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S01765 Summary:

BILL NOS01765A
 
SAME ASSAME AS A00117-C
 
SPONSORMANNION
 
COSPNSRAKSHAR, BIAGGI, BROUK, GAUGHRAN, HELMING, HINCHEY, JORDAN, MARTUCCI, O'MARA, REICHLIN-MELNICK, SERINO, SKOUFIS, STEC
 
MLTSPNSR
 
Amd §7.17, add §13.18, Ment Hyg L; amd §501, Exec L
 
Relates to the closure of certain office of mental health, office for people with developmental disabilities or office of children and family services facilities and institutions.
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S01765 Actions:

BILL NOS01765A
 
01/15/2021REFERRED TO DISABILITIES
02/01/20211ST REPORT CAL.196
02/02/20212ND REPORT CAL.
02/03/2021ADVANCED TO THIRD READING
03/02/2021PASSED SENATE
03/02/2021DELIVERED TO ASSEMBLY
03/02/2021referred to mental health
05/25/2021RECALLED FROM ASSEMBLY
05/25/2021returned to senate
05/25/2021VOTE RECONSIDERED - RESTORED TO THIRD READING
05/25/2021AMENDED ON THIRD READING (T) 1765A
06/01/2021REPASSED SENATE
06/01/2021RETURNED TO ASSEMBLY
06/01/2021referred to mental health
06/10/2021substituted for a117c
06/10/2021ordered to third reading rules cal.748
06/10/2021passed assembly
06/10/2021returned to senate
11/29/2021DELIVERED TO GOVERNOR
12/10/2021VETOED MEMO.60
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S01765 Committee Votes:

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S01765 Floor Votes:

DATE:06/11/2021Assembly Vote  YEA/NAY: 149/0
Yes
Abbate
Yes
Clark
Yes
Frontus
Yes
Lalor
Yes
Paulin
Yes
Sillitti
Yes
Abinanti
Yes
Colton
Yes
Galef
Yes
Lavine
Yes
Peoples-Stokes
Yes
Simon
Yes
Anderson
Yes
Conrad
Yes
Gallagher
Yes
Lawler
Yes
Perry
Yes
Simpson
Yes
Angelino
Yes
Cook
Yes
Gallahan
Yes
Lemondes
Yes
Pheffer Amato
Yes
Smith
Yes
Ashby
Yes
Cruz
Yes
Gandolfo
Yes
Lunsford
Yes
Pichardo
Yes
Smullen
Yes
Aubry
Yes
Cusick
Yes
Giglio JA
Yes
Lupardo
Yes
Pretlow
Yes
Solages
Yes
Barclay
Yes
Cymbrowitz
Yes
Giglio JM
Yes
Magnarelli
Yes
Quart
Yes
Steck
Yes
Barnwell
Yes
Darling
Yes
Glick
Yes
Mamdani
Yes
Ra
Yes
Stern
Yes
Barrett
Yes
Davila
Yes
Gonzalez-Rojas
Yes
Manktelow
Yes
Rajkumar
Yes
Stirpe
Yes
Barron
Yes
De La Rosa
Yes
Goodell
Yes
McDonald
Yes
Ramos
Yes
Tague
Yes
Benedetto
Yes
DeStefano
Yes
Gottfried
Yes
McDonough
Yes
Reilly
Yes
Tannousis
Yes
Bichotte Hermel
Yes
Dickens
Yes
Griffin
Yes
McMahon
Yes
Reyes
Yes
Taylor
Yes
Blankenbush
Yes
Dilan
Yes
Gunther
Yes
Meeks
Yes
Richardson
Yes
Thiele
Yes
Brabenec
Yes
Dinowitz
Yes
Hawley
Yes
Mikulin
Yes
Rivera J
Yes
Vanel
Yes
Braunstein
Yes
DiPietro
Yes
Hevesi
Yes
Miller B
Yes
Rivera JD
Yes
Walczyk
Yes
Bronson
Yes
Durso
Yes
Hunter
Yes
Miller M
Yes
Rodriguez
Yes
Walker
Yes
Brown
Yes
Eichenstein
Yes
Hyndman
Yes
Mitaynes
Yes
Rosenthal D
Yes
Wallace
Yes
Burdick
Yes
Englebright
Yes
Jackson
Yes
Montesano
Yes
Rosenthal L
Yes
Walsh
Yes
Burgos
Yes
Epstein
Yes
Jacobson
Yes
Morinello
Yes
Rozic
Yes
Weinstein
Yes
Burke
Yes
Fahy
Yes
Jean-Pierre
Yes
Niou
Yes
Salka
Yes
Weprin
Yes
Buttenschon
Yes
Fall
Yes
Jensen
ER
Nolan
Yes
Santabarbara
Yes
Williams
Yes
Byrne
Yes
Fernandez
Yes
Jones
Yes
Norris
Yes
Sayegh
Yes
Woerner
Yes
Byrnes
Yes
Fitzpatrick
Yes
Joyner
Yes
O'Donnell
Yes
Schmitt
Yes
Zebrowski
Yes
Cahill
Yes
Forrest
Yes
Kelles
Yes
Otis
Yes
Seawright
Yes
Zinerman
Yes
Carroll
Yes
Friend
Yes
Kim
Yes
Palmesano
Yes
Septimo
Yes
Mr. Speaker

‡ Indicates voting via videoconference
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S01765 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         1765--A
            Cal. No. 196
 
                               2021-2022 Regular Sessions
 
                    IN SENATE
 
                                    January 15, 2021
                                       ___________
 
        Introduced  by Sens. MANNION, AKSHAR, BIAGGI, BROUK, GALLIVAN, GAUGHRAN,
          HELMING, HINCHEY, JORDAN, MARTUCCI, REICHLIN-MELNICK, SERINO,  SKOUFIS
          -- read twice and ordered printed, and when printed to be committed to
          the  Committee on Disabilities -- reported favorably from said commit-
          tee, ordered to first and second report, ordered to a  third  reading,
          passed  by Senate and delivered to the Assembly, recalled, vote recon-
          sidered, restored to third reading,  amended  and  ordered  reprinted,
          retaining its place in the order of third reading
 
        AN  ACT  to  amend  the  mental  hygiene  law  and the executive law, in
          relation to the closure or suspension of services of certain office of
          mental health, office for people with  developmental  disabilities  or
          office of children and family services facilities and institutions
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. The mental hygiene law is amended by adding a  new  section
     2  13.18 to read as follows:
     3  § 13.18 Closure or suspension of services of facilities.
     4    The  commissioner  shall submit a written report to the legislature at
     5  least three hundred sixty-five days prior to  the  date  the  office  is
     6  seeking  closure  or  suspension of services of any facility or institu-
     7  tion. Such report shall include, but not be limited to:  (1)  justifica-
     8  tion for the proposed closure or suspension of services; (2) information
     9  on  the  fiscal  year  budgeted  staffing levels; (3) information on the
    10  current staffing levels by  position  or  title;  (4)  information  both
    11  statewide  and  on  a  regional  basis regarding: (a) how many full time
    12  equivalent positions have been budgeted for;  (b)  how  many  full  time
    13  equivalent positions have been filled; (c) how many full time equivalent
    14  vacancies  exist;  and  (d)  waiting  lists  for individuals eligible to
    15  receive care in a residential setting; and (5) steps taken by the agency
    16  to recruit staff for new and vacant positions.   Such  report  shall  be
    17  submitted  to the speaker of the assembly and the temporary president of
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02802-11-1

        S. 1765--A                          2
 
     1  the senate and shall be published on the office's website on a quarterly
     2  basis. The legislature may require any additional  information  or  data
     3  that it deems necessary in such report.
     4    §  2.  Subdivision  (e)  of section 7.17 of the mental hygiene law, as
     5  amended by chapter 723 of the laws of 1993, paragraph 1  as  amended  by
     6  chapter 170 of the laws of 1994, paragraph 3 as amended by chapter 83 of
     7  the laws of 1995, is amended to read as follows:
     8    (e)  In  the  event  that  the  plan for state and local mental health
     9  services, developed in accordance with subdivision (b) of this  section,
    10  determines  that  significant  service  reductions are anticipated for a
    11  particular state-operated hospital or its catchment area, or a state-op-
    12  erated research institute, the commissioner  shall  take  the  following
    13  actions[,  provided nothing in this subdivision shall create a basis for
    14  enjoining any otherwise lawful service reductions]:
    15    1.  submit a written report to the legislature at least three  hundred
    16  sixty-five  days  prior  to  the  date  the office is seeking closure or
    17  suspension of services of any facility or institution. Such report shall
    18  include, but not be limited  to:  (1)  justification  for  the  proposed
    19  closure  or  suspension  of services; (2) information on the fiscal year
    20  budgeted staffing levels; (3) information on the current staffing levels
    21  by position or title; (4) information both statewide and on  a  regional
    22  basis  regarding:  (a) how many full time equivalent positions have been
    23  budgeted for; (b) how many full  time  equivalent  positions  have  been
    24  filled; (c) how many full time equivalent vacancies exist; and (d) wait-
    25  ing  lists  for  individuals  eligible  to receive care in a residential
    26  setting; and (5) steps taken by the agency to recruit staff for new  and
    27  vacant  positions.  Such report shall be submitted to the speaker of the
    28  assembly and  the  temporary  president  of  the  senate  and  shall  be
    29  published  on  the office's website  on a quarterly basis.  The legisla-
    30  ture may require any additional information or data that it deems neces-
    31  sary in such report.
    32    2. confer with the department of civil service, the governor's  office
    33  of  employee  relations and any other state agency to develop strategies
    34  which attempt to minimize the impact on the state workforce by providing
    35  assistance in obtaining state employment  in  state-operated  community-
    36  based services or other employment opportunities, and to develop strate-
    37  gies  for  the  development  of  necessary  retraining  and redeployment
    38  programs. In planning such strategies, the  commissioner  shall  provide
    39  for  the  participation  of  the  representatives  of the employee labor
    40  organizations and for the participation of managerial  and  confidential
    41  employees to ensure continuity of employment;
    42    [2.]  3.  consult  with the department of economic development and any
    43  other appropriate state agencies to develop strategies which attempt  to
    44  minimize  the impact of such significant service reductions on the local
    45  and regional economies;
    46    [3.] 4. provide for a mechanism which may reasonably  be  expected  to
    47  provide  notice  to local governments, community organizations, employee
    48  labor organizations, managerial and confidential employees, consumer and
    49  advocacy groups of the potential for significant service  reductions  at
    50  such  state-operated hospitals and state-operated research institutes at
    51  least  twelve  months  prior  to  commencing  such  service   reduction,
    52  provided,  however, that this requirement shall be deemed satisfied with
    53  respect to reductions  at  Central  Islip  Psychiatric  Center,  Gowanda
    54  Psychiatric Center, Harlem Valley Psychiatric Center, Kings Park Psychi-
    55  atric  Center,  Willard  Psychiatric  Center  and  Manhattan  Children's
    56  Psychiatric Center; and

        S. 1765--A                          3
 
     1    [4.] 5. consult with the office of  general  services  and  any  other
     2  appropriate  state  agency  in  developing  a  mechanism for determining
     3  alternative uses for land and buildings to be vacated by the  office  of
     4  mental  health.    Such  a  mechanism  should  include a review of other
     5  programs  or  state agencies that could feasibly expand their operations
     6  onto a state-operated hospital campus and are  compatible  with  health,
     7  safety and programmatic needs of patients served in such facilities.
     8    § 3. Subdivision 15 of section 501 of the executive law, as amended by
     9  section  1  of  part  H of chapter 58 of the laws of 2006, is amended to
    10  read as follows:
    11    15. In the event that the  office  of  children  and  family  services
    12  determines that significant service reductions, public employee staffing
    13  reductions  and/or  the  transfer of operations to a private or not-for-
    14  profit entity are anticipated in  the  office  of  children  and  family
    15  services  long  term  planning process or for a particular facility in a
    16  future year, to take the following actions:
    17    (a) submit a written report to the legislature at least three  hundred
    18  sixty-five  days  prior  to  the  date the office of children and family
    19  services is seeking closure or suspension of services of any  secure  or
    20  limited  secure  facility. Such report shall include, but not be limited
    21  to:  (1)  justification  for  the  proposed  closure  or  suspension  of
    22  services;  (2)  information on the fiscal year budgeted staffing levels;
    23  (3) information on the current staffing levels by position or title; (4)
    24  information both statewide and on a regional basis  regarding:  (a)  how
    25  many full time equivalent positions have been budgeted for; (b) how many
    26  full  time equivalent positions have been filled; (c) how many full time
    27  equivalent vacancies exist; and (d) waiting lists for individuals eligi-
    28  ble to receive care in a residential setting; and (5) steps taken by the
    29  agency to recruit staff for new and vacant positions.  Such report shall
    30  be submitted to the speaker of the assembly and the temporary  president
    31  of  the senate and shall be published on the office's website on a quar-
    32  terly basis. The legislature may require any additional  information  or
    33  data that it deems necessary in such report.
    34    (b) confer with the department of civil service, the governor's office
    35  of  employee  relations and any other state agency to develop strategies
    36  which attempt to minimize the impact on the state workforce by providing
    37  assistance in obtaining state employment  in  state-operated  community-
    38  based services or other employment opportunities, and to develop strate-
    39  gies  for  the  development  of  necessary  retraining  and redeployment
    40  programs. In planning such strategies, the commissioner of the office of
    41  children and family services shall provide for the participation of  the
    42  representatives  of the employee labor organizations and for the partic-
    43  ipation of managerial and confidential employees to ensure continuity of
    44  employment;
    45    [(b)] (c) consult with the department of economic development and  any
    46  other  appropriate state agencies to develop strategies which attempt to
    47  minimize the impact  of  such  significant  service  reductions,  public
    48  employee  staffing  reductions  and/or  the  transfer of operations to a
    49  private or not-for-profit entity on the local and regional economies;
    50    [(c)] (d) provide for a mechanism which may reasonably be expected  to
    51  provide  notice  to local governments, community organizations, employee
    52  labor organizations, managerial and confidential employees, consumer and
    53  advocacy groups of the potential  for  significant  service  reductions,
    54  public employee staffing reductions and/or the transfer of operations to
    55  a private or not-for-profit entity at such state-operated facilities, at
    56  least twelve months prior to commencing such service reduction; and

        S. 1765--A                          4
 
     1    [(d)]  (e)  consult  with the office of general services and any other
     2  appropriate state agency  in  developing  a  mechanism  for  determining
     3  alternative  uses  for land and buildings to be vacated by the office of
     4  children and family services. Such a mechanism should include  a  review
     5  of  other  programs  or  state agencies that could feasibly expand their
     6  operations onto a state-operated campus and are compatible with  health,
     7  safety and programmatic needs of persons served in such facilities.
     8    § 4. Severability. If any clause, sentence, paragraph, section or part
     9  of  this act shall be adjudged by any court of competent jurisdiction to
    10  be invalid, such judgment shall not affect,  impair  or  invalidate  the
    11  remainder thereof, but shall be confined in its operation to the clause,
    12  sentence,  paragraph,  section  or part thereof directly involved in the
    13  controversy in which such judgment shall have been rendered.
    14    § 5. This act shall take effect on the thirtieth day  after  it  shall
    15  have become a law. Effective immediately, the addition, amendment and/or
    16  repeal  of  any  rule  or regulation necessary for the implementation of
    17  this act on its effective date are authorized to be made  and  completed
    18  on or before such effective date.
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