NY State Senate Bill 2023-S3105

Senate Bill S3105

Vetoed By Governor

2023-2024 Legislative Session

Requires the office for people with developmental disabilities to produce and publish a report on staffing at state-operated institutions under the jurisdiction of such office

download bill text pdf

Current Bill Status - Vetoed by Governor

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Vetoed By Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Nov 22, 2024	vetoed memo.54
Nov 15, 2024	delivered to governor
Jun 07, 2024	returned to senate passed assembly ordered to third reading rules cal.629 substituted for a9523
May 28, 2024	referred to ways and means delivered to assembly passed senate
May 15, 2024	advanced to third reading
May 14, 2024	2nd report cal.
May 13, 2024	1st report cal.1011
Mar 13, 2024	print number 3105a
Mar 13, 2024	amend and recommit to disabilities
Jan 03, 2024	referred to disabilities returned to senate died in assembly
Apr 20, 2023	referred to ways and means
Apr 19, 2023	delivered to assembly passed senate
Mar 29, 2023	advanced to third reading
Mar 28, 2023	2nd report cal.
Mar 27, 2023	1st report cal.568
Jan 27, 2023	referred to disabilities

Votes

- May 28, 2024 - Floor Vote
  S3105
  
  58
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  4
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: May 28, 2024
      
      aye (58)
      
      Addabbo Jr.
      
      Ashby
      
      Bailey
      
      Borrello
      
      Breslin
      
      Brisport
      
      Brouk
      
      Canzoneri-Fitzpatrick
      
      Chu
      
      Cleare
      
      Comrie
      
      Cooney
      
      Felder
      
      Fernandez
      
      Gallivan
      
      Gianaris
      
      Gounardes
      
      Griffo
      
      Helming
      
      Hinchey
      
      Hoylman-Sigal
      
      Jackson
      
      Kavanagh
      
      Lanza
      
      Liu
      
      Mannion
      
      Martinez
      
      Martins
      
      Mattera
      
      May
      
      Mayer
      
      Murray
      
      Myrie
      
      O'Mara
      
      Oberacker
      
      Ortt
      
      Palumbo
      
      Parker
      
      Persaud
      
      Ramos
      
      Rhoads
      
      Rivera
      
      Rolison
      
      Ryan
      
      Salazar
      
      Sanders Jr.
      
      Scarcella-Spanton
      
      Sepúlveda
      
      Serrano
      
      Skoufis
      
      Stavisky
      
      Stec
      
      Stewart-Cousins
      
      Tedisco
      
      Thomas
      
      Webb
      
      Weber
      
      Weik
      
      excused (4)
      
      Gonzalez
      
      Harckham
      
      Krueger
      
      Walczyk
  Apr 19, 2023 - Floor Vote
  S3105
  
  60
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  3
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Apr 19, 2023
      
      aye (60)
      
      Addabbo Jr.
      
      Ashby
      
      Bailey
      
      Borrello
      
      Breslin
      
      Brisport
      
      Brouk
      
      Canzoneri-Fitzpatrick
      
      Chu
      
      Cleare
      
      Comrie
      
      Felder
      
      Fernandez
      
      Gianaris
      
      Gonzalez
      
      Gounardes
      
      Griffo
      
      Harckham
      
      Helming
      
      Hinchey
      
      Hoylman-Sigal
      
      Jackson
      
      Kavanagh
      
      Kennedy
      
      Krueger
      
      Lanza
      
      Liu
      
      Mannion
      
      Martinez
      
      Martins
      
      Mattera
      
      May
      
      Mayer
      
      Murray
      
      Myrie
      
      Oberacker
      
      Ortt
      
      Palumbo
      
      Parker
      
      Persaud
      
      Ramos
      
      Rhoads
      
      Rivera
      
      Rolison
      
      Ryan
      
      Salazar
      
      Sanders Jr.
      
      Scarcella-Spanton
      
      Sepúlveda
      
      Serrano
      
      Skoufis
      
      Stavisky
      
      Stec
      
      Stewart-Cousins
      
      Tedisco
      
      Thomas
      
      Walczyk
      
      Webb
      
      Weber
      
      Weik
      
      excused (3)
      
      Cooney
      
      Gallivan
      
      O'Mara
  May 13, 2024 - Disabilities Committee Vote
  S3105
  
  7
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Disabilities Committee Vote: May 13, 2024
      
      aye (7)
      
      Ashby
      
      Felder
      
      Gonzalez
      
      Mannion
      
      Persaud
      
      Scarcella-Spanton
      
      Weber
  Mar 27, 2023 - Disabilities Committee Vote
  S3105
  
  7
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Disabilities Committee Vote: Mar 27, 2023
      
      aye (7)
      
      Ashby
      
      Felder
      
      Gonzalez
      
      Mannion
      
      Persaud
      
      Scarcella-Spanton
      
      Weber

Bill Amendments

Original

A (Active)

co-Sponsors

2023-S3105 - Details

Law Section:: Mental Hygiene
Versions Introduced in 2021-2022 Legislative Session:: S9086

2023-S3105 - Summary

Requires the office for people with developmental disabilities to produce and publish a report to assess the staffing and other issues causing the continued displacement of individuals with developmental disabilities from various state-operated institutions under the jurisdiction of the office for people with developmental disabilities.

2023-S3105 - Sponsor Memo

                                 
BILL NUMBER: S3105

SPONSOR: MANNION
 
TITLE OF BILL:

An act relating to assessing the staffing and other issues causing the
continued displacement of individuals with developmental disabilities
from various state-operated institutions under the jurisdiction of the
office for people with developmental disabilities

 
PURPOSE OR GENERAL IDEA OF BILL:

The purpose of this bill is to assess and remedy any issues, including
staffing, that relates to the displacement of individuals with a devel-
opmental disability.

 
SUMMARY OF PROVISIONS:

Section 1 of this bill would declare the legislative intent and would
require the Commissioner of the Office for People with Developmental
Disabilities to submit a report detailing the number and nature of
state-operated residential facilities serving individuals with develop-

mental disabilities, an official record of staff delivering services and
the hiring of new staff at these residential facilities.

Section 2 of this bill would require that such report include the total
number of full-time equivalent staff by position or title for the office
for people with developmental disabilities, the 2022-2023 fiscal year
full-time equivalent budgeted staffing level by position or title for
the office for people with developmental disabilities, the number of
full-time equivalent staff that separated from service between April 1,
2022 and December 1, 2022, the number of staff hired from April 1, 2022
to December 1, 2022, and the number of unfilled and vacant positions as
of December 1, 2022 at each state-operated facility. The report shall
also include the number of full-time equivalent staff, the steps taken
by OPWDD to recruit staff for new and vacant positions, a list of state-
operated residential facilities detailing which facilities are owned or
leased, and the number of eligible clients with developmental disabili-
ties currently on a waiting list to receive care.

Section 3 of this bill would require that the report be posted for
public inspection on OPWDD's website.

Section 4 of this bill provides that the effective date shall take
effect immediately.

 
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 reports to
be provided to the legislature on staffing data and service needs both
regionally and statewide. It will also help increase transparency and
promote discussion among the stakeholders related to the suspension or
reduction of services by requiring a report to the legislature prior to
any closure or reduction of service.

 
LEGISLATIVE HISTORY:

2021-22: S.9086 (Mannion) - Veto Memo 83

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2023-S3105 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3105
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 27, 2023
                                ___________
 
 Introduced  by  Sen. MANNION -- read twice and ordered printed, and when
   printed to be committed to the Committee on Disabilities
 
 AN ACT relating to assessing the staffing and other issues  causing  the
   continued  displacement of individuals with developmental disabilities
   from various state-operated institutions under the jurisdiction of the
   office for people with developmental disabilities
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Legislative intent. The legislature finds and declares that
 the  continued  displacement  of individuals with disabilities caused by
 the closure or suspension of services at various  state-operated  insti-
 tutions  due to staffing and other issues must be assessed and remedied.
 The legislature further finds that in  order  to  assess  these  ongoing
 staffing issues, the commissioner of the office for people with develop-
 mental disabilities shall submit a report to the governor, the temporary
 president  of  the  senate, and the speaker of the assembly on or before
 December 31, 2023 detailing the  number  and  nature  of  state-operated
 residential  facilities serving individuals with developmental disabili-
 ties, a census of staff delivering services at state-operated facilities
 to individuals with developmental disabilities and  the  hiring  of  new
 staff at state-operated residential facilities.
   §  2.  Such report shall include, but not be limited to, the following
 information:
   1. the total number of full-time equivalent staff by position or title
 for the office for people with developmental disabilities as of April 1,
 2023;
   2. the 2023-2024 fiscal year full-time  equivalent  budgeted  staffing
 level  by position or title for the office for people with developmental
 disabilities as of April 1, 2023;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05300-01-3
 S. 3105                             2

   3. the number  of  full-time  equivalent  staff  that  separated  from
 service  between  April 1, 2023 and December 1, 2023, including a break-
 down of each staff member's job title and job location;
   4.  the  number of staff hired from April 1, 2023 to December 1, 2023,
 including a breakdown of each staff member's job title and job location;
   5. the number of unfilled and vacant positions as of December 1,  2023
 at each state-operated facility;
   6. the number of full-time equivalent staff as of December 1, 2023;
   7.  the  steps taken by the office for people with developmental disa-
 bilities to recruit staff for new and vacant positions;
   8. a list of state-operated residential  facilities  operated  by  the
 office for people with developmental disabilities detailing which facil-
 ities  are  owned  or  leased, and the lease end date, if any. Such list
 shall include whether such facilities are  operational,  have  suspended
 services  or have been closed and the proposed date at which any facili-
 ties that have suspended services or have been closed are  projected  to
 be re-opened to serve individuals with developmental disabilities;
   9.  the  number  of  eligible  clients with developmental disabilities
 currently on a waiting list to receive care; and
   10. any other information the commissioner of the  office  for  people
 with  developmental disabilities deems necessary and appropriate for the
 legislature to assess the ability of the office for people with develop-
 mental disabilities to  deliver  needed  services  to  individuals  with
 developmental  disabilities  or to reduce the number of individuals with
 developmental disabilities awaiting placement for services in  a  state-
 operated residential facility.
   §  3.  Such report shall be posted for public inspection on the office
 for people with developmental disabilities' website.
   § 4. This act shall take effect immediately.

co-Sponsors

2023-S3105A (ACTIVE) - Details

Law Section:: Mental Hygiene
Versions Introduced in 2021-2022 Legislative Session:: S9086

2023-S3105A (ACTIVE) - Summary

2023-S3105A (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S3105A

SPONSOR: MANNION
 
TITLE OF BILL:

An act relating to assessing the staffing and other issues causing the
continued displacement of individuals with developmental disabilities
from various state-operated institutions under the jurisdiction of the
office for people with developmental disabilities

 
PURPOSE OR GENERAL IDEA OF BILL:

The purpose of this bill is to assess and remedy any issues, including
staffing, that relates to the displacement of individuals with a devel-
opmental disability.

 
SUMMARY OF PROVISIONS:

Section 1 of this bill would declare the legislative intent and would
require the Commissioner of the Office for People with Developmental
Disabilities to submit a report detailing the number and nature of
state-operated residential facilities serving individuals with develop-

mental disabilities, an official record of staff delivering services and
the hiring of new staff at these residential facilities.

Section 2 of this bill would require that such report include the total
number of full-time equivalent staff by position or title for the office
for people with developmental disabilities, the 2022-2023 fiscal year
full-time equivalent budgeted staffing level by position or title for
the office for people with developmental disabilities, the number of
full-time equivalent staff that separated from service between April 1,
2022 and December 1, 2022, the number of staff hired from April 1, 2022
to December 1, 2022, and the number of unfilled and vacant positions as
of December 1, 2022 at each state-operated facility. The report shall
also include the number of full-time equivalent staff, the steps taken
by OPWDD to recruit staff for new and vacant positions, a list of state-
operated residential facilities detailing which facilities are owned or
leased, and the number of eligible clients with developmental disabili-
ties currently on a waiting list to receive care.

Section 3 of this bill would require that the report be posted for
public inspection on OPWDD's website.

Section 4 of this bill provides that the effective date shall take
effect immediately.

 
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 reports to
be provided to the legislature on staffing data and service needs both
regionally and statewide. It will also help increase transparency and
promote discussion among the stakeholders related to the suspension or
reduction of services by requiring a report to the legislature prior to
any closure or reduction of service.

 
LEGISLATIVE HISTORY:

2021-22: S.9086 (Mannion) - Veto Memo 83

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2023-S3105A (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  3105--A
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 27, 2023
                                ___________
 
 Introduced  by  Sens.  MANNION, WEBER -- read twice and ordered printed,
   and when printed to be committed to the Committee on  Disabilities  --
   recommitted to the Committee on Disabilities in accordance with Senate
   Rule  6,  sec.  8  --  committee  discharged,  bill  amended,  ordered
   reprinted as amended and recommitted to said committee

 AN ACT relating to assessing the staffing and other issues  causing  the
   continued  displacement of individuals with developmental disabilities
   from various state-operated institutions under the jurisdiction of the
   office for people with developmental disabilities
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Legislative intent. The legislature finds and declares that
 the  continued  displacement  of individuals with disabilities caused by
 the closure or suspension of services at various  state-operated  insti-
 tutions  due to staffing and other issues must be assessed and remedied.
 The legislature further finds that in  order  to  assess  these  ongoing
 staffing issues, the commissioner of the office for people with develop-
 mental disabilities shall submit a report to the governor, the temporary
 president  of  the  senate, and the speaker of the assembly on or before
 December 31, 2024 detailing the  number  and  nature  of  state-operated
 residential  facilities serving individuals with developmental disabili-
 ties, a census of staff delivering services at state-operated facilities
 to individuals with developmental disabilities and  the  hiring  of  new
 staff at state-operated residential facilities.
   §  2.  Such report shall include, but not be limited to, the following
 information:
   1. the total number of full-time equivalent staff by position or title
 for the office for people with developmental disabilities as of April 1,
 2024;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05300-02-4
 S. 3105--A                          2

   2. the 2024-2025 fiscal year full-time  equivalent  budgeted  staffing
 level  by position or title for the office for people with developmental
 disabilities as of April 1, 2024;
   3.  the  number  of  full-time  equivalent  staff  that separated from
 service between April 1, 2024 and December 1, 2024, including  a  break-
 down of each staff member's job title and job location;
   4.  the  number of staff hired from April 1, 2024 to December 1, 2024,
 including a breakdown of each staff member's job title and job location;
   5. the number of unfilled and vacant positions as of December 1,  2024
 at each state-operated facility;
   6. the number of full-time equivalent staff as of December 1, 2024;
   7.  the  steps taken by the office for people with developmental disa-
 bilities to recruit staff for new and vacant positions;
   8. a list of state-operated residential  facilities  operated  by  the
 office for people with developmental disabilities detailing which facil-
 ities  are  owned  or  leased, and the lease end date, if any. Such list
 shall include whether such facilities are  operational,  have  suspended
 services  or have been closed and the proposed date at which any facili-
 ties that have suspended services or have been closed are  projected  to
 be re-opened to serve individuals with developmental disabilities;
   9.  the  number  of  eligible  clients with developmental disabilities
 currently on a waiting list to receive care; and
   10. any other information the commissioner of the  office  for  people
 with  developmental disabilities deems necessary and appropriate for the
 legislature to assess the ability of the office for people with develop-
 mental disabilities to  deliver  needed  services  to  individuals  with
 developmental  disabilities  or to reduce the number of individuals with
 developmental disabilities awaiting placement for services in  a  state-
 operated residential facility.
   §  3.  Such report shall be posted for public inspection on the office
 for people with developmental disabilities' website.
   § 4. This act shall take effect immediately.

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Senate Bill S3105

Share this bill

Sponsored By

John W. Mannion

Current Bill Status - Vetoed by Governor

Bill Amendments

co-Sponsors

Bill Weber

2023-S3105 - Details

2023-S3105 - Summary

2023-S3105 - Sponsor Memo

2023-S3105 - Bill Text download pdf

co-Sponsors

Pamela Helming

Bill Weber

2023-S3105A (ACTIVE) - Details

2023-S3105A (ACTIVE) - Summary

2023-S3105A (ACTIVE) - Sponsor Memo

2023-S3105A (ACTIVE) - Bill Text download pdf

Comments