|SAME AS||No Same As|
|COSPNSR||Lifton, Lupardo, Crespo, Raia|
|Add Art 3 §§310 - 318, Eld L|
|Establishes the New York certified retirement community program within the office for the aging; provides for certification by the director of the office for the aging that a community is advantageous for retirees to live in and that such community encourages retirees to reside therein; provides that upon certification, the office for the aging shall provide assistance to the community.|
|01/09/2017||referred to aging|
|01/03/2018||referred to aging|
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NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A826 SPONSOR: Gunther (MS)
TITLE OF BILL: An act to amend the elder law, in relation to estab- lishing a program to encourage retirees to make their homes in New York state   PURPOSE OR GENERAL IDEA OF BILL: To create elder friendly communities in New York though the "New York certified retirement community act," and the program created under it, the "New York Livable Integrated Elder Friendly Retirement Communities (New York LIFE) program."   SUMMARY OF PROVISIONS: Creates a new Article 3 of the Elder Law. Defines a "Certified retirement community" as a community site (a city, town, or village, or a portion designated by municipality) that meets the requirements of this section and is therefore designated as a certi- fied retirement community by the office for a period of up to five years. The designation is renewable. Also defines an "Assessment instru- ment" as a measurement instrument recommended by the retirement communi- ty advisory committee and approved by the director that will allow a community site to assess whether it has the factors that qualify it as a certified retirement community. These factors include whether the commu- nity characteristics address basic needs, optimize physical and mental health and well-being, maximize independence for the frail and disabled, and promote social and civic engagement, and such other quantitative and qualitative factors as will be attractive to retirees. A list of specif- ic factors is included. Defines "Retiree" as a person aged fifty five or older and who is or is planning to retirement from his or her current employment. The bill also creates the "Retirement Community Advisory Committee" of fifteen persons whose purpose is review completed assessment instruments from community sites and make recommendations to the director, and to make recommendations concerning the conduct and scope of the New York certified retirement community program, and for improving its effective- ness. Members include, ex officio: the secretary of state, the chancel- lor of SUNY, the commissioners of education, health, labor, children and families, and taxation. An additional eight appointees include two on recommendation of the temporary president of the senate, two on recom- mendation of the speaker of the assembly, one on recommendation of the minority leader of the senate, and one on recommendation of the minority leader of the Assembly. All such appointees shall have expertise in the area of retirement and retirement communities.   PURPOSE: To promote the community sites chosen as certified retirement communi- ties as premier retirement destinations for retirees and prospective retirees, and to assist such cities, towns, villages and portions there- of in providing and enhancing amenities that retirees will find attrac- tive and in marketing themselves through such means as joint state-local and private marketing efforts, technical assistance, networking opportu- nities and other supports.   DESIGNATION: Requires the governing body of a city, town or village which is or which contains a community site to submit an application to the director, accompanied by a resolution and the completed assessment instrument. -The advisory committee reviews the application and advises the director as to whether the community site meets each metric of the required criteria on the assessment instrument. -If so, then the director tells the community site sponsors and munici- palities in writing that it may advertise itself as a New York certified retirement community program, eligible for supports, advice, and help pursuant to the New York certified retirement community program. -If not, the director advises the community site sponsors of deficien- cies in its application, and suggests means of addressing them.   LOCAL COMMITTEES: On designation, the community site establishes a retirement community steering committee and not less than four subcommittees: a "community amenities subcommittee," which develops a portfolio of community amen- ities; a "community relations/fundraising subcommittee" to raise funds required to conduct the program, organize special events, and promote and coordinate the program with local entities; a "marketing and promotion subcommittee" which shall develop a marketing plan, and coor- dinate advertising and public relations; and an "ambassadors subcommit- tee" which maintains contact with prospective retirees, responds to inquiries from such prospects, log contacts made, provide tours and invite prospects to special community events.   ASSISTANCE: SOFA can provide ongoing assistance to New York certified retirement community programs, including but not limited to: -(a) training of local staff and volunteers; -(b) oversight and guidance in marketing, and updating on national retirement trends; -(c) promoting the community through inclusion in the state's national advertising and public relations campaigns, travel show promotions and on appropriate state Internet web sites; and (d) financial assistance for brochures, support material and advertis- ing.   REPORT: The director provides an annual report to the Governor and the Legisla- ture on the designation and status of certified retirement communities within the state, and their success in attracting and retaining retirees and in making New York certified retirement communities destination communities. Such report shall include any recommendations by the direc- tor for improving or changing the program.   JUSTIFICATION: Six states that have created programs for Certified Retirement Communi- ties. The purpose of these programs is to encourage economic develop- ment. The prospect of 76 million baby boomers nearing retirement has caught the attention of many states and communities because the economic benefits to the places where they end up retiring are enormous. States not only want to encourage new residents to retire in their communities because of the "mail box" economy (pension checks arriving by mail), but they also want to keep existing residents. Louisiana estimates that the economic impact of a retiree household is the equivalent of 3.7 factory jobs. Texas estimates that each retiree household who moves to the state creates 1.5 jobs. The 6 states that have publicized their certification programs are: -Texas certified retirement community program -Louisiana certified retirement community program -Mississippi certified retirement community program -Kentucky certified community information -West Virginia Designated Retirement Community - Retire Tennessee program As of November 2008 there were about 76 certified retirement communities in the U.S. Mississippi has 21 certified communities, Kentucky has 8, the Texas list has 22 (and constantly adding to it), West Virginia has 5, Louisiana has 11 towns. Tennessee has a slightly different program called "Retire Tennessee" that promotes retirement in 9 selected communities/areas. A typical explanation for what the programs hope to accomplish is this statement from Louisiana: "The Certified Retirement Community is a program that recognizes places in Louisiana that the state substantiates as premier locations for retirees (persons aged 55 and older). Local communities selected for certification receive inclusion in state-level marketing efforts, technical assistance, networking opportunities and grant funding to support the program". The programs typically require that communities attend a training seminar and then complete an exhaus- tive application. To qualify as a Certified Retirement City in Mississippi's program each town must pass through a three month intensive screening process conducted by Hometown Mississippi Retirement, the state's official reti- ree attraction program. Each city is evaluated on criteria important to retirees - affordable cost of living, low taxes, low crime rate, quality medical care, recreation, educational and cultural opportunities, and most importantly - a warm, welcoming community.   PRIOR LEGISLATIVE HISTORY: 2015-2016: A1108 referred to Aging/S599 referred to Aging 2013-2014: A1485 referred to Aging/S441 reported to Finance 2011-2012: A399 referred to Aging/S112 referred to Aging 2009-2010: A7067A referred to Aging/S3147 reported to Finance 2007-2008: A1170/S5254 Vetoed 139   FISCAL IMPLICATIONS: To be determined.   EFFECTIVE DATE: April 1 after signing, provided that the director shall implement any rules and regulations and may produce any documents or guidelines neces- sary to implement the program prior to such date.
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STATE OF NEW YORK ________________________________________________________________________ 826 2017-2018 Regular Sessions IN ASSEMBLY January 9, 2017 ___________ Introduced by M. of A. GUNTHER, LIFTON, LUPARDO, CRESPO, RAIA -- Multi- Sponsored by -- M. of A. RIVERA -- read once and referred to the Committee on Aging AN ACT to amend the elder law, in relation to establishing a program to encourage retirees to make their homes in New York state The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Short title. This act shall be known and may be cited as 2 the "New York certified retirement community act", and the program 3 created hereunder shall be known as the "New York Livable Integrated 4 Elder Friendly Retirement Communities (New York LIFE) program". 5 § 2. The elder law is amended by adding a new article 3 to read as 6 follows: 7 ARTICLE III 8 NEW YORK CERTIFIED RETIREMENT COMMUNITY PROGRAM 9 Section 310. Definitions. 10 311. The New York certified retirement community program; 11 creation. 12 312. Legislative intent. 13 313. Rules and regulations. 14 314. Designation. 15 315. New York certified retirement community program; local 16 committees. 17 316. New York certified retirement community program; assist- 18 ance. 19 317. Report. 20 318. Assistance of other agencies. 21 § 310. Definitions. As used in this article: 22 1. "Certified retirement community" means any community site that 23 meets the requirements of this article and is therefore designated as a 24 certified retirement community by the office. Such designation shall be EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD04042-01-7A. 826 2 1 for a duration of not more than five years, and may be renewed thereaft- 2 er by making application to such director. 3 2. "Community site" means a city, town, or village, or a portion ther- 4 eof designated by such city, town, or village, which applies to be a 5 certified retirement community. 6 3. "Assessment instrument" means an instrument recommended by the 7 retirement community advisory committee and approved by the director 8 that will allow a community site to assess whether it has the factors 9 that qualify it as a certified retirement community. Such assessment 10 instrument shall provide a community site with a means of evaluating 11 criteria important to retirees, including but not limited to such 12 factors as whether the community characteristics address basic needs, 13 optimize physical and mental health and well-being, maximize independ- 14 ence for the frail and disabled, and promote social and civic engage- 15 ment, and such other quantitative and qualitative factors as will be 16 attractive to retirees. Such factors will be made public for those 17 community sites designated as certified retirement communities. Specific 18 factors considered may include: 19 (a) Local taxes and the effect on retirees when combined with state 20 taxes, tax credits, and other tax programs; 21 (b) Housing opportunities and cost, and the continuum of housing 22 opportunities including but not limited to independent and subsidized 23 housing, assisted living and shared housing opportunities and including 24 housing opportunities which accommodate mobility and safety; 25 (c) Climate; 26 (d) Personal safety; 27 (e) Work opportunities; 28 (f) Health care services and other services along the continuum of 29 services including, but not limited to, home and community based 30 services; 31 (g) Transportation, including whether such transportation is accessi- 32 ble and affordable; 33 (h) Continuing education, including credit and non-credit course 34 opportunities and costs; 35 (i) Sports and recreation opportunities, including active and passive 36 opportunities; 37 (j) The performing arts, festivals, and events; 38 (k) The ability of the service system to aid or enable people to live 39 comfortably and safely at home; and 40 (l) Such other factors as shall be determined by the advisory commit- 41 tee and approved by the director, provided that the director, on advice 42 of the advisory committee, may modify the factors listed in this subdi- 43 vision in favor of other measures, criteria, and metrics. 44 4. "Retirement community advisory committee" or "advisory committee" 45 shall mean an advisory committee of fifteen persons whose purpose shall 46 be to review completed assessment instruments from community sites and 47 make recommendations to the director, and to make recommendations 48 concerning the conduct and scope of the New York certified retirement 49 community program, and for improving its effectiveness, to the director. 50 Members of the advisory committee shall include, ex officio, the follow- 51 ing: the secretary of state, the chancellor of the state university of 52 New York, the commissioner of education, the commissioner of health, the 53 commissioner of the department of labor, the commissioner of children 54 and family services, and the commissioner of taxation and finance. The 55 governor shall appoint an additional eight persons to the advisory 56 committee, of whom two shall be on the recommendation of the temporaryA. 826 3 1 president of the senate, two on the recommendation of the speaker of the 2 assembly, one on the recommendation of the minority leader of the 3 senate, and one on the recommendation of the minority leader of the 4 assembly. All such appointees shall have the expertise in the area of 5 retirement and retirement communities. The governor shall designate a 6 chair of the advisory committee from among the members. The director 7 shall attend meetings but shall not be a voting member. All ex officio 8 members may designate an alternate, who shall have the full power to act 9 on behalf of the official. The work of the committee shall begin as soon 10 as a quorum is established by the appointment of a majority of the 11 members to be designated pursuant to this subdivision, and the failure 12 of any individual or institution to make recommendations to the governor 13 for appointment to the committee shall not be a sufficient reason to 14 delay the work of the committee. 15 5. "Retiree" means a person who is aged fifty-five or older and who is 16 retiring or is planning to retire from his or her current employment. 17 § 311. The New York certified retirement community program; creation. 18 The New York certified retirement community program is hereby created 19 within the office, where it shall be known and may be referred to as the 20 New York Livable Integrated Elder Friendly Retirement Communities (New 21 York LIFE) program. Its purpose shall be to promote the community sites 22 chosen as certified retirement communities as premier retirement desti- 23 nations for retirees and prospective retirees, and to assist such 24 cities, towns, villages and portions thereof in providing and enhancing 25 amenities that retirees will find attractive and in marketing themselves 26 through such means as joint state-local and private marketing efforts, 27 technical assistance, networking opportunities and other supports. 28 § 312. Legislative intent. The legislature hereby finds and declares 29 that the New York certified retirement community program created pursu- 30 ant to this article in every respect serves an appropriate public 31 purpose of the state and all of its citizens by providing enhanced 32 opportunities for quality of life for seniors and retirees, expansion of 33 community and economic development opportunities, and as a means of 34 enriching the many diverse communities of this state. 35 § 313. Rules and regulations. The director shall adopt rules and regu- 36 lations establishing the manner by which a community site may be 37 initially designated and subsequently retain or renew its status as a 38 certified retirement community. In adopting such rules and regulations, 39 the director shall consult with the advisory committee. 40 § 314. Designation. 1. In order to be designated as a certified 41 retirement program pursuant to this section, the governing body of a 42 city, town or village which is or which contains a community site shall 43 submit an application to the director upon a form established by the 44 director and accompanied by a resolution of such body stating its desire 45 for the community site to be designated as a certified retirement commu- 46 nity, along with the completed assessment instrument and at the option 47 of such governing body or if required by the director, any additional 48 supporting data that shall further explicate the ability of the communi- 49 ty to meet the purposes and goals of the program. In the case of a 50 community site which is located within a village and a town, only the 51 village need submit the application and provide the resolution, and in 52 the case of a community site located in more than one adjacent munici- 53 pality, all such adjacent villages or towns shall submit the application 54 and resolutions. 55 2. The advisory committee shall review the application and all 56 supporting materials and shall advise the director as to whether theA. 826 4 1 community site meets the requirements of becoming a New York certified 2 retirement community program by meeting or exceeding each metric of the 3 required criteria on the assessment instrument. 4 3. If the advisory committee advises the director that the community 5 site meets the requirements, then the director shall tell the community 6 site sponsors and municipalities in writing that it may advertise itself 7 as a New York certified retirement community program, and will be eligi- 8 ble for support, advice, and help pursuant to the New York certified 9 retirement community program. 10 4. If the advisory committee advices the director that the community 11 site does not meet the requirements of this article, then the director 12 shall notify the community site sponsors and municipalities in writing 13 of the deficiencies in its application. The director shall describe the 14 deficiencies and suggest a means of addressing them. 15 § 315. New York certified retirement community program; local commit- 16 tees. Upon designation as a certified retirement community, the commu- 17 nity site shall establish a retirement community steering committee and 18 not less than four subcommittees as follows: 19 1. A "community amenities subcommittee" which shall develop a portfo- 20 lio containing an unbiased inventory of community amenities as shall 21 further be defined by the director; 22 2. A "community relations/fundraising subcommittee" which shall raise 23 funds required to conduct the program, organize special events, and 24 promote and coordinate the program with local entities; 25 3. A "marketing and promotion subcommittee" which shall develop a 26 marketing plan, and coordinate advertising and public relations; and 27 4. An "ambassadors subcommittee" which shall contact with prospective 28 retirees, respond to inquiries from such prospects, log contacts made, 29 provide tours and invite prospects to special community events. 30 § 316. New York certified retirement community program; assistance. 1. 31 The director shall, within funds appropriated to the New York certified 32 retirement community program, provide ongoing assistance to New York 33 certified retirement community programs, including but not limited to: 34 (a) training of local staff and volunteers; 35 (b) oversight and guidance in marketing, and updating on national 36 retirement trends; 37 (c) promoting the community through inclusion in the state's national 38 advertising and public relations campaigns, travel show promotions and 39 on appropriate state internet websites; and 40 (d) financial assistance for brochures, support material and advertis- 41 ing. 42 2. As appropriate, the director shall seek the help of the advisory 43 committee, or members thereof, in helping to promote and market New York 44 certified retirement community programs. Each individual member of the 45 committee is hereby authorized to provide any such assistance requested. 46 § 317. Report. The director shall provide an annual report to the 47 governor and the legislature on the designation and status of certified 48 retirement communities within the state, and their success in attracting 49 and retaining retirees and in creating New York certified retirement 50 communities destination communities. Such report shall include any 51 recommendations by the director for improving or changing the program. 52 § 318. Assistance of other agencies. The director may seek and shall 53 be entitled to receive from other state agencies such assistance as may 54 be required to perform such director's duties pursuant to this article. 55 § 3. This act shall take effect on the first of April of the calendar 56 year next succeeding the year in which it shall have become a law,A. 826 5 1 provided that the director of the office for the aging shall implement 2 any rules and regulations and may produce any documents or guidelines 3 necessary to implement the program created by this act prior to such 4 date.