Bill Text: NY S06793 | 2021-2022 | General Assembly | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Replaces the terms "mentally retarded", "mental retardation" and variants thereof with "intellectually disabled" and "intellectual disability".
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed - Dead) 2022-05-24 - referred to social services [S06793 Detail]
Download: New_York-2021-S06793-Introduced.html
Bill Title: Replaces the terms "mentally retarded", "mental retardation" and variants thereof with "intellectually disabled" and "intellectual disability".
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed - Dead) 2022-05-24 - referred to social services [S06793 Detail]
Download: New_York-2021-S06793-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 6793 2021-2022 Regular Sessions IN SENATE May 17, 2021 ___________ Introduced by Sen. KAMINSKY -- read twice and ordered printed, and when printed to be committed to the Committee on Disabilities AN ACT to amend the abandoned property law, the arts and cultural affairs law, the banking law, the county law, the criminal procedure law, the debtor and creditor law, the domestic relations law, the education law, the executive law, the family court act, the general construction law, the insurance law, the judiciary law, the legisla- tive law, the mental hygiene law, the public health law, the public lands law, the private housing finance law, the real property actions and proceedings law, the real property law, the real property tax law, the social services law, the tax law, the facilities development corporation act, the New York state medical care facilities finance agency act, the administrative code of the city of New York and the New York city charter, in relation to replacing the terms "mentally retarded" and "mental retardation" with "intellectually disabled" and "intellectual disability" The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 215 of the abandoned property law, as amended by 2 chapter 550 of the laws of 1978, is amended to read as follows: 3 § 215. Claims against state. Where an action has been commenced and 4 final judgment in favor of the people entered therein by reason of the 5 escheat of real property to the people and the said property has been 6 sold pursuant to section two hundred four, any party or parties thereto, 7 or their successors in interest, who, but for the rendering of such 8 final judgment would have been entitled to such real property, or an 9 interest therein, shall have a claim against the state for the value of 10 such real property or interest therein at the time of the entry of such 11 judgment, but no such claim shall exist in favor of such party or 12 parties or their successors in interest unless a petition therefor shall 13 have been filed as hereinafter provided within fifteen years from the EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD10921-02-1S. 6793 2 1 date of entry of such final judgment unless such party or parties to 2 such ejectment action shall have been, at the time of the commencement 3 of such action or entry of final judgment, incompetent to conduct his or 4 her affairs by reason of mental illness or [mental retardation] intel- 5 lectual disability or have been under the age of eighteen years, or be 6 imprisoned in execution upon conviction of a criminal offense, in which 7 event the period of such disability shall not be deemed to be a part of 8 the time limited within which such petition may be filed. Such party or 9 parties, or their successors in interest shall petition the commissioner 10 of general services for payment of the sum or a part thereof received by 11 the state, upon the sale made pursuant to section two hundred four, and 12 the said commissioner if satisfied that the claim is just and is made by 13 a party who, except for the entry of final judgment in an action author- 14 ized by section two hundred one would have been entitled to the real 15 property or an interest therein affected by said action, may certify 16 such facts to the court of claims, whereupon that court is empowered and 17 authorized to determine the amount of such claim or claims and award 18 judgment therefor, the total of which in no event shall exceed the 19 amount received by the people upon the sale of said real property pursu- 20 ant to section two hundred four. 21 § 2. Paragraph (d) of subdivision 1 of section 35.07 of the arts and 22 cultural affairs law is amended to read as follows: 23 (d) In any illegal, indecent, or immoral exhibition or practice; or in 24 the exhibition of any such child when mentally ill, [mentally retarded] 25 intellectually disabled, or when presenting the appearance of any 26 deformity or unnatural physical formation or development; or 27 § 3. Paragraph (a) of subdivision 3 of section 100 of the banking law, 28 as amended by chapter 115 of the laws of 1981, is amended to read as 29 follows: 30 (a) As guardian, receiver, trustee, committee or conservator of the 31 estate of any minor, mentally ill person, [mentally retarded] intellec- 32 tually disabled person, person of unsound mind, alcohol abuser or 33 conservatee or in any other fiduciary capacity; 34 § 4. Subdivision 3 of section 100-a of the banking law, as amended by 35 chapter 115 of the laws of 1981, is amended to read as follows: 36 3. Committee of incompetent or conservator of a conservatee. Any court 37 having jurisdiction to appoint a trustee, guardian, receiver, committee 38 of the estate of a mentally ill person, [mentally retarded] intellectu- 39 ally disabled person or alcohol abuser or conservator of the estate of a 40 conservatee, or to make any fiduciary appointment, may appoint any trust 41 company to be such trustee, guardian, receiver, committee or conserva- 42 tor, or to act in any other fiduciary capacity. 43 § 5. Subdivision 1 of section 707 of the county law, as added by chap- 44 ter 1 of the laws of 1995, is amended to read as follows: 45 1. Notwithstanding any other provision of law to the contrary, upon a 46 finding in an ex parte proceeding that expert services are reasonably 47 necessary for the prosecution of the case whether in connection with 48 issues relating to guilt or sentencing or that investigative services 49 relating to a separate sentencing proceeding or [mental retardation] 50 intellectual disability hearing pursuant to section 400.27 of the crimi- 51 nal procedure law are reasonably necessary, the trial court shall 52 authorize the payment of fees and expenses for such services. Upon a 53 finding that timely procurement of such services could not practicably 54 await prior authorization, the court may authorize the provision and 55 payment for such services nunc pro tunc.S. 6793 3 1 § 6. Paragraph (d) of subdivision 1 and the opening paragraph of 2 subdivision 2 of section 330.20 of the criminal procedure law, paragraph 3 (d) as amended by chapter 672 of the laws of 2019 and the opening para- 4 graph of subdivision 2 as amended by chapter 693 of the laws of 1989, 5 are amended to read as follows: 6 (d) "Mentally ill" means that a defendant currently suffers from a 7 mental illness for which care and treatment as a patient, in the in-pa- 8 tient services of a psychiatric center under the jurisdiction of the 9 state office of mental health, is essential to such defendant's welfare 10 and that his judgment is so impaired that he is unable to understand the 11 need for such care and treatment; and, where a defendant is [mentally12retarded] intellectually disabled, the term "mentally ill" shall also 13 mean, for purposes of this section, that the defendant is in need of 14 care and treatment as a resident in the in-patient services of a devel- 15 opmental center or other residential facility for the [mentally16retarded] intellectually disabled and developmentally disabled under the 17 jurisdiction of the state office for people with developmental disabili- 18 ties. 19 Upon entry of a verdict of not responsible by reason of mental disease 20 or defect, or upon the acceptance of a plea of not responsible by reason 21 of mental disease or defect, the court must immediately issue an exam- 22 ination order. Upon receipt of such order, the commissioner must desig- 23 nate two qualified psychiatric examiners to conduct the examination to 24 examine the defendant. In conducting their examination, the psychiatric 25 examiners may employ any method which is accepted by the medical profes- 26 sion for the examination of persons alleged to be suffering from a 27 dangerous mental disorder or to be mentally ill or [retarded] intellec- 28 tually disabled. The court may authorize a psychiatrist or psychologist 29 retained by a defendant to be present at such examination. The clerk of 30 the court must promptly forward a copy of the examination order to the 31 mental hygiene legal service and such service may thereafter participate 32 in all subsequent proceedings under this section. 33 § 7. Paragraph (b) of subdivision 9, paragraphs (a), (b), (c), (d), 34 (e) and (f) of subdivision 12, paragraphs (a) and (c) of subdivision 13 35 and the opening paragraph of paragraph (a) and paragraph (c) of subdivi- 36 sion 14 of section 400.27 of the criminal procedure law, paragraph (b) 37 of subdivision 9, paragraphs (a), (b), (c), (d), (e) and (f) of subdivi- 38 sion 12 and paragraph (a) of subdivision 13 as added by chapter 1 of the 39 laws of 1995, paragraph (c) of subdivision 13 as amended by chapter 230 40 of the laws of 2004 and the opening paragraph of paragraph (a) and para- 41 graph (c) of subdivision 14 as amended by section 9 of part LLL of chap- 42 ter 59 of the laws of 2019, are amended to read as follows: 43 (b) The defendant was [mentally retarded] intellectually disabled at 44 the time of the crime, or the defendant's mental capacity was impaired 45 or his ability to conform his conduct to the requirements of law was 46 impaired but not so impaired in either case as to constitute a defense 47 to prosecution; 48 (a) Upon the conviction of a defendant for the offense of murder in 49 the first degree as defined in section 125.27 of the penal law, the 50 court shall, upon oral or written motion of the defendant based upon a 51 showing that there is reasonable cause to believe that the defendant is 52 [mentally retarded] intellectually disabled, promptly conduct a hearing 53 without a jury to determine whether the defendant is [mentally retarded] 54 intellectually disabled. Upon the consent of both parties, such a hear- 55 ing, or a portion thereof, may be conducted by the court contemporane- 56 ously with the separate sentencing proceeding in the presence of theS. 6793 4 1 sentencing jury, which in no event shall be the trier of fact with 2 respect to the hearing. At such hearing the defendant has the burden of 3 proof by a preponderance of the evidence that he or she is [mentally4retarded] intellectually disabled. The court shall defer rendering any 5 finding pursuant to this subdivision as to whether the defendant is 6 [mentally retarded] intellectually disabled until a sentence is imposed 7 pursuant to this section. 8 (b) In the event the defendant is sentenced pursuant to this section 9 to life imprisonment without parole or to a term of imprisonment for the 10 class A-I felony of murder in the first degree other than a sentence of 11 life imprisonment without parole, the court shall not render a finding 12 with respect to whether the defendant is [mentally retarded] intellectu- 13 ally disabled. 14 (c) In the event the defendant is sentenced pursuant to this section 15 to death, the court shall thereupon render a finding with respect to 16 whether the defendant is [mentally retarded] intellectually disabled. If 17 the court finds the defendant is [mentally retarded] intellectually 18 disabled, the court shall set aside the sentence of death and sentence 19 the defendant either to life imprisonment without parole or to a term of 20 imprisonment for the class A-I felony of murder in the first degree 21 other than a sentence of life imprisonment without parole. If the court 22 finds the defendant is not [mentally retarded] intellectually disabled, 23 then such sentence of death shall not be set aside pursuant to this 24 subdivision. 25 (d) In the event that a defendant is convicted of murder in the first 26 degree pursuant to subparagraph (iii) of paragraph (a) of subdivision 27 one of section 125.27 of the penal law, and the killing occurred while 28 the defendant was confined or under custody in a state correctional 29 facility or local correctional institution, and a sentence of death is 30 imposed, such sentence may not be set aside pursuant to this subdivision 31 upon the ground that the defendant is [mentally retarded] intellectually 32 disabled. Nothing in this paragraph or paragraph (a) of this subdivision 33 shall preclude a defendant from presenting mitigating evidence of 34 [mental retardation] intellectual disability at the separate sentencing 35 proceeding. 36 (e) The foregoing provisions of this subdivision notwithstanding, at a 37 reasonable time prior to the commencement of trial the defendant may, 38 upon a written motion alleging reasonable cause to believe the defendant 39 is [mentally retarded] intellectually disabled, apply for an order 40 directing that [a mental retardation] an intellectual disability hearing 41 be conducted prior to trial. If, upon review of the defendant's motion 42 and any response thereto, the court finds reasonable cause to believe 43 the defendant is [mentally retarded] intellectually disabled, it shall 44 promptly conduct a hearing without a jury to determine whether the 45 defendant is [mentally retarded] intellectually disabled. In the event 46 the court finds after the hearing that the defendant is not [mentally47retarded] intellectually disabled, the court must, prior to commencement 48 of trial, enter an order so stating, but nothing in this paragraph shall 49 preclude a defendant from presenting mitigating evidence of [mental50retardation] intellectual disability at a separate sentencing proceed- 51 ing. In the event the court finds after the hearing that the defendant, 52 based upon a preponderance of the evidence, is [mentally retarded] 53 intellectually disabled, the court must, prior to commencement of trial, 54 enter an order so stating. Unless the order is reversed on an appeal by 55 the people or unless the provisions of paragraph (d) of this subdivision 56 apply, a separate sentencing proceeding under this section shall not beS. 6793 5 1 conducted if the defendant is thereafter convicted of murder in the 2 first degree. In the event a separate sentencing proceeding is not 3 conducted, the court, upon conviction of a defendant for the crime of 4 murder in the first degree, shall sentence the defendant to life impri- 5 sonment without parole or to a sentence of imprisonment for the class 6 A-I felony of murder in the first degree other than a sentence of life 7 imprisonment without parole. Whenever [a mental retardation] an intel- 8 lectual disability hearing is held and a finding is rendered pursuant to 9 this paragraph, the court may not conduct a hearing pursuant to para- 10 graph (a) of this subdivision. For purposes of this subdivision and 11 paragraph (b) of subdivision nine of this section, ["mental retarda-12tion"] "intellectual disability" means significantly subaverage general 13 intellectual functioning existing concurrently with deficits in adaptive 14 behavior which were manifested before the age of eighteen. 15 (f) In the event the court enters an order pursuant to paragraph (e) 16 of this subdivision finding that the defendant is [mentally retarded] 17 intellectually disabled, the people may appeal as of right from the 18 order pursuant to subdivision ten of section 450.20 of this chapter. 19 Upon entering such an order the court must afford the people a reason- 20 able period of time, which shall not be less than ten days, to determine 21 whether to take an appeal from the order finding that the defendant is 22 [mentally retarded] intellectually disabled. The taking of an appeal by 23 the people stays the effectiveness of the court's order and any order 24 fixing a date for trial. Within six months of the effective date of this 25 subdivision, the court of appeals shall adopt rules to ensure that 26 appeals pursuant to this paragraph are expeditiously perfected, reviewed 27 and determined so that pretrial delays are minimized. Prior to adoption 28 of the rules, the court of appeals shall issue proposed rules and 29 receive written comments thereon from interested parties. 30 (a) As used in this subdivision, the term "psychiatric evidence" means 31 evidence of mental disease, defect or condition in connection with 32 either a mitigating factor defined in this section or [a mental retarda-33tion] an intellectual disability hearing pursuant to this section to be 34 offered by a psychiatrist, psychologist or other person who has received 35 training, or education, or has experience relating to the identifica- 36 tion, diagnosis, treatment or evaluation of mental disease, mental 37 defect or mental condition. 38 (c) When a defendant serves notice pursuant to this subdivision, the 39 district attorney may make application, upon notice to the defendant, 40 for an order directing that the defendant submit to an examination by a 41 psychiatrist, licensed psychologist, or licensed clinical social worker 42 designated by the district attorney, for the purpose of rebutting 43 evidence offered by the defendant with respect to a mental disease, 44 defect, or condition in connection with either a mitigating factor 45 defined in this section, including whether the defendant was acting 46 under duress, was mentally or emotionally disturbed or [mentally47retarded] intellectually disabled, or was under the influence of alcohol 48 or any drug. If the application is granted, the district attorney shall 49 schedule a time and place for the examination, which shall be recorded. 50 Counsel for the people and the defendant shall have the right to be 51 present at the examination. A transcript of the examination shall be 52 made available to the defendant and the district attorney promptly after 53 its conclusion. The district attorney shall promptly serve on the 54 defendant a written copy of the findings and evaluation of the examiner. 55 If the court finds that the defendant has wilfully refused to cooperate 56 fully in an examination pursuant to this paragraph, it shall, uponS. 6793 6 1 request of the district attorney, instruct the jury that the defendant 2 did not submit to or cooperate fully in such psychiatric examination. 3 When a defendant is subjected to an examination pursuant to an order 4 issued in accordance with this subdivision, any statement made by the 5 defendant for the purpose of the examination shall be inadmissible in 6 evidence against him in any criminal action or proceeding on any issue 7 other than that of whether a mitigating factor has been established or 8 whether the defendant is [mentally retarded] intellectually disabled, 9 but such statement is admissible upon such an issue whether or not it 10 would otherwise be deemed a privileged communication. 11 At a reasonable time prior to the sentencing proceeding or [a mental12retardation] an intellectual disability hearing: 13 (c) If, after complying with the provisions of this section or an 14 order pursuant thereto, a party finds either before or during a sentenc- 15 ing proceeding or [mental retardation] intellectual disability hearing, 16 additional material subject to discovery or covered by court order, the 17 party shall promptly make disclosure or apply for a protective order. 18 § 8. Subdivision 10 of section 450.20 of the criminal procedure law, 19 as added by chapter 1 of the laws of 1995, is amended to read as 20 follows: 21 10. An order, entered pursuant to paragraph (e) of subdivision twelve 22 of section 400.27, finding that the defendant is [mentally retarded] 23 intellectually disabled. 24 § 9. Section 251 of the debtor and creditor law, as amended by chapter 25 115 of the laws of 1981, is amended to read as follows: 26 § 251. Authority for committee or conservator to compromise claims. A 27 court exercising jurisdiction over the property of a mentally ill 28 person, [mentally retarded] intellectually disabled person, alcohol 29 abuser or conservatee may, upon the application of the committee of the 30 property of such incompetent person or the conservator of the conserva- 31 tee, and for good and sufficient cause shown, and upon such terms as it 32 may direct, authorize the committee or conservator to sell, compromise 33 or compound any claim or debt belonging to the estate of the incompetent 34 person or conservatee. But such authority shall not prevent any party 35 interested in the trust estate, from showing upon the final accounting 36 of such committee or conservator that such debt or claim was fraudu- 37 lently or negligently sold, compounded or compromised. The sale of any 38 debt or claim heretofore made in good faith by any such committee or 39 conservator, shall be valid, subject, however, to the approval of the 40 court, and the committee or conservator shall be charged with and liable 41 for, as a part of the trust fund, any sum which might or ought to have 42 been collected by him. 43 § 10. Section 252 of the debtor and creditor law, as amended by chap- 44 ter 115 of the laws of 1981, is amended to read as follows: 45 § 252. Payment by committee or conservator of claims. A committee of 46 the property of a person, incompetent by reason of mental illness, 47 [mental retardation] intellectual disability or alcohol abuse, to manage 48 his affairs, or a conservator of the property of a conservatee, may, 49 under direction of the court exercising jurisdiction of such estate, 50 after payment of the expenses, disbursements and commissions of such 51 trust, apply so much of the funds and property of said estate remaining 52 in his hands as such committee or conservator, as may be necessary to 53 pay and discharge the proper claims of creditors who have presented 54 claims pursuant to the notice in this article provided for, to the 55 payment of such claims, and if the property so remaining be insufficient 56 to pay such claims in full, then the committee or conservator mayS. 6793 7 1 distribute the same according to law among the creditors who have 2 presented and proved their claims as in this article provided, and such 3 payment, when so made in good faith and under direction of such court, 4 shall relieve such committee or conservator and his sureties from 5 liability to creditors who have failed to present their claims as in 6 this article provided. 7 § 11. The third undesignated paragraph of subdivision 1 of section 8 13-d of the domestic relations law, as added by chapter 371 of the laws 9 of 1986, is amended to read as follows: 10 Rubella infection poses a grave threat to the unborn child, especially 11 during the first four months of pregnancy. It can lead to miscarriage, 12 stillbirth, or one or all of the tragic defects such as deafness, blind- 13 ness, crippling congenital heart disease, [mental retardation] intellec- 14 tual disability and muscular and bone defects. 15 § 12. Subdivision 5 of section 115 of the domestic relations law, as 16 amended by chapter 305 of the laws of 2008, is amended to read as 17 follows: 18 5. Where the petition alleges that either or both of the birth parents 19 of the child have been deprived of civil rights or are mentally ill or 20 [mentally retarded] intellectually disabled, proof shall be submitted 21 that such disability exists at the time of the proposed adoption. 22 § 13. Subdivision c of section 140 of the domestic relations law, as 23 amended by chapter 550 of the laws of 1978, is amended to read as 24 follows: 25 (c) Party [a mentally retarded] an intellectually disabled person or 26 mentally ill person. An action to annul a marriage on the ground that 27 one of the parties thereto was [a mentally retarded] an intellectually 28 disabled person may be maintained at any time during the life-time of 29 either party by any relative of [a mentally retarded] an intellectually 30 disabled person, who has an interest to avoid the marriage. An action 31 to annul a marriage on the ground that one of the parties thereto was a 32 mentally ill person may be maintained at any time during the continuance 33 of the mental illness, or, after the death of the mentally ill person in 34 that condition, and during the life of the other party to the marriage, 35 by any relative of the mentally ill person who has an interest to avoid 36 the marriage. Such an action may also be maintained by the mentally ill 37 person at any time after restoration to a sound mind; but in that case, 38 the marriage should not be annulled if it appears that the parties free- 39 ly cohabited as husband and wife after the mentally ill person was 40 restored to a sound mind. Where one of the parties to a marriage was a 41 mentally ill person at the time of the marriage, an action may also be 42 maintained by the other party at any time during the continuance of the 43 mental illness, provided the plaintiff did not know of the mental 44 illness at the time of the marriage. Where no relative of the [mentally45retarded] intellectually disabled person or mentally ill person brings 46 an action to annul the marriage and the mentally ill person is not 47 restored to sound mind, the court may allow an action for that purpose 48 to be maintained at any time during the life-time of both the parties to 49 the marriage, by any person as the next friend of the [mentally50retarded] intellectually disabled person or mentally ill person. 51 § 14. Section 142 of the domestic relations law, as amended by chapter 52 550 of the laws of 1978, is amended to read as follows: 53 § 142. Dismissal of complaint in action by next friend to annul a 54 marriage. Where the next friend of an infant, [mentally retarded] intel- 55 lectually disabled person or mentally ill person maintains an action 56 annulling a marriage, the court may dismiss the complaint if justice soS. 6793 8 1 requires, although, in a like case, the party to the marriage, if plain- 2 tiff, would be entitled to judgment. 3 § 15. Paragraph (g) of subdivision 1 of section 414 of the education 4 law, as amended by chapter 257 of the laws of 1976, is amended to read 5 as follows: 6 (g) For classes of instruction for [mentally retarded] intellectually 7 disabled minors operated by a private organization approved by the 8 commissioner of education. 9 § 16. The section heading and subdivisions 1, 2 and 3 of section 10 1004-a of the education law, the section heading and subdivisions 1 and 11 3 as amended by chapter 1014 of the laws of 1974 and subdivision 2 as 12 separately amended by chapters 474 and 475 of the laws of 1978, are 13 amended to read as follows: 14 Sheltered workshops for the [mentally retarded] intellectually disa- 15 bled, mentally ill and severely physically handicapped. 1. Declaration 16 of purpose. The conditions of [mental retardation] intellectual disa- 17 bility, mental illness and severe physical handicap are such that many 18 young people, after laborious training in the schools and otherwise, 19 reach the point in their lives where they can and should, under proper 20 and continued guidance, engage in sheltered employment. The effects of 21 such employment are salutary in many ways. The affected individual is 22 helped to become a contributing member of society. The state is saved 23 the expense of his institutionalization in already overcrowded state 24 schools and facilities. The family retains closer contact with him and 25 is spared the anxieties naturally attaching to separation and institu- 26 tionalization. All of these factors have also been shown to reflect 27 tangible benefit upon the [mentally retarded] intellectually disabled, 28 mentally ill and severely physically handicapped person in improving his 29 overall condition. The purpose of this measure is to specifically 30 encourage the development, improvement and expansion of such sheltered 31 employment facilities by non-profit agencies, so that the salutary 32 effects mentioned can be expediently accomplished. 33 2. Special provisions relating to [mentally retarded] intellectually 34 disabled, mentally ill and severely physically handicapped persons in 35 extended sheltered employment in workshops. Notwithstanding any other 36 provision of this article, when it shall appear to the satisfaction of 37 the department that a [mentally retarded] intellectually disabled, 38 mentally ill or severely physically handicapped person over the chrono- 39 logical age of seventeen years can reasonably be expected to benefit 40 from, or in his best interests reasonably requires extended sheltered 41 employment in a workshop as defined in section ten hundred two, subdivi- 42 sion eight of article twenty-one of this chapter, furnished by an 43 approved non-profit organization, the department is authorized to 44 contract with such organization for the furnishing of such sheltered 45 employment to such [mentally retarded] intellectually disabled, mentally 46 ill or severely physically handicapped person; and the department is 47 further authorized to expend for such purpose a sum or sums not less 48 than one thousand five hundred dollars per annum for each such [mentally49retarded] intellectually disabled, mentally ill or severely physically 50 handicapped person, for or towards the cost of providing such sheltered 51 employment for each such [mentally retarded] intellectually disabled, 52 mentally ill or severely physically handicapped person. 53 The department shall pay at least quarterly during the state fiscal 54 year such sums as are authorized to such organizations for such shel- 55 tered employment immediately upon the completion of evaluation and 56 personal adjustment services under the sponsorship of the department.S. 6793 9 1 3. The department shall maintain a register of such nonprofit organ- 2 izations which, after inspection of the facilities for sheltered employ- 3 ment provided by them, it deems qualified to meet the needs of such 4 [mentally retarded] intellectually disabled, mentally ill and severely 5 physically handicapped persons. Such inspection shall also determine the 6 eligibility of such organization to receive the funds hereinbefore spec- 7 ified. 8 § 17. Subdivision 8-a of section 1950 of the education law, as added 9 by chapter 762 of the laws of 1972, is amended to read as follows: 10 8-a. Notwithstanding any other provision of this section and with the 11 consent of the commissioner, the city school district of the city of 12 Syracuse may, upon consent of the board of cooperative educational 13 services for the sole supervisory district for Onondaga and Madison 14 counties, be included as a component district for the sole purpose of 15 operating a combined program and/or constructing a combined facility for 16 the trainable [mentally retarded] intellectually disabled children in 17 the city of Syracuse and the county of Onondaga. Such city school 18 district shall add an amount to its budget and levy, collect and pay the 19 same to such board of cooperative educational services to defray the 20 proportional expenses of constructing and operating such facility for 21 such children. Such city school district shall not be liable for payment 22 of administrative expenses as provided for in paragraph b of subdivision 23 four of this section nor shall such city school district be eligible for 24 the payment of state aid under this section except such city school 25 district shall receive state aid based on its proportionate share of 26 building expenses related to this program as determined by the commis- 27 sioner. 28 § 18. Paragraphs a, b, and c, and subparagraphs 1, 8 and 13 of para- 29 graph d of subdivision 5 of section 3202 of the education law, paragraph 30 a as added by chapter 47 of the laws of 1977 and as renumbered by chap- 31 ter 563 of the laws of 1980, paragraph b as amended by section 26 of 32 part B of chapter 57 of the laws of 2007, paragraph c and subparagraphs 33 1 and 13 of paragraph d as amended by chapter 672 of the laws of 2019, 34 and subparagraph 8 of paragraph d as added by chapter 721 of the laws of 35 1979 and as renumbered by chapter 57 of the laws of 1993, are amended to 36 read as follows: 37 a. Children who reside in a school for the [mentally retarded] intel- 38 lectually disabled operated by the department of mental hygiene and for 39 whom the department has assumed responsibility for support and mainte- 40 nance prior to July one, nineteen hundred seventy-seven and who are 41 placed in a family home at board, a duly incorporated orphan asylum or 42 other institution for the care, custody and treatment of children shall 43 be admitted to the schools of the school district in which such family 44 home or institution is located. The education department is authorized 45 to reimburse each school district furnishing educational services to 46 such children for the direct cost of such services in accordance with 47 regulations promulgated by the commissioner and approved by the director 48 of the budget. The educational costs for these children shall not be 49 otherwise aidable or reimbursable. 50 b. Children who reside in a school for the [mentally retarded] intel- 51 lectually disabled operated by the department of mental hygiene and for 52 whose support and maintenance the department assumes responsibility on 53 or after July one, nineteen hundred seventy-seven and who are thereafter 54 placed in a family home at board, a duly incorporated orphan asylum or 55 other institution for the care, custody and treatment of children shall 56 be admitted to the schools of the school district in which such familyS. 6793 10 1 home or institution is located. The education department is authorized 2 to reimburse each school district furnishing educational services to 3 such children for the direct cost of such services in accordance with 4 regulations promulgated by the commissioner and approved by the director 5 of the budget. The educational costs for these children shall not be 6 otherwise aidable or reimbursable. The school district in which the 7 child resided at the time the department of mental hygiene assumed 8 responsibility for the support and maintenance of such child shall reim- 9 burse the education department for its expenditure on behalf of such 10 child in an amount equal to the school district basic contribution, as 11 such term is defined in subdivision eight of section four thousand four 12 hundred one of this chapter. The comptroller may deduct from any state 13 funds which become due to a school district an amount equal to the 14 reimbursement required to be made by such school district in accordance 15 with this paragraph, and the amount so deducted shall not be included in 16 the operating expense of such district for the purpose of computing the 17 approved operating expense pursuant to paragraph t of subdivision one of 18 section thirty-six hundred two of this chapter. The department of mental 19 hygiene shall notify the education department of the name of the child, 20 the location of the family home or institution where the child is to be 21 placed and the name of the school district in which such child resided 22 at the time the department of mental hygiene assumed responsibility for 23 his or her support and maintenance. 24 c. (1) The education department is authorized to reimburse each school 25 district furnishing educational services to children residing in schools 26 for the [mentally retarded] intellectually disabled operated by the 27 office for people with developmental disabilities for the direct cost of 28 such services in accordance with regulations promulgated by the commis- 29 sioner and approved by the director of the budget. 30 (2) The school district in which each such child resided at the time 31 the office for people with developmental disabilities assumed responsi- 32 bility for the support and maintenance of such child shall reimburse the 33 education department for its expenditures on behalf of such child, in an 34 amount equal to the school district basic contribution as such term is 35 defined in subdivision eight of section forty-four hundred one of this 36 chapter, for any such child admitted to a state school for the 37 [retarded] intellectually disabled on or after July first, nineteen 38 hundred seventy-eight. The comptroller may deduct from any state funds 39 which become due to a school district an amount equal to the reimburse- 40 ment required to be made by such school district in accordance with this 41 paragraph and the amount so deducted shall not be included in the 42 approved operating expense of such district for the purpose of computing 43 the approved operating expenses pursuant to paragraph t of subdivision 44 one of section thirty-six hundred two of this chapter. 45 (1) Children who reside in an intermediate care facility for the 46 [mentally retarded] intellectually disabled, other than a state operated 47 school for the [mentally retarded] intellectually disabled, as defined 48 in regulations of the office for people with developmental disabilities, 49 shall be admitted to the public schools, except as otherwise provided in 50 subparagraph fourteen of this paragraph. The trustees or board of 51 education of the school district in which such facility is located shall 52 receive such children in the school or schools of the district for 53 instruction and for the provision of necessary related services for a 54 compensation to be fixed by the trustees or board of education, unless 55 such trustees or board of education shall establish to the satisfaction 56 of the commissioner of education that there are valid and sufficientS. 6793 11 1 reasons for refusal to receive such children. Evaluation of the educa- 2 tional needs of such children and placement in appropriate educational 3 programs shall be made in accordance with article eighty-nine of this 4 chapter. 5 (8) A board of education of a school district which receives notifica- 6 tion that a child has been placed in an intermediate care facility for 7 the [mentally retarded] intellectually disabled may deny financial 8 responsibility for any child by written notice within twenty days of 9 such notification to the school district furnishing instruction and the 10 intermediate care facility. 11 (13) The school district providing educational services to children 12 placed pursuant to this paragraph shall provide a report on the status 13 of each such child with a handicapping condition annually to the commit- 14 tee on special education of the school district in which the child 15 resided at the time of admission to the intermediate care facility for 16 the [mentally retarded] intellectually disabled. Such report shall also 17 be sent to the parent or guardian of the child and the office for people 18 with developmental disabilities. 19 § 19. Subclause (iii) of clause (c) of subparagraph 4 of paragraph b 20 of subdivision 1 of section 4402 of the education law, as amended by 21 chapter 378 of the laws of 2007, is amended to read as follows: 22 (iii) where neither such agency exists in the locality, either the 23 area developmental disabilities services office, where the primary 24 reason the child is at risk of placement relates to [mental retardation] 25 intellectual disability or a developmental disability, or the local 26 mental health agency, where the primary reason the child is at risk of 27 placement relates to any other mental disability. 28 § 20. Subclause (iii) of clause (c) of subparagraph 4 of paragraph b 29 of subdivision 1 of section 4402 of the education law, as amended by 30 chapter 600 of the laws of 1994, is amended to read as follows: 31 (iii) where neither such agency exists in the locality, either the 32 area developmental disabilities services office, where the primary 33 reason the child is at risk of placement relates to [mental retardation] 34 intellectual disability or a developmental disability, or the local 35 mental health agency, where the primary reason the child is at risk of 36 placement relates to any other mental disability. 37 § 21. Subdivision 4 of section 4403 of the education law, as amended 38 by chapter 53 of the laws of 1986, is amended to read as follows: 39 4. To periodically inspect, report on the adequacy of and make recom- 40 mendations concerning instructional programs or special services for all 41 children with handicapping conditions who reside in or attend any state 42 operated or state financed social service facilities, youth facilities, 43 health facilities, mental health, [mental retardation] intellectual 44 disability and developmental disabilities facilities or state correc- 45 tional facilities. 46 § 22. Section 4809 of the education law, as amended by chapter 550 of 47 the laws of 1978, is amended to read as follows: 48 § 4809. Transfer of pupils. The board of managers shall have full 49 power to transfer to other institutions any child committed by a court 50 found to be incorrigible, not amenable to proper discipline and training 51 of the school, or [mentally retarded] intellectually disabled, in the 52 manner and by the methods prescribed and set forth in the penal law. 53 § 23. Paragraph a of subdivision 3 of section 6507 of the education 54 law, as amended by chapter 672 of the laws of 2019, is amended to read 55 as follows:S. 6793 12 1 a. Establish standards for preprofessional and professional education, 2 experience and licensing examinations as required to implement the arti- 3 cle for each profession. Notwithstanding any other provision of law, the 4 commissioner shall establish standards requiring that all persons apply- 5 ing, on or after January first, nineteen hundred ninety-one, initially, 6 or for the renewal of, a license, registration or limited permit to be a 7 physician, chiropractor, dentist, registered nurse, podiatrist, optome- 8 trist, psychiatrist, psychologist, licensed master social worker, 9 licensed clinical social worker, licensed creative arts therapist, 10 licensed marriage and family therapist, licensed mental health counse- 11 lor, licensed psychoanalyst, dental hygienist, licensed behavior 12 analyst, or certified behavior analyst assistant shall, in addition to 13 all the other licensure, certification or permit requirements, have 14 completed two hours of coursework or training regarding the identifica- 15 tion and reporting of child abuse and maltreatment. The coursework or 16 training shall be obtained from an institution or provider which has 17 been approved by the department to provide such coursework or training. 18 The coursework or training shall include information regarding the phys- 19 ical and behavioral indicators of child abuse and maltreatment and the 20 statutory reporting requirements set out in sections four hundred thir- 21 teen through four hundred twenty of the social services law, including 22 but not limited to, when and how a report must be made, what other 23 actions the reporter is mandated or authorized to take, the legal 24 protections afforded reporters, and the consequences for failing to 25 report. Such coursework or training may also include information regard- 26 ing the physical and behavioral indicators of the abuse of individuals 27 with [mental retardation] an intellectual disability and other develop- 28 mental disabilities and voluntary reporting of abused or neglected 29 adults to the office for people with developmental disabilities or the 30 local adult protective services unit. Each applicant shall provide the 31 department with documentation showing that he or she has completed the 32 required training. The department shall provide an exemption from the 33 child abuse and maltreatment training requirements to any applicant who 34 requests such an exemption and who shows, to the department's satisfac- 35 tion, that there would be no need because of the nature of his or her 36 practice for him or her to complete such training; 37 § 24. Subparagraph (i) of paragraph (a) of subdivision 1 of section 38 509 of the executive law, as added by chapter 659 of the laws of 1977 39 and renumbered by chapter 465 of the laws of 1992, is amended to read as 40 follows: 41 (i) that such child is mentally ill or [mentally retarded] intellectu- 42 ally disabled and will substantially benefit from care and treatment in 43 such a state school or hospital; and 44 § 25. Subdivision (b) of section 115 of the family court act, as 45 amended by chapter 281 of the laws of 1980, is amended to read as 46 follows: 47 (b) The family court has such other jurisdiction as is set forth in 48 this act, including jurisdiction over habeas corpus proceedings and over 49 applications for support, maintenance, a distribution of marital proper- 50 ty and custody in matrimonial actions when referred to the family court 51 by the supreme court, conciliation proceedings, and proceedings concern- 52 ing physically handicapped and [mentally defective or retarded] intel- 53 lectually disabled children. 54 § 26. Section 28 of the general construction law, as amended by chap- 55 ter 550 of the laws of 1978, is amended to read as follows:S. 6793 13 1 § 28. Lunatic, mentally ill person, lunacy and mental illness. The 2 terms lunatic, mentally ill person, lunacy and mental illness include 3 every kind of unsoundness of mind except idiocy or [mental retardation] 4 intellectual disability. 5 § 27. Item (i) of subparagraph (A) of paragraph 4 of subsection (a) of 6 section 3216 of the insurance law, as amended by chapter 219 of the laws 7 of 2011, is amended to read as follows: 8 (i) Any unmarried dependent child, regardless of age, who is incapable 9 of self-sustaining employment by reason of mental illness, developmental 10 disability, or [mental retardation] intellectual disability as defined 11 in the mental hygiene law, or physical handicap and who became so inca- 12 pable prior to the age at which dependent coverage would otherwise 13 terminate, shall be included in coverage subject to any pre-existing 14 conditions limitation applicable to other dependents; or 15 § 28. Subparagraph (A) of paragraph 4 and subparagraph (B) of para- 16 graph 5 of subsection (c) of section 3216 of the insurance law, subpara- 17 graph (A) of paragraph 4 as amended by chapter 93 of the laws of 1989 18 and subparagraph (B) of subdivision 5 as amended by section 46-b of part 19 D of chapter 56 of the laws of 2013, are amended to read as follows: 20 (A) Coverage of an unmarried dependent child who is incapable of self- 21 sustaining employment by reason of mental illness, developmental disa- 22 bility, or [mental retardation] intellectual disability, as defined in 23 the mental hygiene law, or physical handicap and who became so incapable 24 prior to attainment of the age at which dependent coverage would other- 25 wise terminate and who is chiefly dependent upon such policyholder for 26 support and maintenance, shall not terminate while the policy remains in 27 force and the dependent remains in such condition, if the policyholder 28 has within thirty-one days of such dependent's attainment of the limit- 29 ing age submitted proof of such dependent's incapacity as described 30 herein. 31 (B) Written notice of entitlement to a conversion policy shall be 32 given by the insurer to the policyholder at least fifteen and not more 33 than sixty days prior to the termination of coverage due to the initial 34 limiting age of the covered dependent. Such notice shall include an 35 explanation of the rights of the dependent with respect to the dependent 36 being enrolled in an accredited institution of learning or his incapaci- 37 ty for self-sustaining employment by reason of mental illness, develop- 38 mental disability or [mental retardation] intellectual disability as 39 defined in the mental hygiene law or physical handicap. 40 § 29. Item (ii) of subparagraph (A) of paragraph 1 of subsection (f) 41 of section 4235 of the insurance law, as amended by chapter 219 of the 42 laws of 2011, is amended to read as follows: 43 (ii) a policy under which coverage terminates at a specified age shall 44 not so terminate with respect to an unmarried child who is incapable of 45 self-sustaining employment by reason of mental illness, developmental 46 disability, [mental retardation] intellectual disability, as defined in 47 the mental hygiene law, or physical handicap and who became so incapable 48 prior to attainment of the age at which coverage would otherwise termi- 49 nate and who is chiefly dependent upon such employee or member for 50 support and maintenance, while the insurance of the employee or member 51 remains in force and the child remains in such condition, if the insured 52 employee or member has within thirty-one days of such child's attainment 53 of the termination age submitted proof of such child's incapacity as 54 described herein.S. 6793 14 1 § 30. Item (ii) of subparagraph (A) of paragraph 1 and paragraph 3 of 2 subsection (d) of section 4304 of the insurance law, as amended by chap- 3 ter 219 of the laws of 2011, are amended to read as follows: 4 (ii) The coverage of any such "family contract" shall include any 5 other unmarried child, regardless of age, who is incapable of self-sus- 6 taining employment by reason of mental illness, developmental disabili- 7 ty, [mental retardation] intellectual disability, as defined in the 8 mental hygiene law, or physical handicap and who became so incapable 9 prior to attainment of the age at which coverage would otherwise termi- 10 nate. 11 (3) Coverage of an unmarried dependent child who is incapable of self- 12 sustaining employment by reason of mental illness, developmental disa- 13 bility or [mental retardation] intellectual disability, as defined in 14 the mental hygiene law, or physical handicap and who became so incapable 15 prior to attainment of the age at which coverage would otherwise termi- 16 nate and who is chiefly dependent upon the contract holder for support 17 and maintenance, shall not terminate while the contract remains in force 18 and the child remains in such condition, if the contract holder has 19 within thirty-one days of such child's attainment of the limiting age 20 submitted proof of such child's incapacity as described herein. 21 § 31. Item (ii) of subparagraph (A) of paragraph 1 of subsection (c) 22 of section 4305 of the insurance law, as amended by chapter 219 of the 23 laws of 2011, is amended to read as follows: 24 (ii) a contract under which coverage terminates at a specified age 25 shall, with respect to an unmarried child who is incapable of self-sus- 26 taining employment by reason of mental illness, developmental disabili- 27 ty, [mental retardation] intellectual disability, as defined in the 28 mental hygiene law, or physical handicap and who became so incapable 29 prior to attainment of the age at which coverage would otherwise termi- 30 nate and who is chiefly dependent upon such member for support and main- 31 tenance, not so terminate while the contract remains in force and the 32 child remains in such condition, if the member has within thirty-one 33 days of such child's attainment of the termination age submitted proof 34 of such child's incapacity as described herein. 35 § 32. Paragraph a of subdivision 1 of section 35 of the judiciary law, 36 as amended by chapter 817 of the laws of 1986, is amended to read as 37 follows: 38 a. When a court orders a hearing in a proceeding upon a writ of habeas 39 corpus to inquire into the cause of detention of a person in custody in 40 a state institution, or when it orders a hearing in a civil proceeding 41 to commit or transfer a person to or retain him in a state institution 42 when such person is alleged to be mentally ill, mentally defective or a 43 narcotic addict, or when it orders a hearing for the commitment of the 44 guardianship and custody of a child to an authorized agency by reason of 45 the mental illness or [mental retardation] intellectual disability of a 46 parent, or when it orders a hearing to determine whether consent to the 47 adoption of a child shall be required of a parent who is alleged to be 48 mentally ill or [mentally retarded] intellectually disabled, or when it 49 orders a hearing to determine the best interests of a child when the 50 parent of the child revokes a consent to the adoption of such child and 51 such revocation is opposed or in any adoption or custody proceeding if 52 it determines that assignment of counsel in such cases is mandated by 53 the constitution of this state or of the United States, the court may 54 assign counsel to represent such person if it is satisfied that he is 55 financially unable to obtain counsel. Upon an appeal taken from an order 56 entered in any such proceeding, the appellate court may assign counselS. 6793 15 1 to represent such person upon the appeal if it is satisfied that he is 2 financially unable to obtain counsel. 3 § 33. That portion of subdivision 1 of section 5-a of the legislative 4 law entitled "ASSEMBLYMEN SERVING IN SPECIAL CAPACITY", as amended by 5 section 3 of part XX of chapter 56 of the laws of 2009, is amended to 6 read as follows: 7 ASSEMBLYMEN SERVING IN SPECIAL CAPACITY 8 Chairman of assembly ways and means committee ................... 34,000 9 Ranking minority member of assembly ways and means 10 committee ...................................................... 20,500 11 Chairman of assembly judiciary committee ........................ 18,000 12 Ranking minority member of assembly judiciary 13 committee ...................................................... 11,000 14 Chairman of assembly codes committee ............................ 18,000 15 Ranking minority member of assembly codes 16 committee ...................................................... 11,000 17 Chairman of assembly banks committee ............................ 15,000 18 Ranking minority member of assembly banks committee .............. 9,500 19 Chairman of assembly committee on cities ........................ 15,000 20 Ranking minority member of assembly committee on cities .......... 9,500 21 Chairman of assembly education committee ........................ 18,000 22 Ranking minority member of assembly education committee ......... 11,000 23 Chairman of assembly health committee ........................... 15,000 24 Ranking minority member of assembly health committee ............. 9,500 25 Chairman of assembly local governments committee ................ 15,000 26 Ranking minority member of assembly local governments 27 committee ....................................................... 9,500 28 Chairman of assembly agriculture committee ...................... 12,500 29 Ranking minority member of assembly agriculture committee ........ 9,000 30 Chairman of assembly economic development, job creation, 31 commerce and industry committee ................................ 18,000 32 Ranking minority member of assembly economic development, 33 job creation, commerce and industry committee .................. 11,000 34 Chairman of assembly environmental conservation committee ....... 12,500 35 Ranking minority member of assembly environmental 36 conservation committee .......................................... 9,000 37 Chairman of assembly corporations, authorities 38 and commissions committee ...................................... 15,000 39 Ranking minority member of assembly corporations, 40 authorities, and commissions committee .......................... 9,500 41 Chairman of assembly correction committee ....................... 12,500 42 Ranking minority member of assembly correction committee ......... 9,000 43 Chairman of assembly ethics and guidance committee .............. 12,500 44 Ranking minority member of assembly ethics and guidance 45 committee ....................................................... 9,000 46 Chairman of assembly governmental employees committee ........... 12,500 47 Ranking minority member of assembly governmental 48 employees committee ............................................. 9,000 49 Chairman of assembly governmental operations committee .......... 12,500 50 Ranking minority member of assembly governmental 51 operations committee ............................................ 9,000 52 Chairman of assembly housing committee .......................... 12,500 53 Ranking minority member of assembly housing committee ............ 9,000 54 Chairman of assembly insurance committee ........................ 12,500S. 6793 16 1 Ranking minority member of assembly insurance committee .......... 9,000 2 Chairman of assembly labor committee ............................ 14,000 3 Ranking minority member of assembly labor committee .............. 9,000 4 Chairman of assembly racing and wagering committee .............. 12,500 5 Ranking minority member of assembly racing and wagering 6 committee ....................................................... 9,000 7 Chairman of assembly social services committee .................. 12,500 8 Ranking minority member of assembly social services 9 committee ....................................................... 9,000 10 Chairman of assembly small business committee ................... 12,500 11 Ranking minority member of assembly small business 12 committee ....................................................... 9,000 13 Chairman of assembly transportation committee ................... 15,000 14 Ranking minority member of assembly transportation 15 committee ....................................................... 9,500 16 Chairman of assembly veterans' affairs committee ................ 12,500 17 Ranking minority member of assembly veterans' affairs 18 committee ....................................................... 9,000 19 Chairman of assembly aging committee ............................ 12,500 20 Ranking minority member of assembly aging committee .............. 9,000 21 Chairman of the assembly alcoholism and drug abuse 22 committee ...................................................... 12,500 23 Ranking minority member of the assembly 24 alcoholism and drug abuse committee ............................. 9,000 25 Chairman of assembly committee on mental health[,26mental retardation and developmental disabilities] ............. 12,500 27 Ranking minority member of assembly committee on mental health[,28mental retardation and developmental disabilities] .............. 9,000 29 Chairman of assembly higher education committee ................. 12,500 30 Ranking minority member of assembly higher education 31 committee ....................................................... 9,000 32 Chairman of assembly real property taxation committee ........... 12,500 33 Ranking minority member of assembly real property 34 taxation committee .............................................. 9,000 35 Chairman of assembly election law committee ..................... 12,500 36 Ranking minority member of assembly election 37 law committee ................................................... 9,000 38 Chairman of assembly children and families committee ............ 12,500 39 Ranking minority member of assembly children 40 and families committee .......................................... 9,000 41 Chairman of assembly consumer affairs and protection 42 committee ...................................................... 12,500 43 Ranking minority member of assembly consumer affairs and 44 protection committee ............................................ 9,000 45 Chairman of the assembly energy committee ....................... 12,500 46 Ranking minority member of assembly energy committee ............. 9,000 47 Chairman of assembly tourism, parks, arts and sports development 48 committee ...................................................... 12,500 49 Ranking minority member of assembly tourism, parks, arts and 50 sports development committee .................................... 9,000 51 Chairman of assembly oversight, analysis and investigation 52 committee ...................................................... 12,500 53 Ranking minority member of assembly oversight, 54 analysis and investigation committee ............................ 9,000 55 Chairman of assembly office of state-federal relations .......... 12,500 56 Chairman of majority house operations ........................... 12,500S. 6793 17 1 Chairman of minority house operations ............................ 9,000 2 Co-chairman of the administrative regulations review 3 commission ..................................................... 12,500 4 § 34. The closing paragraph of section 13.01 of the mental hygiene 5 law, as added by chapter 168 of the laws of 2010, is amended to read as 6 follows: 7 Any provisions of this article which explicitly or implicitly apply 8 to, or reference, persons who are [mentally retarded] intellectually 9 disabled, shall be deemed to apply to, or reference, persons with devel- 10 opmental disabilities. 11 § 35. The article heading of article 15 of title C of the mental 12 hygiene law, as renumbered by chapter 978 of the laws of 1977, is 13 amended to read as follows: 14 ADMISSION OF THE [MENTALLY RETARDED] INTELLECTUALLY 15 DISABLED TO SCHOOLS 16 § 36. The seventh undesignated paragraph of section 15.01 of the 17 mental hygiene law, as added by chapter 78 of the laws of 2000, is 18 amended to read as follows: 19 any provisions of this article which explicitly or implicitly apply 20 to, or reference, persons who are, or who are alleged to be, [mentally21retarded] intellectually disabled shall be deemed to apply to, or to be 22 a reference to, persons who are, or who are alleged to be, develop- 23 mentally disabled. 24 § 37. The closing paragraph of section 16.00 of the mental hygiene 25 law, as added by chapter 168 of the laws of 2010, is amended to read as 26 follows: 27 Any provisions of this article which explicitly or implicitly apply 28 to, or reference, persons who are [mentally retarded] intellectually 29 disabled, shall be deemed to apply to, or reference, persons with devel- 30 opmental disabilities. 31 § 38. Paragraphs 1 and 2 of subdivision (a) of section 41.17 of the 32 mental hygiene law, as amended by chapter 471 of the laws of 1980, are 33 amended to read as follows: 34 1. develop standards for admissions to all facilities for the care of 35 the mentally ill, [mentally retarded] intellectually disabled and devel- 36 opmentally disabled, and those suffering from the disease of alcoholism, 37 alcohol abuse, substance abuse or substance dependence consistent with 38 the requirements of articles nine, fifteen and twenty-one of this chap- 39 ter taking into account characteristics of clients and providers; 40 2. develop standards for discharges from all facilities for the care 41 of the mentally ill, [mentally retarded] intellectually disabled and 42 developmentally disabled, and those suffering from the disease of alco- 43 holism, alcohol abuse, substance abuse or substance dependence taking 44 into account the availability and adequacy of community residential and 45 treatment services and the rights of the patient; 46 § 39. Paragraph (i) of subdivision (b) of section 41.18 of the mental 47 hygiene law, as amended by chapter 376 of the laws of 1991, is amended 48 to read as follows: 49 (i) Local governments shall be granted state aid, in accordance with 50 the provisions of this subdivision, for approved net operating costs 51 pursuant to an approved local services plan at the rate of fifty percent 52 of the amount incurred during the local fiscal year by such local 53 governments and by voluntary agencies pursuant to contract with such 54 local governments; provided, however, that a local government having a 55 population of less than two hundred thousand shall be granted state aidS. 6793 18 1 at the rate of seventy-five percent for the first one hundred thousand 2 dollars of its approved net operating costs. Notwithstanding the forego- 3 ing, local governments shall be granted state aid of one hundred percent 4 of the net operating costs expended by such local governments and by 5 voluntary agencies pursuant to contract with such local governments for 6 services to [mentally retarded] intellectually disabled or develop- 7 mentally disabled persons who were patients in a state facility for a 8 continuous period of five or more years following the first day of Janu- 9 ary, nineteen hundred sixty-nine, provided that such services are 10 rendered in accordance with an approved local services plan. Such one 11 hundred percent state aid for services to such persons shall be also 12 provided to a voluntary agency pursuant to a direct contract between 13 such agency and an office of the department whenever such services 14 provided pursuant to such direct contract are rendered in accordance 15 with an approved local services plan for servicing such clients. For 16 purposes of determining whether a person has been a patient in such a 17 facility for a continuous period of five years or more, if a person who 18 has been discharged or released from such a facility is thereafter 19 returned to such a facility within ninety days of the discharge or 20 release, the period of time between such discharge or release and such 21 return shall not constitute an interruption of, and shall be counted as 22 part of, the continuous period. 23 § 40. Paragraph 1 of subdivision (a) and paragraphs 1 and 2 of subdi- 24 vision (c) of section 41.40 of the mental hygiene law, as added by chap- 25 ter 548 of the laws of 1982, are amended to read as follows: 26 1. "Respite" shall mean the provision of intermittent temporary 27 substitute care of [mentally retarded] intellectually disabled or devel- 28 opmentally disabled persons on behalf of and in the absence of the 29 parent or legal guardian of the [mentally retarded] intellectually disa- 30 bled or developmentally disabled person, for the purpose of providing 31 relief from the stresses of responsibilities concommitant with providing 32 continued care. Respite shall not exceed forty-two days in any calendar 33 year for any individual except where authorized by the commissioner, 34 subject to the approval of the director of the budget. 35 1. An analysis of the effectiveness of respite in promoting the 36 continuance of quality care for such [mentally retarded] intellectually 37 disabled and developmentally disabled persons. 38 2. A qualitative and quantitative analysis of respite services 39 rendered by providers herein, together with demographic analysis of the 40 families and [mentally retarded] intellectually disabled or develop- 41 mentally disabled persons participating in the project and the degree of 42 disability of participants. 43 § 41. The article heading of article 75 of the mental hygiene law is 44 amended to read as follows: 45 COMMUNITY MENTAL HEALTH SERVICES AND [MENTAL46RETARDATION] INTELLECTUAL DISABILITY 47 SERVICES COMPANIES 48 § 42. Subdivisions 1, 2 and 4 of section 75.05 of the mental hygiene 49 law, subdivision 4 as amended by chapter 570 of the laws 1982, is 50 amended to read as follows: 51 1. "Company", "community mental health services company" or "community 52 [mental retardation] intellectual disability services company". A compa- 53 ny, duly incorporated pursuant to the provisions of the not-for-profit 54 corporation law and this article, for the purpose of providing for the 55 care, treatment, training, education, and residence of the [mentally]S. 6793 19 1 intellectually disabled, and such facilities as may be incidental or 2 appurtenant thereto. 3 2. "Project", "community mental health services project" or "community 4 [mental retardation] intellectual disability services project". A 5 specific work or improvement, including lands, buildings, improvements, 6 fixtures, and articles of personal property, constructed, acquired, 7 reconstructed, rehabilitated, managed, owned, or operated by a company 8 pursuant to this article, to provide community residential facilities 9 for operation as hostels for the [mentally] intellectually disabled or 10 for the care, treatment, training, education of the [mentally] intellec- 11 tually disabled, or both, including such facilities as may be incidental 12 or appurtenant thereto. 13 4. "Project cost", "community mental health services project cost" or 14 "community [mental retardation] intellectual disability services project 15 cost". The sum total of all costs incurred by a company as approved by 16 the commissioner as reasonable and necessary for carrying out all works 17 and undertakings and providing all necessary equipment for the develop- 18 ment of a project less any portion of any state, federal or municipal 19 assistance grant, as the commissioner shall, prior to the making of a 20 mortgage loan by the New York state housing finance agency to a company, 21 determine to be available to reimburse the company for the payment of 22 such project costs prior to the initial occupancy of the project, and 23 all costs relating to the refinancing of existing indebtedness associ- 24 ated with the development of the project which constitutes a lien or 25 other encumbrance upon the real property or assets of a company to be 26 mortgaged or otherwise pledged to the agency. These shall include but 27 are not necessarily limited to the carrying charges during construction 28 up to and including the occupancy date, working capital not exceeding 29 three per centum of the estimated total cost or three percentum of the 30 actual total final cost, whichever is larger, the cost of all necessary 31 studies, surveys, plans and specifications, architectural, engineering, 32 legal, or other special services, the cost of acquisition of land and 33 any improvements thereon, site preparation and development, 34 construction, reconstruction, rehabilitation, improvement and equipment, 35 including fixtures, equipment, and articles of personal property 36 required for the operation of care, treatment, training, educational, 37 and residential facilities, the reasonable cost of financing incurred by 38 the company in the course of the development of the project, up to and 39 including the occupancy date, the fees imposed by the commissioner and 40 by the New York state housing finance agency; other fees charged, and 41 necessary expenses incurred in connection with the initial occupancy of 42 the project, and the cost of such other items as the commissioner may 43 determine to be reasonable and necessary for the development of a 44 project, less any and all rents and other net revenues from the opera- 45 tion of the real property, improvements or personal property on the 46 project site, or any part thereof, by the company on and after the date 47 on which the contract between the company and the New York state housing 48 finance agency was entered into and prior to the occupancy date. 49 § 43. Subdivision 1 of section 2581 of the public health law, as 50 amended by chapter 231 of the laws of 2010, is amended to read as 51 follows: 52 1. "Children with physical disabilities" means any persons under twen- 53 ty-one years of age who are disabled by reason of a defect or disabili- 54 ty, whether congenital or acquired by accident, injury, or disease, or 55 who are suffering from long-term disease, including, but without limit- 56 ing the generality of the foregoing, chronic granulomatous, cysticS. 6793 20 1 fibrosis, epidermolysis bullosa, muscular dystrophy, nephrosis, rheumat- 2 ic fever and rheumatic heart disease, blood dyscrasies, cancer, lymphat- 3 ic diseases, including, but not limited to: insufficiency of lymphatic 4 circulatory function (to include all forms of lymphedema, both primary 5 and secondary); lipedema; complex vascular diseases of the lymphatic 6 vasculature, including lymphangiomatosis, lymphangioleio-myomatosis, 7 lymphangiectasias, lymphangiomas, cystic hygromas, Gorham's disease, 8 lymphangiosarcoma, and complex vascular/lymphatic malformations and 9 syndromes, brain injured, and chronic asthma, or from any disease or 10 condition likely to result in a disability in the absence of treatment, 11 provided, however, no child shall be deprived of a service under the 12 provisions of this chapter solely because of the degree of [mental13retardation] intellectual disability. 14 § 44. The opening paragraph of subdivision 3 of section 2994-b of the 15 public health law, as amended by chapter 708 of the laws of 2019, is 16 amended to read as follows: 17 Prior to seeking or relying upon a health care decision by a surrogate 18 for a patient under this article, if the attending practitioner has 19 reason to believe that the patient has a history of receiving services 20 for [mental retardation] an intellectual disability or a developmental 21 disability; it reasonably appears to the attending practitioner that the 22 patient has [mental retardation] an intellectual disability or a devel- 23 opmental disability; or the practitioner has reason to believe that the 24 patient has been transferred from a mental hygiene facility operated or 25 licensed by the office of mental health, then such physician, nurse 26 practitioner or physician assistant shall make reasonable efforts to 27 determine whether paragraphs (a), (b) or (c) of this subdivision are 28 applicable: 29 § 45. The section heading and subdivision 1 of section 34 of the 30 public lands law, as amended by chapter 703 of the laws of 1994, are 31 amended to read as follows: 32 Transfer of unappropriated state lands for mental health, [mental33retardation] intellectual disability, park, recreation, playground, 34 reforestation, street or highway purposes. 1. Such commissioner of 35 general services may, from time to time, transfer and convey to a city, 36 incorporated village, town or county, in consideration of one dollar to 37 be paid to the state of New York, and on such terms and conditions as 38 such commissioner may impose, a part or all of any parcel or parcels of 39 unappropriated state lands upon certification that such parcel or 40 parcels are useful for local mental health facilities, [mental retarda-41tion] intellectual disability facilities, park, recreation, playground, 42 reforestation, street or highway purposes, and that they will be proper- 43 ly improved and maintained for one or more of such purposes and provided 44 that this disposition of such parcel or parcels is not otherwise prohib- 45 ited. Certification shall be evidenced by a formal request from the 46 board of estimate, common council, village board, town board or county 47 board of supervisors, setting forth in detail the parcel or parcels to 48 be released, transferred and conveyed and the availability and useful- 49 ness of such parcel or parcels for one or more of such purposes. In the 50 city of New York however, certification shall be evidenced by a formal 51 request from the mayor. In the event that lands transferred under the 52 provisions of this section are not properly improved and maintained for 53 one or more of the purposes contemplated by this section by the city, 54 village, town or county to which they were transferred, the title there- 55 to shall revert to the people of the state of New York, and the attor- 56 ney-general may institute an action in the supreme court for a judgmentS. 6793 21 1 declaring a revesting of such title in the state. Such commissioner may 2 also transfer any unappropriated state lands to the office of parks, 3 recreation and historic preservation or the department of environmental 4 conservation, upon the application of the commissioner thereof indicat- 5 ing that such unappropriated state lands are required for state park 6 purposes within the area of jurisdiction of such office or department. 7 § 46. Subdivision 8 of section 41 of the private housing finance law, 8 as amended by chapter 264 of the laws of 1970, is amended to read as 9 follows: 10 8. Prompt provision of new and improved community mental health and 11 [mental retardation] intellectual disability facilities is required for 12 the care and treatment of the increasing number of persons afflicted 13 with mental illness, mental deficiencies, epilepsy and behavior or 14 emotional disorders; that such facilities should be located close to the 15 people they serve in order to speed rehabilitation and restoration and 16 to provide for out-patient and in-patient care, including after care, 17 diagnostic and rehabilitative services and residential accommodations 18 for operation as hostels; that it is the policy of the state to promote 19 the provision of such community mental health and [mental retardation] 20 intellectual disability facilities; that there is a need for non-profit 21 corporations to construct low cost community mental health and [mental22retardation] intellectual disability facilities. In order to encourage 23 the investment of private capital in such community mental health and 24 [mental retardation] intellectual disability facilities, and to assure 25 the expeditious completion of such community mental health and [mental26retardation] intellectual disability facilities, the New York state 27 housing finance agency should be empowered, through the issuance of its 28 bonds, notes or other obligations to the private investing public, to 29 obtain funds necessary to make mortgage loans, at low interest rates, to 30 non-profit corporations for the construction, acquisition, recon- 31 struction, rehabilitation or improvement of such mental health and 32 [mental retardation] intellectual disability facilities. 33 § 47. Subdivisions 6-d, 14, and 14-a of section 42 of the private 34 housing finance law, subdivision 6-d as added by chapter 380 of the laws 35 of 1972, subdivision 14 as amended by chapter 281 of the laws of 1970, 36 and subdivision 14-a as added by chapter 570 of the laws of 1982, are 37 amended to read as follows: 38 6-d. "Mortgage loan" shall also mean a loan made by the agency to a 39 company incorporated pursuant to the provisions of article eight-B of 40 the mental hygiene law and the not-for-profit corporation law in an 41 amount not to exceed the total community mental health services project 42 cost or community [mental retardation] intellectual disability services 43 project cost, and secured by a first mortgage lien on the real property 44 of which the community mental health services project or community 45 [mental retardation] intellectual disability services project consists 46 and the personal property attached to or used in connection with the 47 construction, acquisition, reconstruction, rehabilitation, improvement 48 or operation of the community mental health services project or communi- 49 ty [mental retardation] intellectual disability services project. 50 "Community mental health services company," "community [mental retarda-51tion] intellectual disability services company," "community mental 52 health services project cost," "community [mental retardation] intellec- 53 tual disability services project cost," "community mental health 54 services project" and "community [mental retardation] intellectual disa- 55 bility services project" shall mean community mental health services 56 company, community [mental retardation] intellectual disability servicesS. 6793 22 1 company, community mental health services project cost, community 2 [mental retardation] intellectual disability services project cost, 3 community mental health services project and community [mental retarda-4tion] intellectual disability services project, respectively, as defined 5 in article eight-B of the mental hygiene law. 6 14. "Community mental health services and [mental retardation] intel- 7 lectual disability services project bonds" and "community mental health 8 services and [mental retardation] intellectual disability services 9 project notes" shall mean bonds and notes, respectively, issued by the 10 agency for the purposes of making mortgage loans to companies incorpo- 11 rated pursuant to the not-for-profit corporation law and article eight-B 12 of the mental hygiene law, paying interest on such bonds and notes, 13 establishing reserves to secure such bonds and notes, and paying of all 14 other expenditures of the agency incident to and necessary or convenient 15 for the making of such mortgage loans. 16 14-a. "Community mental health services and [mental retardation] 17 intellectual disability services project revenue bonds" and "community 18 mental health services and [mental retardation] intellectual disability 19 services project revenue notes" shall mean bonds and notes, respective- 20 ly, issued by the agency for the purpose of making mortgage loans to 21 companies incorporated pursuant to the not-for-profit corporation law 22 and article seventy-five of the mental hygiene law, paying interest on 23 such bonds and notes, establishing reserves to secure such bonds and 24 notes, and paying of all other expenditures of the agency incident to 25 and necessary or convenient for the making of such mortgage loans. 26 § 48. Paragraphs (a) and (d) of subdivision 15 of section 44 of the 27 private housing finance law, as amended by chapter 195 of the laws of 28 1973, are amended to read as follows: 29 (a) Subject to the approval of the commissioner and to the provisions 30 of any contract with noteholders or bondholders, except with any holders 31 of hospital and nursing home project bonds or notes or youth facilities 32 project bonds or notes, or community mental health services and [mental33retardation] intellectual disability services project bonds or notes, 34 whenever it deems it necessary or desirable in the fulfillment of the 35 purposes of this article, to consent to the modification, with respect 36 to rate of interest, time of payment of any installment of principal or 37 interest, security, or any other term, of any mortgage, mortgage loan, 38 mortgage loan commitment, contract or agreement of any kind to which the 39 agency is a party, except such mortgages, mortgage loans, mortgage loan 40 commitments, contracts or agreements as may have been entered into with 41 hospital corporations which are eligible borrowers as defined in article 42 twenty-eight-B of the public health law, nursing home companies or non- 43 profit corporations which are eligible borrowers as defined in title 44 five-A of article six of the social services law or companies incorpo- 45 rated pursuant to the not-for-profit corporation law and article seven- 46 ty-five of the mental hygiene law; 47 (d) Subject to the provisions of any contract with holders of communi- 48 ty mental health services and [mental retardation] intellectual disabil- 49 ity services project bonds or notes, whenever it deems it necessary or 50 desirable in the fulfillment of the purposes of this article, to consent 51 to the modification, with respect to rate of interest, time of payment 52 of any installment of principal or interest, security, or any other term 53 of any mortgage, mortgage loan, mortgage loan commitment, contract or 54 agreement of any kind between the agency and a company incorporated 55 pursuant to the not-for-profit corporation law and article seventy-five 56 of the mental hygiene law.S. 6793 23 1 § 49. Subdivisions 1 and 2 of section 47 of the private housing 2 finance law, as amended by chapter 215 of the laws of 1990, paragraph 3 (c) of subdivision 1 as amended by chapter 127 of the laws of 2019, are 4 amended to read as follows: 5 1. (a) The agency shall create and establish a special fund (herein 6 referred to as capital reserve fund), and shall pay into such capital 7 reserve fund (1) any monies appropriated and made available by the state 8 for the purposes of such fund, (2) any proceeds of sale of notes or 9 bonds other than state university construction notes or state university 10 construction bonds, equity notes or equity bonds, non-profit project 11 notes or non-profit project bonds, hospital and nursing home project 12 notes or hospital and nursing home project bonds, urban rental project 13 notes or urban rental project bonds, health facilities notes or health 14 facilities bonds, youth facilities project notes or youth facilities 15 project bonds, community mental health services and [mental retardation] 16 intellectual disability services project notes or community mental 17 health services and [mental retardation] intellectual disability 18 services project bonds, community senior citizens services project notes 19 or community senior citizens services project bonds, mental hygiene 20 improvement notes or mental hygiene improvement bonds and revenue hous- 21 ing bonds, and bonds and notes for the housing program to the extent 22 provided in the resolution of the agency authorizing the issuance there- 23 of, and (3) any other moneys which may be made available to the agency 24 for the purpose of such fund from any other source or sources. All 25 moneys held in the capital reserve fund, except as hereinafter provided, 26 shall be used solely for the payment of the principal of bonds of the 27 agency other than state university construction bonds, equity bonds, 28 non-profit project bonds, hospital and nursing home project bonds, urban 29 rental project bonds, health facilities bonds, youth facilities project 30 bonds, community mental health services and [mental retardation] intel- 31 lectual disability services project bonds, community senior citizens 32 services project bonds, mental hygiene improvement bonds and revenue 33 housing bonds, and bonds and notes for the housing program as the same 34 mature, required payments to any sinking fund established in a resol- 35 ution of the agency for the amortization of term bonds (hereinafter 36 referred to as "sinking fund payments"), the purchase or redemption of 37 bonds of the agency other than state university construction bonds, 38 equity bonds, non-profit project bonds, hospital and nursing home 39 project bonds, urban rental project bonds, health facilities bonds, 40 youth facilities project bonds, community mental health services and 41 [mental retardation] intellectual disability services project bonds, 42 community senior citizens services project bonds, mental hygiene 43 improvement bonds and revenue housing bonds, and bonds and notes for the 44 housing program the payment of interest on such bonds of the agency or 45 the payment of any redemption premium required to be paid when such 46 bonds are redeemed prior to maturity; provided, however, that monies in 47 such fund shall not be withdrawn therefrom at any time in such amount as 48 would reduce the amount of such fund to less than the maximum amount of 49 principal and interest maturing and becoming due and sinking fund 50 payments required to be made in any succeeding calendar year on all 51 bonds of the agency then outstanding other than state university 52 construction bonds, equity bonds, non-profit project bonds, hospital and 53 nursing home project bonds, urban rental project bonds, health facili- 54 ties bonds, youth facilities project bonds, community mental health 55 services and [mental retardation] intellectual disability services 56 project bonds, community senior citizens services project bonds, mentalS. 6793 24 1 hygiene improvement bonds and revenue housing bonds and bonds and notes 2 for the housing program, except for the purpose of paying principal of, 3 interest and sinking fund payments becoming due on such bonds of the 4 agency maturing and becoming due and for the payment of which other 5 moneys of the agency are not available. For the purposes of this subdi- 6 vision one, in computing the maximum amount of principal maturing at a 7 single future date (herein called "term bonds") in any succeeding calen- 8 dar year, the principal amount of any such term bonds which are subject 9 to mandatory redemption prior to such future date by sinking fund 10 payments shall not be included in the computation determining the maxi- 11 mum amount of principal maturing in said future year. Any income or 12 interest earned by, or increment to, the capital reserve fund due to the 13 investment thereof may be transferred by the agency to the general 14 reserve fund or other fund of the agency to the extent it does not 15 reduce the amount of the capital reserve fund below the maximum amount 16 of principal and interest maturing and becoming due and sinking fund 17 payments required to be made in any succeeding calendar year on all such 18 bonds of the agency then outstanding other than state university 19 construction bonds, equity bonds, non-profit project bonds, hospital and 20 nursing home project bonds, urban rental project bonds, health facili- 21 ties bonds, youth facilities project bonds, community mental health 22 services and [mental retardation] intellectual disability services 23 project bonds, community senior citizens services project bonds, mental 24 hygiene improvement bonds and revenue housing bonds and bonds and notes 25 for the housing program. 26 (b) The agency shall not issue bonds other than state university 27 construction bonds, equity bonds, non-profit project bonds, hospital and 28 nursing home project bonds, urban rental project bonds, health facili- 29 ties bonds, youth facilities project bonds, community mental health 30 services and [mental retardation] intellectual disability services 31 project bonds, community senior citizens services project bonds, mental 32 hygiene improvement bonds and revenue housing bonds and bonds and notes 33 for the housing program at any time secured by the capital reserve fund 34 if the maximum amount of principal and interest maturing and becoming 35 due and sinking fund payments required to be made in a succeeding calen- 36 dar year on such bonds then to be issued and on all other bonds of the 37 agency then outstanding other than state university construction bonds, 38 equity bonds, non-profit project bonds, hospital and nursing home 39 project bonds, urban rental project bonds, health facilities bonds, 40 youth facilities project bonds, community mental health services and 41 [mental retardation] intellectual disability services project bonds, 42 community senior citizens services project bonds, mental hygiene 43 improvement bonds and revenue housing bonds and bonds and notes for the 44 housing program will exceed the amount of the capital reserve fund at 45 the time of issuance unless the agency, at the time of issuance of such 46 bonds, shall deposit in such fund from the proceeds of the bonds so to 47 be issued, or otherwise, an amount which, together with the amount then 48 in such fund, will be not less than the maximum amount of principal and 49 interest maturing and becoming due and sinking fund payments required to 50 be made in any succeeding calendar year on such bonds then to be issued 51 and on all other bonds of the agency then outstanding other than state 52 university construction bonds, equity bonds, non-profit project bonds, 53 hospital and nursing home project bonds, urban rental project bonds, 54 health facilities bonds, youth facilities project bonds, community 55 mental health services and [mental retardation] intellectual disability 56 services project bonds, community senior citizens services projectS. 6793 25 1 bonds, mental hygiene improvement bonds and revenue housing bonds and 2 bonds and notes for the housing program. 3 (c) The agency shall not issue bonds and notes other than state 4 university construction bonds and state university construction notes, 5 hospital and nursing home project bonds and hospital and nursing home 6 project notes, health facilities bonds and health facilities notes, 7 youth facilities project bonds and youth facilities project notes, 8 community mental health services and [mental retardation] intellectual 9 disability services project bonds and community mental health services 10 and [mental retardation] intellectual disability services project notes, 11 community senior citizens services project notes or community senior 12 citizens services project bonds and mental hygiene improvement bonds and 13 mental hygiene improvement notes and bonds and notes for the housing 14 program for any of its corporate purposes in an aggregate principal 15 amount exceeding twenty-nine billion two hundred eighty million dollars, 16 excluding bonds and notes issued to refund outstanding bonds and notes. 17 (d) To assure the continued operation and solvency of the agency for 18 the carrying out of the public purposes of this article, provision is 19 made in paragraph (a) of this subdivision for the accumulation in the 20 capital reserve fund of an amount equal to the maximum amount of princi- 21 pal and interest maturing and becoming due and sinking fund payments 22 required to be made in any succeeding calendar year on all bonds of the 23 agency then outstanding other than state university construction bonds, 24 equity bonds, non-profit project bonds, hospital and nursing home 25 project bonds, urban rental project bonds, health facilities bonds, 26 youth facilities project bonds, community mental health services and 27 [mental retardation] intellectual disability services project bonds, 28 community senior citizens services project bonds, mental hygiene 29 improvement bonds and revenue housing bonds and bonds and notes for the 30 housing program. In order further to assure such maintenance of the 31 capital reserve fund, there shall be annually apportioned and paid to 32 the agency for deposit in the capital reserve fund such sum, if any, as 33 shall be certified by the chairman of the agency to the governor and 34 director of the budget as necessary to restore the capital reserve fund 35 to an amount equal to the maximum amount of principal and interest 36 maturing and becoming due and sinking fund payments required to be made 37 in any succeeding calendar year on the bonds of the agency then 38 outstanding other than state university construction bonds, equity 39 bonds, non-profit project bonds, hospital and nursing home project 40 bonds, urban rental project bonds, health facilities bonds, youth facil- 41 ities project bonds, community mental health services and [mental retar-42dation] intellectual disability services project bonds, community senior 43 citizens services project bonds, mental hygiene improvement bonds and 44 revenue housing bonds and bonds and notes for the housing program. The 45 chairman of the agency shall annually, on or before December first, make 46 and deliver to the governor and director of the budget his certificate 47 stating the amount, if any, required to restore the capital reserve fund 48 to the amount aforesaid and the amount so stated, if any, shall be 49 apportioned and paid to the agency during the then current state fiscal 50 year. The principal amount of bonds secured by the capital reserve fund 51 to which state funds are apportionable pursuant to this paragraph shall 52 be limited to the total amount of bonds and notes outstanding on the 53 effective date of this act, plus the total amount of bonds and notes 54 contracted after the effective date of this act to finance projects in 55 progress on the effective date of this act as determined by the New York 56 state public authorities control board created pursuant to section fiftyS. 6793 26 1 of the public authorities law whose affirmative determination shall be 2 conclusive as to all matters of law and fact solely for the purposes of 3 the limitations contained in this paragraph, but in no event shall the 4 total amount of bonds so secured by such a capital reserve fund or funds 5 exceed three hundred thirty-eight million dollars, excluding bonds 6 issued to refund such outstanding bonds until the date of redemption of 7 such outstanding bonds. As outstanding bonds so secured are paid, the 8 amount so secured shall be reduced accordingly but the redemption of 9 such outstanding bonds from the proceeds of refunding bonds shall not 10 reduce the amount so secured. 11 (e) In computing the amount of the capital reserve fund for the 12 purposes of this section, securities in which all or a portion of such 13 fund shall be invested shall be valued at par or if purchased at less 14 than par, at their cost to the agency. 15 2. The agency shall create and establish a special fund (herein 16 referred to as general reserve fund) and shall pay into such fund all 17 fees and charges collected by the agency pursuant to paragraph (a) of 18 subdivision eleven of section forty-four of this article, or otherwise, 19 other than fees and charges collected in connection with the making of 20 mortgage loans (or commitments therefor) to mutual companies, non-profit 21 companies, urban rental companies or community development corporations, 22 and any monies which the agency shall transfer from the capital reserve 23 fund pursuant to the provisions of paragraph (a) of subdivision one of 24 this section. Such monies and any other monies paid into the general 25 reserve fund may, in the discretion of the agency but subject to agree- 26 ments with bondholders and noteholders, be used by the agency (a) for 27 the repayment of advances from the state in accordance with the 28 provisions of repayment agreements between the agency and the director 29 of the budget, (b) to reimburse the division of housing and community 30 renewal the reasonable costs of the services performed by the commis- 31 sioner of housing and community renewal and division of housing and 32 community renewal pursuant to section fifty-five of this article, (c) to 33 pay all costs, expenses and charges of financing, including fees and 34 expenses of trustees and paying agents, (d) for transfers to the capital 35 reserve fund, (e) for the payment of the principal of and interest on 36 bonds or notes other than state university construction bonds or state 37 university construction notes, equity bonds or equity notes, non-profit 38 project bonds or non-profit project notes, hospital and nursing home 39 project bonds or hospital and nursing home project notes, urban rental 40 project bonds or urban rental project notes, health facilities bonds or 41 health facilities notes, youth facilities project bonds or youth facili- 42 ties project notes, community mental health services and [mental retar-43dation] intellectual disability services project bonds or community 44 mental health services and [mental retardation] intellectual disability 45 services project notes, community senior citizens services project notes 46 or community senior citizens services project bonds, mental hygiene 47 improvement bonds or mental hygiene improvement notes and revenue hous- 48 ing bonds and bonds and notes for the housing program issued by the 49 agency when the same shall become due whether at maturity or on call for 50 redemption and for the payment of any redemption premium required to be 51 paid where such bonds or notes are redeemed prior to their stated matu- 52 rities, and to purchase bonds or notes other than state university 53 construction bonds or state university construction notes, equity bonds 54 or equity notes, non-profit project bonds or non-profit project notes, 55 hospital and nursing home project bonds or hospital and nursing home 56 project notes, urban rental project bonds or urban rental project notes,S. 6793 27 1 health facilities bonds or health facilities notes, youth facilities 2 project bonds or youth facilities project notes, community mental health 3 services and [mental retardation] intellectual disability services 4 project bonds or community mental health services and [mental retarda-5tion] intellectual disability services project notes, community senior 6 citizens services project notes or community senior citizens services 7 project bonds, mental hygiene improvement bonds or mental hygiene 8 improvement notes and revenue housing bonds and bonds and notes for the 9 housing program issued by the agency, or (f) for such other corporate 10 purposes of the agency as the agency in its discretion shall determine 11 and provide. 12 § 50. Subdivisions 12 and 13 of section 47 of the private housing 13 finance law, subdivision 12 as added by chapter 1034 of the laws of 1969 14 and as renumbered by chapter 48 of the laws of 1970, paragraphs (a) and 15 (d) of subdivision 12 as amended by chapter 365 of the laws of 1973, 16 paragraphs (b) and (c) of subdivision 12 as amended by chapter 38 of the 17 laws of 1976, and subdivision 13 as amended by chapter 195 of the laws 18 of 1973, are amended to read as follows: 19 12. (a) The agency may create and establish a special fund to be known 20 as community mental health services and [mental retardation] intellectu- 21 al disability services capital reserve fund and may pay into such 22 reserve funds (1) any monies appropriated and made available by the 23 state for the purposes of such funds, (2) any proceeds of sale of commu- 24 nity mental health services and [mental retardation] intellectual disa- 25 bility services project notes or community mental health services and 26 [mental retardation] intellectual disability services project bonds, to 27 the extent provided in the resolution of the agency authorizing the 28 issuance thereof, and (3) any other monies which may be made available 29 to the agency for the purposes of such accounts from any other source or 30 sources. The monies held in or credited to the capital reserve fund 31 established under this subdivision except as hereinafter provided, shall 32 be used solely for the payment of principal of community mental health 33 services and [mental retardation] intellectual disability services 34 project bonds of the agency secured by such reserve fund, as the same 35 mature, the purchase of such community mental health services and 36 [mental retardation] intellectual disability services project bonds of 37 the agency, the payment of interest on such community mental health 38 services and [mental retardation] intellectual disability services 39 project bonds of the agency, or the payment of any redemption premium 40 required to be paid when such bonds are redeemed prior to maturity; 41 provided, however, that monies in any such fund shall not be withdrawn 42 therefrom at any time in such amount as would reduce the amount of such 43 fund to less than the maximum amount of principal and interest maturing 44 and becoming due in any succeeding calendar year on the community mental 45 health services and [mental retardation] intellectual disability 46 services project bonds of the agency then outstanding and secured by 47 such reserve fund, except for the purpose of paying principal and inter- 48 est on community mental health services and [mental retardation] intel- 49 lectual disability services project bonds of the agency secured by such 50 reserve fund maturing and becoming due and for the payment of which 51 other monies of the agency are not available. Any income or interest 52 earned by, or increment to, any such community mental health services 53 and [mental retardation] intellectual disability services capital 54 reserve fund due to the investment thereof may be transferred to the 55 community mental health services and [mental retardation] intellectual 56 disability services general reserve fund or other fund of the agency, toS. 6793 28 1 the extent it does not reduce the amount of such community mental health 2 services and [mental retardation] intellectual disability services capi- 3 tal reserve fund below the maximum amount of principal and interest 4 maturing and becoming due in any succeeding calendar year on all commu- 5 nity mental health services and [mental retardation] intellectual disa- 6 bility services project bonds of the agency then outstanding and secured 7 by such reserve fund. 8 (b) The agency shall not issue community mental health services and 9 [mental retardation] intellectual disability services project bonds and 10 notes in an aggregate principal amount exceeding one hundred million 11 dollars excluding community mental health services and [mental retarda-12tion] intellectual disability services project bonds and community 13 mental health services and [mental retardation] intellectual disability 14 services project notes issued to refund outstanding community mental 15 health services and [mental retardation] intellectual disability 16 services project bonds and community mental health services and [mental17retardation] intellectual disability services project notes, nor shall 18 it issue community mental health services and [mental retardation] 19 intellectual disability services project bonds at any time secured by 20 the community mental health services and [mental retardation] intellec- 21 tual disability services capital reserve fund if the maximum amount of 22 principal and interest maturing and becoming due in a succeeding calen- 23 dar year on the community mental health services and [mental retarda-24tion] intellectual disability services project bonds outstanding and 25 then to be issued and secured by the community mental health services 26 and [mental retardation] intellectual disability services capital 27 reserve fund will exceed the amount of such reserve fund at the time of 28 issuance, unless the agency, at the time of issuance of such bonds, 29 shall deposit in such reserve fund from the proceeds of the bonds so to 30 be issued, or otherwise, an amount which together with the amount then 31 in such reserve fund, will be not less than the maximum amount of prin- 32 cipal and interest maturing and becoming due in any succeeding calendar 33 year on the community mental health services and [mental retardation] 34 intellectual disability services project bonds then to be issued and on 35 all other community mental health services and [mental retardation] 36 intellectual disability services project bonds of the agency then 37 outstanding and secured by such reserve fund. 38 (c) To assure the continued operation and solvency of the agency for 39 the carrying out of the public purposes of this article provision is 40 made in paragraph (a) of this subdivision for the accumulation in the 41 community mental health services and [mental retardation] intellectual 42 disability services capital reserve fund of an amount equal to the maxi- 43 mum amount of principal and interest maturing and becoming due in any 44 succeeding calendar year on all community mental health services and 45 [mental retardation] intellectual disability services project bonds of 46 the agency then outstanding and secured by such reserve fund. In order 47 further to assure the maintenance of such community mental health 48 services and [mental retardation] intellectual disability services capi- 49 tal reserve fund, there shall be annually apportioned and paid to the 50 agency for deposit in such community mental health services and [mental51retardation] intellectual disability services capital reserve fund such 52 sum, if any, as shall be certified by the chairman of the agency to the 53 governor and director of the budget as necessary to restore such reserve 54 fund to an amount equal to the maximum amount of principal and interest 55 maturing and becoming due in any succeeding calendar year on the commu- 56 nity mental health services and [mental retardation] intellectual disa-S. 6793 29 1 bility services project bonds of the agency then outstanding and secured 2 by such reserve fund. The chairman of the agency shall annually, on or 3 before December first, make and deliver to the governor and director of 4 the budget his certificate stating the sums, if any, required to restore 5 such community mental health services and [mental retardation] intellec- 6 tual disability services capital reserve fund to the amount aforesaid, 7 and the sums so certified, if any, shall be apportioned and paid to the 8 agency during the then current state fiscal year. The principal amount 9 of bonds secured by the community mental health services and [mental10retardation] intellectual disability services capital reserve fund to 11 which state funds are apportionable pursuant to this paragraph shall be 12 limited to the total amount of bonds and notes outstanding on the effec- 13 tive date of this act, plus the total amount of bonds and notes 14 contracted after the effective date of this act to finance projects in 15 progress on the effective date of this act as determined by the New York 16 state public authorities control board created pursuant to section fifty 17 of the public authorities law whose affirmative determination shall be 18 conclusive as to all matters of law and fact solely for the purposes of 19 the limitations contained in this paragraph, but in no event shall the 20 total amount of bonds so secured by such a capital reserve fund or funds 21 exceed thirteen million dollars, excluding bonds issued to refund such 22 outstanding bonds until the date of redemption of such outstanding 23 bonds. As outstanding bonds so secured are paid, the amount so secured 24 shall be reduced accordingly but the redemption of such outstanding 25 bonds from the proceeds of refunding bonds shall not reduce the amount 26 so secured. 27 (d) In computing any community mental health services and [mental28retardation] intellectual disability services capital reserve fund for 29 the purposes of this section, securities in which all or a portion of 30 such reserve fund shall be invested shall be valued at par if purchased 31 at par, or if purchased at other than par, at amortized value. 32 13. The agency shall create and establish a special fund (herein 33 referred to as community mental health services and [mental retardation] 34 intellectual disability services general reserve fund) and shall pay 35 into such fund all fees and charges collected by the agency pursuant to 36 paragraph (c) of subdivision eleven of section forty-four of this arti- 37 cle and any monies which the agency shall transfer from the community 38 mental health services and [mental retardation] intellectual disability 39 services capital reserve fund pursuant to the provisions of paragraph 40 (a) of subdivision ten of this section. Such monies and any other monies 41 paid into the community mental health services and [mental retardation] 42 intellectual disability services general reserve fund may, in the 43 discretion of the agency, but subject to agreements with bondholders and 44 noteholders, be used by the agency (a) for the repayment of advances 45 from the state in accordance with the provisions of repayment agreements 46 between the agency and the director of the budget, (b) to reimburse the 47 department of mental hygiene the reasonable costs of the services 48 performed by the commissioner of mental hygiene and the department of 49 mental hygiene pursuant to subdivision four of section fifty-five of 50 this article, including the reasonable costs of such services performed 51 by the health and mental hygiene facilities improvement corporation upon 52 request by the commissioner of mental hygiene pursuant to the provisions 53 of section 75.25 of the mental hygiene law, (c) to pay all costs, 54 expenses and charges of financing, including fees and expenses of trus- 55 tees and paying agents, (d) for transfers to the community mental health 56 services and [mental retardation] intellectual disability services capi-S. 6793 30 1 tal reserve fund, (e) for the payment of principal of and interest on 2 community mental health services and [mental retardation] intellectual 3 disability services project bonds and notes issued by the agency when 4 the same shall become due whether at maturity or on call for redemption 5 and for the payment of any redemption premium required to be paid where 6 such community mental health services and [mental retardation] intellec- 7 tual disability services project bonds and notes are redeemed prior to 8 their stated maturities and to purchase community mental health services 9 and [mental retardation] intellectual disability services project bonds 10 or notes issued by the agency, or (f) for such other corporate purposes 11 of the agency as the agency in its discretion shall determine and 12 provide. 13 § 51. Subdivision 16 of section 47 of the private housing finance law, 14 as added by chapter 570 of the laws of 1982, is amended to read as 15 follows: 16 16. (a) The agency may create and establish one or more special funds 17 to be known as community mental health services and [mental retardation] 18 intellectual disability services capital reserve funds and may pay into 19 such reserve funds (1) any monies appropriated and made available by the 20 state for the purposes of such funds, (2) any proceeds of the sale of 21 community mental health services and [mental retardation] intellectual 22 disability services project revenue bonds or notes, to the extent 23 provided in the resolution of the agency authorizing the issuance there- 24 of, and (3) any other monies which may be made available to the agency 25 for the purposes of such fund or funds from any other source or sources. 26 The monies held in or credited to a capital reserve fund established 27 under this subdivision, except as hereinafter provided and as provided 28 in agreements with bondholders and noteholders, shall be used solely for 29 the payment of principal of community mental health services and [mental30retardation] intellectual disability services project revenue bonds of 31 the agency secured by such reserve fund, as the same mature, required 32 payments to any sinking fund established in a resolution of the agency 33 for the amortization of term bonds (hereinafter referred to as "sinking 34 fund payments"), the purchase of such revenue bonds of the agency, the 35 payment of interest on such revenue bonds of the agency, or the payment 36 of any redemption premium required to be paid when such bonds are 37 redeemed prior to maturity. Any income or interest earned by, or incre- 38 ment to, any such community mental health services and [mental retarda-39tion] intellectual disability services capital reserve fund due to the 40 investment thereof may be transferred to the agency, subject to agree- 41 ments with bondholders and noteholders. 42 (b) In computing any community mental health services and [mental43retardation] intellectual disability services capital reserve fund for 44 the purposes of this section, securities in which all or a portion of 45 such reserve fund shall be invested shall be valued at par if purchased 46 at par, or if purchased at other than par, at the amortized value. 47 (c) The agency shall create and establish one or more special funds 48 (herein referred to as community mental health services and [mental49retardation] intellectual disability services general reserve funds) and 50 shall to the extent provided in the applicable bond resolution of the 51 agency authorizing the issuance of community mental services and [mental52retardation] intellectual disability services project revenue bonds, pay 53 into any such fund the fees and charges collected by the agency pursuant 54 to paragraph (d) of subdivision eleven of section forty-four of this 55 article and any monies which the agency shall transfer from a community 56 mental health services and [mental retardation] intellectual disabilityS. 6793 31 1 services capital reserve fund pursuant to the provisions of paragraph 2 (a) of this subdivision. Such monies and any other monies paid into a 3 community mental health services and [mental retardation] intellectual 4 disability service general reserve fund may, in the discretion of the 5 agency, but subject to agreements with bondholders and noteholders, be 6 used by the agency (i) for the repayment of advances from the state in 7 accordance with the provisions of repayment agreements between the agen- 8 cy and the director of the budget, (ii) to reimburse the department of 9 mental hygiene the reasonable costs of the services performed by the 10 commissioner of mental hygiene and the department of mental hygiene 11 pursuant to subdivision five of section fifty-five of this article, 12 including the reasonable costs of such services performed by the facili- 13 ties development corporation upon request by the commissioner of mental 14 hygiene pursuant to the provisions of section 75.25 of the mental 15 hygiene law, (iii) to pay all costs, expenses and charges of financing, 16 including fees and expenses of trustees and paying agents, (iv) for 17 transfers to a community mental health services and [mental retardation] 18 intellectual disability services capital reserve fund, (v) for the 19 payment of principal of and interest on community mental health services 20 and [mental retardation] intellectual disability services project reven- 21 ue bonds and notes issued by the agency when the same shall become due 22 whether at maturity or on call for redemption and for the payment of any 23 redemption premium required to be paid where such community mental 24 health services and [mental retardation] intellectual disability 25 services project revenue bonds and notes are redeemed prior to their 26 stated maturities and to purchase community mental health services and 27 [mental retardation] intellectual disability services revenue bonds or 28 notes issued by the agency, or (vi) for such other corporate purposes of 29 the agency as the agency in its discretion shall determine and provide. 30 § 52. Paragraphs a and b of subdivision 1 of section 47-b of the 31 private housing finance law, as amended by chapter 471 of the laws of 32 1980, is amended to read as follows: 33 a. "Community mental health and [retardation] intellectual disability 34 facility" shall mean a building, a unit within a building, a laboratory, 35 a classroom, a housing unit, a dining hall, an activities center, a 36 library, or any structure on or improvement to real property of any kind 37 or description, including fixtures and equipment which are an integral 38 part of such building, unit or structure or improvement, a walkway, a 39 roadway or a parking lot and improvements and connections for water, 40 sewer, gas, electrical, telephone, heating, air conditioning and other 41 utility services, or a combination of any of the foregoing, whether for 42 patient care and treatment or staff, staff family or service use, 43 located in a city, or in a county not wholly included within a city, 44 authorized to provide community mental health services in accordance 45 with the provisions of article forty-one of the mental hygiene law, 46 which is utilized or to be utilized for the administration and conduct 47 of programs for the mentally ill or the [mentally retarded] intellectu- 48 ally disabled, or both, and for the provision of services therefor. A 49 community mental health and [retardation] intellectual disability facil- 50 ity shall also mean and include a residential facility to be operated as 51 a community residence for the [mentally] intellectually disabled, and a 52 treatment facility for use in the conduct of an alcoholism treatment 53 program or of a substance abuse treatment program as defined in the 54 mental hygiene law. 55 b. "Mental hygiene facility" shall mean a building, a unit within a 56 building, a laboratory, a classroom, a housing unit, a dining hall, anS. 6793 32 1 activities center, a library, or any structure on or improvement to real 2 property of any kind or description, including fixtures and equipment 3 which are an integral part of any such building, unit, structure or 4 improvement, a walkway, a roadway or a parking lot, and improvements and 5 connections for water, sewer, gas, electrical, telephone, heating, air 6 conditioning and other utility services, or a combination of any of the 7 foregoing, whether for patient care and treatment or staff, staff family 8 or service use, located at or related to any state hospital, any state 9 school, or any state psychiatric or research institute now or hereafter 10 established under the professional jurisdiction, supervision and control 11 of the state department of mental hygiene. A mental hygiene facility 12 shall mean and include a "community mental health and [retardation] 13 intellectual disability facility", unless such facility is expressly 14 excepted or the context clearly requires otherwise, and shall also mean 15 and include a treatment facility for use in the conduct of an alcoholism 16 or substance abuse treatment program as defined in the mental hygiene 17 law, unless such facility is expressly excepted or the context clearly 18 requires otherwise. The definition contained in this subdivision shall 19 not be construed to exclude therefrom a facility to be made available 20 under license or permit from the health and mental hygiene facilities 21 improvement corporation to a voluntary agency at the request of the 22 commissioners of the offices of the department of mental hygiene having 23 jurisdiction thereof for use in providing community mental health and 24 [retardation] intellectual disability services, or for use in the 25 conduct of an alcoholism or substance abuse treatment program. 26 § 53. Paragraphs a and b of subdivision 7 of section 47-c of the 27 private housing finance law, paragraph a as amended by chapter 607 of 28 the laws of 1970 and paragraph b as amended by chapter 433 of the laws 29 of 1968, are amended to read as follows: 30 a. The agency shall have the power to acquire by lease or deed from 31 the health and mental hygiene facilities improvement corporation any 32 real property acquired by the corporation pursuant to the provisions of 33 subdivision six of section nine of the health and mental hygiene facili- 34 ties improvement act (i) for the purpose of constructing, reconstruct- 35 ing, rehabilitating or improving thereon one or more community mental 36 health and [retardation] intellectual disability facilities or (ii) for 37 the purpose of financing the acquisition, construction, reconstruction, 38 rehabilitation or improvement thereon of one or more community mental 39 health and [retardation] intellectual disability facilities, pursuant to 40 the provisions of this article and the health and mental hygiene facili- 41 ties improvement act. The agency is hereby authorized to lease or 42 sublease such real property and facilities thereon to the corporation 43 for the purpose of making the same available to a city or a county not 44 wholly within a city, for use and occupancy in accordance with the 45 provisions of a lease, sublease or other agreement between the corpo- 46 ration and such city or county. 47 b. In the event that the agency shall fail, within five years after 48 the date of a lease or conveyance of such real property from such city 49 or county to the corporation, to construct, reconstruct, rehabilitate or 50 improve the community mental health and [retardation] intellectual disa- 51 bility facility or [facility] facilities thereon for which such lease or 52 conveyance was made, as provided for in a lease, sublease or other 53 agreement entered into by such city or county and the corporation, then, 54 subject to the terms of any lease, sublease or other agreement undertak- 55 en by the agency, such real property and any facilities thereon shall 56 revert to the corporation with right of re-entry thereupon, and suchS. 6793 33 1 lease or deed shall be made subject to such condition of reverter and 2 re-entry; provided, however, that as a condition precedent to the exer- 3 cise of such right of re-entry the corporation shall pay to the agency 4 an amount equal to the sum of the purchase price of such real property, 5 the depreciated cost of any community mental health and [retardation] 6 intellectual disability facility or facilities constructed, recon- 7 structed, rehabilitated or improved thereon and all other costs of the 8 agency incident to the acquisition of such lands and the financing of 9 construction, reconstruction, rehabilitation or improvement relating to 10 such community mental health and [retardation] intellectual disability 11 facility or facilities, all as provided in the aforesaid lease, sublease 12 or other agreement entered into with the corporation. 13 § 54. Subdivision 5 of section 55 of the private housing finance law, 14 as amended by chapter 195 of the laws of 1973, is amended to read as 15 follows: 16 5. The state commissioner of mental hygiene and the state department 17 of mental hygiene are hereby designated to act for and in behalf of the 18 agency in servicing the community mental health services and [mental19retardation] intellectual disability services companies mortgage loans 20 of the agency and shall perform such functions and services in 21 connection with the making, servicing and collection of such loans as 22 shall be requested by the agency. The agency shall pay to the department 23 of mental hygiene from any monies of the agency available for such 24 purpose, such amounts as are necessary to reimburse the department of 25 mental hygiene for the reasonable cost of the services performed by the 26 commissioner of mental hygiene and department of mental hygiene pursuant 27 to this section, including such amounts as are necessary to reimburse 28 the health and mental hygiene facilities improvement corporation for the 29 reasonable cost of such services performed by the health and mental 30 hygiene facilities improvement corporation upon request by the commis- 31 sioner of mental hygiene pursuant to the provisions of section 75.25 of 32 the mental hygiene law. 33 § 55. Paragraph c of subdivision 1 of section 1515 of the real proper- 34 ty actions and proceedings law, as amended by chapter 550 of the laws of 35 1978, is amended to read as follows: 36 c. Whether any defendant is known or unknown, and whether any defend- 37 ant is or might be an infant, [mentally retarded] intellectually disa- 38 bled, mentally ill or an alcohol abuser. 39 § 56. Subdivision 1 of section 1531 of the real property actions and 40 proceedings law, as amended by chapter 550 of the laws of 1978, is 41 amended to read as follows: 42 1. A final judgment in favor of either party, in an action brought as 43 prescribed in this article, is conclusive, as to the title established 44 in the action, against the other party, known or unknown, including an 45 infant, [a mentally retarded] an intellectually disabled person, a 46 mentally ill person, or an alcohol abuser, and also against every person 47 claiming from, through or under that party, by title accruing after the 48 filing of the judgment roll, or of the notice of the pendency of the 49 action, as prescribed by law; also against each person not in being or 50 ascertained at the commencement of the action, who by any contingency 51 contained in a devise or grant or otherwise, could afterward become 52 entitled to a beneficial estate or interest in the property involved, 53 provided that every person in being who would have been entitled to such 54 estate or interest if such event had happened immediately before the 55 commencement of the action is a party thereto, or that a guardian ad 56 litem is appointed, as prescribed by section 1513 of this article.S. 6793 34 1 § 57. Subdivisions 1, 3, and 4 of section 1651 of the real property 2 actions and proceedings law, as amended by chapter 115 of the laws of 3 1981, are amended to read as follows: 4 1. Where an infant, [mentally retarded] intellectually disabled 5 person, mentally ill person, alcohol abuser or conservatee holds real 6 property, in joint tenancy or in common, the general guardian of the 7 infant, or the committee of the [mentally retarded] intellectually disa- 8 bled person, mentally ill person, or alcohol abuser, or conservator of 9 the conservatee, may apply to the supreme court or to the county court 10 of the county wherein the real property is situated, for authority to 11 agree to a partition of the real property. Where such application 12 affects the interests of an incompetent person or a conservatee who has 13 been committed to a state institution, and is an inmate thereof, notice 14 of such application must be given to the superintendent, acting super- 15 intendent or state officer having special jurisdiction over the institu- 16 tion where the incompetent person or conservatee is confined. Irrespec- 17 tive of the location of any real property held by an infant in joint 18 tenancy or in common, his general guardian may make such application to 19 the surrogate's court which appointed such guardian. A certified copy of 20 the decree entered in the surrogate's court on such application must be 21 recorded in the office of the clerk of each county in which is situated 22 property affected by such decree. 23 3. If, after due inquiry into the merits of the application, by a 24 reference or otherwise, the court is of the opinion that the interests 25 of the infant, or of the [mentally retarded] intellectually disabled 26 person, mentally ill person, alcohol abuser or conservatee, will be 27 promoted by the partition proposed, it may make an order authorizing the 28 petitioner to agree to the partition proposed, and in the name of the 29 infant, or of the [mentally retarded] intellectually disabled person, 30 mentally ill person, alcohol abuser or conservatee, to execute releases 31 of his right and interest in and to that part of the property which 32 falls to the shares of the other joint-tenants or tenants in common. The 33 court may, in its discretion, for the furtherance of the interests of 34 said infant, [mentally retarded] intellectually disabled person, mental- 35 ly ill person, alcohol abuser or conservatee, direct partition to be so 36 made as to set off to him or them his or their share in common with any 37 of the other owners, provided the consent in writing thereto of such 38 owners shall be first obtained. 39 4. Releases so executed have the same validity and effect, as if they 40 were executed by the person in whose behalf they are executed, and as if 41 the infant was of full age, or the [mentally retarded] intellectually 42 disabled person, mentally ill person, or alcohol abuser was of sound 43 mind, and competent to manage his affairs, or the conservatee was compe- 44 tent to manage his affairs. 45 § 58. Section 11 of the real property law, as amended by chapter 550 46 of the laws of 1978, is amended to read as follows: 47 § 11. Capacity to transfer real property. A person other than a minor, 48 [a mentally retarded] an intellectually disabled person, or person of 49 unsound mind, seized of or entitled to an estate or interest in real 50 property, may transfer such estate or interest. 51 § 59. Paragraph (a) of subdivision 1 of section 422 of the real prop- 52 erty tax law, as amended by chapter 409 of the laws of 1993, is amended 53 to read as follows: 54 (a) Real property owned by a not-for-profit corporation organized 55 pursuant to the not-for-profit corporation law and the provisions of 56 article two of the private housing finance law, used exclusively toS. 6793 35 1 provide housing and auxiliary facilities for faculty members, students, 2 employees, nurses, interns, resident physicians, researchers and other 3 personnel and their immediate families in attendance or employed at 4 colleges, universities, educational institutions, child care insti- 5 tutions, hospitals and medical research institutes, or for handicapped 6 or aged persons of low income, or owned by non-profit nursing home 7 companies organized pursuant to the not-for-profit corporation law and 8 the provisions of article twenty-eight-A of the public health law, used 9 exclusively to provide facilities for nursing care to sick, invalid, 10 infirm, disabled or convalescent persons of low income, or to provide 11 health-related service as defined in article twenty-eight of the public 12 health law to persons of low income, or any combination of the forego- 13 ing, and in addition thereto, to provide nursing care and health-related 14 service, or either of them, to persons of low income who are not occu- 15 pants of the project, or owned by housing development fund companies 16 organized pursuant to the not-for-profit corporation law and article 17 eleven of the private housing finance law, used exclusively to provide 18 housing for handicapped or aged persons of low income, and financed by a 19 federally-aided mortgage as defined in said article eleven, or owned by 20 companies organized pursuant to the not-for-profit corporation law and 21 the provisions of article seventy-five of the mental hygiene law, used 22 exclusively to provide care, treatment, training, education and residen- 23 tial accommodations for operation as hostels for the mentally ill or 24 [mentally retarded] intellectually disabled, or owned by companies 25 organized pursuant to the membership corporations law and the provisions 26 of article seven-A of the private housing finance law, used exclusively 27 to provide programs, services and other facilities for the aging, shall 28 be exempt from taxation and exempt from special ad valorem levies and 29 special assessments to the extent provided in section four hundred nine- 30 ty of this chapter, provided, however, that in a city having a popu- 31 lation of one million or more real property owned by any such corpo- 32 ration which is to provide housing accommodations, substantially all of 33 which are or are to be assisted by rent subsidies made or to be made 34 available by the Federal government pursuant to a contract under section 35 eight of the United States Housing Act of nineteen hundred thirty-seven, 36 as amended, or pursuant to a project rental assistance contract under 37 section two hundred two of the United States Housing Act of nineteen 38 hundred fifty-nine, as amended, or pursuant to a project rental assist- 39 ance contract under section eight hundred eleven of the National Afford- 40 able Housing Act of nineteen hundred ninety, as amended, shall from and 41 after the commencement of construction be subject to taxation or exempt 42 therefrom to the extent approved by a municipality acting through its 43 local legislative body, as such local legislative body is defined in 44 paragraph twelve of section two of the private housing finance law. No 45 such corporation or company shall pay a dividend on any of its stock or 46 pay interest on any of its debentures. Provided further, however, in a 47 county having a population of one million or more and having not more 48 than three towns within such county, real property owned by housing 49 development fund companies organized pursuant to the not-for-profit 50 corporation law and article eleven of the private housing finance law, 51 used exclusively to provide housing for handicapped or aged persons of 52 low income, and financed by a federally-aided mortgage as defined in 53 said article eleven shall from and after the commencement of 54 construction be subject to taxation or exempt therefrom to the extent 55 approved by a municipality acting through its local legislative body, as 56 such local legislative body is defined in paragraph twelve of sectionS. 6793 36 1 two of the private housing finance law. Any tax payments and/or payments 2 in lieu of taxes made to a municipality pursuant to the preceding 3 sentence shall not be passed through nor become the liability of any of 4 the occupants of such property. 5 § 60. Paragraph (c) of subdivision 5 of section 62 of the social 6 services law, as amended by chapter 344 of the laws of 1973, is amended 7 to read as follows: 8 (c) When a mentally ill, [mentally retarded] intellectually disabled 9 or epileptic person is in need of public assistance or care while on 10 convalescent status or community status from a state hospital or insti- 11 tution under the provisions of section 29.15 of the mental hygiene law, 12 the public welfare district, town or city from which he was admitted to 13 such hospital or institution shall be responsible for providing and 14 paying for such assistance or care as in the case of other persons 15 requiring public assistance and care, except that such responsibility 16 shall continue during any period such person is on convalescent status 17 or community status outside the territory of such public welfare 18 district, town or city and shall continue thereafter in accordance with 19 the provisions of this paragraph and paragraph (b) if such person was 20 receiving or should have been receiving public assistance or care from 21 such public welfare district, town or city outside its territory at the 22 time he was discharged from such convalescent status or community 23 status. 24 § 61. The opening paragraph of subdivision 1 of section 131-o of the 25 social services law, as amended by section 45 of part C of chapter 58 of 26 the laws of 2005, is amended to read as follows: 27 Each individual receiving family care, residential care or care in a 28 school for the [mentally retarded] intellectually disabled, or enhanced 29 residential care as those terms are defined in section two hundred nine 30 of this chapter, and who is receiving benefits under the program of 31 additional state payments pursuant to this chapter while receiving such 32 care, shall be entitled to a monthly personal allowance out of such 33 benefits in the following amount: 34 § 62. Section 199 of the social services law, as amended by chapter 35 195 of the laws of 1973, is amended to read as follows: 36 § 199. Power of commissioner of public welfare to detain certain 37 inmates. The commissioner of public welfare shall have power to detain 38 in the public home, pending a vacancy for such person in a state insti- 39 tution, a person over the age of sixteen who has been certified as 40 [mentally retarded] intellectually disabled or epileptic in accordance 41 with the provisions of the mental hygiene law and for whom an applica- 42 tion for admission to a state institution has been made. Whenever the 43 commissioner shall so detain an inmate in the public home he shall at 44 once notify the state department of mental hygiene. 45 § 63. Paragraph (e) of subdivision 3 of section 209 of the social 46 services law, as amended by chapter 672 of the laws of 2019, is amended 47 to read as follows: 48 (e) "Receiving enhanced residential care" shall mean residing in a 49 privately operated school for the [mentally retarded] intellectually 50 disabled and developmentally disabled which is certified by the office 51 for people with developmental disabilities of the department of mental 52 hygiene, in accordance with applicable provisions of law and regulations 53 or an adult home, or enriched housing program certified by the depart- 54 ment of health in accordance with applicable law, rules and regulations 55 to the extent permitted by federal law and regulations.S. 6793 37 1 § 64. Subdivision 1 of section 210 of the social services law, as 2 amended by chapter 515 of the laws of 2006, is amended to read as 3 follows: 4 1. Any inconsistent provisions of this title or any other law notwith- 5 standing, but subject to the provisions of subdivisions two and three of 6 this section, an individual who is deemed to have met the eligibility 7 criteria for additional state payments pursuant to paragraph (c) of 8 subdivision one of section two hundred nine of this title, shall be 9 entitled to receive for each month after December, nineteen hundred 10 seventy-three an additional state payment in an amount which, when added 11 to the supplemental security income benefit and other countable income, 12 is equal to such individual's December, nineteen hundred seventy-three 13 cash grant of assistance under the state's program of old age assist- 14 ance, assistance to the blind, aid to the disabled or the combined 15 program of aid to aged, blind and disabled persons, plus income not 16 excluded under such state program, plus an amount equal to the January, 17 nineteen hundred seventy-two bonus value of food stamps as determined in 18 accordance with the regulations of the office of temporary and disabili- 19 ty assistance plus, for any month after June, nineteen hundred seventy- 20 five, an amount reflecting the federal supplemental security increases 21 resulting from July first, nineteen hundred seventy-five cost of living 22 increases in such benefits, plus for any month after June, nineteen 23 hundred eighty-two, an amount equal to the July first, nineteen hundred 24 eighty-two federal supplemental security income cost of living adjust- 25 ment, providing such individual was eligible to receive a mandatory 26 state supplement for the month of December, nineteen hundred eighty-one, 27 plus for any month after June, nineteen hundred eighty-three, an amount 28 equal to $17.70 for individuals, $26.55 for couples who are living alone 29 or living with others and $35.40 for couples receiving family care, 30 residential care or care in schools for the [mentally retarded] intel- 31 lectually disabled, plus for any month after December, nineteen hundred 32 eighty-three, an amount equal to $9.70 for individuals, $15.60 for 33 couples who are living alone or living with others and $19.40 for 34 couples receiving family care, residential care or care in schools for 35 the [mentally retarded] intellectually disabled, plus for any month 36 after December, nineteen hundred eighty-four, an amount equal to $11.00 37 for individuals, $16.00 for couples who are living alone or living with 38 others and $22.00 for couples receiving family care, residential care or 39 care in schools for the [mentally retarded] intellectually disabled, 40 plus for any month after December, nineteen hundred eighty-five, an 41 amount equal to $11.00 for individuals, $16.00 for couples who are 42 living alone or living with others and $22.00 for couples receiving 43 family care, residential care or care in schools for the [mentally44retarded] intellectually disabled, plus for any month after December, 45 nineteen hundred eighty-six an amount equal to $4.00 for individuals, 46 $6.00 for couples who are living alone or living with others and $8.00 47 for couples receiving family care, residential care or care in schools 48 for the [mentally retarded] intellectually disabled, plus for any month 49 after December, nineteen hundred eighty-seven an amount equal to $14.00 50 for individuals, $22.00 for couples who are living alone or living with 51 others and $28.00 for couples receiving family care, residential care or 52 care in schools for the [mentally retarded] intellectually disabled, 53 plus for any month after December, nineteen hundred eighty-eight an 54 amount equal to $14.00 for individuals, $21.00 for couples who are 55 living alone or living with others and $28.00 for couples receiving 56 family care, residential care or care in schools for the [mentallyS. 6793 38 1retarded] intellectually disabled, plus for any other month after Decem- 2 ber, nineteen hundred eighty-nine an amount equal to $18.00 for individ- 3 uals, $27.00 for couples who are living alone or living with others and 4 $36.00 for couples receiving family care, residential care or care in 5 schools for the [mentally retarded] intellectually disabled, plus for 6 any month after December, nineteen hundred ninety an amount equal to 7 $21.00 for individuals, $31.00 for couples who are living alone or 8 living with others and $42.00 for couples receiving family care, resi- 9 dential care or care in schools for the [mentally retarded] intellectu- 10 ally disabled, plus for any month after December, nineteen hundred nine- 11 ty-one an amount equal to $15.00 for individuals, $23.00 for couples who 12 are living alone or living with others and $30.00 for couples receiving 13 family care, residential care or care in schools for the [mentally14retarded] intellectually disabled, plus for any month after December, 15 nineteen hundred ninety-two, an amount equal to $12.00 for individuals, 16 $19.00 for couples who are living alone or living with others and $24.00 17 for couples receiving family care, residential care or care in schools 18 for the [mentally retarded] intellectually disabled plus for any month 19 after December, nineteen hundred ninety-three an amount equal to $12.00 20 for individuals, $17.00 for couples who are living alone or living with 21 others and $24.00 for couples receiving family care, residential care or 22 care in schools for the [mentally retarded] intellectually disabled plus 23 for any month after December, nineteen hundred ninety-four an amount 24 equal to $12.00 for individuals, $18.00 for couples who are living alone 25 or living with others and $24.00 for couples receiving family care, 26 residential care or care in schools for the [mentally retarded] intel- 27 lectually disabled, plus for any month after December, nineteen hundred 28 ninety-five an amount equal to $12.00 for individuals, $18.00 for 29 couples who are living alone or living with others and $24.00 for 30 couples receiving family care, residential care or care in schools for 31 the [mentally retarded] intellectually disabled, plus for any month 32 after December, nineteen hundred ninety-six, an amount equal to $14.00 33 for individuals and $21.00 for couples plus for any month after Decem- 34 ber, nineteen hundred ninety-seven an amount equal to $10.00 for indi- 35 viduals and $15.00 for couples plus for any month after December, nine- 36 teen hundred ninety-eight an amount equal to $6.00 for individuals and 37 $11.00 for couples plus for any month after December, nineteen hundred 38 ninety-nine an amount equal to $13.00 for individuals and $18.00 for 39 couples plus for any month after December, two thousand an amount equal 40 to $18.00 for individuals and $27.00 for couples plus for any month 41 after December, two thousand one an amount equal to $15.00 for individ- 42 uals and $21.00 for couples plus for any month after December, two thou- 43 sand two an amount equal to $7.00 for individuals and $12.00 for couples 44 plus for any month after December, two thousand three an amount equal to 45 $12.00 for individuals and $17.00 for couples plus for any month after 46 December, two thousand four an amount equal to $15.00 for individuals 47 and $23.00 for couples plus for any month after December, two thousand 48 five an amount equal to $24.00 for individuals and $35.00 for couples 49 plus for any month after December, two thousand six an amount equal to 50 the amount of any increases in federal supplemental security income 51 benefits for individuals or couples pursuant to section 1617 of the 52 Social Security Act (42 USC § 1382f) which become effective on or after 53 January first, two thousand seven. 54 § 65. Paragraph (k) of subdivision 1 of section 364-j of the social 55 services law, as amended by chapter 649 of the laws of 1996, is amended 56 to read as follows:S. 6793 39 1 (k) "Special care". Care, services and supplies relating to the treat- 2 ment of mental illness, [mental retardation] intellectual disability, 3 developmental disabilities, alcoholism, alcohol abuse or substance 4 abuse, or HIV infection/AIDS. 5 § 66. Paragraph (c) of subdivision 2 and paragraph (a) of subdivision 6 4 of section 365 of the social services law, paragraph (c) of subdivi- 7 sion 2 as amended by chapter 516 of the laws of 1973 and paragraph (a) 8 of subdivision 4 as amended by chapter 170 of the laws of 1994, are 9 amended to read as follows: 10 (c) who are patients in that part of a public institution operated for 11 the care of the [mentally retarded] intellectually disabled that has 12 been approved pursuant to law as a hospital or nursing home; 13 (a) who are patients in that part of a public institution operated for 14 the care of the [mentally retarded] intellectually disabled that has 15 been approved pursuant to law as an intermediate care facility or who 16 are participating in a program operated by the department of mental 17 hygiene or by a voluntary agency under an agreement with such depart- 18 ment, in that part of such a facility that has been approved as a day 19 treatment program in accordance with the regulations of the state 20 commissioner of mental hygiene; 21 § 67. Subdivision 4 of section 365-g of the social services law, as 22 amended by section 31 of part C of chapter 58 of the laws of 2008, is 23 amended to read as follows: 24 4. The utilization thresholds established pursuant to this section 25 shall not apply to [mental retardation] intellectual disability and 26 developmental disabilities services provided in clinics certified under 27 article twenty-eight of the public health law, or article twenty-two or 28 article thirty-one of the mental hygiene law. 29 § 68. Subparagraph 2 of paragraph (e) of subdivision 1 of section 366 30 of the social services law, as added by section 1 of part D of chapter 31 56 of the laws of 2013, is amended to read as follows: 32 (2) is a patient in a public institution operated primarily for the 33 treatment of tuberculosis or care of the [mentally] intellectually disa- 34 bled, with the exception of: (i) a person sixty-five years of age or 35 older and a patient in any such institution; (ii) a person under twen- 36 ty-one years of age and receiving in-patient psychiatric services in a 37 public institution operated primarily for the care of the [mentally] 38 intellectually disabled; (iii) a patient in a public institution oper- 39 ated primarily for the care of the [mentally retarded] intellectually 40 disabled who is receiving medical care or treatment in that part of such 41 institution that has been approved pursuant to law as a hospital or 42 nursing home; (iv) a patient in an institution operated by the state 43 department of mental hygiene, while under care in a hospital on release 44 from such institution for the purpose of receiving care in such hospi- 45 tal; or (v) is a person residing in a community residence or a residen- 46 tial care center for adults. 47 § 69. Clauses (vii), (viii) and (ix) of subparagraph 1 of paragraph 48 (d) of subdivision 5 of section 366 of the social services law, as added 49 by chapter 170 of the laws of 1994, are amended to read as follows: 50 (vii) "institutionalized individual" means any individual who is an 51 in-patient in a nursing facility, including an intermediate care facili- 52 ty for the [mentally retarded] intellectually disabled, or who is an 53 in-patient in a medical facility and is receiving a level of care 54 provided in a nursing facility, or who is receiving care, services or 55 supplies pursuant to a waiver granted pursuant to subsection (c) of 56 section 1915 of the federal social security act.S. 6793 40 1 (viii) "intermediate care facility for the [mentally retarded"] intel- 2 lectually disabled" means a facility certified under article sixteen of 3 the mental hygiene law and which has a valid agreement with the depart- 4 ment for providing intermediate care facility services and receiving 5 payment therefor under title XIX of the federal social security act. 6 (ix) "nursing facility" means a nursing home as defined by section 7 twenty-eight hundred one of the public health law and an intermediate 8 care facility for the [mentally retarded] intellectually disabled. 9 § 70. Clauses (vii), (viii) and (ix) of subparagraph 1 of paragraph 10 (e) of subdivision 5 of section 366 of the social services law, clause 11 (vii) as amended by section 51 of part C of chapter 58 of the laws of 12 2008 and clauses (viii) and (ix) as added by section 26-a of part C of 13 chapter 109 of the laws of 2006, are amended to read as follows: 14 (vii) "institutionalized individual" means any individual who is an 15 in-patient in a nursing facility, including an intermediate care facili- 16 ty for the [mentally retarded] intellectually disabled, or who is an 17 in-patient in a medical facility and is receiving a level of care 18 provided in a nursing facility, or who is described in section 19 1902(a)(10)(A)(ii)(VI) of the federal social security act. 20 (viii) "intermediate care facility for the [mentally retarded"] intel- 21 lectually disabled" means a facility certified under article sixteen of 22 the mental hygiene law and which has a valid agreement with the depart- 23 ment for providing intermediate care facility services and receiving 24 payment therefor under title XIX of the federal social security act. 25 (ix) "nursing facility" means a nursing home as defined by section 26 twenty-eight hundred one of the public health law and an intermediate 27 care facility for the [mentally retarded] intellectually disabled. 28 § 71. Subparagraph (ii) of paragraph (d) of subdivision 6 of section 29 367-a of the social services law, as added by chapter 41 of the laws of 30 1992, is amended to read as follows: 31 (ii) out-patient hospital and clinic services except for mental health 32 services, [mental retardation] intellectual disability and developmental 33 disability services, alcohol and substance abuse services and methadone 34 maintenance services; 35 § 72. The opening paragraph of subparagraph (ii) of paragraph (a) of 36 subdivision 2 of section 369 of the social services law, as amended by 37 section 62 of part C of chapter 60 of the laws of 2014, is amended to 38 read as follows: 39 with respect to the real property of an individual who is an inpatient 40 in a nursing facility, intermediate care facility for the [mentally41retarded] intellectually disabled, or other medical institution, who is 42 not reasonably expected to be discharged from the medical institution 43 and to return home, and who is required, as a condition of receiving 44 services in such institution under the state plan for medical assist- 45 ance, to spend for costs of medical care all but a minimal amount of his 46 or her income required for personal needs; provided, however, any such 47 lien will dissolve upon the individual's discharge from the medical 48 institution and return home; in addition, no such lien may be imposed on 49 the individual's home if one of the following persons is lawfully resid- 50 ing in the home: 51 § 73. Paragraph (e) of subdivision 6 of section 384-b of the social 52 services law, as amended by chapter 691 of the laws of 1991, is amended 53 to read as follows: 54 (e) In every proceeding upon a ground set forth in paragraph (c) of 55 subdivision four the judge shall order the parent to be examined by, and 56 shall take the testimony of, a qualified psychiatrist or a psychologistS. 6793 41 1 licensed pursuant to article one hundred fifty-three of the education 2 law as defined in section 730.10 of the criminal procedure law in the 3 case of a parent alleged to be mentally ill or [retarded] intellectually 4 disabled, such psychologist or psychiatrist to be appointed by the court 5 pursuant to section thirty-five of the judiciary law. The parent and the 6 authorized agency shall have the right to submit other psychiatric, 7 psychological or medical evidence. If the parent refuses to submit to 8 such court-ordered examination, or if the parent renders himself 9 unavailable therefor whether before or after the initiation of a 10 proceeding under this section, by departing from the state or by 11 concealing himself therein, the appointed psychologist or psychiatrist, 12 upon the basis of other available information, including, but not limit- 13 ed to, agency, hospital or clinic records, may testify without an exam- 14 ination of such parent, provided that such other information affords a 15 reasonable basis for his opinion. 16 § 74. Paragraph (f) of subdivision 2 of section 473-e of the social 17 services law, as added by chapter 395 of the laws of 1995, is amended to 18 read as follows: 19 (f) a person named as a court-appointed evaluator or guardian in 20 accordance with article eighty-one of the mental hygiene law, or a 21 person named as a guardian for the [mentally retarded] intellectually 22 disabled in accordance with article seventeen-A of the surrogate's court 23 procedure act; or 24 § 75. Subdivision 1 of section 477 of the social services law, as 25 amended by chapter 550 of the laws of 1978, is amended to read as 26 follows: 27 1. All mentally ill, [mentally retarded] intellectually disabled, 28 blind and deaf and mute persons, the expense of whose support and main- 29 tenance now is, or, under the laws of the state of New York, may become 30 a charge upon the city of Poughkeepsie, or the county of Dutchess, 31 exclusive of said city, or both, and who are maintained, or shall be 32 maintained, in any of the institutions of the state of New York, shall 33 be supported by said county of Dutchess as one district. 34 § 76. Paragraph (p) of subdivision 1 of section 261 of the tax law, as 35 amended by chapter 365 of the laws of 2005, is amended to read as 36 follows: 37 (p) with respect to the remaining counties of the state except Catta- 38 raugus county which have not suspended the imposition of such additional 39 tax pursuant to subdivision two of section two hundred fifty-three of 40 this article, to the comptroller to be paid by him or her into the 41 general fund in the state treasury to the credit of the state purposes 42 account; provided that money paid to the comptroller with respect to any 43 such remaining county in which on the date of such payment any mass 44 transportation, airport or aviation, municipal historic site, municipal 45 park, community mental health and [retardation] intellectual disability 46 facility, or sewage treatment capital project is being carried out by a 47 municipality with state aid, or for which state aid will be paid, pursu- 48 ant to the provisions of title one of chapter seven hundred seventeen of 49 the laws of nineteen hundred sixty-seven, section 17.05 of the parks, 50 recreation and historic preservation law, section 41.18 of the mental 51 hygiene law, or section 17-1903 of the environmental conservation law, 52 shall be applied by him or her to increase the amount of aid for which 53 the state is obligated in respect to such project on such date, provided 54 that any such increase in state aid may not, together with any federal 55 funds paid or to be paid on account of the cost of such project, exceed 56 the total cost thereof, and where more than one such capital project isS. 6793 42 1 being carried out on such date within such county, the application of 2 such monies by the comptroller shall be pro-rated among such munici- 3 palities on the basis of the respective amounts of state aid which are 4 so obligated on such date; and 5 § 77. The opening paragraph of section 2 of section 1 of chapter 359 6 of the laws of 1968, constituting the facilities development corporation 7 act, as separately amended by chapters 195 and 658 of the laws of 1973, 8 is amended to read as follows: 9 It is hereby found and declared that the provision of new and improved 10 state facilities relating to the care, maintenance and treatment of the 11 [mentally] intellectually disabled must be accelerated if the state is 12 to meet its responsibilities in the face of an increasing state popu- 13 lation, a growing awareness that mental disability can be treated effec- 14 tively, and new research advances in treatment methods. An expanded 15 construction program is essential to relieve overcrowding in the state 16 hospitals for the mentally ill, to provide treatment and care for the 17 increasing population of [mentally retarded] intellectually disabled in 18 state schools, and to permit the establishment of special treatment 19 programs for mentally ill and emotionally disturbed children and for the 20 mentally ill blind and the mentally ill deaf. Existing state facilities 21 require substantial modernization and structural change to accommodate 22 new concepts of treatment for the [mentally] intellectually disabled and 23 special units for the treatment of alcoholism and narcotics addiction. 24 Larger and better equipped research facilities must be installed in 25 order to insure that state treatment units are in the forefront of 26 applying and developing advanced therapeutic methods. At the same time, 27 improved training facilities and quarters are needed to attract and 28 retain the best-qualified staff personnel. 29 § 78. The third undesignated paragraph of section 2 of section 1 of 30 chapter 359 of the laws of 1968, constituting the facilities development 31 corporation act, as amended by chapter 547 of the laws of 1979, is 32 amended to read as follows: 33 It is further found and declared that the provision of new and 34 improved community mental health and [retardation] intellectual disabil- 35 ity facilities must be accelerated, in order to provide comprehensive 36 care and treatment of the mentally ill and [mentally retarded] intellec- 37 tually disabled. Such community mental health and [retardation] intel- 38 lectual disability facilities should be located close to the people they 39 serve, in order to speed rehabilitation and restoration, by involving 40 families and community resources to the extent practicable. Such an 41 accelerated construction program will also help relieve overcrowding in 42 state facilities for the mentally ill and [mentally retarded] intellec- 43 tually disabled and will afford treatment and care for the increasing 44 number of [mentally retarded] intellectually disabled. Such a program 45 will increase the number of local facilities for out-patient care and 46 short-term in-patient care, including after care, diagnostic and rehabi- 47 litative services, training and research. While the responsibility for 48 the professional care, maintenance and treatment of the mentally ill and 49 [mentally retarded] intellectually disabled at all such community mental 50 health and [retardation] intellectual disability facilities should 51 continue in the local governments, subject to the provisions of article 52 forty-one of the mental hygiene law and the regulations of the commis- 53 sioners of the offices of the department having jurisdiction thereof, 54 the legislature further finds and declares that the Facilities Develop- 55 ment Corporation should be empowered to aid cities and counties, at 56 their request, to provide new and improved community mental health andS. 6793 43 1 [retardation] intellectual disability facilities in order to insure 2 their timely construction, acquisition, reconstruction, rehabilitation 3 and improvement in relation to current and foreseeable needs and the 4 emergence of new patterns of treatment and care and should be empowered 5 to receive and administer monies for such purpose. 6 § 79. Subdivisions 10 and 19 of section 3 of section 1 of chapter 359 7 of the laws of 1968, constituting the facilities development corporation 8 act, subdivision 10 as amended by section 1 of part N of chapter 59 of 9 the laws of 2016 and subdivision 19 as amended by section 1 of part H of 10 chapter 58 of the laws of 2008, are amended to read as follows: 11 10. "Mental hygiene facility" shall mean a building, a unit within a 12 building, a laboratory, a classroom, a housing unit, a dining hall, an 13 activities center, a library, real property of any kind or description, 14 or any structure on or improvement to real property, or an interest in 15 real property, of any kind or description, owned by or under the juris- 16 diction of the corporation, including fixtures and equipment which are 17 an integral part of any such building, unit, structure or improvement, a 18 walkway, a roadway or a parking lot, and improvements and connections 19 for water, sewer, gas, electrical, telephone, heating, air conditioning 20 and other utility services, or a combination of any of the foregoing, 21 whether for patient care and treatment or staff, staff family or service 22 use, located at or related to any psychiatric center, any developmental 23 center, or any state psychiatric or research institute or other facility 24 now or hereafter established under the department. A mental hygiene 25 facility shall also mean and include a residential care center for 26 adults, a "community mental health and [retardation] intellectual disa- 27 bility facility" and a treatment facility for use in the conduct of an 28 alcoholism or substance abuse treatment program as defined in the mental 29 hygiene law unless such residential care center for adults, community 30 mental health and [retardation] intellectual disability facility or 31 alcoholism or substance abuse facility is expressly excepted, or the 32 context clearly requires otherwise, and shall also mean and include any 33 treatment facility for use in the conduct of an alcoholism or substance 34 abuse treatment program that is also operated as an associated health 35 care facility. The definition contained in this subdivision shall not be 36 construed to exclude therefrom a facility owned or leased by one or more 37 voluntary agencies that is to be financed, refinanced, designed, 38 constructed, acquired, reconstructed, rehabilitated or improved under 39 any lease, sublease, loan or other financing agreement entered into with 40 such voluntary agencies, and shall not be construed to exclude therefrom 41 a facility to be made available from the corporation to a voluntary 42 agency at the request of the commissioners of the offices of the depart- 43 ment having jurisdiction thereof. The definition contained in this 44 subdivision shall not be construed to exclude therefrom a facility with 45 respect to which a voluntary agency has an ownership interest in, and 46 proprietary lease from, an organization formed for the purpose of the 47 cooperative ownership of real estate. 48 19. "Voluntary agency" means a corporation organized under or existing 49 pursuant to the not-for-profit corporation law providing or, pursuant to 50 a written agreement with the appropriate commissioner, approved to 51 provide housing that includes residences for persons with mental disa- 52 bilities, or services benefitting or assisting in the care, treatment, 53 rehabilitation or maintenance of persons with mental disabilities, 54 community mental health or residential services, community [mental55retardation] intellectual disability services, or alcohol, substance-a- 56 buse, or chemical-dependency residential or non-residential treatmentS. 6793 44 1 services, or for any combination of the foregoing. Notwithstanding any 2 other provision of law to the contrary, voluntary agency shall also 3 include any entity receiving financing, approvals or assistance of any 4 form from the state housing finance agency or the state division of 5 housing and community renewal for one or more integrated housing 6 projects including projects serving persons with mental disabilities, 7 which shall be approved by the appropriate commissioner. Such commis- 8 sioner is hereby authorized to enter into any agreements necessary or 9 useful for such projects, subject to the approval of the director of the 10 budget. 11 § 80. Paragraph a of subdivision 8 and subdivision 13 of section 5 of 12 section 1 of chapter 359 of the laws of 1968, constituting the facili- 13 ties development corporation act, paragraph a of subdivision 8 as 14 amended by chapter 58 of the laws of 1987 and subdivision 13 as amended 15 by chapter 723 of the laws of 1993, are amended to read as follows: 16 a. With the approval of the appropriate commissioner of the department 17 and the director of the budget, to purchase real property necessary or 18 convenient for a mental hygiene facilities improvement program in the 19 name of the state, except where such purchase is for the purpose of 20 providing community mental health and [retardation] intellectual disa- 21 bility facilities in which case such purchase shall be in its own name; 22 provided, however, that all such purchases shall be made pursuant to 23 legislation or appropriations in accordance with section nine of this 24 act. Nothing in this section contained shall be construed to prohibit 25 the acquisition of real property by purchase or appropriation by the 26 appropriate commissioner of the department pursuant to article seventy- 27 one of the mental hygiene law for the purpose of making mental hygiene 28 facilities available under license or permit from the corporation to a 29 voluntary agency, subject to the terms and conditions of any lease, 30 sublease, loan or other financing agreement with the state housing 31 finance agency or the state medical care facilities finance agency, (i) 32 for use in providing community mental health and [retardation] intellec- 33 tual disability services, including services in a residential care 34 center for adults, or (ii) for the conduct of an alcoholism or substance 35 abuse treatment program as defined in article nineteen of the mental 36 hygiene law. 37 13. Subject to the terms and conditions of any lease, sublease, loan 38 or other financing agreement with the state housing finance agency or 39 the state medical care facilities finance agency, and to the determi- 40 nation of the appropriate commissioner of the department, and in the 41 case of community mental health and [retardation] intellectual disabili- 42 ty facilities, of the city or county, that such real property held for 43 the purposes of a mental hygiene facilities improvement program is 44 unnecessary for the present or foreseeable future needs of a mental 45 hygiene facility, with the approval of the director of the budget, to 46 convey for fair value any right, title or interest of the people of the 47 state of New York in and to such real property to any appropriate state 48 agency, or public corporation, city or county for other public use or 49 for sale, lease or other disposition in accordance with law, real prop- 50 erty held by the corporation, provided, however, nothing in this subdi- 51 vision shall be deemed to supercede the provisions of section 41.34 of 52 the mental hygiene law and provided further that any such conveyance 53 shall be subject to, and consistent with the terms and objectives of, 54 any plan developed by the state interagency council on mental hygiene 55 property utilization. The corporation shall provide written notice at 56 least thirty days in advance of the effective date of any conveyance toS. 6793 45 1 the governor, the majority leader of the senate and the speaker of the 2 assembly. No conveyance as authorized in this subdivision that may 3 adversely affect the tax exempt nature of any such lease, sublease, loan 4 or other financing agreement with the state housing finance agency or 5 the New York state medical care facilities finance agency may occur 6 until the attorney general or other designated bond counsel determines 7 in writing that the conveyance is consistent with all applicable state 8 and federal laws, rules and regulations, and with deeds, leases, 9 subleases, loan agreements, financing agreements, and bond resolutions 10 relating to or affected by the conveyance, and that the conveyance does 11 not impair the tax exempt status of outstanding obligations issued by 12 the state housing finance agency or the New York state medical care 13 facilities finance agency to finance or refinance the design, 14 construction, acquisition, reconstruction, rehabilitation or improvement 15 of mental health service facilities as defined in the New York state 16 medical care facilities finance agency act. 17 § 81. Subdivisions 3, 4 and 5 of section 6 of section 1 of chapter 359 18 of the laws of 1968, constituting the facilities development corporation 19 act, subdivisions 3 and 4 as amended by chapter 547 of the laws of 1979 20 and subdivision 5 as amended by chapter 351 of the laws of 1985, are 21 amended to read as follows: 22 3. To provide mental hygiene facilities, other than community health 23 and [retardation] intellectual disability facilities, for the care, 24 maintenance and treatment of the [mentally] intellectually disabled, for 25 research and training related thereto, and for the members of the staff 26 of state institutions in the department and their families, to reduce 27 the time lag between determination of need for such facilities and actu- 28 al occupancy thereof, to expedite the construction, acquisition, recon- 29 struction, rehabilitation or improvement of such facilities, to assure 30 that the same are completed and ready for the purposes intended in the 31 light of foreseeable needs, to assure exclusive possession, jurisdic- 32 tion, control and supervision over all mental hygiene facilities in 33 order to effectuate the aforesaid purposes and to make such facilities 34 available to the appropriate commissioner of the department for use in 35 the care, maintenance and treatment of the [mentally] intellectually 36 disabled. 37 4. To provide community mental health and [retardation] intellectual 38 disability facilities for the [mentally] intellectually disabled, for 39 out-patient care and short-term in-patient care, including after care 40 and diagnostic and rehabilitative services and training and research, 41 for and at the request of cities and counties not wholly within a city, 42 authorized to provide community mental health services in accordance 43 with the provisions of article forty-one of the mental hygiene law, to 44 reduce the time between determination of the need for such facilities 45 and actual occupancy thereof, to expedite the construction, acquisition, 46 reconstruction, rehabilitation or improvement of such facilities, to 47 assure that the same are completed and ready for the purposes intended 48 in the light of current and foreseeable needs, all as approved by the 49 appropriate commissioner of the department. 50 5. To provide mental hygiene facilities to be made available under 51 license or permit from the corporation to voluntary agencies at the 52 request of the appropriate commissioner of the department in accordance 53 with the provisions of this act for use in providing community mental 54 health and [retardation] intellectual disability services and services 55 in a residential care center for adults.S. 6793 46 1 § 82. Paragraphs b and c of subdivision 1 of section 9 of section 1 of 2 chapter 359 of the laws of 1968, constituting the facilities development 3 corporation act, paragraph b as amended by chapter 58 of the laws of 4 1987 and paragraph c as amended by chapter 547 of the laws of 1979, are 5 amended to read as follows: 6 b. The directors of the corporation shall prepare or cause to be 7 prepared for the state housing finance agency or the medical care facil- 8 ities finance agency, within the amounts appropriated therefor or other- 9 wise available, the building plans, the exterior drawings or models 10 displaying the architectural concept of each mental hygiene facility 11 thereafter to be constructed, reconstructed, rehabilitated or improved, 12 and the detailed plans and specifications for all such construction, 13 reconstruction, rehabilitation and improvement work to be performed, all 14 of which shall be subject to the separate approval of the appropriate 15 commissioner of the department and, in the case of community mental 16 health and [retardation] intellectual disability facilities, of the 17 governing body of the city or county or of such officer, department, 18 agency or community mental health board as may be designated by such 19 governing body for the purpose of such approval. The directors of the 20 corporation, except in the case of community mental health and [retarda-21tion] intellectual disability facilities, may cause the building plans, 22 drawings, models and detailed plans and specifications for such work to 23 be prepared under the direction of the commissioner of general services 24 in accordance with the terms of any agreement entered into between the 25 corporation and such commissioner pursuant to subdivision two of this 26 section. In the case of community mental health and [retardation] intel- 27 lectual disability facilities, the directors of the corporation may 28 cause such building plans, drawings, models and detailed plans and spec- 29 ifications for such work to be prepared by its own employees, or on a 30 contract basis, or by agreement with a city or county or with any state 31 department or agency authorized to perform such work. 32 The detailed plans and specifications for any such work to be 33 performed pursuant to a contract shall comply with the construction 34 standards in effect at the time the contract is executed. 35 Subject to the terms of any agreement entered into between the corpo- 36 ration and the commissioner of general services pursuant to subdivision 37 two of this section and between the corporation and the state housing 38 finance agency or the medical care facilities finance agency pursuant to 39 such section, the directors of the corporation may from time to time 40 modify, or authorize modifications to, such detailed plans and specifi- 41 cations provided (i) that the plans and specifications as so modified 42 shall comply with the construction standards, if any, adopted pursuant 43 to paragraph a of this subdivision and in effect at the time of the 44 modification, and (ii) that such modifications, if substantial, are made 45 with the separate approval of the appropriate commissioner of the 46 department and, in the case of community mental health and [retardation] 47 intellectual disability facilities, of such governing body of the city 48 or county or of such officer, department, agency or community mental 49 health board as may be designated by such governing body for the purpose 50 of such approval, and (iii) that in the event an amount for contingen- 51 cies is appropriated or advanced to the corporation to pay the added 52 costs during the then current state fiscal year of all modifications 53 made in the course of construction, reconstruction, rehabilitation and 54 improvement of mental hygiene facilities, no such modifications shall be 55 made or authorized in such fiscal year without the approval of the 56 director of the budget unless the cost thereof shall be less than fiveS. 6793 47 1 percentum of the total estimated cost of the facility as set forth in 2 the budget bill referred to in paragraph a of subdivision two of this 3 section, but in no event shall any such modification be made or author- 4 ized in such fiscal year if the cost thereof, plus the cost of all 5 modifications theretofore made or authorized during the same state 6 fiscal year, would exceed the amount for contingencies appropriated or 7 advanced for the purpose of such modifications, and (iv) that in the 8 event an amount for contingencies is not appropriated for the purpose of 9 such modifications, no such modification involving an estimated expense 10 of ten thousand dollars or more shall be made or authorized without the 11 prior approval of the director of the budget. 12 c. In the design, construction, acquisition, reconstruction, rehabili- 13 tation, alteration and improvement of mental hygiene facilities to be 14 made available under license or permit from the corporation to voluntary 15 agencies for use in providing community mental health and [retardation] 16 intellectual disability services, the corporation shall be governed by 17 the provisions of this act relating to the design and construction of 18 mental hygiene facilities provided, however, that the program for each 19 such facility shall have been prepared under the supervision of the 20 appropriate commissioner of the department pursuant to the mental 21 hygiene law at the request of such voluntary agency and with the 22 approval of the community mental health board established pursuant to 23 article forty-one of the mental hygiene law. 24 § 83. The opening paragraph of subparagraph (i) and subparagraph (ii) 25 of paragraph b of subdivision 2 of section 9 of section 1 of chapter 359 26 of the laws of 1968, constituting the facilities development corporation 27 act, the opening paragraph of subparagraph (i) as amended by chapter 166 28 of the laws of 1991 and subparagraph (ii) as amended by chapter 658 of 29 the laws of 1973, are amended to read as follows: 30 The corporation may design, construct, reconstruct, rehabilitate and 31 improve a mental hygiene facility, other than a community mental health 32 and [retardation] intellectual disability facility, whether as principal 33 or as agent for the state housing finance agency or the medical care 34 facilities finance agency, only by agreement with the commissioner of 35 general services, except that in the case a mental hygiene facility 36 owned or leased by a voluntary agency that is to be designed, 37 constructed, reconstructed, rehabilitated and improved under any lease, 38 sublease, loan or other financing agreement entered into with such 39 voluntary agency, or jointly with such voluntary agency and one or more 40 voluntary agencies that operate such facility the same may be designed, 41 constructed, reconstructed, rehabilitated and improved by such voluntary 42 agencies, and except that: 43 (ii) The corporation, with the approval of the director of the budget, 44 may construct, reconstruct, rehabilitate and improve a community mental 45 health and [retardation] intellectual disability facility by its own 46 employees, by agreement with a city or county or with any state depart- 47 ment or agency authorized to perform such work, or by contract awarded 48 pursuant to paragraph g of this subdivision. All contracts awarded by a 49 city or county on behalf of the corporation shall be awarded pursuant to 50 paragraph g of this subdivision, notwithstanding any provision of any 51 general, special or local law or any charter. 52 § 84. Paragraphs a and b of subdivision 3 of section 9 of section 1 of 53 chapter 359 of the laws of 1968, constituting the facilities development 54 corporation act, paragraph a as amended by chapter 723 of the laws of 55 1993 and paragraph b as amended by section 48 of part TTT of chapter 59 56 of the laws of 2019, are amended to read as follows:S. 6793 48 1 a. Subject to the provisions of this act, the directors of the corpo- 2 ration shall receive, accept, invest, administer, expend and disburse 3 for its corporate purposes, other than for the purposes of any health 4 facilities improvement program, (i) all payments made on or after Janu- 5 ary 1, 1964, for the care, maintenance and treatment of patients in 6 every mental hygiene facility, other than a community mental health and 7 [retardation] intellectual disability facility or a mental hygiene 8 facility made available under license or permit from the corporation to 9 a voluntary agency for use in providing community mental health and 10 [retardation] intellectual disability services, or an office of [alco-11holism and substance abuse] addiction services and supports facility 12 made available under license or permit from the corporation to a volun- 13 tary agency for use in the conduct of an alcoholism or substance abuse 14 treatment program, (ii) all payments made to the corporation by a lessee 15 or permittee as rentals, permit fees or otherwise under any lease, 16 sublease, permit or agreement undertaken with respect to a community 17 mental health and [retardation] intellectual disability facility or 18 current or former mental hygiene facility or from a voluntary agency 19 with respect to a mental hygiene facility made available under lease, 20 license or permit from the corporation to a voluntary agency, and (iii) 21 all payments made to the corporation for the purchase of real property 22 held by the corporation for the use of the department, other than 23 payments derived from New York state medical care facilities finance 24 agency financing or refinancing of the design, construction, acquisi- 25 tion, reconstruction, rehabilitation, improvement or renovation of state 26 operated mental hygiene facilities, and may receive, accept, invest, 27 administer, expend and disburse for its corporate purposes, other than 28 for the purposes of any health facilities improvement program, appropri- 29 ations or advances from the capital projects fund and the state purposes 30 account of the general fund of the state, and other revenues and monies 31 made available or to be made available to the corporation from any or 32 all sources, including gifts, grants, loans and payments from the feder- 33 al government, any state agency, any county, city, town or village, any 34 private foundation, organization or individual, or any other source, for 35 the construction, acquisition, reconstruction, rehabilitation and 36 improvement of mental hygiene facilities, and for the maintenance and 37 repair of such facilities. 38 b. All monies of the corporation received or accepted pursuant to 39 paragraph a of this subdivision, other than appropriations and advances 40 from the state and except as otherwise authorized or provided in this 41 section, shall be paid to the commissioner of taxation and finance as 42 agent of the corporation, who shall not commingle such monies with any 43 other monies. Such monies shall be deposited in two or more separate 44 bank accounts. One of such accounts, to which shall be credited (i) all 45 payments made on or after January 1, 1964, for the care, maintenance and 46 treatment of patients in every mental hygiene facility, other than a 47 community mental health and [retardation] intellectual disability facil- 48 ity, (ii) all payments made to the corporation as rentals, lease 49 payments, permit fees or otherwise under any lease, sublease or agree- 50 ment undertaken with respect to a community mental health and [retarda-51tion] intellectual disability facility or a current or former mental 52 hygiene facility, (iii) all payments made to the corporation for the 53 purchase of real property held by the corporation for the use of the 54 department, other than payments derived from New York state medical care 55 facilities finance agency financing or refinancing of the design, 56 construction, acquisition, reconstruction, rehabilitation, improvementS. 6793 49 1 or renovation of state operated mental hygiene facilities, (iv) all 2 income from investments and (v) all monies received or to be received 3 for the purposes of such account on a recurring basis, shall be denomi- 4 nated the "mental hygiene facilities improvement fund income account". 5 The monies in any account shall be paid out on checks signed by the 6 commissioner of taxation and finance on requisition of the chairman of 7 the corporation or of such other officer or employee or officers or 8 employees as the corporation shall authorize to make such requisition. 9 All deposits of such money shall, if required by the commissioner of 10 taxation and finance or the directors of the corporation, be secured by 11 obligations of the United States or of the state of a market value equal 12 at all times to the amount of the deposit and all banks and trust compa- 13 nies are authorized to give such security for such deposits. Any moneys 14 of the corporation not required for immediate use or disbursement may, 15 at the discretion of the corporation, be invested by the commissioner of 16 taxation and finance in accordance with the provisions of section 98-a 17 of the state finance law. The mental hygiene facilities improvement fund 18 and the income account therein shall remain in existence until termi- 19 nated by the corporation by written notice to the commissioner of taxa- 20 tion and finance. Any moneys on deposit in the mental hygiene facilities 21 improvement fund or the income account therein upon the termination of 22 said fund and account shall be transferred by the commissioner of taxa- 23 tion and finance to the mental health services fund. The corporation 24 shall not terminate the mental hygiene facilities improvement fund and 25 the income account therein until all mental health services facilities 26 bonds issued pursuant to: (i) the New York state medical care facilities 27 finance agency act; (ii) article five-c of the state finance law; and 28 (iii) article five-f of the state finance law and payable from the 29 income account as described in paragraph g of this subdivision are no 30 longer outstanding. 31 § 85. The fifth undesignated paragraph of subdivision 5 of section 9 32 of section 1 of chapter 359 of the laws of 1968, constituting the facil- 33 ities development corporation act, as amended by chapter 58 of the laws 34 of 1987, is amended to read as follows: 35 The provisions of this subdivision shall not apply to community mental 36 health and [retardation] intellectual disability facilities. 37 § 86. Subdivision 6 of section 9 of section 1 of chapter 359 of the 38 laws of 1968, constituting the facilities development corporation act, 39 paragraphs a and b as amended by chapter 58 of the laws of 1987, is 40 amended to read as follows: 41 6. Notwithstanding any provision of any general, special or local law 42 or of any charter: 43 a. The governing body, as such term is defined in article forty-one of 44 the mental hygiene law (except that with respect to the city of New York 45 such term shall mean the board of estimate), of a city or county may, 46 upon such terms and conditions as shall be approved by such governing 47 body and for such consideration, if any, as may be determined by such 48 governing body, but not to exceed the cost of acquisition thereof and 49 the cost of improvements thereon, exclusive of any costs reimbursed or 50 to be reimbursed in accordance with the provisions of article forty-one 51 of the mental hygiene law otherwise, execute and deliver to the corpo- 52 ration a lease for a term not exceeding forty years or a deed (i) 53 conveying to the corporation real property and one or more community 54 mental health and [retardation] intellectual disability facilities of 55 the city or county located thereon, a portion of the costs of which 56 facilities are eligible for state reimbursement in accordance with theS. 6793 50 1 provisions of article forty-one or article twenty-five of the mental 2 hygiene law or (ii) conveying to the corporation real property of the 3 city or county or an interest therein, for the purpose of causing to be 4 constructed, reconstructed, rehabilitated or improved thereon one or 5 more community mental health and [retardation] intellectual disability 6 facilities pursuant to this act, such community mental health and 7 [retardation] intellectual disability facilities to be made available to 8 such county or city for use and occupancy under lease, sublease or other 9 agreement upon such terms and conditions as may be agreed upon, includ- 10 ing terms and conditions relating to length of terms, maintenance and 11 repair of community mental health and [retardation] intellectual disa- 12 bility facilities during such term and the annual rentals to be paid 13 therefor for the use thereof. The corporation is hereby authorized to 14 accept any such lease or conveyance, to hold such real property, to 15 enter into a lease, sublease or other agreement with such city or county 16 for the purpose of making such community mental health and [retardation] 17 intellectual disability facility so acquired or to be constructed, 18 reconstructed, rehabilitated or improved thereon available for use and 19 occupancy by such city or county, and to lease or convey real property 20 so acquired to the New York state housing finance agency or the medical 21 care facilities finance agency, provided, however, that any such further 22 lease or conveyance shall be solely for the purpose of causing community 23 mental health and [retardation] intellectual disability facilities to be 24 acquired, constructed, reconstructed, rehabilitated or improved thereon, 25 such community mental health and [retardation] intellectual disability 26 facilities to be made available to such city or county for use and occu- 27 pancy under a lease, sublease or other agreement between the corporation 28 and such city or county, upon such terms and conditions as may be agreed 29 upon. No such lease or conveyance from the corporation to the New York 30 state housing finance agency or the state medical care facilities 31 finance agency shall be for a consideration in excess of the cost of 32 acquisition of such real property and the costs of improvements thereon. 33 The appropriate commissioner of the department, on behalf of his office, 34 and the director of the budget shall approve all leases, subleases or 35 agreements, whether between the corporation and such city or county or 36 between the corporation and the housing finance agency or the state 37 medical care facilities finance agency, and the appropriate commissioner 38 of the department shall be a party thereto. The appropriate division of 39 the office of [alcoholism and substance abuse] addiction services and 40 supports shall also approve all such leases, subleases or agreements 41 relating to the construction, reconstruction, rehabilitation or improve- 42 ment of community mental health and [retardation] intellectual disabili- 43 ty facilities, constituting alcoholism or substance abuse facilities for 44 use in an alcoholism or substance abuse treatment program as defined in 45 the mental hygiene law. 46 b. In the event that the corporation shall fail, within five years 47 after the date of such lease or conveyance, to construct, reconstruct, 48 rehabilitate or improve the community mental health and [retardation] 49 intellectual disability facility or facilities thereon for which such 50 lease or conveyance was made, or to cause the same to be done, as 51 provided for in a lease, sublease or other agreement entered into with 52 such city or county, then, subject to the terms of any lease, sublease 53 or other agreement undertaken by the New York state housing finance 54 agency or the state medical care facilities finance agency, with respect 55 thereto, such real property and any facilities thereon shall revert to 56 such city or county with right of re-entry thereupon, and such lease orS. 6793 51 1 deed shall be made subject to such condition of reverter and re-entry; 2 provided, however, that as a condition precedent to the exercise of such 3 right of re-entry, such city or county shall pay an amount equal to the 4 sum of the purchase price of such real property, the depreciated cost of 5 any facility or facilities constructed, reconstructed, rehabilitated or 6 improved thereon, and all other costs of the corporation or the New York 7 state housing finance agency or the state medical care facilities 8 finance agency incident to the costs of the acquisition of such real 9 property and the financing of construction, reconstruction, rehabili- 10 tation or improvement relating to such facility or facilities, all as 11 provided in the aforesaid lease, sublease or other agreement entered 12 into with such city or county. 13 c. No real property or interest therein shall be acquired by the 14 corporation pursuant to this subdivision unless title thereto shall have 15 been approved by the attorney general. 16 d. The attorney general shall pass upon the form and sufficiency and 17 manner of execution of any deed of conveyance and of any lease of real 18 property authorized to be given under this subdivision by any city or 19 county to the corporation, and any lease, sublease or agreement between 20 the corporation and a city or county, and the same shall not be effec- 21 tive unless such deed, lease, sublease or agreement shall be so approved 22 by him. 23 e. The cost of construction, acquisition, reconstruction, rehabili- 24 tation or improvement of community mental health and [retardation] 25 intellectual disability facilities undertaken by the corporation pursu- 26 ant to this act may include the cost of acquisition of any real property 27 leased or conveyed to the corporation pursuant to paragraph a of this 28 subdivision [six] and the cost of the original furnishing, equipment, 29 machinery and apparatus as determined by the corporation. 30 f. The provisions of this act shall not be deemed to prevent a city or 31 county from financing the cost of constructing, acquiring, reconstruct- 32 ing, rehabilitating or improving a community mental health and [retarda-33tion] intellectual disability facility by the issuance of bonds or capi- 34 tal notes of such city or county pursuant to the local finance law. 35 § 87. The fifth undesignated paragraph of section 2 of section 1 of 36 chapter 392 of the laws of 1973, constituting the New York state medical 37 care facilities finance agency act, as added by chapter 58 of the laws 38 of 1987, is amended to read as follows: 39 Prompt provision of well-equipped, modern hospitals, schools and other 40 facilities related to the care, maintenance and treatment of mentally 41 ill, [mentally retarded] intellectually disabled and developmentally 42 disabled persons is also needed in the state. In order to encourage the 43 investment of private capital in such hospitals, schools and other 44 mental health services facilities and to assure their timely 45 construction, acquisition, reconstruction, rehabilitation and improve- 46 ment, or the refinancing thereof, the New York state medical care facil- 47 ities finance agency should be empowered, through the issuance of its 48 bonds, notes or other obligations to the private investing public, to 49 obtain all or a portion of the funds necessary to finance the same and 50 to meet the needs of patients and staff at such facilities. 51 § 88. Subdivisions 4 and 6 of section 5-a of section 1 of chapter 392 52 of the laws of 1973, constituting the New York state medical care facil- 53 ities finance agency act, subdivision 4 as amended by chapter 389 of the 54 laws of 1987 and subdivision 6 as amended by chapter 672 of the laws of 55 2019, are amended to read as follows:S. 6793 52 1 4. As used in this section or in connection with a federally-aided 2 mortgage loan, the term "project" means a specific work or improvement, 3 whether or not to effectuate all or any part of a plan, and includes 4 lands, buildings, improvements, fixtures and personal property 5 constructed, acquired, reconstructed, refinanced, rehabilitated, 6 improved, managed, owned or operated by a non-profit corporation pursu- 7 ant to this section, to provide hospital, residential health care, resi- 8 dential facilities for the [mentally retarded] intellectually disabled 9 and developmentally disabled [or the mentally disabled] or for the care, 10 treatment, training and education of the [mentally retarded] intellectu- 11 ally disabled and developmentally disabled [or the mentally disabled] or 12 comprehensive health services facilities and such related incidental and 13 appurtenant facilities as the agency may approve. The term "project" 14 shall also mean a separate work or improvement, including lands, build- 15 ings, fixtures and personal property related thereto, managed, owned or 16 operated by a non-profit corporation pursuant to this section to provide 17 such services, functions, capabilities and facilities as may be conven- 18 ient or desirable for the operation of a hospital, a residential health 19 care or comprehensive health services facility. 20 6. As used in this section or in connection with federally-aided mort- 21 gage loan regarding residential facilities for the [mentally retarded] 22 intellectually disabled and developmentally disabled [or the mentally23disabled] or for the care, treatment, training and education of the 24 [mentally retarded] intellectually disabled and developmentally disabled 25 [or the mentally disabled] the term "commissioner" shall also mean the 26 commissioner of mental health or the commissioner of the office for 27 people with developmental disabilities. 28 § 89. Paragraph a of subdivision 1 of section 9-a of section 1 of 29 chapter 392 of the laws of 1973, constituting the New York state medical 30 care facilities finance agency act, as amended by chapter 166 of the 31 laws of 1991, is amended to read as follows: 32 a. "Mental health services facility" shall mean a building, a unit 33 within a building, a laboratory, a classroom, a housing unit, a dining 34 hall, an activities center, a library, real property of any kind or 35 description, or any structure on or improvement to real property of any 36 kind or description, including fixtures and equipment which may or may 37 not be an integral part of any such building, unit, structure or 38 improvement, a walkway, a roadway or a parking lot, and improvements and 39 connections for water, sewer, gas, electrical, telephone, heating, air 40 conditioning and other utility services, or a combination of any of the 41 foregoing, whether for patient care and treatment or staff, staff family 42 or service use, located at or related to any psychiatric center, any 43 developmental center, or any state psychiatric or research institute or 44 other facility now or hereafter established under the state department 45 of mental hygiene. A mental health services facility shall also mean and 46 include a residential care center for adults, a "community mental health 47 and [retardation] intellectual disability facility", and a state or 48 voluntary operated treatment facility for use in the conduct of an alco- 49 holism or substance abuse treatment program as defined in the mental 50 hygiene law, unless such residential care center for adults, community 51 mental health and [retardation] intellectual disability facility or 52 alcoholism or substance abuse facility is expressly excepted or the 53 context clearly requires otherwise. The definition contained in this 54 subdivision shall not be construed to exclude therefrom a facility, 55 whether or not owned or leased by a voluntary agency, to be made avail- 56 able under lease, or sublease, from the facilities development corpo-S. 6793 53 1 ration to a voluntary agency at the request of the commissioners of the 2 offices and directors of the divisions of the department of mental 3 hygiene having jurisdiction thereof for use in providing services in a 4 residential care center for adults, community mental health and [retar-5dation] intellectual disability services, or for use in the conduct of 6 an alcoholism or substance abuse treatment program. For purposes of this 7 section mental health services facility shall also mean mental hygiene 8 facility as defined in subdivision ten of section three of the facili- 9 ties development corporation act. 10 § 90. Paragraphs a and b of subdivision 7 of section 9-a of section 1 11 of chapter 392 of the laws of 1973, constituting the New York state 12 medical care facilities finance agency act, paragraph a as added by 13 chapter 58 of the laws of 1987 and paragraph b as amended by chapter 506 14 of the laws of 1997, are amended to read as follows: 15 a. The agency shall have the power to acquire by lease or deed from 16 the facilities development corporation any real property acquired by the 17 corporation pursuant to the provisions of subdivision six of section 18 nine of the facilities development corporation act (i) for the purpose 19 of constructing, reconstructing, rehabilitating or improving thereon one 20 or more community mental health and [retardation] intellectual disabili- 21 ty facilities or (ii) for the purpose of financing or refinancing the 22 acquisition, construction, reconstruction, rehabilitation or improvement 23 thereon of one or more community mental health and [retardation] intel- 24 lectual disability facilities, pursuant to the provisions of this act 25 and the facilities development corporation act. The agency is hereby 26 authorized to lease or sublease such real property and facilities there- 27 on to the corporation for the purpose of making the same available to a 28 city or a county not wholly within a city, for use and occupancy in 29 accordance with the provisions of a lease, sublease or other agreement 30 between the corporation and such city or county. 31 b. In the event that the agency shall fail, within five years after 32 the date of a lease or conveyance of such real property from property 33 from such city or county to the corporation, to construct, reconstruct, 34 rehabilitate or improve the community mental health and [retardation] 35 intellectual disability facility or facility thereon for which such 36 lease or conveyance was made, as provided for in a lease, sublease or 37 other financing agreement entered into by such city or county and the 38 corporation, then, subject to the terms of any lease, sublease or other 39 financing agreement undertaken by the agency, such real property and any 40 facilities thereon shall revert to the corporation with right of re-en- 41 try thereupon, and such lease or deed shall be made subject to such 42 condition of reverter and re-entry. Provided, however, that as a condi- 43 tion precedent to the exercise of such right of re-entry the corporation 44 shall pay to the agency an amount equal to the sum of the purchase price 45 of such real property, the depreciated cost of any community mental 46 health and [retardation] intellectual disability facility or facilities 47 constructed, reconstructed, rehabilitated or improved thereon and all 48 other costs of the agency incident to the acquisition of such lands and 49 the financing of construction, reconstruction, rehabilitation or 50 improvement relating to such community mental health and [retardation] 51 intellectual disability facility or facilities, all as provided in the 52 aforesaid lease, sublease or other financing agreement entered into with 53 the corporation. It is further provided that for the Corona unit of the 54 Bernard M. Fineson developmental disabilities services office, the 55 corporation may but is not required to pay to the agency an amount less 56 than or equal to the purchase price of the real property, the depreci-S. 6793 54 1 ated cost of sum of the community mental health and [retardation] intel- 2 lectual disability facility constructed, reconstructed, rehabilitated, 3 demolished or improved thereon and all other costs of the agency inci- 4 dent to the acquisition of such lands and the financing of construction, 5 reconstruction, rehabilitation, demolition or improvement relating to 6 such community mental health and [retardation] intellectual disability 7 facility, all as provided in the aforesaid lease, sublease or other 8 financing agreement entered into with the corporation. 9 § 91. The opening paragraph of subdivision m of section 17-306 of the 10 administrative code of the city of New York, as added by local law 11 number 34 of the city of New York for the year 1993, is amended to read 12 as follows: 13 "Disabled person". Any person who has or had a physical or mental 14 impairment that substantially limits one or more major life activities 15 and has a record of such an impairment. For the purposes of this subdi- 16 vision, "physical impairment" means a physiological disorder or condi- 17 tion, or anatomical loss affecting one or more of the following body 18 systems: neurological; musculoskeletal; special sense organs; respir- 19 atory, including speech organs; cardiovascular; genitourinary; hemic and 20 lymphatic; or skin and endocrine. It includes, but is not limited to, 21 such diseases and conditions as orthopedic, visual, speech and hearing 22 impairments, cerebral palsy, muscular dystrophy, and multiple sclerosis. 23 For the purposes of this subdivision, "mental impairment" means any 24 mental or psychological disorder such as [mental retardation] intellec- 25 tual disabilities, organic brain syndrome, emotional or mental illness, 26 and specific learning disabilities. For the purposes of this subdivi- 27 sion, "major life activities" means functions such as walking, seeing, 28 hearing and speaking. For the purposes of this subdivision, a record of 29 such an impairment shall be established by submission to the commission- 30 er of either: 31 § 92. Subdivision d of section 15 of the New York city charter, as 32 added by section 1 of proposition 5 of section 1 of the general election 33 of the city of New York held in the year 2001 and paragraph 2 as amended 34 by local law number 22 of the city of New York for the year 2002, is 35 amended to read as follows: 36 d. 1. The city of New York recognizes that services for people suffer- 37 ing from [mental retardation] intellectual disabilities and develop- 38 mental disabilities are provided by programs administered within a 39 number of different city agencies, as well as by non-governmental enti- 40 ties. The city of New York further recognizes the need for coordination 41 and cooperation among city agencies and between city agencies and non- 42 governmental entities that provide such services. 43 2. There shall be [mental retardation] intellectual disability and 44 developmental disability coordination within the office of operations. 45 In performing functions relating to such coordination, the office of 46 operations shall be authorized to: develop methods to: (i) improve the 47 coordination within and among city agencies that provide services to 48 people with [mental retardation] intellectual disabilities or develop- 49 mental disabilities, including but not limited to the department of 50 health and mental hygiene, the administration for children's services, 51 the human resources administration, department of youth and community 52 development, the department of juvenile justice, and the department of 53 employment, or the successors to such agencies, and the health and 54 hospitals corporation and the board of education; and (ii) facilitate 55 coordination between such agencies and non-governmental entities provid- 56 ing services to people with [mental retardation] intellectual disabili-S. 6793 55 1 ties or developmental disabilities; review state and federal programs 2 and legislative proposals that may affect people with [mental retarda-3tion] intellectual disabilities or developmental disabilities and 4 provide information and advice to the mayor regarding the impact of such 5 programs or legislation; recommend legislative proposals or other initi- 6 atives that will benefit people with [mental retardation] intellectual 7 disabilities or developmental disabilities; and perform such other 8 duties and functions as the mayor may request to assist people with 9 [mental retardation] intellectual disabilities or developmental disabil- 10 ities and their family members. 11 § 93. Section 550 of the New York city charter, as added by section 4 12 of proposition 5 of the general election of the city of New York held in 13 the year 2001, is amended to read as follows: 14 § 550. Definitions. When used in this chapter: the term "mentally 15 disabled" shall mean those with mental illness, [mental retardation] 16 intellectual disability, alcoholism, substance dependence or chemical 17 dependence as these terms are defined in section 1.03 of the mental 18 hygiene law; or any other mental illness or mental condition placed 19 under the jurisdiction of the department by the mayor; the term "provid- 20 er of services" shall mean an individual, association, corporation or 21 public or private agency which provides for the [mentally] intellectual- 22 ly disabled; and the term "services for the [mentally] intellectually 23 disabled" shall mean examination, diagnosis, care, treatment, rehabili- 24 tation, training, education, research, preventive services, referral, 25 residential services or domiciliary care of or for the [mentally] intel- 26 lectually disabled, not specifically limited by any other law. Notwith- 27 standing the foregoing, planning and programs for persons with substance 28 dependence or chemical dependence shall be conducted by the department, 29 and the department may act as a "local agency" to conduct substance 30 abuse programs and seek reimbursement therefore pursuant to provisions 31 of the mental hygiene law relating to funding for substance abuse 32 services, as deemed appropriate by the commissioner in recognition of 33 the programs currently administered by the New York state office of 34 [alcoholism and substance abuse] addiction services and supports or its 35 successor agency under article nineteen of the mental hygiene law. 36 § 94. Subdivision a of section 551 of the New York city charter, as 37 amended by local law number 22 of the city of New York for the year 38 2002, is amended to read as follows: 39 a. There shall be a department of health and mental hygiene, the head 40 of which shall be the commissioner of health and mental hygiene who 41 shall be appointed by the mayor. The department shall have and exercise 42 all powers of a local health department set forth in law. Notwithstand- 43 ing any other provision of this charter to the contrary, the department 44 shall be a social services district for purposes of the administration 45 of health-related public assistance programs to the extent agreed upon 46 by the department, the department of social services and the department 47 of homeless services. Appropriations to the department for mental 48 health, [mental retardation] intellectual disability and alcoholism 49 services shall be set forth in the expense budget in separate and 50 distinct units of appropriation. In determining the annual amount of 51 city funds to be appropriated by the city for mental health, [mental52retardation] intellectual disability and alcoholism services, the 53 following provision shall apply: in the event that the executive budget 54 proposes a decrease in city funds measured against the budget for the 55 current fiscal year, as modified in accordance with section one hundred 56 seven, for the units of appropriation for mental health, [mental retar-S. 6793 56 1dation] intellectual disability and alcoholism services, the executive 2 budget shall not propose a greater percentage decrease in city funds 3 measured against the budget for the current fiscal year, as modified in 4 accordance with section one hundred seven, for the units of appropri- 5 ation for mental health, [mental retardation] intellectual disability 6 and alcoholism services than has been proposed for the units of appro- 7 priation for public health services. If, however, in his or her 8 discretion, the mayor determines that it is in the city's best interest 9 to submit an executive budget at variance with the requirements of this 10 provision, the mayor shall include an explanation of the basis for this 11 variation as part of the budget message. 12 § 95. Section 552 of the New York city charter, as amended by section 13 6 of proposition 5 of the general election of the city of New York held 14 in the year 2001, is amended to read as follows: 15 § 552. Deputy commissioners. The commissioner may appoint deputy 16 commissioners, one of whom shall have the same qualifications as the 17 commissioner. There shall be at least two executive deputy commission- 18 ers, one of whom shall have the qualifications established pursuant to 19 the mental hygiene law for a director of community services of a local 20 governmental unit, and shall be the director within the department of 21 the division of mental hygiene services. Such division shall be and 22 shall exercise the powers of a local governmental unit for purposes of 23 the mental hygiene law, and the executive deputy commissioner heading 24 such division shall have the powers of a director of community services 25 of a local governmental unit as set forth in or pursuant to such law, 26 and shall report directly to the commissioner. In the exercise of such 27 powers, such executive deputy commissioner shall coordinate the fiscal 28 and programmatic administration of contracts awarded by the department 29 for mental health, [mental retardation] intellectual disability, and 30 alcoholism services. 31 § 96. Paragraph 2 of subdivision a of section 555 of the New York city 32 charter, as added by section 9 of proposition 5 of the general election 33 of the city of New York held in the year 2001, is amended to read as 34 follows: 35 (2) At the conclusion of the second year following the establishment 36 of the department pursuant to this section, and again at the conclusion 37 of the fourth year following such establishment, the mayor's office of 38 operations shall conduct a review and submit a report to the mayor 39 comparing such periods with the period preceding such establishment with 40 regard to the department's delivery of mental health, [mental retarda-41tion] intellectual disability and alcoholism and substance abuse 42 services, the access of consumers and their families to such services, 43 and the administration and oversight of contracts for the delivery of 44 such services. 45 § 97. The opening paragraph of subdivision b of section 556 of the New 46 York city charter, as added by section 11 of proposition 5 of the gener- 47 al election of the city of New York held in the year 2001, is amended to 48 read as follows: 49 Except as otherwise provided by law, the department shall have juris- 50 diction to regulate all matters affecting health in the city of New York 51 and to perform all those functions and operations performed by the city 52 that relate to the health of the people of the city, including but not 53 limited to the mental health, [mental retardation] intellectual disabil- 54 ity, alcoholism and substance abuse-related needs of the people of the 55 city. The jurisdiction of the department shall include but not be limit- 56 ed to the following:S. 6793 57 1 § 98. Paragraphs 3 and 6 of subdivision b of section 556 of the New 2 York city charter, as added by section 11 of proposition 5 of the gener- 3 al election of the city of New York held in the year 2001, are amended 4 to read as follows: 5 (3) engage in short-range, intermediate-range and long-range mental 6 hygiene planning that reflects the entire array of city needs in the 7 areas of mental health, [mental retardation] intellectual disability and 8 developmental disabilities and alcoholism and substance abuse services 9 within the department's jurisdiction; 10 (6) receive and expend funds made available for the purposes of 11 providing mental health, [mental retardation] intellectual disability 12 and developmental disability and alcoholism and substance abuse related 13 services; 14 § 99. Paragraph 1 of subdivision a of section 568 of the New York city 15 charter, as added by section 16 of proposition 5 of the general election 16 of the city of New York held in the year 2001, is amended to read as 17 follows: 18 (1) There shall be a mental hygiene advisory board which shall be 19 advisory to the commissioner and the deputy commissioner for mental 20 hygiene services in the development of community mental health, [mental21retardation] intellectual disability, alcoholism and substance abuse 22 facilities and services and programs related thereto. The board shall 23 have separate subcommittees for mental health, for [mental retardation] 24 intellectual disabilities and developmental disabilities, and for alco- 25 holism and substance abuse. The board and its subcommittees shall be 26 constituted and their appointive members appointed and removed in the 27 manner prescribed for a community services board by the provisions of 28 the mental hygiene law. Pursuant to the provisions of such law, such 29 members may be reappointed without limitation on the number of consec- 30 utive terms which they may serve. 31 § 100. This act shall take effect immediately; provided, however, 32 that: 33 (a) the amendments to subclause (iii) of clause (c) of subparagraph 4 34 of paragraph b of subdivision 1 of section 4402 of the education law 35 made by section nineteen of this act shall be subject to the expiration 36 and reversion of such clause pursuant to chapter 378 of the laws of 37 2007, as amended when upon such date the provisions of section twenty of 38 this act shall take effect; 39 (b) the amendments to section 41.40 of the mental hygiene law made by 40 section forty of this act shall not affect the expiration of such 41 section and shall be deemed to expire therewith; and 42 (c) the amendments to section 364-j of the social services law made by 43 section sixty-five of this act shall not affect the repeal of such 44 section and shall be deemed repealed therewith.
