S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         7933
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                     June 1, 2015
                                      ___________
       Introduced by M. of A. THIELE, MURRAY, PALUMBO -- read once and referred
         to the Committee on Alcoholism and Drug Abuse
       AN ACT to amend the mental hygiene law, in relation to the creation of a
         sober living task force
         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  19.04 to read as follows:
    3  S 19.04 SOBER LIVING TASK FORCE.
    4    1. DEFINITIONS. AS USED IN THIS SECTION:
    5    "SOBER  LIVING RESIDENCE" SHALL MEAN ANY RESIDENCE LOCATED IN NEW YORK
    6  STATE WHERE THE OWNER OR OPERATOR OF SUCH RESIDENCE HOLDS THE  RESIDENCE
    7  OUT  TO  THE  PUBLIC  AS AN ALCOHOL AND DRUG FREE LIVING ENVIRONMENT FOR
    8  PERSONS RECOVERING FROM A CHEMICAL DEPENDENCY, WHERE NO FORMAL TREATMENT
    9  SERVICES ARE PROVIDED ON-SITE.
   10    2. THE SOBER LIVING TASK FORCE IS HEREBY CREATED,  WHICH  PURSUANT  TO
   11  THE PROVISIONS OF THIS SECTION, SHALL ESTABLISH BEST PRACTICE GUIDELINES
   12  FOR  SOBER  LIVING  RESIDENCES  THAT ILLUSTRATE THE MOST APPROPRIATE AND
   13  EFFECTIVE ENVIRONMENT FOR PERSONS RECOVERING FROM A CHEMICAL DEPENDENCY.
   14    3. THE TASK FORCE SHALL STUDY AND UTILIZE RELIABLE EVIDENCE AND INFOR-
   15  MATION COLLECTED FROM ORGANIZATIONS AND PROGRAMS BOTH IN NEW YORK  STATE
   16  AND THROUGHOUT THE COUNTRY TO:
   17    (A) DOCUMENT THE NUMBER OF SOBER HOMES OPERATING IN THE STATE;
   18    (B)  ISSUE  RECOMMENDATIONS AND GUIDELINES ESTABLISHING BEST PRACTICES
   19  FOR SOBER LIVING RESIDENCES IN ORDER TO PROVIDE AN ALCOHOL AND DRUG FREE
   20  SOBER LIVING ENVIRONMENT, WITH A FOCUS ON  LEAST  RESTRICTIVE  MEANS  OF
   21  BENEFITING THE PERSON IN RECOVERY;
   22    (C)  STUDY  AND  ISSUE  FINDINGS  REGARDING HEALTH AND SAFETY CONCERNS
   23  RELATED TO THE OCCUPANCY AND OPERATION OF SOBER  LIVING  RESIDENCES  FOR
   24  THE PERSON IN RECOVERY;
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD09334-04-5
       A. 7933                             2
    1    (D)  STUDY  AND  ISSUE FINDINGS REGARDING THE IMPACTS OF OCCUPANCY AND
    2  OPERATION OF SOBER LIVING RESIDENCES ON  NEIGHBORHOODS  AND  SURROUNDING
    3  AREAS;
    4    (E) ISSUE RECOMMENDATIONS ON THE FEASIBILITY OF LICENSING, REGULATING,
    5  REGISTERING OR CERTIFYING SOBER LIVING RESIDENCES IN NEW YORK STATE; AND
    6    (F)  ISSUE  RECOMMENDATIONS FOR ANY OTHER PROGRAM OR POLICY INITIATIVE
    7  THAT THE TASK FORCE DEEMS RELEVANT.
    8    4. (A) THE MEMBERS OF THE TASK FORCE SHALL INCLUDE THE COMMISSIONER OR
    9  HIS OR HER DESIGNEE; THE COMMISSIONER OF THE OFFICE OF MENTAL HEALTH  OR
   10  HIS  OR  HER  DESIGNEE;  THE COMMISSIONER OF THE OFFICE OF TEMPORARY AND
   11  DISABILITY ASSISTANCE OR HIS OR HER DESIGNEE; THE  COMMISSIONER  OF  THE
   12  OFFICE  OF  HOMES  AND  COMMUNITY  RENEWAL  OR  HIS OR HER DESIGNEE; TWO
   13  MEMBERS APPOINTED BY THE TEMPORARY PRESIDENT OF THE SENATE; TWO  MEMBERS
   14  APPOINTED  BY  THE SPEAKER OF THE ASSEMBLY; AND TWO MEMBERS APPOINTED BY
   15  THE GOVERNOR. THE COMMISSIONER SHALL BE DESIGNATED  THE  CHAIRPERSON  OF
   16  SUCH TASK FORCE AND SHALL SELECT A VICE-CHAIRPERSON AND A SECRETARY FROM
   17  THE DESIGNEES APPOINTED BY THE LEGISLATURE OR THE GOVERNOR;
   18    (B)  THE  MEMBERS  OF THE TASK FORCE SHALL RECEIVE NO COMPENSATION FOR
   19  THEIR SERVICES BUT SHALL BE REIMBURSED FOR EXPENSES ACTUALLY AND  NECES-
   20  SARILY INCURRED IN THE PERFORMANCE OF THEIR DUTIES;
   21    (C)  NO  CIVIL ACTION SHALL BE BROUGHT IN ANY COURT AGAINST ANY MEMBER
   22  OF THE SOBER LIVING TASK FORCE FOR ANY ACT OR OMISSION NECESSARY TO  THE
   23  DISCHARGE  OF HIS OR HER DUTIES AS A MEMBER OF THE TASK FORCE, EXCEPT AS
   24  PROVIDED HEREIN. SUCH MEMBER MAY BE  LIABLE  FOR  DAMAGES  IN  ANY  SUCH
   25  ACTION  IF HE OR SHE FAILED TO ACT IN GOOD FAITH AND EXERCISE REASONABLE
   26  CARE. ANY INFORMATION OBTAINED BY A  MEMBER  OF  THE  TASK  FORCE  WHILE
   27  CARRYING  OUT  HIS  OR  HER DUTIES AS PRESCRIBED IN SUBDIVISION THREE OF
   28  THIS SECTION SHALL ONLY BE UTILIZED IN THEIR CAPACITY AS A MEMBER OF THE
   29  TASK FORCE.
   30    5. NO LATER THAN ONE YEAR AFTER THE EFFECTIVE DATE  OF  THIS  SECTION,
   31  THE  TASK  FORCE  SHALL  PROVIDE  A REPORT CONTAINING THE RESULTS OF THE
   32  STUDY, INCLUDING EVIDENCE USED AS A BASIS IN MAKING SUCH REPORT, AND ITS
   33  RECOMMENDATIONS, IF ANY, TOGETHER WITH DRAFTS OF  LEGISLATION  NECESSARY
   34  TO  CARRY  OUT ITS RECOMMENDATIONS BY FILING SAID REPORT, DOCUMENTATION,
   35  AND DRAFT LEGISLATION, WITH THE GOVERNOR, THE TEMPORARY PRESIDENT OF THE
   36  SENATE, THE MINORITY LEADER OF THE SENATE, THE SPEAKER OF THE  ASSEMBLY,
   37  AND  THE MINORITY LEADER OF THE ASSEMBLY. THE TASK FORCE SHALL ALSO MAKE
   38  THE REPORT, DOCUMENTATION, AND DRAFT LEGISLATION  PUBLIC  BY  POSTING  A
   39  COPY ON THE WEBSITE MAINTAINED BY THE OFFICE.
   40    S 2. This act shall take effect immediately.