LBD10921-02-1
S. 6793 2
date of entry of such final judgment unless such party or parties to
such ejectment action shall have been, at the time of the commencement
of such action or entry of final judgment, incompetent to conduct his or
her affairs by reason of mental illness or [mental retardation] INTEL-
LECTUAL DISABILITY or have been under the age of eighteen years, or be
imprisoned in execution upon conviction of a criminal offense, in which
event the period of such disability shall not be deemed to be a part of
the time limited within which such petition may be filed. Such party or
parties, or their successors in interest shall petition the commissioner
of general services for payment of the sum or a part thereof received by
the state, upon the sale made pursuant to section two hundred four, and
the said commissioner if satisfied that the claim is just and is made by
a party who, except for the entry of final judgment in an action author-
ized by section two hundred one would have been entitled to the real
property or an interest therein affected by said action, may certify
such facts to the court of claims, whereupon that court is empowered and
authorized to determine the amount of such claim or claims and award
judgment therefor, the total of which in no event shall exceed the
amount received by the people upon the sale of said real property pursu-
ant to section two hundred four.
§ 2. Paragraph (d) of subdivision 1 of section 35.07 of the arts and
cultural affairs law is amended to read as follows:
(d) In any illegal, indecent, or immoral exhibition or practice; or in
the exhibition of any such child when mentally ill, [mentally retarded]
INTELLECTUALLY DISABLED, or when presenting the appearance of any
deformity or unnatural physical formation or development; or
§ 3. Paragraph (a) of subdivision 3 of section 100 of the banking law,
as amended by chapter 115 of the laws of 1981, is amended to read as
follows:
(a) As guardian, receiver, trustee, committee or conservator of the
estate of any minor, mentally ill person, [mentally retarded] INTELLEC-
TUALLY DISABLED person, person of unsound mind, alcohol abuser or
conservatee or in any other fiduciary capacity;
§ 4. Subdivision 3 of section 100-a of the banking law, as amended by
chapter 115 of the laws of 1981, is amended to read as follows:
3. Committee of incompetent or conservator of a conservatee. Any court
having jurisdiction to appoint a trustee, guardian, receiver, committee
of the estate of a mentally ill person, [mentally retarded] INTELLECTU-
ALLY DISABLED person or alcohol abuser or conservator of the estate of a
conservatee, or to make any fiduciary appointment, may appoint any trust
company to be such trustee, guardian, receiver, committee or conserva-
tor, or to act in any other fiduciary capacity.
§ 5. Subdivision 1 of section 707 of the county law, as added by chap-
ter 1 of the laws of 1995, is amended to read as follows:
1. Notwithstanding any other provision of law to the contrary, upon a
finding in an ex parte proceeding that expert services are reasonably
necessary for the prosecution of the case whether in connection with
issues relating to guilt or sentencing or that investigative services
relating to a separate sentencing proceeding or [mental retardation]
INTELLECTUAL DISABILITY hearing pursuant to section 400.27 of the crimi-
nal procedure law are reasonably necessary, the trial court shall
authorize the payment of fees and expenses for such services. Upon a
finding that timely procurement of such services could not practicably
await prior authorization, the court may authorize the provision and
payment for such services nunc pro tunc.
S. 6793 3
§ 6. Paragraph (d) of subdivision 1 and the opening paragraph of
subdivision 2 of section 330.20 of the criminal procedure law, paragraph
(d) as amended by chapter 672 of the laws of 2019 and the opening para-
graph of subdivision 2 as amended by chapter 693 of the laws of 1989,
are amended to read as follows:
(d) "Mentally ill" means that a defendant currently suffers from a
mental illness for which care and treatment as a patient, in the in-pa-
tient services of a psychiatric center under the jurisdiction of the
state office of mental health, is essential to such defendant's welfare
and that his judgment is so impaired that he is unable to understand the
need for such care and treatment; and, where a defendant is [mentally
retarded] INTELLECTUALLY DISABLED, the term "mentally ill" shall also
mean, for purposes of this section, that the defendant is in need of
care and treatment as a resident in the in-patient services of a devel-
opmental center or other residential facility for the [mentally
retarded] INTELLECTUALLY DISABLED and developmentally disabled under the
jurisdiction of the state office for people with developmental disabili-
ties.
Upon entry of a verdict of not responsible by reason of mental disease
or defect, or upon the acceptance of a plea of not responsible by reason
of mental disease or defect, the court must immediately issue an exam-
ination order. Upon receipt of such order, the commissioner must desig-
nate two qualified psychiatric examiners to conduct the examination to
examine the defendant. In conducting their examination, the psychiatric
examiners may employ any method which is accepted by the medical profes-
sion for the examination of persons alleged to be suffering from a
dangerous mental disorder or to be mentally ill or [retarded] INTELLEC-
TUALLY DISABLED. The court may authorize a psychiatrist or psychologist
retained by a defendant to be present at such examination. The clerk of
the court must promptly forward a copy of the examination order to the
mental hygiene legal service and such service may thereafter participate
in all subsequent proceedings under this section.
§ 7. Paragraph (b) of subdivision 9, paragraphs (a), (b), (c), (d),
(e) and (f) of subdivision 12, paragraphs (a) and (c) of subdivision 13
and the opening paragraph of paragraph (a) and paragraph (c) of subdivi-
sion 14 of section 400.27 of the criminal procedure law, paragraph (b)
of subdivision 9, paragraphs (a), (b), (c), (d), (e) and (f) of subdivi-
sion 12 and paragraph (a) of subdivision 13 as added by chapter 1 of the
laws of 1995, paragraph (c) of subdivision 13 as amended by chapter 230
of the laws of 2004 and the opening paragraph of paragraph (a) and para-
graph (c) of subdivision 14 as amended by section 9 of part LLL of chap-
ter 59 of the laws of 2019, are amended to read as follows:
(b) The defendant was [mentally retarded] INTELLECTUALLY DISABLED at
the time of the crime, or the defendant's mental capacity was impaired
or his ability to conform his conduct to the requirements of law was
impaired but not so impaired in either case as to constitute a defense
to prosecution;
(a) Upon the conviction of a defendant for the offense of murder in
the first degree as defined in section 125.27 of the penal law, the
court shall, upon oral or written motion of the defendant based upon a
showing that there is reasonable cause to believe that the defendant is
[mentally retarded] INTELLECTUALLY DISABLED, promptly conduct a hearing
without a jury to determine whether the defendant is [mentally retarded]
INTELLECTUALLY DISABLED. Upon the consent of both parties, such a hear-
ing, or a portion thereof, may be conducted by the court contemporane-
ously with the separate sentencing proceeding in the presence of the
S. 6793 4
sentencing jury, which in no event shall be the trier of fact with
respect to the hearing. At such hearing the defendant has the burden of
proof by a preponderance of the evidence that he or she is [mentally
retarded] INTELLECTUALLY DISABLED. The court shall defer rendering any
finding pursuant to this subdivision as to whether the defendant is
[mentally retarded] INTELLECTUALLY DISABLED until a sentence is imposed
pursuant to this section.
(b) In the event the defendant is sentenced pursuant to this section
to life imprisonment without parole or to a term of imprisonment for the
class A-I felony of murder in the first degree other than a sentence of
life imprisonment without parole, the court shall not render a finding
with respect to whether the defendant is [mentally retarded] INTELLECTU-
ALLY DISABLED.
(c) In the event the defendant is sentenced pursuant to this section
to death, the court shall thereupon render a finding with respect to
whether the defendant is [mentally retarded] INTELLECTUALLY DISABLED. If
the court finds the defendant is [mentally retarded] INTELLECTUALLY
DISABLED, the court shall set aside the sentence of death and sentence
the defendant either to life imprisonment without parole or to a term of
imprisonment for the class A-I felony of murder in the first degree
other than a sentence of life imprisonment without parole. If the court
finds the defendant is not [ mentally retarded] INTELLECTUALLY DISABLED,
then such sentence of death shall not be set aside pursuant to this
subdivision.
(d) In the event that a defendant is convicted of murder in the first
degree pursuant to subparagraph (iii) of paragraph (a) of subdivision
one of section 125.27 of the penal law, and the killing occurred while
the defendant was confined or under custody in a state correctional
facility or local correctional institution, and a sentence of death is
imposed, such sentence may not be set aside pursuant to this subdivision
upon the ground that the defendant is [mentally retarded] INTELLECTUALLY
DISABLED. Nothing in this paragraph or paragraph (a) of this subdivision
shall preclude a defendant from presenting mitigating evidence of
[mental retardation] INTELLECTUAL DISABILITY at the separate sentencing
proceeding.
(e) The foregoing provisions of this subdivision notwithstanding, at a
reasonable time prior to the commencement of trial the defendant may,
upon a written motion alleging reasonable cause to believe the defendant
is [mentally retarded] INTELLECTUALLY DISABLED, apply for an order
directing that [a mental retardation] AN INTELLECTUAL DISABILITY hearing
be conducted prior to trial. If, upon review of the defendant's motion
and any response thereto, the court finds reasonable cause to believe
the defendant is [mentally retarded] INTELLECTUALLY DISABLED, it shall
promptly conduct a hearing without a jury to determine whether the
defendant is [mentally retarded] INTELLECTUALLY DISABLED. In the event
the court finds after the hearing that the defendant is not [mentally
retarded] INTELLECTUALLY DISABLED, the court must, prior to commencement
of trial, enter an order so stating, but nothing in this paragraph shall
preclude a defendant from presenting mitigating evidence of [mental
retardation] INTELLECTUAL DISABILITY at a separate sentencing proceed-
ing. In the event the court finds after the hearing that the defendant,
based upon a preponderance of the evidence, is [mentally retarded]
INTELLECTUALLY DISABLED, the court must, prior to commencement of trial,
enter an order so stating. Unless the order is reversed on an appeal by
the people or unless the provisions of paragraph (d) of this subdivision
apply, a separate sentencing proceeding under this section shall not be
S. 6793 5
conducted if the defendant is thereafter convicted of murder in the
first degree. In the event a separate sentencing proceeding is not
conducted, the court, upon conviction of a defendant for the crime of
murder in the first degree, shall sentence the defendant to life impri-
sonment without parole or to a sentence of imprisonment for the class
A-I felony of murder in the first degree other than a sentence of life
imprisonment without parole. Whenever [a mental retardation] AN INTEL-
LECTUAL DISABILITY hearing is held and a finding is rendered pursuant to
this paragraph, the court may not conduct a hearing pursuant to para-
graph (a) of this subdivision. For purposes of this subdivision and
paragraph (b) of subdivision nine of this section, ["mental retarda-
tion"] "INTELLECTUAL DISABILITY" means significantly subaverage general
intellectual functioning existing concurrently with deficits in adaptive
behavior which were manifested before the age of eighteen.
(f) In the event the court enters an order pursuant to paragraph (e)
of this subdivision finding that the defendant is [mentally retarded]
INTELLECTUALLY DISABLED, the people may appeal as of right from the
order pursuant to subdivision ten of section 450.20 of this chapter.
Upon entering such an order the court must afford the people a reason-
able period of time, which shall not be less than ten days, to determine
whether to take an appeal from the order finding that the defendant is
[mentally retarded] INTELLECTUALLY DISABLED. The taking of an appeal by
the people stays the effectiveness of the court's order and any order
fixing a date for trial. Within six months of the effective date of this
subdivision, the court of appeals shall adopt rules to ensure that
appeals pursuant to this paragraph are expeditiously perfected, reviewed
and determined so that pretrial delays are minimized. Prior to adoption
of the rules, the court of appeals shall issue proposed rules and
receive written comments thereon from interested parties.
(a) As used in this subdivision, the term "psychiatric evidence" means
evidence of mental disease, defect or condition in connection with
either a mitigating factor defined in this section or [a mental retarda-
tion] AN INTELLECTUAL DISABILITY hearing pursuant to this section to be
offered by a psychiatrist, psychologist or other person who has received
training, or education, or has experience relating to the identifica-
tion, diagnosis, treatment or evaluation of mental disease, mental
defect or mental condition.
(c) When a defendant serves notice pursuant to this subdivision, the
district attorney may make application, upon notice to the defendant,
for an order directing that the defendant submit to an examination by a
psychiatrist, licensed psychologist, or licensed clinical social worker
designated by the district attorney, for the purpose of rebutting
evidence offered by the defendant with respect to a mental disease,
defect, or condition in connection with either a mitigating factor
defined in this section, including whether the defendant was acting
under duress, was mentally or emotionally disturbed or [mentally
retarded] INTELLECTUALLY DISABLED, or was under the influence of alcohol
or any drug. If the application is granted, the district attorney shall
schedule a time and place for the examination, which shall be recorded.
Counsel for the people and the defendant shall have the right to be
present at the examination. A transcript of the examination shall be
made available to the defendant and the district attorney promptly after
its conclusion. The district attorney shall promptly serve on the
defendant a written copy of the findings and evaluation of the examiner.
If the court finds that the defendant has wilfully refused to cooperate
fully in an examination pursuant to this paragraph, it shall, upon
S. 6793 6
request of the district attorney, instruct the jury that the defendant
did not submit to or cooperate fully in such psychiatric examination.
When a defendant is subjected to an examination pursuant to an order
issued in accordance with this subdivision, any statement made by the
defendant for the purpose of the examination shall be inadmissible in
evidence against him in any criminal action or proceeding on any issue
other than that of whether a mitigating factor has been established or
whether the defendant is [mentally retarded] INTELLECTUALLY DISABLED,
but such statement is admissible upon such an issue whether or not it
would otherwise be deemed a privileged communication.
At a reasonable time prior to the sentencing proceeding or [a mental
retardation] AN INTELLECTUAL DISABILITY hearing:
(c) If, after complying with the provisions of this section or an
order pursuant thereto, a party finds either before or during a sentenc-
ing proceeding or [mental retardation] INTELLECTUAL DISABILITY hearing,
additional material subject to discovery or covered by court order, the
party shall promptly make disclosure or apply for a protective order.
§ 8. Subdivision 10 of section 450.20 of the criminal procedure law,
as added by chapter 1 of the laws of 1995, is amended to read as
follows:
10. An order, entered pursuant to paragraph (e) of subdivision twelve
of section 400.27, finding that the defendant is [mentally retarded]
INTELLECTUALLY DISABLED.
§ 9. Section 251 of the debtor and creditor law, as amended by chapter
115 of the laws of 1981, is amended to read as follows:
§ 251. Authority for committee or conservator to compromise claims. A
court exercising jurisdiction over the property of a mentally ill
person, [mentally retarded] INTELLECTUALLY DISABLED person, alcohol
abuser or conservatee may, upon the application of the committee of the
property of such incompetent person or the conservator of the conserva-
tee, and for good and sufficient cause shown, and upon such terms as it
may direct, authorize the committee or conservator to sell, compromise
or compound any claim or debt belonging to the estate of the incompetent
person or conservatee. But such authority shall not prevent any party
interested in the trust estate, from showing upon the final accounting
of such committee or conservator that such debt or claim was fraudu-
lently or negligently sold, compounded or compromised. The sale of any
debt or claim heretofore made in good faith by any such committee or
conservator, shall be valid, subject, however, to the approval of the
court, and the committee or conservator shall be charged with and liable
for, as a part of the trust fund, any sum which might or ought to have
been collected by him.
§ 10. Section 252 of the debtor and creditor law, as amended by chap-
ter 115 of the laws of 1981, is amended to read as follows:
§ 252. Payment by committee or conservator of claims. A committee of
the property of a person, incompetent by reason of mental illness,
[mental retardation] INTELLECTUAL DISABILITY or alcohol abuse, to manage
his affairs, or a conservator of the property of a conservatee, may,
under direction of the court exercising jurisdiction of such estate,
after payment of the expenses, disbursements and commissions of such
trust, apply so much of the funds and property of said estate remaining
in his hands as such committee or conservator, as may be necessary to
pay and discharge the proper claims of creditors who have presented
claims pursuant to the notice in this article provided for, to the
payment of such claims, and if the property so remaining be insufficient
to pay such claims in full, then the committee or conservator may
S. 6793 7
distribute the same according to law among the creditors who have
presented and proved their claims as in this article provided, and such
payment, when so made in good faith and under direction of such court,
shall relieve such committee or conservator and his sureties from
liability to creditors who have failed to present their claims as in
this article provided.
§ 11. The third undesignated paragraph of subdivision 1 of section
13-d of the domestic relations law, as added by chapter 371 of the laws
of 1986, is amended to read as follows:
Rubella infection poses a grave threat to the unborn child, especially
during the first four months of pregnancy. It can lead to miscarriage,
stillbirth, or one or all of the tragic defects such as deafness, blind-
ness, crippling congenital heart disease, [mental retardation] INTELLEC-
TUAL DISABILITY and muscular and bone defects.
§ 12. Subdivision 5 of section 115 of the domestic relations law, as
amended by chapter 305 of the laws of 2008, is amended to read as
follows:
5. Where the petition alleges that either or both of the birth parents
of the child have been deprived of civil rights or are mentally ill or
[mentally retarded] INTELLECTUALLY DISABLED, proof shall be submitted
that such disability exists at the time of the proposed adoption.
§ 13. Subdivision c of section 140 of the domestic relations law, as
amended by chapter 550 of the laws of 1978, is amended to read as
follows:
(c) Party [a mentally retarded] AN INTELLECTUALLY DISABLED person or
mentally ill person. An action to annul a marriage on the ground that
one of the parties thereto was [a mentally retarded] AN INTELLECTUALLY
DISABLED person may be maintained at any time during the life-time of
either party by any relative of [a mentally retarded] AN INTELLECTUALLY
DISABLED person, who has an interest to avoid the marriage. An action
to annul a marriage on the ground that one of the parties thereto was a
mentally ill person may be maintained at any time during the continuance
of the mental illness, or, after the death of the mentally ill person in
that condition, and during the life of the other party to the marriage,
by any relative of the mentally ill person who has an interest to avoid
the marriage. Such an action may also be maintained by the mentally ill
person at any time after restoration to a sound mind; but in that case,
the marriage should not be annulled if it appears that the parties free-
ly cohabited as husband and wife after the mentally ill person was
restored to a sound mind. Where one of the parties to a marriage was a
mentally ill person at the time of the marriage, an action may also be
maintained by the other party at any time during the continuance of the
mental illness, provided the plaintiff did not know of the mental
illness at the time of the marriage. Where no relative of the [mentally
retarded] INTELLECTUALLY DISABLED person or mentally ill person brings
an action to annul the marriage and the mentally ill person is not
restored to sound mind, the court may allow an action for that purpose
to be maintained at any time during the life-time of both the parties to
the marriage, by any person as the next friend of the [mentally
retarded] INTELLECTUALLY DISABLED person or mentally ill person.
§ 14. Section 142 of the domestic relations law, as amended by chapter
550 of the laws of 1978, is amended to read as follows:
§ 142. Dismissal of complaint in action by next friend to annul a
marriage. Where the next friend of an infant, [mentally retarded] INTEL-
LECTUALLY DISABLED person or mentally ill person maintains an action
annulling a marriage, the court may dismiss the complaint if justice so
S. 6793 8
requires, although, in a like case, the party to the marriage, if plain-
tiff, would be entitled to judgment.
§ 15. Paragraph (g) of subdivision 1 of section 414 of the education
law, as amended by chapter 257 of the laws of 1976, is amended to read
as follows:
(g) For classes of instruction for [mentally retarded] INTELLECTUALLY
DISABLED minors operated by a private organization approved by the
commissioner of education.
§ 16. The section heading and subdivisions 1, 2 and 3 of section
1004-a of the education law, the section heading and subdivisions 1 and
3 as amended by chapter 1014 of the laws of 1974 and subdivision 2 as
separately amended by chapters 474 and 475 of the laws of 1978, are
amended to read as follows:
Sheltered workshops for the [mentally retarded] INTELLECTUALLY DISA-
BLED, mentally ill and severely physically handicapped. 1. Declaration
of purpose. The conditions of [mental retardation] INTELLECTUAL DISA-
BILITY, mental illness and severe physical handicap are such that many
young people, after laborious training in the schools and otherwise,
reach the point in their lives where they can and should, under proper
and continued guidance, engage in sheltered employment. The effects of
such employment are salutary in many ways. The affected individual is
helped to become a contributing member of society. The state is saved
the expense of his institutionalization in already overcrowded state
schools and facilities. The family retains closer contact with him and
is spared the anxieties naturally attaching to separation and institu-
tionalization. All of these factors have also been shown to reflect
tangible benefit upon the [mentally retarded] INTELLECTUALLY DISABLED,
mentally ill and severely physically handicapped person in improving his
overall condition. The purpose of this measure is to specifically
encourage the development, improvement and expansion of such sheltered
employment facilities by non-profit agencies, so that the salutary
effects mentioned can be expediently accomplished.
2. Special provisions relating to [mentally retarded] INTELLECTUALLY
DISABLED, mentally ill and severely physically handicapped persons in
extended sheltered employment in workshops. Notwithstanding any other
provision of this article, when it shall appear to the satisfaction of
the department that a [mentally retarded] INTELLECTUALLY DISABLED,
mentally ill or severely physically handicapped person over the chrono-
logical age of seventeen years can reasonably be expected to benefit
from, or in his best interests reasonably requires extended sheltered
employment in a workshop as defined in section ten hundred two, subdivi-
sion eight of article twenty-one of this chapter, furnished by an
approved non-profit organization, the department is authorized to
contract with such organization for the furnishing of such sheltered
employment to such [mentally retarded] INTELLECTUALLY DISABLED, mentally
ill or severely physically handicapped person; and the department is
further authorized to expend for such purpose a sum or sums not less
than one thousand five hundred dollars per annum for each such [mentally
retarded] INTELLECTUALLY DISABLED, mentally ill or severely physically
handicapped person, for or towards the cost of providing such sheltered
employment for each such [mentally retarded] INTELLECTUALLY DISABLED,
mentally ill or severely physically handicapped person.
The department shall pay at least quarterly during the state fiscal
year such sums as are authorized to such organizations for such shel-
tered employment immediately upon the completion of evaluation and
personal adjustment services under the sponsorship of the department.
S. 6793 9
3. The department shall maintain a register of such nonprofit organ-
izations which, after inspection of the facilities for sheltered employ-
ment provided by them, it deems qualified to meet the needs of such
[mentally retarded] INTELLECTUALLY DISABLED, mentally ill and severely
physically handicapped persons. Such inspection shall also determine the
eligibility of such organization to receive the funds hereinbefore spec-
ified.
§ 17. Subdivision 8-a of section 1950 of the education law, as added
by chapter 762 of the laws of 1972, is amended to read as follows:
8-a. Notwithstanding any other provision of this section and with the
consent of the commissioner, the city school district of the city of
Syracuse may, upon consent of the board of cooperative educational
services for the sole supervisory district for Onondaga and Madison
counties, be included as a component district for the sole purpose of
operating a combined program and/or constructing a combined facility for
the trainable [mentally retarded] INTELLECTUALLY DISABLED children in
the city of Syracuse and the county of Onondaga. Such city school
district shall add an amount to its budget and levy, collect and pay the
same to such board of cooperative educational services to defray the
proportional expenses of constructing and operating such facility for
such children. Such city school district shall not be liable for payment
of administrative expenses as provided for in paragraph b of subdivision
four of this section nor shall such city school district be eligible for
the payment of state aid under this section except such city school
district shall receive state aid based on its proportionate share of
building expenses related to this program as determined by the commis-
sioner.
§ 18. Paragraphs a, b, and c, and subparagraphs 1, 8 and 13 of para-
graph d of subdivision 5 of section 3202 of the education law, paragraph
a as added by chapter 47 of the laws of 1977 and as renumbered by chap-
ter 563 of the laws of 1980, paragraph b as amended by section 26 of
part B of chapter 57 of the laws of 2007, paragraph c and subparagraphs
1 and 13 of paragraph d as amended by chapter 672 of the laws of 2019,
and subparagraph 8 of paragraph d as added by chapter 721 of the laws of
1979 and as renumbered by chapter 57 of the laws of 1993, are amended to
read as follows:
a. Children who reside in a school for the [mentally retarded] INTEL-
LECTUALLY DISABLED operated by the department of mental hygiene and for
whom the department has assumed responsibility for support and mainte-
nance prior to July one, nineteen hundred seventy-seven and who are
placed in a family home at board, a duly incorporated orphan asylum or
other institution for the care, custody and treatment of children shall
be admitted to the schools of the school district in which such family
home or institution is located. The education department is authorized
to reimburse each school district furnishing educational services to
such children for the direct cost of such services in accordance with
regulations promulgated by the commissioner and approved by the director
of the budget. The educational costs for these children shall not be
otherwise aidable or reimbursable.
b. Children who reside in a school for the [mentally retarded] INTEL-
LECTUALLY DISABLED operated by the department of mental hygiene and for
whose support and maintenance the department assumes responsibility on
or after July one, nineteen hundred seventy-seven and who are thereafter
placed in a family home at board, a duly incorporated orphan asylum or
other institution for the care, custody and treatment of children shall
be admitted to the schools of the school district in which such family
S. 6793 10
home or institution is located. The education department is authorized
to reimburse each school district furnishing educational services to
such children for the direct cost of such services in accordance with
regulations promulgated by the commissioner and approved by the director
of the budget. The educational costs for these children shall not be
otherwise aidable or reimbursable. The school district in which the
child resided at the time the department of mental hygiene assumed
responsibility for the support and maintenance of such child shall reim-
burse the education department for its expenditure on behalf of such
child in an amount equal to the school district basic contribution, as
such term is defined in subdivision eight of section four thousand four
hundred one of this chapter. The comptroller may deduct from any state
funds which become due to a school district an amount equal to the
reimbursement required to be made by such school district in accordance
with this paragraph, and the amount so deducted shall not be included in
the operating expense of such district for the purpose of computing the
approved operating expense pursuant to paragraph t of subdivision one of
section thirty-six hundred two of this chapter. The department of mental
hygiene shall notify the education department of the name of the child,
the location of the family home or institution where the child is to be
placed and the name of the school district in which such child resided
at the time the department of mental hygiene assumed responsibility for
his or her support and maintenance.
c. (1) The education department is authorized to reimburse each school
district furnishing educational services to children residing in schools
for the [mentally retarded] INTELLECTUALLY DISABLED operated by the
office for people with developmental disabilities for the direct cost of
such services in accordance with regulations promulgated by the commis-
sioner and approved by the director of the budget.
(2) The school district in which each such child resided at the time
the office for people with developmental disabilities assumed responsi-
bility for the support and maintenance of such child shall reimburse the
education department for its expenditures on behalf of such child, in an
amount equal to the school district basic contribution as such term is
defined in subdivision eight of section forty-four hundred one of this
chapter, for any such child admitted to a state school for the
[retarded] INTELLECTUALLY DISABLED on or after July first, nineteen
hundred seventy-eight. The comptroller may deduct from any state funds
which become due to a school district an amount equal to the reimburse-
ment required to be made by such school district in accordance with this
paragraph and the amount so deducted shall not be included in the
approved operating expense of such district for the purpose of computing
the approved operating expenses pursuant to paragraph t of subdivision
one of section thirty-six hundred two of this chapter.
(1) Children who reside in an intermediate care facility for the
[mentally retarded] INTELLECTUALLY DISABLED, other than a state operated
school for the [mentally retarded] INTELLECTUALLY DISABLED, as defined
in regulations of the office for people with developmental disabilities,
shall be admitted to the public schools, except as otherwise provided in
subparagraph fourteen of this paragraph. The trustees or board of
education of the school district in which such facility is located shall
receive such children in the school or schools of the district for
instruction and for the provision of necessary related services for a
compensation to be fixed by the trustees or board of education, unless
such trustees or board of education shall establish to the satisfaction
of the commissioner of education that there are valid and sufficient
S. 6793 11
reasons for refusal to receive such children. Evaluation of the educa-
tional needs of such children and placement in appropriate educational
programs shall be made in accordance with article eighty-nine of this
chapter.
(8) A board of education of a school district which receives notifica-
tion that a child has been placed in an intermediate care facility for
the [mentally retarded] INTELLECTUALLY DISABLED may deny financial
responsibility for any child by written notice within twenty days of
such notification to the school district furnishing instruction and the
intermediate care facility.
(13) The school district providing educational services to children
placed pursuant to this paragraph shall provide a report on the status
of each such child with a handicapping condition annually to the commit-
tee on special education of the school district in which the child
resided at the time of admission to the intermediate care facility for
the [mentally retarded] INTELLECTUALLY DISABLED. Such report shall also
be sent to the parent or guardian of the child and the office for people
with developmental disabilities.
§ 19. Subclause (iii) of clause (c) of subparagraph 4 of paragraph b
of subdivision 1 of section 4402 of the education law, as amended by
chapter 378 of the laws of 2007, is amended to read as follows:
(iii) where neither such agency exists in the locality, either the
area developmental disabilities services office, where the primary
reason the child is at risk of placement relates to [mental retardation]
INTELLECTUAL DISABILITY or a developmental disability, or the local
mental health agency, where the primary reason the child is at risk of
placement relates to any other mental disability.
§ 20. Subclause (iii) of clause (c) of subparagraph 4 of paragraph b
of subdivision 1 of section 4402 of the education law, as amended by
chapter 600 of the laws of 1994, is amended to read as follows:
(iii) where neither such agency exists in the locality, either the
area developmental disabilities services office, where the primary
reason the child is at risk of placement relates to [mental retardation]
INTELLECTUAL DISABILITY or a developmental disability, or the local
mental health agency, where the primary reason the child is at risk of
placement relates to any other mental disability.
§ 21. Subdivision 4 of section 4403 of the education law, as amended
by chapter 53 of the laws of 1986, is amended to read as follows:
4. To periodically inspect, report on the adequacy of and make recom-
mendations concerning instructional programs or special services for all
children with handicapping conditions who reside in or attend any state
operated or state financed social service facilities, youth facilities,
health facilities, mental health, [mental retardation] INTELLECTUAL
DISABILITY and developmental disabilities facilities or state correc-
tional facilities.
§ 22. Section 4809 of the education law, as amended by chapter 550 of
the laws of 1978, is amended to read as follows:
§ 4809. Transfer of pupils. The board of managers shall have full
power to transfer to other institutions any child committed by a court
found to be incorrigible, not amenable to proper discipline and training
of the school, or [mentally retarded] INTELLECTUALLY DISABLED, in the
manner and by the methods prescribed and set forth in the penal law.
§ 23. Paragraph a of subdivision 3 of section 6507 of the education
law, as amended by chapter 672 of the laws of 2019, is amended to read
as follows:
S. 6793 12
a. Establish standards for preprofessional and professional education,
experience and licensing examinations as required to implement the arti-
cle for each profession. Notwithstanding any other provision of law, the
commissioner shall establish standards requiring that all persons apply-
ing, on or after January first, nineteen hundred ninety-one, initially,
or for the renewal of, a license, registration or limited permit to be a
physician, chiropractor, dentist, registered nurse, podiatrist, optome-
trist, psychiatrist, psychologist, licensed master social worker,
licensed clinical social worker, licensed creative arts therapist,
licensed marriage and family therapist, licensed mental health counse-
lor, licensed psychoanalyst, dental hygienist, licensed behavior
analyst, or certified behavior analyst assistant shall, in addition to
all the other licensure, certification or permit requirements, have
completed two hours of coursework or training regarding the identifica-
tion and reporting of child abuse and maltreatment. The coursework or
training shall be obtained from an institution or provider which has
been approved by the department to provide such coursework or training.
The coursework or training shall include information regarding the phys-
ical and behavioral indicators of child abuse and maltreatment and the
statutory reporting requirements set out in sections four hundred thir-
teen through four hundred twenty of the social services law, including
but not limited to, when and how a report must be made, what other
actions the reporter is mandated or authorized to take, the legal
protections afforded reporters, and the consequences for failing to
report. Such coursework or training may also include information regard-
ing the physical and behavioral indicators of the abuse of individuals
with [mental retardation] AN INTELLECTUAL DISABILITY and other develop-
mental disabilities and voluntary reporting of abused or neglected
adults to the office for people with developmental disabilities or the
local adult protective services unit. Each applicant shall provide the
department with documentation showing that he or she has completed the
required training. The department shall provide an exemption from the
child abuse and maltreatment training requirements to any applicant who
requests such an exemption and who shows, to the department's satisfac-
tion, that there would be no need because of the nature of his or her
practice for him or her to complete such training;
§ 24. Subparagraph (i) of paragraph (a) of subdivision 1 of section
509 of the executive law, as added by chapter 659 of the laws of 1977
and renumbered by chapter 465 of the laws of 1992, is amended to read as
follows:
(i) that such child is mentally ill or [mentally retarded] INTELLECTU-
ALLY DISABLED and will substantially benefit from care and treatment in
such a state school or hospital; and
§ 25. Subdivision (b) of section 115 of the family court act, as
amended by chapter 281 of the laws of 1980, is amended to read as
follows:
(b) The family court has such other jurisdiction as is set forth in
this act, including jurisdiction over habeas corpus proceedings and over
applications for support, maintenance, a distribution of marital proper-
ty and custody in matrimonial actions when referred to the family court
by the supreme court, conciliation proceedings, and proceedings concern-
ing physically handicapped and [mentally defective or retarded] INTEL-
LECTUALLY DISABLED children.
§ 26. Section 28 of the general construction law, as amended by chap-
ter 550 of the laws of 1978, is amended to read as follows:
S. 6793 13
§ 28. Lunatic, mentally ill person, lunacy and mental illness. The
terms lunatic, mentally ill person, lunacy and mental illness include
every kind of unsoundness of mind except idiocy or [mental retardation]
INTELLECTUAL DISABILITY.
§ 27. Item (i) of subparagraph (A) of paragraph 4 of subsection (a) of
section 3216 of the insurance law, as amended by chapter 219 of the laws
of 2011, is amended to read as follows:
(i) Any unmarried dependent child, regardless of age, who is incapable
of self-sustaining employment by reason of mental illness, developmental
disability, or [mental retardation] INTELLECTUAL DISABILITY as defined
in the mental hygiene law, or physical handicap and who became so inca-
pable prior to the age at which dependent coverage would otherwise
terminate, shall be included in coverage subject to any pre-existing
conditions limitation applicable to other dependents; or
§ 28. Subparagraph (A) of paragraph 4 and subparagraph (B) of para-
graph 5 of subsection (c) of section 3216 of the insurance law, subpara-
graph (A) of paragraph 4 as amended by chapter 93 of the laws of 1989
and subparagraph (B) of subdivision 5 as amended by section 46-b of part
D of chapter 56 of the laws of 2013, are amended to read as follows:
(A) Coverage of an unmarried dependent child who is incapable of self-
sustaining employment by reason of mental illness, developmental disa-
bility, or [mental retardation] INTELLECTUAL DISABILITY, as defined in
the mental hygiene law, or physical handicap and who became so incapable
prior to attainment of the age at which dependent coverage would other-
wise terminate and who is chiefly dependent upon such policyholder for
support and maintenance, shall not terminate while the policy remains in
force and the dependent remains in such condition, if the policyholder
has within thirty-one days of such dependent's attainment of the limit-
ing age submitted proof of such dependent's incapacity as described
herein.
(B) Written notice of entitlement to a conversion policy shall be
given by the insurer to the policyholder at least fifteen and not more
than sixty days prior to the termination of coverage due to the initial
limiting age of the covered dependent. Such notice shall include an
explanation of the rights of the dependent with respect to the dependent
being enrolled in an accredited institution of learning or his incapaci-
ty for self-sustaining employment by reason of mental illness, develop-
mental disability or [mental retardation] INTELLECTUAL DISABILITY as
defined in the mental hygiene law or physical handicap.
§ 29. Item (ii) of subparagraph (A) of paragraph 1 of subsection (f)
of section 4235 of the insurance law, as amended by chapter 219 of the
laws of 2011, is amended to read as follows:
(ii) a policy under which coverage terminates at a specified age shall
not so terminate with respect to an unmarried child who is incapable of
self-sustaining employment by reason of mental illness, developmental
disability, [mental retardation] INTELLECTUAL DISABILITY, as defined in
the mental hygiene law, or physical handicap and who became so incapable
prior to attainment of the age at which coverage would otherwise termi-
nate and who is chiefly dependent upon such employee or member for
support and maintenance, while the insurance of the employee or member
remains in force and the child remains in such condition, if the insured
employee or member has within thirty-one days of such child's attainment
of the termination age submitted proof of such child's incapacity as
described herein.
S. 6793 14
§ 30. Item (ii) of subparagraph (A) of paragraph 1 and paragraph 3 of
subsection (d) of section 4304 of the insurance law, as amended by chap-
ter 219 of the laws of 2011, are amended to read as follows:
(ii) The coverage of any such "family contract" shall include any
other unmarried child, regardless of age, who is incapable of self-sus-
taining employment by reason of mental illness, developmental disabili-
ty, [mental retardation] INTELLECTUAL DISABILITY, as defined in the
mental hygiene law, or physical handicap and who became so incapable
prior to attainment of the age at which coverage would otherwise termi-
nate.
(3) Coverage of an unmarried dependent child who is incapable of self-
sustaining employment by reason of mental illness, developmental disa-
bility or [mental retardation] INTELLECTUAL DISABILITY, as defined in
the mental hygiene law, or physical handicap and who became so incapable
prior to attainment of the age at which coverage would otherwise termi-
nate and who is chiefly dependent upon the contract holder for support
and maintenance, shall not terminate while the contract remains in force
and the child remains in such condition, if the contract holder has
within thirty-one days of such child's attainment of the limiting age
submitted proof of such child's incapacity as described herein.
§ 31. Item (ii) of subparagraph (A) of paragraph 1 of subsection (c)
of section 4305 of the insurance law, as amended by chapter 219 of the
laws of 2011, is amended to read as follows:
(ii) a contract under which coverage terminates at a specified age
shall, with respect to an unmarried child who is incapable of self-sus-
taining employment by reason of mental illness, developmental disabili-
ty, [mental retardation] INTELLECTUAL DISABILITY, as defined in the
mental hygiene law, or physical handicap and who became so incapable
prior to attainment of the age at which coverage would otherwise termi-
nate and who is chiefly dependent upon such member for support and main-
tenance, not so terminate while the contract remains in force and the
child remains in such condition, if the member has within thirty-one
days of such child's attainment of the termination age submitted proof
of such child's incapacity as described herein.
§ 32. Paragraph a of subdivision 1 of section 35 of the judiciary law,
as amended by chapter 817 of the laws of 1986, is amended to read as
follows:
a. When a court orders a hearing in a proceeding upon a writ of habeas
corpus to inquire into the cause of detention of a person in custody in
a state institution, or when it orders a hearing in a civil proceeding
to commit or transfer a person to or retain him in a state institution
when such person is alleged to be mentally ill, mentally defective or a
narcotic addict, or when it orders a hearing for the commitment of the
guardianship and custody of a child to an authorized agency by reason of
the mental illness or [mental retardation] INTELLECTUAL DISABILITY of a
parent, or when it orders a hearing to determine whether consent to the
adoption of a child shall be required of a parent who is alleged to be
mentally ill or [mentally retarded] INTELLECTUALLY DISABLED, or when it
orders a hearing to determine the best interests of a child when the
parent of the child revokes a consent to the adoption of such child and
such revocation is opposed or in any adoption or custody proceeding if
it determines that assignment of counsel in such cases is mandated by
the constitution of this state or of the United States, the court may
assign counsel to represent such person if it is satisfied that he is
financially unable to obtain counsel. Upon an appeal taken from an order
entered in any such proceeding, the appellate court may assign counsel
S. 6793 15
to represent such person upon the appeal if it is satisfied that he is
financially unable to obtain counsel.
§ 33. That portion of subdivision 1 of section 5-a of the legislative
law entitled "ASSEMBLYMEN SERVING IN SPECIAL CAPACITY", as amended by
section 3 of part XX of chapter 56 of the laws of 2009, is amended to
read as follows:
ASSEMBLYMEN SERVING IN SPECIAL CAPACITY
Chairman of assembly ways and means committee ................... 34,000
Ranking minority member of assembly ways and means
committee ...................................................... 20,500
Chairman of assembly judiciary committee ........................ 18,000
Ranking minority member of assembly judiciary
committee ...................................................... 11,000
Chairman of assembly codes committee ............................ 18,000
Ranking minority member of assembly codes
committee ...................................................... 11,000
Chairman of assembly banks committee ............................ 15,000
Ranking minority member of assembly banks committee .............. 9,500
Chairman of assembly committee on cities ........................ 15,000
Ranking minority member of assembly committee on cities .......... 9,500
Chairman of assembly education committee ........................ 18,000
Ranking minority member of assembly education committee ......... 11,000
Chairman of assembly health committee ........................... 15,000
Ranking minority member of assembly health committee ............. 9,500
Chairman of assembly local governments committee ................ 15,000
Ranking minority member of assembly local governments
committee ....................................................... 9,500
Chairman of assembly agriculture committee ...................... 12,500
Ranking minority member of assembly agriculture committee ........ 9,000
Chairman of assembly economic development, job creation,
commerce and industry committee ................................ 18,000
Ranking minority member of assembly economic development,
job creation, commerce and industry committee .................. 11,000
Chairman of assembly environmental conservation committee ....... 12,500
Ranking minority member of assembly environmental
conservation committee .......................................... 9,000
Chairman of assembly corporations, authorities
and commissions committee ...................................... 15,000
Ranking minority member of assembly corporations,
authorities, and commissions committee .......................... 9,500
Chairman of assembly correction committee ....................... 12,500
Ranking minority member of assembly correction committee ......... 9,000
Chairman of assembly ethics and guidance committee .............. 12,500
Ranking minority member of assembly ethics and guidance
committee ....................................................... 9,000
Chairman of assembly governmental employees committee ........... 12,500
Ranking minority member of assembly governmental
employees committee ............................................. 9,000
Chairman of assembly governmental operations committee .......... 12,500
Ranking minority member of assembly governmental
operations committee ............................................ 9,000
Chairman of assembly housing committee .......................... 12,500
Ranking minority member of assembly housing committee ............ 9,000
Chairman of assembly insurance committee ........................ 12,500
S. 6793 16
Ranking minority member of assembly insurance committee .......... 9,000
Chairman of assembly labor committee ............................ 14,000
Ranking minority member of assembly labor committee .............. 9,000
Chairman of assembly racing and wagering committee .............. 12,500
Ranking minority member of assembly racing and wagering
committee ....................................................... 9,000
Chairman of assembly social services committee .................. 12,500
Ranking minority member of assembly social services
committee ....................................................... 9,000
Chairman of assembly small business committee ................... 12,500
Ranking minority member of assembly small business
committee ....................................................... 9,000
Chairman of assembly transportation committee ................... 15,000
Ranking minority member of assembly transportation
committee ....................................................... 9,500
Chairman of assembly veterans' affairs committee ................ 12,500
Ranking minority member of assembly veterans' affairs
committee ....................................................... 9,000
Chairman of assembly aging committee ............................ 12,500
Ranking minority member of assembly aging committee .............. 9,000
Chairman of the assembly alcoholism and drug abuse
committee ...................................................... 12,500
Ranking minority member of the assembly
alcoholism and drug abuse committee ............................. 9,000
Chairman of assembly committee on mental health[,
mental retardation and developmental disabilities] ............. 12,500
Ranking minority member of assembly committee on mental health[,
mental retardation and developmental disabilities] .............. 9,000
Chairman of assembly higher education committee ................. 12,500
Ranking minority member of assembly higher education
committee ....................................................... 9,000
Chairman of assembly real property taxation committee ........... 12,500
Ranking minority member of assembly real property
taxation committee .............................................. 9,000
Chairman of assembly election law committee ..................... 12,500
Ranking minority member of assembly election
law committee ................................................... 9,000
Chairman of assembly children and families committee ............ 12,500
Ranking minority member of assembly children
and families committee .......................................... 9,000
Chairman of assembly consumer affairs and protection
committee ...................................................... 12,500
Ranking minority member of assembly consumer affairs and
protection committee ............................................ 9,000
Chairman of the assembly energy committee ....................... 12,500
Ranking minority member of assembly energy committee ............. 9,000
Chairman of assembly tourism, parks, arts and sports development
committee ...................................................... 12,500
Ranking minority member of assembly tourism, parks, arts and
sports development committee .................................... 9,000
Chairman of assembly oversight, analysis and investigation
committee ...................................................... 12,500
Ranking minority member of assembly oversight,
analysis and investigation committee ............................ 9,000
Chairman of assembly office of state-federal relations .......... 12,500
Chairman of majority house operations ........................... 12,500
S. 6793 17
Chairman of minority house operations ............................ 9,000
Co-chairman of the administrative regulations review
commission ..................................................... 12,500
§ 34. The closing paragraph of section 13.01 of the mental hygiene
law, as added by chapter 168 of the laws of 2010, is amended to read as
follows:
Any provisions of this article which explicitly or implicitly apply
to, or reference, persons who are [mentally retarded] INTELLECTUALLY
DISABLED, shall be deemed to apply to, or reference, persons with devel-
opmental disabilities.
§ 35. The article heading of article 15 of title C of the mental
hygiene law, as renumbered by chapter 978 of the laws of 1977, is
amended to read as follows:
ADMISSION OF THE [MENTALLY RETARDED] INTELLECTUALLY
DISABLED TO SCHOOLS
§ 36. The seventh undesignated paragraph of section 15.01 of the
mental hygiene law, as added by chapter 78 of the laws of 2000, is
amended to read as follows:
any provisions of this article which explicitly or implicitly apply
to, or reference, persons who are, or who are alleged to be, [mentally
retarded] INTELLECTUALLY DISABLED shall be deemed to apply to, or to be
a reference to, persons who are, or who are alleged to be, develop-
mentally disabled.
§ 37. The closing paragraph of section 16.00 of the mental hygiene
law, as added by chapter 168 of the laws of 2010, is amended to read as
follows:
Any provisions of this article which explicitly or implicitly apply
to, or reference, persons who are [mentally retarded] INTELLECTUALLY
DISABLED, shall be deemed to apply to, or reference, persons with devel-
opmental disabilities.
§ 38. Paragraphs 1 and 2 of subdivision (a) of section 41.17 of the
mental hygiene law, as amended by chapter 471 of the laws of 1980, are
amended to read as follows:
1. develop standards for admissions to all facilities for the care of
the mentally ill, [mentally retarded] INTELLECTUALLY DISABLED and devel-
opmentally disabled, and those suffering from the disease of alcoholism,
alcohol abuse, substance abuse or substance dependence consistent with
the requirements of articles nine, fifteen and twenty-one of this chap-
ter taking into account characteristics of clients and providers;
2. develop standards for discharges from all facilities for the care
of the mentally ill, [mentally retarded] INTELLECTUALLY DISABLED and
developmentally disabled, and those suffering from the disease of alco-
holism, alcohol abuse, substance abuse or substance dependence taking
into account the availability and adequacy of community residential and
treatment services and the rights of the patient;
§ 39. Paragraph (i) of subdivision (b) of section 41.18 of the mental
hygiene law, as amended by chapter 376 of the laws of 1991, is amended
to read as follows:
(i) Local governments shall be granted state aid, in accordance with
the provisions of this subdivision, for approved net operating costs
pursuant to an approved local services plan at the rate of fifty percent
of the amount incurred during the local fiscal year by such local
governments and by voluntary agencies pursuant to contract with such
local governments; provided, however, that a local government having a
population of less than two hundred thousand shall be granted state aid
S. 6793 18
at the rate of seventy-five percent for the first one hundred thousand
dollars of its approved net operating costs. Notwithstanding the forego-
ing, local governments shall be granted state aid of one hundred percent
of the net operating costs expended by such local governments and by
voluntary agencies pursuant to contract with such local governments for
services to [mentally retarded] INTELLECTUALLY DISABLED or develop-
mentally disabled persons who were patients in a state facility for a
continuous period of five or more years following the first day of Janu-
ary, nineteen hundred sixty-nine, provided that such services are
rendered in accordance with an approved local services plan. Such one
hundred percent state aid for services to such persons shall be also
provided to a voluntary agency pursuant to a direct contract between
such agency and an office of the department whenever such services
provided pursuant to such direct contract are rendered in accordance
with an approved local services plan for servicing such clients. For
purposes of determining whether a person has been a patient in such a
facility for a continuous period of five years or more, if a person who
has been discharged or released from such a facility is thereafter
returned to such a facility within ninety days of the discharge or
release, the period of time between such discharge or release and such
return shall not constitute an interruption of, and shall be counted as
part of, the continuous period.
§ 40. Paragraph 1 of subdivision (a) and paragraphs 1 and 2 of subdi-
vision (c) of section 41.40 of the mental hygiene law, as added by chap-
ter 548 of the laws of 1982, are amended to read as follows:
1. "Respite" shall mean the provision of intermittent temporary
substitute care of [mentally retarded] INTELLECTUALLY DISABLED or devel-
opmentally disabled persons on behalf of and in the absence of the
parent or legal guardian of the [mentally retarded] INTELLECTUALLY DISA-
BLED or developmentally disabled person, for the purpose of providing
relief from the stresses of responsibilities concommitant with providing
continued care. Respite shall not exceed forty-two days in any calendar
year for any individual except where authorized by the commissioner,
subject to the approval of the director of the budget.
1. An analysis of the effectiveness of respite in promoting the
continuance of quality care for such [mentally retarded] INTELLECTUALLY
DISABLED and developmentally disabled persons.
2. A qualitative and quantitative analysis of respite services
rendered by providers herein, together with demographic analysis of the
families and [mentally retarded] INTELLECTUALLY DISABLED or develop-
mentally disabled persons participating in the project and the degree of
disability of participants.
§ 41. The article heading of article 75 of the mental hygiene law is
amended to read as follows:
COMMUNITY MENTAL HEALTH SERVICES AND [MENTAL
RETARDATION] INTELLECTUAL DISABILITY
SERVICES COMPANIES
§ 42. Subdivisions 1, 2 and 4 of section 75.05 of the mental hygiene
law, subdivision 4 as amended by chapter 570 of the laws 1982, is
amended to read as follows:
1. "Company", "community mental health services company" or "community
[mental retardation] INTELLECTUAL DISABILITY services company". A compa-
ny, duly incorporated pursuant to the provisions of the not-for-profit
corporation law and this article, for the purpose of providing for the
care, treatment, training, education, and residence of the [mentally]
S. 6793 19
INTELLECTUALLY disabled, and such facilities as may be incidental or
appurtenant thereto.
2. "Project", "community mental health services project" or "community
[mental retardation] INTELLECTUAL DISABILITY services project". A
specific work or improvement, including lands, buildings, improvements,
fixtures, and articles of personal property, constructed, acquired,
reconstructed, rehabilitated, managed, owned, or operated by a company
pursuant to this article, to provide community residential facilities
for operation as hostels for the [mentally] INTELLECTUALLY disabled or
for the care, treatment, training, education of the [mentally] INTELLEC-
TUALLY disabled, or both, including such facilities as may be incidental
or appurtenant thereto.
4. "Project cost", "community mental health services project cost" or
"community [mental retardation] INTELLECTUAL DISABILITY services project
cost". The sum total of all costs incurred by a company as approved by
the commissioner as reasonable and necessary for carrying out all works
and undertakings and providing all necessary equipment for the develop-
ment of a project less any portion of any state, federal or municipal
assistance grant, as the commissioner shall, prior to the making of a
mortgage loan by the New York state housing finance agency to a company,
determine to be available to reimburse the company for the payment of
such project costs prior to the initial occupancy of the project, and
all costs relating to the refinancing of existing indebtedness associ-
ated with the development of the project which constitutes a lien or
other encumbrance upon the real property or assets of a company to be
mortgaged or otherwise pledged to the agency. These shall include but
are not necessarily limited to the carrying charges during construction
up to and including the occupancy date, working capital not exceeding
three per centum of the estimated total cost or three percentum of the
actual total final cost, whichever is larger, the cost of all necessary
studies, surveys, plans and specifications, architectural, engineering,
legal, or other special services, the cost of acquisition of land and
any improvements thereon, site preparation and development,
construction, reconstruction, rehabilitation, improvement and equipment,
including fixtures, equipment, and articles of personal property
required for the operation of care, treatment, training, educational,
and residential facilities, the reasonable cost of financing incurred by
the company in the course of the development of the project, up to and
including the occupancy date, the fees imposed by the commissioner and
by the New York state housing finance agency; other fees charged, and
necessary expenses incurred in connection with the initial occupancy of
the project, and the cost of such other items as the commissioner may
determine to be reasonable and necessary for the development of a
project, less any and all rents and other net revenues from the opera-
tion of the real property, improvements or personal property on the
project site, or any part thereof, by the company on and after the date
on which the contract between the company and the New York state housing
finance agency was entered into and prior to the occupancy date.
§ 43. Subdivision 1 of section 2581 of the public health law, as
amended by chapter 231 of the laws of 2010, is amended to read as
follows:
1. "Children with physical disabilities" means any persons under twen-
ty-one years of age who are disabled by reason of a defect or disabili-
ty, whether congenital or acquired by accident, injury, or disease, or
who are suffering from long-term disease, including, but without limit-
ing the generality of the foregoing, chronic granulomatous, cystic
S. 6793 20
fibrosis, epidermolysis bullosa, muscular dystrophy, nephrosis, rheumat-
ic fever and rheumatic heart disease, blood dyscrasies, cancer, lymphat-
ic diseases, including, but not limited to: insufficiency of lymphatic
circulatory function (to include all forms of lymphedema, both primary
and secondary); lipedema; complex vascular diseases of the lymphatic
vasculature, including lymphangiomatosis, lymphangioleio-myomatosis,
lymphangiectasias, lymphangiomas, cystic hygromas, Gorham's disease,
lymphangiosarcoma, and complex vascular/lymphatic malformations and
syndromes, brain injured, and chronic asthma, or from any disease or
condition likely to result in a disability in the absence of treatment,
provided, however, no child shall be deprived of a service under the
provisions of this chapter solely because of the degree of [mental
retardation] INTELLECTUAL DISABILITY.
§ 44. The opening paragraph of subdivision 3 of section 2994-b of the
public health law, as amended by chapter 708 of the laws of 2019, is
amended to read as follows:
Prior to seeking or relying upon a health care decision by a surrogate
for a patient under this article, if the attending practitioner has
reason to believe that the patient has a history of receiving services
for [mental retardation] AN INTELLECTUAL DISABILITY or a developmental
disability; it reasonably appears to the attending practitioner that the
patient has [mental retardation] AN INTELLECTUAL DISABILITY or a devel-
opmental disability; or the practitioner has reason to believe that the
patient has been transferred from a mental hygiene facility operated or
licensed by the office of mental health, then such physician, nurse
practitioner or physician assistant shall make reasonable efforts to
determine whether paragraphs (a), (b) or (c) of this subdivision are
applicable:
§ 45. The section heading and subdivision 1 of section 34 of the
public lands law, as amended by chapter 703 of the laws of 1994, are
amended to read as follows:
Transfer of unappropriated state lands for mental health, [mental
retardation] INTELLECTUAL DISABILITY, park, recreation, playground,
reforestation, street or highway purposes. 1. Such commissioner of
general services may, from time to time, transfer and convey to a city,
incorporated village, town or county, in consideration of one dollar to
be paid to the state of New York, and on such terms and conditions as
such commissioner may impose, a part or all of any parcel or parcels of
unappropriated state lands upon certification that such parcel or
parcels are useful for local mental health facilities, [mental retarda-
tion] INTELLECTUAL DISABILITY facilities, park, recreation, playground,
reforestation, street or highway purposes, and that they will be proper-
ly improved and maintained for one or more of such purposes and provided
that this disposition of such parcel or parcels is not otherwise prohib-
ited. Certification shall be evidenced by a formal request from the
board of estimate, common council, village board, town board or county
board of supervisors, setting forth in detail the parcel or parcels to
be released, transferred and conveyed and the availability and useful-
ness of such parcel or parcels for one or more of such purposes. In the
city of New York however, certification shall be evidenced by a formal
request from the mayor. In the event that lands transferred under the
provisions of this section are not properly improved and maintained for
one or more of the purposes contemplated by this section by the city,
village, town or county to which they were transferred, the title there-
to shall revert to the people of the state of New York, and the attor-
ney-general may institute an action in the supreme court for a judgment
S. 6793 21
declaring a revesting of such title in the state. Such commissioner may
also transfer any unappropriated state lands to the office of parks,
recreation and historic preservation or the department of environmental
conservation, upon the application of the commissioner thereof indicat-
ing that such unappropriated state lands are required for state park
purposes within the area of jurisdiction of such office or department.
§ 46. Subdivision 8 of section 41 of the private housing finance law,
as amended by chapter 264 of the laws of 1970, is amended to read as
follows:
8. Prompt provision of new and improved community mental health and
[mental retardation] INTELLECTUAL DISABILITY facilities is required for
the care and treatment of the increasing number of persons afflicted
with mental illness, mental deficiencies, epilepsy and behavior or
emotional disorders; that such facilities should be located close to the
people they serve in order to speed rehabilitation and restoration and
to provide for out-patient and in-patient care, including after care,
diagnostic and rehabilitative services and residential accommodations
for operation as hostels; that it is the policy of the state to promote
the provision of such community mental health and [mental retardation]
INTELLECTUAL DISABILITY facilities; that there is a need for non-profit
corporations to construct low cost community mental health and [mental
retardation] INTELLECTUAL DISABILITY facilities. In order to encourage
the investment of private capital in such community mental health and
[mental retardation] INTELLECTUAL DISABILITY facilities, and to assure
the expeditious completion of such community mental health and [mental
retardation] INTELLECTUAL DISABILITY facilities, the New York state
housing finance agency should be empowered, through the issuance of its
bonds, notes or other obligations to the private investing public, to
obtain funds necessary to make mortgage loans, at low interest rates, to
non-profit corporations for the construction, acquisition, recon-
struction, rehabilitation or improvement of such mental health and
[mental retardation] INTELLECTUAL DISABILITY facilities.
§ 47. Subdivisions 6-d, 14, and 14-a of section 42 of the private
housing finance law, subdivision 6-d as added by chapter 380 of the laws
of 1972, subdivision 14 as amended by chapter 281 of the laws of 1970,
and subdivision 14-a as added by chapter 570 of the laws of 1982, are
amended to read as follows:
6-d. "Mortgage loan" shall also mean a loan made by the agency to a
company incorporated pursuant to the provisions of article eight-B of
the mental hygiene law and the not-for-profit corporation law in an
amount not to exceed the total community mental health services project
cost or community [mental retardation] INTELLECTUAL DISABILITY services
project cost, and secured by a first mortgage lien on the real property
of which the community mental health services project or community
[mental retardation] INTELLECTUAL DISABILITY services project consists
and the personal property attached to or used in connection with the
construction, acquisition, reconstruction, rehabilitation, improvement
or operation of the community mental health services project or communi-
ty [mental retardation] INTELLECTUAL DISABILITY services project.
"Community mental health services company," "community [mental retarda-
tion] INTELLECTUAL DISABILITY services company," "community mental
health services project cost," "community [mental retardation] INTELLEC-
TUAL DISABILITY services project cost," "community mental health
services project" and "community [mental retardation] INTELLECTUAL DISA-
BILITY services project" shall mean community mental health services
company, community [mental retardation] INTELLECTUAL DISABILITY services
S. 6793 22
company, community mental health services project cost, community
[mental retardation] INTELLECTUAL DISABILITY services project cost,
community mental health services project and community [mental retarda-
tion] INTELLECTUAL DISABILITY services project, respectively, as defined
in article eight-B of the mental hygiene law.
14. "Community mental health services and [mental retardation] INTEL-
LECTUAL DISABILITY services project bonds" and "community mental health
services and [mental retardation] INTELLECTUAL DISABILITY services
project notes" shall mean bonds and notes, respectively, issued by the
agency for the purposes of making mortgage loans to companies incorpo-
rated pursuant to the not-for-profit corporation law and article eight-B
of the mental hygiene law, paying interest on such bonds and notes,
establishing reserves to secure such bonds and notes, and paying of all
other expenditures of the agency incident to and necessary or convenient
for the making of such mortgage loans.
14-a. "Community mental health services and [mental retardation]
INTELLECTUAL DISABILITY services project revenue bonds" and "community
mental health services and [mental retardation] INTELLECTUAL DISABILITY
services project revenue notes" shall mean bonds and notes, respective-
ly, issued by the agency for the purpose of making mortgage loans to
companies incorporated pursuant to the not-for-profit corporation law
and article seventy-five of the mental hygiene law, paying interest on
such bonds and notes, establishing reserves to secure such bonds and
notes, and paying of all other expenditures of the agency incident to
and necessary or convenient for the making of such mortgage loans.
§ 48. Paragraphs (a) and (d) of subdivision 15 of section 44 of the
private housing finance law, as amended by chapter 195 of the laws of
1973, are amended to read as follows:
(a) Subject to the approval of the commissioner and to the provisions
of any contract with noteholders or bondholders, except with any holders
of hospital and nursing home project bonds or notes or youth facilities
project bonds or notes, or community mental health services and [mental
retardation] INTELLECTUAL DISABILITY services project bonds or notes,
whenever it deems it necessary or desirable in the fulfillment of the
purposes of this article, to consent to the modification, with respect
to rate of interest, time of payment of any installment of principal or
interest, security, or any other term, of any mortgage, mortgage loan,
mortgage loan commitment, contract or agreement of any kind to which the
agency is a party, except such mortgages, mortgage loans, mortgage loan
commitments, contracts or agreements as may have been entered into with
hospital corporations which are eligible borrowers as defined in article
twenty-eight-B of the public health law, nursing home companies or non-
profit corporations which are eligible borrowers as defined in title
five-A of article six of the social services law or companies incorpo-
rated pursuant to the not-for-profit corporation law and article seven-
ty-five of the mental hygiene law;
(d) Subject to the provisions of any contract with holders of communi-
ty mental health services and [mental retardation] INTELLECTUAL DISABIL-
ITY services project bonds or notes, whenever it deems it necessary or
desirable in the fulfillment of the purposes of this article, to consent
to the modification, with respect to rate of interest, time of payment
of any installment of principal or interest, security, or any other term
of any mortgage, mortgage loan, mortgage loan commitment, contract or
agreement of any kind between the agency and a company incorporated
pursuant to the not-for-profit corporation law and article seventy-five
of the mental hygiene law.
S. 6793 23
§ 49. Subdivisions 1 and 2 of section 47 of the private housing
finance law, as amended by chapter 215 of the laws of 1990, paragraph
(c) of subdivision 1 as amended by chapter 127 of the laws of 2019, are
amended to read as follows:
1. (a) The agency shall create and establish a special fund (herein
referred to as capital reserve fund), and shall pay into such capital
reserve fund (1) any monies appropriated and made available by the state
for the purposes of such fund, (2) any proceeds of sale of notes or
bonds other than state university construction notes or state university
construction bonds, equity notes or equity bonds, non-profit project
notes or non-profit project bonds, hospital and nursing home project
notes or hospital and nursing home project bonds, urban rental project
notes or urban rental project bonds, health facilities notes or health
facilities bonds, youth facilities project notes or youth facilities
project bonds, community mental health services and [mental retardation]
INTELLECTUAL DISABILITY services project notes or community mental
health services and [mental retardation] INTELLECTUAL DISABILITY
services project bonds, community senior citizens services project notes
or community senior citizens services project bonds, mental hygiene
improvement notes or mental hygiene improvement bonds and revenue hous-
ing bonds, and bonds and notes for the housing program to the extent
provided in the resolution of the agency authorizing the issuance there-
of, and (3) any other moneys which may be made available to the agency
for the purpose of such fund from any other source or sources. All
moneys held in the capital reserve fund, except as hereinafter provided,
shall be used solely for the payment of the principal of bonds of the
agency other than state university construction bonds, equity bonds,
non-profit project bonds, hospital and nursing home project bonds, urban
rental project bonds, health facilities bonds, youth facilities project
bonds, community mental health services and [mental retardation] INTEL-
LECTUAL DISABILITY services project bonds, community senior citizens
services project bonds, mental hygiene improvement bonds and revenue
housing bonds, and bonds and notes for the housing program as the same
mature, required payments to any sinking fund established in a resol-
ution of the agency for the amortization of term bonds (hereinafter
referred to as "sinking fund payments"), the purchase or redemption of
bonds of the agency other than state university construction bonds,
equity bonds, non-profit project bonds, hospital and nursing home
project bonds, urban rental project bonds, health facilities bonds,
youth facilities project bonds, community mental health services and
[mental retardation] INTELLECTUAL DISABILITY services project bonds,
community senior citizens services project bonds, mental hygiene
improvement bonds and revenue housing bonds, and bonds and notes for the
housing program the payment of interest on such bonds of the agency or
the payment of any redemption premium required to be paid when such
bonds are redeemed prior to maturity; provided, however, that monies in
such fund shall not be withdrawn therefrom at any time in such amount as
would reduce the amount of such fund to less than the maximum amount of
principal and interest maturing and becoming due and sinking fund
payments required to be made in any succeeding calendar year on all
bonds of the agency then outstanding other than state university
construction bonds, equity bonds, non-profit project bonds, hospital and
nursing home project bonds, urban rental project bonds, health facili-
ties bonds, youth facilities project bonds, community mental health
services and [mental retardation] INTELLECTUAL DISABILITY services
project bonds, community senior citizens services project bonds, mental
S. 6793 24
hygiene improvement bonds and revenue housing bonds and bonds and notes
for the housing program, except for the purpose of paying principal of,
interest and sinking fund payments becoming due on such bonds of the
agency maturing and becoming due and for the payment of which other
moneys of the agency are not available. For the purposes of this subdi-
vision one, in computing the maximum amount of principal maturing at a
single future date (herein called "term bonds") in any succeeding calen-
dar year, the principal amount of any such term bonds which are subject
to mandatory redemption prior to such future date by sinking fund
payments shall not be included in the computation determining the maxi-
mum amount of principal maturing in said future year. Any income or
interest earned by, or increment to, the capital reserve fund due to the
investment thereof may be transferred by the agency to the general
reserve fund or other fund of the agency to the extent it does not
reduce the amount of the capital reserve fund below the maximum amount
of principal and interest maturing and becoming due and sinking fund
payments required to be made in any succeeding calendar year on all such
bonds of the agency then outstanding other than state university
construction bonds, equity bonds, non-profit project bonds, hospital and
nursing home project bonds, urban rental project bonds, health facili-
ties bonds, youth facilities project bonds, community mental health
services and [mental retardation] INTELLECTUAL DISABILITY services
project bonds, community senior citizens services project bonds, mental
hygiene improvement bonds and revenue housing bonds and bonds and notes
for the housing program.
(b) The agency shall not issue bonds other than state university
construction bonds, equity bonds, non-profit project bonds, hospital and
nursing home project bonds, urban rental project bonds, health facili-
ties bonds, youth facilities project bonds, community mental health
services and [mental retardation] INTELLECTUAL DISABILITY services
project bonds, community senior citizens services project bonds, mental
hygiene improvement bonds and revenue housing bonds and bonds and notes
for the housing program at any time secured by the capital reserve fund
if the maximum amount of principal and interest maturing and becoming
due and sinking fund payments required to be made in a succeeding calen-
dar year on such bonds then to be issued and on all other bonds of the
agency then outstanding other than state university construction bonds,
equity bonds, non-profit project bonds, hospital and nursing home
project bonds, urban rental project bonds, health facilities bonds,
youth facilities project bonds, community mental health services and
[mental retardation] INTELLECTUAL DISABILITY services project bonds,
community senior citizens services project bonds, mental hygiene
improvement bonds and revenue housing bonds and bonds and notes for the
housing program will exceed the amount of the capital reserve fund at
the time of issuance unless the agency, at the time of issuance of such
bonds, shall deposit in such fund from the proceeds of the bonds so to
be issued, or otherwise, an amount which, together with the amount then
in such fund, will be not less than the maximum amount of principal and
interest maturing and becoming due and sinking fund payments required to
be made in any succeeding calendar year on such bonds then to be issued
and on all other bonds of the agency then outstanding other than state
university construction bonds, equity bonds, non-profit project bonds,
hospital and nursing home project bonds, urban rental project bonds,
health facilities bonds, youth facilities project bonds, community
mental health services and [mental retardation] INTELLECTUAL DISABILITY
services project bonds, community senior citizens services project
S. 6793 25
bonds, mental hygiene improvement bonds and revenue housing bonds and
bonds and notes for the housing program.
(c) The agency shall not issue bonds and notes other than state
university construction bonds and state university construction notes,
hospital and nursing home project bonds and hospital and nursing home
project notes, health facilities bonds and health facilities notes,
youth facilities project bonds and youth facilities project notes,
community mental health services and [mental retardation] INTELLECTUAL
DISABILITY services project bonds and community mental health services
and [mental retardation] INTELLECTUAL DISABILITY services project notes,
community senior citizens services project notes or community senior
citizens services project bonds and mental hygiene improvement bonds and
mental hygiene improvement notes and bonds and notes for the housing
program for any of its corporate purposes in an aggregate principal
amount exceeding twenty-nine billion two hundred eighty million dollars,
excluding bonds and notes issued to refund outstanding bonds and notes.
(d) To assure the continued operation and solvency of the agency for
the carrying out of the public purposes of this article, provision is
made in paragraph (a) of this subdivision for the accumulation in the
capital reserve fund of an amount equal to the maximum amount of princi-
pal and interest maturing and becoming due and sinking fund payments
required to be made in any succeeding calendar year on all bonds of the
agency then outstanding other than state university construction bonds,
equity bonds, non-profit project bonds, hospital and nursing home
project bonds, urban rental project bonds, health facilities bonds,
youth facilities project bonds, community mental health services and
[mental retardation] INTELLECTUAL DISABILITY services project bonds,
community senior citizens services project bonds, mental hygiene
improvement bonds and revenue housing bonds and bonds and notes for the
housing program. In order further to assure such maintenance of the
capital reserve fund, there shall be annually apportioned and paid to
the agency for deposit in the capital reserve fund such sum, if any, as
shall be certified by the chairman of the agency to the governor and
director of the budget as necessary to restore the capital reserve fund
to an amount equal to the maximum amount of principal and interest
maturing and becoming due and sinking fund payments required to be made
in any succeeding calendar year on the bonds of the agency then
outstanding other than state university construction bonds, equity
bonds, non-profit project bonds, hospital and nursing home project
bonds, urban rental project bonds, health facilities bonds, youth facil-
ities project bonds, community mental health services and [mental retar-
dation] INTELLECTUAL DISABILITY services project bonds, community senior
citizens services project bonds, mental hygiene improvement bonds and
revenue housing bonds and bonds and notes for the housing program. The
chairman of the agency shall annually, on or before December first, make
and deliver to the governor and director of the budget his certificate
stating the amount, if any, required to restore the capital reserve fund
to the amount aforesaid and the amount so stated, if any, shall be
apportioned and paid to the agency during the then current state fiscal
year. The principal amount of bonds secured by the capital reserve fund
to which state funds are apportionable pursuant to this paragraph shall
be limited to the total amount of bonds and notes outstanding on the
effective date of this act, plus the total amount of bonds and notes
contracted after the effective date of this act to finance projects in
progress on the effective date of this act as determined by the New York
state public authorities control board created pursuant to section fifty
S. 6793 26
of the public authorities law whose affirmative determination shall be
conclusive as to all matters of law and fact solely for the purposes of
the limitations contained in this paragraph, but in no event shall the
total amount of bonds so secured by such a capital reserve fund or funds
exceed three hundred thirty-eight million dollars, excluding bonds
issued to refund such outstanding bonds until the date of redemption of
such outstanding bonds. As outstanding bonds so secured are paid, the
amount so secured shall be reduced accordingly but the redemption of
such outstanding bonds from the proceeds of refunding bonds shall not
reduce the amount so secured.
(e) In computing the amount of the capital reserve fund for the
purposes of this section, securities in which all or a portion of such
fund shall be invested shall be valued at par or if purchased at less
than par, at their cost to the agency.
2. The agency shall create and establish a special fund (herein
referred to as general reserve fund) and shall pay into such fund all
fees and charges collected by the agency pursuant to paragraph (a) of
subdivision eleven of section forty-four of this article, or otherwise,
other than fees and charges collected in connection with the making of
mortgage loans (or commitments therefor) to mutual companies, non-profit
companies, urban rental companies or community development corporations,
and any monies which the agency shall transfer from the capital reserve
fund pursuant to the provisions of paragraph (a) of subdivision one of
this section. Such monies and any other monies paid into the general
reserve fund may, in the discretion of the agency but subject to agree-
ments with bondholders and noteholders, be used by the agency (a) for
the repayment of advances from the state in accordance with the
provisions of repayment agreements between the agency and the director
of the budget, (b) to reimburse the division of housing and community
renewal the reasonable costs of the services performed by the commis-
sioner of housing and community renewal and division of housing and
community renewal pursuant to section fifty-five of this article, (c) to
pay all costs, expenses and charges of financing, including fees and
expenses of trustees and paying agents, (d) for transfers to the capital
reserve fund, (e) for the payment of the principal of and interest on
bonds or notes other than state university construction bonds or state
university construction notes, equity bonds or equity notes, non-profit
project bonds or non-profit project notes, hospital and nursing home
project bonds or hospital and nursing home project notes, urban rental
project bonds or urban rental project notes, health facilities bonds or
health facilities notes, youth facilities project bonds or youth facili-
ties project notes, community mental health services and [mental retar-
dation] INTELLECTUAL DISABILITY services project bonds or community
mental health services and [mental retardation] INTELLECTUAL DISABILITY
services project notes, community senior citizens services project notes
or community senior citizens services project bonds, mental hygiene
improvement bonds or mental hygiene improvement notes and revenue hous-
ing bonds and bonds and notes for the housing program issued by the
agency when the same shall become due whether at maturity or on call for
redemption and for the payment of any redemption premium required to be
paid where such bonds or notes are redeemed prior to their stated matu-
rities, and to purchase bonds or notes other than state university
construction bonds or state university construction notes, equity bonds
or equity notes, non-profit project bonds or non-profit project notes,
hospital and nursing home project bonds or hospital and nursing home
project notes, urban rental project bonds or urban rental project notes,
S. 6793 27
health facilities bonds or health facilities notes, youth facilities
project bonds or youth facilities project notes, community mental health
services and [mental retardation] INTELLECTUAL DISABILITY services
project bonds or community mental health services and [mental retarda-
tion] INTELLECTUAL DISABILITY services project notes, community senior
citizens services project notes or community senior citizens services
project bonds, mental hygiene improvement bonds or mental hygiene
improvement notes and revenue housing bonds and bonds and notes for the
housing program issued by the agency, or (f) for such other corporate
purposes of the agency as the agency in its discretion shall determine
and provide.
§ 50. Subdivisions 12 and 13 of section 47 of the private housing
finance law, subdivision 12 as added by chapter 1034 of the laws of 1969
and as renumbered by chapter 48 of the laws of 1970, paragraphs (a) and
(d) of subdivision 12 as amended by chapter 365 of the laws of 1973,
paragraphs (b) and (c) of subdivision 12 as amended by chapter 38 of the
laws of 1976, and subdivision 13 as amended by chapter 195 of the laws
of 1973, are amended to read as follows:
12. (a) The agency may create and establish a special fund to be known
as community mental health services and [mental retardation] INTELLECTU-
AL DISABILITY services capital reserve fund and may pay into such
reserve funds (1) any monies appropriated and made available by the
state for the purposes of such funds, (2) any proceeds of sale of commu-
nity mental health services and [mental retardation] INTELLECTUAL DISA-
BILITY services project notes or community mental health services and
[mental retardation] INTELLECTUAL DISABILITY services project bonds, to
the extent provided in the resolution of the agency authorizing the
issuance thereof, and (3) any other monies which may be made available
to the agency for the purposes of such accounts from any other source or
sources. The monies held in or credited to the capital reserve fund
established under this subdivision except as hereinafter provided, shall
be used solely for the payment of principal of community mental health
services and [mental retardation] INTELLECTUAL DISABILITY services
project bonds of the agency secured by such reserve fund, as the same
mature, the purchase of such community mental health services and
[mental retardation] INTELLECTUAL DISABILITY services project bonds of
the agency, the payment of interest on such community mental health
services and [mental retardation] INTELLECTUAL DISABILITY services
project bonds of the agency, or the payment of any redemption premium
required to be paid when such bonds are redeemed prior to maturity;
provided, however, that monies in any such fund shall not be withdrawn
therefrom at any time in such amount as would reduce the amount of such
fund to less than the maximum amount of principal and interest maturing
and becoming due in any succeeding calendar year on the community mental
health services and [mental retardation] INTELLECTUAL DISABILITY
services project bonds of the agency then outstanding and secured by
such reserve fund, except for the purpose of paying principal and inter-
est on community mental health services and [mental retardation] INTEL-
LECTUAL DISABILITY services project bonds of the agency secured by such
reserve fund maturing and becoming due and for the payment of which
other monies of the agency are not available. Any income or interest
earned by, or increment to, any such community mental health services
and [mental retardation] INTELLECTUAL DISABILITY services capital
reserve fund due to the investment thereof may be transferred to the
community mental health services and [mental retardation] INTELLECTUAL
DISABILITY services general reserve fund or other fund of the agency, to
S. 6793 28
the extent it does not reduce the amount of such community mental health
services and [mental retardation] INTELLECTUAL DISABILITY services capi-
tal reserve fund below the maximum amount of principal and interest
maturing and becoming due in any succeeding calendar year on all commu-
nity mental health services and [mental retardation] INTELLECTUAL DISA-
BILITY services project bonds of the agency then outstanding and secured
by such reserve fund.
(b) The agency shall not issue community mental health services and
[mental retardation] INTELLECTUAL DISABILITY services project bonds and
notes in an aggregate principal amount exceeding one hundred million
dollars excluding community mental health services and [mental retarda-
tion] INTELLECTUAL DISABILITY services project bonds and community
mental health services and [mental retardation] INTELLECTUAL DISABILITY
services project notes issued to refund outstanding community mental
health services and [mental retardation] INTELLECTUAL DISABILITY
services project bonds and community mental health services and [mental
retardation] INTELLECTUAL DISABILITY services project notes, nor shall
it issue community mental health services and [mental retardation]
INTELLECTUAL DISABILITY services project bonds at any time secured by
the community mental health services and [mental retardation] INTELLEC-
TUAL DISABILITY services capital reserve fund if the maximum amount of
principal and interest maturing and becoming due in a succeeding calen-
dar year on the community mental health services and [mental retarda-
tion] INTELLECTUAL DISABILITY services project bonds outstanding and
then to be issued and secured by the community mental health services
and [mental retardation] INTELLECTUAL DISABILITY services capital
reserve fund will exceed the amount of such reserve fund at the time of
issuance, unless the agency, at the time of issuance of such bonds,
shall deposit in such reserve fund from the proceeds of the bonds so to
be issued, or otherwise, an amount which together with the amount then
in such reserve fund, will be not less than the maximum amount of prin-
cipal and interest maturing and becoming due in any succeeding calendar
year on the community mental health services and [mental retardation]
INTELLECTUAL DISABILITY services project bonds then to be issued and on
all other community mental health services and [mental retardation]
INTELLECTUAL DISABILITY services project bonds of the agency then
outstanding and secured by such reserve fund.
(c) To assure the continued operation and solvency of the agency for
the carrying out of the public purposes of this article provision is
made in paragraph (a) of this subdivision for the accumulation in the
community mental health services and [mental retardation] INTELLECTUAL
DISABILITY services capital reserve fund of an amount equal to the maxi-
mum amount of principal and interest maturing and becoming due in any
succeeding calendar year on all community mental health services and
[mental retardation] INTELLECTUAL DISABILITY services project bonds of
the agency then outstanding and secured by such reserve fund. In order
further to assure the maintenance of such community mental health
services and [mental retardation] INTELLECTUAL DISABILITY services capi-
tal reserve fund, there shall be annually apportioned and paid to the
agency for deposit in such community mental health services and [mental
retardation] INTELLECTUAL DISABILITY services capital reserve fund such
sum, if any, as shall be certified by the chairman of the agency to the
governor and director of the budget as necessary to restore such reserve
fund to an amount equal to the maximum amount of principal and interest
maturing and becoming due in any succeeding calendar year on the commu-
nity mental health services and [mental retardation] INTELLECTUAL DISA-
S. 6793 29
BILITY services project bonds of the agency then outstanding and secured
by such reserve fund. The chairman of the agency shall annually, on or
before December first, make and deliver to the governor and director of
the budget his certificate stating the sums, if any, required to restore
such community mental health services and [mental retardation] INTELLEC-
TUAL DISABILITY services capital reserve fund to the amount aforesaid,
and the sums so certified, if any, shall be apportioned and paid to the
agency during the then current state fiscal year. The principal amount
of bonds secured by the community mental health services and [mental
retardation] INTELLECTUAL DISABILITY services capital reserve fund to
which state funds are apportionable pursuant to this paragraph shall be
limited to the total amount of bonds and notes outstanding on the effec-
tive date of this act, plus the total amount of bonds and notes
contracted after the effective date of this act to finance projects in
progress on the effective date of this act as determined by the New York
state public authorities control board created pursuant to section fifty
of the public authorities law whose affirmative determination shall be
conclusive as to all matters of law and fact solely for the purposes of
the limitations contained in this paragraph, but in no event shall the
total amount of bonds so secured by such a capital reserve fund or funds
exceed thirteen million dollars, excluding bonds issued to refund such
outstanding bonds until the date of redemption of such outstanding
bonds. As outstanding bonds so secured are paid, the amount so secured
shall be reduced accordingly but the redemption of such outstanding
bonds from the proceeds of refunding bonds shall not reduce the amount
so secured.
(d) In computing any community mental health services and [mental
retardation] INTELLECTUAL DISABILITY services capital reserve fund for
the purposes of this section, securities in which all or a portion of
such reserve fund shall be invested shall be valued at par if purchased
at par, or if purchased at other than par, at amortized value.
13. The agency shall create and establish a special fund (herein
referred to as community mental health services and [mental retardation]
INTELLECTUAL DISABILITY services general reserve fund) and shall pay
into such fund all fees and charges collected by the agency pursuant to
paragraph (c) of subdivision eleven of section forty-four of this arti-
cle and any monies which the agency shall transfer from the community
mental health services and [mental retardation] INTELLECTUAL DISABILITY
services capital reserve fund pursuant to the provisions of paragraph
(a) of subdivision ten of this section. Such monies and any other monies
paid into the community mental health services and [mental retardation]
INTELLECTUAL DISABILITY services general reserve fund may, in the
discretion of the agency, but subject to agreements with bondholders and
noteholders, be used by the agency (a) for the repayment of advances
from the state in accordance with the provisions of repayment agreements
between the agency and the director of the budget, (b) to reimburse the
department of mental hygiene the reasonable costs of the services
performed by the commissioner of mental hygiene and the department of
mental hygiene pursuant to subdivision four of section fifty-five of
this article, including the reasonable costs of such services performed
by the health and mental hygiene facilities improvement corporation upon
request by the commissioner of mental hygiene pursuant to the provisions
of section 75.25 of the mental hygiene law, (c) to pay all costs,
expenses and charges of financing, including fees and expenses of trus-
tees and paying agents, (d) for transfers to the community mental health
services and [mental retardation] INTELLECTUAL DISABILITY services capi-
S. 6793 30
tal reserve fund, (e) for the payment of principal of and interest on
community mental health services and [mental retardation] INTELLECTUAL
DISABILITY services project bonds and notes issued by the agency when
the same shall become due whether at maturity or on call for redemption
and for the payment of any redemption premium required to be paid where
such community mental health services and [mental retardation] INTELLEC-
TUAL DISABILITY services project bonds and notes are redeemed prior to
their stated maturities and to purchase community mental health services
and [mental retardation] INTELLECTUAL DISABILITY services project bonds
or notes issued by the agency, or (f) for such other corporate purposes
of the agency as the agency in its discretion shall determine and
provide.
§ 51. Subdivision 16 of section 47 of the private housing finance law,
as added by chapter 570 of the laws of 1982, is amended to read as
follows:
16. (a) The agency may create and establish one or more special funds
to be known as community mental health services and [mental retardation]
INTELLECTUAL DISABILITY services capital reserve funds and may pay into
such reserve funds (1) any monies appropriated and made available by the
state for the purposes of such funds, (2) any proceeds of the sale of
community mental health services and [mental retardation] INTELLECTUAL
DISABILITY services project revenue bonds or notes, to the extent
provided in the resolution of the agency authorizing the issuance there-
of, and (3) any other monies which may be made available to the agency
for the purposes of such fund or funds from any other source or sources.
The monies held in or credited to a capital reserve fund established
under this subdivision, except as hereinafter provided and as provided
in agreements with bondholders and noteholders, shall be used solely for
the payment of principal of community mental health services and [mental
retardation] INTELLECTUAL DISABILITY services project revenue bonds of
the agency secured by such reserve fund, as the same mature, required
payments to any sinking fund established in a resolution of the agency
for the amortization of term bonds (hereinafter referred to as "sinking
fund payments"), the purchase of such revenue bonds of the agency, the
payment of interest on such revenue bonds of the agency, or the payment
of any redemption premium required to be paid when such bonds are
redeemed prior to maturity. Any income or interest earned by, or incre-
ment to, any such community mental health services and [mental retarda-
tion] INTELLECTUAL DISABILITY services capital reserve fund due to the
investment thereof may be transferred to the agency, subject to agree-
ments with bondholders and noteholders.
(b) In computing any community mental health services and [mental
retardation] INTELLECTUAL DISABILITY services capital reserve fund for
the purposes of this section, securities in which all or a portion of
such reserve fund shall be invested shall be valued at par if purchased
at par, or if purchased at other than par, at the amortized value.
(c) The agency shall create and establish one or more special funds
(herein referred to as community mental health services and [mental
retardation] INTELLECTUAL DISABILITY services general reserve funds) and
shall to the extent provided in the applicable bond resolution of the
agency authorizing the issuance of community mental services and [mental
retardation] INTELLECTUAL DISABILITY services project revenue bonds, pay
into any such fund the fees and charges collected by the agency pursuant
to paragraph (d) of subdivision eleven of section forty-four of this
article and any monies which the agency shall transfer from a community
mental health services and [mental retardation] INTELLECTUAL DISABILITY
S. 6793 31
services capital reserve fund pursuant to the provisions of paragraph
(a) of this subdivision. Such monies and any other monies paid into a
community mental health services and [mental retardation] INTELLECTUAL
DISABILITY service general reserve fund may, in the discretion of the
agency, but subject to agreements with bondholders and noteholders, be
used by the agency (i) for the repayment of advances from the state in
accordance with the provisions of repayment agreements between the agen-
cy and the director of the budget, (ii) to reimburse the department of
mental hygiene the reasonable costs of the services performed by the
commissioner of mental hygiene and the department of mental hygiene
pursuant to subdivision five of section fifty-five of this article,
including the reasonable costs of such services performed by the facili-
ties development corporation upon request by the commissioner of mental
hygiene pursuant to the provisions of section 75.25 of the mental
hygiene law, (iii) to pay all costs, expenses and charges of financing,
including fees and expenses of trustees and paying agents, (iv) for
transfers to a community mental health services and [mental retardation]
INTELLECTUAL DISABILITY services capital reserve fund, (v) for the
payment of principal of and interest on community mental health services
and [mental retardation] INTELLECTUAL DISABILITY services project reven-
ue bonds and notes issued by the agency when the same shall become due
whether at maturity or on call for redemption and for the payment of any
redemption premium required to be paid where such community mental
health services and [mental retardation] INTELLECTUAL DISABILITY
services project revenue bonds and notes are redeemed prior to their
stated maturities and to purchase community mental health services and
[mental retardation] INTELLECTUAL DISABILITY services revenue bonds or
notes issued by the agency, or (vi) for such other corporate purposes of
the agency as the agency in its discretion shall determine and provide.
§ 52. Paragraphs a and b of subdivision 1 of section 47-b of the
private housing finance law, as amended by chapter 471 of the laws of
1980, is amended to read as follows:
a. "Community mental health and [retardation] INTELLECTUAL DISABILITY
facility" shall mean a building, a unit within a building, a laboratory,
a classroom, a housing unit, a dining hall, an activities center, a
library, or any structure on or improvement to real property of any kind
or description, including fixtures and equipment which are an integral
part of such building, unit or structure or improvement, a walkway, a
roadway or a parking lot and improvements and connections for water,
sewer, gas, electrical, telephone, heating, air conditioning and other
utility services, or a combination of any of the foregoing, whether for
patient care and treatment or staff, staff family or service use,
located in a city, or in a county not wholly included within a city,
authorized to provide community mental health services in accordance
with the provisions of article forty-one of the mental hygiene law,
which is utilized or to be utilized for the administration and conduct
of programs for the mentally ill or the [mentally retarded] INTELLECTU-
ALLY DISABLED, or both, and for the provision of services therefor. A
community mental health and [retardation] INTELLECTUAL DISABILITY facil-
ity shall also mean and include a residential facility to be operated as
a community residence for the [mentally] INTELLECTUALLY disabled, and a
treatment facility for use in the conduct of an alcoholism treatment
program or of a substance abuse treatment program as defined in the
mental hygiene law.
b. "Mental hygiene facility" shall mean a building, a unit within a
building, a laboratory, a classroom, a housing unit, a dining hall, an
S. 6793 32
activities center, a library, or any structure on or improvement to real
property of any kind or description, including fixtures and equipment
which are an integral part of any such building, unit, structure or
improvement, a walkway, a roadway or a parking lot, and improvements and
connections for water, sewer, gas, electrical, telephone, heating, air
conditioning and other utility services, or a combination of any of the
foregoing, whether for patient care and treatment or staff, staff family
or service use, located at or related to any state hospital, any state
school, or any state psychiatric or research institute now or hereafter
established under the professional jurisdiction, supervision and control
of the state department of mental hygiene. A mental hygiene facility
shall mean and include a "community mental health and [retardation]
INTELLECTUAL DISABILITY facility", unless such facility is expressly
excepted or the context clearly requires otherwise, and shall also mean
and include a treatment facility for use in the conduct of an alcoholism
or substance abuse treatment program as defined in the mental hygiene
law, unless such facility is expressly excepted or the context clearly
requires otherwise. The definition contained in this subdivision shall
not be construed to exclude therefrom a facility to be made available
under license or permit from the health and mental hygiene facilities
improvement corporation to a voluntary agency at the request of the
commissioners of the offices of the department of mental hygiene having
jurisdiction thereof for use in providing community mental health and
[retardation] INTELLECTUAL DISABILITY services, or for use in the
conduct of an alcoholism or substance abuse treatment program.
§ 53. Paragraphs a and b of subdivision 7 of section 47-c of the
private housing finance law, paragraph a as amended by chapter 607 of
the laws of 1970 and paragraph b as amended by chapter 433 of the laws
of 1968, are amended to read as follows:
a. The agency shall have the power to acquire by lease or deed from
the health and mental hygiene facilities improvement corporation any
real property acquired by the corporation pursuant to the provisions of
subdivision six of section nine of the health and mental hygiene facili-
ties improvement act (i) for the purpose of constructing, reconstruct-
ing, rehabilitating or improving thereon one or more community mental
health and [retardation] INTELLECTUAL DISABILITY facilities or (ii) for
the purpose of financing the acquisition, construction, reconstruction,
rehabilitation or improvement thereon of one or more community mental
health and [retardation] INTELLECTUAL DISABILITY facilities, pursuant to
the provisions of this article and the health and mental hygiene facili-
ties improvement act. The agency is hereby authorized to lease or
sublease such real property and facilities thereon to the corporation
for the purpose of making the same available to a city or a county not
wholly within a city, for use and occupancy in accordance with the
provisions of a lease, sublease or other agreement between the corpo-
ration and such city or county.
b. In the event that the agency shall fail, within five years after
the date of a lease or conveyance of such real property from such city
or county to the corporation, to construct, reconstruct, rehabilitate or
improve the community mental health and [retardation] INTELLECTUAL DISA-
BILITY facility or [facility] FACILITIES thereon for which such lease or
conveyance was made, as provided for in a lease, sublease or other
agreement entered into by such city or county and the corporation, then,
subject to the terms of any lease, sublease or other agreement undertak-
en by the agency, such real property and any facilities thereon shall
revert to the corporation with right of re-entry thereupon, and such
S. 6793 33
lease or deed shall be made subject to such condition of reverter and
re-entry; provided, however, that as a condition precedent to the exer-
cise of such right of re-entry the corporation shall pay to the agency
an amount equal to the sum of the purchase price of such real property,
the depreciated cost of any community mental health and [retardation]
INTELLECTUAL DISABILITY facility or facilities constructed, recon-
structed, rehabilitated or improved thereon and all other costs of the
agency incident to the acquisition of such lands and the financing of
construction, reconstruction, rehabilitation or improvement relating to
such community mental health and [retardation] INTELLECTUAL DISABILITY
facility or facilities, all as provided in the aforesaid lease, sublease
or other agreement entered into with the corporation.
§ 54. Subdivision 5 of section 55 of the private housing finance law,
as amended by chapter 195 of the laws of 1973, is amended to read as
follows:
5. The state commissioner of mental hygiene and the state department
of mental hygiene are hereby designated to act for and in behalf of the
agency in servicing the community mental health services and [mental
retardation] INTELLECTUAL DISABILITY services companies mortgage loans
of the agency and shall perform such functions and services in
connection with the making, servicing and collection of such loans as
shall be requested by the agency. The agency shall pay to the department
of mental hygiene from any monies of the agency available for such
purpose, such amounts as are necessary to reimburse the department of
mental hygiene for the reasonable cost of the services performed by the
commissioner of mental hygiene and department of mental hygiene pursuant
to this section, including such amounts as are necessary to reimburse
the health and mental hygiene facilities improvement corporation for the
reasonable cost of such services performed by the health and mental
hygiene facilities improvement corporation upon request by the commis-
sioner of mental hygiene pursuant to the provisions of section 75.25 of
the mental hygiene law.
§ 55. Paragraph c of subdivision 1 of section 1515 of the real proper-
ty actions and proceedings law, as amended by chapter 550 of the laws of
1978, is amended to read as follows:
c. Whether any defendant is known or unknown, and whether any defend-
ant is or might be an infant, [mentally retarded] INTELLECTUALLY DISA-
BLED, mentally ill or an alcohol abuser.
§ 56. Subdivision 1 of section 1531 of the real property actions and
proceedings law, as amended by chapter 550 of the laws of 1978, is
amended to read as follows:
1. A final judgment in favor of either party, in an action brought as
prescribed in this article, is conclusive, as to the title established
in the action, against the other party, known or unknown, including an
infant, [a mentally retarded] AN INTELLECTUALLY DISABLED person, a
mentally ill person, or an alcohol abuser, and also against every person
claiming from, through or under that party, by title accruing after the
filing of the judgment roll, or of the notice of the pendency of the
action, as prescribed by law; also against each person not in being or
ascertained at the commencement of the action, who by any contingency
contained in a devise or grant or otherwise, could afterward become
entitled to a beneficial estate or interest in the property involved,
provided that every person in being who would have been entitled to such
estate or interest if such event had happened immediately before the
commencement of the action is a party thereto, or that a guardian ad
litem is appointed, as prescribed by section 1513 OF THIS ARTICLE.
S. 6793 34
§ 57. Subdivisions 1, 3, and 4 of section 1651 of the real property
actions and proceedings law, as amended by chapter 115 of the laws of
1981, are amended to read as follows:
1. Where an infant, [mentally retarded] INTELLECTUALLY DISABLED
person, mentally ill person, alcohol abuser or conservatee holds real
property, in joint tenancy or in common, the general guardian of the
infant, or the committee of the [mentally retarded] INTELLECTUALLY DISA-
BLED person, mentally ill person, or alcohol abuser, or conservator of
the conservatee, may apply to the supreme court or to the county court
of the county wherein the real property is situated, for authority to
agree to a partition of the real property. Where such application
affects the interests of an incompetent person or a conservatee who has
been committed to a state institution, and is an inmate thereof, notice
of such application must be given to the superintendent, acting super-
intendent or state officer having special jurisdiction over the institu-
tion where the incompetent person or conservatee is confined. Irrespec-
tive of the location of any real property held by an infant in joint
tenancy or in common, his general guardian may make such application to
the surrogate's court which appointed such guardian. A certified copy of
the decree entered in the surrogate's court on such application must be
recorded in the office of the clerk of each county in which is situated
property affected by such decree.
3. If, after due inquiry into the merits of the application, by a
reference or otherwise, the court is of the opinion that the interests
of the infant, or of the [mentally retarded] INTELLECTUALLY DISABLED
person, mentally ill person, alcohol abuser or conservatee, will be
promoted by the partition proposed, it may make an order authorizing the
petitioner to agree to the partition proposed, and in the name of the
infant, or of the [mentally retarded] INTELLECTUALLY DISABLED person,
mentally ill person, alcohol abuser or conservatee, to execute releases
of his right and interest in and to that part of the property which
falls to the shares of the other joint-tenants or tenants in common. The
court may, in its discretion, for the furtherance of the interests of
said infant, [mentally retarded] INTELLECTUALLY DISABLED person, mental-
ly ill person, alcohol abuser or conservatee, direct partition to be so
made as to set off to him or them his or their share in common with any
of the other owners, provided the consent in writing thereto of such
owners shall be first obtained.
4. Releases so executed have the same validity and effect, as if they
were executed by the person in whose behalf they are executed, and as if
the infant was of full age, or the [mentally retarded] INTELLECTUALLY
DISABLED person, mentally ill person, or alcohol abuser was of sound
mind, and competent to manage his affairs, or the conservatee was compe-
tent to manage his affairs.
§ 58. Section 11 of the real property law, as amended by chapter 550
of the laws of 1978, is amended to read as follows:
§ 11. Capacity to transfer real property. A person other than a minor,
[a mentally retarded] AN INTELLECTUALLY DISABLED person, or person of
unsound mind, seized of or entitled to an estate or interest in real
property, may transfer such estate or interest.
§ 59. Paragraph (a) of subdivision 1 of section 422 of the real prop-
erty tax law, as amended by chapter 409 of the laws of 1993, is amended
to read as follows:
(a) Real property owned by a not-for-profit corporation organized
pursuant to the not-for-profit corporation law and the provisions of
article two of the private housing finance law, used exclusively to
S. 6793 35
provide housing and auxiliary facilities for faculty members, students,
employees, nurses, interns, resident physicians, researchers and other
personnel and their immediate families in attendance or employed at
colleges, universities, educational institutions, child care insti-
tutions, hospitals and medical research institutes, or for handicapped
or aged persons of low income, or owned by non-profit nursing home
companies organized pursuant to the not-for-profit corporation law and
the provisions of article twenty-eight-A of the public health law, used
exclusively to provide facilities for nursing care to sick, invalid,
infirm, disabled or convalescent persons of low income, or to provide
health-related service as defined in article twenty-eight of the public
health law to persons of low income, or any combination of the forego-
ing, and in addition thereto, to provide nursing care and health-related
service, or either of them, to persons of low income who are not occu-
pants of the project, or owned by housing development fund companies
organized pursuant to the not-for-profit corporation law and article
eleven of the private housing finance law, used exclusively to provide
housing for handicapped or aged persons of low income, and financed by a
federally-aided mortgage as defined in said article eleven, or owned by
companies organized pursuant to the not-for-profit corporation law and
the provisions of article seventy-five of the mental hygiene law, used
exclusively to provide care, treatment, training, education and residen-
tial accommodations for operation as hostels for the mentally ill or
[mentally retarded] INTELLECTUALLY DISABLED, or owned by companies
organized pursuant to the membership corporations law and the provisions
of article seven-A of the private housing finance law, used exclusively
to provide programs, services and other facilities for the aging, shall
be exempt from taxation and exempt from special ad valorem levies and
special assessments to the extent provided in section four hundred nine-
ty of this chapter, provided, however, that in a city having a popu-
lation of one million or more real property owned by any such corpo-
ration which is to provide housing accommodations, substantially all of
which are or are to be assisted by rent subsidies made or to be made
available by the Federal government pursuant to a contract under section
eight of the United States Housing Act of nineteen hundred thirty-seven,
as amended, or pursuant to a project rental assistance contract under
section two hundred two of the United States Housing Act of nineteen
hundred fifty-nine, as amended, or pursuant to a project rental assist-
ance contract under section eight hundred eleven of the National Afford-
able Housing Act of nineteen hundred ninety, as amended, shall from and
after the commencement of construction be subject to taxation or exempt
therefrom to the extent approved by a municipality acting through its
local legislative body, as such local legislative body is defined in
paragraph twelve of section two of the private housing finance law. No
such corporation or company shall pay a dividend on any of its stock or
pay interest on any of its debentures. Provided further, however, in a
county having a population of one million or more and having not more
than three towns within such county, real property owned by housing
development fund companies organized pursuant to the not-for-profit
corporation law and article eleven of the private housing finance law,
used exclusively to provide housing for handicapped or aged persons of
low income, and financed by a federally-aided mortgage as defined in
said article eleven shall from and after the commencement of
construction be subject to taxation or exempt therefrom to the extent
approved by a municipality acting through its local legislative body, as
such local legislative body is defined in paragraph twelve of section
S. 6793 36
two of the private housing finance law. Any tax payments and/or payments
in lieu of taxes made to a municipality pursuant to the preceding
sentence shall not be passed through nor become the liability of any of
the occupants of such property.
§ 60. Paragraph (c) of subdivision 5 of section 62 of the social
services law, as amended by chapter 344 of the laws of 1973, is amended
to read as follows:
(c) When a mentally ill, [mentally retarded] INTELLECTUALLY DISABLED
or epileptic person is in need of public assistance or care while on
convalescent status or community status from a state hospital or insti-
tution under the provisions of section 29.15 of the mental hygiene law,
the public welfare district, town or city from which he was admitted to
such hospital or institution shall be responsible for providing and
paying for such assistance or care as in the case of other persons
requiring public assistance and care, except that such responsibility
shall continue during any period such person is on convalescent status
or community status outside the territory of such public welfare
district, town or city and shall continue thereafter in accordance with
the provisions of this paragraph and paragraph (b) if such person was
receiving or should have been receiving public assistance or care from
such public welfare district, town or city outside its territory at the
time he was discharged from such convalescent status or community
status.
§ 61. The opening paragraph of subdivision 1 of section 131-o of the
social services law, as amended by section 45 of part C of chapter 58 of
the laws of 2005, is amended to read as follows:
Each individual receiving family care, residential care or care in a
school for the [mentally retarded] INTELLECTUALLY DISABLED, or enhanced
residential care as those terms are defined in section two hundred nine
of this chapter, and who is receiving benefits under the program of
additional state payments pursuant to this chapter while receiving such
care, shall be entitled to a monthly personal allowance out of such
benefits in the following amount:
§ 62. Section 199 of the social services law, as amended by chapter
195 of the laws of 1973, is amended to read as follows:
§ 199. Power of commissioner of public welfare to detain certain
inmates. The commissioner of public welfare shall have power to detain
in the public home, pending a vacancy for such person in a state insti-
tution, a person over the age of sixteen who has been certified as
[mentally retarded] INTELLECTUALLY DISABLED or epileptic in accordance
with the provisions of the mental hygiene law and for whom an applica-
tion for admission to a state institution has been made. Whenever the
commissioner shall so detain an inmate in the public home he shall at
once notify the state department of mental hygiene.
§ 63. Paragraph (e) of subdivision 3 of section 209 of the social
services law, as amended by chapter 672 of the laws of 2019, is amended
to read as follows:
(e) "Receiving enhanced residential care" shall mean residing in a
privately operated school for the [mentally retarded] INTELLECTUALLY
DISABLED and developmentally disabled which is certified by the office
for people with developmental disabilities of the department of mental
hygiene, in accordance with applicable provisions of law and regulations
or an adult home, or enriched housing program certified by the depart-
ment of health in accordance with applicable law, rules and regulations
to the extent permitted by federal law and regulations.
S. 6793 37
§ 64. Subdivision 1 of section 210 of the social services law, as
amended by chapter 515 of the laws of 2006, is amended to read as
follows:
1. Any inconsistent provisions of this title or any other law notwith-
standing, but subject to the provisions of subdivisions two and three of
this section, an individual who is deemed to have met the eligibility
criteria for additional state payments pursuant to paragraph (c) of
subdivision one of section two hundred nine of this title, shall be
entitled to receive for each month after December, nineteen hundred
seventy-three an additional state payment in an amount which, when added
to the supplemental security income benefit and other countable income,
is equal to such individual's December, nineteen hundred seventy-three
cash grant of assistance under the state's program of old age assist-
ance, assistance to the blind, aid to the disabled or the combined
program of aid to aged, blind and disabled persons, plus income not
excluded under such state program, plus an amount equal to the January,
nineteen hundred seventy-two bonus value of food stamps as determined in
accordance with the regulations of the office of temporary and disabili-
ty assistance plus, for any month after June, nineteen hundred seventy-
five, an amount reflecting the federal supplemental security increases
resulting from July first, nineteen hundred seventy-five cost of living
increases in such benefits, plus for any month after June, nineteen
hundred eighty-two, an amount equal to the July first, nineteen hundred
eighty-two federal supplemental security income cost of living adjust-
ment, providing such individual was eligible to receive a mandatory
state supplement for the month of December, nineteen hundred eighty-one,
plus for any month after June, nineteen hundred eighty-three, an amount
equal to $17.70 for individuals, $26.55 for couples who are living alone
or living with others and $35.40 for couples receiving family care,
residential care or care in schools for the [mentally retarded] INTEL-
LECTUALLY DISABLED, plus for any month after December, nineteen hundred
eighty-three, an amount equal to $9.70 for individuals, $15.60 for
couples who are living alone or living with others and $19.40 for
couples receiving family care, residential care or care in schools for
the [mentally retarded] INTELLECTUALLY DISABLED, plus for any month
after December, nineteen hundred eighty-four, an amount equal to $11.00
for individuals, $16.00 for couples who are living alone or living with
others and $22.00 for couples receiving family care, residential care or
care in schools for the [mentally retarded] INTELLECTUALLY DISABLED,
plus for any month after December, nineteen hundred eighty-five, an
amount equal to $11.00 for individuals, $16.00 for couples who are
living alone or living with others and $22.00 for couples receiving
family care, residential care or care in schools for the [mentally
retarded] INTELLECTUALLY DISABLED, plus for any month after December,
nineteen hundred eighty-six an amount equal to $4.00 for individuals,
$6.00 for couples who are living alone or living with others and $8.00
for couples receiving family care, residential care or care in schools
for the [mentally retarded] INTELLECTUALLY DISABLED, plus for any month
after December, nineteen hundred eighty-seven an amount equal to $14.00
for individuals, $22.00 for couples who are living alone or living with
others and $28.00 for couples receiving family care, residential care or
care in schools for the [mentally retarded] INTELLECTUALLY DISABLED,
plus for any month after December, nineteen hundred eighty-eight an
amount equal to $14.00 for individuals, $21.00 for couples who are
living alone or living with others and $28.00 for couples receiving
family care, residential care or care in schools for the [mentally
S. 6793 38
retarded] INTELLECTUALLY DISABLED, plus for any other month after Decem-
ber, nineteen hundred eighty-nine an amount equal to $18.00 for individ-
uals, $27.00 for couples who are living alone or living with others and
$36.00 for couples receiving family care, residential care or care in
schools for the [mentally retarded] INTELLECTUALLY DISABLED, plus for
any month after December, nineteen hundred ninety an amount equal to
$21.00 for individuals, $31.00 for couples who are living alone or
living with others and $42.00 for couples receiving family care, resi-
dential care or care in schools for the [mentally retarded] INTELLECTU-
ALLY DISABLED, plus for any month after December, nineteen hundred nine-
ty-one an amount equal to $15.00 for individuals, $23.00 for couples who
are living alone or living with others and $30.00 for couples receiving
family care, residential care or care in schools for the [mentally
retarded] INTELLECTUALLY DISABLED, plus for any month after December,
nineteen hundred ninety-two, an amount equal to $12.00 for individuals,
$19.00 for couples who are living alone or living with others and $24.00
for couples receiving family care, residential care or care in schools
for the [mentally retarded] INTELLECTUALLY DISABLED plus for any month
after December, nineteen hundred ninety-three an amount equal to $12.00
for individuals, $17.00 for couples who are living alone or living with
others and $24.00 for couples receiving family care, residential care or
care in schools for the [mentally retarded] INTELLECTUALLY DISABLED plus
for any month after December, nineteen hundred ninety-four an amount
equal to $12.00 for individuals, $18.00 for couples who are living alone
or living with others and $24.00 for couples receiving family care,
residential care or care in schools for the [mentally retarded] INTEL-
LECTUALLY DISABLED, plus for any month after December, nineteen hundred
ninety-five an amount equal to $12.00 for individuals, $18.00 for
couples who are living alone or living with others and $24.00 for
couples receiving family care, residential care or care in schools for
the [mentally retarded] INTELLECTUALLY DISABLED, plus for any month
after December, nineteen hundred ninety-six, an amount equal to $14.00
for individuals and $21.00 for couples plus for any month after Decem-
ber, nineteen hundred ninety-seven an amount equal to $10.00 for indi-
viduals and $15.00 for couples plus for any month after December, nine-
teen hundred ninety-eight an amount equal to $6.00 for individuals and
$11.00 for couples plus for any month after December, nineteen hundred
ninety-nine an amount equal to $13.00 for individuals and $18.00 for
couples plus for any month after December, two thousand an amount equal
to $18.00 for individuals and $27.00 for couples plus for any month
after December, two thousand one an amount equal to $15.00 for individ-
uals and $21.00 for couples plus for any month after December, two thou-
sand two an amount equal to $7.00 for individuals and $12.00 for couples
plus for any month after December, two thousand three an amount equal to
$12.00 for individuals and $17.00 for couples plus for any month after
December, two thousand four an amount equal to $15.00 for individuals
and $23.00 for couples plus for any month after December, two thousand
five an amount equal to $24.00 for individuals and $35.00 for couples
plus for any month after December, two thousand six an amount equal to
the amount of any increases in federal supplemental security income
benefits for individuals or couples pursuant to section 1617 of the
Social Security Act (42 USC § 1382f) which become effective on or after
January first, two thousand seven.
§ 65. Paragraph (k) of subdivision 1 of section 364-j of the social
services law, as amended by chapter 649 of the laws of 1996, is amended
to read as follows:
S. 6793 39
(k) "Special care". Care, services and supplies relating to the treat-
ment of mental illness, [mental retardation] INTELLECTUAL DISABILITY,
developmental disabilities, alcoholism, alcohol abuse or substance
abuse, or HIV infection/AIDS.
§ 66. Paragraph (c) of subdivision 2 and paragraph (a) of subdivision
4 of section 365 of the social services law, paragraph (c) of subdivi-
sion 2 as amended by chapter 516 of the laws of 1973 and paragraph (a)
of subdivision 4 as amended by chapter 170 of the laws of 1994, are
amended to read as follows:
(c) who are patients in that part of a public institution operated for
the care of the [mentally retarded] INTELLECTUALLY DISABLED that has
been approved pursuant to law as a hospital or nursing home;
(a) who are patients in that part of a public institution operated for
the care of the [mentally retarded] INTELLECTUALLY DISABLED that has
been approved pursuant to law as an intermediate care facility or who
are participating in a program operated by the department of mental
hygiene or by a voluntary agency under an agreement with such depart-
ment, in that part of such a facility that has been approved as a day
treatment program in accordance with the regulations of the state
commissioner of mental hygiene;
§ 67. Subdivision 4 of section 365-g of the social services law, as
amended by section 31 of part C of chapter 58 of the laws of 2008, is
amended to read as follows:
4. The utilization thresholds established pursuant to this section
shall not apply to [mental retardation] INTELLECTUAL DISABILITY and
developmental disabilities services provided in clinics certified under
article twenty-eight of the public health law, or article twenty-two or
article thirty-one of the mental hygiene law.
§ 68. Subparagraph 2 of paragraph (e) of subdivision 1 of section 366
of the social services law, as added by section 1 of part D of chapter
56 of the laws of 2013, is amended to read as follows:
(2) is a patient in a public institution operated primarily for the
treatment of tuberculosis or care of the [mentally] INTELLECTUALLY disa-
bled, with the exception of: (i) a person sixty-five years of age or
older and a patient in any such institution; (ii) a person under twen-
ty-one years of age and receiving in-patient psychiatric services in a
public institution operated primarily for the care of the [mentally]
INTELLECTUALLY disabled; (iii) a patient in a public institution oper-
ated primarily for the care of the [mentally retarded] INTELLECTUALLY
DISABLED who is receiving medical care or treatment in that part of such
institution that has been approved pursuant to law as a hospital or
nursing home; (iv) a patient in an institution operated by the state
department of mental hygiene, while under care in a hospital on release
from such institution for the purpose of receiving care in such hospi-
tal; or (v) is a person residing in a community residence or a residen-
tial care center for adults.
§ 69. Clauses (vii), (viii) and (ix) of subparagraph 1 of paragraph
(d) of subdivision 5 of section 366 of the social services law, as added
by chapter 170 of the laws of 1994, are amended to read as follows:
(vii) "institutionalized individual" means any individual who is an
in-patient in a nursing facility, including an intermediate care facili-
ty for the [mentally retarded] INTELLECTUALLY DISABLED, or who is an
in-patient in a medical facility and is receiving a level of care
provided in a nursing facility, or who is receiving care, services or
supplies pursuant to a waiver granted pursuant to subsection (c) of
section 1915 of the federal social security act.
S. 6793 40
(viii) "intermediate care facility for the [mentally retarded"] INTEL-
LECTUALLY DISABLED" means a facility certified under article sixteen of
the mental hygiene law and which has a valid agreement with the depart-
ment for providing intermediate care facility services and receiving
payment therefor under title XIX of the federal social security act.
(ix) "nursing facility" means a nursing home as defined by section
twenty-eight hundred one of the public health law and an intermediate
care facility for the [mentally retarded] INTELLECTUALLY DISABLED.
§ 70. Clauses (vii), (viii) and (ix) of subparagraph 1 of paragraph
(e) of subdivision 5 of section 366 of the social services law, clause
(vii) as amended by section 51 of part C of chapter 58 of the laws of
2008 and clauses (viii) and (ix) as added by section 26-a of part C of
chapter 109 of the laws of 2006, are amended to read as follows:
(vii) "institutionalized individual" means any individual who is an
in-patient in a nursing facility, including an intermediate care facili-
ty for the [mentally retarded] INTELLECTUALLY DISABLED, or who is an
in-patient in a medical facility and is receiving a level of care
provided in a nursing facility, or who is described in section
1902(a)(10)(A)(ii)(VI) of the federal social security act.
(viii) "intermediate care facility for the [mentally retarded"] INTEL-
LECTUALLY DISABLED" means a facility certified under article sixteen of
the mental hygiene law and which has a valid agreement with the depart-
ment for providing intermediate care facility services and receiving
payment therefor under title XIX of the federal social security act.
(ix) "nursing facility" means a nursing home as defined by section
twenty-eight hundred one of the public health law and an intermediate
care facility for the [mentally retarded] INTELLECTUALLY DISABLED.
§ 71. Subparagraph (ii) of paragraph (d) of subdivision 6 of section
367-a of the social services law, as added by chapter 41 of the laws of
1992, is amended to read as follows:
(ii) out-patient hospital and clinic services except for mental health
services, [mental retardation] INTELLECTUAL DISABILITY and developmental
disability services, alcohol and substance abuse services and methadone
maintenance services;
§ 72. The opening paragraph of subparagraph (ii) of paragraph (a) of
subdivision 2 of section 369 of the social services law, as amended by
section 62 of part C of chapter 60 of the laws of 2014, is amended to
read as follows:
with respect to the real property of an individual who is an inpatient
in a nursing facility, intermediate care facility for the [mentally
retarded] INTELLECTUALLY DISABLED, or other medical institution, who is
not reasonably expected to be discharged from the medical institution
and to return home, and who is required, as a condition of receiving
services in such institution under the state plan for medical assist-
ance, to spend for costs of medical care all but a minimal amount of his
or her income required for personal needs; provided, however, any such
lien will dissolve upon the individual's discharge from the medical
institution and return home; in addition, no such lien may be imposed on
the individual's home if one of the following persons is lawfully resid-
ing in the home:
§ 73. Paragraph (e) of subdivision 6 of section 384-b of the social
services law, as amended by chapter 691 of the laws of 1991, is amended
to read as follows:
(e) In every proceeding upon a ground set forth in paragraph (c) of
subdivision four the judge shall order the parent to be examined by, and
shall take the testimony of, a qualified psychiatrist or a psychologist
S. 6793 41
licensed pursuant to article one hundred fifty-three of the education
law as defined in section 730.10 of the criminal procedure law in the
case of a parent alleged to be mentally ill or [retarded] INTELLECTUALLY
DISABLED, such psychologist or psychiatrist to be appointed by the court
pursuant to section thirty-five of the judiciary law. The parent and the
authorized agency shall have the right to submit other psychiatric,
psychological or medical evidence. If the parent refuses to submit to
such court-ordered examination, or if the parent renders himself
unavailable therefor whether before or after the initiation of a
proceeding under this section, by departing from the state or by
concealing himself therein, the appointed psychologist or psychiatrist,
upon the basis of other available information, including, but not limit-
ed to, agency, hospital or clinic records, may testify without an exam-
ination of such parent, provided that such other information affords a
reasonable basis for his opinion.
§ 74. Paragraph (f) of subdivision 2 of section 473-e of the social
services law, as added by chapter 395 of the laws of 1995, is amended to
read as follows:
(f) a person named as a court-appointed evaluator or guardian in
accordance with article eighty-one of the mental hygiene law, or a
person named as a guardian for the [mentally retarded] INTELLECTUALLY
DISABLED in accordance with article seventeen-A of the surrogate's court
procedure act; or
§ 75. Subdivision 1 of section 477 of the social services law, as
amended by chapter 550 of the laws of 1978, is amended to read as
follows:
1. All mentally ill, [mentally retarded] INTELLECTUALLY DISABLED,
blind and deaf and mute persons, the expense of whose support and main-
tenance now is, or, under the laws of the state of New York, may become
a charge upon the city of Poughkeepsie, or the county of Dutchess,
exclusive of said city, or both, and who are maintained, or shall be
maintained, in any of the institutions of the state of New York, shall
be supported by said county of Dutchess as one district.
§ 76. Paragraph (p) of subdivision 1 of section 261 of the tax law, as
amended by chapter 365 of the laws of 2005, is amended to read as
follows:
(p) with respect to the remaining counties of the state except Catta-
raugus county which have not suspended the imposition of such additional
tax pursuant to subdivision two of section two hundred fifty-three of
this article, to the comptroller to be paid by him or her into the
general fund in the state treasury to the credit of the state purposes
account; provided that money paid to the comptroller with respect to any
such remaining county in which on the date of such payment any mass
transportation, airport or aviation, municipal historic site, municipal
park, community mental health and [retardation] INTELLECTUAL DISABILITY
facility, or sewage treatment capital project is being carried out by a
municipality with state aid, or for which state aid will be paid, pursu-
ant to the provisions of title one of chapter seven hundred seventeen of
the laws of nineteen hundred sixty-seven, section 17.05 of the parks,
recreation and historic preservation law, section 41.18 of the mental
hygiene law, or section 17-1903 of the environmental conservation law,
shall be applied by him or her to increase the amount of aid for which
the state is obligated in respect to such project on such date, provided
that any such increase in state aid may not, together with any federal
funds paid or to be paid on account of the cost of such project, exceed
the total cost thereof, and where more than one such capital project is
S. 6793 42
being carried out on such date within such county, the application of
such monies by the comptroller shall be pro-rated among such munici-
palities on the basis of the respective amounts of state aid which are
so obligated on such date; and
§ 77. The opening paragraph of section 2 of section 1 of chapter 359
of the laws of 1968, constituting the facilities development corporation
act, as separately amended by chapters 195 and 658 of the laws of 1973,
is amended to read as follows:
It is hereby found and declared that the provision of new and improved
state facilities relating to the care, maintenance and treatment of the
[mentally] INTELLECTUALLY disabled must be accelerated if the state is
to meet its responsibilities in the face of an increasing state popu-
lation, a growing awareness that mental disability can be treated effec-
tively, and new research advances in treatment methods. An expanded
construction program is essential to relieve overcrowding in the state
hospitals for the mentally ill, to provide treatment and care for the
increasing population of [mentally retarded] INTELLECTUALLY DISABLED in
state schools, and to permit the establishment of special treatment
programs for mentally ill and emotionally disturbed children and for the
mentally ill blind and the mentally ill deaf. Existing state facilities
require substantial modernization and structural change to accommodate
new concepts of treatment for the [mentally] INTELLECTUALLY disabled and
special units for the treatment of alcoholism and narcotics addiction.
Larger and better equipped research facilities must be installed in
order to insure that state treatment units are in the forefront of
applying and developing advanced therapeutic methods. At the same time,
improved training facilities and quarters are needed to attract and
retain the best-qualified staff personnel.
§ 78. The third undesignated paragraph of section 2 of section 1 of
chapter 359 of the laws of 1968, constituting the facilities development
corporation act, as amended by chapter 547 of the laws of 1979, is
amended to read as follows:
It is further found and declared that the provision of new and
improved community mental health and [retardation] INTELLECTUAL DISABIL-
ITY facilities must be accelerated, in order to provide comprehensive
care and treatment of the mentally ill and [mentally retarded] INTELLEC-
TUALLY DISABLED. Such community mental health and [retardation] INTEL-
LECTUAL DISABILITY facilities should be located close to the people they
serve, in order to speed rehabilitation and restoration, by involving
families and community resources to the extent practicable. Such an
accelerated construction program will also help relieve overcrowding in
state facilities for the mentally ill and [mentally retarded] INTELLEC-
TUALLY DISABLED and will afford treatment and care for the increasing
number of [mentally retarded] INTELLECTUALLY DISABLED. Such a program
will increase the number of local facilities for out-patient care and
short-term in-patient care, including after care, diagnostic and rehabi-
litative services, training and research. While the responsibility for
the professional care, maintenance and treatment of the mentally ill and
[mentally retarded] INTELLECTUALLY DISABLED at all such community mental
health and [retardation] INTELLECTUAL DISABILITY facilities should
continue in the local governments, subject to the provisions of article
forty-one of the mental hygiene law and the regulations of the commis-
sioners of the offices of the department having jurisdiction thereof,
the legislature further finds and declares that the Facilities Develop-
ment Corporation should be empowered to aid cities and counties, at
their request, to provide new and improved community mental health and
S. 6793 43
[retardation] INTELLECTUAL DISABILITY facilities in order to insure
their timely construction, acquisition, reconstruction, rehabilitation
and improvement in relation to current and foreseeable needs and the
emergence of new patterns of treatment and care and should be empowered
to receive and administer monies for such purpose.
§ 79. Subdivisions 10 and 19 of section 3 of section 1 of chapter 359
of the laws of 1968, constituting the facilities development corporation
act, subdivision 10 as amended by section 1 of part N of chapter 59 of
the laws of 2016 and subdivision 19 as amended by section 1 of part H of
chapter 58 of the laws of 2008, are amended to read as follows:
10. "Mental hygiene facility" shall mean a building, a unit within a
building, a laboratory, a classroom, a housing unit, a dining hall, an
activities center, a library, real property of any kind or description,
or any structure on or improvement to real property, or an interest in
real property, of any kind or description, owned by or under the juris-
diction of the corporation, including fixtures and equipment which are
an integral part of any such building, unit, structure or improvement, a
walkway, a roadway or a parking lot, and improvements and connections
for water, sewer, gas, electrical, telephone, heating, air conditioning
and other utility services, or a combination of any of the foregoing,
whether for patient care and treatment or staff, staff family or service
use, located at or related to any psychiatric center, any developmental
center, or any state psychiatric or research institute or other facility
now or hereafter established under the department. A mental hygiene
facility shall also mean and include a residential care center for
adults, a "community mental health and [retardation] INTELLECTUAL DISA-
BILITY facility" and a treatment facility for use in the conduct of an
alcoholism or substance abuse treatment program as defined in the mental
hygiene law unless such residential care center for adults, community
mental health and [retardation] INTELLECTUAL DISABILITY facility or
alcoholism or substance abuse facility is expressly excepted, or the
context clearly requires otherwise, and shall also mean and include any
treatment facility for use in the conduct of an alcoholism or substance
abuse treatment program that is also operated as an associated health
care facility. The definition contained in this subdivision shall not be
construed to exclude therefrom a facility owned or leased by one or more
voluntary agencies that is to be financed, refinanced, designed,
constructed, acquired, reconstructed, rehabilitated or improved under
any lease, sublease, loan or other financing agreement entered into with
such voluntary agencies, and shall not be construed to exclude therefrom
a facility to be made available from the corporation to a voluntary
agency at the request of the commissioners of the offices of the depart-
ment having jurisdiction thereof. The definition contained in this
subdivision shall not be construed to exclude therefrom a facility with
respect to which a voluntary agency has an ownership interest in, and
proprietary lease from, an organization formed for the purpose of the
cooperative ownership of real estate.
19. "Voluntary agency" means a corporation organized under or existing
pursuant to the not-for-profit corporation law providing or, pursuant to
a written agreement with the appropriate commissioner, approved to
provide housing that includes residences for persons with mental disa-
bilities, or services benefitting or assisting in the care, treatment,
rehabilitation or maintenance of persons with mental disabilities,
community mental health or residential services, community [mental
retardation] INTELLECTUAL DISABILITY services, or alcohol, substance-a-
buse, or chemical-dependency residential or non-residential treatment
S. 6793 44
services, or for any combination of the foregoing. Notwithstanding any
other provision of law to the contrary, voluntary agency shall also
include any entity receiving financing, approvals or assistance of any
form from the state housing finance agency or the state division of
housing and community renewal for one or more integrated housing
projects including projects serving persons with mental disabilities,
which shall be approved by the appropriate commissioner. Such commis-
sioner is hereby authorized to enter into any agreements necessary or
useful for such projects, subject to the approval of the director of the
budget.
§ 80. Paragraph a of subdivision 8 and subdivision 13 of section 5 of
section 1 of chapter 359 of the laws of 1968, constituting the facili-
ties development corporation act, paragraph a of subdivision 8 as
amended by chapter 58 of the laws of 1987 and subdivision 13 as amended
by chapter 723 of the laws of 1993, are amended to read as follows:
a. With the approval of the appropriate commissioner of the department
and the director of the budget, to purchase real property necessary or
convenient for a mental hygiene facilities improvement program in the
name of the state, except where such purchase is for the purpose of
providing community mental health and [retardation] INTELLECTUAL DISA-
BILITY facilities in which case such purchase shall be in its own name;
provided, however, that all such purchases shall be made pursuant to
legislation or appropriations in accordance with section nine of this
act. Nothing in this section contained shall be construed to prohibit
the acquisition of real property by purchase or appropriation by the
appropriate commissioner of the department pursuant to article seventy-
one of the mental hygiene law for the purpose of making mental hygiene
facilities available under license or permit from the corporation to a
voluntary agency, subject to the terms and conditions of any lease,
sublease, loan or other financing agreement with the state housing
finance agency or the state medical care facilities finance agency, (i)
for use in providing community mental health and [retardation] INTELLEC-
TUAL DISABILITY services, including services in a residential care
center for adults, or (ii) for the conduct of an alcoholism or substance
abuse treatment program as defined in article nineteen of the mental
hygiene law.
13. Subject to the terms and conditions of any lease, sublease, loan
or other financing agreement with the state housing finance agency or
the state medical care facilities finance agency, and to the determi-
nation of the appropriate commissioner of the department, and in the
case of community mental health and [retardation] INTELLECTUAL DISABILI-
TY facilities, of the city or county, that such real property held for
the purposes of a mental hygiene facilities improvement program is
unnecessary for the present or foreseeable future needs of a mental
hygiene facility, with the approval of the director of the budget, to
convey for fair value any right, title or interest of the people of the
state of New York in and to such real property to any appropriate state
agency, or public corporation, city or county for other public use or
for sale, lease or other disposition in accordance with law, real prop-
erty held by the corporation, provided, however, nothing in this subdi-
vision shall be deemed to supercede the provisions of section 41.34 of
the mental hygiene law and provided further that any such conveyance
shall be subject to, and consistent with the terms and objectives of,
any plan developed by the state interagency council on mental hygiene
property utilization. The corporation shall provide written notice at
least thirty days in advance of the effective date of any conveyance to
S. 6793 45
the governor, the majority leader of the senate and the speaker of the
assembly. No conveyance as authorized in this subdivision that may
adversely affect the tax exempt nature of any such lease, sublease, loan
or other financing agreement with the state housing finance agency or
the New York state medical care facilities finance agency may occur
until the attorney general or other designated bond counsel determines
in writing that the conveyance is consistent with all applicable state
and federal laws, rules and regulations, and with deeds, leases,
subleases, loan agreements, financing agreements, and bond resolutions
relating to or affected by the conveyance, and that the conveyance does
not impair the tax exempt status of outstanding obligations issued by
the state housing finance agency or the New York state medical care
facilities finance agency to finance or refinance the design,
construction, acquisition, reconstruction, rehabilitation or improvement
of mental health service facilities as defined in the New York state
medical care facilities finance agency act.
§ 81. Subdivisions 3, 4 and 5 of section 6 of section 1 of chapter 359
of the laws of 1968, constituting the facilities development corporation
act, subdivisions 3 and 4 as amended by chapter 547 of the laws of 1979
and subdivision 5 as amended by chapter 351 of the laws of 1985, are
amended to read as follows:
3. To provide mental hygiene facilities, other than community health
and [retardation] INTELLECTUAL DISABILITY facilities, for the care,
maintenance and treatment of the [mentally] INTELLECTUALLY disabled, for
research and training related thereto, and for the members of the staff
of state institutions in the department and their families, to reduce
the time lag between determination of need for such facilities and actu-
al occupancy thereof, to expedite the construction, acquisition, recon-
struction, rehabilitation or improvement of such facilities, to assure
that the same are completed and ready for the purposes intended in the
light of foreseeable needs, to assure exclusive possession, jurisdic-
tion, control and supervision over all mental hygiene facilities in
order to effectuate the aforesaid purposes and to make such facilities
available to the appropriate commissioner of the department for use in
the care, maintenance and treatment of the [mentally] INTELLECTUALLY
disabled.
4. To provide community mental health and [retardation] INTELLECTUAL
DISABILITY facilities for the [mentally] INTELLECTUALLY disabled, for
out-patient care and short-term in-patient care, including after care
and diagnostic and rehabilitative services and training and research,
for and at the request of cities and counties not wholly within a city,
authorized to provide community mental health services in accordance
with the provisions of article forty-one of the mental hygiene law, to
reduce the time between determination of the need for such facilities
and actual occupancy thereof, to expedite the construction, acquisition,
reconstruction, rehabilitation or improvement of such facilities, to
assure that the same are completed and ready for the purposes intended
in the light of current and foreseeable needs, all as approved by the
appropriate commissioner of the department.
5. To provide mental hygiene facilities to be made available under
license or permit from the corporation to voluntary agencies at the
request of the appropriate commissioner of the department in accordance
with the provisions of this act for use in providing community mental
health and [retardation] INTELLECTUAL DISABILITY services and services
in a residential care center for adults.
S. 6793 46
§ 82. Paragraphs b and c of subdivision 1 of section 9 of section 1 of
chapter 359 of the laws of 1968, constituting the facilities development
corporation act, paragraph b as amended by chapter 58 of the laws of
1987 and paragraph c as amended by chapter 547 of the laws of 1979, are
amended to read as follows:
b. The directors of the corporation shall prepare or cause to be
prepared for the state housing finance agency or the medical care facil-
ities finance agency, within the amounts appropriated therefor or other-
wise available, the building plans, the exterior drawings or models
displaying the architectural concept of each mental hygiene facility
thereafter to be constructed, reconstructed, rehabilitated or improved,
and the detailed plans and specifications for all such construction,
reconstruction, rehabilitation and improvement work to be performed, all
of which shall be subject to the separate approval of the appropriate
commissioner of the department and, in the case of community mental
health and [retardation] INTELLECTUAL DISABILITY facilities, of the
governing body of the city or county or of such officer, department,
agency or community mental health board as may be designated by such
governing body for the purpose of such approval. The directors of the
corporation, except in the case of community mental health and [retarda-
tion] INTELLECTUAL DISABILITY facilities, may cause the building plans,
drawings, models and detailed plans and specifications for such work to
be prepared under the direction of the commissioner of general services
in accordance with the terms of any agreement entered into between the
corporation and such commissioner pursuant to subdivision two of this
section. In the case of community mental health and [retardation] INTEL-
LECTUAL DISABILITY facilities, the directors of the corporation may
cause such building plans, drawings, models and detailed plans and spec-
ifications for such work to be prepared by its own employees, or on a
contract basis, or by agreement with a city or county or with any state
department or agency authorized to perform such work.
The detailed plans and specifications for any such work to be
performed pursuant to a contract shall comply with the construction
standards in effect at the time the contract is executed.
Subject to the terms of any agreement entered into between the corpo-
ration and the commissioner of general services pursuant to subdivision
two of this section and between the corporation and the state housing
finance agency or the medical care facilities finance agency pursuant to
such section, the directors of the corporation may from time to time
modify, or authorize modifications to, such detailed plans and specifi-
cations provided (i) that the plans and specifications as so modified
shall comply with the construction standards, if any, adopted pursuant
to paragraph a of this subdivision and in effect at the time of the
modification, and (ii) that such modifications, if substantial, are made
with the separate approval of the appropriate commissioner of the
department and, in the case of community mental health and [retardation]
INTELLECTUAL DISABILITY facilities, of such governing body of the city
or county or of such officer, department, agency or community mental
health board as may be designated by such governing body for the purpose
of such approval, and (iii) that in the event an amount for contingen-
cies is appropriated or advanced to the corporation to pay the added
costs during the then current state fiscal year of all modifications
made in the course of construction, reconstruction, rehabilitation and
improvement of mental hygiene facilities, no such modifications shall be
made or authorized in such fiscal year without the approval of the
director of the budget unless the cost thereof shall be less than five
S. 6793 47
percentum of the total estimated cost of the facility as set forth in
the budget bill referred to in paragraph a of subdivision two of this
section, but in no event shall any such modification be made or author-
ized in such fiscal year if the cost thereof, plus the cost of all
modifications theretofore made or authorized during the same state
fiscal year, would exceed the amount for contingencies appropriated or
advanced for the purpose of such modifications, and (iv) that in the
event an amount for contingencies is not appropriated for the purpose of
such modifications, no such modification involving an estimated expense
of ten thousand dollars or more shall be made or authorized without the
prior approval of the director of the budget.
c. In the design, construction, acquisition, reconstruction, rehabili-
tation, alteration and improvement of mental hygiene facilities to be
made available under license or permit from the corporation to voluntary
agencies for use in providing community mental health and [retardation]
INTELLECTUAL DISABILITY services, the corporation shall be governed by
the provisions of this act relating to the design and construction of
mental hygiene facilities provided, however, that the program for each
such facility shall have been prepared under the supervision of the
appropriate commissioner of the department pursuant to the mental
hygiene law at the request of such voluntary agency and with the
approval of the community mental health board established pursuant to
article forty-one of the mental hygiene law.
§ 83. The opening paragraph of subparagraph (i) and subparagraph (ii)
of paragraph b of subdivision 2 of section 9 of section 1 of chapter 359
of the laws of 1968, constituting the facilities development corporation
act, the opening paragraph of subparagraph (i) as amended by chapter 166
of the laws of 1991 and subparagraph (ii) as amended by chapter 658 of
the laws of 1973, are amended to read as follows:
The corporation may design, construct, reconstruct, rehabilitate and
improve a mental hygiene facility, other than a community mental health
and [retardation] INTELLECTUAL DISABILITY facility, whether as principal
or as agent for the state housing finance agency or the medical care
facilities finance agency, only by agreement with the commissioner of
general services, except that in the case a mental hygiene facility
owned or leased by a voluntary agency that is to be designed,
constructed, reconstructed, rehabilitated and improved under any lease,
sublease, loan or other financing agreement entered into with such
voluntary agency, or jointly with such voluntary agency and one or more
voluntary agencies that operate such facility the same may be designed,
constructed, reconstructed, rehabilitated and improved by such voluntary
agencies, and except that:
(ii) The corporation, with the approval of the director of the budget,
may construct, reconstruct, rehabilitate and improve a community mental
health and [retardation] INTELLECTUAL DISABILITY facility by its own
employees, by agreement with a city or county or with any state depart-
ment or agency authorized to perform such work, or by contract awarded
pursuant to paragraph g of this subdivision. All contracts awarded by a
city or county on behalf of the corporation shall be awarded pursuant to
paragraph g of this subdivision, notwithstanding any provision of any
general, special or local law or any charter.
§ 84. Paragraphs a and b of subdivision 3 of section 9 of section 1 of
chapter 359 of the laws of 1968, constituting the facilities development
corporation act, paragraph a as amended by chapter 723 of the laws of
1993 and paragraph b as amended by section 48 of part TTT of chapter 59
of the laws of 2019, are amended to read as follows:
S. 6793 48
a. Subject to the provisions of this act, the directors of the corpo-
ration shall receive, accept, invest, administer, expend and disburse
for its corporate purposes, other than for the purposes of any health
facilities improvement program, (i) all payments made on or after Janu-
ary 1, 1964, for the care, maintenance and treatment of patients in
every mental hygiene facility, other than a community mental health and
[retardation] INTELLECTUAL DISABILITY facility or a mental hygiene
facility made available under license or permit from the corporation to
a voluntary agency for use in providing community mental health and
[retardation] INTELLECTUAL DISABILITY services, or an office of [alco-
holism and substance abuse] ADDICTION services AND SUPPORTS facility
made available under license or permit from the corporation to a volun-
tary agency for use in the conduct of an alcoholism or substance abuse
treatment program, (ii) all payments made to the corporation by a lessee
or permittee as rentals, permit fees or otherwise under any lease,
sublease, permit or agreement undertaken with respect to a community
mental health and [retardation] INTELLECTUAL DISABILITY facility or
current or former mental hygiene facility or from a voluntary agency
with respect to a mental hygiene facility made available under lease,
license or permit from the corporation to a voluntary agency, and (iii)
all payments made to the corporation for the purchase of real property
held by the corporation for the use of the department, other than
payments derived from New York state medical care facilities finance
agency financing or refinancing of the design, construction, acquisi-
tion, reconstruction, rehabilitation, improvement or renovation of state
operated mental hygiene facilities, and may receive, accept, invest,
administer, expend and disburse for its corporate purposes, other than
for the purposes of any health facilities improvement program, appropri-
ations or advances from the capital projects fund and the state purposes
account of the general fund of the state, and other revenues and monies
made available or to be made available to the corporation from any or
all sources, including gifts, grants, loans and payments from the feder-
al government, any state agency, any county, city, town or village, any
private foundation, organization or individual, or any other source, for
the construction, acquisition, reconstruction, rehabilitation and
improvement of mental hygiene facilities, and for the maintenance and
repair of such facilities.
b. All monies of the corporation received or accepted pursuant to
paragraph a of this subdivision, other than appropriations and advances
from the state and except as otherwise authorized or provided in this
section, shall be paid to the commissioner of taxation and finance as
agent of the corporation, who shall not commingle such monies with any
other monies. Such monies shall be deposited in two or more separate
bank accounts. One of such accounts, to which shall be credited (i) all
payments made on or after January 1, 1964, for the care, maintenance and
treatment of patients in every mental hygiene facility, other than a
community mental health and [retardation] INTELLECTUAL DISABILITY facil-
ity, (ii) all payments made to the corporation as rentals, lease
payments, permit fees or otherwise under any lease, sublease or agree-
ment undertaken with respect to a community mental health and [retarda-
tion] INTELLECTUAL DISABILITY facility or a current or former mental
hygiene facility, (iii) all payments made to the corporation for the
purchase of real property held by the corporation for the use of the
department, other than payments derived from New York state medical care
facilities finance agency financing or refinancing of the design,
construction, acquisition, reconstruction, rehabilitation, improvement
S. 6793 49
or renovation of state operated mental hygiene facilities, (iv) all
income from investments and (v) all monies received or to be received
for the purposes of such account on a recurring basis, shall be denomi-
nated the "mental hygiene facilities improvement fund income account".
The monies in any account shall be paid out on checks signed by the
commissioner of taxation and finance on requisition of the chairman of
the corporation or of such other officer or employee or officers or
employees as the corporation shall authorize to make such requisition.
All deposits of such money shall, if required by the commissioner of
taxation and finance or the directors of the corporation, be secured by
obligations of the United States or of the state of a market value equal
at all times to the amount of the deposit and all banks and trust compa-
nies are authorized to give such security for such deposits. Any moneys
of the corporation not required for immediate use or disbursement may,
at the discretion of the corporation, be invested by the commissioner of
taxation and finance in accordance with the provisions of section 98-a
of the state finance law. The mental hygiene facilities improvement fund
and the income account therein shall remain in existence until termi-
nated by the corporation by written notice to the commissioner of taxa-
tion and finance. Any moneys on deposit in the mental hygiene facilities
improvement fund or the income account therein upon the termination of
said fund and account shall be transferred by the commissioner of taxa-
tion and finance to the mental health services fund. The corporation
shall not terminate the mental hygiene facilities improvement fund and
the income account therein until all mental health services facilities
bonds issued pursuant to: (i) the New York state medical care facilities
finance agency act; (ii) article five-c of the state finance law; and
(iii) article five-f of the state finance law and payable from the
income account as described in paragraph g of this subdivision are no
longer outstanding.
§ 85. The fifth undesignated paragraph of subdivision 5 of section 9
of section 1 of chapter 359 of the laws of 1968, constituting the facil-
ities development corporation act, as amended by chapter 58 of the laws
of 1987, is amended to read as follows:
The provisions of this subdivision shall not apply to community mental
health and [retardation] INTELLECTUAL DISABILITY facilities.
§ 86. Subdivision 6 of section 9 of section 1 of chapter 359 of the
laws of 1968, constituting the facilities development corporation act,
paragraphs a and b as amended by chapter 58 of the laws of 1987, is
amended to read as follows:
6. Notwithstanding any provision of any general, special or local law
or of any charter:
a. The governing body, as such term is defined in article forty-one of
the mental hygiene law (except that with respect to the city of New York
such term shall mean the board of estimate), of a city or county may,
upon such terms and conditions as shall be approved by such governing
body and for such consideration, if any, as may be determined by such
governing body, but not to exceed the cost of acquisition thereof and
the cost of improvements thereon, exclusive of any costs reimbursed or
to be reimbursed in accordance with the provisions of article forty-one
of the mental hygiene law otherwise, execute and deliver to the corpo-
ration a lease for a term not exceeding forty years or a deed (i)
conveying to the corporation real property and one or more community
mental health and [retardation] INTELLECTUAL DISABILITY facilities of
the city or county located thereon, a portion of the costs of which
facilities are eligible for state reimbursement in accordance with the
S. 6793 50
provisions of article forty-one or article twenty-five of the mental
hygiene law or (ii) conveying to the corporation real property of the
city or county or an interest therein, for the purpose of causing to be
constructed, reconstructed, rehabilitated or improved thereon one or
more community mental health and [retardation] INTELLECTUAL DISABILITY
facilities pursuant to this act, such community mental health and
[retardation] INTELLECTUAL DISABILITY facilities to be made available to
such county or city for use and occupancy under lease, sublease or other
agreement upon such terms and conditions as may be agreed upon, includ-
ing terms and conditions relating to length of terms, maintenance and
repair of community mental health and [retardation] INTELLECTUAL DISA-
BILITY facilities during such term and the annual rentals to be paid
therefor for the use thereof. The corporation is hereby authorized to
accept any such lease or conveyance, to hold such real property, to
enter into a lease, sublease or other agreement with such city or county
for the purpose of making such community mental health and [retardation]
INTELLECTUAL DISABILITY facility so acquired or to be constructed,
reconstructed, rehabilitated or improved thereon available for use and
occupancy by such city or county, and to lease or convey real property
so acquired to the New York state housing finance agency or the medical
care facilities finance agency, provided, however, that any such further
lease or conveyance shall be solely for the purpose of causing community
mental health and [retardation] INTELLECTUAL DISABILITY facilities to be
acquired, constructed, reconstructed, rehabilitated or improved thereon,
such community mental health and [retardation] INTELLECTUAL DISABILITY
facilities to be made available to such city or county for use and occu-
pancy under a lease, sublease or other agreement between the corporation
and such city or county, upon such terms and conditions as may be agreed
upon. No such lease or conveyance from the corporation to the New York
state housing finance agency or the state medical care facilities
finance agency shall be for a consideration in excess of the cost of
acquisition of such real property and the costs of improvements thereon.
The appropriate commissioner of the department, on behalf of his office,
and the director of the budget shall approve all leases, subleases or
agreements, whether between the corporation and such city or county or
between the corporation and the housing finance agency or the state
medical care facilities finance agency, and the appropriate commissioner
of the department shall be a party thereto. The appropriate division of
the office of [alcoholism and substance abuse] ADDICTION SERVICES AND
SUPPORTS shall also approve all such leases, subleases or agreements
relating to the construction, reconstruction, rehabilitation or improve-
ment of community mental health and [retardation] INTELLECTUAL DISABILI-
TY facilities, constituting alcoholism or substance abuse facilities for
use in an alcoholism or substance abuse treatment program as defined in
the mental hygiene law.
b. In the event that the corporation shall fail, within five years
after the date of such lease or conveyance, to construct, reconstruct,
rehabilitate or improve the community mental health and [retardation]
INTELLECTUAL DISABILITY facility or facilities thereon for which such
lease or conveyance was made, or to cause the same to be done, as
provided for in a lease, sublease or other agreement entered into with
such city or county, then, subject to the terms of any lease, sublease
or other agreement undertaken by the New York state housing finance
agency or the state medical care facilities finance agency, with respect
thereto, such real property and any facilities thereon shall revert to
such city or county with right of re-entry thereupon, and such lease or
S. 6793 51
deed shall be made subject to such condition of reverter and re-entry;
provided, however, that as a condition precedent to the exercise of such
right of re-entry, such city or county shall pay an amount equal to the
sum of the purchase price of such real property, the depreciated cost of
any facility or facilities constructed, reconstructed, rehabilitated or
improved thereon, and all other costs of the corporation or the New York
state housing finance agency or the state medical care facilities
finance agency incident to the costs of the acquisition of such real
property and the financing of construction, reconstruction, rehabili-
tation or improvement relating to such facility or facilities, all as
provided in the aforesaid lease, sublease or other agreement entered
into with such city or county.
c. No real property or interest therein shall be acquired by the
corporation pursuant to this subdivision unless title thereto shall have
been approved by the attorney general.
d. The attorney general shall pass upon the form and sufficiency and
manner of execution of any deed of conveyance and of any lease of real
property authorized to be given under this subdivision by any city or
county to the corporation, and any lease, sublease or agreement between
the corporation and a city or county, and the same shall not be effec-
tive unless such deed, lease, sublease or agreement shall be so approved
by him.
e. The cost of construction, acquisition, reconstruction, rehabili-
tation or improvement of community mental health and [retardation]
INTELLECTUAL DISABILITY facilities undertaken by the corporation pursu-
ant to this act may include the cost of acquisition of any real property
leased or conveyed to the corporation pursuant to paragraph a of this
subdivision [six] and the cost of the original furnishing, equipment,
machinery and apparatus as determined by the corporation.
f. The provisions of this act shall not be deemed to prevent a city or
county from financing the cost of constructing, acquiring, reconstruct-
ing, rehabilitating or improving a community mental health and [retarda-
tion] INTELLECTUAL DISABILITY facility by the issuance of bonds or capi-
tal notes of such city or county pursuant to the local finance law.
§ 87. The fifth undesignated paragraph of section 2 of section 1 of
chapter 392 of the laws of 1973, constituting the New York state medical
care facilities finance agency act, as added by chapter 58 of the laws
of 1987, is amended to read as follows:
Prompt provision of well-equipped, modern hospitals, schools and other
facilities related to the care, maintenance and treatment of mentally
ill, [mentally retarded] INTELLECTUALLY DISABLED and developmentally
disabled persons is also needed in the state. In order to encourage the
investment of private capital in such hospitals, schools and other
mental health services facilities and to assure their timely
construction, acquisition, reconstruction, rehabilitation and improve-
ment, or the refinancing thereof, the New York state medical care facil-
ities finance agency should be empowered, through the issuance of its
bonds, notes or other obligations to the private investing public, to
obtain all or a portion of the funds necessary to finance the same and
to meet the needs of patients and staff at such facilities.
§ 88. Subdivisions 4 and 6 of section 5-a of section 1 of chapter 392
of the laws of 1973, constituting the New York state medical care facil-
ities finance agency act, subdivision 4 as amended by chapter 389 of the
laws of 1987 and subdivision 6 as amended by chapter 672 of the laws of
2019, are amended to read as follows:
S. 6793 52
4. As used in this section or in connection with a federally-aided
mortgage loan, the term "project" means a specific work or improvement,
whether or not to effectuate all or any part of a plan, and includes
lands, buildings, improvements, fixtures and personal property
constructed, acquired, reconstructed, refinanced, rehabilitated,
improved, managed, owned or operated by a non-profit corporation pursu-
ant to this section, to provide hospital, residential health care, resi-
dential facilities for the [mentally retarded] INTELLECTUALLY DISABLED
and developmentally disabled [or the mentally disabled] or for the care,
treatment, training and education of the [mentally retarded] INTELLECTU-
ALLY DISABLED and developmentally disabled [or the mentally disabled] or
comprehensive health services facilities and such related incidental and
appurtenant facilities as the agency may approve. The term "project"
shall also mean a separate work or improvement, including lands, build-
ings, fixtures and personal property related thereto, managed, owned or
operated by a non-profit corporation pursuant to this section to provide
such services, functions, capabilities and facilities as may be conven-
ient or desirable for the operation of a hospital, a residential health
care or comprehensive health services facility.
6. As used in this section or in connection with federally-aided mort-
gage loan regarding residential facilities for the [mentally retarded]
INTELLECTUALLY DISABLED and developmentally disabled [or the mentally
disabled] or for the care, treatment, training and education of the
[mentally retarded] INTELLECTUALLY DISABLED and developmentally disabled
[or the mentally disabled] the term "commissioner" shall also mean the
commissioner of mental health or the commissioner of the office for
people with developmental disabilities.
§ 89. Paragraph a of subdivision 1 of section 9-a of section 1 of
chapter 392 of the laws of 1973, constituting the New York state medical
care facilities finance agency act, as amended by chapter 166 of the
laws of 1991, is amended to read as follows:
a. "Mental health services facility" shall mean a building, a unit
within a building, a laboratory, a classroom, a housing unit, a dining
hall, an activities center, a library, real property of any kind or
description, or any structure on or improvement to real property of any
kind or description, including fixtures and equipment which may or may
not be an integral part of any such building, unit, structure or
improvement, a walkway, a roadway or a parking lot, and improvements and
connections for water, sewer, gas, electrical, telephone, heating, air
conditioning and other utility services, or a combination of any of the
foregoing, whether for patient care and treatment or staff, staff family
or service use, located at or related to any psychiatric center, any
developmental center, or any state psychiatric or research institute or
other facility now or hereafter established under the state department
of mental hygiene. A mental health services facility shall also mean and
include a residential care center for adults, a "community mental health
and [retardation] INTELLECTUAL DISABILITY facility", and a state or
voluntary operated treatment facility for use in the conduct of an alco-
holism or substance abuse treatment program as defined in the mental
hygiene law, unless such residential care center for adults, community
mental health and [retardation] INTELLECTUAL DISABILITY facility or
alcoholism or substance abuse facility is expressly excepted or the
context clearly requires otherwise. The definition contained in this
subdivision shall not be construed to exclude therefrom a facility,
whether or not owned or leased by a voluntary agency, to be made avail-
able under lease, or sublease, from the facilities development corpo-
S. 6793 53
ration to a voluntary agency at the request of the commissioners of the
offices and directors of the divisions of the department of mental
hygiene having jurisdiction thereof for use in providing services in a
residential care center for adults, community mental health and [retar-
dation] INTELLECTUAL DISABILITY services, or for use in the conduct of
an alcoholism or substance abuse treatment program. For purposes of this
section mental health services facility shall also mean mental hygiene
facility as defined in subdivision ten of section three of the facili-
ties development corporation act.
§ 90. Paragraphs a and b of subdivision 7 of section 9-a of section 1
of chapter 392 of the laws of 1973, constituting the New York state
medical care facilities finance agency act, paragraph a as added by
chapter 58 of the laws of 1987 and paragraph b as amended by chapter 506
of the laws of 1997, are amended to read as follows:
a. The agency shall have the power to acquire by lease or deed from
the facilities development corporation any real property acquired by the
corporation pursuant to the provisions of subdivision six of section
nine of the facilities development corporation act (i) for the purpose
of constructing, reconstructing, rehabilitating or improving thereon one
or more community mental health and [retardation] INTELLECTUAL DISABILI-
TY facilities or (ii) for the purpose of financing or refinancing the
acquisition, construction, reconstruction, rehabilitation or improvement
thereon of one or more community mental health and [retardation] INTEL-
LECTUAL DISABILITY facilities, pursuant to the provisions of this act
and the facilities development corporation act. The agency is hereby
authorized to lease or sublease such real property and facilities there-
on to the corporation for the purpose of making the same available to a
city or a county not wholly within a city, for use and occupancy in
accordance with the provisions of a lease, sublease or other agreement
between the corporation and such city or county.
b. In the event that the agency shall fail, within five years after
the date of a lease or conveyance of such real property from property
from such city or county to the corporation, to construct, reconstruct,
rehabilitate or improve the community mental health and [retardation]
INTELLECTUAL DISABILITY facility or facility thereon for which such
lease or conveyance was made, as provided for in a lease, sublease or
other financing agreement entered into by such city or county and the
corporation, then, subject to the terms of any lease, sublease or other
financing agreement undertaken by the agency, such real property and any
facilities thereon shall revert to the corporation with right of re-en-
try thereupon, and such lease or deed shall be made subject to such
condition of reverter and re-entry. Provided, however, that as a condi-
tion precedent to the exercise of such right of re-entry the corporation
shall pay to the agency an amount equal to the sum of the purchase price
of such real property, the depreciated cost of any community mental
health and [retardation] INTELLECTUAL DISABILITY facility or facilities
constructed, reconstructed, rehabilitated or improved thereon and all
other costs of the agency incident to the acquisition of such lands and
the financing of construction, reconstruction, rehabilitation or
improvement relating to such community mental health and [retardation]
intellectual disability facility or facilities, all as provided in the
aforesaid lease, sublease or other financing agreement entered into with
the corporation. It is further provided that for the Corona unit of the
Bernard M. Fineson developmental disabilities services office, the
corporation may but is not required to pay to the agency an amount less
than or equal to the purchase price of the real property, the depreci-
S. 6793 54
ated cost of sum of the community mental health and [retardation] INTEL-
LECTUAL DISABILITY facility constructed, reconstructed, rehabilitated,
demolished or improved thereon and all other costs of the agency inci-
dent to the acquisition of such lands and the financing of construction,
reconstruction, rehabilitation, demolition or improvement relating to
such community mental health and [retardation] INTELLECTUAL DISABILITY
facility, all as provided in the aforesaid lease, sublease or other
financing agreement entered into with the corporation.
§ 91. The opening paragraph of subdivision m of section 17-306 of the
administrative code of the city of New York, as added by local law
number 34 of the city of New York for the year 1993, is amended to read
as follows:
"Disabled person". Any person who has or had a physical or mental
impairment that substantially limits one or more major life activities
and has a record of such an impairment. For the purposes of this subdi-
vision, "physical impairment" means a physiological disorder or condi-
tion, or anatomical loss affecting one or more of the following body
systems: neurological; musculoskeletal; special sense organs; respir-
atory, including speech organs; cardiovascular; genitourinary; hemic and
lymphatic; or skin and endocrine. It includes, but is not limited to,
such diseases and conditions as orthopedic, visual, speech and hearing
impairments, cerebral palsy, muscular dystrophy, and multiple sclerosis.
For the purposes of this subdivision, "mental impairment" means any
mental or psychological disorder such as [mental retardation] INTELLEC-
TUAL DISABILITIES, organic brain syndrome, emotional or mental illness,
and specific learning disabilities. For the purposes of this subdivi-
sion, "major life activities" means functions such as walking, seeing,
hearing and speaking. For the purposes of this subdivision, a record of
such an impairment shall be established by submission to the commission-
er of either:
§ 92. Subdivision d of section 15 of the New York city charter, as
added by section 1 of proposition 5 of section 1 of the general election
of the city of New York held in the year 2001 and paragraph 2 as amended
by local law number 22 of the city of New York for the year 2002, is
amended to read as follows:
d. 1. The city of New York recognizes that services for people suffer-
ing from [mental retardation] INTELLECTUAL DISABILITIES and develop-
mental disabilities are provided by programs administered within a
number of different city agencies, as well as by non-governmental enti-
ties. The city of New York further recognizes the need for coordination
and cooperation among city agencies and between city agencies and non-
governmental entities that provide such services.
2. There shall be [mental retardation] INTELLECTUAL DISABILITY and
developmental disability coordination within the office of operations.
In performing functions relating to such coordination, the office of
operations shall be authorized to: develop methods to: (i) improve the
coordination within and among city agencies that provide services to
people with [mental retardation] INTELLECTUAL DISABILITIES or develop-
mental disabilities, including but not limited to the department of
health and mental hygiene, the administration for children's services,
the human resources administration, department of youth and community
development, the department of juvenile justice, and the department of
employment, or the successors to such agencies, and the health and
hospitals corporation and the board of education; and (ii) facilitate
coordination between such agencies and non-governmental entities provid-
ing services to people with [mental retardation] INTELLECTUAL DISABILI-
S. 6793 55
TIES or developmental disabilities; review state and federal programs
and legislative proposals that may affect people with [mental retarda-
tion] INTELLECTUAL DISABILITIES or developmental disabilities and
provide information and advice to the mayor regarding the impact of such
programs or legislation; recommend legislative proposals or other initi-
atives that will benefit people with [mental retardation] INTELLECTUAL
DISABILITIES or developmental disabilities; and perform such other
duties and functions as the mayor may request to assist people with
[mental retardation] INTELLECTUAL DISABILITIES or developmental disabil-
ities and their family members.
§ 93. Section 550 of the New York city charter, as added by section 4
of proposition 5 of the general election of the city of New York held in
the year 2001, is amended to read as follows:
§ 550. Definitions. When used in this chapter: the term "mentally
disabled" shall mean those with mental illness, [mental retardation]
INTELLECTUAL DISABILITY, alcoholism, substance dependence or chemical
dependence as these terms are defined in section 1.03 of the mental
hygiene law; or any other mental illness or mental condition placed
under the jurisdiction of the department by the mayor; the term "provid-
er of services" shall mean an individual, association, corporation or
public or private agency which provides for the [mentally] INTELLECTUAL-
LY disabled; and the term "services for the [mentally] INTELLECTUALLY
disabled" shall mean examination, diagnosis, care, treatment, rehabili-
tation, training, education, research, preventive services, referral,
residential services or domiciliary care of or for the [mentally] INTEL-
LECTUALLY disabled, not specifically limited by any other law. Notwith-
standing the foregoing, planning and programs for persons with substance
dependence or chemical dependence shall be conducted by the department,
and the department may act as a "local agency" to conduct substance
abuse programs and seek reimbursement therefore pursuant to provisions
of the mental hygiene law relating to funding for substance abuse
services, as deemed appropriate by the commissioner in recognition of
the programs currently administered by the New York state office of
[alcoholism and substance abuse] ADDICTION services AND SUPPORTS or its
successor agency under article nineteen of the mental hygiene law.
§ 94. Subdivision a of section 551 of the New York city charter, as
amended by local law number 22 of the city of New York for the year
2002, is amended to read as follows:
a. There shall be a department of health and mental hygiene, the head
of which shall be the commissioner of health and mental hygiene who
shall be appointed by the mayor. The department shall have and exercise
all powers of a local health department set forth in law. Notwithstand-
ing any other provision of this charter to the contrary, the department
shall be a social services district for purposes of the administration
of health-related public assistance programs to the extent agreed upon
by the department, the department of social services and the department
of homeless services. Appropriations to the department for mental
health, [mental retardation] INTELLECTUAL DISABILITY and alcoholism
services shall be set forth in the expense budget in separate and
distinct units of appropriation. In determining the annual amount of
city funds to be appropriated by the city for mental health, [mental
retardation] INTELLECTUAL DISABILITY and alcoholism services, the
following provision shall apply: in the event that the executive budget
proposes a decrease in city funds measured against the budget for the
current fiscal year, as modified in accordance with section one hundred
seven, for the units of appropriation for mental health, [mental retar-
S. 6793 56
dation] INTELLECTUAL DISABILITY and alcoholism services, the executive
budget shall not propose a greater percentage decrease in city funds
measured against the budget for the current fiscal year, as modified in
accordance with section one hundred seven, for the units of appropri-
ation for mental health, [mental retardation] INTELLECTUAL DISABILITY
and alcoholism services than has been proposed for the units of appro-
priation for public health services. If, however, in his or her
discretion, the mayor determines that it is in the city's best interest
to submit an executive budget at variance with the requirements of this
provision, the mayor shall include an explanation of the basis for this
variation as part of the budget message.
§ 95. Section 552 of the New York city charter, as amended by section
6 of proposition 5 of the general election of the city of New York held
in the year 2001, is amended to read as follows:
§ 552. Deputy commissioners. The commissioner may appoint deputy
commissioners, one of whom shall have the same qualifications as the
commissioner. There shall be at least two executive deputy commission-
ers, one of whom shall have the qualifications established pursuant to
the mental hygiene law for a director of community services of a local
governmental unit, and shall be the director within the department of
the division of mental hygiene services. Such division shall be and
shall exercise the powers of a local governmental unit for purposes of
the mental hygiene law, and the executive deputy commissioner heading
such division shall have the powers of a director of community services
of a local governmental unit as set forth in or pursuant to such law,
and shall report directly to the commissioner. In the exercise of such
powers, such executive deputy commissioner shall coordinate the fiscal
and programmatic administration of contracts awarded by the department
for mental health, [mental retardation] INTELLECTUAL DISABILITY, and
alcoholism services.
§ 96. Paragraph 2 of subdivision a of section 555 of the New York city
charter, as added by section 9 of proposition 5 of the general election
of the city of New York held in the year 2001, is amended to read as
follows:
(2) At the conclusion of the second year following the establishment
of the department pursuant to this section, and again at the conclusion
of the fourth year following such establishment, the mayor's office of
operations shall conduct a review and submit a report to the mayor
comparing such periods with the period preceding such establishment with
regard to the department's delivery of mental health, [mental retarda-
tion] INTELLECTUAL DISABILITY and alcoholism and substance abuse
services, the access of consumers and their families to such services,
and the administration and oversight of contracts for the delivery of
such services.
§ 97. The opening paragraph of subdivision b of section 556 of the New
York city charter, as added by section 11 of proposition 5 of the gener-
al election of the city of New York held in the year 2001, is amended to
read as follows:
Except as otherwise provided by law, the department shall have juris-
diction to regulate all matters affecting health in the city of New York
and to perform all those functions and operations performed by the city
that relate to the health of the people of the city, including but not
limited to the mental health, [mental retardation] INTELLECTUAL DISABIL-
ITY, alcoholism and substance abuse-related needs of the people of the
city. The jurisdiction of the department shall include but not be limit-
ed to the following:
S. 6793 57
§ 98. Paragraphs 3 and 6 of subdivision b of section 556 of the New
York city charter, as added by section 11 of proposition 5 of the gener-
al election of the city of New York held in the year 2001, are amended
to read as follows:
(3) engage in short-range, intermediate-range and long-range mental
hygiene planning that reflects the entire array of city needs in the
areas of mental health, [mental retardation] INTELLECTUAL DISABILITY and
developmental disabilities and alcoholism and substance abuse services
within the department's jurisdiction;
(6) receive and expend funds made available for the purposes of
providing mental health, [mental retardation] INTELLECTUAL DISABILITY
and developmental disability and alcoholism and substance abuse related
services;
§ 99. Paragraph 1 of subdivision a of section 568 of the New York city
charter, as added by section 16 of proposition 5 of the general election
of the city of New York held in the year 2001, is amended to read as
follows:
(1) There shall be a mental hygiene advisory board which shall be
advisory to the commissioner and the deputy commissioner for mental
hygiene services in the development of community mental health, [mental
retardation] INTELLECTUAL DISABILITY, alcoholism and substance abuse
facilities and services and programs related thereto. The board shall
have separate subcommittees for mental health, for [mental retardation]
INTELLECTUAL DISABILITIES and developmental disabilities, and for alco-
holism and substance abuse. The board and its subcommittees shall be
constituted and their appointive members appointed and removed in the
manner prescribed for a community services board by the provisions of
the mental hygiene law. Pursuant to the provisions of such law, such
members may be reappointed without limitation on the number of consec-
utive terms which they may serve.
§ 100. This act shall take effect immediately; provided, however,
that:
(a) the amendments to subclause (iii) of clause (c) of subparagraph 4
of paragraph b of subdivision 1 of section 4402 of the education law
made by section nineteen of this act shall be subject to the expiration
and reversion of such clause pursuant to chapter 378 of the laws of
2007, as amended when upon such date the provisions of section twenty of
this act shall take effect;
(b) the amendments to section 41.40 of the mental hygiene law made by
section forty of this act shall not affect the expiration of such
section and shall be deemed to expire therewith; and
(c) the amendments to section 364-j of the social services law made by
section sixty-five of this act shall not affect the repeal of such
section and shall be deemed repealed therewith.
