Legislation

Search OpenLegislation Statutes
This entry was published on 2014-09-22
The selection dates indicate all change milestones for the entire volume, not just the location being viewed. Specifying a milestone date will retrieve the most recent version of the location before that date.
SECTION 409-A
Department of health New York city veterans home income fund
Public Health (PBH) CHAPTER 45, ARTICLE 4, TITLE 1
§ 409-a. Department of health New York city veterans home income fund.
1. There is established in the custody of the comptroller a special
account, to be known as the "department of health New York city veterans
home income fund", which shall be referred to in this section as "the
fund".

2. (a) The commissioner shall, after the first day of July, nineteen
hundred ninety-one, pay over moneys received by the department for the
care, maintenance and treatment of patients at the New York state home
for veterans in the city of New York, together with moneys received from
fees, including parking fees, refunds, reimbursements, sales of property
and miscellaneous receipts of such home other than gifts, grants,
bequests and moneys received under research contracts to the comptroller
to be deposited by the comptroller in the fund. Such moneys shall be
kept separate and shall not be commingled with any other moneys in the
hands of the comptroller. All deposits of such money shall, if required
by the comptroller, be secured by obligations of the United States or of
the state of market value equal at all times to the amount of the
deposit and all banks and trust companies are authorized to give such
securities for such deposits.

(b) Subject to the terms of any agreement between the department and
the dormitory authority, any such moneys in the fund not required for
immediate use, may, in the discretion of the comptroller, be invested by
the comptroller in obligations of the United States or the state or
obligations the principal and interest of which are guaranteed by the
United States or the state.

(c) The comptroller shall at all times maintain on deposit in the fund
the aggregate amount of money needed by the department during the next
succeeding six calendar months to comply in full with all obligations of
the department under the terms of any lease, sublease or agreement of
the department with the dormitory authority relating to the New York
state home for veterans in the city of New York which is then in effect,
including without limitation by the specification thereof, (i) the
amount needed to make rental or other payments thereunder during such
semiannual period and (ii) the amount needed to establish and maintain
reserves thereunder during such period.

(d) The comptroller shall from time to time but in no event later than
the last day of March, June, September and December of each year pay
over and deposit in the special revenue funds - other, miscellaneous
special revenue fund - 339, New York city veterans' home account, all
moneys in the fund in excess of the aggregate amount of money required
to be maintained in the department of health New York City veterans home
income fund pursuant to paragraph (c) of this subdivision. Prior to
making any such transfer, the comptroller shall make and deliver to the
director of the budget and to the dormitory authority a certificate
stating the aggregate amount to be maintained on deposit in the fund to
comply in full with the provision of paragraph (c) of this subdivision.
When further directed by the commissioner, the comptroller shall
transfer revenues and/or appropriations between and among this account
and the special revenue funds - other, miscellaneous special revenue
fund - 339, Roswell Park cancer institute account, Helen Hayes hospital
account, New York state home for veterans and their dependents at Oxford
account, western New York veteran's home account and New York state home
for veterans in the lower-Hudson Valley account. For purposes of
transferring appropriations it is intended that the following accounts
be understood to be part of the same program and same fund for purposes
of section fifty-one of the state finance law, thereby authorizing
unlimited interchangeability of appropriated amounts between the
following accounts in the special revenue funds - other, miscellaneous
special revenue fund - 339: Roswell Park Cancer Institute Account, Helen
Hayes Hospital Account, New York State Home for Veterans and Their
Dependents at Oxford Account, Western New York Veterans' Home Account,
New York State Home for Veterans in the lower-Hudson Valley Account, and
New York City Veterans' Home Account. The comptroller shall, as
determined by the commissioner and consistent with any repayment
agreement entered into between the director of the budget and the
commissioner, transfer funds from the New York city veteran's home
account to the department of health services account to repay all or
part of any outstanding liabilities in the health services account
attributed to the New York city veterans' home.

3. To secure the payment of any money due or to become due in any year
under any lease, sublease or agreement entered into between the
department and the dormitory authority relating to the New York state
home for veterans in the city of New York, the commissioner may pledge
or assign to the dormitory authority all or any moneys in the fund
established pursuant to this section, and any and all moneys which may
be receivable by the department and credited to such fund in the future,
and any right, title and interest of the department in and to the money
in or to be deposited in such fund.

4. The moneys in the fund shall be paid out of such fund on the audit
and warrant of the comptroller on vouchers certified or approved by the
commissioner, or by an officer or employee of the department designated
by the commissioner, notwithstanding the provision of any general or
special law to the contrary.