NY State Senate Bill 2023-S5352

Senate Bill S5352

2023-2024 Legislative Session

Requires individuals to provide advanced notice prior to applying to operate certain facilities or services

download bill text pdf

Archive: Last Bill Status - In Senate Committee Alcoholism And Substance Use Disorders 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

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2024	referred to alcoholism and substance use disorders
Mar 02, 2023	referred to alcoholism and substance use disorders

2023-S5352 (ACTIVE) - Details

Current Committee:: Senate Alcoholism And Substance Use Disorders
Law Section:: Mental Hygiene Law
Laws Affected:: Amd §19.21, Ment Hyg L

2023-S5352 (ACTIVE) - Summary

Requires individuals to provide advanced notice prior to applying to operate certain facilities or services.

2023-S5352 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S5352

SPONSOR: FERNANDEZ
 
TITLE OF BILL:

An act to amend the mental hygiene law, in relation to requiring indi-
viduals to provide advanced notice prior to applying to operate certain
facilities or services

 
PURPOSE OR GENERAL IDEA OF BILL:

To require individuals planning to operate facilities and services
related to substance use disorders provide advanced notice to communi-
ties.

 
SUMMARY OF PROVISIONS:

Section 1 requires individuals planning to apply to operate facilities
and services related to alcoholism and substance use disorder programs
to provide advanced notice to municipalities and community boards.

Section 2 sets the effective date.

 
JUSTIFICATION:

The opioid epidemic continues to get worse with every passing day in
this country. According to the National Institute of Drug Abuse, there
were 3,224 overdose deaths in New York in 2017. Addressing this issue
requires the need for facilities to treat individuals with addictive
issues and transition them back into society. However, there is still a
stigma surrounding substance use disorders and the facilities addressing
this issue stemming from a lack of education on the services provided as
well as the fear of what such facilities may lead to. By requiring that
individuals seeking to establish said facilities or programs notify the
communities 60 days prior to the application process, we seek to allow
for more ample time to educate the community on the needs of such
services in their neighborhoods.

 
PRIOR LEGISLATIVE HISTORY:

2021-2022: A2135

2020: A8912

 
FISCAL IMPLICATIONS:

TBD

 
EFFECTIVE DATE:
This act shall take effect immediately.

2023-S5352 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5352
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                               March 2, 2023
                                ___________
 
 Introduced by Sen. FERNANDEZ -- read twice and ordered printed, and when
   printed  to  be committed to the Committee on Alcoholism and Substance
   Use Disorders
 
 AN ACT to amend the mental hygiene law, in relation to  requiring  indi-
   viduals  to  provide  advanced  notice  prior  to  applying to operate
   certain facilities or services

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Section  19.21  of  the  mental hygiene law is amended by
 adding a new subdivision (e) to read as follows:
   (E) THE OFFICE SHALL REQUIRE INDIVIDUALS PLANNING TO APPLY TO  OPERATE
 FACILITIES  AND  SERVICES  RELATED TO ALCOHOLISM PROGRAMS, SUBSTANCE USE
 DISORDER PROGRAMS, AND CHEMICAL DEPENDENCE PROGRAMS, AND ANY PROGRAM  OR
 FACILITY PURPORTING TO PROVIDE SUCH SERVICES, TO PROVIDE ADVANCED NOTICE
 TO  MUNICIPALITIES  AND COMMUNITY BOARDS IN THE COMMUNITIES TO BE SERVED
 BY SUCH FACILITY OR SERVICE. SUCH NOTICE SHALL BE PROVIDED NO LESS  THAN
 SIXTY  DAYS  BEFORE  SUCH  INDIVIDUAL  APPLIES  TO OPEN SUCH FACILITY OR
 SERVICE.
   § 2. This act shall take effect immediately.
 
 
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09844-02-3

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