Bill Text: NY S09902 | 2023-2024 | General Assembly | Introduced

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Bill Title: Relates to prohibiting former assisted living residences from closing in order to become shelters for asylum seekers.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-09-06 - REFERRED TO RULES [S09902 Detail]

Download: New_York-2023-S09902-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          9902

                    IN SENATE

                                    September 6, 2024
                                       ___________

        Introduced  by Sen. SCARCELLA-SPANTON -- read twice and ordered printed,
          and when printed to be committed to the Committee on Rules

        AN ACT to amend the public health law and the social  services  law,  in
          relation  to  prohibiting  the establishment or operation of a shelter
          for asylum seekers on a property that  was  formerly  operated  as  an
          assisted living residence

          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 "Island Shores law".
     3    §  2.  Subdivision  2  of  section  4653-a of the public health law is
     4  amended by adding a new paragraph (e) to read as follows:
     5    (e) (i) No former operator of an assisted living  residence  shall  be
     6  granted  authority  or  approval  to establish and/or operate a facility
     7  intending to house asylum seekers after such operator has  notified  the
     8  appropriate  regional office of the department that the operator intends
     9  to close and/or decertify the assisted living residence.
    10    (ii) For the purposes of this paragraph, "asylum seeker" shall mean an
    11  individual who changes their country of usual residence to  seek  tempo-
    12  rary  or permanent residence in another country, and who has applied for
    13  asylum under 8 U.S. Code § 1158 or is eligible to apply;  or  who  is  a
    14  refugee  as defined by section 101(a)(42) of the Immigration and Nation-
    15  ality Act (INA).
    16    § 3. Section 43 of the social services law is amended by adding a  new
    17  subdivision 12 to read as follows:
    18    12.  (a)  The  commissioner  shall not enter into any contract for the
    19  establishment and/or operation of a facility intending to  house  asylum
    20  seekers  with  a  former  operator of an assisted living residence after
    21  such operator has  notified  the  appropriate  regional  office  of  the
    22  department of health that such operator intends to close and/or decerti-
    23  fy  the  assisted living residence pursuant to section four thousand six
    24  hundred fifty-three-a of the public health law.
    25    (b) For the purposes of this subdivision, "asylum seeker"  shall  mean
    26  an  individual  who  changes  their  country  of usual residence to seek

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD16083-02-4
        S. 9902                             2

     1  temporary or permanent residence in another country, and who has applied
     2  for asylum under 8 U.S. Code § 1158 or is eligible to apply; or who is a
     3  refugee as defined by section 101(a)(42) of the Immigration and  Nation-
     4  ality Act (INA).
     5    § 4. This act shall take effect immediately.