A00399 Summary:

BILL NOA00399
 
SAME ASSAME AS S00112
 
SPONSORGunther (MS)
 
COSPNSRLifton, Lupardo, Pheffer
 
MLTSPNSRDestito
 
Desig S301 to be Title 1, add Title head, Art 3 Title 2 SS310 - 318, Eld L
 
Establishes the New York certified retirement community program within the office for the aging; provides for certification by the director of the office for the aging that a community is advantageous for retirees to live and that such community encourages retirees to reside therein; provides that upon certification, the office for the aging shall provide assistance to the community.
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A00399 Actions:

BILL NOA00399
 
01/05/2011referred to aging
01/04/2012referred to aging
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A00399 Floor Votes:

There are no votes for this bill in this legislative session.
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A00399 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                           399
 
                               2011-2012 Regular Sessions
 
                   IN ASSEMBLY
 
                                       (Prefiled)
 
                                     January 5, 2011
                                       ___________
 
        Introduced  by M. of A. GUNTHER, LIFTON, LUPARDO, PHEFFER -- Multi-Spon-
          sored by -- M. of A.  DESTITO -- read once and referred to the Commit-
          tee on Aging
 
        AN ACT to amend the elder law, in relation to establishing a program  to
          encourage retirees to make their homes in New York state
 

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Short title. This act shall be known and may  be  cited  as
     2  the  "New  York  certified  retirement  community  act", and the program
     3  created hereunder shall be known as the  "New  York  Livable  Integrated
     4  Elder Friendly Retirement Communities (New York LIFE) program."
     5    §  2.    The elder law is amended by adding a new article 3 to read as
     6  follows:
     7                                 ARTICLE III
     8               NEW YORK CERTIFIED RETIREMENT COMMUNITY PROGRAM
     9  Section 310. Definitions.
    10          311. The  New  York  certified  retirement  community   program;
    11                 creation.
    12          312. Legislative intent.

    13          313. Rules and regulations.
    14          314. Designation.
    15          315. New  York  certified  retirement  community  program; local
    16                 committees.
    17          316. New York certified retirement  community  program;  assist-
    18                 ance.
    19          317. Report.
    20          318. Assistance of other agencies.
    21    § 310. Definitions. As used in this article:
    22    1.  "Certified  retirement  community"  means  any community site that
    23  meets the requirements of this article and is therefore designated as  a
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.

                                                                   LBD02313-01-1

        A. 399                              2
 
     1  certified  retirement community by the office. Such designation shall be
     2  for a duration of not more than five years, and may be renewed thereaft-
     3  er by making application to such director.
     4    2. "Community site" means a city, town, or village, or a portion ther-
     5  eof  designated  by  such  city, town, or village, which applies to be a
     6  certified retirement community.
     7    3.  "Assessment instrument" means an  instrument  recommended  by  the
     8  retirement  community  advisory  committee  and approved by the director
     9  that will allow a community site to assess whether it  has  the  factors

    10  that  qualify  it  as  a certified retirement community. Such assessment
    11  instrument shall provide a community site with  a  means  of  evaluating
    12  criteria  important  to  retirees,  including  but  not  limited to such
    13  factors as whether the community characteristics  address  basic  needs,
    14  optimize  physical  and mental health and well-being, maximize independ-
    15  ence for the frail and disabled, and promote social  and  civic  engage-
    16  ment,  and  such  other  quantitative and qualitative factors as will be
    17  attractive to retirees. Such factors  will  be  made  public  for  those
    18  community sites designated as certified retirement communities. Specific
    19  factors considered may include:

    20    (a)  Local  taxes  and the effect on retirees when combined with state
    21  taxes, tax credits, and other tax programs;
    22    (b) Housing opportunities and  cost,  and  the  continuum  of  housing
    23  opportunities  including  but  not limited to independent and subsidized
    24  housing, assisted living and shared housing opportunities and  including
    25  housing opportunities which accommodate mobility and safety;
    26    (c) Climate;
    27    (d) Personal safety;
    28    (e) Work opportunities;
    29    (f)  Health  care  services  and other services along the continuum of
    30  services including,  but  not  limited  to,  home  and  community  based
    31  services;
    32    (g)  Transportation, including whether such transportation is accessi-

    33  ble and affordable;
    34    (h) Continuing  education,  including  credit  and  non-credit  course
    35  opportunities and costs;
    36    (i)  Sports and recreation opportunities, including active and passive
    37  opportunities;
    38    (j) The performing arts, festivals, and events;
    39    (k) The ability of the service system to aid or enable people to  live
    40  comfortably and safely at home; and
    41    (l)  Such other factors as shall be determined by the advisory commit-
    42  tee and approved by the director, provided that the director, on  advice
    43  of  the advisory committee, may modify the factors listed in this subdi-
    44  vision in favor of other measures, criteria, and metrics.

    45    4. "Retirement community advisory committee" or  "advisory  committee"
    46  shall  mean an advisory committee of fifteen persons whose purpose shall
    47  be to review completed assessment instruments from community  sites  and
    48  make  recommendations  to  the  director,  and  to  make recommendations
    49  concerning the conduct and scope of the New  York  certified  retirement
    50  community program, and for improving its effectiveness, to the director.
    51  Members of the advisory committee shall include, ex officio, the follow-
    52  ing:  the  secretary of state, the chancellor of the state university of
    53  New York, the commissioner of education, the commissioner of health, the
    54  commissioner of the department of labor, the  commissioner  of  children

    55  and  family  services, and the commissioner of taxation and finance. The
    56  governor shall appoint an  additional  eight  persons  to  the  advisory

        A. 399                              3
 
     1  committee,  of  whom two shall be on the recommendation of the temporary
     2  president of the senate, two on the recommendation of the speaker of the
     3  assembly, one on the  recommendation  of  the  minority  leader  of  the
     4  senate,  and  one  on  the  recommendation of the minority leader of the
     5  assembly. All such appointees shall have the expertise in  the  area  of
     6  retirement  and  retirement  communities. The governor shall designate a
     7  chair of the advisory committee from among  the  members.  The  director

     8  shall  attend  meetings but shall not be a voting member. All ex officio
     9  members may designate an alternate, who shall have the full power to act
    10  on behalf of the official. The work of the committee shall begin as soon
    11  as a quorum is established by the  appointment  of  a  majority  of  the
    12  members  to  be designated pursuant to this subdivision, and the failure
    13  of any individual or institution to make recommendations to the governor
    14  for appointment to the committee shall not be  a  sufficient  reason  to
    15  delay the work of the committee.
    16    5. "Retiree" means a person who is aged fifty-five or older and who is
    17  retiring or is planning to retire from his or her current employment.

    18    §  311. The New York certified retirement community program; creation.
    19  The New York certified retirement community program  is  hereby  created
    20  within the office, where it shall be known and may be referred to as the
    21  New  York  Livable Integrated Elder Friendly Retirement Communities (New
    22  York LIFE) program. Its purpose shall be to promote the community  sites
    23  chosen  as certified retirement communities as premier retirement desti-
    24  nations for retirees  and  prospective  retirees,  and  to  assist  such
    25  cities,  towns, villages and portions thereof in providing and enhancing
    26  amenities that retirees will find attractive and in marketing themselves
    27  through such means as joint state-local and private  marketing  efforts,

    28  technical assistance, networking opportunities and other supports.
    29    §  312.  Legislative intent. The legislature hereby finds and declares
    30  that the New York certified retirement community program created  pursu-
    31  ant  to  this  article  in  every  respect  serves an appropriate public
    32  purpose of the state and all  of  its  citizens  by  providing  enhanced
    33  opportunities for quality of life for seniors and retirees, expansion of
    34  community  and  economic  development  opportunities,  and as a means of
    35  enriching the many diverse communities of this state.
    36    § 313. Rules and regulations. The director shall adopt rules and regu-
    37  lations establishing the  manner  by  which  a  community  site  may  be

    38  initially  designated  and  subsequently retain or renew its status as a
    39  certified retirement community. In adopting such rules and  regulations,
    40  the director shall consult with the advisory committee.
    41    §  314.  Designation.  1.  In  order  to  be designated as a certified
    42  retirement program pursuant to this section, the  governing  body  of  a
    43  city,  town or village which is or which contains a community site shall
    44  submit an application to the director upon a  form  established  by  the
    45  director and accompanied by a resolution of such body stating its desire
    46  for the community site to be designated as a certified retirement commu-
    47  nity,  along  with the completed assessment instrument and at the option

    48  of such governing body or if required by the  director,  any  additional
    49  supporting data that shall further explicate the ability of the communi-
    50  ty  to  meet  the  purposes  and  goals of the program. In the case of a
    51  community site which is located within a village and a  town,  only  the
    52  village  need  submit the application and provide the resolution, and in
    53  the case of a community site located in more than one  adjacent  munici-
    54  pality, all such adjacent villages or towns shall submit the application
    55  and resolutions.

        A. 399                              4
 
     1    2.  The  advisory  committee  shall  review  the  application  and all
     2  supporting materials and shall advise the director  as  to  whether  the

     3  community  site  meets the requirements of becoming a New York certified
     4  retirement community program by meeting or exceeding each metric of  the
     5  required criteria on the assessment instrument.
     6    3.  If  the advisory committee advises the director that the community
     7  site meets the requirements, then the director shall tell the  community
     8  site sponsors and municipalities in writing that it may advertise itself
     9  as a New York certified retirement community program, and will be eligi-
    10  ble  for  support,  advice,  and help pursuant to the New York certified
    11  retirement community program.
    12    4. If the advisory committee advices the director that  the  community
    13  site  does  not meet the requirements of this article, then the director

    14  shall notify the community site sponsors and municipalities  in  writing
    15  of  the deficiencies in its application. The director shall describe the
    16  deficiencies and suggest a means of addressing them.
    17    § 315. New York certified retirement community program; local  commit-
    18  tees.   Upon designation as a certified retirement community, the commu-
    19  nity site shall establish a retirement community steering committee  and
    20  not less than four subcommittees as follows:
    21    1.  A "community amenities subcommittee" which shall develop a portfo-
    22  lio containing an unbiased inventory of  community  amenities  as  shall
    23  further be defined by the director;
    24    2.  A "community relations/fundraising subcommittee" which shall raise

    25  funds required to conduct the  program,  organize  special  events,  and
    26  promote and coordinate the program with local entities;
    27    3.  A  "marketing  and  promotion  subcommittee" which shall develop a
    28  marketing plan, and coordinate advertising and public relations; and
    29    4. An "ambassadors subcommittee" which shall contact with  prospective
    30  retirees,  respond  to inquiries from such prospects, log contacts made,
    31  provide tours and invite prospects to special community events.
    32    § 316. New York certified retirement community program; assistance. 1.
    33  The director shall, within funds appropriated to the New York  certified
    34  retirement  community  program,  provide  ongoing assistance to New York

    35  certified retirement community programs, including but not limited to:
    36    (a) training of local staff and volunteers;
    37    (b) oversight and guidance in  marketing,  and  updating  on  national
    38  retirement trends;
    39    (c)  promoting the community through inclusion in the state's national
    40  advertising  and public relations campaigns, travel show promotions  and
    41  on appropriate state internet websites; and
    42    (d) financial assistance for brochures, support material and advertis-
    43  ing.
    44    2.  As  appropriate,  the director shall seek the help of the advisory
    45  committee, or members thereof, in helping to promote and market New York
    46  certified retirement community programs. Each individual member  of  the

    47  committee is hereby authorized to provide any such assistance requested.
    48    §  317.  Report.  The  director  shall provide an annual report to the
    49  governor and the legislature on the designation and status of  certified
    50  retirement communities within the state, and their success in attracting
    51  and  retaining  retirees  and  in creating New York certified retirement
    52  communities destination  communities.  Such  report  shall  include  any
    53  recommendations by the director for improving or changing the program.
    54    §  318.  Assistance of other agencies. The director may seek and shall
    55  be entitled to receive from other state agencies such assistance as  may
    56  be required to perform such director's duties pursuant to this article.


        A. 399                              5
 
     1    §  3. This act shall take effect on the first of April of the calendar
     2  year next succeeding the year in which  it  shall  have  become  a  law,
     3  provided  that  the director of the office for the aging shall implement
     4  any rules and regulations and may produce any  documents  or  guidelines
     5  necessary  to  implement  the  program created by this act prior to such
     6  date.
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