S T A T E   O F   N E W   Y O R K
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                                  1108

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                             January 8, 2015
                               ___________

Introduced  by M. of A. GUNTHER, LIFTON, LUPARDO, CRESPO, RAIA -- Multi-
  Sponsored by -- M. of A. RIVERA --  read  once  and  referred  to  the
  Committee on Aging

AN  ACT to amend the elder law, in relation to establishing a program to
  encourage retirees to make their homes in New York state

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

  Section  1.  Short  title. This act shall be known and may be cited as
the "New York certified  retirement  community  act",  and  the  program
created  hereunder  shall  be  known as the "New York Livable Integrated
Elder Friendly Retirement Communities (New York LIFE) program."
  S 2.  The elder law is amended by adding a new article 3  to  read  as
follows:
                               ARTICLE III
             NEW YORK CERTIFIED RETIREMENT COMMUNITY PROGRAM
SECTION 310. DEFINITIONS.
        311. THE   NEW  YORK  CERTIFIED  RETIREMENT  COMMUNITY  PROGRAM;
               CREATION.
        312. LEGISLATIVE INTENT.
        313. RULES AND REGULATIONS.
        314. DESIGNATION.
        315. NEW YORK  CERTIFIED  RETIREMENT  COMMUNITY  PROGRAM;  LOCAL
               COMMITTEES.
        316. NEW  YORK  CERTIFIED  RETIREMENT COMMUNITY PROGRAM; ASSIST-
               ANCE.
        317. REPORT.
        318. ASSISTANCE OF OTHER AGENCIES.
  S 310. DEFINITIONS. AS USED IN THIS ARTICLE:
  1. "CERTIFIED RETIREMENT COMMUNITY"  MEANS  ANY  COMMUNITY  SITE  THAT
MEETS  THE REQUIREMENTS OF THIS ARTICLE AND IS THEREFORE DESIGNATED AS A
CERTIFIED RETIREMENT COMMUNITY BY THE OFFICE. SUCH DESIGNATION SHALL  BE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00798-01-5
              

A. 1108                             2

FOR A DURATION OF NOT MORE THAN FIVE YEARS, AND MAY BE RENEWED THEREAFT-
ER BY MAKING APPLICATION TO SUCH DIRECTOR.
  2. "COMMUNITY SITE" MEANS A CITY, TOWN, OR VILLAGE, OR A PORTION THER-
EOF  DESIGNATED  BY  SUCH  CITY, TOWN, OR VILLAGE, WHICH APPLIES TO BE A
CERTIFIED RETIREMENT COMMUNITY.
  3.  "ASSESSMENT INSTRUMENT" MEANS AN  INSTRUMENT  RECOMMENDED  BY  THE
RETIREMENT  COMMUNITY  ADVISORY  COMMITTEE  AND APPROVED BY THE DIRECTOR
THAT WILL ALLOW A COMMUNITY SITE TO ASSESS WHETHER IT  HAS  THE  FACTORS
THAT  QUALIFY  IT  AS  A CERTIFIED RETIREMENT COMMUNITY. SUCH ASSESSMENT
INSTRUMENT SHALL PROVIDE A COMMUNITY SITE WITH  A  MEANS  OF  EVALUATING
CRITERIA  IMPORTANT  TO  RETIREES,  INCLUDING  BUT  NOT  LIMITED TO SUCH
FACTORS AS WHETHER THE COMMUNITY CHARACTERISTICS  ADDRESS  BASIC  NEEDS,
OPTIMIZE  PHYSICAL  AND MENTAL HEALTH AND WELL-BEING, MAXIMIZE INDEPEND-
ENCE FOR THE FRAIL AND DISABLED, AND PROMOTE SOCIAL  AND  CIVIC  ENGAGE-
MENT,  AND  SUCH  OTHER  QUANTITATIVE AND QUALITATIVE FACTORS AS WILL BE
ATTRACTIVE TO RETIREES. SUCH FACTORS  WILL  BE  MADE  PUBLIC  FOR  THOSE
COMMUNITY SITES DESIGNATED AS CERTIFIED RETIREMENT COMMUNITIES. SPECIFIC
FACTORS CONSIDERED MAY INCLUDE:
  (A)  LOCAL  TAXES  AND THE EFFECT ON RETIREES WHEN COMBINED WITH STATE
TAXES, TAX CREDITS, AND OTHER TAX PROGRAMS;
  (B) HOUSING OPPORTUNITIES AND  COST,  AND  THE  CONTINUUM  OF  HOUSING
OPPORTUNITIES  INCLUDING  BUT  NOT LIMITED TO INDEPENDENT AND SUBSIDIZED
HOUSING, ASSISTED LIVING AND SHARED HOUSING OPPORTUNITIES AND  INCLUDING
HOUSING OPPORTUNITIES WHICH ACCOMMODATE MOBILITY AND SAFETY;
  (C) CLIMATE;
  (D) PERSONAL SAFETY;
  (E) WORK OPPORTUNITIES;
  (F)  HEALTH  CARE  SERVICES  AND OTHER SERVICES ALONG THE CONTINUUM OF
SERVICES INCLUDING,  BUT  NOT  LIMITED  TO,  HOME  AND  COMMUNITY  BASED
SERVICES;
  (G)  TRANSPORTATION, INCLUDING WHETHER SUCH TRANSPORTATION IS ACCESSI-
BLE AND AFFORDABLE;
  (H) CONTINUING  EDUCATION,  INCLUDING  CREDIT  AND  NON-CREDIT  COURSE
OPPORTUNITIES AND COSTS;
  (I)  SPORTS AND RECREATION OPPORTUNITIES, INCLUDING ACTIVE AND PASSIVE
OPPORTUNITIES;
  (J) THE PERFORMING ARTS, FESTIVALS, AND EVENTS;
  (K) THE ABILITY OF THE SERVICE SYSTEM TO AID OR ENABLE PEOPLE TO  LIVE
COMFORTABLY AND SAFELY AT HOME; AND
  (L)  SUCH OTHER FACTORS AS SHALL BE DETERMINED BY THE ADVISORY COMMIT-
TEE AND APPROVED BY THE DIRECTOR, PROVIDED THAT THE DIRECTOR, ON  ADVICE
OF  THE ADVISORY COMMITTEE, MAY MODIFY THE FACTORS LISTED IN THIS SUBDI-
VISION IN FAVOR OF OTHER MEASURES, CRITERIA, AND METRICS.
  4. "RETIREMENT COMMUNITY ADVISORY COMMITTEE" OR  "ADVISORY  COMMITTEE"
SHALL  MEAN AN ADVISORY COMMITTEE OF FIFTEEN PERSONS WHOSE PURPOSE SHALL
BE TO REVIEW COMPLETED ASSESSMENT INSTRUMENTS FROM COMMUNITY  SITES  AND
MAKE  RECOMMENDATIONS  TO  THE  DIRECTOR,  AND  TO  MAKE RECOMMENDATIONS
CONCERNING THE CONDUCT AND SCOPE OF THE NEW  YORK  CERTIFIED  RETIREMENT
COMMUNITY PROGRAM, AND FOR IMPROVING ITS EFFECTIVENESS, TO THE DIRECTOR.
MEMBERS OF THE ADVISORY COMMITTEE SHALL INCLUDE, EX OFFICIO, THE FOLLOW-
ING:  THE  SECRETARY OF STATE, THE CHANCELLOR OF THE STATE UNIVERSITY OF
NEW YORK, THE COMMISSIONER OF EDUCATION, THE COMMISSIONER OF HEALTH, THE
COMMISSIONER OF THE DEPARTMENT OF LABOR, THE  COMMISSIONER  OF  CHILDREN
AND  FAMILY  SERVICES, AND THE COMMISSIONER OF TAXATION AND FINANCE. THE
GOVERNOR SHALL APPOINT AN  ADDITIONAL  EIGHT  PERSONS  TO  THE  ADVISORY
COMMITTEE,  OF  WHOM TWO SHALL BE ON THE RECOMMENDATION OF THE TEMPORARY

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PRESIDENT OF THE SENATE, TWO ON THE RECOMMENDATION OF THE SPEAKER OF THE
ASSEMBLY, ONE ON THE  RECOMMENDATION  OF  THE  MINORITY  LEADER  OF  THE
SENATE,  AND  ONE  ON  THE  RECOMMENDATION OF THE MINORITY LEADER OF THE
ASSEMBLY.  ALL  SUCH  APPOINTEES SHALL HAVE THE EXPERTISE IN THE AREA OF
RETIREMENT AND RETIREMENT COMMUNITIES. THE GOVERNOR  SHALL  DESIGNATE  A
CHAIR  OF  THE  ADVISORY  COMMITTEE FROM AMONG THE MEMBERS. THE DIRECTOR
SHALL ATTEND MEETINGS BUT SHALL NOT BE A VOTING MEMBER. ALL  EX  OFFICIO
MEMBERS MAY DESIGNATE AN ALTERNATE, WHO SHALL HAVE THE FULL POWER TO ACT
ON BEHALF OF THE OFFICIAL. THE WORK OF THE COMMITTEE SHALL BEGIN AS SOON
AS  A  QUORUM  IS  ESTABLISHED  BY  THE APPOINTMENT OF A MAJORITY OF THE
MEMBERS TO BE DESIGNATED PURSUANT TO THIS SUBDIVISION, AND  THE  FAILURE
OF ANY INDIVIDUAL OR INSTITUTION TO MAKE RECOMMENDATIONS TO THE GOVERNOR
FOR  APPOINTMENT  TO  THE  COMMITTEE SHALL NOT BE A SUFFICIENT REASON TO
DELAY THE WORK OF THE COMMITTEE.
  5. "RETIREE" MEANS A PERSON WHO IS AGED FIFTY-FIVE OR OLDER AND WHO IS
RETIRING OR IS PLANNING TO RETIRE FROM HIS OR HER CURRENT EMPLOYMENT.
  S 311. THE NEW YORK CERTIFIED RETIREMENT COMMUNITY PROGRAM;  CREATION.
THE  NEW  YORK  CERTIFIED RETIREMENT COMMUNITY PROGRAM IS HEREBY CREATED
WITHIN THE OFFICE, WHERE IT SHALL BE KNOWN AND MAY BE REFERRED TO AS THE
NEW YORK LIVABLE INTEGRATED ELDER FRIENDLY RETIREMENT  COMMUNITIES  (NEW
YORK  LIFE) PROGRAM. ITS PURPOSE SHALL BE TO PROMOTE THE COMMUNITY SITES
CHOSEN AS CERTIFIED RETIREMENT COMMUNITIES AS PREMIER RETIREMENT  DESTI-
NATIONS  FOR  RETIREES  AND  PROSPECTIVE  RETIREES,  AND  TO ASSIST SUCH
CITIES, TOWNS, VILLAGES AND PORTIONS THEREOF IN PROVIDING AND  ENHANCING
AMENITIES THAT RETIREES WILL FIND ATTRACTIVE AND IN MARKETING THEMSELVES
THROUGH  SUCH  MEANS AS JOINT STATE-LOCAL AND PRIVATE MARKETING EFFORTS,
TECHNICAL ASSISTANCE, NETWORKING OPPORTUNITIES AND OTHER SUPPORTS.
  S 312. LEGISLATIVE INTENT. THE LEGISLATURE HEREBY FINDS  AND  DECLARES
THAT  THE NEW YORK CERTIFIED RETIREMENT COMMUNITY PROGRAM CREATED PURSU-
ANT TO THIS ARTICLE  IN  EVERY  RESPECT  SERVES  AN  APPROPRIATE  PUBLIC
PURPOSE  OF  THE  STATE  AND  ALL  OF ITS CITIZENS BY PROVIDING ENHANCED
OPPORTUNITIES FOR QUALITY OF LIFE FOR SENIORS AND RETIREES, EXPANSION OF
COMMUNITY AND ECONOMIC DEVELOPMENT OPPORTUNITIES,  AND  AS  A  MEANS  OF
ENRICHING THE MANY DIVERSE COMMUNITIES OF THIS STATE.
  S 313. RULES AND REGULATIONS. THE DIRECTOR SHALL ADOPT RULES AND REGU-
LATIONS  ESTABLISHING  THE  MANNER  BY  WHICH  A  COMMUNITY  SITE MAY BE
INITIALLY DESIGNATED AND SUBSEQUENTLY RETAIN OR RENEW ITS  STATUS  AS  A
CERTIFIED  RETIREMENT COMMUNITY. IN ADOPTING SUCH RULES AND REGULATIONS,
THE DIRECTOR SHALL CONSULT WITH THE ADVISORY COMMITTEE.
  S 314. DESIGNATION. 1. IN  ORDER  TO  BE  DESIGNATED  AS  A  CERTIFIED
RETIREMENT  PROGRAM  PURSUANT  TO  THIS SECTION, THE GOVERNING BODY OF A
CITY, TOWN OR VILLAGE WHICH IS OR WHICH CONTAINS A COMMUNITY SITE  SHALL
SUBMIT  AN  APPLICATION  TO  THE DIRECTOR UPON A FORM ESTABLISHED BY THE
DIRECTOR AND ACCOMPANIED BY A RESOLUTION OF SUCH BODY STATING ITS DESIRE
FOR THE COMMUNITY SITE TO BE DESIGNATED AS A CERTIFIED RETIREMENT COMMU-
NITY, ALONG WITH THE COMPLETED ASSESSMENT INSTRUMENT AND AT  THE  OPTION
OF  SUCH  GOVERNING  BODY OR IF REQUIRED BY THE DIRECTOR, ANY ADDITIONAL
SUPPORTING DATA THAT SHALL FURTHER EXPLICATE THE ABILITY OF THE COMMUNI-
TY TO MEET THE PURPOSES AND GOALS OF THE  PROGRAM.  IN  THE  CASE  OF  A
COMMUNITY  SITE  WHICH  IS LOCATED WITHIN A VILLAGE AND A TOWN, ONLY THE
VILLAGE NEED SUBMIT THE APPLICATION AND PROVIDE THE RESOLUTION,  AND  IN
THE  CASE  OF A COMMUNITY SITE LOCATED IN MORE THAN ONE ADJACENT MUNICI-
PALITY, ALL SUCH ADJACENT VILLAGES OR TOWNS SHALL SUBMIT THE APPLICATION
AND RESOLUTIONS.
  2. THE  ADVISORY  COMMITTEE  SHALL  REVIEW  THE  APPLICATION  AND  ALL
SUPPORTING  MATERIALS  AND  SHALL  ADVISE THE DIRECTOR AS TO WHETHER THE

A. 1108                             4

COMMUNITY SITE MEETS THE REQUIREMENTS OF BECOMING A NEW  YORK  CERTIFIED
RETIREMENT  COMMUNITY PROGRAM BY MEETING OR EXCEEDING EACH METRIC OF THE
REQUIRED CRITERIA ON THE ASSESSMENT INSTRUMENT.
  3.  IF  THE ADVISORY COMMITTEE ADVISES THE DIRECTOR THAT THE COMMUNITY
SITE MEETS THE REQUIREMENTS, THEN THE DIRECTOR SHALL TELL THE  COMMUNITY
SITE SPONSORS AND MUNICIPALITIES IN WRITING THAT IT MAY ADVERTISE ITSELF
AS A NEW YORK CERTIFIED RETIREMENT COMMUNITY PROGRAM, AND WILL BE ELIGI-
BLE  FOR  SUPPORT,  ADVICE,  AND HELP PURSUANT TO THE NEW YORK CERTIFIED
RETIREMENT COMMUNITY PROGRAM.
  4. IF THE ADVISORY COMMITTEE ADVICES THE DIRECTOR THAT  THE  COMMUNITY
SITE  DOES  NOT MEET THE REQUIREMENTS OF THIS ARTICLE, THEN THE DIRECTOR
SHALL NOTIFY THE COMMUNITY SITE SPONSORS AND MUNICIPALITIES  IN  WRITING
OF  THE DEFICIENCIES IN ITS APPLICATION. THE DIRECTOR SHALL DESCRIBE THE
DEFICIENCIES AND SUGGEST A MEANS OF ADDRESSING THEM.
  S 315. NEW YORK CERTIFIED RETIREMENT COMMUNITY PROGRAM; LOCAL  COMMIT-
TEES.   UPON DESIGNATION AS A CERTIFIED RETIREMENT COMMUNITY, THE COMMU-
NITY SITE SHALL ESTABLISH A RETIREMENT COMMUNITY STEERING COMMITTEE  AND
NOT LESS THAN FOUR SUBCOMMITTEES AS FOLLOWS:
  1.  A "COMMUNITY AMENITIES SUBCOMMITTEE" WHICH SHALL DEVELOP A PORTFO-
LIO CONTAINING AN UNBIASED INVENTORY OF  COMMUNITY  AMENITIES  AS  SHALL
FURTHER BE DEFINED BY THE DIRECTOR;
  2.  A "COMMUNITY RELATIONS/FUNDRAISING SUBCOMMITTEE" WHICH SHALL RAISE
FUNDS REQUIRED TO CONDUCT THE  PROGRAM,  ORGANIZE  SPECIAL  EVENTS,  AND
PROMOTE AND COORDINATE THE PROGRAM WITH LOCAL ENTITIES;
  3.  A  "MARKETING  AND  PROMOTION  SUBCOMMITTEE" WHICH SHALL DEVELOP A
MARKETING PLAN, AND COORDINATE ADVERTISING AND PUBLIC RELATIONS; AND
  4. AN "AMBASSADORS SUBCOMMITTEE" WHICH SHALL CONTACT WITH  PROSPECTIVE
RETIREES,  RESPOND  TO INQUIRIES FROM SUCH PROSPECTS, LOG CONTACTS MADE,
PROVIDE TOURS AND INVITE PROSPECTS TO SPECIAL COMMUNITY EVENTS.
  S 316. NEW YORK CERTIFIED RETIREMENT COMMUNITY PROGRAM; ASSISTANCE. 1.
THE DIRECTOR SHALL, WITHIN FUNDS APPROPRIATED TO THE NEW YORK  CERTIFIED
RETIREMENT  COMMUNITY  PROGRAM,  PROVIDE  ONGOING ASSISTANCE TO NEW YORK
CERTIFIED RETIREMENT COMMUNITY PROGRAMS, INCLUDING BUT NOT LIMITED TO:
  (A) TRAINING OF LOCAL STAFF AND VOLUNTEERS;
  (B) OVERSIGHT AND GUIDANCE IN  MARKETING,  AND  UPDATING  ON  NATIONAL
RETIREMENT TRENDS;
  (C)  PROMOTING THE COMMUNITY THROUGH INCLUSION IN THE STATE'S NATIONAL
ADVERTISING  AND PUBLIC RELATIONS CAMPAIGNS, TRAVEL SHOW PROMOTIONS  AND
ON APPROPRIATE STATE INTERNET WEBSITES; AND
  (D) FINANCIAL ASSISTANCE FOR BROCHURES, SUPPORT MATERIAL AND ADVERTIS-
ING.
  2.  AS  APPROPRIATE,  THE DIRECTOR SHALL SEEK THE HELP OF THE ADVISORY
COMMITTEE, OR MEMBERS THEREOF, IN HELPING TO PROMOTE AND MARKET NEW YORK
CERTIFIED RETIREMENT COMMUNITY PROGRAMS. EACH INDIVIDUAL MEMBER  OF  THE
COMMITTEE IS HEREBY AUTHORIZED TO PROVIDE ANY SUCH ASSISTANCE REQUESTED.
  S  317.  REPORT.  THE  DIRECTOR  SHALL PROVIDE AN ANNUAL REPORT TO THE
GOVERNOR AND THE LEGISLATURE ON THE DESIGNATION AND STATUS OF  CERTIFIED
RETIREMENT COMMUNITIES WITHIN THE STATE, AND THEIR SUCCESS IN ATTRACTING
AND  RETAINING  RETIREES  AND  IN CREATING NEW YORK CERTIFIED RETIREMENT
COMMUNITIES DESTINATION  COMMUNITIES.  SUCH  REPORT  SHALL  INCLUDE  ANY
RECOMMENDATIONS BY THE DIRECTOR FOR IMPROVING OR CHANGING THE PROGRAM.
  S  318.  ASSISTANCE OF OTHER AGENCIES. THE DIRECTOR MAY SEEK AND SHALL
BE ENTITLED TO RECEIVE FROM OTHER STATE AGENCIES SUCH ASSISTANCE AS  MAY
BE REQUIRED TO PERFORM SUCH DIRECTOR'S DUTIES PURSUANT TO THIS ARTICLE.
  S  3. This act shall take effect on the first of April of the calendar
year next succeeding the year in which  it  shall  have  become  a  law,

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provided  that  the director of the office for the aging shall implement
any rules and regulations and may produce any  documents  or  guidelines
necessary  to  implement  the  program created by this act prior to such
date.