•  Summary 
  •  
  •  Actions 
  •  
  •  Committee Votes 
  •  
  •  Floor Votes 
  •  
  •  Memo 
  •  
  •  Text 
  •  
  •  LFIN 
  •  
  •  Chamber Video/Transcript 

A00826 Summary:

BILL NOA00826
 
SAME ASNo Same As
 
SPONSORGunther
 
COSPNSRLifton, Lupardo, Crespo, Raia
 
MLTSPNSRRivera
 
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.
Go to top    

A00826 Actions:

BILL NOA00826
 
01/09/2017referred to aging
01/03/2018referred to aging
Go to top

A00826 Memo:

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.
Go to top

A00826 Text:



 
                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.
                                                                   LBD04042-01-7

        A. 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 temporary

        A. 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 the

        A. 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.
Go to top