Assembly Bill A5835

2009-2010 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

2009-A5835 (ACTIVE) - Details

Current Committee:
Assembly Mental Health
Law Section:
Mental Hygiene Law
Laws Affected:
Amd ยง41.34, Ment Hyg L
Versions Introduced in Other Legislative Sessions:
2011-2012: A7540
2013-2014: A5754
2015-2016: A4094
2017-2018: A3130, A10666
2019-2020: A5741

2009-A5835 (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.

2009-A5835 (ACTIVE) - Bill Text download pdf

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

                                  5835

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            February 20, 2009
                               ___________

Introduced  by  M. of A. McKEVITT, WALKER, ERRIGO, TOWNSEND, RAIA, McDO-
  NOUGH, ALFANO, BARRA -- Multi-Sponsored by -- M. of A. CROUCH, FITZPA-
  TRICK, GIGLIO, P. LOPEZ -- read once and referred to the Committee  on
  Mental Health, Mental Retardation and Developmental 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-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09182-01-9
              

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.