, 2021	referred to mental health returned to assembly repassed senate
May 25, 2021	amended on third reading (t) 1765a
May 25, 2021	vote reconsidered - restored to third reading returned to senate recalled from assembly
Mar 02, 2021	referred to mental health delivered to assembly passed senate
Feb 03, 2021	advanced to third reading
Feb 02, 2021	2nd report cal.
Feb 01, 2021	1st report cal.196
Jan 15, 2021	referred to disabilities

Votes

Bill Amendments

Original

A (Active)

Original

A (Active)

Co-Sponsors

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S1765 - Details

See Assembly Version of this Bill:: A117
Law Section:: Mental Hygiene Law
Laws Affected:: Amd §7.17, add §13.18, Ment Hyg L; amd §501, Exec L
Versions Introduced in Other Legislative Sessions:: 2015-2016: S7495, A10464
2017-2018: S1113, A733
2019-2020: S329, S5772, A7961

S1765 - Summary

Relates to the closure of certain office of mental health, office for people with developmental disabilities or office of children and family services facilities and institutions.

S1765 - Sponsor Memo

 
BILL NUMBER: S1765

SPONSOR: MANNION
 
TITLE OF BILL:

An act to amend the mental hygiene law and the executive law, in
relation to requiring legislative approval for the closure of certain
office of mental health, office for people with developmental disabili-
ties or office of children and family services facilities and insti-
tutions

 
PURPOSE:

These provisions will require the commissioner of either the office of
mental health, office of people with developmental disabilities or
office of children and family services to submit a report to the legis-
lature upon the closure of any facility or institution.

 
SUMMARY OF PROVISIONS:

Section one - The commissioner shall submit a written report to the

legislature at least a year prior to the date the office is seeking
closure, of any facility or institution relating to mental health,
developmental disabilities, or offices of children and family services.
If the legislature finds that the proposed closure is not justified,
then the closure shall not occur until approved by a majority vote, in
the house of the legislature.

Section two - The mental hygiene law is amended by adding a new
subsection 7.17(1) which restates the amendments above.

Section three - In the event that the office of children and family
services determine a need for significant service reductions, public
employee staffing reductions and/or the transfer of operations to a
private or not-for-profit entity, the commissioner must submit a full
report to the legislature at least a year prior to the date the office
children and family services is seeking closure of any secure or limited
secure facility. The legislature may require additional information or
data that deems necessary in the report. If the proposed closure is not
justified, the closure shall not occur until approved by a majority
vote.

Section four - States that if any clause, sentence, paragraph, section
or part of this act shall be adjudged by any court to be invalid, such
judgment shall not affect the remainder thereof, but shall be confined
in its operation to the clause, sentence, paragraph, section or part
thereof directly involved in the controversy in which such judgment
shall have been rendered.

Section five - Lists the effective date.

 
JUSTIFICATION:

It has been brought to the state legislature's attention that numerous
offices of mental health, offices of people with developmental disabili-
ties, and offices of children and family services, have been closing
statewide. In order to deem these closures necessary, the state legisla-
ture will be requiring the commissioner to submit a full report as to
why any changes shall be made. It will be under the legislature's juris-
diction as to whether or not there is sufficient evidence to prove the
need for closures of any facility/institution, the need for any signif-
icant service reductions, public employee staffing reductions/and or the
transfer of operations to a private or not-for-profit entity.

According to the Treatment Advocacy Center, in New York State for every
100,000 citizens, psychiatric beds have decreased from 599.5 beds to
approximately 27.5 in 2005 and has since decreased to 16.3 beds by 2016
Studies have shown that nearly 14,000 people with mental illnesses were
incarcerated in 2012 and that this is largely due to the limited spaces
available to individuals with illnesses, by the Office of Mental Health
(Mental Illness Policy Org.). Steven Croll, the director of NYSARC
states, "Programs and supports have been discontinued before alternative
options have been developed," when referring to the closing of develop-
mental disability centers in Broome County, New York. By limiting the
number of facilities available to the mentally ill, disabled, and young,
we are creating homelessness and transferring the ill to the criminal
justice system, rather than treating them. By requiring a commissioner
to submit a full report based on circumstantial data, the legislature
will be able to decide if the closing of facilities will be justified or
not.

 
LEGISLATIVE HISTORY:

2020- S5772:Died in Committee

2019- S5772:Passed Senate

2018-S1113:Passed Senate

2017-S1113:Passed Senate

2016-S7495:Passed Senate

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect on the thirtieth day after it shall have
become a law.

S1765 - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1765
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 15, 2021
                                ___________
 
 Introduced  by  Sen. MANNION -- read twice and ordered printed, and when
   printed to be committed to the Committee on Disabilities
 
 AN ACT to amend the  mental  hygiene  law  and  the  executive  law,  in
   relation  to requiring legislative approval for the closure of certain
   office of mental health, office for people with developmental disabil-
   ities or office of children and family services facilities and  insti-
   tutions
 
   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
 13.18 to read as follows:
 § 13.18 CLOSURE OF FACILITIES.
   THE  COMMISSIONER  SHALL SUBMIT A WRITTEN REPORT TO THE LEGISLATURE AT
 LEAST THREE HUNDRED SIXTY-FIVE DAYS PRIOR TO  THE  DATE  THE  OFFICE  IS
 SEEKING  CLOSURE  OF  ANY  FACILITY  OR  INSTITUTION.  SUCH REPORT SHALL
 INCLUDE JUSTIFICATION FOR THE  PROPOSED  CLOSURE.  THE  LEGISLATURE  MAY
 REQUIRE  ANY  ADDITIONAL  INFORMATION OR DATA THAT IT DEEMS NECESSARY IN
 SUCH REPORT.  IF THE LEGISLATURE, OR THE APPROPRIATE COMMITTEES THEREOF,
 UPON REVIEW OF THE REPORT SUBMITTED TO IT BY THE OFFICE, FINDS THAT  THE
 PROPOSED  CLOSURE  IS  NOT  JUSTIFIED THEN CLOSURE SHALL NOT OCCUR UNTIL
 APPROVED BY A MAJORITY VOTE OF EACH HOUSE OF THE LEGISLATURE.
   § 2. Subdivision (e) of section 7.17 of the  mental  hygiene  law,  as
 amended  by  chapter  723 of the laws of 1993, paragraph 1 as amended by
 chapter 170 of the laws of 1994, paragraph 3 as amended by chapter 83 of
 the laws of 1995, is amended to read as follows:
   (e) In the event that the plan  for  state  and  local  mental  health
 services,  developed in accordance with subdivision (b) of this section,
 determines that significant service reductions  are  anticipated  for  a
 particular state-operated hospital or its catchment area, or a state-op-
 erated  research  institute,  the  commissioner shall take the following

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02802-02-1

 S. 1765                             2
 
 actions[, provided nothing in this subdivision shall create a basis  for
 enjoining any otherwise lawful service reductions]:
   1.   SUBMIT A WRITTEN REPORT TO THE LEGISLATURE AT LEAST THREE HUNDRED
 SIXTY-FIVE DAYS PRIOR TO THE DATE THE OFFICE IS SEEKING CLOSURE  OF  ANY
 FACILITY OR INSTITUTION. SUCH REPORT SHALL INCLUDE JUSTIFICATION FOR THE
 PROPOSED CLOSURE. THE LEGISLATURE MAY REQUIRE ANY ADDITIONAL INFORMATION
 OR  DATA  THAT IT DEEMS NECESSARY IN SUCH REPORT. IF THE LEGISLATURE, OR
 THE APPROPRIATE COMMITTEES THEREOF, UPON REVIEW OF THE REPORT  SUBMITTED
 TO  IT  BY  THE OFFICE, FINDS THAT THE PROPOSED CLOSURE IS NOT JUSTIFIED
 THEN CLOSURE SHALL NOT OCCUR UNTIL APPROVED BY A MAJORITY VOTE  OF  EACH
 HOUSE OF THE LEGISLATURE.
   2.  confer with the department of civil service, the governor's office
 of employee relations and any other state agency to  develop  strategies
 which attempt to minimize the impact on the state workforce by providing
 assistance  in  obtaining  state employment in state-operated community-
 based services or other employment opportunities, and to develop strate-
 gies for  the  development  of  necessary  retraining  and  redeployment
 programs.  In  planning  such strategies, the commissioner shall provide
 for the participation of  the  representatives  of  the  employee  labor
 organizations  and  for the participation of managerial and confidential
 employees to ensure continuity of employment;
   [2.] 3. consult with the department of economic  development  and  any
 other  appropriate state agencies to develop strategies which attempt to
 minimize the impact of such significant service reductions on the  local
 and regional economies;
   [3.]  4.  provide  for a mechanism which may reasonably be expected to
 provide notice to local governments, community  organizations,  employee
 labor organizations, managerial and confidential employees, consumer and
 advocacy  groups  of the potential for significant service reductions at
 such state-operated hospitals and state-operated research institutes  at
 least   twelve  months  prior  to  commencing  such  service  reduction,
 provided, however, that this requirement shall be deemed satisfied  with
 respect  to  reductions  at  Central  Islip  Psychiatric Center, Gowanda
 Psychiatric Center, Harlem Valley Psychiatric Center, Kings Park Psychi-
 atric  Center,  Willard  Psychiatric  Center  and  Manhattan  Children's
 Psychiatric Center; and
   [4.]  5.  consult  with  the  office of general services and any other
 appropriate state agency  in  developing  a  mechanism  for  determining
 alternative  uses  for land and buildings to be vacated by the office of
 mental health.   Such a mechanism  should  include  a  review  of  other
 programs  or  state agencies that could feasibly expand their operations
 onto a state-operated hospital campus and are  compatible  with  health,
 safety and programmatic needs of patients served in such facilities.
   § 3. Subdivision 15 of section 501 of the executive law, as amended by
 section  1  of  part  H of chapter 58 of the laws of 2006, is amended to
 read as follows:
   15. In the event that the  office  of  children  and  family  services
 determines that significant service reductions, public employee staffing
 reductions  and/or  the  transfer of operations to a private or not-for-
 profit entity are anticipated in  the  office  of  children  and  family
 services  long  term  planning process or for a particular facility in a
 future year, to take the following actions:
   (a) SUBMIT A WRITTEN REPORT TO THE LEGISLATURE AT LEAST THREE  HUNDRED
 SIXTY-FIVE  DAYS  PRIOR  TO  THE  DATE THE OFFICE OF CHILDREN AND FAMILY
 SERVICES IS SEEKING CLOSURE OF ANY SECURE OR  LIMITED  SECURE  FACILITY.
 SUCH  REPORT  SHALL  INCLUDE JUSTIFICATION FOR THE PROPOSED CLOSURE. THE

 S. 1765                             3
 
 LEGISLATURE MAY REQUIRE ANY ADDITIONAL INFORMATION OR DATA THAT IT DEEMS
 NECESSARY IN SUCH REPORT. IF THE LEGISLATURE, OR THE APPROPRIATE COMMIT-
 TEES THEREOF, UPON REVIEW OF THE REPORT SUBMITTED TO IT BY THE OFFICE OF
 CHILDREN  AND  FAMILY  SERVICES,  FINDS THAT THE PROPOSED CLOSURE IS NOT
 JUSTIFIED THEN CLOSURE SHALL NOT OCCUR UNTIL APPROVED BY A MAJORITY VOTE
 OF EACH HOUSE OF THE LEGISLATURE.
   (B) confer with the department of civil service, the governor's office
 of employee relations and any other state agency to  develop  strategies
 which attempt to minimize the impact on the state workforce by providing
 assistance  in  obtaining  state employment in state-operated community-
 based services or other employment opportunities, and to develop strate-
 gies for  the  development  of  necessary  retraining  and  redeployment
 programs. In planning such strategies, the commissioner of the office of
 children  and family services shall provide for the participation of the
 representatives of the employee labor organizations and for the  partic-
 ipation of managerial and confidential employees to ensure continuity of
 employment;
   [(b)]  (C) consult with the department of economic development and any
 other appropriate state agencies to develop strategies which attempt  to
 minimize  the  impact  of  such  significant  service reductions, public
 employee staffing reductions and/or the  transfer  of  operations  to  a
 private or not-for-profit entity on the local and regional economies;
   [(c)]  (D) provide for a mechanism which may reasonably be expected to
 provide notice to local governments, community  organizations,  employee
 labor organizations, managerial and confidential employees, consumer and
 advocacy  groups  of  the  potential for significant service reductions,
 public employee staffing reductions and/or the transfer of operations to
 a private or not-for-profit entity at such state-operated facilities, at
 least twelve months prior to commencing such service reduction; and
   [(d)] (E) consult with the office of general services  and  any  other
 appropriate  state  agency  in  developing  a  mechanism for determining
 alternative uses for land and buildings to be vacated by the  office  of
 children  and  family services. Such a mechanism should include a review
 of other programs or state agencies that  could  feasibly  expand  their
 operations  onto a state-operated campus and are compatible with health,
 safety and programmatic needs of persons served in such facilities.
   § 4. Severability. If any clause, sentence, paragraph, section or part
 of this act shall be adjudged by any court of competent jurisdiction  to
 be  invalid,  such  judgment  shall not affect, impair or invalidate the
 remainder thereof, but shall be confined in its operation to the clause,
 sentence, paragraph, section or part thereof directly  involved  in  the
 controversy in which such judgment shall have been rendered.
   §  5.  This  act shall take effect on the thirtieth day after it shall
 have become a law. Effective immediately, the addition, amendment and/or
 repeal of any rule or regulation necessary  for  the  implementation  of
 this  act  on its effective date are authorized to be made and completed
 on or before such effective date.

Co-Sponsors

view additional co-sponsors

S1765A (ACTIVE) - Details

See Assembly Version of this Bill:: A117
Law Section:: Mental Hygiene Law
Laws Affected:: Amd §7.17, add §13.18, Ment Hyg L; amd §501, Exec L
Versions Introduced in Other Legislative Sessions:: 2015-2016: S7495, A10464
2017-2018: S1113, A733
2019-2020: S329, S5772, A7961

S1765A (ACTIVE) - Summary

Relates to the closure of certain office of mental health, office for people with developmental disabilities or office of children and family services facilities and institutions.

S1765A (ACTIVE) - Sponsor Memo

 
BILL NUMBER: S1765A

SPONSOR: MANNION
 
TITLE OF BILL:

An act to amend the mental hygiene law and the executive law, in
relation to the closure or suspension of services of certain office of
mental health, office for people with developmental disabilities or
office of children and family services facilities and institutions

 
PURPOSE:

To provide information related to staffing levels and service needs at
facilities operated by the Office of Mental Health (OMR), the Office for
Children and Family Services (OCFS), and the Office for People with
Developmental Disabilities (OPWDD).

 
SUMMARY OF PROVISIONS:

This legislation would add language to require the commissioner of the
Office of Mental Health (OMB), the Office for Children and Family

Services, and the Office for People with Developmental Disabilities
(OPWDD) to publish on each offices website and provide quarterly report-
ing to the speaker of the Assembly and the temporary president of the
Senate on the follow- ing topics:

* Justification for the proposed closure or suspension of services;

* Information on the fiscal year budgeted staffing levels;

* Information on the current staffing levels by position or title;

* Information both statewide and on a regional basis regarding: (a) how
many full time equivalent positions have been budgeted for; (b) how many
full time equivalent positions have been filled, (c) how many full time
equivalent vacancies exist; and (d) waiting lists for individuals eligi-
ble to receive care in a residential setting;

* Steps taken by the agency to recruit staff for new and vacant posi-
tions.

The bill also adds the requirement for suspension of services to be
included in the report required at least three hundred sixty five days
prior to any closure of a facility. This bill would also remove language
authorizing the legislature to prohibit the closure of a facility unless
approved by a majority vote of each house of the legislature.

 
JUSTIFICATION:

The state of New York has embarked on a long-term effort to reduce
staffing at all of its agencies. This impacts the availability and
continuity of services for New Yorkers with intellectual and develop-
mental disabilities, as well as other vulnerable populations.  The
reduction in staff is directly attributable to the imposition of "bare
bones" budgeting at all of the state agencies that has been in place for
years. This budgeting approach left the state ill-prepared to maintain
the continuity of quality and safe service delivery, especially for New
Yorkers located in congregate settings. As we have seen from the state's
response to the COVID-19 pandemic, the public interest is best served by
high-capacity state agencies that render needed services and which are
staffed by talented, dedicated and professional public servants hired
pursuant to the state's rigorous civil service system. It is clear that
the State of New York needs to learn several lessons from this experi-
ence. New York needs to develop greater capacity to deliver needed
services and to address potential disasters and emergencies in a timely,
effective, efficient, and cost-effective manner.

This bill will help to improve quality of care by requiring quarterly
reports to be provided to the legislature on staffing data and service
needs both regionally and statewide. It will also help increase trans-
parency and promote discussion among the stakeholders related to the
suspension or reduction of services by requiring a report to the legis-
lature at least three hundred sixty five days prior to any closure or
reduction of service.

 
LEGISLATIVE HISTORY:

2020 - S5772:Died in Committee

2019 - S5772:Passed Senate

2018 - S1113:Passed Senate

2017 - S1113:Passed

Senate 2016-S7495:Passed Senate

 
FISCAL IMPLICATIONS:

Undetermined.

 
EFFECTIVE DATE:
This act shall take effect on thirtieth day after it shall have become
law.

S1765A (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  1765--A
     Cal. No. 196
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 15, 2021
                                ___________
 
 Introduced  by Sens. MANNION, AKSHAR, BIAGGI, BROUK, GALLIVAN, GAUGHRAN,
   HELMING, HINCHEY, JORDAN, MARTUCCI, REICHLIN-MELNICK, SERINO,  SKOUFIS
   -- read twice and ordered printed, and when printed to be committed to
   the  Committee on Disabilities -- reported favorably from said commit-
   tee, ordered to first and second report, ordered to a  third  reading,
   passed  by Senate and delivered to the Assembly, recalled, vote recon-
   sidered, restored to third reading,  amended  and  ordered  reprinted,
   retaining its place in the order of third reading
 
 AN  ACT  to  amend  the  mental  hygiene  law  and the executive law, in
   relation to the closure or suspension of services of certain office of
   mental health, office for people with  developmental  disabilities  or
   office of children and family services facilities and institutions
 
   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
 13.18 to read as follows:
 § 13.18 CLOSURE OR SUSPENSION OF SERVICES OF FACILITIES.
   THE  COMMISSIONER  SHALL SUBMIT A WRITTEN REPORT TO THE LEGISLATURE AT
 LEAST THREE HUNDRED SIXTY-FIVE DAYS PRIOR TO  THE  DATE  THE  OFFICE  IS
 SEEKING  CLOSURE  OR  SUSPENSION OF SERVICES OF ANY FACILITY OR INSTITU-
 TION. SUCH REPORT SHALL INCLUDE, BUT NOT BE LIMITED TO:  (1)  JUSTIFICA-
 TION FOR THE PROPOSED CLOSURE OR SUSPENSION OF SERVICES; (2) INFORMATION
 ON  THE  FISCAL  YEAR  BUDGETED  STAFFING LEVELS; (3) INFORMATION ON THE
 CURRENT STAFFING LEVELS BY  POSITION  OR  TITLE;  (4)  INFORMATION  BOTH
 STATEWIDE  AND  ON  A  REGIONAL  BASIS REGARDING: (A) HOW MANY FULL TIME
 EQUIVALENT POSITIONS HAVE BEEN BUDGETED FOR;  (B)  HOW  MANY  FULL  TIME
 EQUIVALENT POSITIONS HAVE BEEN FILLED; (C) HOW MANY FULL TIME EQUIVALENT
 VACANCIES  EXIST;  AND  (D)  WAITING  LISTS  FOR INDIVIDUALS ELIGIBLE TO
 RECEIVE CARE IN A RESIDENTIAL SETTING; AND (5) STEPS TAKEN BY THE AGENCY
 TO RECRUIT STAFF FOR NEW AND VACANT POSITIONS.   SUCH  REPORT  SHALL  BE
 SUBMITTED  TO THE SPEAKER OF THE ASSEMBLY AND THE TEMPORARY PRESIDENT OF
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD02802-11-1

 S. 1765--A                          2
 
 THE SENATE AND SHALL BE PUBLISHED ON THE OFFICE'S WEBSITE ON A QUARTERLY
 BASIS. THE LEGISLATURE MAY REQUIRE ANY ADDITIONAL  INFORMATION  OR  DATA
 THAT IT DEEMS NECESSARY IN SUCH REPORT.
   §  2.  Subdivision  (e)  of section 7.17 of the mental hygiene law, as
 amended by chapter 723 of the laws of 1993, paragraph 1  as  amended  by
 chapter 170 of the laws of 1994, paragraph 3 as amended by chapter 83 of
 the laws of 1995, is amended to read as follows:
   (e)  In  the  event  that  the  plan for state and local mental health
 services, developed in accordance with subdivision (b) of this  section,
 determines  that  significant  service  reductions are anticipated for a
 particular state-operated hospital or its catchment area, or a state-op-
 erated research institute, the commissioner  shall  take  the  following
 actions[,  provided nothing in this subdivision shall create a basis for
 enjoining any otherwise lawful service reductions]:
   1.  SUBMIT A WRITTEN REPORT TO THE LEGISLATURE AT LEAST THREE  HUNDRED
 SIXTY-FIVE  DAYS  PRIOR  TO  THE  DATE  THE OFFICE IS SEEKING CLOSURE OR
 SUSPENSION OF SERVICES OF ANY FACILITY OR INSTITUTION. SUCH REPORT SHALL
 INCLUDE, BUT NOT BE LIMITED  TO:  (1)  JUSTIFICATION  FOR  THE  PROPOSED
 CLOSURE  OR  SUSPENSION  OF SERVICES; (2) INFORMATION ON THE FISCAL YEAR
 BUDGETED STAFFING LEVELS; (3) INFORMATION ON THE CURRENT STAFFING LEVELS
 BY POSITION OR TITLE; (4) INFORMATION BOTH STATEWIDE AND ON  A  REGIONAL
 BASIS  REGARDING:  (A) HOW MANY FULL TIME EQUIVALENT POSITIONS HAVE BEEN
 BUDGETED FOR; (B) HOW MANY FULL  TIME  EQUIVALENT  POSITIONS  HAVE  BEEN
 FILLED; (C) HOW MANY FULL TIME EQUIVALENT VACANCIES EXIST; AND (D) WAIT-
 ING  LISTS  FOR  INDIVIDUALS  ELIGIBLE  TO RECEIVE CARE IN A RESIDENTIAL
 SETTING; AND (5) STEPS TAKEN BY THE AGENCY TO RECRUIT STAFF FOR NEW  AND
 VACANT  POSITIONS.  SUCH REPORT SHALL BE SUBMITTED TO THE SPEAKER OF THE
 ASSEMBLY AND  THE  TEMPORARY  PRESIDENT  OF  THE  SENATE  AND  SHALL  BE
 PUBLISHED  ON  THE OFFICE'S WEBSITE  ON A QUARTERLY BASIS.  THE LEGISLA-
 TURE MAY REQUIRE ANY ADDITIONAL INFORMATION OR DATA THAT IT DEEMS NECES-
 SARY IN SUCH REPORT.
   2. confer with the department of civil service, the governor's  office
 of  employee  relations and any other state agency to develop strategies
 which attempt to minimize the impact on the state workforce by providing
 assistance in obtaining state employment  in  state-operated  community-
 based services or other employment opportunities, and to develop strate-
 gies  for  the  development  of  necessary  retraining  and redeployment
 programs. In planning such strategies, the  commissioner  shall  provide
 for  the  participation  of  the  representatives  of the employee labor
 organizations and for the participation of managerial  and  confidential
 employees to ensure continuity of employment;
   [2.]  3.  consult  with the department of economic development and any
 other appropriate state agencies to develop strategies which attempt  to
 minimize  the impact of such significant service reductions on the local
 and regional economies;
   [3.] 4. provide for a mechanism which may reasonably  be  expected  to
 provide  notice  to local governments, community organizations, employee
 labor organizations, managerial and confidential employees, consumer and
 advocacy groups of the potential for significant service  reductions  at
 such  state-operated hospitals and state-operated research institutes at
 least  twelve  months  prior  to  commencing  such  service   reduction,
 provided,  however, that this requirement shall be deemed satisfied with
 respect to reductions  at  Central  Islip  Psychiatric  Center,  Gowanda
 Psychiatric Center, Harlem Valley Psychiatric Center, Kings Park Psychi-
 atric  Center,  Willard  Psychiatric  Center  and  Manhattan  Children's
 Psychiatric Center; and

 S. 1765--A                          3
 
   [4.] 5. consult with the office of  general  services  and  any  other
 appropriate  state  agency  in  developing  a  mechanism for determining
 alternative uses for land and buildings to be vacated by the  office  of
 mental  health.    Such  a  mechanism  should  include a review of other
 programs  or  state agencies that could feasibly expand their operations
 onto a state-operated hospital campus and are  compatible  with  health,
 safety and programmatic needs of patients served in such facilities.
   § 3. Subdivision 15 of section 501 of the executive law, as amended by
 section  1  of  part  H of chapter 58 of the laws of 2006, is amended to
 read as follows:
   15. In the event that the  office  of  children  and  family  services
 determines that significant service reductions, public employee staffing
 reductions  and/or  the  transfer of operations to a private or not-for-
 profit entity are anticipated in  the  office  of  children  and  family
 services  long  term  planning process or for a particular facility in a
 future year, to take the following actions:
   (a) SUBMIT A WRITTEN REPORT TO THE LEGISLATURE AT LEAST THREE  HUNDRED
 SIXTY-FIVE  DAYS  PRIOR  TO  THE  DATE THE OFFICE OF CHILDREN AND FAMILY
 SERVICES IS SEEKING CLOSURE OR SUSPENSION OF SERVICES OF ANY  SECURE  OR
 LIMITED  SECURE  FACILITY. SUCH REPORT SHALL INCLUDE, BUT NOT BE LIMITED
 TO:  (1)  JUSTIFICATION  FOR  THE  PROPOSED  CLOSURE  OR  SUSPENSION  OF
 SERVICES;  (2)  INFORMATION ON THE FISCAL YEAR BUDGETED STAFFING LEVELS;
 (3) INFORMATION ON THE CURRENT STAFFING LEVELS BY POSITION OR TITLE; (4)
 INFORMATION BOTH STATEWIDE AND ON A REGIONAL BASIS  REGARDING:  (A)  HOW
 MANY FULL TIME EQUIVALENT POSITIONS HAVE BEEN BUDGETED FOR; (B) HOW MANY
 FULL  TIME EQUIVALENT POSITIONS HAVE BEEN FILLED; (C) HOW MANY FULL TIME
 EQUIVALENT VACANCIES EXIST; AND (D) WAITING LISTS FOR INDIVIDUALS ELIGI-
 BLE TO RECEIVE CARE IN A RESIDENTIAL SETTING; AND (5) STEPS TAKEN BY THE
 AGENCY TO RECRUIT STAFF FOR NEW AND VACANT POSITIONS.  SUCH REPORT SHALL
 BE SUBMITTED TO THE SPEAKER OF THE ASSEMBLY AND THE TEMPORARY  PRESIDENT
 OF  THE SENATE AND SHALL BE PUBLISHED ON THE OFFICE'S WEBSITE ON A QUAR-
 TERLY BASIS. THE LEGISLATURE MAY REQUIRE ANY ADDITIONAL  INFORMATION  OR
 DATA THAT IT DEEMS NECESSARY IN SUCH REPORT.
   (B) confer with the department of civil service, the governor's office
 of  employee  relations and any other state agency to develop strategies
 which attempt to minimize the impact on the state workforce by providing
 assistance in obtaining state employment  in  state-operated  community-
 based services or other employment opportunities, and to develop strate-
 gies  for  the  development  of  necessary  retraining  and redeployment
 programs. In planning such strategies, the commissioner of the office of
 children and family services shall provide for the participation of  the
 representatives  of the employee labor organizations and for the partic-
 ipation of managerial and confidential employees to ensure continuity of
 employment;
   [(b)] (C) consult with the department of economic development and  any
 other  appropriate state agencies to develop strategies which attempt to
 minimize the impact  of  such  significant  service  reductions,  public
 employee  staffing  reductions  and/or  the  transfer of operations to a
 private or not-for-profit entity on the local and regional economies;
   [(c)] (D) provide for a mechanism which may reasonably be expected  to
 provide  notice  to local governments, community organizations, employee
 labor organizations, managerial and confidential employees, consumer and
 advocacy groups of the potential  for  significant  service  reductions,
 public employee staffing reductions and/or the transfer of operations to
 a private or not-for-profit entity at such state-operated facilities, at
 least twelve months prior to commencing such service reduction; and

 S. 1765--A                          4
 
   [(d)]  (E)  consult  with the office of general services and any other
 appropriate state agency  in  developing  a  mechanism  for  determining
 alternative  uses  for land and buildings to be vacated by the office of
 children and family services. Such a mechanism should include  a  review
 of  other  programs  or  state agencies that could feasibly expand their
 operations onto a state-operated campus and are compatible with  health,
 safety and programmatic needs of persons served in such facilities.
   § 4. Severability. If any clause, sentence, paragraph, section or part
 of  this act shall be adjudged by any court of competent jurisdiction to
 be invalid, such judgment shall not affect,  impair  or  invalidate  the
 remainder thereof, but shall be confined in its operation to the clause,
 sentence,  paragraph,  section  or part thereof directly involved in the
 controversy in which such judgment shall have been rendered.
   § 5. This act shall take effect on the thirtieth day  after  it  shall
 have become a law. Effective immediately, the addition, amendment and/or
 repeal  of  any  rule  or regulation necessary for the implementation of
 this act on its effective date are authorized to be made  and  completed
 on or before such effective date.

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The New York State Senate

senate Bill S1765A

Sponsored By

Archive: Last Bill Status - Vetoed by Governor

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Votes

Jun 1, 2021 - floor Vote

Floor Vote: Jun 1, 2021

Mar 3, 2021 - floor Vote

Floor Vote: Mar 3, 2021

Mar 2, 2021 - floor Vote

Floor Vote: Mar 2, 2021

Feb 1, 2021 - Disabilities committee Vote

Committee Vote: Feb 1, 2021

Bill Amendments

Co-Sponsors

S1765 - Details

S1765 - Summary

S1765 - Sponsor Memo

S1765 - Bill Text download pdf

Co-Sponsors

S1765A (ACTIVE) - Details

S1765A (ACTIVE) - Summary

S1765A (ACTIVE) - Sponsor Memo

S1765A (ACTIVE) - Bill Text download pdf

Comments

senate Bill S1765A

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Sponsored By

Archive: Last Bill Status - Vetoed by Governor

Your Voice

Actions

Votes

Jun 1, 2021 - floor Vote

Floor Vote: Jun 1, 2021

Mar 3, 2021 - floor Vote

Floor Vote: Mar 3, 2021

Mar 2, 2021 - floor Vote

Floor Vote: Mar 2, 2021

Feb 1, 2021 - Disabilities committee Vote

Committee Vote: Feb 1, 2021

Bill Amendments

Co-Sponsors

S1765 - Details

S1765 - Summary

S1765 - Sponsor Memo

S1765 - Bill Text download pdf

Co-Sponsors

S1765A (ACTIVE) - Details

S1765A (ACTIVE) - Summary

S1765A (ACTIVE) - Sponsor Memo

S1765A (ACTIVE) - Bill Text download pdf

Comments