Requires that 85% of proceeds from the sale of any property that was previously used, operated or maintained by the office for people with developmental disabilities shall be used exclusively for state-operated residential services or state-operated community-based services provided by such office.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A10951
SPONSOR: Lentol (MS) TITLE OF BILL:
An act to amend the mental hygiene law, in relation to the use of
proceeds from the sale of property previously used by the office for
people with developmental disabilities
PURPOSE:
To require 85 percent of the proceeds from the sale of any property
used, operated or maintained by OPWDD to be used for state-operated
residential services or state-operated community-based services.
SUMMARY OF PROVISIONS:
Section 1 requires 85 percent of the proceeds from the sale of any prop-
erty used, operated or maintained by OPWDD to be used for state-operated
residential services or state-operated community-based services. Further
stipulates that these funds shall be used to increase the level of funds
that would otherwise be made available and not to supplant the amount
provided by the office.
Section 2 is the effective date.
JUSTIFICATION:
The closure of state operated facilities promotes concerns for all
stakeholders. When property is sold individuals who received services
still must receive the services they need and deserve. This legislation
seeks to ensure that funds that are collected from the sale of property
remain within the state operated system to provide increased services to
these individuals as opposed to being used for already existing
services, or to fill fiscal gaps.
LEGISLATIVE HISTORY:
None.
FISCAL IMPLICATIONS:
Undetermined.
EFFECTIVE DATE:
This act shall take effect immediately and shall apply to the sale of
property on or after April 1, 2018.
STATE OF NEW YORK
________________________________________________________________________
10951
IN ASSEMBLY
May 29, 2018
___________
Introduced by M. of A. LENTOL -- Multi-Sponsored by -- M. of A. ABBATE,
BARRON, HIKIND, PERRY, SIMON, WILLIAMS -- read once and referred to
the Committee on Mental Health
AN ACT to amend the mental hygiene law, in relation to the use of
proceeds from the sale of property previously used by the office for
people with developmental disabilities
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 13.44 to read as follows:
3 § 13.44 Use of property sale proceeds.
4 Notwithstanding any law to the contrary, eighty-five percent of
5 proceeds from the sale of any property that was previously used, oper-
6 ated or maintained by the office shall be used exclusively for state-op-
7 erated residential services or state-operated community-based services
8 provided by the office. Such proceeds shall be used to increase the
9 level of funds that would otherwise be made available for such purposes
10 and shall not supplant the amount to be provided to the office.
11 § 2. This act shall take effect immediately and shall apply to the
12 sale of property on and after April 1, 2018.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD15733-02-8
