STATE OF NEW YORK ________________________________________________________________________ 6718 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. LBD10577-01-9A. 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.