STATE OF NEW YORK
________________________________________________________________________
9902
IN SENATE
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:
1 Section 1. Short title. This act shall be known and may be cited as
2 the "Island Shores law".
3 § 2. Subdivision 2 of section 4653-a of the public health law is
4 amended by adding a new paragraph (e) to read as follows:
5 (e) (i) No former operator of an assisted living residence shall be
6 granted authority or approval to establish and/or operate a facility
7 intending to house asylum seekers after such operator has notified the
8 appropriate regional office of the department that the operator intends
9 to close and/or decertify the assisted living residence.
10 (ii) For the purposes of this paragraph, "asylum seeker" shall mean an
11 individual who changes their country of usual residence to seek tempo-
12 rary or permanent residence in another country, and who has applied for
13 asylum under 8 U.S. Code § 1158 or is eligible to apply; or who is a
14 refugee as defined by section 101(a)(42) of the Immigration and Nation-
15 ality Act (INA).
16 § 3. Section 43 of the social services law is amended by adding a new
17 subdivision 12 to read as follows:
18 12. (a) The commissioner shall not enter into any contract for the
19 establishment and/or operation of a facility intending to house asylum
20 seekers with a former operator of an assisted living residence after
21 such operator has notified the appropriate regional office of the
22 department of health that such operator intends to close and/or decerti-
23 fy the assisted living residence pursuant to section four thousand six
24 hundred fifty-three-a of the public health law.
25 (b) For the purposes of this subdivision, "asylum seeker" shall mean
26 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.
LBD16083-02-4
S. 9902 2
1 temporary or permanent residence in another country, and who has applied
2 for asylum under 8 U.S. Code § 1158 or is eligible to apply; or who is a
3 refugee as defined by section 101(a)(42) of the Immigration and Nation-
4 ality Act (INA).
5 § 4. This act shall take effect immediately.
