S T A T E O F N E W Y O R K
________________________________________________________________________
5354--A
2009-2010 Regular Sessions
I N A S S E M B L Y
February 13, 2009
___________
Introduced by M. of A. P. RIVERA -- Multi-Sponsored by -- M. of A.
DESTITO -- read once and referred to the Committee on Mental Health,
Mental Retardation and Developmental Disabilities -- recommitted to
the Committee on Mental Health, Mental Retardation and Developmental
Disabilities in accordance with Assembly Rule 3, sec. 2 -- committee
discharged, bill amended, ordered reprinted as amended and recommitted
to said committee
AN ACT to amend the state finance law, in relation to establishing the
community mental hygiene services fund
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The state finance law is amended by adding a new section
95-h to read as follows:
S 95-H. COMMUNITY MENTAL HYGIENE SERVICES FUND. 1. THERE IS HEREBY
ESTABLISHED IN THE JOINT CUSTODY OF THE STATE COMPTROLLER AND THE
COMMISSIONER OF TAXATION AND FINANCE A FUND TO BE KNOWN AS THE "COMMUNI-
TY MENTAL HYGIENE SERVICES FUND".
2. (A) THE COMMUNITY MENTAL HYGIENE SERVICES FUND SHALL CONSIST OF ALL
REVENUE RECEIVED INTO THE MENTAL HEALTH SERVICES FUND - 304, DERIVED
FROM MENTAL HYGIENE ASSET SALES OR LEASES, INCLUDING THE SALE OF REAL
PROPERTY, IN EXCESS OF THE AMOUNTS NECESSARY TO COMPLY WITH THE STATUTO-
RY REQUIREMENTS AND BOND COVENANTS, AND ALL OTHER MONEY CREDITED OR
TRANSFERRED TO THE COMMUNITY MENTAL HYGIENE SERVICES FUND.
(B) IN ADDITION, SUCH FUND SHALL CONSIST OF ALL GENERAL FUND SAVINGS
RESULTING FROM DECREASES IN DEBT SERVICE OBLIGATIONS AND MAINTENANCE
COSTS.
3. (A) ON OR BEFORE APRIL THIRTIETH, TWO THOUSAND TWELVE AND ANNUALLY
THEREAFTER, THE COMPTROLLER SHALL PROVIDE TO THE GOVERNOR, THE TEMPORARY
PRESIDENT OF THE SENATE AND THE SPEAKER OF THE ASSEMBLY A FULL ACCOUNT-
ING OF ALL MENTAL HYGIENE ASSET SALES OR LEASES, INCLUDING THE SALE OF
REAL PROPERTY. SUCH ACCOUNTING SHALL INCLUDE, BUT NOT BE LIMITED TO, A
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06694-02-0
A. 5354--A 2
LISTING OF THE OUTSTANDING BONDS ON EACH SUCH MENTAL HYGIENE ASSET TO BE
SOLD OR LEASED, THE SALE OR LEASE PRICE OF EACH SUCH MENTAL HYGIENE
ASSET SOLD OR LEASED, AND A LISTING OF ALL REVENUE RECEIVED INTO THE
MENTAL HEALTH SERVICES FUND - 304, DERIVED FROM EACH SUCH MENTAL HYGIENE
ASSET SALE OR LEASE.
(B) ON OR BEFORE APRIL THIRTIETH, TWO THOUSAND TWELVE AND ANNUALLY
THEREAFTER, THE COMPTROLLER SHALL PROVIDE TO THE GOVERNOR, THE TEMPORARY
PRESIDENT OF THE SENATE AND THE SPEAKER OF THE ASSEMBLY THE ANNUAL DEBT
SERVICE SAVINGS, TO BE REALIZED THROUGH RETIRING BONDS RELATED TO THE
SALE OR CONVEYANCE OF MENTAL HYGIENE PROPERTIES, FOR EACH YEAR OF WHAT
WOULD HAVE BEEN THE LIFE OF THE BONDS. THE EXPECTED ANNUAL DEBT SERVICE
SAVINGS SHALL BE DETERMINED USING THE DEBT SERVICE SCHEDULE RELATED TO
EACH BOND SERIES. ANNUALLY THEREAFTER, THE COMPTROLLER SHALL CERTIFY TO
THE GOVERNOR, THE TEMPORARY PRESIDENT OF THE SENATE AND THE SPEAKER OF
THE ASSEMBLY THE ADDITIONAL DEBT SERVICE SAVINGS RELATED TO ANY BONDS
RETIRED BETWEEN APRIL FIRST OF THE PRIOR YEAR AND MARCH THIRTY-FIRST OF
THE YEAR BEING REPORTED.
4. SUBJECT TO APPROPRIATION BY THE LEGISLATURE, MONEYS DEPOSITED IN
THE COMMUNITY MENTAL HYGIENE SERVICES FUND AS SURPLUS REVENUES FROM
ASSET SALES SHALL BE AVAILABLE FOR CAPITAL PROJECTS, MONEY DEPOSITED
RESULTING FROM ANNUAL DEBT SERVICE SAVINGS SHALL BE EXPENDED FOR THE
OPERATING COSTS OF COMMUNITY-BASED NOT-FOR-PROFIT AND STATE OPERATED
PROGRAMS THROUGH AN OFFICE OF THE DEPARTMENT OF MENTAL HYGIENE. THESE
FUNDS SHALL NOT SUPPLANT FUNDS ALREADY BEING RECEIVED BY THE PROGRAMS.
MONEY SHALL BE PAID OUT OF THE FUND ON THE AUDIT AND WARRANT OF THE
STATE COMPTROLLER ON VOUCHERS CERTIFIED OR APPROVED BY AN OFFICE OF THE
DEPARTMENT OF MENTAL HYGIENE.
S 2. This act shall take effect immediately.