Senate Bill S9902

2023-2024 Legislative Session

Relates to prohibiting former assisted living residences from becoming migrant shelters

download bill text pdf

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Current Bill Status - In Senate Committee Rules 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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2023-S9902 (ACTIVE) - Details

Current Committee:
Senate Rules
Law Section:
Public Health Law
Laws Affected:
Amd §4653-a, Pub Health L; amd §43, Soc Serv L

2023-S9902 (ACTIVE) - Summary

Relates to prohibiting former assisted living residences from closing in order to become shelters for asylum seekers.

2023-S9902 (ACTIVE) - Sponsor Memo

2023-S9902 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9902
 
                             I N  S E N A T E
 
                             September 6, 2024
                                ___________
 
 Introduced  by Sen. SCARCELLA-SPANTON -- read twice and ordered printed,
   and when printed to be committed to the Committee on Rules
 
 AN ACT to amend the public health law and the social  services  law,  in
   relation  to  prohibiting  the establishment or operation of a shelter
   for asylum seekers on a property that  was  formerly  operated  as  an
   assisted living residence

   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 "Island Shores law".
   §  2.  Subdivision  2  of  section  4653-a of the public health law is
 amended by adding a new paragraph (e) to read as follows:
   (E) (I) NO FORMER OPERATOR OF AN ASSISTED LIVING  RESIDENCE  SHALL  BE
 GRANTED  AUTHORITY  OR  APPROVAL  TO ESTABLISH AND/OR OPERATE A FACILITY
 INTENDING TO HOUSE ASYLUM SEEKERS AFTER SUCH OPERATOR HAS  NOTIFIED  THE
 APPROPRIATE  REGIONAL OFFICE OF THE DEPARTMENT THAT THE OPERATOR INTENDS
 TO CLOSE AND/OR DECERTIFY THE ASSISTED LIVING RESIDENCE.
   (II) FOR THE PURPOSES OF THIS PARAGRAPH, "ASYLUM SEEKER" SHALL MEAN AN
 INDIVIDUAL WHO CHANGES THEIR COUNTRY OF USUAL RESIDENCE TO  SEEK  TEMPO-
 RARY  OR PERMANENT RESIDENCE IN ANOTHER COUNTRY, AND WHO HAS APPLIED FOR
 ASYLUM UNDER 8 U.S. CODE § 1158 OR IS ELIGIBLE TO APPLY;  OR  WHO  IS  A
 REFUGEE  AS DEFINED BY SECTION 101(A)(42) OF THE IMMIGRATION AND NATION-
 ALITY ACT (INA).
   § 3. Section 43 of the social services law is amended by adding a  new
 subdivision 12 to read as follows:
   12.  (A)  THE  COMMISSIONER  SHALL NOT ENTER INTO ANY CONTRACT FOR THE
 ESTABLISHMENT AND/OR OPERATION OF A FACILITY INTENDING TO  HOUSE  ASYLUM
 SEEKERS  WITH  A  FORMER  OPERATOR OF AN ASSISTED LIVING RESIDENCE AFTER
 SUCH OPERATOR HAS  NOTIFIED  THE  APPROPRIATE  REGIONAL  OFFICE  OF  THE
 DEPARTMENT OF HEALTH THAT SUCH OPERATOR INTENDS TO CLOSE AND/OR DECERTI-
 FY  THE  ASSISTED LIVING RESIDENCE PURSUANT TO SECTION FOUR THOUSAND SIX
 HUNDRED FIFTY-THREE-A OF THE PUBLIC HEALTH LAW.
   (B) FOR THE PURPOSES OF THIS SUBDIVISION, "ASYLUM SEEKER"  SHALL  MEAN
 AN  INDIVIDUAL  WHO  CHANGES  THEIR  COUNTRY  OF USUAL RESIDENCE TO SEEK
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

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