S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3313
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 30, 2023
                                ___________
 
 Introduced  by  Sen. SKOUFIS -- read twice and ordered printed, and when
   printed to be committed to the Committee on Disabilities
 
 AN ACT to amend the county law, the criminal procedure law, the legisla-
   tive law, the mental hygiene law, the private housing finance law, the
   public authorities law, the social services law and the New York state
   medical care facilities finance agency act, in relation  to  replacing
   the  terms "mentally retarded" and "mental retardation" with "develop-
   mentally disabled" and "developmental disability"
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 1 of section 707 of the county law, as added by
 chapter 1 of the laws of 1995, is amended to read as follows:
   1.  Notwithstanding any other provision of law to the contrary, upon a
 finding in an ex parte proceeding that expert  services  are  reasonably
 necessary  for  the  prosecution  of the case whether in connection with
 issues relating to guilt or sentencing or  that  investigative  services
 relating  to  a  separate  sentencing proceeding or [mental retardation]
 DEVELOPMENTAL DISABILITY hearing pursuant to section 400.27 of the crim-
 inal procedure law are  reasonably  necessary,  the  trial  court  shall
 authorize  the  payment  of fees and expenses for such services.  Upon a
 finding that timely procurement of such services could  not  practicably
 await  prior  authorization,  the  court may authorize the provision and
 payment for such services nunc pro tunc.
   § 2. Paragraph (b) of subdivision 9, paragraphs (a),  (b),  (c),  (d),
 (e)  and (f) of subdivision 12, paragraphs (a) and (c) of subdivision 13
 and the opening paragraph of paragraph (a) and paragraph (c) of subdivi-
 sion 14 of section 400.27 of the criminal procedure law,  paragraph  (b)
 of subdivision 9, paragraphs (a), (b), (c), (d), (e) and (f) of subdivi-
 sion 12 and paragraph (a) of subdivision 13 as added by chapter 1 of the
 laws  of 1995, paragraph (c) of subdivision 13 as amended by chapter 230
 of the laws of 2004 and the opening paragraph of paragraph (a) and para-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06636-02-3
              

 S. 3313                             2
 
 graph (c) of subdivision 14 as amended by section 9 of part LLL of chap-
 ter 59 of the laws of 2019, are amended to read as follows:
   (b)  The defendant was [mentally retarded] A PERSON WITH DEVELOPMENTAL
 DISABILITIES at the time of the crime, or the defendant's mental capaci-
 ty was impaired or his ability to conform his conduct  to  the  require-
 ments  of  law  was  impaired  but  not so impaired in either case as to
 constitute a defense to prosecution;
   (a) Upon the conviction of a defendant for the offense  of  murder  in
 the  first  degree  as  defined  in section 125.27 of the penal law, the
 court shall, upon oral or written motion of the defendant based  upon  a
 showing  that there is reasonable cause to believe that the defendant is
 [mentally retarded] A PERSON WITH DEVELOPMENTAL  DISABILITIES,  promptly
 conduct  a  hearing without a jury to determine whether the defendant is
 [mentally retarded] A PERSON WITH DEVELOPMENTAL DISABILITIES.  Upon  the
 consent  of  both  parties, such a hearing, or a portion thereof, may be
 conducted by the court contemporaneously with  the  separate  sentencing
 proceeding  in  the  presence  of the sentencing jury, which in no event
 shall be the trier of fact with respect to the hearing. At such  hearing
 the defendant has the burden of proof by a preponderance of the evidence
 that  he or she is [mentally retarded] A PERSON WITH DEVELOPMENTAL DISA-
 BILITIES. The court shall defer rendering any finding pursuant  to  this
 subdivision  as to whether the defendant is [mentally retarded] A PERSON
 WITH DEVELOPMENTAL DISABILITIES until a sentence is imposed pursuant  to
 this section.
   (b)  In  the event the defendant is sentenced pursuant to this section
 to life imprisonment without parole or to a term of imprisonment for the
 class A-I felony of murder in the first degree other than a sentence  of
 life  imprisonment  without parole, the court shall not render a finding
 with respect to whether the defendant is [mentally  retarded]  A  PERSON
 WITH DEVELOPMENTAL DISABILITIES.
   (c)  In  the event the defendant is sentenced pursuant to this section
 to death, the court shall thereupon render a  finding  with  respect  to
 whether the defendant is [mentally retarded] A PERSON WITH DEVELOPMENTAL
 DISABILITIES.  If the court finds the defendant is [mentally retarded] A
 PERSON WITH DEVELOPMENTAL DISABILITIES, the court shall  set  aside  the
 sentence of death and sentence the defendant either to life imprisonment
 without  parole or to a term of imprisonment for the class A-I felony of
 murder in the first degree other than a sentence  of  life  imprisonment
 without  parole.  If  the  court  finds  the  defendant is not [mentally
 retarded] A PERSON WITH DEVELOPMENTAL DISABILITIES, then  such  sentence
 of death shall not be set aside pursuant to this subdivision.
   (d)  In the event that a defendant is convicted of murder in the first
 degree pursuant to subparagraph (iii) of paragraph  (a)  of  subdivision
 one  of  section 125.27 of the penal law, and the killing occurred while
 the defendant was confined or under  custody  in  a  state  correctional
 facility  or  local correctional institution, and a sentence of death is
 imposed, such sentence may not be set aside pursuant to this subdivision
 upon the ground that the defendant is [mentally retarded] A PERSON  WITH
 DEVELOPMENTAL  DISABILITIES.  Nothing in this paragraph or paragraph (a)
 of this subdivision shall preclude a defendant from presenting  mitigat-
 ing  evidence  of  [mental  retardation] DEVELOPMENTAL DISABILITY at the
 separate sentencing proceeding.
   (e) The foregoing provisions of this subdivision notwithstanding, at a
 reasonable time prior to the commencement of trial  the  defendant  may,
 upon a written motion alleging reasonable cause to believe the defendant
 is  [mentally  retarded] A PERSON WITH DEVELOPMENTAL DISABILITIES, apply
 S. 3313                             3
 
 for an order directing that a [mental retardation]  DEVELOPMENTAL  DISA-
 BILITY  hearing  be  conducted  prior  to  trial. If, upon review of the
 defendant's motion and any response thereto, the court finds  reasonable
 cause  to  believe  the  defendant  is [mentally retarded] A PERSON WITH
 DEVELOPMENTAL DISABILITIES, it shall promptly conduct a hearing  without
 a  jury  to  determine  whether  the  defendant is [mentally retarded] A
 PERSON WITH DEVELOPMENTAL DISABILITIES. In the  event  the  court  finds
 after the hearing that the defendant is not [mentally retarded] A PERSON
 WITH  DEVELOPMENTAL  DISABILITIES, the court must, prior to commencement
 of trial, enter an order so stating, but nothing in this paragraph shall
 preclude a defendant from  presenting  mitigating  evidence  of  [mental
 retardation]  DEVELOPMENTAL DISABILITY at a separate sentencing proceed-
 ing. In the event the court finds after the hearing that the  defendant,
 based  upon  a  preponderance  of the evidence, is [mentally retarded] A
 PERSON  WITH  DEVELOPMENTAL  DISABILITIES,  the  court  must,  prior  to
 commencement  of  trial,  enter an order so stating. Unless the order is
 reversed on an appeal by the people or unless the  provisions  of  para-
 graph  (d)  of  this subdivision apply, a separate sentencing proceeding
 under this section shall not be conducted if the defendant is thereafter
 convicted of murder in  the  first  degree.  In  the  event  a  separate
 sentencing  proceeding is not conducted, the court, upon conviction of a
 defendant for the crime of murder in the first  degree,  shall  sentence
 the  defendant  to  life imprisonment without parole or to a sentence of
 imprisonment for the class A-I felony of  murder  in  the  first  degree
 other  than  a sentence of life imprisonment without parole.  Whenever a
 [mental retardation] DEVELOPMENTAL DISABILITY  hearing  is  held  and  a
 finding  is  rendered  pursuant  to  this  paragraph,  the court may not
 conduct a hearing pursuant to paragraph (a)  of  this  subdivision.  For
 purposes  of  this  subdivision and paragraph (b) of subdivision nine of
 this section, ["mental retardation"]  "DEVELOPMENTAL  DISABILITY"  means
 significantly   subaverage  general  intellectual  functioning  existing
 concurrently with deficits in adaptive behavior  which  were  manifested
 before the age of eighteen.
   (f)  In  the event the court enters an order pursuant to paragraph (e)
 of this subdivision finding that the defendant is [mentally retarded]  A
 PERSON  WITH  DEVELOPMENTAL  DISABILITIES,  the  people may appeal as of
 right from the order pursuant to subdivision ten of  section  450.20  of
 this  chapter.  Upon  entering  such  an order the court must afford the
 people a reasonable period of time, which shall not  be  less  than  ten
 days, to determine whether to take an appeal from the order finding that
 the  defendant  is [mentally retarded] A PERSON WITH DEVELOPMENTAL DISA-
 BILITIES. The taking of an appeal by the people stays the  effectiveness
 of  the  court's order and any order fixing a date for trial. Within six
 months of the effective date of this subdivision, the court  of  appeals
 shall  adopt rules to ensure that appeals pursuant to this paragraph are
 expeditiously perfected, reviewed and determined so that pretrial delays
 are minimized. Prior to adoption of the  rules,  the  court  of  appeals
 shall  issue  proposed  rules  and receive written comments thereon from
 interested parties.
   (a) As used in this subdivision, the term "psychiatric evidence" means
 evidence of mental disease,  defect  or  condition  in  connection  with
 either a mitigating factor defined in this section or a [mental retarda-
 tion]  DEVELOPMENTAL  DISABILITY  hearing pursuant to this section to be
 offered by a psychiatrist, psychologist or other person who has received
 training, or education, or has experience relating  to  the  identifica-
 S. 3313                             4
 
 tion,  diagnosis,  treatment  or  evaluation  of  mental disease, mental
 defect or mental condition.
   (c)  When  a defendant serves notice pursuant to this subdivision, the
 district attorney may make application, upon notice  to  the  defendant,
 for  an order directing that the defendant submit to an examination by a
 psychiatrist, licensed psychologist, or licensed clinical social  worker
 designated  by  the  district  attorney,  for  the  purpose of rebutting
 evidence offered by the defendant with  respect  to  a  mental  disease,
 defect,  or  condition  in  connection  with  either a mitigating factor
 defined in this section, including  whether  the  defendant  was  acting
 under  duress,  was  mentally  or  emotionally  disturbed  or  [mentally
 retarded] WAS A PERSON WITH DEVELOPMENTAL DISABILITIES, or was under the
 influence of alcohol or any drug. If the  application  is  granted,  the
 district  attorney  shall schedule a time and place for the examination,
 which shall be recorded. Counsel for the people and the defendant  shall
 have  the  right  to  be present at the examination. A transcript of the
 examination shall be made available to the defendant  and  the  district
 attorney  promptly  after  its conclusion.   The district attorney shall
 promptly serve on the defendant a written copy of the findings and eval-
 uation of the examiner. If  the  court  finds  that  the  defendant  has
 wilfully  refused  to cooperate fully in an examination pursuant to this
 paragraph, it shall, upon request of the district attorney, instruct the
 jury that the defendant did not submit to or  cooperate  fully  in  such
 psychiatric examination. When a defendant is subjected to an examination
 pursuant  to  an  order  issued in accordance with this subdivision, any
 statement made by the defendant for the purpose of the examination shall
 be inadmissible in evidence  against  him  in  any  criminal  action  or
 proceeding  on  any issue other than that of whether a mitigating factor
 has been established or whether the defendant is [mentally  retarded]  A
 PERSON WITH DEVELOPMENTAL DISABILITIES, but such statement is admissible
 upon  such an issue whether or not it would otherwise be deemed a privi-
 leged communication.
   At a reasonable time prior to the sentencing proceeding or  a  [mental
 retardation] DEVELOPMENTAL DISABILITY hearing:
   (c)  If,  after  complying  with  the provisions of this section or an
 order pursuant thereto, a party finds either before or during a sentenc-
 ing proceeding or [mental retardation] DEVELOPMENTAL DISABILITY hearing,
 additional material subject to discovery or covered by court order,  the
 party shall promptly make disclosure or apply for a protective order.
   §  3.  Subdivision 10 of section 450.20 of the criminal procedure law,
 as added by chapter 1 of the  laws  of  1995,  is  amended  to  read  as
 follows:
   10.  An order, entered pursuant to paragraph (e) of subdivision twelve
 of section 400.27, finding that the defendant is [mentally  retarded]  A
 PERSON WITH DEVELOPMENTAL DISABILITIES.
   §  4.  That portion of subdivision 1 of section 5-a of the legislative
 law entitled "ASSEMBLYMEN SERVING IN SPECIAL CAPACITY",  as  amended  by
 section  3  of  part XX of chapter 56 of the laws of 2009, is amended to
 read as follows:
 
                  ASSEMBLYMEN SERVING IN SPECIAL CAPACITY

 Chairman of assembly ways and means committee ................... 34,000
 Ranking minority member of assembly ways and means
 S. 3313                             5
 
  committee ...................................................... 20,500
 Chairman of assembly judiciary committee ........................ 18,000
 Ranking minority member of assembly judiciary
  committee ...................................................... 11,000
 Chairman of assembly codes committee ............................ 18,000
 Ranking minority member of assembly codes
  committee ...................................................... 11,000
 Chairman of assembly banks committee ............................ 15,000
 Ranking minority member of assembly banks committee .............. 9,500
 Chairman of assembly committee on cities ........................ 15,000
 Ranking minority member of assembly committee on cities .......... 9,500
 Chairman of assembly education committee ........................ 18,000
 Ranking minority member of assembly education committee ......... 11,000
 Chairman of assembly health committee ........................... 15,000
 Ranking minority member of assembly health committee ............. 9,500
 Chairman of assembly local governments committee ................ 15,000
 Ranking minority member of assembly local governments
  committee ....................................................... 9,500
 Chairman of assembly agriculture committee ...................... 12,500
 Ranking minority member of assembly agriculture committee ........ 9,000
 Chairman of assembly economic development, job creation,
  commerce and industry committee ................................ 18,000
 Ranking minority member of assembly economic development,
  job creation, commerce and industry committee .................. 11,000
 Chairman of assembly environmental conservation committee ....... 12,500
 Ranking minority member of assembly environmental
  conservation committee .......................................... 9,000
 Chairman of assembly corporations, authorities
  and commissions committee ...................................... 15,000
 Ranking minority member of assembly corporations,
  authorities, and commissions committee .......................... 9,500
 Chairman of assembly correction committee ....................... 12,500
 Ranking minority member of assembly correction committee ......... 9,000
 Chairman of assembly ethics and guidance committee .............. 12,500
 Ranking minority member of assembly ethics and guidance
  committee ....................................................... 9,000
 Chairman of assembly governmental employees committee ........... 12,500
 Ranking minority member of assembly governmental
  employees committee ............................................. 9,000
 Chairman of assembly governmental operations committee .......... 12,500
 Ranking minority member of assembly governmental
  operations committee ............................................ 9,000
 Chairman of assembly housing committee .......................... 12,500
 Ranking minority member of assembly housing committee ............ 9,000
 Chairman of assembly insurance committee ........................ 12,500
 Ranking minority member of assembly insurance committee .......... 9,000
 Chairman of assembly labor committee ............................ 14,000
 Ranking minority member of assembly labor committee .............. 9,000
 Chairman of assembly racing and wagering committee .............. 12,500
 Ranking minority member of assembly racing and wagering
  committee ....................................................... 9,000
 Chairman of assembly social services committee .................. 12,500
 Ranking minority member of assembly social services
  committee ....................................................... 9,000
 Chairman of assembly small business committee ................... 12,500
 Ranking minority member of assembly small business
 S. 3313                             6
 
  committee ....................................................... 9,000
 Chairman of assembly transportation committee ................... 15,000
 Ranking minority member of assembly transportation
  committee ....................................................... 9,500
 Chairman of assembly veterans' affairs committee ................ 12,500
 Ranking minority member of assembly veterans' affairs
  committee ....................................................... 9,000
 Chairman of assembly aging committee ............................ 12,500
 Ranking minority member of assembly aging committee .............. 9,000
 Chairman of the assembly alcoholism and drug abuse
  committee ...................................................... 12,500
 Ranking minority member of the assembly
  alcoholism and drug abuse committee ............................. 9,000
 Chairman of assembly committee on mental health[,
  mental retardation and developmental disabilities] ............. 12,500
 Ranking minority member of assembly committee on mental health[,
  mental retardation and developmental disabilities] .............. 9,000
 Chairman of assembly higher education committee ................. 12,500
 Ranking minority member of assembly higher education
  committee ....................................................... 9,000
 Chairman of assembly real property taxation committee ........... 12,500
 Ranking minority member of assembly real property
  taxation committee .............................................. 9,000
 Chairman of assembly election law committee ..................... 12,500
 Ranking minority member of assembly election
  law committee ................................................... 9,000
 Chairman of assembly children and families committee ............ 12,500
 Ranking minority member of assembly children
  and families committee .......................................... 9,000
 Chairman of assembly consumer affairs and protection
  committee ...................................................... 12,500
 Ranking minority member of assembly consumer affairs and
  protection committee ............................................ 9,000
 Chairman of the assembly energy committee ....................... 12,500
 Ranking minority member of assembly energy committee ............. 9,000
 Chairman of assembly tourism, parks, arts and sports development
  committee ...................................................... 12,500
 Ranking minority member of assembly tourism, parks, arts and
  sports development committee .................................... 9,000
 Chairman of assembly oversight, analysis and investigation
  committee ...................................................... 12,500
 Ranking minority member of assembly oversight,
  analysis and investigation committee ............................ 9,000
 Chairman of assembly office of state-federal relations .......... 12,500
 Chairman of majority house operations ........................... 12,500
 Chairman of minority house operations ............................ 9,000
 Co-chairman of the administrative regulations review
  commission ..................................................... 12,500
 
   § 5. Paragraph a of subdivision 1 of section 47-b of the private hous-
 ing  finance  law,  as  amended  by  chapter 479 of the laws of 2022, is
 amended to read as follows:
   a. "Community mental health and developmental  disabilities  facility"
 shall  mean a building, a unit within a building, a laboratory, a class-
 room, a housing unit, a dining hall, an activities center, a library, or
 any structure on  or  improvement  to  real  property  of  any  kind  or
 S. 3313                             7
 
 description, including fixtures and equipment which are an integral part
 of such building, unit or structure or improvement, a walkway, a roadway
 or a parking lot and improvements and connections for water, sewer, gas,
 electrical,  telephone,  heating,  air  conditioning  and  other utility
 services, or a combination of any of the foregoing, whether for  patient
 care  and  treatment or staff, staff family or service use, located in a
 city, or in a county not wholly included within a  city,  authorized  to
 provide   community  mental  health  services  in  accordance  with  the
 provisions of article forty-one of title E of the  mental  hygiene  law,
 which  is  utilized or to be utilized for the administration and conduct
 of programs for people living with either  mental  illness  or  develop-
 mental  disabilities,  or both, and for the provision of services there-
 for. A community mental health and [retardation] DEVELOPMENTAL DISABILI-
 TIES facility shall also mean and include a residential facility  to  be
 operated  as  a  community  residence  for  the mentally disabled, and a
 treatment facility for use in the conduct  of  an  alcoholism  treatment
 program  or  of  a  substance  abuse treatment program as defined in the
 mental hygiene law.
   § 6. An undesignated paragraph of paragraph (b) of  subdivision  2  of
 section  1676  of the public authorities law, as added by chapter 433 of
 the laws of 1988, is amended to read as follows:
   New Hope  Community,  Inc.,  a  not-for-profit  corporation,  for  the
 financing,  construction  and  development  of  residences for [mentally
 retarded and developmentally disabled] adults WITH A DEVELOPMENTAL DISA-
 BILITY on forty acres of land  purchased  from  Leon  and  Dave  Scharf,
 d.b.a.  New Hope Rehabilitation Center, located on State Route 52 in the
 Town of Fallsburg, to replace existing residential  facilities  operated
 by New Hope Rehabilitation Center.
   §  7.  An  undesignated paragraph of paragraph (b) of subdivision 2 of
 section 1676 of the public authorities law, as added by chapter  384  of
 the laws of 1998, is amended to read as follows:
   Terence  Cardinal  Cooke  Health Care Center for the, financing, refi-
 nancing, construction, reconstruction, renovation, development, improve-
 ment, expansion, and equipping of facilities to  serve  aged,  disabled,
 AND  chronically  impaired, [mentally retarded and developmentally disa-
 bled persons] AND PERSONS WHO HAVE A DEVELOPMENTAL DISABILITY.
   § 8. An undesignated paragraph of subdivision 1 of section 1680 of the
 public authorities law, as added by chapter 433 of the laws of 1988,  is
 amended to read as follows:
   New  Hope  Community,  Inc.,  a  not-for-profit  corporation,  for the
 financing, construction and  development  of  residences  for  [mentally
 retarded and developmentally disabled] adults WITH A DEVELOPMENTAL DISA-
 BILITY  on  forty  acres  of  land  purchased from Leon and Dave Scharf,
 d.b.a. New Hope Rehabilitation Center, located on State Route 52 in  the
 Town  of  Fallsburg, to replace existing residential facilities operated
 by New Hope Rehabilitation Center.
   § 9. An undesignated paragraph of subdivision 1 of section 1680 of the
 public authorities law, as added by chapter 384 of the laws of 1998,  is
 amended to read as follows:
   Terence Cardinal Cooke Health Care Center for the financing, refinanc-
 ing, construction, reconstruction, renovation, development, improvement,
 expansion,  and  equipping  of  facilities  to serve aged, disabled, AND
 chronically impaired, [mentally retarded  and  developmentally  disabled
 persons] AND PERSONS WHO HAVE A DEVELOPMENTAL DISABILITY.
 S. 3313                             8
 
   §  10.  Paragraph  (e) of subdivision 6 of section 384-b of the social
 services law, as amended by chapter 691 of the laws of 1991, is  amended
 to read as follows:
   (e)  In  every  proceeding upon a ground set forth in paragraph (c) of
 subdivision four the judge shall order the parent to be examined by, and
 shall take the testimony of, a qualified psychiatrist or a  psychologist
 licensed  pursuant  to  article one hundred fifty-three of the education
 law as defined in section 730.10 of the criminal procedure  law  in  the
 case  of a parent alleged to be mentally ill or [retarded] A PERSON WITH
 DEVELOPMENTAL DISABILITIES, such  psychologist  or  psychiatrist  to  be
 appointed  by the court pursuant to section thirty-five of the judiciary
 law. The parent and the authorized agency shall have the right to submit
 other psychiatric, psychological or  medical  evidence.  If  the  parent
 refuses  to  submit  to such court-ordered examination, or if the parent
 renders himself OR HERSELF unavailable therefor whether before or  after
 the initiation of a proceeding under this section, by departing from the
 state  or  by  concealing  himself  OR  HERSELF  therein,  the appointed
 psychologist or psychiatrist, upon the basis of other available informa-
 tion, including, but not limited to, agency, hospital or clinic records,
 may testify without an examination of such parent,  provided  that  such
 other information affords a reasonable basis for his OR HER opinion.
   §  11. Paragraphs a and b of subdivision 7 of section 9-a of section 1
 of chapter 392 of the laws of 1973,  constituting  the  New  York  state
 medical  care  facilities  finance  agency  act, paragraph a as added by
 chapter 58 of the laws of 1987 and paragraph b as amended by chapter 506
 of the laws of 1997, are amended to read as follows:
   a. The agency shall have the power to acquire by lease  or  deed  from
 the facilities development corporation any real property acquired by the
 corporation  pursuant  to  the  provisions of subdivision six of section
 nine of the facilities development corporation act (i) for  the  purpose
 of constructing, reconstructing, rehabilitating or improving thereon one
 or more community mental health and [retardation] DEVELOPMENTAL DISABIL-
 ITIES facilities or (ii) for the purpose of financing or refinancing the
 acquisition, construction, reconstruction, rehabilitation or improvement
 thereon  of one or more community mental health and [retardation] DEVEL-
 OPMENTAL DISABILITIES facilities, pursuant to the provisions of this act
 and the facilities development corporation act.   The agency  is  hereby
 authorized to lease or sublease such real property and facilities there-
 on  to the corporation for the purpose of making the same available to a
 city or a county not wholly within a city,  for  use  and  occupancy  in
 accordance  with  the provisions of a lease, sublease or other agreement
 between the corporation and such city or county.
   b. In the event that the agency shall fail, within  five  years  after
 the  date  of  a lease or conveyance of such real property from property
 from such city or county to the corporation, to construct,  reconstruct,
 rehabilitate  or  improve  the community mental health and [retardation]
 DEVELOPMENTAL DISABILITIES facility or facility thereon for  which  such
 lease  or  conveyance  was made, as provided for in a lease, sublease or
 other financing agreement entered into by such city or  county  and  the
 corporation,  then, subject to the terms of any lease, sublease or other
 financing agreement undertaken by the agency, such real property and any
 facilities thereon shall revert to the corporation with right of  re-en-
 try  thereupon,  and  such  lease  or deed shall be made subject to such
 condition of reverter and re-entry. Provided, however, that as a  condi-
 tion precedent to the exercise of such right of re-entry the corporation
 shall pay to the agency an amount equal to the sum of the purchase price
 S. 3313                             9
 
 of  such  real  property,  the  depreciated cost of any community mental
 health and [retardation] DEVELOPMENTAL DISABILITIES facility or  facili-
 ties  constructed,  reconstructed, rehabilitated or improved thereon and
 all  other costs of the agency incident to the acquisition of such lands
 and the financing of  construction,  reconstruction,  rehabilitation  or
 improvement  relating  to such community mental health and [retardation]
 DEVELOPMENTAL DISABILITIES facility or facilities, all  as  provided  in
 the  aforesaid lease, sublease or other financing agreement entered into
 with the corporation. It is further provided that for the Corona unit of
 the Bernard M. Fineson developmental disabilities services  office,  the
 corporation  may but is not required to pay to the agency an amount less
 than or equal to the purchase price of the real property,  the  depreci-
 ated  cost  of  THE sum of the community mental health and [retardation]
 DEVELOPMENTAL DISABILITIES facility constructed, reconstructed, rehabil-
 itated, demolished or improved thereon and all other costs of the agency
 incident  to  the  acquisition  of  such  lands  and  the  financing  of
 construction,  reconstruction, rehabilitation, demolition or improvement
 relating to such community mental health and [retardation] DEVELOPMENTAL
 DISABILITIES facility, all as provided in the aforesaid lease,  sublease
 or other financing agreement entered into with the corporation.
   § 12. This act shall take effect immediately; provided, however, that:
   (a)  the  amendments  to an undesignated paragraph of paragraph (b) of
 subdivision 2 of section 1676 of the  public  authorities  law  made  by
 section seven of this act shall not affect the expiration of such undes-
 ignated paragraph and shall be deemed repealed therewith; and
   (b)  the  amendments  to an undesignated paragraph of subdivision 1 of
 section 1680 of the public authorities law made by section nine of  this
 act  shall  not affect the expiration of such undesignated paragraph and
 shall be deemed repealed therewith.

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  3313--A
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 30, 2023
                                ___________
 
 Introduced  by  Sen. SKOUFIS -- read twice and ordered printed, and when
   printed to be committed to the Committee on Disabilities --  committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee
 
 AN  ACT  to  amend the legislative law, the private housing finance law,
   the public authorities law and the New York state medical care facili-
   ties finance agency act, in relation to replacing the terms  "mentally
   retarded" and "mental retardation" and variants thereof with "develop-
   mentally disabled" and "developmental disability"
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1.  That portion of subdivision 1 of section 5-a of the legis-
 lative law  entitled  "ASSEMBLYMEN  SERVING  IN  SPECIAL  CAPACITY",  as
 amended  by  section  3 of part XX of chapter 56 of the laws of 2009, is
 amended to read as follows:
 
                  ASSEMBLYMEN SERVING IN SPECIAL CAPACITY
 
 Chairman of assembly ways and means committee ................... 34,000
 Ranking minority member of assembly ways and means
  committee ...................................................... 20,500
 Chairman of assembly judiciary committee ........................ 18,000
 Ranking minority member of assembly judiciary
  committee ...................................................... 11,000
 Chairman of assembly codes committee ............................ 18,000
 Ranking minority member of assembly codes
  committee ...................................................... 11,000
 Chairman of assembly banks committee ............................ 15,000
 Ranking minority member of assembly banks committee .............. 9,500
 Chairman of assembly committee on cities ........................ 15,000
 Ranking minority member of assembly committee on cities .......... 9,500
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06636-03-3
              

 S. 3313--A                          2
 
 Chairman of assembly education committee ........................ 18,000
 Ranking minority member of assembly education committee ......... 11,000
 Chairman of assembly health committee ........................... 15,000
 Ranking minority member of assembly health committee ............. 9,500
 Chairman of assembly local governments committee ................ 15,000
 Ranking minority member of assembly local governments
  committee ....................................................... 9,500
 Chairman of assembly agriculture committee ...................... 12,500
 Ranking minority member of assembly agriculture committee ........ 9,000
 Chairman of assembly economic development, job creation,
  commerce and industry committee ................................ 18,000
 Ranking minority member of assembly economic development,
  job creation, commerce and industry committee .................. 11,000
 Chairman of assembly environmental conservation committee ....... 12,500
 Ranking minority member of assembly environmental
  conservation committee .......................................... 9,000
 Chairman of assembly corporations, authorities
  and commissions committee ...................................... 15,000
 Ranking minority member of assembly corporations,
  authorities, and commissions committee .......................... 9,500
 Chairman of assembly correction committee ....................... 12,500
 Ranking minority member of assembly correction committee ......... 9,000
 Chairman of assembly ethics and guidance committee .............. 12,500
 Ranking minority member of assembly ethics and guidance
  committee ....................................................... 9,000
 Chairman of assembly governmental employees committee ........... 12,500
 Ranking minority member of assembly governmental
  employees committee ............................................. 9,000
 Chairman of assembly governmental operations committee .......... 12,500
 Ranking minority member of assembly governmental
  operations committee ............................................ 9,000
 Chairman of assembly housing committee .......................... 12,500
 Ranking minority member of assembly housing committee ............ 9,000
 Chairman of assembly insurance committee ........................ 12,500
 Ranking minority member of assembly insurance committee .......... 9,000
 Chairman of assembly labor committee ............................ 14,000
 Ranking minority member of assembly labor committee .............. 9,000
 Chairman of assembly racing and wagering committee .............. 12,500
 Ranking minority member of assembly racing and wagering
  committee ....................................................... 9,000
 Chairman of assembly social services committee .................. 12,500
 Ranking minority member of assembly social services
  committee ....................................................... 9,000
 Chairman of assembly small business committee ................... 12,500
 Ranking minority member of assembly small business
  committee ....................................................... 9,000
 Chairman of assembly transportation committee ................... 15,000
 Ranking minority member of assembly transportation
  committee ....................................................... 9,500
 Chairman of assembly veterans' affairs committee ................ 12,500
 Ranking minority member of assembly veterans' affairs
  committee ....................................................... 9,000
 Chairman of assembly aging committee ............................ 12,500
 Ranking minority member of assembly aging committee .............. 9,000
 Chairman of the assembly alcoholism and drug abuse
 S. 3313--A                          3
 
  committee ...................................................... 12,500
 Ranking minority member of the assembly
  alcoholism and drug abuse committee ............................. 9,000
 Chairman of assembly committee on mental health[,
  mental retardation and developmental disabilities] ............. 12,500
 Ranking minority member of assembly committee on mental health[,
  mental retardation and developmental disabilities] .............. 9,000
 Chairman of assembly higher education committee ................. 12,500
 Ranking minority member of assembly higher education
  committee ....................................................... 9,000
 Chairman of assembly real property taxation committee ........... 12,500
 Ranking minority member of assembly real property
  taxation committee .............................................. 9,000
 Chairman of assembly election law committee ..................... 12,500
 Ranking minority member of assembly election
  law committee ................................................... 9,000
 Chairman of assembly children and families committee ............ 12,500
 Ranking minority member of assembly children
  and families committee .......................................... 9,000
 Chairman of assembly consumer affairs and protection
  committee ...................................................... 12,500
 Ranking minority member of assembly consumer affairs and
  protection committee ............................................ 9,000
 Chairman of the assembly energy committee ....................... 12,500
 Ranking minority member of assembly energy committee ............. 9,000
 Chairman of assembly tourism, parks, arts and sports development
  committee ...................................................... 12,500
 Ranking minority member of assembly tourism, parks, arts and
  sports development committee .................................... 9,000
 Chairman of assembly oversight, analysis and investigation
  committee ...................................................... 12,500
 Ranking minority member of assembly oversight,
  analysis and investigation committee ............................ 9,000
 Chairman of assembly office of state-federal relations .......... 12,500
 Chairman of majority house operations ........................... 12,500
 Chairman of minority house operations ............................ 9,000
 Co-chairman of the administrative regulations review
  commission ..................................................... 12,500
 
   § 2. Paragraph a of subdivision 1 of section 47-b of the private hous-
 ing  finance  law,  as  amended  by  chapter 479 of the laws of 2022, is
 amended to read as follows:
   a. "Community mental health and developmental  disabilities  facility"
 shall  mean a building, a unit within a building, a laboratory, a class-
 room, a housing unit, a dining hall, an activities center, a library, or
 any structure on  or  improvement  to  real  property  of  any  kind  or
 description, including fixtures and equipment which are an integral part
 of such building, unit or structure or improvement, a walkway, a roadway
 or a parking lot and improvements and connections for water, sewer, gas,
 electrical,  telephone,  heating,  air  conditioning  and  other utility
 services, or a combination of any of the foregoing, whether for  patient
 care  and  treatment or staff, staff family or service use, located in a
 city, or in a county not wholly included within a  city,  authorized  to
 provide   community  mental  health  services  in  accordance  with  the
 provisions of article forty-one of title E of the  mental  hygiene  law,
 which  is  utilized or to be utilized for the administration and conduct
 S. 3313--A                          4

 of programs for people living with either  mental  illness  or  develop-
 mental  disabilities,  or both, and for the provision of services there-
 for. A community mental health and [retardation] DEVELOPMENTAL DISABILI-
 TIES  facility  shall also mean and include a residential facility to be
 operated as a community residence  for  the  mentally  disabled,  and  a
 treatment  facility  for  use  in the conduct of an alcoholism treatment
 program or of a substance abuse treatment  program  as  defined  in  the
 mental hygiene law.
   §  3.  An  undesignated paragraph of paragraph (b) of subdivision 2 of
 section 1676 of the public authorities law, as added by chapter  433  of
 the laws of 1988, is amended to read as follows:
   New  Hope  Community,  Inc.,  a  not-for-profit  corporation,  for the
 financing, construction and  development  of  residences  for  [mentally
 retarded and developmentally disabled] adults WITH A DEVELOPMENTAL DISA-
 BILITY  on  forty  acres  of  land  purchased from Leon and Dave Scharf,
 d.b.a. New Hope Rehabilitation Center, located on State Route 52 in  the
 Town  of  Fallsburg, to replace existing residential facilities operated
 by New Hope Rehabilitation Center.
   § 4. An undesignated paragraph of paragraph (b) of  subdivision  2  of
 section  1676  of the public authorities law, as added by chapter 384 of
 the laws of 1998, is amended to read as follows:
   Terence Cardinal Cooke Health Care Center for the[,] financing,  refi-
 nancing, construction, reconstruction, renovation, development, improve-
 ment,  expansion,  and  equipping of facilities to serve aged, disabled,
 AND chronically impaired, [mentally retarded and  developmentally  disa-
 bled persons] AND PERSONS WHO HAVE A DEVELOPMENTAL DISABILITY.
   § 5. An undesignated paragraph of subdivision 1 of section 1680 of the
 public  authorities law, as added by chapter 433 of the laws of 1988, is
 amended to read as follows:
   New Hope  Community,  Inc.,  a  not-for-profit  corporation,  for  the
 financing,  construction  and  development  of  residences for [mentally
 retarded and developmentally disabled] adults WITH A DEVELOPMENTAL DISA-
 BILITY on forty acres of land  purchased  from  Leon  and  Dave  Scharf,
 d.b.a.  New Hope Rehabilitation Center, located on State Route 52 in the
 Town of Fallsburg, to replace existing residential  facilities  operated
 by New Hope Rehabilitation Center.
   § 6. An undesignated paragraph of subdivision 1 of section 1680 of the
 public  authorities law, as added by chapter 384 of the laws of 1998, is
 amended to read as follows:
   Terence Cardinal Cooke Health Care Center for the financing, refinanc-
 ing, construction, reconstruction, renovation, development, improvement,
 expansion, and equipping of facilities  to  serve  aged,  disabled,  AND
 chronically  impaired,  [mentally  retarded and developmentally disabled
 persons] AND PERSONS WHO HAVE A DEVELOPMENTAL DISABILITY.
   § 7. Paragraphs a and b of subdivision 7 of section 9-a of  section  1
 of  chapter  392  of  the  laws of 1973, constituting the New York state
 medical care facilities finance agency act,  paragraph  a  as  added  by
 chapter 58 of the laws of 1987 and paragraph b as amended by chapter 506
 of the laws of 1997, are amended to read as follows:
   a.  The  agency  shall have the power to acquire by lease or deed from
 the facilities development corporation any real property acquired by the
 corporation pursuant to the provisions of  subdivision  six  of  section
 nine  of  the facilities development corporation act (i) for the purpose
 of constructing, reconstructing, rehabilitating or improving thereon one
 or more community mental health and [retardation] DEVELOPMENTAL DISABIL-
 ITIES facilities or (ii) for the purpose of financing or refinancing the
 S. 3313--A                          5
 
 acquisition, construction, reconstruction, rehabilitation or improvement
 thereon of one or more community mental health and [retardation]  DEVEL-
 OPMENTAL DISABILITIES facilities, pursuant to the provisions of this act
 and  the  facilities  development corporation act.  The agency is hereby
 authorized to lease or sublease such real property and facilities there-
 on to the corporation for the purpose of making the same available to  a
 city  or  a  county  not  wholly within a city, for use and occupancy in
 accordance with the provisions of a lease, sublease or  other  agreement
 between the corporation and such city or county.
   b.  In  the  event that the agency shall fail, within five years after
 the date of a lease or conveyance of such real  property  from  property
 from  such city or county to the corporation, to construct, reconstruct,
 rehabilitate or improve the community mental  health  and  [retardation]
 DEVELOPMENTAL  DISABILITIES  facility or facility thereon for which such
 lease or conveyance was made, as provided for in a  lease,  sublease  or
 other  financing  agreement  entered into by such city or county and the
 corporation, then, subject to the terms of any lease, sublease or  other
 financing agreement undertaken by the agency, such real property and any
 facilities  thereon shall revert to the corporation with right of re-en-
 try thereupon, and such lease or deed shall  be  made  subject  to  such
 condition  of reverter and re-entry. Provided, however, that as a condi-
 tion precedent to the exercise of such right of re-entry the corporation
 shall pay to the agency an amount equal to the sum of the purchase price
 of such real property, the depreciated  cost  of  any  community  mental
 health  and [retardation] DEVELOPMENTAL DISABILITIES facility or facili-
 ties constructed, reconstructed, rehabilitated or improved  thereon  and
 all  other costs of the agency incident to the acquisition of such lands
 and the financing of  construction,  reconstruction,  rehabilitation  or
 improvement  relating  to such community mental health and [retardation]
 DEVELOPMENTAL DISABILITIES facility or facilities, all  as  provided  in
 the  aforesaid lease, sublease or other financing agreement entered into
 with the corporation. It is further provided that for the Corona unit of
 the Bernard M. Fineson developmental disabilities services  office,  the
 corporation  may but is not required to pay to the agency an amount less
 than or equal to the purchase price of the real property,  the  depreci-
 ated  cost  of  THE sum of the community mental health and [retardation]
 DEVELOPMENTAL DISABILITIES facility constructed, reconstructed, rehabil-
 itated, demolished or improved thereon and all other costs of the agency
 incident  to  the  acquisition  of  such  lands  and  the  financing  of
 construction,  reconstruction, rehabilitation, demolition or improvement
 relating to such community mental health and [retardation] DEVELOPMENTAL
 DISABILITIES facility, all as provided in the aforesaid lease,  sublease
 or other financing agreement entered into with the corporation.
   § 8. This act shall take effect immediately; provided, however, that:
   (a)  the  amendments  to an undesignated paragraph of paragraph (b) of
 subdivision 2 of section 1676 of the  public  authorities  law  made  by
 section  four  of  this act shall not affect the repeal of such undesig-
 nated paragraph and shall be deemed repealed therewith; and
   (b) the amendments to an undesignated paragraph of  subdivision  1  of
 section  1680  of the public authorities law made by section six of this
 act shall not affect the repeal of such undesignated paragraph and shall
 be deemed repealed therewith.