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This entry was published on 2014-09-22
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SECTION 7.31
Disposition of moneys and securities
Mental Hygiene (MHY) CHAPTER 27, TITLE B, ARTICLE 7
§ 7.31 Disposition of moneys and securities.

(a) The commissioner, or the officer or employee of the office
designated by him, shall:

1. Receive and turn over to the comptroller for liquidation all bonds,
notes, mortgages, trust funds, and other securities and obligations
belonging to the office of mental health or any subdivision thereof,
except such as may have come into the possession of the said office or
any subdivision thereof on account of or for the payment of charges for
the care, maintenance, and treatment after January first, nineteen
hundred sixty-four of patients at those mental hygiene facilities as
defined in section three of the facilities development corporation act,
which are under his jurisdiction, in which case the same shall be turned
over to the commissioner of taxation and finance as agent for the
facilities development corporation for liquidation, and he shall have
the authority to transfer all such securities and evidences of
indebtedness and to execute on behalf of the office of mental health or
any of its facilities or the facilities development corporation a
satisfaction and release thereof.

2. Notwithstanding the provisions of sections one hundred six and one
hundred twenty-one of the state finance law, pay over all moneys
received for the care, maintenance, and treatment after January first,
nineteen hundred sixty-four of patients at those mental hygiene
facilities as defined in section three of the facilities development
corporation act which are under his jurisdiction, less refunds made on
account thereof pursuant to section 43.11 of this chapter, to the
commissioner of taxation and finance as agent for the facilities
development corporation, for the corporate purposes of such corporation,
and deposit all other moneys received in a bank designated by the
comptroller. He shall submit a statement each month to the comptroller
and to the directors of the facilities development corporation showing
the amounts so received for the care, maintenance, and treatment of
patients at such facilities, the refunds made on account thereof
pursuant to section 43.11 of this chapter, and the dates when any such
payments were made to the commissioner of taxation and finance. Such
statement shall be certified to by the commissioner of taxation and
finance. He shall also submit each month to the comptroller and the
directors of the facilities development corporation a separate statement
showing the amount of all other moneys received and deposited in a bank
designated by the comptroller as aforesaid, the persons from whom and
for what purposes received, and the dates when any deposits of such
moneys were made. All statements of deposit shall be certified to by the
proper officer of the bank receiving the deposits therein specified. He
shall make an affidavit each month that the sums so paid over to the
commissioner of taxation and finance and deposited in such bank are all
the moneys received by him from any source of institutional income to
the date of the last payment, or deposit, appearing on either statement
and such affidavit shall be filed with the comptroller and the directors
of the facilities development corporation. A bank designated by the
comptroller to receive the aforesaid deposits shall, before any deposit
is made, execute a bond to the people of the state, in a sum approved by
the comptroller, for the safekeeping of the funds deposited.

(b) The provisions of this section shall not be applicable to
community mental health and developmental disabilities facilities, as
defined in section three of the facilities development corporation act,
nor to payments made for the care, maintenance, and treatment of
patients at such community mental health and developmental disabilities
facilities.