2019-2020 Regular Sessions
                   IN ASSEMBLY
                                     March 15, 2019
        Introduced  by M. of A. THIELE, PALUMBO, GALEF, MIKULIN -- 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
          recovery 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  § 19.04 Recovery living task force.
     4    1. Definitions. As used in this section:
     5    "Recovery living residence" shall mean any residence  located  in  New
     6  York state where the owner or operator of such residence holds the resi-
     7  dence  out  to the public as an alcohol and drug free living environment
     8  for persons recovering from  a  chemical  dependency,  where  no  formal
     9  treatment services are provided on-site.
    10    2. The recovery living task force is hereby created, which pursuant to
    11  the provisions of this section, shall establish best practice guidelines
    12  for  recovery 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 recovery homes operating in the state;
    18    (b)  Issue  recommendations and guidelines establishing best practices
    19  for recovery living residences in order to provide an alcohol  and  drug
    20  free  recovery  living  environment,  with  a focus on least restrictive
    21  means of benefiting the person in recovery;
    22    (c) Study and issue findings  regarding  health  and  safety  concerns
    23  related to the occupancy and operation of recovery living residences for
    24  the person in recovery;
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.

        A. 6718                             2
     1    (d)  Study  and  issue findings regarding the impacts of occupancy and
     2  operation of recovery living residences on neighborhoods and surrounding
     3  areas;
     4    (e) Issue recommendations on the feasibility of licensing, regulating,
     5  registering  or certifying recovery living residences in New York state;
     6  and
     7    (f) Issue recommendations for any other program or  policy  initiative
     8  that the task force deems relevant.
     9    4. (a) The members of the task force shall include the commissioner or
    10  his  or her designee; the commissioner of the office of mental health or
    11  his or her designee; the commissioner of the  office  of  temporary  and
    12  disability  assistance  or  his or her designee; the commissioner of the
    13  office of homes and community  renewal  or  his  or  her  designee;  two
    14  members  appointed by the temporary president of the senate; two members
    15  appointed by the speaker of the assembly; and two members  appointed  by
    16  the  governor.  The  commissioner shall be designated the chairperson of
    17  such task force and shall select a vice-chairperson and a secretary from
    18  the designees appointed by the legislature or the governor;
    19    (b) The members of the task force shall receive  no  compensation  for
    20  their  services but shall be reimbursed for expenses actually and neces-
    21  sarily incurred in the performance of their duties;
    22    (c) No civil action shall be brought in any court against  any  member
    23  of  the  recovery living task force for any act or omission necessary to
    24  the discharge of his or her duties as a member of the task force, except
    25  as provided herein. Such member may be liable for damages  in  any  such
    26  action  if he or she failed to act in good faith and exercise reasonable
    27  care. Any information obtained by a  member  of  the  task  force  while
    28  carrying  out  his  or  her duties as prescribed in subdivision three of
    29  this section shall only be utilized in their capacity as a member of the
    30  task force.
    31    5. No later than one year after the effective date  of  this  section,
    32  the  task  force  shall  provide  a report containing the results of the
    33  study, including evidence used as a basis in making such report, and its
    34  recommendations, if any, together with drafts of  legislation  necessary
    35  to  carry  out its recommendations by filing said report, documentation,
    36  and draft legislation, with the governor, the temporary president of the
    37  senate, the minority leader of the senate, the speaker of the  assembly,
    38  and  the minority leader of the assembly. The task force shall also make
    39  the report, documentation, and draft legislation  public  by  posting  a
    40  copy on the website maintained by the office.
    41    § 2. This act shall take effect immediately.