Provides that the provisions creating the abuse prevention notification system shall take effect on the one hundred eightieth day and providing that the commissioner of the office for people with developmental disabilities shall take steps to ensure creation of such system and promulgation of necessary rules and regulations.
TITLE OF BILL: An act to amend a chapter of the laws of 2011, amending the mental hygiene law relating to creating an abuse prevention notification system, as proposed in legislative bills numbers S.5796 and A.8330, in relation to the effectiveness thereof
PURPOSE OR GENERAL IDEA OF BILL: To make a correction on the effective date.
SUMMARY OF SPECIFIC PROVISIONS: Section 1 changes the effective date of A.8330 and S.5796 from the first of January next succeeding the date on which the act has become law to one hundred eightieth day after the bill has become law, provided, however, that the commissioner shall immediately take necessary actions to ensure that the abuse prevention notification system of the chapter law shall become operational on the one hundredth and eightieth day.
EFFECTS OF PRESENT LAW WHICH THIS BILL WOULD ALTER: Amends a chapter of the laws of 2012.
JUSTIFICATION: This chapter amendment is necessary to ensure that the Office of People with Developmental Disabilities ("OPWDD") has adequate time to create the abuse prevention notification system required by A.8330 and S.5796. Once this bill is enacted, OPWDD will have one hundred and eighty days to create a system where OPWDD providers will be able to obtain the prior abuse history of perspective employees or volunteers. After this law is enacted, OPWDD will immediately take necessary actions to ensure that the system is operational in one hundred and eighty days, including creating technical and operational support for the system and promulgating necessary rules and regulations.
PRIOR LEGISLATIVE HISTORY: New legislation.
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: Undetermined.
EFFECTIVE DATE: Effective immediately.
STATE OF NEW YORK ________________________________________________________________________ 6107--A IN SENATE (PREFILED) January 4, 2012 ___________Introduced by Sen. McDONALD -- read twice and ordered printed, and when printed to be committed to the Committee on Mental Health and Develop- mental Disabilities -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend a chapter of the laws of 2011, amending the mental hygiene law relating to creating an abuse prevention notification system, as proposed in legislative bills numbers S. 5796 and A. 8330, in relation to the effectiveness thereof THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 4 of a chapter of the laws of 2011, amending the mental hygiene law relating to creating an abuse prevention notification system, as proposed in legislative bills numbers S. 5796 and A. 8330, is amended to read as follows: S 4. This act shall take effect on the
[first of January next succeed- ing the date on which it shall have become a law; provided, however, that effective immediately the commissioner of developmental disabili- ties and the commissioner of mental health may adopt, amend, suspend or repeal rules or regulations and take other actions prior to and in prep- aration for the timely implementation of this act on its effective date]ONE HUNDRED EIGHTIETH DAY AFTER IT SHALL HAVE BECOME A LAW; PROVIDED, HOWEVER, THAT THE COMMISSIONER OF THE OFFICE FOR PEOPLE WITH DEVELOP- MENTAL DISABILITIES SHALL IMMEDIATELY TAKE NECESSARY ACTIONS TO ENSURE THAT THE ABUSE PREVENTION NOTIFICATION SYSTEM CREATED BY SECTION ONE OF THIS ACT SHALL BECOME OPERATIONAL ON SUCH EFFECTIVE DATE. SUCH ACTIONS SHALL INCLUDE, BUT NOT BE LIMITED TO, PLANNING AND CREATION OF AN ABUSE PREVENTION NOTIFICATION SYSTEM, INCLUDING APPROPRIATE TECHNICAL AND OPERATIONAL SUPPORT, AND PROMULGATION OF ANY NECESSARY RULES AND REGU- LATIONS. S 2. This act shall take effect immediately.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD13903-02-2