S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9246
 
                             I N  S E N A T E
 
                                May 7, 2024
                                ___________
 
 Introduced  by  Sen. MANNION -- read twice and ordered printed, and when
   printed to be committed to the Committee on Disabilities
 
 AN ACT to amend the mental hygiene law, in relation to requiring  boards
   of  visitors provide greater transparency to the public regarding such
   boards' activities
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivisions  (d),  (f)  and  (j) of section 13.33 of the
 mental hygiene law, as amended by section 4 of part J of chapter  56  of
 the laws of 2012, are amended to read as follows:
   (d) Each board shall, at the first meeting of each calendar year elect
 one member to serve as president of the board and one member to serve as
 secretary;  provided however, that no member may serve for more than two
 consecutive years as president.  AFTER SUCH ELECTION  OF  THE  PRESIDENT
 AND  SECRETARY, EACH BOARD SHALL INFORM THE GOVERNOR, THE SPEAKER OF THE
 ASSEMBLY AND THE TEMPORARY PRESIDENT OF THE SENATE OF SUCH NEW PRESIDENT
 AND SECRETARY.
   (f) (1) Each board of visitors shall hold six bi-monthly regular meet-
 ings annually, but a greater number of regular meetings may be scheduled
 by the board. Each board of visitors shall establish in their by-laws or
 otherwise, in writing AND AT THE FIRST MEETING OF  EACH  CALENDAR  YEAR,
 whether  these  six  meetings shall be held during months represented by
 odd numbers or months represented by even numbers. The president of  the
 board  shall  notify  [the chairman of the commission on quality of care
 and advocacy for persons with disabilities] THE  EXECUTIVE  DIRECTOR  OF
 THE  JUSTICE  CENTER FOR THE PROTECTION OF PEOPLE WITH SPECIAL NEEDS and
 the [state operations director] COMMISSIONER of the  determination  made
 concerning  the  designated  months for the six bi-monthly regular meet-
 ings.   THE DATES OF SUCH MEETINGS  SHALL  BE  POSTED  ON  THE  OFFICE'S
 WEBSITE  AND SHALL BE MADE AVAILABLE TO THE PUBLIC. The president of the
 board, the commissioner, [the director,] or the members as determined by
 the rules of the board may call special meetings. The board may [require
 the director] REQUEST THE COMMISSIONER, OR SUCH COMMISSIONER'S DESIGNEE,
 to submit a report at each meeting. Each board shall keep  a  record  of
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD15169-01-4
 S. 9246                             2
 
 its  proceedings and activities. A member of a board of visitors who has
 failed to attend three consecutive bi-monthly regular meetings shall  be
 considered  to  have vacated [his] SUCH MEMBER'S office unless otherwise
 ordered  by  the  governor.  The  board shall cause notice of any of its
 public meetings to be sent to the mental hygiene legal  service  located
 in  the  same  judicial  department  as the state operations office. The
 mental hygiene legal service may  send  a  representative  to  any  such
 public  meeting,  and may request the board to review patient complaints
 or investigate alleged incidents of abuse  or  mistreatment.  The  board
 shall  notify the appropriate representative of the mental hygiene legal
 service of the board's actions and findings  in  relation  to  any  such
 request.  MEETING MINUTES, AGENDAS, PROCEEDINGS, ACTIVITIES, BY-LAWS AND
 ACTIONS  BY EACH BOARD SHALL BE POSTED ON THE OFFICE'S WEBSITE AND SHALL
 BE MADE AVAILABLE TO THE PUBLIC.
   (2) The president of the board of visitors shall notify  a  member  by
 certified  or  registered mail return receipt requested when such member
 of the board has failed to attend any two consecutive bi-monthly regular
 meetings. This notice shall be sent within ten days following the second
 meeting and shall include the dates  of  the  two  meetings  which  were
 missed, the date of the next bi-monthly regular meeting, and a statement
 concerning the consequences of failure to attend the next meeting.
   (3)  Within  three  days  after  the  third  consecutive  absence at a
 bi-monthly regular meeting by a member, the president of  the  board  of
 visitors  shall  notify, in writing, the governor, the commissioner, the
 [chairman of the commission on quality of care and advocacy for  persons
 with  disabilities]  EXECUTIVE  DIRECTOR  OF  THE JUSTICE CENTER FOR THE
 PROTECTION OF PEOPLE WITH SPECIAL NEEDS, THE TEMPORARY PRESIDENT OF  THE
 SENATE  and  the  [state operations director] SPEAKER OF THE ASSEMBLY of
 such absences.  The president of the board of visitors shall send a copy
 of this notice by registered or certified mail return receipt  requested
 to  the member to whom it pertains. The member may petition the governor
 to excuse [his] SUCH MEMBER'S absences. If the governor does not  excuse
 the absences within forty-five days of the date of the third consecutive
 meeting absence, the office of the member shall be deemed vacated.
   (j) Once each year, each board shall make an independent assessment of
 conditions  at  such facilities and shall submit a report on the assess-
 ment and recommendations to the governor, to the  commissioner,  to  the
 temporary president of the senate, to the speaker of the assembly and to
 the  [chairman  of  the state commission on quality of care and advocacy
 for persons with disabilities] EXECUTIVE DIRECTOR OF THE JUSTICE  CENTER
 FOR THE PROTECTION OF PEOPLE WITH SPECIAL NEEDS.
   § 2. This act shall take effect on the one hundred twentieth day after
 it shall have become a law.