- Summary
- Actions
- Committee Votes
- Floor Votes
- Memo
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- Chamber Video/Transcript
S01765 Summary:
BILL NO | S01765A |
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SAME AS | SAME AS A00117-C |
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SPONSOR | MANNION |
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COSPNSR | AKSHAR, BIAGGI, BROUK, GAUGHRAN, HELMING, HINCHEY, JORDAN, MARTUCCI, O'MARA, REICHLIN-MELNICK, SERINO, SKOUFIS, STEC |
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MLTSPNSR | |
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Amd §7.17, add §13.18, Ment Hyg L; amd §501, Exec L | |
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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. |
S01765 Actions:
BILL NO | S01765A | |||||||||||||||||||||||||||||||||||||||||||||||||
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01/15/2021 | REFERRED TO DISABILITIES | |||||||||||||||||||||||||||||||||||||||||||||||||
02/01/2021 | 1ST REPORT CAL.196 | |||||||||||||||||||||||||||||||||||||||||||||||||
02/02/2021 | 2ND REPORT CAL. | |||||||||||||||||||||||||||||||||||||||||||||||||
02/03/2021 | ADVANCED TO THIRD READING | |||||||||||||||||||||||||||||||||||||||||||||||||
03/02/2021 | PASSED SENATE | |||||||||||||||||||||||||||||||||||||||||||||||||
03/02/2021 | DELIVERED TO ASSEMBLY | |||||||||||||||||||||||||||||||||||||||||||||||||
03/02/2021 | referred to mental health | |||||||||||||||||||||||||||||||||||||||||||||||||
05/25/2021 | RECALLED FROM ASSEMBLY | |||||||||||||||||||||||||||||||||||||||||||||||||
05/25/2021 | returned to senate | |||||||||||||||||||||||||||||||||||||||||||||||||
05/25/2021 | VOTE RECONSIDERED - RESTORED TO THIRD READING | |||||||||||||||||||||||||||||||||||||||||||||||||
05/25/2021 | AMENDED ON THIRD READING (T) 1765A | |||||||||||||||||||||||||||||||||||||||||||||||||
06/01/2021 | REPASSED SENATE | |||||||||||||||||||||||||||||||||||||||||||||||||
06/01/2021 | RETURNED TO ASSEMBLY | |||||||||||||||||||||||||||||||||||||||||||||||||
06/01/2021 | referred to mental health | |||||||||||||||||||||||||||||||||||||||||||||||||
06/10/2021 | substituted for a117c | |||||||||||||||||||||||||||||||||||||||||||||||||
06/10/2021 | ordered to third reading rules cal.748 | |||||||||||||||||||||||||||||||||||||||||||||||||
06/10/2021 | passed assembly | |||||||||||||||||||||||||||||||||||||||||||||||||
06/10/2021 | returned to senate | |||||||||||||||||||||||||||||||||||||||||||||||||
11/29/2021 | DELIVERED TO GOVERNOR | |||||||||||||||||||||||||||||||||||||||||||||||||
12/10/2021 | VETOED MEMO.60 |
S01765 Committee Votes:
Go to topS01765 Floor Votes:
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
S01765 Text:
Go to top 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. LBD02802-11-1S. 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 for14enjoining 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; andS. 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; andS. 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.