Specifies the persons authorized to visit facilities operated by the department of social services or a social services district and homeless projects; amends the definition of homeless project.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A7994A
SPONSOR: Forrest TITLE OF BILL:
An act to amend the social services law, in relation to persons author-
ized to visit facilities operated by the department of social services
or a social services district and homeless projects
PURPOSE OR GENERAL IDEA OF BILL:
To allow elected officials to visit social services facilities such as
homeless shelters, respite shelters, nursing homes, and other adult care
facilities which are operated by, or receive support from, the state.
SUMMARY OF SPECIFIC PROVISIONS:
Section 1 amends the social services law to add a new definition for
emergency congregate housing facilities
Section 2 amends the definition of a homeless project in the social
services law to include emergency congregate housing facilities
Section 3 amends the social services law by adding a new subdivision,
40-a, to guarantee right of entry to social services facilities for
elected officials and their staff, judges, district attorneys, and cler-
gymen or ministers
JUSTIFICATION:
Social service facilities are essential to the state delivering on its
constitutional obligation to care for vulnerable populations and a major
point of contact between the state and its constituents. Many of these
facilities are explicitly required to adhere to certain standards of
operation and quality. One of the best ways to ensure that these stand-
ards are being met is for local elected officials to visit and inspect
these facilities without warning. The legislature has previously recog-
nized this by explicitly guaranteeing visitation rights for elected
officials in regards to correctional facilities, yet no such right
exists in relation to homeless shelters, adult care facilities, and
other facilities which house our most vulnerable populations.
The facilities are located throughout the state in districts with
elected representatives and deliver services and care to members of the
district. Even when they serve members of vulnerable populations who
come from outside a legislative district, their operation has a signif-
icant effect on that district's population. Elected officials therefore
have a vested interest in ensuring that these facilities are operated
with integrity and in compliance with the law. However, these same
elected officials do not have an explicit legal right to visit and
inspect these facilities without the permission of the operators, who
may have a vested interest in hiding or misrepresenting the reality of
what is occurring in the facility. As an influx of asylum seekers causes
the population of social service facilities to explode, many legislators
have found themselves shut out from the inspection of such facilities
and thus unable to properly assess the scope of the issue and its
effects on the communities that they represent. Institutions which house
vulnerable populations often barred from advocating for themselves, and
which control such a large proportion of resources dedicated to the
resolution of pivotal issues, cannot be allowed to operate without over-
sight. This bill will ensure that legislators have the right to visit
these social service facilities, promoting accountability and transpar-
ency in their operations to better serve New York's most vulnerable
populations.
PRIOR LEGISLATIVE HISTORY:
None
FISCAL IMPLICATIONS:
None
EFFECTIVE DATE:
This act shall take effect immediately.
STATE OF NEW YORK
________________________________________________________________________
7994--A
2023-2024 Regular Sessions
IN ASSEMBLY
September 1, 2023
___________
Introduced by M. of A. FORREST, SHIMSKY -- read once and referred to the
Committee on Social Services -- recommitted to the Committee on Social
Services in accordance with Assembly Rule 3, sec. 2 -- committee
discharged, bill amended, ordered reprinted as amended and recommitted
to said committee
AN ACT to amend the social services law, in relation to persons author-
ized to visit facilities operated by the department of social services
or a social services district and homeless projects
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 42 of the social services law is amended by adding
2 a new subdivision 6 to read as follows:
3 6. "Emergency congregate housing" shall mean any location operated by
4 a state agency, city agency, or local municipality or a provider under
5 contract or similar agreement with a state agency, city agency, or local
6 municipality where individuals and families reside for more than nine-
7 ty-six continuous hours and where such individuals and families sleep in
8 a congregate setting with shared facilities, including but not limited
9 to sleeping quarters and bathrooms; provided, however, that emergency
10 congregate housing shall not include any location operated by the
11 department or a provider under contract or similar agreement with the
12 department.
13 § 2. Subdivision 1 of section 42 of the social services law, as
14 amended by chapter 458 of the laws of 1986, is amended to read as
15 follows:
16 1. "Homeless project" shall mean emergency congregate housing or a
17 specific facility, including lands, buildings and improvements acquired,
18 constructed, renovated or rehabilitated and operated by a not-for-profit
19 corporation, charitable organization, wholly owned subsidiary of a not-
20 for-profit corporation or of a charitable organization, public corpo-
21 ration or a municipality to increase the availability of housing for
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD13105-02-4
A. 7994--A 2
1 homeless persons, which may include other non-housing services such as
2 but not limited to dining, recreational, sanitary, social, medical and
3 mental health services as may be deemed by the commissioner to be essen-
4 tial to such a project.
5 § 3. The social services law is amended by adding a new section 40-a
6 to read as follows:
7 § 40-a. Persons authorized to visit facilities. Notwithstanding any
8 rule, regulation, or law to the contrary, the following persons shall be
9 authorized to visit at pleasure all facilities operated by the depart-
10 ment or a social services district, including adult care facilities as
11 defined in subdivision twenty-one of section two of this chapter and
12 homeless projects as defined in subdivision one of section forty-two of
13 this chapter: The governor and lieutenant-governor, comptroller and
14 attorney-general, members of the legislature and their accompanying
15 staff as requested by the member of the legislature if the member
16 requests to be so accompanied, members of the elected legislative body
17 of the county in which the facility is located and their accompanying
18 staff as requested by the member of such legislative body if the member
19 requests to be so accompanied, in city council and their accompanying
20 staff as requested by the city council member if the council member
21 requests to be so accompanied, judges of the court of appeals, justices
22 of the supreme court and county judges, district attorneys and every
23 clergyman or minister, as such terms are defined in section two of the
24 religious corporations law, having charge of a congregation in the coun-
25 ty in which such facility is located.
26 § 4. This act shall take effect immediately.
