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S06793 Summary:

BILL NOS06793A
 
SAME ASNo Same As
 
SPONSORKAMINSKY
 
COSPNSR
 
MLTSPNSR
 
Amd Various Laws, generally
 
Replaces the terms "mentally retarded", "mental retardation" and variants thereof with "intellectually disabled" and "intellectual disability".
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S06793 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         6793--A
            Cal. No. 973
 
                               2021-2022 Regular Sessions
 
                    IN SENATE
 
                                      May 17, 2021
                                       ___________
 
        Introduced  by Sen. KAMINSKY -- read twice and ordered printed, and when
          printed to be committed to the Committee on Disabilities --  recommit-
          ted to the Committee on Disabilities in accordance with Senate Rule 6,
          sec. 8 -- reported favorably from said committee, ordered to first and
          second  report,  ordered  to  a  third  reading,  amended  and ordered
          reprinted, retaining its place in the order of third reading
 
        AN ACT to amend the  abandoned  property  law,  the  arts  and  cultural
          affairs  law,  the  county law, the criminal procedure law, the debtor
          and creditor law, the domestic relations law, the education  law,  the
          executive  law, the family court act, the insurance law, the judiciary
          law, the legislative law, the mental hygiene law,  the  public  health
          law,  the  public lands law, the private housing finance law, the real
          property actions and proceedings law, the real property law, the  real
          property tax law, the social services law, the tax law, the facilities
          development  corporation  act,  and  the  New  York state medical care
          facilities finance agency act, in  relation  to  replacing  the  terms
          "mentally  retarded"  and  "mental  retardation"  with "intellectually
          disabled" and "intellectual disability"
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  Section  215 of the abandoned property law, as amended by
     2  chapter 550 of the laws of 1978, is amended to read as follows:
     3    § 215. Claims against state. Where an action has  been  commenced  and
     4  final  judgment  in favor of the people entered therein by reason of the
     5  escheat of real property to the people and the said  property  has  been
     6  sold pursuant to section two hundred four, any party or parties thereto,
     7  or  their  successors  in  interest,  who, but for the rendering of such
     8  final judgment would have been entitled to such  real  property,  or  an
     9  interest  therein, shall have a claim against the state for the value of
    10  such real property or interest therein at the time of the entry of  such
    11  judgment,  but  no  such  claim  shall  exist  in favor of such party or
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10921-03-2

        S. 6793--A                          2
 
     1  parties or their successors in interest unless a petition therefor shall
     2  have been filed as hereinafter provided within fifteen  years  from  the
     3  date  of  entry  of  such final judgment unless such party or parties to
     4  such  ejectment  action shall have been, at the time of the commencement
     5  of such action or entry of final judgment, incompetent to conduct his or
     6  her affairs by reason of mental illness or [mental  retardation]  intel-
     7  lectual  disability  or have been under the age of eighteen years, or be
     8  imprisoned in execution upon conviction of a criminal offense, in  which
     9  event  the period of such disability shall not be deemed to be a part of
    10  the time limited within which such petition may be filed. Such party  or
    11  parties, or their successors in interest shall petition the commissioner
    12  of general services for payment of the sum or a part thereof received by
    13  the  state, upon the sale made pursuant to section two hundred four, and
    14  the said commissioner if satisfied that the claim is just and is made by
    15  a party who, except for the entry of final judgment in an action author-
    16  ized by section two hundred one would have been  entitled  to  the  real
    17  property  or  an  interest  therein affected by said action, may certify
    18  such facts to the court of claims, whereupon that court is empowered and
    19  authorized to determine the amount of such claim  or  claims  and  award
    20  judgment  therefor,  the  total  of  which  in no event shall exceed the
    21  amount received by the people upon the sale of said real property pursu-
    22  ant to section two hundred four.
    23    § 2. Paragraph (d) of subdivision 1 of section 35.07 of the  arts  and
    24  cultural affairs law is amended to read as follows:
    25    (d) In any illegal, indecent, or immoral exhibition or practice; or in
    26  the  exhibition of any such child when mentally ill, [mentally retarded]
    27  intellectually disabled,  or  when  presenting  the  appearance  of  any
    28  deformity or unnatural physical formation or development; or
    29    § 3. Subdivision 1 of section 707 of the county law, as added by chap-
    30  ter 1 of the laws of 1995, is amended to read as follows:
    31    1.  Notwithstanding any other provision of law to the contrary, upon a
    32  finding in an ex parte proceeding that expert  services  are  reasonably
    33  necessary  for  the  prosecution  of the case whether in connection with
    34  issues relating to guilt or sentencing or  that  investigative  services
    35  relating  to  a  separate  sentencing proceeding or [mental retardation]
    36  intellectual disability hearing pursuant to section 400.27 of the crimi-
    37  nal procedure law  are  reasonably  necessary,  the  trial  court  shall
    38  authorize  the  payment  of fees and expenses for such services.  Upon a
    39  finding that timely procurement of such services could  not  practicably
    40  await  prior  authorization,  the  court may authorize the provision and
    41  payment for such services nunc pro tunc.
    42    § 4. Paragraph (d) of subdivision  1  and  the  opening  paragraph  of
    43  subdivision 2 of section 330.20 of the criminal procedure law, paragraph
    44  (d)  as amended by chapter 672 of the laws of 2019 and the opening para-
    45  graph of subdivision 2 as amended by chapter 693 of the  laws  of  1989,
    46  are amended to read as follows:
    47    (d)  "Mentally  ill"  means  that a defendant currently suffers from a
    48  mental illness for which care and treatment as a patient, in the  in-pa-
    49  tient  services  of  a  psychiatric center under the jurisdiction of the
    50  state office of mental health, is essential to such defendant's  welfare
    51  and that his judgment is so impaired that he is unable to understand the
    52  need  for  such  care and treatment; and, where a defendant is [mentally
    53  retarded] intellectually disabled, the term "mentally  ill"  shall  also
    54  mean,  for  purposes  of  this section, that the defendant is in need of
    55  care and treatment as a resident in the in-patient services of a  devel-
    56  opmental   center  or  other  residential  facility  for  the  [mentally

        S. 6793--A                          3

     1  retarded] intellectually disabled and developmentally disabled under the
     2  jurisdiction of the state office for people with developmental disabili-
     3  ties.
     4    Upon entry of a verdict of not responsible by reason of mental disease
     5  or defect, or upon the acceptance of a plea of not responsible by reason
     6  of  mental  disease or defect, the court must immediately issue an exam-
     7  ination order. Upon receipt of such order, the commissioner must  desig-
     8  nate  two  qualified psychiatric examiners to conduct the examination to
     9  examine the defendant. In conducting their examination, the  psychiatric
    10  examiners may employ any method which is accepted by the medical profes-
    11  sion  for  the  examination  of  persons  alleged to be suffering from a
    12  dangerous mental disorder or to be mentally ill or [retarded]  intellec-
    13  tually  disabled. The court may authorize a psychiatrist or psychologist
    14  retained by a defendant to be present at such examination. The clerk  of
    15  the  court  must promptly forward a copy of the examination order to the
    16  mental hygiene legal service and such service may thereafter participate
    17  in all subsequent proceedings under this section.
    18    § 5. Paragraph (b) of subdivision 9, paragraphs (a),  (b),  (c),  (d),
    19  (e)  and (f) of subdivision 12, paragraphs (a) and (c) of subdivision 13
    20  and the opening paragraph of paragraph (a) and paragraph (c) of subdivi-
    21  sion 14 of section 400.27 of the criminal procedure law,  paragraph  (b)
    22  of subdivision 9, paragraphs (a), (b), (c), (d), (e) and (f) of subdivi-
    23  sion 12 and paragraph (a) of subdivision 13 as added by chapter 1 of the
    24  laws  of 1995, paragraph (c) of subdivision 13 as amended by chapter 230
    25  of the laws of 2004 and the opening paragraph of paragraph (a) and para-
    26  graph (c) of subdivision 14 as amended by section 9 of part LLL of chap-
    27  ter 59 of the laws of 2019, are amended to read as follows:
    28    (b) The defendant was [mentally retarded] intellectually  disabled  at
    29  the  time  of the crime, or the defendant's mental capacity was impaired
    30  or his ability to conform his conduct to the  requirements  of  law  was
    31  impaired  but  not so impaired in either case as to constitute a defense
    32  to prosecution;
    33    (a) Upon the conviction of a defendant for the offense  of  murder  in
    34  the  first  degree  as  defined  in section 125.27 of the penal law, the
    35  court shall, upon oral or written motion of the defendant based  upon  a
    36  showing  that there is reasonable cause to believe that the defendant is
    37  [mentally retarded] intellectually disabled, promptly conduct a  hearing
    38  without a jury to determine whether the defendant is [mentally retarded]
    39  intellectually  disabled. Upon the consent of both parties, such a hear-
    40  ing, or a portion thereof, may be conducted by the  court  contemporane-
    41  ously  with  the  separate  sentencing proceeding in the presence of the
    42  sentencing jury, which in no event shall  be  the  trier  of  fact  with
    43  respect  to the hearing. At such hearing the defendant has the burden of
    44  proof by a preponderance of the evidence that he  or  she  is  [mentally
    45  retarded]  intellectually  disabled. The court shall defer rendering any
    46  finding pursuant to this subdivision as  to  whether  the  defendant  is
    47  [mentally  retarded] intellectually disabled until a sentence is imposed
    48  pursuant to this section.
    49    (b) In the event the defendant is sentenced pursuant to  this  section
    50  to life imprisonment without parole or to a term of imprisonment for the
    51  class  A-I felony of murder in the first degree other than a sentence of
    52  life imprisonment without parole, the court shall not render  a  finding
    53  with respect to whether the defendant is [mentally retarded] intellectu-
    54  ally disabled.
    55    (c)  In  the event the defendant is sentenced pursuant to this section
    56  to death, the court shall thereupon render a  finding  with  respect  to

        S. 6793--A                          4
 
     1  whether the defendant is [mentally retarded] intellectually disabled. If
     2  the  court  finds  the  defendant  is [mentally retarded] intellectually
     3  disabled, the court shall set aside the sentence of death  and  sentence
     4  the defendant either to life imprisonment without parole or to a term of
     5  imprisonment  for  the  class  A-I  felony of murder in the first degree
     6  other than a sentence of life imprisonment without parole. If the  court
     7  finds the defendant is not [ mentally retarded] intellectually disabled,
     8  then  such  sentence  of  death  shall not be set aside pursuant to this
     9  subdivision.
    10    (d) In the event that a defendant is convicted of murder in the  first
    11  degree  pursuant  to  subparagraph (iii) of paragraph (a) of subdivision
    12  one of section 125.27 of the penal law, and the killing  occurred  while
    13  the  defendant  was  confined  or  under custody in a state correctional
    14  facility or local correctional institution, and a sentence of  death  is
    15  imposed, such sentence may not be set aside pursuant to this subdivision
    16  upon the ground that the defendant is [mentally retarded] intellectually
    17  disabled. Nothing in this paragraph or paragraph (a) of this subdivision
    18  shall  preclude  a  defendant  from  presenting  mitigating  evidence of
    19  [mental retardation] intellectual disability at the separate  sentencing
    20  proceeding.
    21    (e) The foregoing provisions of this subdivision notwithstanding, at a
    22  reasonable  time  prior  to the commencement of trial the defendant may,
    23  upon a written motion alleging reasonable cause to believe the defendant
    24  is [mentally retarded]  intellectually  disabled,  apply  for  an  order
    25  directing that [a mental retardation] an intellectual disability hearing
    26  be  conducted  prior to trial. If, upon review of the defendant's motion
    27  and any response thereto, the court finds reasonable  cause  to  believe
    28  the  defendant  is [mentally retarded] intellectually disabled, it shall
    29  promptly conduct a hearing without  a  jury  to  determine  whether  the
    30  defendant  is  [mentally retarded] intellectually disabled. In the event
    31  the court finds after the hearing that the defendant  is  not  [mentally
    32  retarded] intellectually disabled, the court must, prior to commencement
    33  of trial, enter an order so stating, but nothing in this paragraph shall
    34  preclude  a  defendant  from  presenting  mitigating evidence of [mental
    35  retardation] intellectual disability at a separate  sentencing  proceed-
    36  ing.  In the event the court finds after the hearing that the defendant,
    37  based upon a preponderance  of  the  evidence,  is  [mentally  retarded]
    38  intellectually disabled, the court must, prior to commencement of trial,
    39  enter  an order so stating. Unless the order is reversed on an appeal by
    40  the people or unless the provisions of paragraph (d) of this subdivision
    41  apply, a separate sentencing proceeding under this section shall not  be
    42  conducted  if  the  defendant  is  thereafter convicted of murder in the
    43  first degree. In the event  a  separate  sentencing  proceeding  is  not
    44  conducted,  the  court,  upon conviction of a defendant for the crime of
    45  murder in the first degree, shall sentence the defendant to life  impri-
    46  sonment  without  parole  or to a sentence of imprisonment for the class
    47  A-I felony of murder in the first degree other than a sentence  of  life
    48  imprisonment  without parole.  Whenever [a mental retardation] an intel-
    49  lectual disability hearing is held and a finding is rendered pursuant to
    50  this paragraph, the court may not conduct a hearing  pursuant  to  para-
    51  graph  (a)  of  this  subdivision.  For purposes of this subdivision and
    52  paragraph (b) of subdivision nine of  this  section,  ["mental  retarda-
    53  tion"]  "intellectual disability" means significantly subaverage general
    54  intellectual functioning existing concurrently with deficits in adaptive
    55  behavior which were manifested before the age of eighteen.

        S. 6793--A                          5
 
     1    (f) In the event the court enters an order pursuant to  paragraph  (e)
     2  of  this  subdivision  finding that the defendant is [mentally retarded]
     3  intellectually disabled, the people may appeal  as  of  right  from  the
     4  order  pursuant  to  subdivision  ten of section 450.20 of this chapter.
     5  Upon  entering  such an order the court must afford the people a reason-
     6  able period of time, which shall not be less than ten days, to determine
     7  whether to take an appeal from the order finding that the  defendant  is
     8  [mentally  retarded] intellectually disabled. The taking of an appeal by
     9  the people stays the effectiveness of the court's order  and  any  order
    10  fixing a date for trial. Within six months of the effective date of this
    11  subdivision,  the  court  of  appeals  shall  adopt rules to ensure that
    12  appeals pursuant to this paragraph are expeditiously perfected, reviewed
    13  and determined so that pretrial delays are minimized. Prior to  adoption
    14  of  the  rules,  the  court  of  appeals  shall issue proposed rules and
    15  receive written comments thereon from interested parties.
    16    (a) As used in this subdivision, the term "psychiatric evidence" means
    17  evidence of mental disease,  defect  or  condition  in  connection  with
    18  either a mitigating factor defined in this section or [a mental retarda-
    19  tion]  an intellectual disability hearing pursuant to this section to be
    20  offered by a psychiatrist, psychologist or other person who has received
    21  training, or education, or has experience relating  to  the  identifica-
    22  tion,  diagnosis,  treatment  or  evaluation  of  mental disease, mental
    23  defect or mental condition.
    24    (c) When a defendant serves notice pursuant to this  subdivision,  the
    25  district  attorney  may  make application, upon notice to the defendant,
    26  for an order directing that the defendant submit to an examination by  a
    27  psychiatrist,  licensed psychologist, or licensed clinical social worker
    28  designated by the  district  attorney,  for  the  purpose  of  rebutting
    29  evidence  offered  by  the  defendant  with respect to a mental disease,
    30  defect, or condition in  connection  with  either  a  mitigating  factor
    31  defined  in  this  section,  including  whether the defendant was acting
    32  under  duress,  was  mentally  or  emotionally  disturbed  or  [mentally
    33  retarded] intellectually disabled, or was under the influence of alcohol
    34  or  any drug. If the application is granted, the district attorney shall
    35  schedule a time and place for the examination, which shall be  recorded.
    36  Counsel  for  the  people  and  the defendant shall have the right to be
    37  present at the examination. A transcript of  the  examination  shall  be
    38  made available to the defendant and the district attorney promptly after
    39  its  conclusion.    The  district  attorney  shall promptly serve on the
    40  defendant a written copy of the findings and evaluation of the examiner.
    41  If the court finds that the defendant has wilfully refused to  cooperate
    42  fully  in  an  examination  pursuant  to  this paragraph, it shall, upon
    43  request of the district attorney, instruct the jury that  the  defendant
    44  did  not  submit  to or cooperate fully in such psychiatric examination.
    45  When a defendant is subjected to an examination  pursuant  to  an  order
    46  issued  in  accordance  with this subdivision, any statement made by the
    47  defendant for the purpose of the examination shall  be  inadmissible  in
    48  evidence  against  him in any criminal action or proceeding on any issue
    49  other than that of whether a mitigating factor has been  established  or
    50  whether  the  defendant  is [mentally retarded] intellectually disabled,
    51  but such statement is admissible upon such an issue whether  or  not  it
    52  would otherwise be deemed a privileged communication.
    53    At  a  reasonable time prior to the sentencing proceeding or [a mental
    54  retardation] an intellectual disability hearing:
    55    (c) If, after complying with the provisions  of  this  section  or  an
    56  order pursuant thereto, a party finds either before or during a sentenc-

        S. 6793--A                          6
 
     1  ing  proceeding or [mental retardation] intellectual disability hearing,
     2  additional material subject to discovery or covered by court order,  the
     3  party shall promptly make disclosure or apply for a protective order.
     4    §  6.  Subdivision 10 of section 450.20 of the criminal procedure law,
     5  as added by chapter 1 of the  laws  of  1995,  is  amended  to  read  as
     6  follows:
     7    10.  An order, entered pursuant to paragraph (e) of subdivision twelve
     8  of section 400.27, finding that the  defendant  is  [mentally  retarded]
     9  intellectually disabled.
    10    § 7. Section 252 of the debtor and creditor law, as amended by chapter
    11  115 of the laws of 1981, is amended to read as follows:
    12    §  252.  Payment by committee or conservator of claims. A committee of
    13  the property of a person,  incompetent  by  reason  of  mental  illness,
    14  [mental retardation] intellectual disability or alcohol abuse, to manage
    15  his  affairs,  or  a  conservator of the property of a conservatee, may,
    16  under direction of the court exercising  jurisdiction  of  such  estate,
    17  after  payment  of  the  expenses, disbursements and commissions of such
    18  trust, apply so much of the funds and property of said estate  remaining
    19  in  his  hands  as such committee or conservator, as may be necessary to
    20  pay and discharge the proper claims  of  creditors  who  have  presented
    21  claims  pursuant  to  the  notice  in  this article provided for, to the
    22  payment of such claims, and if the property so remaining be insufficient
    23  to pay such claims in  full,  then  the  committee  or  conservator  may
    24  distribute  the  same  according  to  law  among  the creditors who have
    25  presented and proved their claims as in this article provided, and  such
    26  payment,  when  so made in good faith and under direction of such court,
    27  shall relieve such  committee  or  conservator  and  his  sureties  from
    28  liability  to  creditors  who  have failed to present their claims as in
    29  this article provided.
    30    § 8. The third undesignated paragraph of subdivision 1 of section 13-d
    31  of the domestic relations law, as added by chapter 371 of  the  laws  of
    32  1986, is amended to read as follows:
    33    Rubella infection poses a grave threat to the unborn child, especially
    34  during  the  first four months of pregnancy. It can lead to miscarriage,
    35  stillbirth, or one or all of the tragic defects such as deafness, blind-
    36  ness, crippling congenital heart disease, [mental retardation] intellec-
    37  tual disability and muscular and bone defects.
    38    § 9. Subdivision 5 of section 115 of the domestic  relations  law,  as
    39  amended  by  chapter  305  of  the  laws  of 2008, is amended to read as
    40  follows:
    41    5. Where the petition alleges that either or both of the birth parents
    42  of the child have been deprived of civil rights or are mentally  ill  or
    43  [mentally  retarded]  intellectually  disabled, proof shall be submitted
    44  that such disability exists at the time of the proposed adoption.
    45    § 10. Paragraph (g) of subdivision 1 of section 414 of  the  education
    46  law,  as  amended by chapter 257 of the laws of 1976, is amended to read
    47  as follows:
    48    (g) For classes of instruction for [mentally retarded]  intellectually
    49  disabled  minors  operated  by  a  private  organization approved by the
    50  commissioner of education.
    51    § 11. The section heading and subdivisions  1,  2  and  3  of  section
    52  1004-a  of the education law, the section heading and subdivisions 1 and
    53  3 as amended by chapter 1014 of the laws of 1974 and  subdivision  2  as
    54  separately  amended  by  chapters  474  and 475 of the laws of 1978, are
    55  amended to read as follows:

        S. 6793--A                          7
 
     1    Sheltered workshops for the [mentally retarded]  intellectually  disa-
     2  bled,  mentally  ill and severely physically handicapped. 1. Declaration
     3  of purpose.  The conditions of [mental retardation]  intellectual  disa-
     4  bility,  mental  illness and severe physical handicap are such that many
     5  young  people,  after  laborious  training in the schools and otherwise,
     6  reach the point in their lives where they can and should,  under  proper
     7  and  continued  guidance, engage in sheltered employment. The effects of
     8  such employment are salutary in many ways. The  affected  individual  is
     9  helped  to  become  a contributing member of society. The state is saved
    10  the expense of his institutionalization  in  already  overcrowded  state
    11  schools  and  facilities. The family retains closer contact with him and
    12  is spared the anxieties naturally attaching to separation  and  institu-
    13  tionalization.  All  of  these  factors  have also been shown to reflect
    14  tangible benefit upon the [mentally retarded]  intellectually  disabled,
    15  mentally ill and severely physically handicapped person in improving his
    16  overall  condition.  The  purpose  of  this  measure  is to specifically
    17  encourage the development, improvement and expansion of  such  sheltered
    18  employment  facilities  by  non-profit  agencies,  so  that the salutary
    19  effects mentioned can be expediently accomplished.
    20    2. Special provisions relating to [mentally  retarded]  intellectually
    21  disabled,  mentally  ill  and severely physically handicapped persons in
    22  extended sheltered employment in workshops.  Notwithstanding  any  other
    23  provision  of  this article, when it shall appear to the satisfaction of
    24  the department  that  a  [mentally  retarded]  intellectually  disabled,
    25  mentally  ill or severely physically handicapped person over the chrono-
    26  logical age of seventeen years can reasonably  be  expected  to  benefit
    27  from,  or  in  his best interests reasonably requires extended sheltered
    28  employment in a workshop as defined in section ten hundred two[,  subdi-
    29  vision  eight  of  article  twenty-one] of this chapter, furnished by an
    30  approved  non-profit  organization,  the  department  is  authorized  to
    31  contract  with  such  organization  for the furnishing of such sheltered
    32  employment to such [mentally retarded] intellectually disabled, mentally
    33  ill or severely physically handicapped person;  and  the  department  is
    34  further  authorized  to  expend  for such purpose a sum or sums not less
    35  than one thousand five hundred dollars per annum for each such [mentally
    36  retarded] intellectually disabled, mentally ill or  severely  physically
    37  handicapped  person, for or towards the cost of providing such sheltered
    38  employment for each such [mentally  retarded]  intellectually  disabled,
    39  mentally ill or severely physically handicapped person.
    40    The  department  shall  pay at least quarterly during the state fiscal
    41  year such sums as are authorized to such organizations  for  such  shel-
    42  tered  employment  immediately  upon  the  completion  of evaluation and
    43  personal adjustment services under the sponsorship of the department.
    44    3. The department shall maintain a register of such  nonprofit  organ-
    45  izations which, after inspection of the facilities for sheltered employ-
    46  ment  provided  by  them,  it  deems qualified to meet the needs of such
    47  [mentally retarded] intellectually disabled, mentally ill  and  severely
    48  physically handicapped persons. Such inspection shall also determine the
    49  eligibility of such organization to receive the funds hereinbefore spec-
    50  ified.
    51    §  12.  Subdivision 8-a of section 1950 of the education law, as added
    52  by chapter 762 of the laws of 1972, is amended to read as follows:
    53    8-a. Notwithstanding any other provision of this section and with  the
    54  consent  of  the  commissioner,  the city school district of the city of
    55  Syracuse may, upon consent  of  the  board  of  cooperative  educational
    56  services  for  the  sole  supervisory  district for Onondaga and Madison

        S. 6793--A                          8
 
     1  counties, be included as a component district for the  sole  purpose  of
     2  operating a combined program and/or constructing a combined facility for
     3  the  trainable  [mentally  retarded] intellectually disabled children in
     4  the  city  of  Syracuse  and  the  county  of Onondaga. Such city school
     5  district shall add an amount to its budget and levy, collect and pay the
     6  same to such board of cooperative educational  services  to  defray  the
     7  proportional  expenses  of  constructing and operating such facility for
     8  such children. Such city school district shall not be liable for payment
     9  of administrative expenses as provided for in paragraph b of subdivision
    10  four of this section nor shall such city school district be eligible for
    11  the payment of state aid under this  section  except  such  city  school
    12  district  shall  receive  state  aid based on its proportionate share of
    13  building expenses related to this program as determined by  the  commis-
    14  sioner.
    15    §  13.  Paragraphs a, b, and c, and subparagraphs 1, 8 and 13 of para-
    16  graph d of subdivision 5 of section 3202 of the education law, paragraph
    17  a as added by chapter 47 of the laws of 1977 and as renumbered by  chap-
    18  ter  563  of  the  laws of 1980, paragraph b as amended by section 26 of
    19  part B of chapter 57 of the laws of 2007, paragraph c and  subparagraphs
    20  1  and  13 of paragraph d as amended by chapter 672 of the laws of 2019,
    21  and subparagraph 8 of paragraph d as added by chapter 721 of the laws of
    22  1979 and as renumbered by chapter 57 of the laws of 1993, are amended to
    23  read as follows:
    24    a. Children who reside in a school for the [mentally retarded]  intel-
    25  lectually  disabled operated by the department of mental hygiene and for
    26  whom the department has assumed responsibility for support  and  mainte-
    27  nance  prior  to  July  one,  nineteen hundred seventy-seven and who are
    28  placed in a family home at board, a duly incorporated orphan  asylum  or
    29  other  institution for the care, custody and treatment of children shall
    30  be admitted to the schools of the school district in which  such  family
    31  home  or  institution is located. The education department is authorized
    32  to reimburse each school district  furnishing  educational  services  to
    33  such  children  for  the direct cost of such services in accordance with
    34  regulations promulgated by the commissioner and approved by the director
    35  of the budget. The educational costs for these  children  shall  not  be
    36  otherwise aidable or reimbursable.
    37    b.  Children who reside in a school for the [mentally retarded] intel-
    38  lectually disabled operated by the department of mental hygiene and  for
    39  whose  support  and maintenance the department assumes responsibility on
    40  or after July one, nineteen hundred seventy-seven and who are thereafter
    41  placed in a family home at board, a duly incorporated orphan  asylum  or
    42  other  institution for the care, custody and treatment of children shall
    43  be admitted to the schools of the school district in which  such  family
    44  home  or  institution is located. The education department is authorized
    45  to reimburse each school district  furnishing  educational  services  to
    46  such  children  for  the direct cost of such services in accordance with
    47  regulations promulgated by the commissioner and approved by the director
    48  of the budget. The educational costs for these  children  shall  not  be
    49  otherwise  aidable  or  reimbursable.  The  school district in which the
    50  child resided at the time  the  department  of  mental  hygiene  assumed
    51  responsibility for the support and maintenance of such child shall reim-
    52  burse  the  education  department  for its expenditure on behalf of such
    53  child in an amount equal to the school district basic  contribution,  as
    54  such  term is defined in subdivision eight of section four thousand four
    55  hundred one of this chapter. The comptroller may deduct from  any  state
    56  funds  which  become  due  to  a  school district an amount equal to the

        S. 6793--A                          9
 
     1  reimbursement required to be made by such school district in  accordance
     2  with this paragraph, and the amount so deducted shall not be included in
     3  the  operating expense of such district for the purpose of computing the
     4  approved operating expense pursuant to paragraph t of subdivision one of
     5  section thirty-six hundred two of this chapter. The department of mental
     6  hygiene  shall notify the education department of the name of the child,
     7  the location of the family home or institution where the child is to  be
     8  placed  and  the name of the school district in which such child resided
     9  at the time the department of mental hygiene assumed responsibility  for
    10  his or her support and maintenance.
    11    c. (1) The education department is authorized to reimburse each school
    12  district furnishing educational services to children residing in schools
    13  for  the  [mentally  retarded]  intellectually  disabled operated by the
    14  office for people with developmental disabilities for the direct cost of
    15  such services in accordance with regulations promulgated by the  commis-
    16  sioner and approved by the director of the budget.
    17    (2)  The  school district in which each such child resided at the time
    18  the office for people with developmental disabilities assumed  responsi-
    19  bility for the support and maintenance of such child shall reimburse the
    20  education department for its expenditures on behalf of such child, in an
    21  amount  equal  to the school district basic contribution as such term is
    22  defined in subdivision eight of section forty-four hundred one  of  this
    23  chapter,  for  any  such  child  admitted  to  a  state  school  for the
    24  [retarded] intellectually disabled on  or  after  July  first,  nineteen
    25  hundred  seventy-eight.  The comptroller may deduct from any state funds
    26  which become due to a school district an amount equal to the  reimburse-
    27  ment required to be made by such school district in accordance with this
    28  paragraph  and  the  amount  so  deducted  shall  not be included in the
    29  approved operating expense of such district for the purpose of computing
    30  the approved operating expenses pursuant to paragraph t  of  subdivision
    31  one of section thirty-six hundred two of this chapter.
    32    (1)  Children  who  reside  in  an  intermediate care facility for the
    33  [mentally retarded] intellectually disabled, other than a state operated
    34  school for the [mentally retarded] intellectually disabled,  as  defined
    35  in regulations of the office for people with developmental disabilities,
    36  shall be admitted to the public schools, except as otherwise provided in
    37  subparagraph  fourteen  of  this  paragraph.    The trustees or board of
    38  education of the school district in which such facility is located shall
    39  receive such children in the school  or  schools  of  the  district  for
    40  instruction  and  for  the provision of necessary related services for a
    41  compensation to be fixed by the trustees or board of  education,  unless
    42  such  trustees or board of education shall establish to the satisfaction
    43  of the commissioner of education that there  are  valid  and  sufficient
    44  reasons  for refusal to receive such children.  Evaluation of the educa-
    45  tional needs of such children and placement in  appropriate  educational
    46  programs  shall  be  made in accordance with article eighty-nine of this
    47  chapter.
    48    (8) A board of education of a school district which receives notifica-
    49  tion that a child has been placed in an intermediate care  facility  for
    50  the  [mentally  retarded]  intellectually  disabled  may  deny financial
    51  responsibility for any child by written notice  within  twenty  days  of
    52  such  notification to the school district furnishing instruction and the
    53  intermediate care facility.
    54    (13) The school district providing educational  services  to  children
    55  placed  pursuant  to this paragraph shall provide a report on the status
    56  of each such child with a handicapping condition annually to the commit-

        S. 6793--A                         10
 
     1  tee on special education of the  school  district  in  which  the  child
     2  resided  at  the time of admission to the intermediate care facility for
     3  the [mentally retarded] intellectually disabled.  Such report shall also
     4  be sent to the parent or guardian of the child and the office for people
     5  with developmental disabilities.
     6    §  14.  Subclause (iii) of clause (c) of subparagraph 4 of paragraph b
     7  of subdivision 1 of section 4402 of the education  law,  as  amended  by
     8  chapter 378 of the laws of 2007, is amended to read as follows:
     9    (iii)  where  neither  such  agency exists in the locality, either the
    10  area developmental  disabilities  services  office,  where  the  primary
    11  reason the child is at risk of placement relates to [mental retardation]
    12  intellectual  disability  or  a  developmental  disability, or the local
    13  mental health agency, where the primary reason the child is at  risk  of
    14  placement relates to any other mental disability.
    15    §  15.  Subclause (iii) of clause (c) of subparagraph 4 of paragraph b
    16  of subdivision 1 of section 4402 of the education  law,  as  amended  by
    17  chapter 600 of the laws of 1994, is amended to read as follows:
    18    (iii)  where  neither  such  agency exists in the locality, either the
    19  area developmental  disabilities  services  office,  where  the  primary
    20  reason the child is at risk of placement relates to [mental retardation]
    21  intellectual  disability  or  a  developmental  disability, or the local
    22  mental health agency, where the primary reason the child is at  risk  of
    23  placement relates to any other mental disability.
    24    §  16.  Subdivision 4 of section 4403 of the education law, as amended
    25  by chapter 53 of the laws of 1986, is amended to read as follows:
    26    4. To periodically inspect, report on the adequacy of and make  recom-
    27  mendations concerning instructional programs or special services for all
    28  children  with handicapping conditions who reside in or attend any state
    29  operated or state financed social service facilities, youth  facilities,
    30  health  facilities,  mental  health,  [mental  retardation] intellectual
    31  disability and developmental disabilities facilities  or  state  correc-
    32  tional facilities.
    33    §  17.  Paragraph  a of subdivision 3 of section 6507 of the education
    34  law, as amended by chapter 672 of the laws of 2019, is amended  to  read
    35  as follows:
    36    a. Establish standards for preprofessional and professional education,
    37  experience and licensing examinations as required to implement the arti-
    38  cle for each profession. Notwithstanding any other provision of law, the
    39  commissioner shall establish standards requiring that all persons apply-
    40  ing,  on or after January first, nineteen hundred ninety-one, initially,
    41  or for the renewal of, a license, registration or limited permit to be a
    42  physician, chiropractor, dentist, registered nurse, podiatrist,  optome-
    43  trist,   psychiatrist,  psychologist,  licensed  master  social  worker,
    44  licensed clinical  social  worker,  licensed  creative  arts  therapist,
    45  licensed  marriage  and family therapist, licensed mental health counse-
    46  lor,  licensed  psychoanalyst,  dental  hygienist,   licensed   behavior
    47  analyst,  or  certified behavior analyst assistant shall, in addition to
    48  all the other licensure,  certification  or  permit  requirements,  have
    49  completed  two hours of coursework or training regarding the identifica-
    50  tion and reporting of child abuse and maltreatment.  The  coursework  or
    51  training  shall  be  obtained  from an institution or provider which has
    52  been approved by the department to provide such coursework or  training.
    53  The coursework or training shall include information regarding the phys-
    54  ical  and  behavioral indicators of child abuse and maltreatment and the
    55  statutory reporting requirements set out in sections four hundred  thir-
    56  teen  through  four hundred twenty of the social services law, including

        S. 6793--A                         11
 
     1  but not limited to, when and how a  report  must  be  made,  what  other
     2  actions  the  reporter  is  mandated  or  authorized  to take, the legal
     3  protections afforded reporters, and  the  consequences  for  failing  to
     4  report. Such coursework or training may also include information regard-
     5  ing  the  physical and behavioral indicators of the abuse of individuals
     6  with [mental retardation] an intellectual disability and other  develop-
     7  mental  disabilities  and  voluntary  reporting  of  abused or neglected
     8  adults to the office for people with developmental disabilities  or  the
     9  local  adult  protective services unit. Each applicant shall provide the
    10  department with documentation showing that he or she has  completed  the
    11  required  training.  The  department shall provide an exemption from the
    12  child abuse and maltreatment training requirements to any applicant  who
    13  requests  such an exemption and who shows, to the department's satisfac-
    14  tion, that there would be no need because of the nature of  his  or  her
    15  practice for him or her to complete such training;
    16    §  18.  Subparagraph  (i) of paragraph (a) of subdivision 1 of section
    17  509 of the executive law, as added by chapter 659 of the  laws  of  1977
    18  and renumbered by chapter 465 of the laws of 1992, is amended to read as
    19  follows:
    20    (i) that such child is mentally ill or [mentally retarded] intellectu-
    21  ally  disabled and will substantially benefit from care and treatment in
    22  such a state school or hospital; and
    23    § 19. Subdivision (b) of section 115  of  the  family  court  act,  as
    24  amended  by  chapter  281  of  the  laws  of 1980, is amended to read as
    25  follows:
    26    (b) The family court has such other jurisdiction as is  set  forth  in
    27  this act, including jurisdiction over habeas corpus proceedings and over
    28  applications for support, maintenance, a distribution of marital proper-
    29  ty  and custody in matrimonial actions when referred to the family court
    30  by the supreme court, conciliation proceedings, and proceedings concern-
    31  ing physically handicapped and [mentally defective or  retarded]  intel-
    32  lectually disabled children.
    33    § 20. Item (i) of subparagraph (A) of paragraph 4 of subsection (a) of
    34  section 3216 of the insurance law, as amended by chapter 219 of the laws
    35  of 2011, is amended to read as follows:
    36    (i) Any unmarried dependent child, regardless of age, who is incapable
    37  of self-sustaining employment by reason of mental illness, developmental
    38  disability,  or  [mental retardation] intellectual disability as defined
    39  in the mental hygiene law, or physical handicap and who became so  inca-
    40  pable  prior  to  the  age  at  which dependent coverage would otherwise
    41  terminate, shall be included in coverage  subject  to  any  pre-existing
    42  conditions limitation applicable to other dependents; or
    43    §  21.  Subparagraph  (A) of paragraph 4 and subparagraph (B) of para-
    44  graph 5 of subsection (c) of section 3216 of the insurance law, subpara-
    45  graph (A) of paragraph 4 as amended by chapter 93 of the  laws  of  1989
    46  and subparagraph (B) of subdivision 5 as amended by section 46-b of part
    47  D of chapter 56 of the laws of 2013, are amended to read as follows:
    48    (A) Coverage of an unmarried dependent child who is incapable of self-
    49  sustaining  employment  by reason of mental illness, developmental disa-
    50  bility, or [mental retardation] intellectual disability, as  defined  in
    51  the mental hygiene law, or physical handicap and who became so incapable
    52  prior  to attainment of the age at which dependent coverage would other-
    53  wise terminate and who is chiefly dependent upon such  policyholder  for
    54  support and maintenance, shall not terminate while the policy remains in
    55  force  and  the dependent remains in such condition, if the policyholder
    56  has within thirty-one days of such dependent's attainment of the  limit-

        S. 6793--A                         12
 
     1  ing  age  submitted  proof  of  such dependent's incapacity as described
     2  herein.
     3    (B)  Written  notice  of  entitlement  to a conversion policy shall be
     4  given by the insurer to the policyholder at least fifteen and  not  more
     5  than  sixty days prior to the termination of coverage due to the initial
     6  limiting age of the covered dependent.  Such  notice  shall  include  an
     7  explanation of the rights of the dependent with respect to the dependent
     8  being enrolled in an accredited institution of learning or his incapaci-
     9  ty  for self-sustaining employment by reason of mental illness, develop-
    10  mental disability or [mental  retardation]  intellectual  disability  as
    11  defined in the mental hygiene law or physical handicap.
    12    §  22.  Item (ii) of subparagraph (A) of paragraph 1 of subsection (f)
    13  of section 4235 of the insurance law, as amended by chapter 219  of  the
    14  laws of 2011, is amended to read as follows:
    15    (ii) a policy under which coverage terminates at a specified age shall
    16  not  so terminate with respect to an unmarried child who is incapable of
    17  self-sustaining employment by reason of  mental  illness,  developmental
    18  disability,  [mental retardation] intellectual disability, as defined in
    19  the mental hygiene law, or physical handicap and who became so incapable
    20  prior to attainment of the age at which coverage would otherwise  termi-
    21  nate  and  who  is  chiefly  dependent  upon such employee or member for
    22  support and maintenance, while the insurance of the employee  or  member
    23  remains in force and the child remains in such condition, if the insured
    24  employee or member has within thirty-one days of such child's attainment
    25  of  the  termination  age  submitted proof of such child's incapacity as
    26  described herein.
    27    § 23. Item (ii) of subparagraph (A) of paragraph 1 and paragraph 3  of
    28  subsection (d) of section 4304 of the insurance law, as amended by chap-
    29  ter 219 of the laws of 2011, are amended to read as follows:
    30    (ii)  The  coverage  of  any  such "family contract" shall include any
    31  other unmarried child, regardless of age, who is incapable of  self-sus-
    32  taining  employment by reason of mental illness, developmental disabili-
    33  ty, [mental retardation] intellectual  disability,  as  defined  in  the
    34  mental  hygiene  law,  or  physical handicap and who became so incapable
    35  prior to attainment of the age at which coverage would otherwise  termi-
    36  nate.
    37    (3) Coverage of an unmarried dependent child who is incapable of self-
    38  sustaining  employment  by reason of mental illness, developmental disa-
    39  bility or [mental retardation] intellectual disability,  as  defined  in
    40  the mental hygiene law, or physical handicap and who became so incapable
    41  prior  to attainment of the age at which coverage would otherwise termi-
    42  nate and who is chiefly dependent upon the contract holder  for  support
    43  and maintenance, shall not terminate while the contract remains in force
    44  and  the  child  remains  in  such condition, if the contract holder has
    45  within thirty-one days of such child's attainment of  the  limiting  age
    46  submitted proof of such child's incapacity as described herein.
    47    §  24.  Item (ii) of subparagraph (A) of paragraph 1 of subsection (c)
    48  of section 4305 of the insurance law, as amended by chapter 219  of  the
    49  laws of 2011, is amended to read as follows:
    50    (ii)  a  contract  under  which coverage terminates at a specified age
    51  shall, with respect to an unmarried child who is incapable of  self-sus-
    52  taining  employment by reason of mental illness, developmental disabili-
    53  ty, [mental retardation] intellectual  disability,  as  defined  in  the
    54  mental  hygiene  law,  or  physical handicap and who became so incapable
    55  prior to attainment of the age at which coverage would otherwise  termi-
    56  nate and who is chiefly dependent upon such member for support and main-

        S. 6793--A                         13

     1  tenance,  not  so  terminate while the contract remains in force and the
     2  child remains in such condition, if the  member  has  within  thirty-one
     3  days  of  such child's attainment of the termination age submitted proof
     4  of such child's incapacity as described herein.
     5    § 25. Paragraph a of subdivision 1 of section 35 of the judiciary law,
     6  as  amended  by  chapter  817 of the laws of 1986, is amended to read as
     7  follows:
     8    a. When a court orders a hearing in a proceeding upon a writ of habeas
     9  corpus to inquire into the cause of detention of a person in custody  in
    10  a  state  institution, or when it orders a hearing in a civil proceeding
    11  to commit or transfer a person to or retain him in a  state  institution
    12  when  such person is alleged to be mentally ill, mentally defective or a
    13  narcotic addict, or when it orders a hearing for the commitment  of  the
    14  guardianship and custody of a child to an authorized agency by reason of
    15  the  mental illness or [mental retardation] intellectual disability of a
    16  parent, or when it orders a hearing to determine whether consent to  the
    17  adoption  of  a child shall be required of a parent who is alleged to be
    18  mentally ill or [mentally retarded] intellectually disabled, or when  it
    19  orders  a  hearing  to  determine the best interests of a child when the
    20  parent of the child revokes a consent to the adoption of such child  and
    21  such  revocation  is opposed or in any adoption or custody proceeding if
    22  it determines that assignment of counsel in such cases  is  mandated  by
    23  the  constitution  of  this state or of the United States, the court may
    24  assign counsel to represent such person if it is satisfied  that  he  is
    25  financially unable to obtain counsel. Upon an appeal taken from an order
    26  entered  in  any such proceeding, the appellate court may assign counsel
    27  to represent such person upon the appeal if it is satisfied that  he  is
    28  financially unable to obtain counsel.
    29    §  26. That portion of subdivision 1 of section 5-a of the legislative
    30  law entitled "ASSEMBLYMEN SERVING IN SPECIAL CAPACITY",  as  amended  by
    31  section  3  of  part XX of chapter 56 of the laws of 2009, is amended to
    32  read as follows:
 
    33                   ASSEMBLYMEN SERVING IN SPECIAL CAPACITY
 
    34  Chairman of assembly ways and means committee ................... 34,000
    35  Ranking minority member of assembly ways and means
    36   committee ...................................................... 20,500
    37  Chairman of assembly judiciary committee ........................ 18,000
    38  Ranking minority member of assembly judiciary
    39   committee ...................................................... 11,000
    40  Chairman of assembly codes committee ............................ 18,000
    41  Ranking minority member of assembly codes
    42   committee ...................................................... 11,000
    43  Chairman of assembly banks committee ............................ 15,000
    44  Ranking minority member of assembly banks committee .............. 9,500
    45  Chairman of assembly committee on cities ........................ 15,000
    46  Ranking minority member of assembly committee on cities .......... 9,500
    47  Chairman of assembly education committee ........................ 18,000
    48  Ranking minority member of assembly education committee ......... 11,000
    49  Chairman of assembly health committee ........................... 15,000
    50  Ranking minority member of assembly health committee ............. 9,500
    51  Chairman of assembly local governments committee ................ 15,000
    52  Ranking minority member of assembly local governments
    53   committee ....................................................... 9,500
    54  Chairman of assembly agriculture committee ...................... 12,500

        S. 6793--A                         14
 
     1  Ranking minority member of assembly agriculture committee ........ 9,000
     2  Chairman of assembly economic development, job creation,
     3   commerce and industry committee ................................ 18,000
     4  Ranking minority member of assembly economic development,
     5   job creation, commerce and industry committee .................. 11,000
     6  Chairman of assembly environmental conservation committee ....... 12,500
     7  Ranking minority member of assembly environmental
     8   conservation committee .......................................... 9,000
     9  Chairman of assembly corporations, authorities
    10   and commissions committee ...................................... 15,000
    11  Ranking minority member of assembly corporations,
    12   authorities, and commissions committee .......................... 9,500
    13  Chairman of assembly correction committee ....................... 12,500
    14  Ranking minority member of assembly correction committee ......... 9,000
    15  Chairman of assembly ethics and guidance committee .............. 12,500
    16  Ranking minority member of assembly ethics and guidance
    17   committee ....................................................... 9,000
    18  Chairman of assembly governmental employees committee ........... 12,500
    19  Ranking minority member of assembly governmental
    20   employees committee ............................................. 9,000
    21  Chairman of assembly governmental operations committee .......... 12,500
    22  Ranking minority member of assembly governmental
    23   operations committee ............................................ 9,000
    24  Chairman of assembly housing committee .......................... 12,500
    25  Ranking minority member of assembly housing committee ............ 9,000
    26  Chairman of assembly insurance committee ........................ 12,500
    27  Ranking minority member of assembly insurance committee .......... 9,000
    28  Chairman of assembly labor committee ............................ 14,000
    29  Ranking minority member of assembly labor committee .............. 9,000
    30  Chairman of assembly racing and wagering committee .............. 12,500
    31  Ranking minority member of assembly racing and wagering
    32   committee ....................................................... 9,000
    33  Chairman of assembly social services committee .................. 12,500
    34  Ranking minority member of assembly social services
    35   committee ....................................................... 9,000
    36  Chairman of assembly small business committee ................... 12,500
    37  Ranking minority member of assembly small business
    38   committee ....................................................... 9,000
    39  Chairman of assembly transportation committee ................... 15,000
    40  Ranking minority member of assembly transportation
    41   committee ....................................................... 9,500
    42  Chairman of assembly veterans' affairs committee ................ 12,500
    43  Ranking minority member of assembly veterans' affairs
    44   committee ....................................................... 9,000
    45  Chairman of assembly aging committee ............................ 12,500
    46  Ranking minority member of assembly aging committee .............. 9,000
    47  Chairman of the assembly alcoholism and drug abuse
    48   committee ...................................................... 12,500
    49  Ranking minority member of the assembly
    50   alcoholism and drug abuse committee ............................. 9,000
    51  Chairman of assembly committee on mental health[,
    52   mental retardation and developmental disabilities] ............. 12,500
    53  Ranking minority member of assembly committee on mental health[,
    54   mental retardation and developmental disabilities] .............. 9,000
    55  Chairman of assembly higher education committee ................. 12,500
    56  Ranking minority member of assembly higher education

        S. 6793--A                         15
 
     1   committee ....................................................... 9,000
     2  Chairman of assembly real property taxation committee ........... 12,500
     3  Ranking minority member of assembly real property
     4   taxation committee .............................................. 9,000
     5  Chairman of assembly election law committee ..................... 12,500
     6  Ranking minority member of assembly election
     7   law committee ................................................... 9,000
     8  Chairman of assembly children and families committee ............ 12,500
     9  Ranking minority member of assembly children
    10   and families committee .......................................... 9,000
    11  Chairman of assembly consumer affairs and protection
    12   committee ...................................................... 12,500
    13  Ranking minority member of assembly consumer affairs and
    14   protection committee ............................................ 9,000
    15  Chairman of the assembly energy committee ....................... 12,500
    16  Ranking minority member of assembly energy committee ............. 9,000
    17  Chairman of assembly tourism, parks, arts and sports development
    18   committee ...................................................... 12,500
    19  Ranking minority member of assembly tourism, parks, arts and
    20   sports development committee .................................... 9,000
    21  Chairman of assembly oversight, analysis and investigation
    22   committee ...................................................... 12,500
    23  Ranking minority member of assembly oversight,
    24   analysis and investigation committee ............................ 9,000
    25  Chairman of assembly office of state-federal relations .......... 12,500
    26  Chairman of majority house operations ........................... 12,500
    27  Chairman of minority house operations ............................ 9,000
    28  Co-chairman of the administrative regulations review
    29   commission ..................................................... 12,500
 
    30    §  27.  The  closing  paragraph of section 13.01 of the mental hygiene
    31  law, as added by chapter 168 of the laws of 2010, is amended to read  as
    32  follows:
    33    Any  provisions  of  this article which explicitly or implicitly apply
    34  to, or reference, persons who  are  [mentally  retarded]  intellectually
    35  disabled, shall be deemed to apply to, or reference, persons with devel-
    36  opmental disabilities.
    37    §  28.  The  article  heading  of  article 15 of title C of the mental
    38  hygiene law, as renumbered by chapter  978  of  the  laws  of  1977,  is
    39  amended to read as follows:
    40              ADMISSION OF THE [MENTALLY RETARDED] INTELLECTUALLY
    41                             DISABLED TO SCHOOLS
    42    §  29.  The  seventh  undesignated  paragraph  of section 15.01 of the
    43  mental hygiene law, as added by chapter 78  of  the  laws  of  2000,  is
    44  amended to read as follows:
    45    any  provisions  of  this article which explicitly or implicitly apply
    46  to, or reference, persons who are, or who are alleged to  be,  [mentally
    47  retarded]  intellectually disabled shall be deemed to apply to, or to be
    48  a reference to, persons who are, or who  are  alleged  to  be,  develop-
    49  mentally disabled.
    50    §  30.  The  closing  paragraph of section 16.00 of the mental hygiene
    51  law, as added by chapter 168 of the laws of 2010, is amended to read  as
    52  follows:
    53    Any  provisions  of  this article which explicitly or implicitly apply
    54  to, or reference, persons who  are  [mentally  retarded]  intellectually

        S. 6793--A                         16
 
     1  disabled, shall be deemed to apply to, or reference, persons with devel-
     2  opmental disabilities.
     3    §  31.  Paragraphs  1 and 2 of subdivision (a) of section 41.17 of the
     4  mental hygiene law, as amended by chapter 471 of the laws of  1980,  are
     5  amended to read as follows:
     6    1.  develop standards for admissions to all facilities for the care of
     7  the mentally ill, [mentally retarded] intellectually disabled and devel-
     8  opmentally disabled, and those suffering from the disease of alcoholism,
     9  alcohol abuse, substance abuse or substance dependence  consistent  with
    10  the  requirements  of  articles  nine[,] and fifteen [and twenty-one] of
    11  this chapter taking into account characteristics of clients and  provid-
    12  ers;
    13    2.  develop  standards for discharges from all facilities for the care
    14  of the mentally ill, [mentally  retarded]  intellectually  disabled  and
    15  developmentally  disabled, and those suffering from the disease of alco-
    16  holism, alcohol abuse, substance abuse or  substance  dependence  taking
    17  into  account the availability and adequacy of community residential and
    18  treatment services and the rights of the patient;
    19    § 32. Paragraph (i) of subdivision (b) of section 41.18 of the  mental
    20  hygiene  law,  as amended by chapter 376 of the laws of 1991, is amended
    21  to read as follows:
    22    (i) Local governments shall be granted state aid, in  accordance  with
    23  the  provisions  of  this  subdivision, for approved net operating costs
    24  pursuant to an approved local services plan at the rate of fifty percent
    25  of the amount incurred during  the  local  fiscal  year  by  such  local
    26  governments  and  by  voluntary  agencies pursuant to contract with such
    27  local governments; provided, however, that a local government  having  a
    28  population  of less than two hundred thousand shall be granted state aid
    29  at the rate of seventy-five percent for the first one  hundred  thousand
    30  dollars of its approved net operating costs. Notwithstanding the forego-
    31  ing, local governments shall be granted state aid of one hundred percent
    32  of  the  net  operating  costs expended by such local governments and by
    33  voluntary agencies pursuant to contract with such local governments  for
    34  services  to  [mentally  retarded]  intellectually  disabled or develop-
    35  mentally disabled persons who were patients in a state  facility  for  a
    36  continuous period of five or more years following the first day of Janu-
    37  ary,  nineteen  hundred  sixty-nine,  provided  that  such  services are
    38  rendered in accordance with an approved local services  plan.  Such  one
    39  hundred  percent  state  aid  for services to such persons shall be also
    40  provided to a voluntary agency pursuant to  a  direct  contract  between
    41  such  agency  and  an  office  of  the department whenever such services
    42  provided pursuant to such direct contract  are  rendered  in  accordance
    43  with  an  approved  local  services plan for servicing such clients. For
    44  purposes of determining whether a person has been a patient  in  such  a
    45  facility  for a continuous period of five years or more, if a person who
    46  has been discharged or released  from  such  a  facility  is  thereafter
    47  returned  to  such  a  facility  within  ninety days of the discharge or
    48  release, the period of time between such discharge or release  and  such
    49  return  shall not constitute an interruption of, and shall be counted as
    50  part of, the continuous period.
    51    § 33. Paragraph 1 of subdivision (a) and paragraphs 1 and 2 of  subdi-
    52  vision (c) of section 41.40 of the mental hygiene law, as added by chap-
    53  ter 548 of the laws of 1982, are amended to read as follows:
    54    1. "Respite"  shall  mean  the  provision  of  intermittent  temporary
    55  substitute care of [mentally retarded] intellectually disabled or devel-
    56  opmentally disabled persons on behalf of  and  in  the  absence  of  the

        S. 6793--A                         17
 
     1  parent or legal guardian of the [mentally retarded] intellectually disa-
     2  bled  or  developmentally  disabled person, for the purpose of providing
     3  relief from the stresses of responsibilities concommitant with providing
     4  continued  care. Respite shall not exceed forty-two days in any calendar
     5  year for any individual except where  authorized  by  the  commissioner,
     6  subject to the approval of the director of the budget.
     7    1.  An  analysis  of  the  effectiveness  of  respite in promoting the
     8  continuance of quality care for such [mentally retarded]  intellectually
     9  disabled and developmentally disabled persons.
    10    2.  A  qualitative  and  quantitative  analysis  of  respite  services
    11  rendered by providers herein, together with demographic analysis of  the
    12  families  and  [mentally  retarded]  intellectually disabled or develop-
    13  mentally disabled persons participating in the project and the degree of
    14  disability of participants.
    15    § 34. The article heading of article 75 of the mental hygiene  law  is
    16  amended to read as follows:
    17                COMMUNITY MENTAL HEALTH SERVICES AND [MENTAL
    18                    RETARDATION] INTELLECTUAL DISABILITY
    19                             SERVICES COMPANIES
    20    §  35.  Subdivisions 1, 2 and 4 of section 75.05 of the mental hygiene
    21  law, subdivision 4 as amended by  chapter  570  of  the  laws  1982,  is
    22  amended to read as follows:
    23    1. "Company", "community mental health services company" or "community
    24  [mental retardation] intellectual disability services company". A compa-
    25  ny,  duly  incorporated pursuant to the provisions of the not-for-profit
    26  corporation law and this article, for the purpose of providing  for  the
    27  care,  treatment,  training,  education, and residence of the [mentally]
    28  intellectually disabled, and such facilities as  may  be  incidental  or
    29  appurtenant thereto.
    30    2. "Project", "community mental health services project" or "community
    31  [mental   retardation]  intellectual  disability  services  project".  A
    32  specific work or improvement, including lands, buildings,  improvements,
    33  fixtures,  and  articles  of  personal  property, constructed, acquired,
    34  reconstructed, rehabilitated, managed, owned, or operated by  a  company
    35  pursuant  to  this  article, to provide community residential facilities
    36  for operation as hostels for the [mentally] intellectually  disabled  or
    37  for the care, treatment, training, education of the [mentally] intellec-
    38  tually disabled, or both, including such facilities as may be incidental
    39  or appurtenant thereto.
    40    4. "Project  cost", "community mental health services project cost" or
    41  "community [mental retardation] intellectual disability services project
    42  cost". The sum total of all costs incurred by a company as  approved  by
    43  the  commissioner as reasonable and necessary for carrying out all works
    44  and undertakings and providing all necessary equipment for the  develop-
    45  ment  of  a  project less any portion of any state, federal or municipal
    46  assistance grant, as the commissioner shall, prior to the  making  of  a
    47  mortgage loan by the New York state housing finance agency to a company,
    48  determine  to  be  available to reimburse the company for the payment of
    49  such project costs prior to the initial occupancy of  the  project,  and
    50  all  costs  relating to the refinancing of existing indebtedness associ-
    51  ated with the development of the project which  constitutes  a  lien  or
    52  other  encumbrance  upon  the real property or assets of a company to be
    53  mortgaged or otherwise pledged to the agency. These  shall  include  but
    54  are  not necessarily limited to the carrying charges during construction
    55  up to and including the occupancy date, working  capital  not  exceeding
    56  three  per  centum of the estimated total cost or three percentum of the

        S. 6793--A                         18
 
     1  actual total final cost, whichever is larger, the cost of all  necessary
     2  studies,  surveys, plans and specifications, architectural, engineering,
     3  legal, or other special services, the cost of acquisition  of  land  and
     4  any    improvements   thereon,   site   preparation   and   development,
     5  construction, reconstruction, rehabilitation, improvement and equipment,
     6  including  fixtures,  equipment,  and  articles  of  personal   property
     7  required  for  the  operation of care, treatment, training, educational,
     8  and residential facilities, the reasonable cost of financing incurred by
     9  the company in the course of the development of the project, up  to  and
    10  including  the  occupancy date, the fees imposed by the commissioner and
    11  by the New York state housing finance agency; other  fees  charged,  and
    12  necessary  expenses incurred in connection with the initial occupancy of
    13  the project, and the cost of such other items as  the  commissioner  may
    14  determine  to  be  reasonable  and  necessary  for  the development of a
    15  project, less any and all rents and other net revenues from  the  opera-
    16  tion  of  the  real  property,  improvements or personal property on the
    17  project site, or any part thereof, by the company on and after the  date
    18  on which the contract between the company and the New York state housing
    19  finance agency was entered into and prior to the occupancy date.
    20    §  36.  Subdivision  1  of  section  2581 of the public health law, as
    21  amended by chapter 231 of the laws  of  2010,  is  amended  to  read  as
    22  follows:
    23    1. "Children with physical disabilities" means any persons under twen-
    24  ty-one  years of age who are disabled by reason of a defect or disabili-
    25  ty, whether congenital or acquired by accident, injury, or  disease,  or
    26  who  are suffering from long-term disease, including, but without limit-
    27  ing the generality  of  the  foregoing,  chronic  granulomatous,  cystic
    28  fibrosis, epidermolysis bullosa, muscular dystrophy, nephrosis, rheumat-
    29  ic fever and rheumatic heart disease, blood dyscrasies, cancer, lymphat-
    30  ic  diseases,  including, but not limited to: insufficiency of lymphatic
    31  circulatory function (to include all forms of lymphedema,  both  primary
    32  and  secondary);  lipedema;  complex  vascular diseases of the lymphatic
    33  vasculature,  including  lymphangiomatosis,   lymphangioleio-myomatosis,
    34  lymphangiectasias,  lymphangiomas,  cystic  hygromas,  Gorham's disease,
    35  lymphangiosarcoma,  and  complex  vascular/lymphatic  malformations  and
    36  syndromes,  brain  injured,  and  chronic asthma, or from any disease or
    37  condition likely to result in a disability in the absence of  treatment,
    38  provided,  however,  no  child  shall be deprived of a service under the
    39  provisions of this chapter solely  because  of  the  degree  of  [mental
    40  retardation] intellectual disability.
    41    §  37. The opening paragraph of subdivision 3 of section 2994-b of the
    42  public health law, as amended by chapter 708 of the  laws  of  2019,  is
    43  amended to read as follows:
    44    Prior to seeking or relying upon a health care decision by a surrogate
    45  for  a  patient  under  this  article, if the attending practitioner has
    46  reason to believe that the patient has a history of  receiving  services
    47  for  [mental  retardation] an intellectual disability or a developmental
    48  disability; it reasonably appears to the attending practitioner that the
    49  patient has [mental retardation] an intellectual disability or a  devel-
    50  opmental  disability; or the practitioner has reason to believe that the
    51  patient has been transferred from a mental hygiene facility operated  or
    52  licensed  by  the  office  of  mental health, then such physician, nurse
    53  practitioner or physician assistant shall  make  reasonable  efforts  to
    54  determine  whether  paragraphs  (a),  (b) or (c) of this subdivision are
    55  applicable:

        S. 6793--A                         19

     1    § 38. The section heading and subdivision  1  of  section  34  of  the
     2  public  lands  law,  as  amended by chapter 703 of the laws of 1994, are
     3  amended to read as follows:
     4    Transfer  of  unappropriated  state  lands  for mental health, [mental
     5  retardation]  intellectual  disability,  park,  recreation,  playground,
     6  reforestation,  street  or  highway  purposes.  1.  Such commissioner of
     7  general services may, from time to time, transfer and convey to a  city,
     8  incorporated  village, town or county, in consideration of one dollar to
     9  be paid to the state of New York, and on such terms  and  conditions  as
    10  such  commissioner may impose, a part or all of any parcel or parcels of
    11  unappropriated state  lands  upon  certification  that  such  parcel  or
    12  parcels  are useful for local mental health facilities, [mental retarda-
    13  tion] intellectual disability facilities, park, recreation,  playground,
    14  reforestation, street or highway purposes, and that they will be proper-
    15  ly improved and maintained for one or more of such purposes and provided
    16  that this disposition of such parcel or parcels is not otherwise prohib-
    17  ited.  Certification  shall  be  evidenced  by a formal request from the
    18  board of estimate, common council, village board, town board  or  county
    19  board  of  supervisors, setting forth in detail the parcel or parcels to
    20  be released, transferred and conveyed and the availability  and  useful-
    21  ness  of such parcel or parcels for one or more of such purposes. In the
    22  city of New York however, certification shall be evidenced by  a  formal
    23  request  from  the  mayor. In the event that lands transferred under the
    24  provisions of this section are not properly improved and maintained  for
    25  one  or  more  of the purposes contemplated by this section by the city,
    26  village, town or county to which they were transferred, the title there-
    27  to shall revert to the people of the state of New York, and  the  attor-
    28  ney-general  may institute an action in the supreme court for a judgment
    29  declaring a revesting of such title in the state. Such commissioner  may
    30  also  transfer  any  unappropriated  state lands to the office of parks,
    31  recreation and historic preservation or the department of  environmental
    32  conservation,  upon the application of the commissioner thereof indicat-
    33  ing that such unappropriated state lands are  required  for  state  park
    34  purposes within the area of jurisdiction of such office or department.
    35    §  39. Subdivision 8 of section 41 of the private housing finance law,
    36  as amended by chapter 264 of the laws of 1970, is  amended  to  read  as
    37  follows:
    38    8.  Prompt  provision  of new and improved community mental health and
    39  [mental retardation] intellectual disability facilities is required  for
    40  the  care  and  treatment  of the increasing number of persons afflicted
    41  with mental illness,  mental  deficiencies,  epilepsy  and  behavior  or
    42  emotional disorders; that such facilities should be located close to the
    43  people  they  serve in order to speed rehabilitation and restoration and
    44  to provide for out-patient and in-patient care,  including  after  care,
    45  diagnostic  and  rehabilitative  services and residential accommodations
    46  for operation as hostels; that it is the policy of the state to  promote
    47  the  provision  of such community mental health and [mental retardation]
    48  intellectual disability facilities; that there is a need for  non-profit
    49  corporations  to  construct low cost community mental health and [mental
    50  retardation] intellectual disability facilities. In order  to  encourage
    51  the  investment  of  private capital in such community mental health and
    52  [mental retardation] intellectual disability facilities, and  to  assure
    53  the  expeditious  completion of such community mental health and [mental
    54  retardation] intellectual disability  facilities,  the  New  York  state
    55  housing  finance agency should be empowered, through the issuance of its
    56  bonds, notes or other obligations to the private  investing  public,  to

        S. 6793--A                         20
 
     1  obtain funds necessary to make mortgage loans, at low interest rates, to
     2  non-profit   corporations  for  the  construction,  acquisition,  recon-
     3  struction, rehabilitation or  improvement  of  such  mental  health  and
     4  [mental retardation] intellectual disability facilities.
     5    §  40.  Subdivisions  6-d,  14,  and 14-a of section 42 of the private
     6  housing finance law, subdivision 6-d as added by chapter 380 of the laws
     7  of 1972, subdivision 14 as amended by chapter 281 of the laws  of  1970,
     8  and  subdivision  14-a  as added by chapter 570 of the laws of 1982, are
     9  amended to read as follows:
    10    6-d. "Mortgage loan" shall also mean a loan made by the  agency  to  a
    11  company  incorporated pursuant to the provisions of [article eight-B of]
    12  the mental hygiene law and the  not-for-profit  corporation  law  in  an
    13  amount  not to exceed the total community mental health services project
    14  cost or community [mental retardation] intellectual disability  services
    15  project  cost, and secured by a first mortgage lien on the real property
    16  of which the community  mental  health  services  project  or  community
    17  [mental  retardation]  intellectual disability services project consists
    18  and the personal property attached to or used  in  connection  with  the
    19  construction,  acquisition,  reconstruction, rehabilitation, improvement
    20  or operation of the community mental health services project or communi-
    21  ty  [mental  retardation]  intellectual  disability  services   project.
    22  "Community  mental health services company," "community [mental retarda-
    23  tion]  intellectual  disability  services  company,"  "community  mental
    24  health services project cost," "community [mental retardation] intellec-
    25  tual   disability  services  project  cost,"  "community  mental  health
    26  services project" and "community [mental retardation] intellectual disa-
    27  bility services project" shall mean  community  mental  health  services
    28  company, community [mental retardation] intellectual disability services
    29  company,  community  mental  health  services  project  cost,  community
    30  [mental retardation]  intellectual  disability  services  project  cost,
    31  community  mental health services project and community [mental retarda-
    32  tion] intellectual disability services project, respectively, as defined
    33  in [article eight-B of] the mental hygiene law.
    34    14. "Community mental health services and [mental retardation]  intel-
    35  lectual  disability services project bonds" and "community mental health
    36  services  and  [mental  retardation]  intellectual  disability  services
    37  project  notes"  shall mean bonds and notes, respectively, issued by the
    38  agency for the purposes of making mortgage loans to  companies  incorpo-
    39  rated  pursuant  to  the  not-for-profit  corporation  law  and [article
    40  eight-B of] the mental hygiene law, paying interest on  such  bonds  and
    41  notes,  establishing reserves to secure such bonds and notes, and paying
    42  of all other expenditures of the agency incident  to  and  necessary  or
    43  convenient for the making of such mortgage loans.
    44    14-a.  "Community  mental  health  services  and  [mental retardation]
    45  intellectual disability services project revenue bonds"  and  "community
    46  mental  health services and [mental retardation] intellectual disability
    47  services project revenue notes" shall mean bonds and notes,  respective-
    48  ly,  issued  by  the  agency for the purpose of making mortgage loans to
    49  companies incorporated pursuant to the  not-for-profit  corporation  law
    50  and  article  seventy-five of the mental hygiene law, paying interest on
    51  such bonds and notes, establishing reserves to  secure  such  bonds  and
    52  notes,  and  paying  of all other expenditures of the agency incident to
    53  and necessary or convenient for the making of such mortgage loans.
    54    § 41. Paragraphs (a) and (d) of subdivision 15 of section  44  of  the
    55  private  housing  finance  law, as amended by chapter 195 of the laws of
    56  1973, are amended to read as follows:

        S. 6793--A                         21
 
     1    (a) Subject to the approval of the commissioner and to the  provisions
     2  of any contract with noteholders or bondholders, except with any holders
     3  of  hospital and nursing home project bonds or notes or youth facilities
     4  project bonds or notes, or community mental health services and  [mental
     5  retardation]  intellectual  disability  services project bonds or notes,
     6  whenever it deems it necessary or desirable in the  fulfillment  of  the
     7  purposes  of  this article, to consent to the modification, with respect
     8  to rate of interest, time of payment of any installment of principal  or
     9  interest,  security,  or any other term, of any mortgage, mortgage loan,
    10  mortgage loan commitment, contract or agreement of any kind to which the
    11  agency is a party, except such mortgages, mortgage loans, mortgage  loan
    12  commitments,  contracts or agreements as may have been entered into with
    13  hospital corporations which are eligible borrowers as defined in article
    14  twenty-eight-B of the public health law, nursing home companies or  non-
    15  profit  corporations  which  are  eligible borrowers as defined in title
    16  five-A of article six of the social services law or  companies  incorpo-
    17  rated  pursuant to the not-for-profit corporation law and article seven-
    18  ty-five of the mental hygiene law;
    19    (d) Subject to the provisions of any contract with holders of communi-
    20  ty mental health services and [mental retardation] intellectual disabil-
    21  ity services project bonds or notes, whenever it deems it  necessary  or
    22  desirable in the fulfillment of the purposes of this article, to consent
    23  to  the  modification, with respect to rate of interest, time of payment
    24  of any installment of principal or interest, security, or any other term
    25  of any mortgage, mortgage loan, mortgage loan  commitment,  contract  or
    26  agreement  of  any  kind  between  the agency and a company incorporated
    27  pursuant to the not-for-profit corporation law and article  seventy-five
    28  of the mental hygiene law.
    29    §  42.  Subdivisions  1  and  2  of  section 47 of the private housing
    30  finance law, as amended by chapter 215 of the laws  of  1990,  paragraph
    31  (c)  of subdivision 1 as amended by chapter 232 of the laws of 2021, are
    32  amended to read as follows:
    33    1. (a) The agency shall create and establish a  special  fund  (herein
    34  referred  to  as  capital reserve fund), and shall pay into such capital
    35  reserve fund (1) any monies appropriated and made available by the state
    36  for the purposes of such fund, (2) any proceeds  of  sale  of  notes  or
    37  bonds other than state university construction notes or state university
    38  construction  bonds,  equity  notes  or equity bonds, non-profit project
    39  notes or non-profit project bonds, hospital  and  nursing  home  project
    40  notes  or  hospital and nursing home project bonds, urban rental project
    41  notes or urban rental project bonds, health facilities notes  or  health
    42  facilities  bonds,  youth  facilities  project notes or youth facilities
    43  project bonds, community mental health services and [mental retardation]
    44  intellectual disability  services  project  notes  or  community  mental
    45  health   services   and  [mental  retardation]  intellectual  disability
    46  services project bonds, community senior citizens services project notes
    47  or community senior citizens  services  project  bonds,  mental  hygiene
    48  improvement  notes or mental hygiene improvement bonds and revenue hous-
    49  ing bonds, and bonds and notes for the housing  program  to  the  extent
    50  provided in the resolution of the agency authorizing the issuance there-
    51  of,  and  (3) any other moneys which may be made available to the agency
    52  for the purpose of such fund from  any  other  source  or  sources.  All
    53  moneys held in the capital reserve fund, except as hereinafter provided,
    54  shall  be  used  solely for the payment of the principal of bonds of the
    55  agency other than state university  construction  bonds,  equity  bonds,
    56  non-profit project bonds, hospital and nursing home project bonds, urban

        S. 6793--A                         22
 
     1  rental  project bonds, health facilities bonds, youth facilities project
     2  bonds, community mental health services and [mental retardation]  intel-
     3  lectual  disability  services  project  bonds, community senior citizens
     4  services  project  bonds,  mental  hygiene improvement bonds and revenue
     5  housing bonds, and bonds and notes for the housing program as  the  same
     6  mature,  required  payments  to any sinking fund established in a resol-
     7  ution of the agency for the  amortization  of  term  bonds  (hereinafter
     8  referred  to  as "sinking fund payments"), the purchase or redemption of
     9  bonds of the agency other  than  state  university  construction  bonds,
    10  equity  bonds,  non-profit  project  bonds,  hospital  and  nursing home
    11  project bonds, urban rental  project  bonds,  health  facilities  bonds,
    12  youth  facilities  project  bonds,  community mental health services and
    13  [mental retardation] intellectual  disability  services  project  bonds,
    14  community   senior  citizens  services  project  bonds,  mental  hygiene
    15  improvement bonds and revenue housing bonds, and bonds and notes for the
    16  housing program the payment of interest on such bonds of the  agency  or
    17  the  payment  of  any  redemption  premium required to be paid when such
    18  bonds are redeemed prior to maturity; provided, however, that monies  in
    19  such fund shall not be withdrawn therefrom at any time in such amount as
    20  would  reduce the amount of such fund to less than the maximum amount of
    21  principal and interest  maturing  and  becoming  due  and  sinking  fund
    22  payments  required  to  be  made  in any succeeding calendar year on all
    23  bonds of  the  agency  then  outstanding  other  than  state  university
    24  construction bonds, equity bonds, non-profit project bonds, hospital and
    25  nursing  home  project bonds, urban rental project bonds, health facili-
    26  ties bonds, youth facilities  project  bonds,  community  mental  health
    27  services  and  [mental  retardation]  intellectual  disability  services
    28  project bonds, community senior citizens services project bonds,  mental
    29  hygiene  improvement bonds and revenue housing bonds and bonds and notes
    30  for the housing program, except for the purpose of paying principal  of,
    31  interest  and  sinking  fund  payments becoming due on such bonds of the
    32  agency maturing and becoming due and for  the  payment  of  which  other
    33  moneys  of the agency are not available. For the purposes of this subdi-
    34  vision one, in computing the maximum amount of principal maturing  at  a
    35  single future date (herein called "term bonds") in any succeeding calen-
    36  dar  year, the principal amount of any such term bonds which are subject
    37  to mandatory redemption prior  to  such  future  date  by  sinking  fund
    38  payments  shall not be included in the computation determining the maxi-
    39  mum amount of principal maturing in said  future  year.  Any  income  or
    40  interest earned by, or increment to, the capital reserve fund due to the
    41  investment  thereof  may  be  transferred  by  the agency to the general
    42  reserve fund or other fund of the agency  to  the  extent  it  does  not
    43  reduce  the  amount of the capital reserve fund below the maximum amount
    44  of principal and interest maturing and becoming  due  and  sinking  fund
    45  payments required to be made in any succeeding calendar year on all such
    46  bonds  of  the  agency  then  outstanding  other  than  state university
    47  construction bonds, equity bonds, non-profit project bonds, hospital and
    48  nursing home project bonds, urban rental project bonds,  health  facili-
    49  ties  bonds,  youth  facilities  project  bonds, community mental health
    50  services  and  [mental  retardation]  intellectual  disability  services
    51  project  bonds, community senior citizens services project bonds, mental
    52  hygiene improvement bonds and revenue housing bonds and bonds and  notes
    53  for the housing program.
    54    (b)  The  agency  shall  not  issue  bonds other than state university
    55  construction bonds, equity bonds, non-profit project bonds, hospital and
    56  nursing home project bonds, urban rental project bonds,  health  facili-

        S. 6793--A                         23
 
     1  ties  bonds,  youth  facilities  project  bonds, community mental health
     2  services  and  [mental  retardation]  intellectual  disability  services
     3  project  bonds, community senior citizens services project bonds, mental
     4  hygiene  improvement bonds and revenue housing bonds and bonds and notes
     5  for the housing program at any time secured by the capital reserve  fund
     6  if  the  maximum  amount of principal and interest maturing and becoming
     7  due and sinking fund payments required to be made in a succeeding calen-
     8  dar year on such bonds then to be issued and on all other bonds  of  the
     9  agency  then outstanding other than state university construction bonds,
    10  equity bonds,  non-profit  project  bonds,  hospital  and  nursing  home
    11  project  bonds,  urban  rental  project  bonds, health facilities bonds,
    12  youth facilities project bonds, community  mental  health  services  and
    13  [mental  retardation]  intellectual  disability  services project bonds,
    14  community  senior  citizens  services  project  bonds,  mental   hygiene
    15  improvement  bonds and revenue housing bonds and bonds and notes for the
    16  housing program will exceed the amount of the capital  reserve  fund  at
    17  the  time of issuance unless the agency, at the time of issuance of such
    18  bonds, shall deposit in such fund from the proceeds of the bonds  so  to
    19  be  issued, or otherwise, an amount which, together with the amount then
    20  in such fund, will be not less than the maximum amount of principal  and
    21  interest maturing and becoming due and sinking fund payments required to
    22  be  made in any succeeding calendar year on such bonds then to be issued
    23  and on all other bonds of the agency then outstanding other  than  state
    24  university  construction  bonds, equity bonds, non-profit project bonds,
    25  hospital and nursing home project bonds,  urban  rental  project  bonds,
    26  health  facilities  bonds,  youth  facilities  project  bonds, community
    27  mental health services and [mental retardation] intellectual  disability
    28  services  project  bonds,  community  senior  citizens  services project
    29  bonds, mental hygiene improvement bonds and revenue  housing  bonds  and
    30  bonds and notes for the housing program.
    31    (c)  The  agency  shall  not  issue  bonds  and notes other than state
    32  university construction bonds and state university  construction  notes,
    33  hospital  and  nursing  home project bonds and hospital and nursing home
    34  project notes, health facilities  bonds  and  health  facilities  notes,
    35  youth  facilities  project  bonds  and  youth  facilities project notes,
    36  community mental health services and [mental  retardation]  intellectual
    37  disability  services  project bonds and community mental health services
    38  and [mental retardation] intellectual disability services project notes,
    39  community senior citizens services project  notes  or  community  senior
    40  citizens services project bonds and mental hygiene improvement bonds and
    41  mental  hygiene  improvement  notes  and bonds and notes for the housing
    42  program for any of its corporate  purposes  in  an  aggregate  principal
    43  amount  exceeding thirty-one billion two hundred eighty million dollars,
    44  excluding bonds and notes issued to refund outstanding bonds and notes.
    45    (d) To assure the continued operation and solvency of the  agency  for
    46  the  carrying  out  of the public purposes of this article, provision is
    47  made in paragraph (a) of this subdivision for the  accumulation  in  the
    48  capital reserve fund of an amount equal to the maximum amount of princi-
    49  pal  and  interest  maturing  and becoming due and sinking fund payments
    50  required to be made in any succeeding calendar year on all bonds of  the
    51  agency  then outstanding other than state university construction bonds,
    52  equity bonds,  non-profit  project  bonds,  hospital  and  nursing  home
    53  project  bonds,  urban  rental  project  bonds, health facilities bonds,
    54  youth facilities project bonds, community  mental  health  services  and
    55  [mental  retardation]  intellectual  disability  services project bonds,
    56  community  senior  citizens  services  project  bonds,  mental   hygiene

        S. 6793--A                         24
 
     1  improvement  bonds and revenue housing bonds and bonds and notes for the
     2  housing program. In order further to  assure  such  maintenance  of  the
     3  capital  reserve  fund,  there shall be annually apportioned and paid to
     4  the  agency for deposit in the capital reserve fund such sum, if any, as
     5  shall be certified by the chairman of the agency  to  the  governor  and
     6  director  of the budget as necessary to restore the capital reserve fund
     7  to an amount equal to the  maximum  amount  of  principal  and  interest
     8  maturing  and becoming due and sinking fund payments required to be made
     9  in any succeeding  calendar  year  on  the  bonds  of  the  agency  then
    10  outstanding  other  than  state  university  construction  bonds, equity
    11  bonds, non-profit project  bonds,  hospital  and  nursing  home  project
    12  bonds, urban rental project bonds, health facilities bonds, youth facil-
    13  ities project bonds, community mental health services and [mental retar-
    14  dation] intellectual disability services project bonds, community senior
    15  citizens  services  project  bonds, mental hygiene improvement bonds and
    16  revenue housing bonds and bonds and notes for the housing program.   The
    17  chairman of the agency shall annually, on or before December first, make
    18  and  deliver  to the governor and director of the budget his certificate
    19  stating the amount, if any, required to restore the capital reserve fund
    20  to the amount aforesaid and the amount  so  stated,  if  any,  shall  be
    21  apportioned  and paid to the agency during the then current state fiscal
    22  year. The principal amount of bonds secured by the capital reserve  fund
    23  to  which state funds are apportionable pursuant to this paragraph shall
    24  be limited to the total amount of bonds and  notes  outstanding  on  the
    25  effective  date  of  this  act, plus the total amount of bonds and notes
    26  contracted after the effective date of this act to finance  projects  in
    27  progress on the effective date of this act as determined by the New York
    28  state public authorities control board created pursuant to section fifty
    29  of  the  public authorities law whose affirmative determination shall be
    30  conclusive as to all matters of law and fact solely for the purposes  of
    31  the  limitations  contained in this paragraph, but in no event shall the
    32  total amount of bonds so secured by such a capital reserve fund or funds
    33  exceed three  hundred  thirty-eight  million  dollars,  excluding  bonds
    34  issued  to refund such outstanding bonds until the date of redemption of
    35  such outstanding bonds. As outstanding bonds so secured  are  paid,  the
    36  amount  so  secured  shall  be reduced accordingly but the redemption of
    37  such outstanding bonds from the proceeds of refunding  bonds  shall  not
    38  reduce the amount so secured.
    39    (e)  In  computing  the  amount  of  the  capital reserve fund for the
    40  purposes of this section, securities in which all or a portion  of  such
    41  fund  shall  be  invested shall be valued at par or if purchased at less
    42  than par, at their cost to the agency.
    43    2. The agency shall  create  and  establish  a  special  fund  (herein
    44  referred  to  as  general reserve fund) and shall pay into such fund all
    45  fees and charges collected by the agency pursuant to  paragraph  (a)  of
    46  subdivision  eleven of section forty-four of this article, or otherwise,
    47  other than fees and charges collected in connection with the  making  of
    48  mortgage loans (or commitments therefor) to mutual companies, non-profit
    49  companies, urban rental companies or community development corporations,
    50  and  any monies which the agency shall transfer from the capital reserve
    51  fund pursuant to the provisions of paragraph (a) of subdivision  one  of
    52  this  section.  Such  monies  and any other monies paid into the general
    53  reserve fund may, in the discretion of the agency but subject to  agree-
    54  ments  with  bondholders  and noteholders, be used by the agency (a) for
    55  the repayment  of  advances  from  the  state  in  accordance  with  the
    56  provisions  of  repayment agreements between the agency and the director

        S. 6793--A                         25
 
     1  of the budget, (b) to reimburse the division of  housing  and  community
     2  renewal  the  reasonable  costs of the services performed by the commis-
     3  sioner of housing and community renewal  and  division  of  housing  and
     4  community renewal pursuant to section fifty-five of this article, (c) to
     5  pay  all  costs,  expenses  and charges of financing, including fees and
     6  expenses of trustees and paying agents, (d) for transfers to the capital
     7  reserve fund, (e) for the payment of the principal of  and  interest  on
     8  bonds  or  notes other than state university construction bonds or state
     9  university construction notes, equity bonds or equity notes,  non-profit
    10  project  bonds  or  non-profit  project notes, hospital and nursing home
    11  project bonds or hospital and nursing home project notes,  urban  rental
    12  project  bonds or urban rental project notes, health facilities bonds or
    13  health facilities notes, youth facilities project bonds or youth facili-
    14  ties project notes, community mental health services and [mental  retar-
    15  dation]  intellectual  disability  services  project  bonds or community
    16  mental health services and [mental retardation] intellectual  disability
    17  services project notes, community senior citizens services project notes
    18  or  community  senior  citizens  services  project bonds, mental hygiene
    19  improvement bonds or mental hygiene improvement notes and revenue  hous-
    20  ing  bonds  and  bonds  and  notes for the housing program issued by the
    21  agency when the same shall become due whether at maturity or on call for
    22  redemption and for the payment of any redemption premium required to  be
    23  paid  where such bonds or notes are redeemed prior to their stated matu-
    24  rities, and to purchase bonds  or  notes  other  than  state  university
    25  construction  bonds or state university construction notes, equity bonds
    26  or equity notes, non-profit project bonds or non-profit  project  notes,
    27  hospital  and  nursing  home  project bonds or hospital and nursing home
    28  project notes, urban rental project bonds or urban rental project notes,
    29  health facilities bonds or health  facilities  notes,  youth  facilities
    30  project bonds or youth facilities project notes, community mental health
    31  services  and  [mental  retardation]  intellectual  disability  services
    32  project bonds or community mental health services and  [mental  retarda-
    33  tion]  intellectual  disability services project notes, community senior
    34  citizens services project notes or community  senior  citizens  services
    35  project  bonds,  mental  hygiene  improvement  bonds  or  mental hygiene
    36  improvement notes and revenue housing bonds and bonds and notes for  the
    37  housing  program  issued  by the agency, or (f) for such other corporate
    38  purposes of the agency as the agency in its discretion  shall  determine
    39  and provide.
    40    §  43.  Subdivisions  12  and  13 of section 47 of the private housing
    41  finance law, subdivision 12 as added by chapter 1034 of the laws of 1969
    42  and as renumbered by chapter 48 of the laws of 1970, paragraphs (a)  and
    43  (d)  of  subdivision  12  as amended by chapter 365 of the laws of 1973,
    44  paragraphs (b) and (c) of subdivision 12 as amended by chapter 38 of the
    45  laws of 1976, and subdivision 13 as amended by chapter 195 of  the  laws
    46  of 1973, are amended to read as follows:
    47    12. (a) The agency may create and establish a special fund to be known
    48  as community mental health services and [mental retardation] intellectu-
    49  al  disability  services  capital  reserve  fund  and  may pay into such
    50  reserve funds (1) any monies appropriated  and  made  available  by  the
    51  state for the purposes of such funds, (2) any proceeds of sale of commu-
    52  nity  mental health services and [mental retardation] intellectual disa-
    53  bility services project notes or community mental  health  services  and
    54  [mental  retardation] intellectual disability services project bonds, to
    55  the extent provided in the resolution  of  the  agency  authorizing  the
    56  issuance  thereof,  and (3) any other monies which may be made available

        S. 6793--A                         26
 
     1  to the agency for the purposes of such accounts from any other source or
     2  sources. The monies held in or credited  to  the  capital  reserve  fund
     3  established under this subdivision except as hereinafter provided, shall
     4  be  used  solely for the payment of principal of community mental health
     5  services  and  [mental  retardation]  intellectual  disability  services
     6  project  bonds  of  the agency secured by such reserve fund, as the same
     7  mature, the purchase  of  such  community  mental  health  services  and
     8  [mental  retardation]  intellectual disability services project bonds of
     9  the agency, the payment of interest  on  such  community  mental  health
    10  services  and  [mental  retardation]  intellectual  disability  services
    11  project bonds of the agency, or the payment of  any  redemption  premium
    12  required  to  be  paid  when  such bonds are redeemed prior to maturity;
    13  provided, however, that monies in any such fund shall not  be  withdrawn
    14  therefrom  at any time in such amount as would reduce the amount of such
    15  fund to less than the maximum amount of principal and interest  maturing
    16  and becoming due in any succeeding calendar year on the community mental
    17  health   services   and  [mental  retardation]  intellectual  disability
    18  services project bonds of the agency then  outstanding  and  secured  by
    19  such reserve fund, except for the purpose of paying principal and inter-
    20  est  on community mental health services and [mental retardation] intel-
    21  lectual disability services project bonds of the agency secured by  such
    22  reserve  fund  maturing  and  becoming  due and for the payment of which
    23  other monies of the agency are not available.  Any  income  or  interest
    24  earned  by,  or  increment to, any such community mental health services
    25  and  [mental  retardation]  intellectual  disability  services   capital
    26  reserve  fund  due  to  the investment thereof may be transferred to the
    27  community mental health services and [mental  retardation]  intellectual
    28  disability services general reserve fund or other fund of the agency, to
    29  the extent it does not reduce the amount of such community mental health
    30  services and [mental retardation] intellectual disability services capi-
    31  tal  reserve  fund  below  the  maximum amount of principal and interest
    32  maturing and becoming due in any succeeding calendar year on all  commu-
    33  nity  mental health services and [mental retardation] intellectual disa-
    34  bility services project bonds of the agency then outstanding and secured
    35  by such reserve fund.
    36    (b) The agency shall not issue community mental  health  services  and
    37  [mental  retardation] intellectual disability services project bonds and
    38  notes in an aggregate principal amount  exceeding  one  hundred  million
    39  dollars  excluding community mental health services and [mental retarda-
    40  tion] intellectual  disability  services  project  bonds  and  community
    41  mental  health services and [mental retardation] intellectual disability
    42  services project notes issued to  refund  outstanding  community  mental
    43  health   services   and  [mental  retardation]  intellectual  disability
    44  services project bonds and community mental health services and  [mental
    45  retardation]  intellectual  disability services project notes, nor shall
    46  it issue community  mental  health  services  and  [mental  retardation]
    47  intellectual  disability  services  project bonds at any time secured by
    48  the community mental health services and [mental retardation]  intellec-
    49  tual  disability  services capital reserve fund if the maximum amount of
    50  principal and interest maturing and becoming due in a succeeding  calen-
    51  dar  year  on  the community mental health services and [mental retarda-
    52  tion] intellectual disability services  project  bonds  outstanding  and
    53  then  to  be  issued and secured by the community mental health services
    54  and  [mental  retardation]  intellectual  disability  services   capital
    55  reserve  fund will exceed the amount of such reserve fund at the time of
    56  issuance, unless the agency, at the time  of  issuance  of  such  bonds,

        S. 6793--A                         27

     1  shall  deposit in such reserve fund from the proceeds of the bonds so to
     2  be issued, or otherwise, an amount which together with the  amount  then
     3  in  such reserve fund, will be not less than the maximum amount of prin-
     4  cipal  and interest maturing and becoming due in any succeeding calendar
     5  year on the community mental health services  and  [mental  retardation]
     6  intellectual  disability services project bonds then to be issued and on
     7  all other community mental  health  services  and  [mental  retardation]
     8  intellectual  disability  services  project  bonds  of  the  agency then
     9  outstanding and secured by such reserve fund.
    10    (c) To assure the continued operation and solvency of the  agency  for
    11  the  carrying  out  of  the public purposes of this article provision is
    12  made in paragraph (a) of this subdivision for the  accumulation  in  the
    13  community  mental  health services and [mental retardation] intellectual
    14  disability services capital reserve fund of an amount equal to the maxi-
    15  mum amount of principal and interest maturing and becoming  due  in  any
    16  succeeding  calendar  year  on  all community mental health services and
    17  [mental retardation] intellectual disability services project  bonds  of
    18  the  agency then outstanding and secured by such reserve fund.  In order
    19  further to assure  the  maintenance  of  such  community  mental  health
    20  services and [mental retardation] intellectual disability services capi-
    21  tal  reserve  fund,  there shall be annually apportioned and paid to the
    22  agency for deposit in such community mental health services and  [mental
    23  retardation]  intellectual disability services capital reserve fund such
    24  sum, if any, as shall be certified by the chairman of the agency to  the
    25  governor and director of the budget as necessary to restore such reserve
    26  fund  to an amount equal to the maximum amount of principal and interest
    27  maturing and becoming due in any succeeding calendar year on the  commu-
    28  nity  mental health services and [mental retardation] intellectual disa-
    29  bility services project bonds of the agency then outstanding and secured
    30  by such reserve fund. The chairman of the agency shall annually,  on  or
    31  before  December first, make and deliver to the governor and director of
    32  the budget his certificate stating the sums, if any, required to restore
    33  such community mental health services and [mental retardation] intellec-
    34  tual disability services capital reserve fund to the  amount  aforesaid,
    35  and  the sums so certified, if any, shall be apportioned and paid to the
    36  agency during the then current state fiscal year. The  principal  amount
    37  of  bonds  secured  by  the community mental health services and [mental
    38  retardation] intellectual disability services capital  reserve  fund  to
    39  which  state funds are apportionable pursuant to this paragraph shall be
    40  limited to the total amount of bonds and notes outstanding on the effec-
    41  tive date of this  act,  plus  the  total  amount  of  bonds  and  notes
    42  contracted  after  the effective date of this act to finance projects in
    43  progress on the effective date of this act as determined by the New York
    44  state public authorities control board created pursuant to section fifty
    45  of the public authorities law whose affirmative determination  shall  be
    46  conclusive  as to all matters of law and fact solely for the purposes of
    47  the limitations contained in this paragraph, but in no event  shall  the
    48  total amount of bonds so secured by such a capital reserve fund or funds
    49  exceed  thirteen  million dollars, excluding bonds issued to refund such
    50  outstanding bonds until the  date  of  redemption  of  such  outstanding
    51  bonds.  As  outstanding bonds so secured are paid, the amount so secured
    52  shall be reduced accordingly but  the  redemption  of  such  outstanding
    53  bonds  from  the proceeds of refunding bonds shall not reduce the amount
    54  so secured.
    55    (d) In computing any community  mental  health  services  and  [mental
    56  retardation]  intellectual  disability services capital reserve fund for

        S. 6793--A                         28
 
     1  the purposes of this section, securities in which all or  a  portion  of
     2  such  reserve fund shall be invested shall be valued at par if purchased
     3  at par, or if purchased at other than par, at amortized value.
     4    13.  The  agency  shall  create  and  establish a special fund (herein
     5  referred to as community mental health services and [mental retardation]
     6  intellectual disability services general reserve  fund)  and  shall  pay
     7  into  such fund all fees and charges collected by the agency pursuant to
     8  paragraph (c) of subdivision eleven of section forty-four of this  arti-
     9  cle  and  any  monies which the agency shall transfer from the community
    10  mental health services and [mental retardation] intellectual  disability
    11  services  capital  reserve  fund pursuant to the provisions of paragraph
    12  (a) of subdivision ten of this section. Such monies and any other monies
    13  paid into the community mental health services and [mental  retardation]
    14  intellectual  disability  services  general  reserve  fund  may,  in the
    15  discretion of the agency, but subject to agreements with bondholders and
    16  noteholders, be used by the agency (a) for  the  repayment  of  advances
    17  from the state in accordance with the provisions of repayment agreements
    18  between  the agency and the director of the budget, (b) to reimburse the
    19  department of mental  hygiene  the  reasonable  costs  of  the  services
    20  performed  by  the  commissioner of mental hygiene and the department of
    21  mental hygiene pursuant to subdivision four  of  section  fifty-five  of
    22  this  article, including the reasonable costs of such services performed
    23  by the health and mental hygiene facilities improvement corporation upon
    24  request by the commissioner of mental hygiene pursuant to the provisions
    25  of section 75.25 of the mental  hygiene  law,  (c)  to  pay  all  costs,
    26  expenses  and charges of financing, including fees and expenses of trus-
    27  tees and paying agents, (d) for transfers to the community mental health
    28  services and [mental retardation] intellectual disability services capi-
    29  tal reserve fund, (e) for the payment of principal of  and  interest  on
    30  community  mental  health services and [mental retardation] intellectual
    31  disability services project bonds and notes issued by  the  agency  when
    32  the  same shall become due whether at maturity or on call for redemption
    33  and for the payment of any redemption premium required to be paid  where
    34  such community mental health services and [mental retardation] intellec-
    35  tual  disability  services project bonds and notes are redeemed prior to
    36  their stated maturities and to purchase community mental health services
    37  and [mental retardation] intellectual disability services project  bonds
    38  or  notes issued by the agency, or (f) for such other corporate purposes
    39  of the agency as the  agency  in  its  discretion  shall  determine  and
    40  provide.
    41    § 44. Subdivision 16 of section 47 of the private housing finance law,
    42  as  added  by  chapter  570  of  the laws of 1982, is amended to read as
    43  follows:
    44    16. (a) The agency may create and establish one or more special  funds
    45  to be known as community mental health services and [mental retardation]
    46  intellectual  disability services capital reserve funds and may pay into
    47  such reserve funds (1) any monies appropriated and made available by the
    48  state for the purposes of such funds, (2) any proceeds of  the  sale  of
    49  community  mental  health services and [mental retardation] intellectual
    50  disability services project  revenue  bonds  or  notes,  to  the  extent
    51  provided in the resolution of the agency authorizing the issuance there-
    52  of,  and  (3) any other monies which may be made available to the agency
    53  for the purposes of such fund or funds from any other source or sources.
    54  The monies held in or credited to a  capital  reserve  fund  established
    55  under  this  subdivision, except as hereinafter provided and as provided
    56  in agreements with bondholders and noteholders, shall be used solely for

        S. 6793--A                         29
 
     1  the payment of principal of community mental health services and [mental
     2  retardation] intellectual disability services project revenue  bonds  of
     3  the  agency  secured  by such reserve fund, as the same mature, required
     4  payments  to  any sinking fund established in a resolution of the agency
     5  for the amortization of term bonds (hereinafter referred to as  "sinking
     6  fund  payments"),  the purchase of such revenue bonds of the agency, the
     7  payment of interest on such revenue bonds of the agency, or the  payment
     8  of  any  redemption  premium  required  to  be  paid when such bonds are
     9  redeemed prior to maturity. Any income or interest earned by, or  incre-
    10  ment  to, any such community mental health services and [mental retarda-
    11  tion] intellectual disability services capital reserve fund due  to  the
    12  investment  thereof  may be transferred to the agency, subject to agree-
    13  ments with bondholders and noteholders.
    14    (b) In computing any community  mental  health  services  and  [mental
    15  retardation]  intellectual  disability services capital reserve fund for
    16  the purposes of this section, securities in which all or  a  portion  of
    17  such  reserve fund shall be invested shall be valued at par if purchased
    18  at par, or if purchased at other than par, at the amortized value.
    19    (c) The agency shall create and establish one or  more  special  funds
    20  (herein  referred  to  as  community  mental health services and [mental
    21  retardation] intellectual disability services general reserve funds) and
    22  shall to the extent provided in the applicable bond  resolution  of  the
    23  agency authorizing the issuance of community mental services and [mental
    24  retardation] intellectual disability services project revenue bonds, pay
    25  into any such fund the fees and charges collected by the agency pursuant
    26  to  paragraph  (d)  of  subdivision eleven of section forty-four of this
    27  article and any monies which the agency shall transfer from a  community
    28  mental  health services and [mental retardation] intellectual disability
    29  services capital reserve fund pursuant to the  provisions  of  paragraph
    30  (a)  of  this  subdivision. Such monies and any other monies paid into a
    31  community mental health services and [mental  retardation]  intellectual
    32  disability  service  general  reserve fund may, in the discretion of the
    33  agency, but subject to agreements with bondholders and  noteholders,  be
    34  used  by  the agency (i) for the repayment of advances from the state in
    35  accordance with the provisions of repayment agreements between the agen-
    36  cy and the director of the budget, (ii) to reimburse the  department  of
    37  mental  hygiene  the  reasonable  costs of the services performed by the
    38  commissioner of mental hygiene and  the  department  of  mental  hygiene
    39  pursuant  to  subdivision  five  of  section fifty-five of this article,
    40  including the reasonable costs of such services performed by the facili-
    41  ties development corporation upon request by the commissioner of  mental
    42  hygiene  pursuant  to  the  provisions  of  section  75.25 of the mental
    43  hygiene law, (iii) to pay all costs, expenses and charges of  financing,
    44  including  fees  and  expenses  of  trustees and paying agents, (iv) for
    45  transfers to a community mental health services and [mental retardation]
    46  intellectual disability services  capital  reserve  fund,  (v)  for  the
    47  payment of principal of and interest on community mental health services
    48  and [mental retardation] intellectual disability services project reven-
    49  ue  bonds  and notes issued by the agency when the same shall become due
    50  whether at maturity or on call for redemption and for the payment of any
    51  redemption premium required to  be  paid  where  such  community  mental
    52  health   services   and  [mental  retardation]  intellectual  disability
    53  services project revenue bonds and notes are  redeemed  prior  to  their
    54  stated  maturities  and to purchase community mental health services and
    55  [mental retardation] intellectual disability services revenue  bonds  or

        S. 6793--A                         30
 
     1  notes issued by the agency, or (vi) for such other corporate purposes of
     2  the agency as the agency in its discretion shall determine and provide.
     3    §  45.  Paragraphs  a  and  b  of subdivision 1 of section 47-b of the
     4  private housing finance law, as amended by chapter 471 of  the  laws  of
     5  1980, is amended to read as follows:
     6    a.  "Community mental health and [retardation] intellectual disability
     7  facility" shall mean a building, a unit within a building, a laboratory,
     8  a classroom, a housing unit, a dining  hall,  an  activities  center,  a
     9  library, or any structure on or improvement to real property of any kind
    10  or  description,  including fixtures and equipment which are an integral
    11  part of such building, unit or structure or improvement,  a  walkway,  a
    12  roadway  or  a  parking  lot and improvements and connections for water,
    13  sewer, gas, electrical, telephone, heating, air conditioning  and  other
    14  utility  services, or a combination of any of the foregoing, whether for
    15  patient care and treatment  or  staff,  staff  family  or  service  use,
    16  located  in  a  city,  or in a county not wholly included within a city,
    17  authorized to provide community mental  health  services  in  accordance
    18  with  the  provisions  of  article  forty-one of the mental hygiene law,
    19  which is utilized or to be utilized for the administration  and  conduct
    20  of  programs for the mentally ill or the [mentally retarded] intellectu-
    21  ally disabled, or both, and for the provision of  services  therefor.  A
    22  community mental health and [retardation] intellectual disability facil-
    23  ity shall also mean and include a residential facility to be operated as
    24  a  community residence for the [mentally] intellectually disabled, and a
    25  treatment facility for use in the conduct  of  an  alcoholism  treatment
    26  program  or  of  a  substance  abuse treatment program as defined in the
    27  mental hygiene law.
    28    b. "Mental hygiene facility" shall mean a building, a  unit  within  a
    29  building,  a  laboratory, a classroom, a housing unit, a dining hall, an
    30  activities center, a library, or any structure on or improvement to real
    31  property of any kind or description, including  fixtures  and  equipment
    32  which  are  an  integral  part  of any such building, unit, structure or
    33  improvement, a walkway, a roadway or a parking lot, and improvements and
    34  connections for water, sewer, gas, electrical, telephone,  heating,  air
    35  conditioning  and other utility services, or a combination of any of the
    36  foregoing, whether for patient care and treatment or staff, staff family
    37  or service use, located at or related to any state hospital,  any  state
    38  school,  or any state psychiatric or research institute now or hereafter
    39  established under the professional jurisdiction, supervision and control
    40  of the state department of mental hygiene.  A  mental  hygiene  facility
    41  shall  mean  and  include  a  "community mental health and [retardation]
    42  intellectual disability facility", unless  such  facility  is  expressly
    43  excepted  or the context clearly requires otherwise, and shall also mean
    44  and include a treatment facility for use in the conduct of an alcoholism
    45  or substance abuse treatment program as defined in  the  mental  hygiene
    46  law,  unless  such facility is expressly excepted or the context clearly
    47  requires otherwise. The definition contained in this  subdivision  shall
    48  not  be  construed  to exclude therefrom a facility to be made available
    49  under license or permit from the health and  mental  hygiene  facilities
    50  improvement  corporation  to  a  voluntary  agency at the request of the
    51  commissioners of the offices of the department of mental hygiene  having
    52  jurisdiction  thereof  for  use in providing community mental health and
    53  [retardation] intellectual  disability  services,  or  for  use  in  the
    54  conduct of an alcoholism or substance abuse treatment program.
    55    §  46.  Paragraphs  a  and  b  of subdivision 7 of section 47-c of the
    56  private housing finance law, paragraph a as amended by  chapter  607  of

        S. 6793--A                         31
 
     1  the  laws  of 1970 and paragraph b as amended by chapter 433 of the laws
     2  of 1968, are amended to read as follows:
     3    a.  The  agency  shall have the power to acquire by lease or deed from
     4  the health and mental hygiene  facilities  improvement  corporation  any
     5  real  property acquired by the corporation pursuant to the provisions of
     6  subdivision six of section nine of the health and mental hygiene facili-
     7  ties improvement act (i) for the purpose of  constructing,  reconstruct-
     8  ing,  rehabilitating  or  improving thereon one or more community mental
     9  health and [retardation] intellectual disability facilities or (ii)  for
    10  the  purpose of financing the acquisition, construction, reconstruction,
    11  rehabilitation or improvement thereon of one or  more  community  mental
    12  health and [retardation] intellectual disability facilities, pursuant to
    13  the provisions of this article and the health and mental hygiene facili-
    14  ties  improvement  act.    The  agency  is hereby authorized to lease or
    15  sublease such real property and facilities thereon  to  the  corporation
    16  for  the  purpose of making the same available to a city or a county not
    17  wholly within a city, for use  and  occupancy  in  accordance  with  the
    18  provisions  of  a  lease, sublease or other agreement between the corpo-
    19  ration and such city or county.
    20    b. In the event that the agency shall fail, within  five  years  after
    21  the  date  of a lease or conveyance of such real property from such city
    22  or county to the corporation, to construct, reconstruct, rehabilitate or
    23  improve the community mental health and [retardation] intellectual disa-
    24  bility facility or [facility] facilities thereon for which such lease or
    25  conveyance was made, as provided for  in  a  lease,  sublease  or  other
    26  agreement entered into by such city or county and the corporation, then,
    27  subject to the terms of any lease, sublease or other agreement undertak-
    28  en  by  the  agency, such real property and any facilities thereon shall
    29  revert to the corporation with right of  re-entry  thereupon,  and  such
    30  lease  or  deed  shall be made subject to such condition of reverter and
    31  re-entry; provided, however, that as a condition precedent to the  exer-
    32  cise  of  such right of re-entry the corporation shall pay to the agency
    33  an amount equal to the sum of the purchase price of such real  property,
    34  the  depreciated  cost  of any community mental health and [retardation]
    35  intellectual  disability  facility  or  facilities  constructed,  recon-
    36  structed,  rehabilitated  or improved thereon and all other costs of the
    37  agency incident to the acquisition of such lands and  the  financing  of
    38  construction,  reconstruction, rehabilitation or improvement relating to
    39  such community mental health and [retardation]  intellectual  disability
    40  facility or facilities, all as provided in the aforesaid lease, sublease
    41  or other agreement entered into with the corporation.
    42    §  47. Subdivision 5 of section 55 of the private housing finance law,
    43  as amended by chapter 195 of the laws of 1973, is  amended  to  read  as
    44  follows:
    45    5.  The  state commissioner of mental hygiene and the state department
    46  of mental hygiene are hereby designated to act for and in behalf of  the
    47  agency  in  servicing  the  community mental health services and [mental
    48  retardation] intellectual disability services companies  mortgage  loans
    49  of  the  agency  and  shall  perform  such  functions  and  services  in
    50  connection with the making, servicing and collection of  such  loans  as
    51  shall be requested by the agency. The agency shall pay to the department
    52  of  mental  hygiene  from  any  monies  of the agency available for such
    53  purpose, such amounts as are necessary to reimburse  the  department  of
    54  mental  hygiene for the reasonable cost of the services performed by the
    55  commissioner of mental hygiene and department of mental hygiene pursuant
    56  to this section, including such amounts as are  necessary  to  reimburse

        S. 6793--A                         32
 
     1  the health and mental hygiene facilities improvement corporation for the
     2  reasonable  cost  of  such  services  performed by the health and mental
     3  hygiene facilities improvement corporation upon request by  the  commis-
     4  sioner  of mental hygiene pursuant to the provisions of section 75.25 of
     5  the mental hygiene law.
     6    § 48. Paragraph c of subdivision 1 of section 1515 of the real proper-
     7  ty actions and proceedings law, as amended by chapter 550 of the laws of
     8  1978, is amended to read as follows:
     9    c. Whether any defendant is known or unknown, and whether any  defend-
    10  ant  is  or might be an infant, [mentally retarded] intellectually disa-
    11  bled, mentally ill or an alcohol abuser.
    12    § 49. Section 11 of the real property law, as amended by  chapter  550
    13  of the laws of 1978, is amended to read as follows:
    14    § 11. Capacity to transfer real property. A person other than a minor,
    15  [a  mentally  retarded]  an intellectually disabled person, or person of
    16  unsound mind, seized of or entitled to an estate  or  interest  in  real
    17  property, may transfer such estate or interest.
    18    §  50. Paragraph (a) of subdivision 1 of section 422 of the real prop-
    19  erty tax law, as amended by chapter 409 of the laws of 1993, is  amended
    20  to read as follows:
    21    (a)  Real  property  owned  by  a not-for-profit corporation organized
    22  pursuant to the not-for-profit corporation law  and  the  provisions  of
    23  article  two  of  the  private  housing finance law, used exclusively to
    24  provide housing and auxiliary facilities for faculty members,  students,
    25  employees,  nurses,  interns, resident physicians, researchers and other
    26  personnel and their immediate families  in  attendance  or  employed  at
    27  colleges,  universities,  educational  institutions,  child  care insti-
    28  tutions, hospitals and medical research institutes, or  for  handicapped
    29  or  aged  persons  of  low  income,  or owned by non-profit nursing home
    30  companies organized pursuant to the not-for-profit corporation  law  and
    31  the  provisions of article twenty-eight-A of the public health law, used
    32  exclusively to provide facilities for nursing  care  to  sick,  invalid,
    33  infirm,  disabled  or  convalescent persons of low income, or to provide
    34  health-related service as defined in article twenty-eight of the  public
    35  health  law  to persons of low income, or any combination of the forego-
    36  ing, and in addition thereto, to provide nursing care and health-related
    37  service, or either of them, to persons of low income who are  not  occu-
    38  pants  of  the  project,  or owned by housing development fund companies
    39  organized pursuant to the not-for-profit  corporation  law  and  article
    40  eleven  of  the private housing finance law, used exclusively to provide
    41  housing for handicapped or aged persons of low income, and financed by a
    42  federally-aided mortgage as defined in said article eleven, or owned  by
    43  companies  organized  pursuant to the not-for-profit corporation law and
    44  the provisions of article seventy-five of the mental hygiene  law,  used
    45  exclusively to provide care, treatment, training, education and residen-
    46  tial  accommodations  for  operation  as hostels for the mentally ill or
    47  [mentally retarded]  intellectually  disabled,  or  owned  by  companies
    48  organized pursuant to the membership corporations law and the provisions
    49  of  article seven-A of the private housing finance law, used exclusively
    50  to provide programs, services and other facilities for the aging,  shall
    51  be  exempt  from  taxation and exempt from special ad valorem levies and
    52  special assessments to the extent provided in section four hundred nine-
    53  ty of this chapter, provided, however, that in a  city  having  a  popu-
    54  lation  of  one  million  or more real property owned by any such corpo-
    55  ration which is to provide housing accommodations, substantially all  of
    56  which  are  or  are  to be assisted by rent subsidies made or to be made

        S. 6793--A                         33
 
     1  available by the Federal government pursuant to a contract under section
     2  eight of the United States Housing Act of nineteen hundred thirty-seven,
     3  as amended, or pursuant to a project rental  assistance  contract  under
     4  section  two  hundred  two  of the United States Housing Act of nineteen
     5  hundred fifty-nine, as amended, or pursuant to a project rental  assist-
     6  ance contract under section eight hundred eleven of the National Afford-
     7  able  Housing Act of nineteen hundred ninety, as amended, shall from and
     8  after the commencement of construction be subject to taxation or  exempt
     9  therefrom  to  the  extent approved by a municipality acting through its
    10  local legislative body, as such local legislative  body  is  defined  in
    11  [paragraph]  subdivision  twelve  of  section two of the private housing
    12  finance law. No such corporation or company shall pay a dividend on  any
    13  of its stock or pay interest on any of its debentures. Provided further,
    14  however,  in  a  county  having  a population of one million or more and
    15  having not more than three towns within such county, real property owned
    16  by housing development fund companies organized pursuant to the not-for-
    17  profit corporation law and article eleven of the private housing finance
    18  law, used exclusively to provide housing for handicapped or aged persons
    19  of low income, and financed by a federally-aided mortgage as defined  in
    20  said   article   eleven   shall  from  and  after  the  commencement  of
    21  construction be subject to taxation or exempt therefrom  to  the  extent
    22  approved by a municipality acting through its local legislative body, as
    23  such local legislative body is defined in [paragraph] subdivision twelve
    24  of  section  two  of  the  private housing finance law. Any tax payments
    25  and/or payments in lieu of taxes made to a municipality pursuant to  the
    26  preceding  sentence shall not be passed through nor become the liability
    27  of any of the occupants of such property.
    28    § 51. Subdivision 1 of section 210 of  the  social  services  law,  as
    29  amended  by  chapter  515  of  the  laws  of 2006, is amended to read as
    30  follows:
    31    1. Any inconsistent provisions of this title or any other law notwith-
    32  standing, but subject to the provisions of subdivisions two and three of
    33  this section, an individual who is deemed to have  met  the  eligibility
    34  criteria  for  additional  state  payments  pursuant to paragraph (c) of
    35  subdivision one of section two hundred nine  of  this  title,  shall  be
    36  entitled  to  receive  for  each  month after December, nineteen hundred
    37  seventy-three an additional state payment in an amount which, when added
    38  to the supplemental security income benefit and other countable  income,
    39  is  equal  to such individual's December, nineteen hundred seventy-three
    40  cash grant of assistance under the state's program of  old  age  assist-
    41  ance,  assistance  to  the  blind,  aid  to the disabled or the combined
    42  program of aid to aged, blind and  disabled  persons,  plus  income  not
    43  excluded  under such state program, plus an amount equal to the January,
    44  nineteen hundred seventy-two bonus value of food stamps as determined in
    45  accordance with the regulations of the office of temporary and disabili-
    46  ty assistance plus, for any month after June, nineteen hundred  seventy-
    47  five,  an  amount reflecting the federal supplemental security increases
    48  resulting from July first, nineteen hundred seventy-five cost of  living
    49  increases  in  such  benefits,  plus  for any month after June, nineteen
    50  hundred eighty-two, an amount equal to the July first, nineteen  hundred
    51  eighty-two  federal  supplemental security income cost of living adjust-
    52  ment, providing such individual was  eligible  to  receive  a  mandatory
    53  state supplement for the month of December, nineteen hundred eighty-one,
    54  plus  for any month after June, nineteen hundred eighty-three, an amount
    55  equal to $17.70 for individuals, $26.55 for couples who are living alone
    56  or living with others and $35.40  for  couples  receiving  family  care,

        S. 6793--A                         34

     1  residential  care  or care in schools for the [mentally retarded] intel-
     2  lectually disabled, plus for any month after December, nineteen  hundred
     3  eighty-three,  an  amount  equal  to  $9.70  for individuals, $15.60 for
     4  couples  who  are  living  alone  or  living  with others and $19.40 for
     5  couples receiving family care, residential care or care in  schools  for
     6  the  [mentally  retarded]  intellectually  disabled,  plus for any month
     7  after December, nineteen hundred eighty-four, an amount equal to  $11.00
     8  for  individuals, $16.00 for couples who are living alone or living with
     9  others and $22.00 for couples receiving family care, residential care or
    10  care in schools for the  [mentally  retarded]  intellectually  disabled,
    11  plus  for  any  month  after  December, nineteen hundred eighty-five, an
    12  amount equal to $11.00 for  individuals,  $16.00  for  couples  who  are
    13  living  alone  or  living  with  others and $22.00 for couples receiving
    14  family care, residential care or  care  in  schools  for  the  [mentally
    15  retarded]  intellectually  disabled,  plus for any month after December,
    16  nineteen hundred eighty-six an amount equal to  $4.00  for  individuals,
    17  $6.00  for  couples who are living alone or living with others and $8.00
    18  for couples receiving family care, residential care or care  in  schools
    19  for  the [mentally retarded] intellectually disabled, plus for any month
    20  after December, nineteen hundred eighty-seven an amount equal to  $14.00
    21  for  individuals, $22.00 for couples who are living alone or living with
    22  others and $28.00 for couples receiving family care, residential care or
    23  care in schools for the  [mentally  retarded]  intellectually  disabled,
    24  plus  for  any  month  after  December, nineteen hundred eighty-eight an
    25  amount equal to $14.00 for  individuals,  $21.00  for  couples  who  are
    26  living  alone  or  living  with  others and $28.00 for couples receiving
    27  family care, residential care or  care  in  schools  for  the  [mentally
    28  retarded] intellectually disabled, plus for any other month after Decem-
    29  ber, nineteen hundred eighty-nine an amount equal to $18.00 for individ-
    30  uals,  $27.00 for couples who are living alone or living with others and
    31  $36.00 for couples receiving family care, residential care  or  care  in
    32  schools  for  the  [mentally retarded] intellectually disabled, plus for
    33  any month after December, nineteen hundred ninety  an  amount  equal  to
    34  $21.00  for  individuals,  $31.00  for  couples  who are living alone or
    35  living with others and $42.00 for couples receiving family  care,  resi-
    36  dential  care or care in schools for the [mentally retarded] intellectu-
    37  ally disabled, plus for any month after December, nineteen hundred nine-
    38  ty-one an amount equal to $15.00 for individuals, $23.00 for couples who
    39  are living alone or living with others and $30.00 for couples  receiving
    40  family  care,  residential  care  or  care  in schools for the [mentally
    41  retarded] intellectually disabled, plus for any  month  after  December,
    42  nineteen  hundred ninety-two, an amount equal to $12.00 for individuals,
    43  $19.00 for couples who are living alone or living with others and $24.00
    44  for couples receiving family care, residential care or care  in  schools
    45  for  the  [mentally retarded] intellectually disabled plus for any month
    46  after December, nineteen hundred ninety-three an amount equal to  $12.00
    47  for  individuals, $17.00 for couples who are living alone or living with
    48  others and $24.00 for couples receiving family care, residential care or
    49  care in schools for the [mentally retarded] intellectually disabled plus
    50  for any month after December, nineteen  hundred  ninety-four  an  amount
    51  equal to $12.00 for individuals, $18.00 for couples who are living alone
    52  or  living  with  others  and  $24.00 for couples receiving family care,
    53  residential care or care in schools for the [mentally  retarded]  intel-
    54  lectually  disabled, plus for any month after December, nineteen hundred
    55  ninety-five an amount  equal  to  $12.00  for  individuals,  $18.00  for
    56  couples  who  are  living  alone  or  living  with others and $24.00 for

        S. 6793--A                         35
 
     1  couples receiving family care, residential care or care in  schools  for
     2  the  [mentally  retarded]  intellectually  disabled,  plus for any month
     3  after December, nineteen hundred ninety-six, an amount equal  to  $14.00
     4  for  individuals  and $21.00 for couples plus for any month after Decem-
     5  ber, nineteen hundred ninety-seven an amount equal to $10.00  for  indi-
     6  viduals  and $15.00 for couples plus for any month after December, nine-
     7  teen hundred ninety-eight an amount equal to $6.00 for  individuals  and
     8  $11.00  for  couples plus for any month after December, nineteen hundred
     9  ninety-nine an amount equal to $13.00 for  individuals  and  $18.00  for
    10  couples  plus for any month after December, two thousand an amount equal
    11  to $18.00 for individuals and $27.00 for  couples  plus  for  any  month
    12  after  December, two thousand one an amount equal to $15.00 for individ-
    13  uals and $21.00 for couples plus for any month after December, two thou-
    14  sand two an amount equal to $7.00 for individuals and $12.00 for couples
    15  plus for any month after December, two thousand three an amount equal to
    16  $12.00 for individuals and $17.00 for couples plus for any  month  after
    17  December,  two  thousand  four an amount equal to $15.00 for individuals
    18  and $23.00 for couples plus for any month after December,  two  thousand
    19  five  an  amount  equal to $24.00 for individuals and $35.00 for couples
    20  plus for any month after December, two thousand six an amount  equal  to
    21  the  amount  of  any  increases  in federal supplemental security income
    22  benefits for individuals or couples pursuant  to  section  1617  of  the
    23  Social  Security Act (42 USC § 1382f) which become effective on or after
    24  January first, two thousand seven.
    25    § 52. Paragraph (k) of subdivision 1 of section 364-j  of  the  social
    26  services  law, as amended by chapter 649 of the laws of 1996, is amended
    27  to read as follows:
    28    (k) "Special care". Care, services and supplies relating to the treat-
    29  ment of mental illness, [mental  retardation]  intellectual  disability,
    30  developmental  disabilities,  alcoholism,  alcohol  abuse  or  substance
    31  abuse, or HIV infection/AIDS.
    32    § 53. Subdivision 4 of section 365-g of the social  services  law,  as
    33  amended  by  section  31 of part C of chapter 58 of the laws of 2008, is
    34  amended to read as follows:
    35    4. The utilization thresholds established  pursuant  to  this  section
    36  shall  not  apply  to  [mental  retardation] intellectually disabled and
    37  developmental disabilities services provided in clinics certified  under
    38  article  twenty-eight of the public health law, or article twenty-two or
    39  article thirty-one of the mental hygiene law.
    40    § 54. Subdivision 3 of section 365-g of the social  services  law,  as
    41  amended  by  section  1  of part W of chapter 57 of the laws of 2022, is
    42  amended to read as follows:
    43    3. The utilization thresholds established  pursuant  to  this  section
    44  shall  not  apply  to  [mental  retardation] intellectual disability and
    45  developmental disabilities services provided in clinics certified  under
    46  article  twenty-eight of the public health law, or article twenty-two or
    47  article thirty-one of the mental hygiene law.
    48    § 55. Subparagraph 2 of paragraph (e) of subdivision 1 of section  366
    49  of  the  social services law, as added by section 1 of part D of chapter
    50  56 of the laws of 2013, is amended to read as follows:
    51    (2) is a patient in a public institution operated  primarily  for  the
    52  treatment of tuberculosis or care of the [mentally] intellectually disa-
    53  bled,  with  the  exception  of: (i) a person sixty-five years of age or
    54  older and a patient in any such institution; (ii) a person  under  twen-
    55  ty-one  years  of age and receiving in-patient psychiatric services in a
    56  public institution operated primarily for the  care  of  the  [mentally]

        S. 6793--A                         36
 
     1  intellectually  disabled;  (iii) a patient in a public institution oper-
     2  ated primarily for the care of the  [mentally  retarded]  intellectually
     3  disabled who is receiving medical care or treatment in that part of such
     4  institution  that  has  been  approved  pursuant to law as a hospital or
     5  nursing home; (iv) a patient in an institution  operated  by  the  state
     6  department  of mental hygiene, while under care in a hospital on release
     7  from such institution for the purpose of receiving care in  such  hospi-
     8  tal;  or (v) is a person residing in a community residence or a residen-
     9  tial care center for adults.
    10    § 56. Subparagraph (ii) of paragraph (d) of subdivision 6  of  section
    11  367-a  of the social services law, as added by chapter 41 of the laws of
    12  1992, is amended to read as follows:
    13    (ii) out-patient hospital and clinic services except for mental health
    14  services, [mental retardation] intellectual disability and developmental
    15  disability services, alcohol and substance abuse services and  methadone
    16  maintenance services;
    17    §  57.  Paragraph  (e) of subdivision 6 of section 384-b of the social
    18  services law, as amended by chapter 691 of the laws of 1991, is  amended
    19  to read as follows:
    20    (e)  In  every  proceeding upon a ground set forth in paragraph (c) of
    21  subdivision four the judge shall order the parent to be examined by, and
    22  shall take the testimony of, a qualified psychiatrist or a  psychologist
    23  licensed  pursuant  to  article one hundred fifty-three of the education
    24  law as defined in section 730.10 of the criminal procedure  law  in  the
    25  case of a parent alleged to be mentally ill or [retarded] intellectually
    26  disabled, such psychologist or psychiatrist to be appointed by the court
    27  pursuant to section thirty-five of the judiciary law. The parent and the
    28  authorized  agency  shall  have  the  right to submit other psychiatric,
    29  psychological or medical evidence. If the parent refuses  to  submit  to
    30  such  court-ordered  examination,  or  if  the  parent  renders  himself
    31  unavailable therefor  whether  before  or  after  the  initiation  of  a
    32  proceeding  under  this  section,  by  departing  from  the  state or by
    33  concealing himself therein, the appointed psychologist or  psychiatrist,
    34  upon the basis of other available information, including, but not limit-
    35  ed  to, agency, hospital or clinic records, may testify without an exam-
    36  ination of such parent, provided that such other information  affords  a
    37  reasonable basis for his opinion.
    38    §  58.  Subdivision  1  of  section 477 of the social services law, as
    39  amended by chapter 550 of the laws  of  1978,  is  amended  to  read  as
    40  follows:
    41    1.  All  mentally  ill,  [mentally  retarded] intellectually disabled,
    42  blind and deaf and mute persons, the expense of whose support and  main-
    43  tenance  now is, or, under the laws of the state of New York, may become
    44  a charge upon the city of  Poughkeepsie,  or  the  county  of  Dutchess,
    45  exclusive  of  said  city,  or both, and who are maintained, or shall be
    46  maintained, in any of the institutions of the state of New  York,  shall
    47  be supported by said county of Dutchess as one district.
    48    § 59. Paragraph (p) of subdivision 1 of section 261 of the tax law, as
    49  amended  by  chapter  365  of  the  laws  of 2005, is amended to read as
    50  follows:
    51    (p) with respect to the remaining counties of the state except  Catta-
    52  raugus county which have not suspended the imposition of such additional
    53  tax  pursuant  to  subdivision two of section two hundred fifty-three of
    54  this article, to the comptroller to be paid  by  him  or  her  into  the
    55  general  fund  in the state treasury to the credit of the state purposes
    56  account; provided that money paid to the comptroller with respect to any

        S. 6793--A                         37
 
     1  such remaining county in which on the date  of  such  payment  any  mass
     2  transportation,  airport or aviation, municipal historic site, municipal
     3  park, community mental health and [retardation] intellectual  disability
     4  facility,  or sewage treatment capital project is being carried out by a
     5  municipality with state aid, or for which state aid will be paid, pursu-
     6  ant to the provisions of title one of chapter seven hundred seventeen of
     7  the laws of nineteen hundred sixty-seven, section 17.05  of  the  parks,
     8  recreation  and  historic  preservation law, section 41.18 of the mental
     9  hygiene law, or section 17-1903 of the environmental  conservation  law,
    10  shall  be  applied by him or her to increase the amount of aid for which
    11  the state is obligated in respect to such project on such date, provided
    12  that any such increase in state aid may not, together with  any  federal
    13  funds  paid or to be paid on account of the cost of such project, exceed
    14  the total cost thereof, and where more than one such capital project  is
    15  being  carried  out  on such date within such county, the application of
    16  such monies by the comptroller shall be  pro-rated  among  such  munici-
    17  palities  on  the basis of the respective amounts of state aid which are
    18  so obligated on such date; and
    19    § 60. The opening paragraph of section 2 of section 1 of  chapter  359
    20  of the laws of 1968, constituting the facilities development corporation
    21  act,  as separately amended by chapters 195 and 658 of the laws of 1973,
    22  is amended to read as follows:
    23    It is hereby found and declared that the provision of new and improved
    24  state facilities relating to the care, maintenance and treatment of  the
    25  [mentally]  intellectually  disabled must be accelerated if the state is
    26  to meet its responsibilities in the face of an  increasing  state  popu-
    27  lation, a growing awareness that mental disability can be treated effec-
    28  tively,  and  new  research  advances  in treatment methods. An expanded
    29  construction program is essential to relieve overcrowding in  the  state
    30  hospitals  for  the  mentally ill, to provide treatment and care for the
    31  increasing population of [mentally retarded] intellectually disabled  in
    32  state  schools,  and  to  permit  the establishment of special treatment
    33  programs for mentally ill and emotionally disturbed children and for the
    34  mentally ill blind and the mentally ill deaf. Existing state  facilities
    35  require  substantial  modernization and structural change to accommodate
    36  new concepts of treatment for the [mentally] intellectually disabled and
    37  special units for the treatment of alcoholism and  narcotics  addiction.
    38  Larger  and  better  equipped  research  facilities must be installed in
    39  order to insure that state treatment  units  are  in  the  forefront  of
    40  applying  and developing advanced therapeutic methods. At the same time,
    41  improved training facilities and quarters  are  needed  to  attract  and
    42  retain the best-qualified staff personnel.
    43    §  61.  The  third undesignated paragraph of section 2 of section 1 of
    44  chapter 359 of the laws of 1968, constituting the facilities development
    45  corporation act, as amended by chapter 547  of  the  laws  of  1979,  is
    46  amended to read as follows:
    47    It  is  further  found  and  declared  that  the  provision of new and
    48  improved community mental health and [retardation] intellectual disabil-
    49  ity facilities must be accelerated, in order  to  provide  comprehensive
    50  care and treatment of the mentally ill and [mentally retarded] intellec-
    51  tually  disabled.  Such community mental health and [retardation] intel-
    52  lectual disability facilities should be located close to the people they
    53  serve, in order to speed rehabilitation and  restoration,  by  involving
    54  families  and  community  resources  to  the extent practicable. Such an
    55  accelerated construction program will also help relieve overcrowding  in
    56  state  facilities for the mentally ill and [mentally retarded] intellec-

        S. 6793--A                         38
 
     1  tually disabled and will afford treatment and care  for  the  increasing
     2  number  of  [mentally  retarded] intellectually disabled. Such a program
     3  will increase the number of local facilities for  out-patient  care  and
     4  short-term in-patient care, including after care, diagnostic and rehabi-
     5  litative  services,  training and research. While the responsibility for
     6  the professional care, maintenance and treatment of the mentally ill and
     7  [mentally retarded] intellectually disabled at all such community mental
     8  health  and  [retardation]  intellectual  disability  facilities  should
     9  continue  in the local governments, subject to the provisions of article
    10  forty-one of the mental hygiene law and the regulations of  the  commis-
    11  sioners  of  the  offices of the department having jurisdiction thereof,
    12  the legislature further finds and declares that the Facilities  Develop-
    13  ment  Corporation  should  be  empowered  to aid cities and counties, at
    14  their request, to provide new and improved community mental  health  and
    15  [retardation]  intellectual  disability  facilities  in  order to insure
    16  their timely construction, acquisition,  reconstruction,  rehabilitation
    17  and  improvement  in  relation  to current and foreseeable needs and the
    18  emergence of new patterns of treatment and care and should be  empowered
    19  to receive and administer monies for such purpose.
    20    §  62. Subdivisions 10 and 19 of section 3 of section 1 of chapter 359
    21  of the laws of 1968, constituting the facilities development corporation
    22  act, subdivision 10 as amended by section 1 of part N of chapter  59  of
    23  the laws of 2016 and subdivision 19 as amended by section 1 of part H of
    24  chapter 58 of the laws of 2008, are amended to read as follows:
    25    10. "Mental  hygiene  facility" shall mean a building, a unit within a
    26  building, a laboratory, a classroom, a housing unit, a dining  hall,  an
    27  activities  center, a library, real property of any kind or description,
    28  or any structure on or improvement to real property, or an  interest  in
    29  real  property, of any kind or description, owned by or under the juris-
    30  diction of the corporation, including fixtures and equipment  which  are
    31  an integral part of any such building, unit, structure or improvement, a
    32  walkway,  a  roadway  or a parking lot, and improvements and connections
    33  for water, sewer, gas, electrical, telephone, heating, air  conditioning
    34  and  other  utility  services, or a combination of any of the foregoing,
    35  whether for patient care and treatment or staff, staff family or service
    36  use, located at or related to any psychiatric center, any  developmental
    37  center, or any state psychiatric or research institute or other facility
    38  now  or  hereafter  established  under  the department. A mental hygiene
    39  facility shall also mean and  include  a  residential  care  center  for
    40  adults,  a "community mental health and [retardation] intellectual disa-
    41  bility facility" and a treatment facility for use in the conduct  of  an
    42  alcoholism or substance abuse treatment program as defined in the mental
    43  hygiene  law  unless  such residential care center for adults, community
    44  mental health and  [retardation]  intellectual  disability  facility  or
    45  alcoholism  or  substance  abuse  facility is expressly excepted, or the
    46  context clearly requires otherwise, and shall also mean and include  any
    47  treatment  facility for use in the conduct of an alcoholism or substance
    48  abuse treatment program that is also operated as  an  associated  health
    49  care facility. The definition contained in this subdivision shall not be
    50  construed to exclude therefrom a facility owned or leased by one or more
    51  voluntary  agencies  that  is  to  be  financed,  refinanced,  designed,
    52  constructed, acquired, reconstructed, rehabilitated  or  improved  under
    53  any lease, sublease, loan or other financing agreement entered into with
    54  such voluntary agencies, and shall not be construed to exclude therefrom
    55  a  facility  to  be  made  available from the corporation to a voluntary
    56  agency at the request of the commissioners of the offices of the depart-

        S. 6793--A                         39
 
     1  ment having jurisdiction  thereof.  The  definition  contained  in  this
     2  subdivision  shall not be construed to exclude therefrom a facility with
     3  respect to which a voluntary agency has an ownership  interest  in,  and
     4  proprietary  lease  from,  an organization formed for the purpose of the
     5  cooperative ownership of real estate.
     6    19. "Voluntary agency" means a corporation organized under or existing
     7  pursuant to the not-for-profit corporation law providing or, pursuant to
     8  a written agreement  with  the  appropriate  commissioner,  approved  to
     9  provide  housing  that includes residences for persons with mental disa-
    10  bilities, or services benefitting or assisting in the  care,  treatment,
    11  rehabilitation  or  maintenance  of  persons  with  mental disabilities,
    12  community mental  health  or  residential  services,  community  [mental
    13  retardation]  intellectual disability services, or alcohol, substance-a-
    14  buse, or chemical-dependency residential  or  non-residential  treatment
    15  services,  or  for any combination of the foregoing. Notwithstanding any
    16  other provision of law to the  contrary,  voluntary  agency  shall  also
    17  include  any  entity receiving financing, approvals or assistance of any
    18  form from the state housing finance agency  or  the  state  division  of
    19  housing  and  community  renewal  for  one  or  more  integrated housing
    20  projects including projects serving persons  with  mental  disabilities,
    21  which  shall  be  approved by the appropriate commissioner. Such commis-
    22  sioner is hereby authorized to enter into any  agreements  necessary  or
    23  useful for such projects, subject to the approval of the director of the
    24  budget.
    25    §  63. Paragraph a of subdivision 8 and subdivision 13 of section 5 of
    26  section 1 of chapter 359 of the laws of 1968, constituting  the  facili-
    27  ties  development  corporation  act,  paragraph  a  of  subdivision 8 as
    28  amended by chapter 58 of the laws of 1987 and subdivision 13 as  amended
    29  by chapter 723 of the laws of 1993, are amended to read as follows:
    30    a. With the approval of the appropriate commissioner of the department
    31  and  the  director of the budget, to purchase real property necessary or
    32  convenient for a mental hygiene facilities improvement  program  in  the
    33  name  of  the  state,  except  where such purchase is for the purpose of
    34  providing community mental health and [retardation]  intellectual  disa-
    35  bility  facilities in which case such purchase shall be in its own name;
    36  provided, however, that all such purchases shall  be  made  pursuant  to
    37  legislation  or  appropriations  in accordance with section nine of this
    38  act. Nothing in this section contained shall be  construed  to  prohibit
    39  the  acquisition  of  real  property by purchase or appropriation by the
    40  appropriate commissioner of the department pursuant to article  seventy-
    41  one  of  the mental hygiene law for the purpose of making mental hygiene
    42  facilities available under license or permit from the corporation  to  a
    43  voluntary  agency,  subject  to  the  terms and conditions of any lease,
    44  sublease, loan or other  financing  agreement  with  the  state  housing
    45  finance  agency or the state medical care facilities finance agency, (i)
    46  for use in providing community mental health and [retardation] intellec-
    47  tual disability services,  including  services  in  a  residential  care
    48  center for adults, or (ii) for the conduct of an alcoholism or substance
    49  abuse  treatment  program  as  defined in article nineteen of the mental
    50  hygiene law.
    51    13. Subject to the terms and conditions of any lease,  sublease,  loan
    52  or  other  financing  agreement with the state housing finance agency or
    53  the state medical care facilities finance agency, and  to  the  determi-
    54  nation  of  the  appropriate  commissioner of the department, and in the
    55  case of community mental health and [retardation] intellectual disabili-
    56  ty facilities, of the city or county, that such real property  held  for

        S. 6793--A                         40
 
     1  the  purposes  of  a  mental  hygiene  facilities improvement program is
     2  unnecessary for the present or foreseeable  future  needs  of  a  mental
     3  hygiene  facility,  with  the approval of the director of the budget, to
     4  convey  for fair value any right, title or interest of the people of the
     5  state of New York in and to such real property to any appropriate  state
     6  agency,  or  public  corporation, city or county for other public use or
     7  for sale, lease or other disposition in accordance with law, real  prop-
     8  erty  held by the corporation, provided, however, nothing in this subdi-
     9  vision shall be deemed to supercede the provisions of section  41.34  of
    10  the  mental  hygiene  law  and provided further that any such conveyance
    11  shall be subject to, and consistent with the terms  and  objectives  of,
    12  any  plan  developed  by the state interagency council on mental hygiene
    13  property utilization. The corporation shall provide  written  notice  at
    14  least  thirty days in advance of the effective date of any conveyance to
    15  the governor, the majority leader of the senate and the speaker  of  the
    16  assembly.  No  conveyance  as  authorized  in  this subdivision that may
    17  adversely affect the tax exempt nature of any such lease, sublease, loan
    18  or other financing agreement with the state housing  finance  agency  or
    19  the  New  York  state  medical  care facilities finance agency may occur
    20  until the attorney general or other designated bond  counsel  determines
    21  in  writing  that the conveyance is consistent with all applicable state
    22  and federal  laws,  rules  and  regulations,  and  with  deeds,  leases,
    23  subleases,  loan  agreements, financing agreements, and bond resolutions
    24  relating to or affected by the conveyance, and that the conveyance  does
    25  not  impair  the  tax exempt status of outstanding obligations issued by
    26  the state housing finance agency or the  New  York  state  medical  care
    27  facilities   finance   agency   to  finance  or  refinance  the  design,
    28  construction, acquisition, reconstruction, rehabilitation or improvement
    29  of mental health service facilities as defined in  the  New  York  state
    30  medical care facilities finance agency act.
    31    § 64. Subdivisions 3, 4 and 5 of section 6 of section 1 of chapter 359
    32  of the laws of 1968, constituting the facilities development corporation
    33  act,  subdivisions 3 and 4 as amended by chapter 547 of the laws of 1979
    34  and subdivision 5 as amended by chapter 351 of the  laws  of  1985,  are
    35  amended to read as follows:
    36    3.  To  provide mental hygiene facilities, other than community health
    37  and [retardation] intellectual  disability  facilities,  for  the  care,
    38  maintenance and treatment of the [mentally] intellectually disabled, for
    39  research  and training related thereto, and for the members of the staff
    40  of state institutions in the department and their  families,  to  reduce
    41  the time lag between determination of need for such facilities and actu-
    42  al  occupancy thereof, to expedite the construction, acquisition, recon-
    43  struction, rehabilitation or improvement of such facilities,  to  assure
    44  that  the  same are completed and ready for the purposes intended in the
    45  light of foreseeable needs, to assure  exclusive  possession,  jurisdic-
    46  tion,  control  and  supervision  over  all mental hygiene facilities in
    47  order to effectuate the aforesaid purposes and to make  such  facilities
    48  available  to  the appropriate commissioner of the department for use in
    49  the care, maintenance and treatment  of  the  [mentally]  intellectually
    50  disabled.
    51    4.  To  provide community mental health and [retardation] intellectual
    52  disability facilities for the [mentally]  intellectually  disabled,  for
    53  out-patient  care  and  short-term in-patient care, including after care
    54  and diagnostic and rehabilitative services and  training  and  research,
    55  for  and at the request of cities and counties not wholly within a city,
    56  authorized to provide community mental  health  services  in  accordance

        S. 6793--A                         41
 
     1  with  the  provisions of article forty-one of the mental hygiene law, to
     2  reduce the time between determination of the need  for  such  facilities
     3  and actual occupancy thereof, to expedite the construction, acquisition,
     4  reconstruction,  rehabilitation  or  improvement  of such facilities, to
     5  assure that the same are completed and ready for the  purposes  intended
     6  in  the  light  of current and foreseeable needs, all as approved by the
     7  appropriate commissioner of the department.
     8    5. To provide mental hygiene facilities to  be  made  available  under
     9  license  or  permit  from  the  corporation to voluntary agencies at the
    10  request of the appropriate commissioner of the department in  accordance
    11  with  the  provisions  of this act for use in providing community mental
    12  health and [retardation] intellectual disability services  and  services
    13  in a residential care center for adults.
    14    § 65. Paragraphs b and c of subdivision 1 of section 9 of section 1 of
    15  chapter 359 of the laws of 1968, constituting the facilities development
    16  corporation  act,  paragraph  b  as amended by chapter 58 of the laws of
    17  1987 and paragraph c as amended by chapter 547 of the laws of 1979,  are
    18  amended to read as follows:
    19    b.  The  directors  of  the  corporation  shall prepare or cause to be
    20  prepared for the state housing finance agency or the medical care facil-
    21  ities finance agency, within the amounts appropriated therefor or other-
    22  wise available, the building plans,  the  exterior  drawings  or  models
    23  displaying  the  architectural  concept  of each mental hygiene facility
    24  thereafter to be constructed, reconstructed, rehabilitated or  improved,
    25  and  the  detailed  plans  and specifications for all such construction,
    26  reconstruction, rehabilitation and improvement work to be performed, all
    27  of which shall be subject to the separate approval  of  the  appropriate
    28  commissioner  of  the  department  and,  in the case of community mental
    29  health and [retardation]  intellectual  disability  facilities,  of  the
    30  governing  body  of  the  city or county or of such officer, department,
    31  agency or community mental health board as may  be  designated  by  such
    32  governing  body  for  the purpose of such approval. The directors of the
    33  corporation, except in the case of community mental health and [retarda-
    34  tion] intellectual disability facilities, may cause the building  plans,
    35  drawings,  models and detailed plans and specifications for such work to
    36  be prepared under the direction of the commissioner of general  services
    37  in  accordance  with the terms of any agreement entered into between the
    38  corporation and such commissioner pursuant to subdivision  two  of  this
    39  section. In the case of community mental health and [retardation] intel-
    40  lectual  disability  facilities,  the  directors  of the corporation may
    41  cause such building plans, drawings, models and detailed plans and spec-
    42  ifications for such work to be prepared by its own employees,  or  on  a
    43  contract  basis, or by agreement with a city or county or with any state
    44  department or agency authorized to perform such work.
    45    The detailed  plans  and  specifications  for  any  such  work  to  be
    46  performed  pursuant  to  a  contract  shall comply with the construction
    47  standards in effect at the time the contract is executed.
    48    Subject to the terms of any agreement entered into between the  corpo-
    49  ration  and the commissioner of general services pursuant to subdivision
    50  two of this section and between the corporation and  the  state  housing
    51  finance agency or the medical care facilities finance agency pursuant to
    52  such  section,  the  directors  of the corporation may from time to time
    53  modify, or authorize modifications to, such detailed plans and  specifi-
    54  cations  provided  (i)  that the plans and specifications as so modified
    55  shall comply with the construction standards, if any,  adopted  pursuant
    56  to  paragraph  a  of  this  subdivision and in effect at the time of the

        S. 6793--A                         42
 
     1  modification, and (ii) that such modifications, if substantial, are made
     2  with the separate  approval  of  the  appropriate  commissioner  of  the
     3  department and, in the case of community mental health and [retardation]
     4  intellectual  disability  facilities, of such governing body of the city
     5  or county or of such officer, department,  agency  or  community  mental
     6  health board as may be designated by such governing body for the purpose
     7  of  such  approval, and (iii) that in the event an amount for contingen-
     8  cies is appropriated or advanced to the corporation  to  pay  the  added
     9  costs  during  the  then  current state fiscal year of all modifications
    10  made in the course of construction, reconstruction,  rehabilitation  and
    11  improvement of mental hygiene facilities, no such modifications shall be
    12  made  or  authorized  in  such  fiscal  year without the approval of the
    13  director of the budget unless the cost thereof shall be less  than  five
    14  percentum  of  the  total estimated cost of the facility as set forth in
    15  the budget bill referred to in paragraph a of subdivision  two  of  this
    16  section,  but in no event shall any such modification be made or author-
    17  ized in such fiscal year if the cost  thereof,  plus  the  cost  of  all
    18  modifications  theretofore  made  or  authorized  during  the same state
    19  fiscal year, would exceed the amount for contingencies  appropriated  or
    20  advanced  for  the  purpose  of such modifications, and (iv) that in the
    21  event an amount for contingencies is not appropriated for the purpose of
    22  such modifications, no such modification involving an estimated  expense
    23  of  ten thousand dollars or more shall be made or authorized without the
    24  prior approval of the director of the budget.
    25    c. In the design, construction, acquisition, reconstruction, rehabili-
    26  tation, alteration and improvement of mental hygiene  facilities  to  be
    27  made available under license or permit from the corporation to voluntary
    28  agencies  for use in providing community mental health and [retardation]
    29  intellectual disability services, the corporation shall be  governed  by
    30  the  provisions  of  this act relating to the design and construction of
    31  mental hygiene facilities provided, however, that the program  for  each
    32  such  facility  shall  have  been  prepared under the supervision of the
    33  appropriate commissioner  of  the  department  pursuant  to  the  mental
    34  hygiene  law  at  the  request  of  such  voluntary  agency and with the
    35  approval of the community mental health board  established  pursuant  to
    36  article forty-one of the mental hygiene law.
    37    §  66. The opening paragraph of subparagraph (i) and subparagraph (ii)
    38  of paragraph b of subdivision 2 of section 9 of section 1 of chapter 359
    39  of the laws of 1968, constituting the facilities development corporation
    40  act, the opening paragraph of subparagraph (i) as amended by chapter 166
    41  of the laws of 1991 and subparagraph (ii) as amended by chapter  658  of
    42  the laws of 1973, are amended to read as follows:
    43    The  corporation  may design, construct, reconstruct, rehabilitate and
    44  improve a mental hygiene facility, other than a community mental  health
    45  and [retardation] intellectual disability facility, whether as principal
    46  or  as  agent  for  the state housing finance agency or the medical care
    47  facilities finance agency, only by agreement with  the  commissioner  of
    48  general  services,  except  that  in  the case a mental hygiene facility
    49  owned  or  leased  by  a  voluntary  agency  that  is  to  be  designed,
    50  constructed,  reconstructed, rehabilitated and improved under any lease,
    51  sublease, loan or other  financing  agreement  entered  into  with  such
    52  voluntary  agency, or jointly with such voluntary agency and one or more
    53  voluntary agencies that operate such facility the same may be  designed,
    54  constructed, reconstructed, rehabilitated and improved by such voluntary
    55  agencies, and except that:

        S. 6793--A                         43
 
     1    (ii) The corporation, with the approval of the director of the budget,
     2  may  construct, reconstruct, rehabilitate and improve a community mental
     3  health and [retardation] intellectual disability  facility  by  its  own
     4  employees,  by agreement with a city or county or with any state depart-
     5  ment  or  agency authorized to perform such work, or by contract awarded
     6  pursuant to paragraph g of this subdivision. All contracts awarded by  a
     7  city or county on behalf of the corporation shall be awarded pursuant to
     8  paragraph  g  of  this subdivision, notwithstanding any provision of any
     9  general, special or local law or any charter.
    10    § 67. Paragraphs a and b of subdivision 3 of section 9 of section 1 of
    11  chapter 359 of the laws of 1968, constituting the facilities development
    12  corporation act, paragraph a as amended by chapter 723 of  the  laws  of
    13  1993  and paragraph b as amended by section 48 of part TTT of chapter 59
    14  of the laws of 2019, are amended to read as follows:
    15    a. Subject to the provisions of this act, the directors of the  corpo-
    16  ration  shall  receive,  accept, invest, administer, expend and disburse
    17  for its corporate purposes, other than for the purposes  of  any  health
    18  facilities  improvement program, (i) all payments made on or after Janu-
    19  ary 1, 1964, for the care, maintenance  and  treatment  of  patients  in
    20  every  mental hygiene facility, other than a community mental health and
    21  [retardation] intellectual  disability  facility  or  a  mental  hygiene
    22  facility  made available under license or permit from the corporation to
    23  a voluntary agency for use in  providing  community  mental  health  and
    24  [retardation]  intellectual  disability services, or an office of [alco-
    25  holism and substance abuse] addiction  services  and  supports  facility
    26  made  available under license or permit from the corporation to a volun-
    27  tary agency for use in the conduct of an alcoholism or  substance  abuse
    28  treatment program, (ii) all payments made to the corporation by a lessee
    29  or  permittee  as  rentals,  permit  fees  or otherwise under any lease,
    30  sublease, permit or agreement undertaken with  respect  to  a  community
    31  mental  health  and  [retardation]  intellectual  disability facility or
    32  current or former mental hygiene facility or  from  a  voluntary  agency
    33  with  respect  to  a mental hygiene facility made available under lease,
    34  license or permit from the corporation to a voluntary agency, and  (iii)
    35  all  payments  made to the corporation for the purchase of real property
    36  held by the corporation for  the  use  of  the  department,  other  than
    37  payments  derived  from  New  York state medical care facilities finance
    38  agency financing or refinancing of the  design,  construction,  acquisi-
    39  tion, reconstruction, rehabilitation, improvement or renovation of state
    40  operated  mental  hygiene  facilities,  and may receive, accept, invest,
    41  administer, expend and disburse for its corporate purposes,  other  than
    42  for the purposes of any health facilities improvement program, appropri-
    43  ations or advances from the capital projects fund and the state purposes
    44  account  of the general fund of the state, and other revenues and monies
    45  made available or to be made available to the corporation  from  any  or
    46  all sources, including gifts, grants, loans and payments from the feder-
    47  al  government, any state agency, any county, city, town or village, any
    48  private foundation, organization or individual, or any other source, for
    49  the  construction,  acquisition,  reconstruction,   rehabilitation   and
    50  improvement  of  mental  hygiene facilities, and for the maintenance and
    51  repair of such facilities.
    52    b. All monies of the corporation  received  or  accepted  pursuant  to
    53  paragraph  a of this subdivision, other than appropriations and advances
    54  from the state and except as otherwise authorized or  provided  in  this
    55  section,  shall  be  paid to the commissioner of taxation and finance as
    56  agent of the corporation, who shall not commingle such monies  with  any

        S. 6793--A                         44
 
     1  other  monies.  Such  monies  shall be deposited in two or more separate
     2  bank accounts. One of such accounts, to which shall be credited (i)  all
     3  payments made on or after January 1, 1964, for the care, maintenance and
     4  treatment  of  patients  in  every mental hygiene facility, other than a
     5  community mental health and [retardation] intellectual disability facil-
     6  ity, (ii) all  payments  made  to  the  corporation  as  rentals,  lease
     7  payments,  permit  fees or otherwise under any lease, sublease or agree-
     8  ment undertaken with respect to a community mental health and  [retarda-
     9  tion]  intellectual  disability  facility  or a current or former mental
    10  hygiene facility, (iii) all payments made to  the  corporation  for  the
    11  purchase  of  real  property  held by the corporation for the use of the
    12  department, other than payments derived from New York state medical care
    13  facilities finance  agency  financing  or  refinancing  of  the  design,
    14  construction,  acquisition,  reconstruction, rehabilitation, improvement
    15  or renovation of state operated  mental  hygiene  facilities,  (iv)  all
    16  income  from  investments  and (v) all monies received or to be received
    17  for the purposes of such account on a recurring basis, shall be  denomi-
    18  nated  the  "mental hygiene facilities improvement fund income account".
    19  The monies in any account shall be paid out  on  checks  signed  by  the
    20  commissioner  of  taxation and finance on requisition of the chairman of
    21  the corporation or of such other officer  or  employee  or  officers  or
    22  employees  as  the corporation shall authorize to make such requisition.
    23  All deposits of such money shall, if required  by  the  commissioner  of
    24  taxation  and finance or the directors of the corporation, be secured by
    25  obligations of the United States or of the state of a market value equal
    26  at all times to the amount of the deposit and all banks and trust compa-
    27  nies are authorized to give such security for such deposits. Any  moneys
    28  of  the  corporation not required for immediate use or disbursement may,
    29  at the discretion of the corporation, be invested by the commissioner of
    30  taxation and finance in accordance with the provisions of  section  98-a
    31  of the state finance law. The mental hygiene facilities improvement fund
    32  and  the  income  account therein shall remain in existence until termi-
    33  nated by the corporation by written notice to the commissioner of  taxa-
    34  tion and finance. Any moneys on deposit in the mental hygiene facilities
    35  improvement  fund  or the income account therein upon the termination of
    36  said fund and account shall be transferred by the commissioner of  taxa-
    37  tion  and  finance  to  the mental health services fund. The corporation
    38  shall not terminate the mental hygiene facilities improvement  fund  and
    39  the  income  account therein until all mental health services facilities
    40  bonds issued pursuant to: (i) the New York state medical care facilities
    41  finance agency act; (ii) article [five-c] five-C of  the  state  finance
    42  law;  and  (iii)  article  [five-f]  five-F of the state finance law and
    43  payable from the income account as described  in  paragraph  g  of  this
    44  subdivision are no longer outstanding.
    45    §  68.  The fifth undesignated paragraph of subdivision 5 of section 9
    46  of section 1 of chapter 359 of the laws of 1968, constituting the facil-
    47  ities development corporation act, as amended by chapter 58 of the  laws
    48  of 1987, is amended to read as follows:
    49    The provisions of this subdivision shall not apply to community mental
    50  health and [retardation] intellectual disability facilities.
    51    §  69.  Subdivision  6 of section 9 of section 1 of chapter 359 of the
    52  laws of 1968, constituting the facilities development  corporation  act,
    53  paragraphs  a  and  b  as  amended by chapter 58 of the laws of 1987, is
    54  amended to read as follows:
    55    6. Notwithstanding any provision of any general, special or local  law
    56  or of any charter:

        S. 6793--A                         45
 
     1    a. The governing body, as such term is defined in article forty-one of
     2  the mental hygiene law (except that with respect to the city of New York
     3  such  term  shall  mean the board of estimate), of a city or county may,
     4  upon such terms and conditions as shall be approved  by  such  governing
     5  body  and  for  such consideration, if any, as may be determined by such
     6  governing body, but not to exceed the cost of  acquisition  thereof  and
     7  the  cost  of improvements thereon, exclusive of any costs reimbursed or
     8  to be reimbursed in accordance with the provisions of article  forty-one
     9  of  the  mental hygiene law otherwise, execute and deliver to the corpo-
    10  ration a lease for a term not  exceeding  forty  years  or  a  deed  (i)
    11  conveying  to  the  corporation  real property and one or more community
    12  mental health and [retardation] intellectual  disability  facilities  of
    13  the  city  or  county  located  thereon, a portion of the costs of which
    14  facilities are eligible for state reimbursement in accordance  with  the
    15  provisions  of  article  forty-one  or article twenty-five of the mental
    16  hygiene law or (ii) conveying to the corporation real  property  of  the
    17  city  or county or an interest therein, for the purpose of causing to be
    18  constructed, reconstructed, rehabilitated or  improved  thereon  one  or
    19  more  community  mental health and [retardation] intellectual disability
    20  facilities pursuant to  this  act,  such  community  mental  health  and
    21  [retardation] intellectual disability facilities to be made available to
    22  such county or city for use and occupancy under lease, sublease or other
    23  agreement  upon such terms and conditions as may be agreed upon, includ-
    24  ing terms and conditions relating to length of  terms,  maintenance  and
    25  repair  of  community mental health and [retardation] intellectual disa-
    26  bility facilities during such term and the annual  rentals  to  be  paid
    27  therefor  for  the  use thereof. The corporation is hereby authorized to
    28  accept any such lease or conveyance, to  hold  such  real  property,  to
    29  enter into a lease, sublease or other agreement with such city or county
    30  for the purpose of making such community mental health and [retardation]
    31  intellectual  disability  facility  so  acquired  or  to be constructed,
    32  reconstructed, rehabilitated or improved thereon available for  use  and
    33  occupancy  by  such city or county, and to lease or convey real property
    34  so acquired to the New York state housing finance agency or the  medical
    35  care facilities finance agency, provided, however, that any such further
    36  lease or conveyance shall be solely for the purpose of causing community
    37  mental health and [retardation] intellectual disability facilities to be
    38  acquired, constructed, reconstructed, rehabilitated or improved thereon,
    39  such  community  mental health and [retardation] intellectual disability
    40  facilities to be made available to such city or county for use and occu-
    41  pancy under a lease, sublease or other agreement between the corporation
    42  and such city or county, upon such terms and conditions as may be agreed
    43  upon. No such lease or conveyance from the corporation to the  New  York
    44  state  housing  finance  agency  or  the  state  medical care facilities
    45  finance agency shall be for a consideration in excess  of  the  cost  of
    46  acquisition of such real property and the costs of improvements thereon.
    47  The appropriate commissioner of the department, on behalf of his office,
    48  and  the  director  of the budget shall approve all leases, subleases or
    49  agreements, whether between the corporation and such city or  county  or
    50  between  the  corporation  and  the  housing finance agency or the state
    51  medical care facilities finance agency, and the appropriate commissioner
    52  of the department shall be a party thereto. The appropriate division  of
    53  the  office  of  [alcoholism and substance abuse] addiction services and
    54  supports shall also approve all such  leases,  subleases  or  agreements
    55  relating to the construction, reconstruction, rehabilitation or improve-
    56  ment of community mental health and [retardation] intellectual disabili-

        S. 6793--A                         46
 
     1  ty facilities, constituting alcoholism or substance abuse facilities for
     2  use  in an alcoholism or substance abuse treatment program as defined in
     3  the mental hygiene law.
     4    b.  In  the  event  that the corporation shall fail, within five years
     5  after the date of such lease or conveyance, to  construct,  reconstruct,
     6  rehabilitate  or  improve  the community mental health and [retardation]
     7  intellectual disability facility or facilities thereon  for  which  such
     8  lease  or  conveyance  was  made,  or  to  cause the same to be done, as
     9  provided for in a lease, sublease or other agreement entered  into  with
    10  such  city  or county, then, subject to the terms of any lease, sublease
    11  or other agreement undertaken by the  New  York  state  housing  finance
    12  agency or the state medical care facilities finance agency, with respect
    13  thereto,  such  real property and any facilities thereon shall revert to
    14  such city or county with right of re-entry thereupon, and such lease  or
    15  deed  shall  be made subject to such condition of reverter and re-entry;
    16  provided, however, that as a condition precedent to the exercise of such
    17  right of re-entry, such city or county shall pay an amount equal to  the
    18  sum of the purchase price of such real property, the depreciated cost of
    19  any  facility or facilities constructed, reconstructed, rehabilitated or
    20  improved thereon, and all other costs of the corporation or the New York
    21  state housing finance  agency  or  the  state  medical  care  facilities
    22  finance  agency  incident  to  the costs of the acquisition of such real
    23  property and the financing of  construction,  reconstruction,  rehabili-
    24  tation  or  improvement  relating to such facility or facilities, all as
    25  provided in the aforesaid lease, sublease  or  other  agreement  entered
    26  into with such city or county.
    27    c.  No  real  property  or  interest  therein shall be acquired by the
    28  corporation pursuant to this subdivision unless title thereto shall have
    29  been approved by the attorney general.
    30    d. The attorney general shall pass upon the form and  sufficiency  and
    31  manner  of  execution of any deed of conveyance and of any lease of real
    32  property authorized to be given under this subdivision by  any  city  or
    33  county  to the corporation, and any lease, sublease or agreement between
    34  the corporation and a city or county, and the same shall not  be  effec-
    35  tive unless such deed, lease, sublease or agreement shall be so approved
    36  by him.
    37    e.  The  cost  of construction, acquisition, reconstruction, rehabili-
    38  tation or improvement  of  community  mental  health  and  [retardation]
    39  intellectual  disability facilities undertaken by the corporation pursu-
    40  ant to this act may include the cost of acquisition of any real property
    41  leased or conveyed to the corporation pursuant to paragraph  a  of  this
    42  subdivision  [six]  and  the cost of the original furnishing, equipment,
    43  machinery and apparatus as determined by the corporation.
    44    f. The provisions of this act shall not be deemed to prevent a city or
    45  county from financing the cost of constructing, acquiring,  reconstruct-
    46  ing, rehabilitating or improving a community mental health and [retarda-
    47  tion] intellectual disability facility by the issuance of bonds or capi-
    48  tal notes of such city or county pursuant to the local finance law.
    49    §  70.  The  fifth undesignated paragraph of section 2 of section 1 of
    50  chapter 392 of the laws of 1973, constituting the New York state medical
    51  care facilities finance agency act, as added by chapter 58 of  the  laws
    52  of 1987, is amended to read as follows:
    53    Prompt provision of well-equipped, modern hospitals, schools and other
    54  facilities  related  to  the care, maintenance and treatment of mentally
    55  ill, [mentally retarded]  intellectually  disabled  and  developmentally
    56  disabled  persons is also needed in the state. In order to encourage the

        S. 6793--A                         47
 
     1  investment of private capital  in  such  hospitals,  schools  and  other
     2  mental   health   services   facilities   and  to  assure  their  timely
     3  construction, acquisition, reconstruction, rehabilitation  and  improve-
     4  ment, or the refinancing thereof, the New York state medical care facil-
     5  ities  finance  agency  should be empowered, through the issuance of its
     6  bonds, notes or other obligations to the private  investing  public,  to
     7  obtain  all  or a portion of the funds necessary to finance the same and
     8  to meet the needs of patients and staff at such facilities.
     9    § 71. Subdivisions 4 and 6 of section 5-a of section 1 of chapter  392
    10  of the laws of 1973, constituting the New York state medical care facil-
    11  ities finance agency act, subdivision 4 as amended by chapter 389 of the
    12  laws  of 1987 and subdivision 6 as amended by chapter 672 of the laws of
    13  2019, are amended to read as follows:
    14    4. As used in this section or in  connection  with  a  federally-aided
    15  mortgage  loan, the term "project" means a specific work or improvement,
    16  whether or not to effectuate all or any part of  a  plan,  and  includes
    17  lands,   buildings,   improvements,   fixtures   and  personal  property
    18  constructed,   acquired,   reconstructed,   refinanced,   rehabilitated,
    19  improved,  managed, owned or operated by a non-profit corporation pursu-
    20  ant to this section, to provide hospital, residential health care, resi-
    21  dential facilities for the [mentally retarded]  intellectually  disabled
    22  and developmentally disabled [or the mentally disabled] or for the care,
    23  treatment, training and education of the [mentally retarded] intellectu-
    24  ally disabled and developmentally disabled [or the mentally disabled] or
    25  comprehensive health services facilities and such related incidental and
    26  appurtenant  facilities  as  the  agency may approve. The term "project"
    27  shall also mean a separate work or improvement, including lands,  build-
    28  ings,  fixtures and personal property related thereto, managed, owned or
    29  operated by a non-profit corporation pursuant to this section to provide
    30  such services, functions, capabilities and facilities as may be  conven-
    31  ient  or desirable for the operation of a hospital, a residential health
    32  care or comprehensive health services facility.
    33    6. As used in this section or in connection with federally-aided mort-
    34  gage loan regarding residential facilities for the  [mentally  retarded]
    35  intellectually  disabled  and  developmentally disabled [or the mentally
    36  disabled] or for the care, treatment,  training  and  education  of  the
    37  [mentally retarded] intellectually disabled and developmentally disabled
    38  [or  the  mentally disabled] the term "commissioner" shall also mean the
    39  commissioner of mental health or the  commissioner  of  the  office  for
    40  people with developmental disabilities.
    41    §  72.  Paragraph  a  of  subdivision 1 of section 9-a of section 1 of
    42  chapter 392 of the laws of 1973, constituting the New York state medical
    43  care facilities finance agency act, as amended by  chapter  166  of  the
    44  laws of 1991, is amended to read as follows:
    45    a.  "Mental  health  services  facility" shall mean a building, a unit
    46  within a building, a laboratory, a classroom, a housing unit,  a  dining
    47  hall,  an  activities  center,  a  library, real property of any kind or
    48  description, or any structure on or improvement to real property of  any
    49  kind  or  description, including fixtures and equipment which may or may
    50  not be an integral  part  of  any  such  building,  unit,  structure  or
    51  improvement, a walkway, a roadway or a parking lot, and improvements and
    52  connections  for  water, sewer, gas, electrical, telephone, heating, air
    53  conditioning and other utility services, or a combination of any of  the
    54  foregoing, whether for patient care and treatment or staff, staff family
    55  or  service  use,  located  at or related to any psychiatric center, any
    56  developmental center, or any state psychiatric or research institute  or

        S. 6793--A                         48
 
     1  other  facility  now or hereafter established under the state department
     2  of mental hygiene. A mental health services facility shall also mean and
     3  include a residential care center for adults, a "community mental health
     4  and  [retardation]  intellectual  disability  facility",  and a state or
     5  voluntary operated treatment facility for use in the conduct of an alco-
     6  holism or substance abuse treatment program as  defined  in  the  mental
     7  hygiene  law,  unless such residential care center for adults, community
     8  mental health and  [retardation]  intellectual  disability  facility  or
     9  alcoholism  or  substance  abuse  facility  is expressly excepted or the
    10  context clearly requires otherwise. The  definition  contained  in  this
    11  subdivision  shall  not  be  construed  to exclude therefrom a facility,
    12  whether or not owned or leased by a voluntary agency, to be made  avail-
    13  able  under  lease,  or sublease, from the facilities development corpo-
    14  ration to a voluntary agency at the request of the commissioners of  the
    15  offices  and  directors  of  the  divisions  of the department of mental
    16  hygiene having jurisdiction thereof for use in providing services  in  a
    17  residential  care center for adults, community mental health and [retar-
    18  dation] intellectual disability services, or for use in the  conduct  of
    19  an alcoholism or substance abuse treatment program. For purposes of this
    20  section  mental  health services facility shall also mean mental hygiene
    21  facility as defined in subdivision ten of section three of  the  facili-
    22  ties development corporation act.
    23    §  73. Paragraphs a and b of subdivision 7 of section 9-a of section 1
    24  of chapter 392 of the laws of 1973,  constituting  the  New  York  state
    25  medical  care  facilities  finance  agency  act, paragraph a as added by
    26  chapter 58 of the laws of 1987 and paragraph b as amended by chapter 506
    27  of the laws of 1997, are amended to read as follows:
    28    a. The agency shall have the power to acquire by lease  or  deed  from
    29  the facilities development corporation any real property acquired by the
    30  corporation  pursuant  to  the  provisions of subdivision six of section
    31  nine of the facilities development corporation act (i) for  the  purpose
    32  of constructing, reconstructing, rehabilitating or improving thereon one
    33  or more community mental health and [retardation] intellectual disabili-
    34  ty  facilities  or  (ii) for the purpose of financing or refinancing the
    35  acquisition, construction, reconstruction, rehabilitation or improvement
    36  thereon of one or more community mental health and [retardation]  intel-
    37  lectual  disability  facilities,  pursuant to the provisions of this act
    38  and the facilities development corporation act.   The agency  is  hereby
    39  authorized to lease or sublease such real property and facilities there-
    40  on  to the corporation for the purpose of making the same available to a
    41  city or a county not wholly within a city,  for  use  and  occupancy  in
    42  accordance  with  the provisions of a lease, sublease or other agreement
    43  between the corporation and such city or county.
    44    b. In the event that the agency shall fail, within  five  years  after
    45  the  date  of  a lease or conveyance of such real property from property
    46  from such city or county to the corporation, to construct,  reconstruct,
    47  rehabilitate  or  improve  the community mental health and [retardation]
    48  intellectual disability facility or  facility  thereon  for  which  such
    49  lease  or  conveyance  was made, as provided for in a lease, sublease or
    50  other financing agreement entered into by such city or  county  and  the
    51  corporation,  then, subject to the terms of any lease, sublease or other
    52  financing agreement undertaken by the agency, such real property and any
    53  facilities thereon shall revert to the corporation with right of  re-en-
    54  try  thereupon,  and  such  lease  or deed shall be made subject to such
    55  condition of reverter and re-entry. Provided, however, that as a  condi-
    56  tion precedent to the exercise of such right of re-entry the corporation

        S. 6793--A                         49
 
     1  shall pay to the agency an amount equal to the sum of the purchase price
     2  of  such  real  property,  the  depreciated cost of any community mental
     3  health and [retardation] intellectual disability facility or  facilities
     4  constructed,  reconstructed,  rehabilitated  or improved thereon and all
     5  other costs of the agency incident to the acquisition of such lands  and
     6  the   financing   of  construction,  reconstruction,  rehabilitation  or
     7  improvement relating to such community mental health  and  [retardation]
     8  intellectual  disability  facility or facilities, all as provided in the
     9  aforesaid lease, sublease or other financing agreement entered into with
    10  the corporation. It is further provided that for the Corona unit of  the
    11  Bernard  M.  Fineson  developmental  disabilities  services  office, the
    12  corporation may but is not required to pay to the agency an amount  less
    13  than  or  equal to the purchase price of the real property, the depreci-
    14  ated cost of sum of the community mental health and [retardation] intel-
    15  lectual disability facility constructed,  reconstructed,  rehabilitated,
    16  demolished  or  improved thereon and all other costs of the agency inci-
    17  dent to the acquisition of such lands and the financing of construction,
    18  reconstruction, rehabilitation, demolition or  improvement  relating  to
    19  such  community  mental health and [retardation] intellectual disability
    20  facility, all as provided in the  aforesaid  lease,  sublease  or  other
    21  financing agreement entered into with the corporation.
    22    § 74. This act shall take effect immediately; provided, however, that:
    23    (a)  the amendments to subclause (iii) of clause (c) of subparagraph 4
    24  of paragraph b of subdivision 1 of section 4402  of  the  education  law
    25  made  by section fourteen of this act shall be subject to the expiration
    26  and reversion of such clause pursuant to chapter  378  of  the  laws  of
    27  2007,  as  amended when upon such date the provisions of section fifteen
    28  of this act shall take effect;
    29    (b) the amendments to section 41.40 of the mental hygiene law made  by
    30  section thirty-three of this act shall not affect the expiration of such
    31  section and shall be deemed to expire therewith;
    32    (c) the amendments to section 364-j of the social services law made by
    33  section  fifty-two  of  this  act  shall  not  affect the repeal of such
    34  section and shall be deemed repealed therewith; and
    35    (d) the amendments to section 365-g of the social services law made by
    36  section fifty-three of this act shall be subject to the  expiration  and
    37  reversion  of such section when upon such date the provisions of section
    38  fifty-four of this act shall take effect.
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