Relates to input from municipalities relating to the establishment or incorporation of facilities providing chemical dependence services.
TITLE OF BILL: An act to amend the mental hygiene law, in relation to input from municipalities relating to the establishment or incorporation of facilities providing chemical dependence services
PURPOSE: To provide local governmental units with input from a local community regarding the establishment of a chemical dependence facility.
SUMMARY OF SPECIFIC PROVISIONS: Paragraph 1 of subdivision (b) of 3221 of the Mental Hygiene Law is amended to require a local governmental unit (LGU) to solicit and include input from a city, town, or village regarding the establishment of a chemical dependence facility within such city, town, or village that is outside New York City. Prior to a facility being established within New York City, the community board with jurisdiction over the area where such a facility is to be located will provide input to the LGU.
JUSTIFICATION: This bill would ensure that the local community is afforded the opportunity to provide input regarding the establishment of a chemical dependence facility in their area. It would also help to facilitate discussions between the service provider, the local governmental unit, the Office of Alcoholism and Substance Abuse Services (OASAS), and the local community about what services are required to best meet the needs of its residents.
PRIOR LEGISLATIVE HISTORY: This is a new bill.
FISCAL IMPLICATIONS: Undetermined
EFFECTIVE DATE: This act shall take on the ninetieth day after it shall have become law.
STATE OF NEW YORK ________________________________________________________________________ 6139 IN SENATE (PREFILED) January 8, 2014 ___________Introduced by Sen. SAVINO -- read twice and ordered printed, and when printed to be committed to the Committee on Mental Health and Develop- mental Disabilities AN ACT to amend the mental hygiene law, in relation to input from muni- cipalities relating to the establishment or incorporation of facili- ties providing chemical dependence services THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Paragraph 1 of subdivision (b) of section 32.31 of the mental hygiene law, as amended by chapter 529 of the laws of 2004, is amended to read as follows: 1. An application for approval of the proposed certificate of incorpo- ration or articles of organization shall be filed with the commissioner together with such other forms and information as shall be prescribed by, or acceptable to, him or her. Thereafter, the commissioner shall forward a copy of the proposed certificate or articles
[or]OF organiza- tion and application for establishment and accompanying documents, to the local governmental unit of the area in which such facility is to be located. The commissioner shall not act upon such application until the local governmental unit has had a reasonable time to submit their recom- mendations. THE LOCAL GOVERNMENTAL UNIT SHALL SOLICIT AND INCLUDE IN ITS RECOMMENDATIONS INPUT RECEIVED FROM AN INCORPORATED VILLAGE IF SUCH FACILITY IS TO BE LOCATED THEREIN, A TOWN IF SUCH FACILITY IS TO BE LOCATED THEREIN AND NOT SIMULTANEOUSLY WITHIN AN INCORPORATED VILLAGE OR A CITY IF SUCH FACILITY IS TO BE LOCATED THEREIN EXCEPT THAT IN THE CITY OF NEW YORK, SUCH INPUT SHALL BE PROVIDED BY THE COMMUNITY BOARD WITH JURISDICTION OVER THE AREA WHERE SUCH FACILITY IS TO BE LOCATED. S 2. This act shall take effect on the ninetieth day after it shall have become a law.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD13004-01-3