Bill Text: NY S02147 | 2017-2018 | General Assembly | Introduced

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Bill Title: Regulates the establishment and location of a methadone treatment center by prohibiting its establishment or continued operation within five hundred feet of an educational institution at the secondary level or below, day care center, park, church, synagogue or other place of worship unless located within a hospital.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2018-01-03 - REFERRED TO ALCOHOLISM AND DRUG ABUSE [S02147 Detail]

Download: New_York-2017-S02147-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          2147
                               2017-2018 Regular Sessions
                    IN SENATE
                                    January 12, 2017
                                       ___________
        Introduced by Sen. ALCANTARA -- read twice and ordered printed, and when
          printed to be committed to the Committee on Alcoholism and Drug Abuse
        AN  ACT  to amend the mental hygiene law, in relation to the location of
          methadone treatment centers
          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  22.13 to read as follows:
     3  § 22.13  Location of methadone treatment centers.
     4    (a)  In addition to any other requirements of this  chapter  or  other
     5  provision  of  law,  rule  or  regulation, no methadone treatment center
     6  shall be established, approved, maintained or continued which  shall  be
     7  within  a radius of five hundred feet of a building occupied as a public
     8  or private educational institution at  the  secondary  level  or  below,
     9  day-care  center,  park,  church,  synagogue  or  other place of worship
    10  unless located  in  a  hospital;  the  measurements  to  determine  such
    11  distance  shall be taken in a straight line from the center of the near-
    12  est entrance of such public or private educational institution, day-care
    13  center, church, synagogue or other place of worship to the center of the
    14  nearest entrance of such methadone treatment center.
    15    (b)  Within the context of this section,  the  word  "entrance"  shall
    16  mean  a  door  of a public or private educational institution, of a day-
    17  care center, of a house of  worship,  or  of  such  methadone  treatment
    18  center  regularly  used  to give ingress to students, to the parents and
    19  children of the day-care center, to the  general  public  attending  the
    20  place  of  worship,  and  to any drug dependent persons being treated at
    21  such methadone treatment center;  except that, where a public or private
    22  educational institution, day-care center or house of worship is set back
    23  from a public thoroughfare, the walkway or stairs leading  to  any  such
    24  door  shall  be deemed an entrance and the measurement shall be taken to
    25  the center of the walkway or stairs at the  point  where  it  meets  the
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01542-01-7
        S. 2147                             2
     1  building  line  or  public  thoroughfare.   A door which has no exterior
     2  hardware, or which is used solely as an emergency or fire  exit  or  for
     3  maintenance  purposes,  or  which leads directly to a part of a building
     4  not regularly used by such drug dependent persons shall not be deemed an
     5  "entrance".
     6    §  2.    This  act  shall take effect seven months after it shall have
     7  become a law.