2000-01 Article VII Public Protection Bill
STATE OF NEW YORK
________________________________________________________________________
S. 6294 A. 9294
SENATE - ASSEMBLY
January 13, 2000
___________
IN SENATE -- A BUDGET BILL, submitted by the Governor pursuant to arti-
cle seven of the Constitution -- read twice and ordered printed, and
when printed to be committed to the Committee on Finance
IN ASSEMBLY -- A BUDGET BILL, submitted pursuant to article seven of the
Constitution -- read once and referred to the Committee on Ways and
Means
AN ACT to amend the judiciary law, in relation to compensation of
assistant counsel and paralegals in the defense of individuals (A); to
amend chapter 887 of the laws of 1983, amending the correction law
relating to the psychological testing of candidates for the position
of correction officer, in relation to extending the effectiveness of
such chapter (B); to amend the penal law and the vehicle and traffic
law, in relation to victim assistance fees and mandatory surcharges
(C); to amend chapter 829 of the laws of 1990, in relation to the
elderly pharmaceutical insurance coverage program and to repeal
sections 2 and 7 of chapter 829 of the laws of 1990, relating thereto
(D); to amend the public health law, in relation to establishment of
fees to support costs of regulating public water systems (E); to amend
chapter 474 of the laws of 1996 amending the education law and other
laws relating to rates for residential health care facilities, in
relation to pharmacy payments, in relation to additional payments to
certain facilities; to amend chapter 19 of the laws of 1998, amending
the social services law relating to limiting the method of payment for
prescription drugs under the medical assistance program, in relation
to the effectiveness of such chapter (F); to amend chapter 649 of the
laws of 1996, amending the public health law, the mental hygiene law
and the social services law relating to authorizing the establishment
of special needs plans, chapter 710 of the laws of 1988, amending the
social services law and the education law relating to medical assist-
ance eligibility of certain persons and providing for managed medical
care demonstration programs, and chapter 165 of the laws of 1991,
amending the public health law and other laws relating to establishing
payments for medical assistance, in relation to extending the effec-
tiveness of section 364-j of the social services law (G); to amend the
social services law, in relation to securing adequate funds from coun-
ties and local governments to pay their share of Medicaid payments
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD12333-02-0
S. 6294 2 A. 9294
(H); to amend chapter 989 of the laws of 1958, relating to the tempo-
rary state commission of investigation, in relation to extending the
provisions of such chapter (I); to amend the executive law, in
relation to establishing a department of justice (J); to amend chapter
119 of the laws of 1997, relating to authorizing the department of
health to establish certain payments to general hospitals, in relation
to extending the authorization for the department of health to contin-
ue certain payments to general hospitals (K); to authorize the commis-
sioner of mental health to appoint and remove officers and employees
of certain psychiatric hospitals operated by the office of mental
health (L); to amend the mental hygiene law, in relation to establish-
ing the Norwich center for intensive treatment (M); to amend the mili-
tary law, in relation to minimum pay for active duty (N); to amend the
education law, in relation to the recruitment incentive and retention
program for members of the New York state organized militia (O); to
amend the military law, in relation to surplus property of the organ-
ized militia (P); to amend the vehicle and traffic law, in relation to
registration plate reissuance fees and to repeal subdivision 2 of
section 403 of such law relating thereto (Q); to amend the vehicle and
traffic law, in relation to refunds of fees paid for driver's licenses
(R); to amend the vehicle and traffic law, in relation to fees for
motor vehicle dealer registrations (S); and to amend chapter 55 of the
laws of 1992 amending the tax law and other laws relating to taxes,
surcharges, fees and funding, in relation to extending certain
provisions relating to release on medical parole (T)
The People of the State of New York, represented in Senate and Assem-
bly, do enact as follows:
1 Section 1. This act enacts into law major components of legislation
2 which are necessary to implement the state fiscal plan for the 2000-2001
3 state fiscal year. Each component is wholly contained within a Part
4 identified as Parts A through T. The effective date for each particular
5 provision contained within such Part is set forth in the last section of
6 such Part. Any provision in any section contained within a Part, includ-
7 ing the effective date of the Part, which makes reference to a section
8 "of this act", when used in connection with that particular component,
9 shall be deemed to mean and refer to the corresponding section of the
10 Part in which it is found. Section three of this act sets forth the
11 general effective date of this act.
12 PART A
13 Section 1. Subdivision 2 of section 35-b of the judiciary law, as
14 added by chapter 1 of the laws of 1995, is amended to read as follows:
15 2. (a) The appointment of counsel shall be made by the trial court if
16 made prior to the entry of a judgment including a sentence of death or
17 by the court of appeals, except as otherwise provided in this subdivi-
18 sion, if made after the entry of a judgment including a sentence of
19 death. With respect to counsel at trial and at a separate sentencing
20 proceeding, the court shall appoint two attorneys, one to be designated
21 "lead" counsel and the other to be designated "associate" counsel. The
22 appointment of any such counsel shall be made from a list of four
23 proposed teams of qualified lead and associate counsel provided to the
24 appropriate court by the capital defender office. Alternatively, the
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1 court may, with the consent of the capital defender office, appoint the
2 office to represent the defendant. At least one of the proposed teams
3 of qualified lead and associate counsel on any list submitted pursuant
4 to this subdivision shall regularly practice within the judicial depart-
5 ment in which the defendant has been charged. With respect to a juris-
6 diction in which the capital defender office has entered into an agree-
7 ment to provide representation with a legal aid society, office of
8 public defender or other not-for-profit organization providing criminal
9 defense services, the capital defender office may designate the society,
10 public defender or organization for appointment as counsel pursuant to
11 this section and need not submit a list of four proposed teams of quali-
12 fied lead and associate counsel for appointment. In the event that coun-
13 sel is not appointed pursuant to the foregoing provisions of this subdi-
14 vision, the court may appoint any attorney whose name appears on a
15 roster established pursuant to subdivision five of this section for
16 appointment as lead or associate counsel. In the event no such attorney
17 is available, the court may appoint an attorney eligible for appointment
18 pursuant to article eighteen-B of the county law who is competent to
19 represent defendants charged with murder and other serious felonies.
20 With respect to an appeal from a judgment including a sentence of death,
21 the court of appeals shall assign lead counsel only, but for good cause
22 shown, the court may assign associate counsel. With respect to an
23 initial motion pursuant to section 440.10 or 440.20 of the criminal
24 procedure law, and any appeal therefrom, the appropriate court shall
25 assign lead counsel only. The trial court shall assign counsel in
26 connection with such a motion and the court of appeals shall assign
27 counsel in connection with any appeal therefrom.
28 (b) At any time after counsel has been appointed pursuant to paragraph
29 (a) of this subdivision, the court either on its own or upon written
30 request by lead counsel may direct the assignment of one assistant coun-
31 sel and/or one paralegal when necessary and appropriate to promote the
32 efficient and economic delivery of criminal defense services. With
33 respect to assistant counsel, the court shall not require that the
34 assignment by made from a list or roster established in this section,
35 but shall require that the assistant counsel meet the approved minimum
36 standards established pursuant to subparagraph (iv) of paragraph (a) of
37 subdivision four of this section. Additional assistant counsel and/or
38 paralegals shall not be assigned unless the court determines that, in
39 addition to the foregoing criteria in this paragraph, a compelling need
40 exists for such assignment. An assistant counsel or paralegal assigned
41 pursuant to this paragraph shall be eligible for compensation in accord-
42 ance with subdivision nine of this section.
43 § 2. Subparagraph (iv) of paragraph (b) of subdivision 4 of section
44 35-b of the judiciary law, as added by chapter 1 of the laws of 1995, is
45 amended to read as follows:
46 (iv) To determine, in consultation with the administrative board of
47 the judicial conference, proposed minimum standards for lead [and],
48 associate and assistant counsel in capital cases. In determining the
49 minimum standards, the capital defender office in consultation with the
50 administrative board of the judicial conference shall consider among
51 other factors both the needs of the state for an adequate number of
52 attorneys to represent defendants in capital cases and the needs of
53 defendants in capital cases for competent counsel. The minimum stand-
54 ards, and any modifications thereto which the capital defender office in
55 consultation with the administrative board of the judicial conference
56 may from time to time propose, shall be submitted for approval to the
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1 court of appeals. Prior to approving the minimum standards and any
2 modifications thereto the court shall invite the submission of written
3 comments from interested parties;
4 § 3. Subdivision 5 of section 35-b of the judiciary law, as added by
5 chapter 1 of the laws of 1995, is amended to read as follows:
6 5. (a) A screening panel shall be established in each judicial depart-
7 ment consisting of four members, two of whom shall be appointed by the
8 board of directors of the capital defender office and two of whom shall
9 be appointed by the presiding justice of each judicial department. Each
10 screening panel shall establish and periodically update a roster of
11 attorneys qualified for appointment as lead counsel or associate counsel
12 pursuant to the provisions of this section. The capital defender
13 office, in consultation with the administrative board of the judicial
14 conference, shall promulgate regulations to provide that qualified
15 attorneys whose names appear on such rosters and who wish to be
16 appointed to represent defendants in capital cases, are given fair
17 opportunity to receive such appointments. Each screening panel shall
18 also promulgate and periodically update, in consultation with the admin-
19 istrative board of the judicial conference, a schedule of fees to be
20 paid attorneys pursuant to this section in each department, which sched-
21 ule shall be subject to the approval of the court of appeals. Prior to
22 approving fee schedules, the court shall invite the submission of writ-
23 ten comments from interested parties. Fee schedules shall be promulgat-
24 ed and approved after reviewing the rates of compensation generally paid
25 in the department to attorneys with substantial experience in the repre-
26 sentation of defendants charged with murder or other serious felonies,
27 and shall be adequate to ensure that qualified attorneys are available
28 to represent defendants eligible to receive counsel pursuant to this
29 section.
30 (b) Each screening panel shall also promulgate and periodically
31 update, in consultation with the administrative board of the judicial
32 conference, a schedule of fees to be paid to assistant counsel and
33 paralegals pursuant to this section in each department, which schedule
34 shall be subject to the approval of the court of appeals. Prior to
35 approving fee schedules, the court shall invite the submission of writ-
36 ten comments from interested parties. Fee schedules shall be promulgated
37 and approved after reviewing the rates of compensation generally paid in
38 the department to attorneys and paralegals with substantial experience
39 in assisting in the delivery of criminal defense services to defendants
40 charged with murder or other serious felonies, and shall be adequate to
41 ensure that qualified attorneys and paralegals are available to repre-
42 sent defendants eligible to receive counsel pursuant to this section.
43 (c) Each appellate division, in consultation with the screening panel,
44 shall establish the rates of fees and expenses to be paid for expert,
45 investigative and other reasonably necessary services pursuant to this
46 section.
47 § 4. Paragraph (b) of subdivision 4 of section 35-b of the judiciary
48 law is amended by adding two new subparagraphs (vii) and (viii) to read
49 as follows:
50 (vii) The hourly rates of compensation for legal services rendered
51 pursuant to agreements entered into by the capital defender office with
52 legal aid societies, offices of public defender or other not-for-profit
53 organizations providing criminal defense services for defendants in
54 capital cases shall not exceed the rates approved for counsel pursuant
55 to subdivision five of this section.
S. 6294 5 A. 9294
1 (viii) Notwithstanding any other provision of law, the capital defen-
2 der office shall submit to the chairman of the senate finance committee,
3 the chairman of the assembly ways and means committee, and the director
4 of the budget, a report showing for each case, the defendant, the names
5 of counsel, paralegal and expert/investigative services assigned to the
6 case, case status, date of appointment and removal of counsel, paralegal
7 and expert/investigative services, date of submission of notice of
8 intent to seek the death penalty, and the amount of funds disbursed and
9 the in-court and out-of-court hours devoted to the case by counsel,
10 paralegal and expert/investigative services on a quarterly, year-to-
11 date, and life to date basis.
12 § 5. This act shall take effect April 1, 2000.
13 PART B
14 Section 1. Section 2 of chapter 887 of the laws of 1983, amending the
15 correction law relating to the psychological testing of candidates for
16 the position of correction officer, as amended by chapter 32 of the laws
17 of 1998, is amended to read as follows:
18 § 2. This act shall take effect on the one hundred eightieth day after
19 it shall have become a law and shall remain in effect until April 1,
20 [2000] 2002.
21 § 2. This act shall take effect immediately.
22 PART C
23 Section 1. Subdivision 1 of section 60.35 of the penal law, as amended
24 by chapter 55 of the laws of 1992, is amended to read as follows:
25 1. Except as provided in section eighteen hundred nine of the vehicle
26 and traffic law and section 27.12 of the parks, recreation and historic
27 preservation law, whenever proceedings in an administrative tribunal or
28 a court of this state result in a conviction for a felony, a misdemea-
29 nor, or a violation, as these terms are defined in section 10.00 of this
30 chapter, there shall be levied at sentencing a mandatory surcharge and a
31 crime victim assistance fee in addition to any sentence required or
32 permitted by law, in accordance with the following schedule:
33 (a) a person convicted of a felony shall pay a mandatory surcharge of
34 [one hundred fifty] two hundred dollars and a crime victim assistance
35 fee of [five] ten dollars;
36 (b) a person convicted of a misdemeanor shall pay a mandatory
37 surcharge of [eighty-five] one hundred ten dollars and a crime victim
38 assistance fee of [five] ten dollars;
39 (c) a person convicted of a violation shall pay a mandatory surcharge
40 of [forty] fifty dollars and a crime victim assistance fee of [five] ten
41 dollars.
42 § 2. Subdivision 1 of section 1809 of the vehicle and traffic law, as
43 amended by chapter 55 of the laws of 1992, paragraph (c) as amended by
44 chapter 379 of the laws of 1992, is amended to read as follows:
45 1. Whenever proceedings in an administrative tribunal or a court of
46 this state result in a conviction for an offense under this chapter or a
47 traffic infraction under this chapter, or a local law, ordinance, rule
48 or regulation adopted pursuant to this chapter, other than a traffic
49 infraction involving standing, stopping, or parking or violations by
50 pedestrians or bicyclists, or other than an adjudication of liability of
51 an owner for a violation of subdivision (d) of section eleven hundred
52 eleven of this chapter in accordance with section eleven hundred
53 eleven-a of this chapter, there shall be levied a mandatory surcharge,
S. 6294 6 A. 9294
1 in addition to any sentence required or permitted by law, in accordance
2 with the following schedule:
3 (a) Whenever proceedings in an administrative tribunal or a court of
4 this state result in a conviction for a traffic infraction pursuant to
5 article nine of this chapter, there shall be levied a mandatory
6 surcharge, in addition to any sentence required or permitted by law, in
7 the amount of [fifteen] twenty dollars.
8 (b) Whenever proceedings in an administrative tribunal or a court of
9 this state result in a conviction for a misdemeanor or felony pursuant
10 to section eleven hundred ninety-two of this chapter, there shall be
11 levied, in addition to any sentence required or permitted by law, a
12 crime victim assistance fee in the amount of [five] ten dollars and a
13 mandatory surcharge in accordance with the following schedule:
14 (i) a person convicted of a felony shall pay a mandatory surcharge of
15 [one hundred fifty] two hundred dollars;
16 (ii) a person convicted of a misdemeanor shall pay a mandatory
17 surcharge of [eighty-five] one hundred ten dollars.
18 (c) Whenever proceedings in an administrative tribunal or a court of
19 this state result in a conviction for an offense under this chapter
20 other than a crime pursuant to section eleven hundred ninety-two of this
21 chapter, or a traffic infraction under this chapter, or a local law,
22 ordinance, rule or regulation adopted pursuant to this chapter, other
23 than a traffic infraction involving standing, stopping, or parking or
24 violations by pedestrians or bicyclists, or other than an adjudication
25 of liability of an owner for a violation of subdivision (d) of section
26 eleven hundred eleven of this chapter in accordance with section eleven
27 hundred eleven-a of this chapter or other than an infraction pursuant to
28 article nine of this chapter or other than an adjudication of liability
29 of an owner for a violation of toll collection regulations pursuant to
30 section two thousand nine hundred eighty-five of the public authorities
31 law or sections sixteen-a, sixteen-b and sixteen-c of chapter seven
32 hundred seventy-four of the laws of nineteen hundred fifty, there shall
33 be levied a mandatory surcharge, in addition to any sentence required or
34 permitted by law, in the amount of [twenty-five] thirty dollars.
35 § 3. This act shall take effect April 1, 2000; provided, however, that
36 the amendments to subdivision 1 of section 1809 of the vehicle and traf-
37 fic law made by section two of this act shall not affect the expiration
38 and reversion of such subdivision and shall be deemed to expire there-
39 with.
40 PART D
41 Section 1. Sections 2 and 7 of chapter 829 of the laws of 1990 are
42 REPEALED.
43 § 2. Section 8 of chapter 829 of the laws of 1990, as amended by
44 section 3 of part H of chapter 412 of the laws of 1999, is amended to
45 read as follows:
46 § 8. This act shall take effect [April 1, 2000, provided however,
47 that sections one, three, four, five and six of this act shall take
48 effect] immediately.
49 § 3. This act shall take effect April 1, 2000.
50 PART E
51 Section 1. Article 11 of the public health law is amended by adding a
52 new title 5 to read as follows:
S. 6294 7 A. 9294
1 TITLE V
2 PUBLIC WATER SUPPLY PROTECTION PROGRAM
3 Section 1180. Definitions.
4 1181. Public water supply fees.
5 1182. Water supply protection program account.
6 § 1180. Definitions. As used in this title:
7 1. A "public water system" is any system which provides piped water to
8 the public for human consumption, if such system has at least five
9 service connections or regularly serves an average of twenty-five indi-
10 viduals daily at least sixty days of the year; except for systems which
11 consist of only distribution and storage facilities, obtain all their
12 water from a public water system, do not sell water to any person and
13 which are not a carrier which conveys passengers in interstate commerce.
14 2. A "community water system" is a public water system which serves at
15 least five service connections used by year-round residents or regularly
16 serves at least twenty-five year-round residents.
17 3. A "service connection" is the pertinent pipes, valves and fittings
18 that connect a public water supply distribution system to a consumer's
19 facility.
20 4. A "commercial/industrial facility" is a customer of a community
21 water system with their own service connection that purchases one
22 million or more gallons of water a year at least partly for commercial
23 and/or industrial purposes.
24 5. A "local health department" means that division of the city or
25 county government having jurisdiction over the public health of a city
26 or county.
27 § 1181. Public water supply fees. 1. The commissioner shall annually
28 assess a fee to recover costs to the state in regulating public water
29 supply systems and the costs of enforcement of the state sanitary code
30 as it relates to the design, construction, operation, maintenance and
31 protection of public water systems. Effective April first, two thousand,
32 the fee shall be:
33 (a) three dollars per service connection for any community water
34 system that serves more than one thousand people;
35 (b) one hundred dollars for each community water system that serves
36 between one hundred and one thousand people. This fee shall be collected
37 by community water suppliers and paid to the state annually.
38 (c) two hundred fifty dollars for each commercial/industrial facility
39 within a public water system's service area purchasing one million or
40 more gallons of water a year.
41 2. No fees shall be authorized, charged or assessed by the department
42 and/or the local health departments pursuant to article six of this
43 chapter which are related to the activities listed in paragraph (a) of
44 subdivision two of section eleven hundred eighty-two of this title.
45 Local health departments may assess fees for public water supply
46 protection program activities pursuant to section six hundred six of
47 this chapter that are not related to the activities listed in paragraph
48 (a) of subdivision two of section eleven hundred eighty-two of this
49 title.
50 § 1182. Water supply protection program account. 1. All monies
51 collected pursuant to section eleven hundred eighty-one of this title
52 shall be deposited into the miscellaneous special revenue fund - 339,
53 public water supply protection program account, which is hereby estab-
54 lished.
55 2. (a) Monies available in the public water supply protection program
56 account shall be used to support the department's activities relating
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1 to: ensuring compliance with the state sanitary code as it relates to
2 public water quality standards and the design, construction, operation,
3 maintenance and protection of public water supply systems; providing
4 technical assistance to community water suppliers; investigating the
5 causes of water-borne disease; evaluating the occurrence of disease
6 causing agents in public water supplies and investigating treatment
7 technologies to ensure the protection of public health.
8 (b) The department shall distribute such monies as are appropriated
9 for such purposes to local health departments responsible for enforcing
10 the state sanitary code as it relates to public water systems. Local
11 health departments shall demonstrate a maintenance of effort in their
12 public water supply protection program and shall maintain expenditures
13 excluding program fee revenue equivalent to an average of the base years
14 of nineteen hundred ninety-seven and nineteen hundred ninety-eight, as
15 determined by the department, to be eligible for any monies pursuant to
16 this subdivision. Local health departments assessing fees pursuant to
17 article six of this chapter which are related to the activities listed
18 in paragraph (a) of this subdivision shall be reimbursed in an amount
19 equal to the average of any public water supply fees collected in the
20 base years of nineteen hundred ninety-seven and nineteen hundred nine-
21 ty-eight, as determined by the department.
22 (c) A portion of the monies available may be suballocated to other
23 state agencies to provide services relating to the protection of public
24 water supplies.
25 3. Monies made available to local health departments pursuant to this
26 section shall only be used for local public water supply protection
27 program activities approved by the department.
28 § 2. This act shall take effect April 1, 2000.
29 PART F
30 Section 1. Subdivision 1 of section 211 of chapter 474 of the laws of
31 1996 amending the education law and other laws relating to rates for
32 residential health care facilities is amended by adding two new para-
33 graphs (c) and (d) to read as follows:
34 (c) Notwithstanding any inconsistent provision of law or regulation to
35 the contrary, effective beginning April 1, 2000, and thereafter, within
36 amounts appropriated, the department of health is authorized to pay
37 public general hospitals, other than those operated by the state of New
38 York or the state university of New York, as defined in subdivision 10
39 of section 2801 of the public health law, located in a city with a popu-
40 lation of over one million, upon projection or reconciliation of all
41 other payments made pursuant to this subdivision prior to the applica-
42 tion of this paragraph, additional payments as so projected or recon-
43 ciled, for inpatient hospital services as medical assistance payments
44 pursuant to title 11 of article 5 of the social services law for
45 patients eligible for federal financial participation under title XIX of
46 the federal social security act in medical assistance pursuant to the
47 federal laws and regulations governing disproportionate share payments
48 to hospitals based on the relative share of each such non-state operated
49 public general hospital of medical assistance and uninsured patient
50 losses after all other medical assistance, including disproportionate
51 share payments to such public general hospitals. These additional
52 payments, if appropriated, may be added to rates of payment or made as
53 aggregate payments to an eligible public general hospital.
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1 (d) Notwithstanding any inconsistent provision of law or regulation to
2 the contrary, effective for the state fiscal year beginning April 1,
3 2000, the department of health is authorized to pay public general
4 hospitals, other than those operated by the state of New York or the
5 state university of New York, as defined in subdivision 10 of section
6 2801 of the public health law, located in a city with a population of
7 over one million, an additional payment pursuant to paragraph (c) of
8 this section for inpatient hospital services of up to 103 million
9 dollars, as medical assistance pursuant to title 11 of article 5 of the
10 social services law for patients eligible for federal financial partic-
11 ipation under title XIX of the federal social security act in medical
12 assistance pursuant to the federal laws and regulations governing
13 disproportionate share payments to hospitals based on the relative share
14 of each such non-state operated public general hospital of medical
15 assistance and uninsured patient losses after all other medical assist-
16 ance, including disproportionate share payments to such public general
17 hospitals.
18 § 2. Notwithstanding any provision of law, rule or regulation to the
19 contrary, monthly assessments due for any period prior to January 1,
20 2000, which are paid in full and accompanied by appropriate reports
21 pursuant to section 2807-d or 3614-a of the public health law or section
22 367-i of the social services law and which are received on or before
23 December 31, 2000, shall not be subject to interest or penalties as
24 otherwise provided in section 2807-d or 3614-a of the public health law
25 or section 367-i of the social services law, provided, however, that
26 with regard to all assessment, interest and penalty amounts collected by
27 the commissioner of health by the effective date of this act the inter-
28 est and penalty provisions of sections 2807-d and 3614-a of the public
29 health law and section 367-i of the social services law shall remain in
30 full force and effect and such amounts collected shall not be subject to
31 further reconciliation or adjustment.
32 § 3. Section 4 of chapter 19 of the laws of 1998, amending the social
33 services law relating to limiting the method of payment for prescription
34 drugs under the medical assistance program is amended to read as
35 follows:
36 § 4. This act shall take effect 120 days after it shall have become a
37 law and shall expire and be deemed repealed March 31, [2000] 2001.
38 § 4. Notwithstanding any contrary provision of law, for the period
39 April 1, 2000 through March 31, 2001, the effectiveness of the
40 provisions of subdivisions 4, 7, 7-a and 7-b of section 2807 and subdi-
41 vision 4 of section 3614 of the public health law and the provisions of
42 section 18 of chapter 2 of the laws of 1998, as they relate to the time
43 frames for notice, approval or certification of rates of payment, maxi-
44 mum rates of payment or maximum charges and to the requirement of prior
45 notice of rates of payment, are hereby suspended and shall be deemed to
46 be without any force or effect.
47 § 5. If any clause, sentence, paragraph, section or part of this act,
48 shall be adjudged by any court of competent jurisdiction to be invalid,
49 such judgment shall not affect, impair or invalidate the remainder ther-
50 eof, but shall be confined in its operation to the clause, sentence,
51 paragraph, section or part thereof directly involved in the controversy
52 in which such judgment shall have been rendered.
53 § 6. This act shall take effect immediately and shall be deemed to
54 have been in full force and effect on and after April 1, 2000; provided,
55 however, that nothing contained herein shall be deemed to affect the
56 application, qualification, expiration, reversion or repeal of any
S. 6294 10 A. 9294
1 provisions of law amended by any section of this act and the provisions
2 of this act shall be applied or qualified or shall expire or revert or
3 be deemed repealed in the same manner, to the same extent and on the
4 same date as the case may be as otherwise provided by law.
5 PART G
6 Section 1. Section 10 of chapter 649 of the laws of 1996 amending
7 the public health law, the mental hygiene law and the social services
8 law relating to authorizing the establishment of special needs plans is
9 amended to read as follows:
10 § 10. This act shall take effect immediately and shall be deemed to
11 have been in full force and effect on and after July 1, 1996[; provided,
12 however, that sections one, two, three and seven of this act shall
13 expire and be deemed repealed on July 1, 2000 provided, however that the
14 amendments to section 364-j of the social services law made by section
15 four of this act shall not affect the expiration of such section and
16 shall be deemed to expire therewith].
17 § 2. Section 11 of chapter 710 of the laws of 1988 amending the
18 social services law and the education law relating to medical assistance
19 eligibility of certain persons and providing for managed medical care
20 demonstration programs, as amended by chapter 649 of the laws of 1996,
21 is amended to read as follows:
22 § 11. This act shall take effect immediately; except that the
23 provisions of sections one, two, three, four, eight and ten of this act
24 shall take effect on the ninetieth day after it shall have become a law;
25 and except that the provisions of sections five, six and seven of this
26 act shall take effect January 1, 1989; and except that effective imme-
27 diately, the addition, amendment and/or repeal of any rule or regulation
28 necessary for the implementation of this act on its effective date are
29 authorized and directed to be made and completed on or before such
30 effective date; provided, however, that [the provisions of section 364-j
31 of the social services law, as added by section one of this act shall
32 expire and be deemed repealed on and after July 1, 2000,] the provisions
33 of section 364-k of the social services law, as added by section two of
34 this act, except subdivision 10 of such section, shall expire and be
35 deemed repealed on and after January 1, 1994, and the provisions of
36 subdivision 10 of section 364-k of the social services law, as added by
37 section two of this act, shall expire and be deemed repealed on January
38 1, 1995.
39 § 3. Subdivision (c) of section 62 of chapter 165 of the laws of 1991
40 amending the public health law and other laws relating to establishing
41 payments for medical assistance, as amended by chapter 649 of the laws
42 of 1996, is amended to read as follows:
43 (c) [section 364-j of the social services law, as amended by section
44 eight of this act and] subdivision 6 of section 367-a of the social
45 services law as added by section twelve of this act shall expire and be
46 deemed repealed on July 1, 2000 and provided further, that the amend-
47 ments to the provisions of section 364-j shall only apply to managed
48 care programs approved on or after the effective date of this act;
49 § 4. This act shall take effect July 1, 2000.
50 PART H
51 Section 1. Section 367-b of the social services law is amended by
52 adding two new subdivisions 13 and 14 to read as follows:
S. 6294 11 A. 9294
1 13. Notwithstanding any inconsistent provision of law, in lieu of
2 payments authorized by this chapter from funds otherwise due to local
3 social services districts or in lieu of payments of federal funds other-
4 wise due to local social services districts for programs provided under
5 the federal social security act or the federal food stamp act, funds in
6 amounts certified by the commissioner of the office of temporary and
7 disability assistance or the commissioner of the office of children and
8 family services or the commissioner of health as due from local social
9 services districts as their share of payments made pursuant to this
10 section, may be set-aside by the state comptroller in an interest-bear-
11 ing account with such interest accruing to the credit of the locality,
12 pursuant to an estimate provided by the commissioner of health of a
13 local social services district's share of medical assistance payments.
14 Should funds otherwise payable to a local social services district from
15 appropriations made to the office of temporary and disability assist-
16 ance, the office of children and family services, and the department of
17 health be insufficient to fully fund the amounts identified by the
18 commissioner of health as necessary to liquidate the local share of
19 payments to be made pursuant to this section on behalf of the local
20 social services district, the commissioner of health may identify other
21 state or federal payments payable to that local social services district
22 or any other county agency including, but not limited to the county
23 department of health, from appropriations made to the state department
24 of health, and may authorize the state comptroller to set-aside such
25 payments in the interest-bearing account with such interest accruing to
26 the credit of the locality. Upon such determination by the commissioner
27 of health that insufficient funds are payable to a local social services
28 district and any other county agency receiving payments from the office
29 of temporary and disability assistance, the office of children and fami-
30 ly services, and the state department of health from appropriations made
31 to these agencies, the state comptroller shall withhold payments from
32 any of the general fund - local assistance accounts or payments made
33 from any of the special revenue - federal local assistance accounts,
34 provided, however, that such federal payments shall be withheld only
35 after such federal funds are properly credited to the county through
36 vouchers, claims or other warrants properly received, approved, and paid
37 by the state comptroller and set-aside such disbursements in the inter-
38 est-bearing account with such interest accruing to the credit of the
39 locality until such time that the amount withheld from each county is
40 determined by the commissioner of health to be sufficient to fully
41 liquidate the local share of payments, as estimated by the commissioner
42 of health, to be made pursuant to this section on behalf of that local
43 social services district.
44 14. Notwithstanding any other provision of law, effective on or before
45 January first, two thousand one, the local social services district
46 share of medical assistance payments made by the state on behalf of the
47 local social services district shall be paid to the state by the local
48 social services district using electronic funds transfer under the
49 supervision of the state comptroller and pursuant to rules and regu-
50 lations of the commissioner of health. The state comptroller shall
51 deposit such funds in the medicaid management information system escrow
52 fund to the credit of each local district. In the event that the state
53 comptroller and commissioner of health determine that there are insuffi-
54 cient funds available from the local district to liquidate their local
55 share of medical assistance payments, the commissioner of health shall
56 issue a repayment schedule to the state comptroller for purposes of
S. 6294 12 A. 9294
1 reducing reimbursement from other sources of payment from the state to
2 the city or county of which the local social services district is a part
3 in accordance with subdivision thirteen of this section, until the
4 amounts due from the local district are recovered in full plus any
5 interest that would have otherwise accrued to the fund had such fund had
6 sufficient balances from the local district. Upon determination by the
7 state comptroller that insufficient sources of payment are available to
8 fully liquidate the local social services district share of medical
9 assistance payments, the commissioner of health shall include in such
10 schedule a charge to the county equal to the amount of interest other-
11 wise earned by the state short-term interest pool, plus any interest
12 penalty as the commissioner of health may determine, until such time as
13 the district has fully liquidated its liability pursuant to the
14 provisions of this chapter.
15 § 2. This act shall take effect April 1, 2000.
16 PART I
17 Section 1. Section 13 of chapter 989 of the laws of 1958, relating to
18 the temporary state commission of investigation, as amended by chapter
19 43 of the laws of 1998, is amended to read as follows:
20 § 13. This act shall take effect May 1, 1958 and remain in effect
21 until April 30, [2000] 2002.
22 § 2. This act shall take effect immediately.
23 PART J
24 Section 1. (a) Notwithstanding any inconsistent provision of law to
25 the contrary, effective April 1, 2000, the department of correctional
26 services is hereby renamed the division of correctional services and
27 there is hereby established a department of justice.
28 (b) The head of the department of justice shall be the director of the
29 department of justice. The director shall be appointed by the governor,
30 by and with the advice and consent of the senate, to serve at the pleas-
31 ure of the governor; provided, however, that the commissioner of the
32 division of criminal justice services on the effective date of this act
33 shall serve as the director of the department of justice to serve at the
34 pleasure of the governor without further consent of the senate.
35 (c) The head of the division of correctional services shall be the
36 commissioner of correctional services. The commissioner shall be
37 appointed by the governor, by and with the advice and consent of the
38 senate, to serve at the pleasure of the governor; provided, however,
39 that the commissioner of the department of correctional services on the
40 effective date of this act shall serve as the commissioner of the divi-
41 sion of correctional services to serve at the pleasure of the governor
42 without further consent of the senate.
43 (d) The department of justice is responsible for all the functions,
44 powers, duties and obligations performed by the former department of
45 correctional services, the former division of criminal justice services,
46 the former division of state police, the former division of parole, the
47 former division of probation and correctional alternatives, the former
48 office for the prevention of domestic violence, the former crime victims
49 board, and the former state commission of correction.
50 § 2. Notwithstanding any inconsistent provision of law to the contra-
51 ry, effective April 1, 2000, all functions, powers, duties and obli-
52 gations of the New York state department of correctional services, as
S. 6294 13 A. 9294
1 defined in the correction law, shall be transferred to the department of
2 justice established by section one of this act.
3 § 3. Notwithstanding any inconsistent provision of law to the contra-
4 ry, effective April 1, 2000, all functions, powers, duties and obli-
5 gations of the New York state division of criminal justice services, as
6 defined in the executive law, shall be transferred to the department of
7 justice established by section one of this act.
8 § 4. Notwithstanding any inconsistent provision of law to the contra-
9 ry, effective April 1, 2000, all functions, powers, duties and obli-
10 gations of the New York state division of state police, as defined in
11 the executive law, shall be transferred to the department of justice
12 established by section one of this act.
13 § 5. Notwithstanding any inconsistent provision of law to the contra-
14 ry, effective April 1, 2000, all functions, powers, duties and obli-
15 gations of the New York state division of parole, as defined in the
16 executive law, shall be transferred to the department of justice estab-
17 lished by section one of this act.
18 § 6. Notwithstanding any inconsistent provision of law to the contra-
19 ry, effective April 1, 2000, all functions, powers, duties and obli-
20 gations of the New York state division of probation and correctional
21 alternatives, as defined in the executive law, shall be transferred to
22 the department of justice established by section one of this act.
23 § 7. Notwithstanding any inconsistent provision of law to the contra-
24 ry, effective April 1, 2000, all functions, powers, duties and obli-
25 gations of the New York state crime victims board, as defined in the
26 executive law, shall be transferred to the department of justice estab-
27 lished by section one of this act.
28 § 8. Notwithstanding any inconsistent provision of law to the contra-
29 ry, effective April 1, 2000, all functions, powers, duties and obli-
30 gations of the New York state office for the prevention of domestic
31 violence, as defined in the executive law, shall be transferred to the
32 department of justice established by section one of this act.
33 § 9. Notwithstanding any inconsistent provision of law to the contra-
34 ry, effective April 1, 2000, all functions, powers, duties and obli-
35 gations of the New York state state commission of correction, as defined
36 in the correction law, shall be transferred to the department of justice
37 established by section one of this act.
38 § 10. There is hereby established a temporary executive transition
39 commission which shall be responsible for developing a comprehensive
40 legislative proposal which would statutorily reflect the transfer of the
41 functions, powers, duties and obligations of the former department of
42 correctional services, the former division of criminal justice services,
43 the former division of state police, the former division of parole, the
44 former state commission of correction, the former division of probation
45 and correctional alternatives, the former crime victims board, and the
46 former office for the prevention of domestic violence to the department
47 of justice as established pursuant to the provisions of sections one
48 through twenty-three of this act. The members of the temporary executive
49 transition commission shall be appointed by the governor. The commission
50 shall submit a legislative proposal which further implements the trans-
51 fer of the functions, powers, duties and obligations of the former
52 department of correctional services, the former division of criminal
53 justice services, the former division of state police, the former divi-
54 sion of parole, the former state commission of correction, the former
55 division of probation and correctional alternatives, the former crime
56 victims board, and the former office for the prevention of domestic
S. 6294 14 A. 9294
1 violence to the appropriate successor divisions of the department of
2 justice to the temporary president of the senate and the speaker of the
3 assembly by December 1, 2000, or such later date as specified by the
4 governor.
5 § 11. The director of the department of justice shall enter into a
6 memorandum of understanding, where necessary, with other agencies
7 affected by the provisions of sections one through twenty-three of this
8 act to provide for the organization and continuation of functions,
9 powers, duties and obligations of the former department of correctional
10 services, the former division of criminal justice services, the former
11 division of state police, the former division of parole, the former
12 state commission of correction, the former division of probation and
13 correctional alternatives, the former crime victims board, and the
14 former office for the prevention of domestic violence. Any such memo-
15 randum of understanding shall resolve all matters with respect to the
16 allocation of responsibilities and functions herein transferred, includ-
17 ing but not limited to matters concerning the distribution of state and
18 federal local assistance programs and matters concerning systems
19 support. Any such memorandum of understanding also shall require the
20 director of the department of justice to report to the commission estab-
21 lished by section ten of this act on recommendations for the transfer of
22 functions, powers, duties and obligations of the former department of
23 correctional services, the former division of criminal justice services,
24 the former division of state police, the former division of parole, the
25 former state commission of correction, the former division of probation
26 and correctional alternatives, the former crime victims board, and the
27 former office for the prevention of domestic violence to the department
28 of justice.
29 § 12. Paragraph (a) of subdivision 1 of section 169 of the executive
30 law, as amended by chapter 634 of the laws of 1998, is amended to read
31 as follows:
32 (a) commissioner of correctional services, director of justice,
33 commissioner of education, commissioner of health, commissioner of
34 mental health, commissioner of mental retardation and developmental
35 disabilities, commissioner of children and family services, commissioner
36 of temporary and disability assistance, chancellor of the state univer-
37 sity of New York, commissioner of transportation, commissioner of envi-
38 ronmental conservation, and commissioner of general services;
39 § 13. Transfer of employees. 1. (a) Upon the transfer of functions
40 from the former department of correctional services, the former division
41 of criminal justice services, the former division of parole, the former
42 state commission of correction, the former division of probation and
43 correctional alternatives, the former crime victims board, and the
44 former office for the prevention of domestic violence to the department
45 of justice pursuant to sections one through twenty-three of this act,
46 provisions shall be made for the transfer to the successor department of
47 those employees of the former department of correctional services, the
48 former division of criminal justice services, the former division of
49 parole, the former state commission of correction, the former division
50 of probation and correctional alternatives, the former crime victims
51 board, and the former office for the prevention of domestic violence who
52 are engaged in carrying out the functions herein transferred in accord-
53 ance with section 70 of the civil service law or, where not subject to
54 the civil service law, the provisions of such section 70 shall be deemed
55 applicable, except where the context clearly requires otherwise. Any
56 such employee who, at the time of such transfer, has a temporary or
S. 6294 15 A. 9294
1 provisional appointment shall be transferred subject to the same right
2 of removal, examination or termination as though such transfer had not
3 been made except to the extent such rights are modified by a collective
4 bargaining agreement. Employees holding permanent appointments in
5 competitive class positions who are not transferred pursuant to this
6 section shall have their names entered upon an appropriate preferred
7 list for reinstatement pursuant to the civil service law.
8 (b) Upon the transfer of functions from the former division of state
9 police to the department of justice pursuant to sections one through
10 twenty-three of this act, civilian employees of the former division of
11 state police, appointed pursuant to section 211 of the executive law,
12 shall be deemed in the classified civil service, in accordance with the
13 civil service law, with the same protections as other classified civil
14 service employees, with transfer and layoff protections pursuant to
15 sections 70 and 80 of the civil service law. Any such employee who, at
16 the time of such transfer, has a temporary or provisional appointment
17 shall be transferred subject to the same right of removal, examination
18 or termination as though such transfer had not been made except to the
19 extent such rights are modified by a collective bargaining agreement.
20 Employees holding permanent appointments in competitive class positions
21 who are not transferred pursuant to this section shall have their names
22 entered upon an appropriate preferred list for reinstatement pursuant to
23 the civil service law.
24 2. A transferred employee shall remain in the same collective bargain-
25 ing unit as was the case prior to his or her transfer; successor employ-
26 ees to the positions held by such transferred employees shall, consist-
27 ent with the provisions of article 14 of the civil service law, be
28 included in the same unit as their predecessors. Employees other than
29 management or confidential persons (as defined in article 14 of the
30 civil service law), serving positions in newly created titles shall be
31 assigned to the appropriate bargaining unit. Nothing contained herein
32 shall be construed to affect:
33 (a) the rights of employees pursuant to a collective bargaining agree-
34 ment;
35 (b) the representational relationships among employee organizations or
36 the bargaining relationships between the state and an employee organiza-
37 tion; or
38 (c) existing law with respect to an application to the public employ-
39 ment relations board, provided, however, that the merger of such negoti-
40 ating units of employees shall be effected only with the consent of the
41 recognized and certified representative of such units and of the depart-
42 ment of law.
43 § 14. Transfer of records. All books, papers and property of the
44 former department of correctional services, the former division of crim-
45 inal justice services, the former division of state police, the former
46 division of parole, the former state commission of correction, the
47 former division of probation and correctional alternatives, the former
48 crime victims board, and the former office for the prevention of domes-
49 tic violence with respect to the functions, powers and duties trans-
50 ferred by sections one through twenty-three of this act are to be deliv-
51 ered to the successor department of justice, at such place and time, and
52 in such manner as the director of the department of justice shall
53 require.
54 § 15. Continuity of authority. For the purpose of succession to all
55 functions, powers, duties and obligations of the former department of
56 correctional services, the former division of criminal justice services,
S. 6294 16 A. 9294
1 the former division of state police, the former division of parole, the
2 former state commission of correction, the former division of probation
3 and correctional alternatives, the former crime victims board, and the
4 former office for the prevention of domestic violence transferred to and
5 assumed by the successor department of justice which shall continue the
6 operation of the various programs transferred pursuant to sections one
7 through twenty-three of this act as if operated by the former department
8 of correctional services, the former division of criminal justice
9 services, the former division of state police, the former division of
10 parole, the former state commission of correction, the former division
11 of probation and correctional alternatives, the former crime victims
12 board, and the former office for the prevention of domestic violence.
13 § 16. Completion of unfinished business. Any business or other matter
14 undertaken or commenced by the former department of correctional
15 services, the former division of criminal justice services, the former
16 division of state police, the former division of parole, the former
17 state commission of correction, the former division of probation and
18 correctional alternatives, the former crime victims board, and the
19 former office for the prevention of domestic violence pertaining to or
20 connected with the functions, powers, duties and obligations hereby
21 transferred and assigned to the successor department of justice and
22 pending on the effective date of April 1, 2000 shall be conducted and
23 completed by the successor department of justice in the same manner and
24 under the same terms and conditions and with the same effect as if
25 conducted and completed by the former department of correctional
26 services, the former division of criminal justice services, the former
27 division of state police, the former division of parole, the former
28 state commission of correction, the former division of probation and
29 correctional alternatives, the former crime victims board, and the
30 former office for the prevention of domestic violence.
31 § 17. Continuation of rules and regulations. All rules, regulations,
32 acts, orders, determinations, and decisions of the former department of
33 correctional services, the former division of criminal justice services,
34 the former division of state police, the former division of parole, the
35 former state commission of correction, the former division of probation
36 and correctional alternatives, the former crime victims board, and the
37 former office for the prevention of domestic violence in force at the
38 time of such transfer and assumption, shall continue in force and effect
39 as rules, regulations, acts, orders, determinations and decisions of the
40 successor department of justice until duly modified or abrogated by the
41 director.
42 § 18. Terms occurring in laws, contracts and other documents. Whenev-
43 er the former department of correctional services, the former division
44 of criminal justice services, the former division of state police, the
45 former division of parole, the former state commission of correction,
46 the former division of probation and correctional alternatives, the
47 former crime victims board, and the former office for the prevention of
48 domestic violence are referred to or designated in any law, contract or
49 document pertaining to the functions, powers, obligations and duties
50 hereby transferred and assigned, such reference or designation shall be
51 deemed to refer to the department of justice.
52 § 19. Existing rights and remedies preserved. No existing right or
53 remedy of any character shall be lost, impaired or affected by reason of
54 sections one through twenty-three of this act.
55 § 20. Pending actions or proceedings. No action or proceeding pending
56 at the time when sections one through twenty-three of this act shall
S. 6294 17 A. 9294
1 take effect relating to the functions, powers and duties of the former
2 department of correctional services, the former division of criminal
3 justice services, the former division of state police, the former divi-
4 sion of parole, the former state commission of correction, the former
5 division of probation and correctional alternatives, the former crime
6 victims board, and the former office for the prevention of domestic
7 violence transferred pursuant to sections one through twenty-three of
8 this act, brought by or against the department of correctional services
9 or the commissioner thereof, the division of criminal justice services
10 or the commissioner thereof, the division of state police or the super-
11 intendent thereof, the division of parole or the chairman thereof, the
12 state commission of correction or the chairman thereof, the division of
13 probation and correctional alternatives or the commissioner thereof, the
14 crime victims board or the chairman thereof, and the office for the
15 prevention of domestic violence or the director thereof shall be
16 affected by any provision of sections one through twenty-three of this
17 act, but the same may be prosecuted or defended in the name of the
18 successor director of the department of justice. In all such actions and
19 proceedings, the successor director, upon application to the court,
20 shall be substituted as a party.
21 § 21. Transfer of appropriations heretofore made. Subject to the
22 approval of the director of the budget, all appropriations and reappro-
23 priations heretofore made to the former department of correctional
24 services, the former division of criminal justice services, the former
25 division of state police, the former division of parole, the former
26 state commission of correction, the former division of probation and
27 correctional alternatives, the former crime victims board, and the
28 former office for the prevention of domestic violence for the functions
29 and purposes herein transferred by sections one through twenty-three of
30 this act to the successor department of justice to the extent of remain-
31 ing unexpended or unencumbered balances thereof, whether allocated or
32 unallocated and whether obligated or unobligated, are hereby transferred
33 to and made available for use and expenditure by the successor depart-
34 ment of justice for the same purposes for which originally appropriated
35 or reappropriated and shall be payable on vouchers certified or approved
36 by the director of the department of justice as the case may be on audit
37 and warrant of the comptroller. Payments for liabilities for expenses of
38 personal services, maintenance and operation heretofore incurred by and
39 for liabilities incurred and to be incurred in completing the affairs of
40 the former department of correctional services, the former division of
41 criminal justice services, the former division of state police, the
42 former division of parole, the former state commission of correction,
43 the former division of probation and correctional alternatives, the
44 former crime victims board, and the former office for the prevention of
45 domestic violence with respect to the powers, duties and functions
46 transferred herein, shall also be made on vouchers or certificates
47 approved by the successor director of the department of justice on audit
48 and warrant of the comptroller.
49 § 22. Transfer of assets and liabilities. All assets and liabilities
50 of the former department of correctional services, the former division
51 of criminal justice services, the former division of state police, the
52 former division of parole, the former state commission of correction,
53 the former division of probation and correctional alternatives, the
54 former crime victims board, and the former office for the prevention of
55 domestic violence are hereby transferred to and assumed by the successor
56 department of justice.
S. 6294 18 A. 9294
1 § 23. Notwithstanding any inconsistent provision of the state adminis-
2 trative procedure act, the department to which the functions, powers and
3 duties of the former department of correctional services, the former
4 division of criminal justice services, the former division of state
5 police, the former division of parole, the former state commission of
6 correction, the former division of probation and correctional alterna-
7 tives, the former crime victims board, and the former office for the
8 prevention of domestic violence are transferred shall be authorized to
9 promulgate regulations on an emergency basis to ensure the implementa-
10 tion of sections one through twenty-three of this act.
11 § 24. Notwithstanding any provision of law to the contrary, the attor-
12 ney general, the chairman of the workers compensation board and any
13 appropriate entity of the state, shall be authorized to promulgate regu-
14 lations on an emergency basis to ensure the implementation of this act
15 and may take any steps necessary to implement this act prior to its
16 effective date.
17 § 25. Severability clause. If any clause, sentence, paragraph, subdi-
18 vision, section or part of this act shall be adjudged by any court of
19 competent jurisdiction to be invalid, such judgment shall not affect,
20 impair, or invalidate the remainder thereof, but shall be confined in
21 its operation to the clause, sentence, paragraph, subdivision, section
22 or part thereof directly involved in the controversy in which such judg-
23 ment shall have been rendered. It is hereby declared to be the intent
24 of the legislature that this act would have been enacted even if such
25 invalid provisions had not been included herein.
26 § 26. This act shall take effect April 1, 2000.
27 PART K
28 Section 1. Sections 1 and 3 of chapter 119 of the laws of 1997, relat-
29 ing to authorizing the department of health to establish certain
30 payments to general hospitals, are amended to read as follows:
31 Section 1. 1. Notwithstanding any inconsistent provision of law or
32 regulation, effective for the period April 1, 1997 through March 31,
33 1998 and for annual periods beginning April 1 thereafter, the department
34 of health is authorized to pay voluntary non-profit general hospitals as
35 defined in subdivision 10 of section 2801 of the public health law addi-
36 tional payments for inpatient hospital services as medical assistance
37 payments pursuant to title 11 of article 5 of the social services law
38 and federal law and regulations governing disproportionate share
39 payments, based on the amount of state aid for which such general hospi-
40 tals are eligible pursuant to articles 25, 26 and 41 of the mental
41 hygiene law and as identified in subdivision 2 of this section. Payment
42 made pursuant to this section shall not exceed each such general hospi-
43 tal's cost of providing services to uninsured patients and patients
44 eligible for medical assistance pursuant to title 11 of article 5 of the
45 social services law after taking into consideration all other medical
46 assistance received, including disproportionate share payments made to
47 such general hospital, and payments from or on behalf of such uninsured
48 patients, and shall also not exceed the total amount of state aid, iden-
49 tified by subdivision 2 of this section, available to such general
50 hospital by law. Payments made to such general hospitals pursuant to
51 this section shall be made in lieu of any state aid payments available
52 to such general hospital by law.
53 2. The commissioners of mental health and alcoholism and substance
54 abuse services, after consultation with county directors of community
S. 6294 19 A. 9294
1 services, shall identify to the commissioner of health for the office of
2 mental health and office of alcoholism and substance abuse services
3 respectively, each such general hospital and the amounts to be distrib-
4 uted to each such general hospital pursuant to this section. For annual
5 periods beginning April 1, 1998 and thereafter, in determining the
6 amounts to be distributed to each such general hospital pursuant to this
7 section, such commissioners shall consider whether such general hospital
8 has served populations and/or provided services in the prior year simi-
9 lar to the populations served and services provided with the state aid
10 payments approved in state fiscal year 1996-97 utilized to determine the
11 disproportionate share payments made pursuant to this section. All
12 amounts to be distributed pursuant to this section shall be approved by
13 the director of the budget.
14 3. Notwithstanding any other provision of law regarding a local social
15 services district's share of payments pursuant to title 11 of article 5
16 of the social services law, the local social services district share of
17 the non-federal share of the amount approved in subdivision 2 of this
18 section associated with mental health and alcoholism and substance abuse
19 state aid payments shall be the same proportion of the total non-federal
20 share as the amount expended for services provided pursuant to an
21 approved local plan required by section 41.16 of the mental hygiene law
22 for the local district fiscal year commencing on or prior to January 1,
23 1997.
24 4. Revenues from payments pursuant to this section shall not be
25 included in gross revenue for purposes of the assessments pursuant to
26 section 2807-d of the public health law, subject to the provisions of
27 subdivision 12 of section 2807-d of the public health law and shall not
28 be included in gross revenue received for purposes of the assessments
29 pursuant to subdivision 18 of section 2807-c of the public health law
30 subject to the provisions of paragraph (e) of subdivision 18 of section
31 2807-c of the public health law.
32 5. The commissioners of mental health and alcoholism and substance
33 abuse services may adopt or amend or promulgate any regulation he or she
34 determines necessary to implement any provision of this section.
35 6. Payments made pursuant to this section shall be based initially on
36 reported 1995 reconciled data as further reconciled to actual reported
37 [1997] 2000 reconciled data. The payments may be made as quarterly
38 aggregate payments to an eligible general hospital.
39 § 3. This act shall take effect immediately and shall be deemed to
40 have been in full force and effect on and after April 1, 1997. This act
41 shall expire March 31, [2000] 2003.
42 § 2. This act shall take effect immediately.
43 PART L
44 Section 1. (a) Notwithstanding the provisions of subdivision (e) of
45 section 7.17, section 7.21 of the mental hygiene law or any other law to
46 the contrary, the commissioner of mental health or his or her designee
47 may reassign employees as provided for in subdivisions (b) and (c) of
48 this section.
49 (b) Notwithstanding the provisions of subdivision (e) of section 7.17,
50 section 7.21 of the mental hygiene law or any other law to the contrary,
51 the commissioner of mental health or his or her designee shall be the
52 appointing and removing authority for each separate grouping of psychi-
53 atric centers listed in subdivision (c) of this section, and he or she
54 shall have the power, within amounts appropriated therefor, to appoint
S. 6294 20 A. 9294
1 and remove, in accordance with law and applicable rules of the state
2 civil service commissioner, such officers and employees of the facili-
3 ties as are necessary for their efficient administration.
4 (c) Each of the following groupings of facilities, shall be considered
5 a separate facility for purposes of the appointment and removal authori-
6 ty of the commissioner of mental health or his or her designee, as
7 described in subdivision (b) of this section:
8 1. Pilgrim Psychiatric Center, Sagamore Children's Psychiatric Center,
9 Creedmoor Psychiatric Center and Queens Children's Psychiatric Center;
10 2. Bronx Psychiatric Center, Kingsboro Psychiatric Center, Kirby
11 Forensic Psychiatric Center, Manhattan Psychiatric Center, New York
12 State Psychiatric Institute, South Beach Psychiatric Center, Bronx Chil-
13 dren's Psychiatric Center and Brooklyn Children's Psychiatric Center;
14 3. Elmira Psychiatric Center and Binghamton Psychiatric Center;
15 4. Mohawk Valley Psychiatric Center, Central New York Psychiatric
16 Center and Richard H. Hutchings Psychiatric Center;
17 5. Buffalo Psychiatric Center and Western New York Children's Psychi-
18 atric Center; and
19 6. Middletown Psychiatric Center, Mid-Hudson Forensic Psychiatric
20 Center, Hudson River Psychiatric Center, Nathan S. Kline Institute for
21 Psychiatric Research, Rockland Psychiatric Center and Rockland Chil-
22 dren's Psychiatric Center.
23 § 2. This act shall take effect 30 days after it shall have become a
24 law.
25 PART M
26 Section 1. Subdivision (b) of section 13.17 of the mental hygiene law,
27 as amended by chapter 86 of the laws of 1999, is amended to read as
28 follows:
29 (b) There shall be in the office the developmental disabilities
30 services offices named below serving the areas either currently or
31 previously served by a school, for the care and treatment of the mental-
32 ly retarded and developmentally disabled and for research and teaching
33 in the science and skills required for the care and treatment of such
34 mentally retarded and developmentally disabled:
35 Bernard M. Fineson Developmental Disabilities Services Office
36 Brooklyn Developmental Disabilities Services Office
37 Broome Developmental Disabilities Services Office
38 Capital District Developmental Disabilities Services Office
39 Central New York Developmental Disabilities Services Office
40 Finger Lakes Developmental Disabilities Services Office
41 Institute for Basic Research in Developmental Disabilities
42 Hudson Valley Developmental Disabilities Services Office
43 Metro New York Developmental Disabilities Services Office
44 Long Island Developmental Disabilities Services Office
45 Sunmount Developmental Disabilities Services Office
46 Taconic Developmental Disabilities Services Office
47 Western New York Developmental Disabilities Services Office
48 Staten Island Developmental Disabilities Services Office
49 Norwich Center for Intensive Treatment
50 The New York State Institute for Basic Research in Developmental Disa-
51 bilities is designated as an institute for the conduct of medical
52 research and other scientific investigation directed towards furthering
53 knowledge of the etiology, diagnosis, treatment and prevention of mental
54 retardation and developmental disabilities.
S. 6294 21 A. 9294
1 § 2. This act shall take effect immediately.
2 PART N
3 Section 1. Subdivision 1 of section 210 of the military law, as added
4 by chapter 853 of the laws of 1953, is amended to read as follows:
5 1. Each member of the militia ordered into the active service of the
6 state pursuant to sections six and seven of this chapter, shall receive
7 for each day or part thereof of such duty the same pay and allowances as
8 are received by members of the appropriate force of the armed forces of
9 the United States of corresponding grade, rating and length of service,
10 or one hundred dollars per day, whichever is greater.
11 § 2. This act shall take effect April 1, 2000.
12 PART O
13 Section 1. Section 669-b of the education law is amended by adding a
14 new subdivision 5-a to read as follows:
15 5-a. Notwithstanding the provisions of subdivision three of this
16 section, the adjutant general may, as defined in agency regulation, and
17 within appropriated amounts, allow active members who have not completed
18 basic or advanced individual training or commissioning to participate in
19 the recruitment incentive program.
20 § 2. This act shall take effect April 1, 2000, provided, however, that
21 the amendments to section 669-b of the education law made by section one
22 of this act shall not affect the repeal of such section and shall be
23 deemed to be repealed therewith.
24 PART P
25 Section 1. Section 185 of the military law, as amended by chapter 141
26 of the laws of 1988, is amended to read as follows:
27 § 185. Disposal of useless property. Whenever state property issued
28 for the use of the organized militia shall become obsolete, useless or
29 superfluous, the adjutant general may cause the same to be sold or
30 otherwise disposed of [in accordance with the provisions of the state
31 finance law]. Whenever the adjutant general has determined state prop-
32 erty shall be sold, the availability of such property shall be adver-
33 tised at least once prior to sale in a local newspaper. Such advertise-
34 ment shall identify the property, the place where the terms of sale may
35 be obtained and the date upon which offers will be received. Every such
36 sale shall be made to the highest offer complying with the terms of
37 sale. The adjutant general shall deposit in the special revenue funds-
38 other, miscellaneous special revenue fund-339, armory rental account any
39 proceeds or income from the sale. A record of each sale shall be
40 retained and shall be subject to audit.
41 § 2. This act shall take effect April 1, 2000.
42 PART Q
43 Section 1. The section heading of section 403 of the vehicle and traf-
44 fic law, as amended by chapter 826 of the laws of 1985, is amended to
45 read as follows:
46 Number plates continued[; new plates beginning July first, nineteen
47 hundred eighty-six].
S. 6294 22 A. 9294
1 § 2. Subdivision 2 of section 403 of the vehicle and traffic law is
2 REPEALED and a new subdivision 2 is added to read as follows:
3 2. In the event the commissioner determines to issue a new number
4 plate or plates to each registrant or reregistrant of a vehicle regis-
5 tered pursuant to subdivision six of section four hundred one of this
6 article, the commissioner may charge such registrant or reregistrant an
7 additional fee of up to twenty dollars for any number plate containing
8 specially requested numerals and/or letters previously issued to the
9 applicant. Such fee shall be in addition to the registration fees
10 prescribed in such subdivision, but shall not be charged with respect to
11 any such plate for which an annual service charge for such numerals
12 and/or letters has been paid pursuant to section four hundred four or
13 four hundred four-l of this article.
14 § 3. This act shall take effect immediately.
REPEAL NOTE.--Subdivision 2 of section 403 of the vehicle and traffic
law, as amended by chapter 103 of the laws of 1986, repealed by this
act, established the previous statewide license plate reissuance begin-
ning July 1, 1986 bearing the statue of liberty emblem.
15 PART R
16 Section 1. Section 428 of the vehicle and traffic law is amended by
17 adding a new subdivision 4-a to read as follows:
18 4-a. If a driver's license is issued for a period of more than five
19 years pursuant to paragraph (a) of subdivision one of section five
20 hundred three of this chapter, any fees paid for the period commencing
21 after the first four year period of such driver's license pursuant to
22 paragraph (c) of subdivision two of such section shall be refunded
23 provided the driver's license is surrendered to the commissioner before
24 the end of the first four year period of such driver's license and
25 application therefor is filed with the commissioner no later than two
26 months from the expiration of the first four year period of such driv-
27 er's license.
28 § 2. This act shall take effect April 1, 2000.
29 PART S
30 Section 1. Subdivision 6 of section 415 of the vehicle and traffic
31 law, as amended by chapter 166 of the laws of 1991, is amended to read
32 as follows:
33 6. Fees. Every original application for registration as a dealer or
34 transporter shall be accompanied by an application fee of twenty-five
35 dollars, which shall in no event be refunded. The annual fee for regis-
36 tration as a new motor vehicle dealer or as a qualified dealer shall be
37 three hundred fifty dollars. The annual fee for registration as a
38 dealer, other than a new motor vehicle dealer or a qualified dealer, or
39 transporter or for renewal thereof shall be one hundred fifty dollars.
40 The annual fee for any other registration under this section shall be
41 fifty dollars. However, the commissioner may, in his discretion, issue a
42 renewal of either registration for a period of two years. The fee for a
43 two-year renewal shall be twice the annual fee. The annual fee for deal-
44 er or transporter number plates shall be twenty dollars for each set. If
45 the commissioner issues to dealers a document which is required to be
46 used by a dealer to sell or transfer a vehicle, the fee for the issuance
47 of each such document shall be one dollar. There shall be no refund of
48 registration fee or fees for number plates in the event of suspension,
S. 6294 23 A. 9294
1 revocation or voluntary cancellation of registration. The fee for any
2 such transfer document issued by the commissioner shall be refunded only
3 upon the surrender of such document upon voluntary cancellation of
4 registration.
5 § 2. This act shall take effect April 1, 2000.
6 PART T
7 Section 1. Subdivision (r) of section 427 of chapter 55 of the laws of
8 1992, amending the tax law and other laws relating to taxes, surcharges,
9 fees and funding, as amended by chapter 38 of the laws of 1998, is
10 amended to read as follows:
11 (r) the provisions of sections two hundred eighty-six through two
12 hundred ninety-one of this act shall apply to all persons released on
13 medical parole prior to April 10, [2000] 2002, and shall expire and be
14 of no further effect [8] 10 years following the date on which it shall
15 have become a law;
16 § 2. This act shall take effect immediately.
17 § 2. Severability clause. If any clause, sentence, paragraph, subdivi-
18 sion, section or part contained in any part of this act shall be
19 adjudged by any court of competent jurisdiction to be invalid, such
20 judgment shall not affect, impair, or invalidate the remainder thereof,
21 but shall be confined in its operation to the clause, sentence, para-
22 graph, subdivision, section or part contained in any part thereof
23 directly involved in the controversy in which such judgment shall have
24 been rendered. It is hereby declared to be the intent of the legislature
25 that this act would have been enacted even if such invalid provisions
26 had not been included herein.
27 § 3. This act shall take effect immediately provided, however, that
28 the applicable effective date of Parts A through T of this act shall be
29 as specifically set forth in the last section of such Part.