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A10951 Summary:

BILL NOA10951
 
SAME ASSAME AS S08633
 
SPONSORLentol (MS)
 
COSPNSRDavila, Jaffee, Skoufis, Bohen
 
MLTSPNSRAbbate, Barron, Carroll, Hikind, Ortiz, Perry, Richardson, Simon, Williams, Wright
 
Add §13.44, Ment Hyg L
 
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.
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A10951 Memo:

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.
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A10951 Text:



 
                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
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