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

                                  1914

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            February 9, 2009
                               ___________

Introduced by Sens. MORAHAN, DIAZ -- read twice and ordered printed, and
  when  printed  to  be  committed to the Committee on Mental Health and
  Developmental Disabilities

AN ACT to amend the mental  hygiene  law,  in  relation  to  significant
  service  reductions  at facilities of the office of mental retardation
  and developmental disabilities

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

  Section  1.  Section  13.17  of  the  mental hygiene law is amended by
adding a new subdivision (e) to read as follows:
  (E) IN THE EVENT THAT THE PLAN FOR STATE AND LOCAL SERVICES FOR  CITI-
ZENS  WITH  MENTAL RETARDATION AND DEVELOPMENTAL DISABILITIES, DEVELOPED
IN ACCORDANCE WITH  SECTION  13.07  OF  THIS  ARTICLE,  DETERMINES  THAT
SIGNIFICANT   SERVICE   REDUCTIONS  ARE  ANTICIPATED  FOR  A  PARTICULAR
STATE-OPERATED FACILITY OR  A  STATE-OPERATED  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.  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 STRATEGIES FOR THE DEVELOPMENT OF NECESSARY RETRAINING AND REDE-
PLOYMENT  PROGRAMS.  IN PLANNING SUCH STRATEGIES, THE COMMISSIONER SHALL
PROVIDE FOR THE PARTICIPATION  OF  THE  REPRESENTATIVES  OF  THE  PUBLIC
EMPLOYEE LABOR ORGANIZATIONS AND FOR THE PARTICIPATION OF MANAGERIAL AND
CONFIDENTIAL EMPLOYEES TO ENSURE CONTINUITY OF EMPLOYMENT;
  2.  CONSULT  WITH THE DEPARTMENT OF ECONOMIC DEVELOPMENT AND ANY OTHER
APPROPRIATE STATE AGENCIES TO DEVELOP STRATEGIES WHICH ATTEMPT TO  MINI-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02547-01-9

              

S. 1914                             2

MIZE  THE IMPACT OF SUCH SIGNIFICANT SERVICE REDUCTIONS ON THE LOCAL AND
REGIONAL ECONOMIES;
  3. PROVIDE FOR A MECHANISM WHICH MAY REASONABLY BE EXPECTED TO PROVIDE
NOTICE  TO  LOCAL  GOVERNMENTS, COMMUNITY ORGANIZATIONS, PUBLIC EMPLOYEE
LABOR ORGANIZATIONS, MANAGERIAL AND CONFIDENTIAL EMPLOYEES, CONSUMER AND
ADVOCACY GROUPS OF THE POTENTIAL FOR SIGNIFICANT SERVICE  REDUCTIONS  AT
SUCH  STATE-OPERATED  FACILITIES OR PROGRAMS AND STATE-OPERATED RESEARCH
INSTITUTE AT LEAST  TWELVE  MONTHS  PRIOR  TO  COMMENCING  SUCH  SERVICE
REDUCTION; AND
  4. CONSULT WITH THE OFFICE OF GENERAL SERVICES AND ANY OTHER APPROPRI-
ATE  STATE  AGENCY IN DEVELOPING A MECHANISM FOR DETERMINING ALTERNATIVE
USES FOR LAND AND BUILDINGS TO BE VACATED BY THE OFFICE.  SUCH  A  MECH-
ANISM  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 THE HEALTH, SAFETY AND PROGRAMMATIC NEEDS OF PERSONS
SERVED IN SUCH FACILITIES.
  S 2. This act shall take effect immediately.