Bill Text: NY S03313 | 2023-2024 | General Assembly | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Replaces the terms "mentally retarded", "mental retardation" and variants thereof with "developmentally disabled" and "developmental disability".
Spectrum: Bipartisan Bill
Status: (Passed) 2023-09-14 - SIGNED CHAP.370 [S03313 Detail]
Download: New_York-2023-S03313-Amended.html
Bill Title: Replaces the terms "mentally retarded", "mental retardation" and variants thereof with "developmentally disabled" and "developmental disability".
Spectrum: Bipartisan Bill
Status: (Passed) 2023-09-14 - SIGNED CHAP.370 [S03313 Detail]
Download: New_York-2023-S03313-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 3313--A 2023-2024 Regular Sessions IN SENATE 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: 1 Section 1. That portion of subdivision 1 of section 5-a of the legis- 2 lative law entitled "ASSEMBLYMEN SERVING IN SPECIAL CAPACITY", as 3 amended by section 3 of part XX of chapter 56 of the laws of 2009, is 4 amended to read as follows: 5 ASSEMBLYMEN SERVING IN SPECIAL CAPACITY 6 Chairman of assembly ways and means committee ................... 34,000 7 Ranking minority member of assembly ways and means 8 committee ...................................................... 20,500 9 Chairman of assembly judiciary committee ........................ 18,000 10 Ranking minority member of assembly judiciary 11 committee ...................................................... 11,000 12 Chairman of assembly codes committee ............................ 18,000 13 Ranking minority member of assembly codes 14 committee ...................................................... 11,000 15 Chairman of assembly banks committee ............................ 15,000 16 Ranking minority member of assembly banks committee .............. 9,500 17 Chairman of assembly committee on cities ........................ 15,000 18 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. LBD06636-03-3S. 3313--A 2 1 Chairman of assembly education committee ........................ 18,000 2 Ranking minority member of assembly education committee ......... 11,000 3 Chairman of assembly health committee ........................... 15,000 4 Ranking minority member of assembly health committee ............. 9,500 5 Chairman of assembly local governments committee ................ 15,000 6 Ranking minority member of assembly local governments 7 committee ....................................................... 9,500 8 Chairman of assembly agriculture committee ...................... 12,500 9 Ranking minority member of assembly agriculture committee ........ 9,000 10 Chairman of assembly economic development, job creation, 11 commerce and industry committee ................................ 18,000 12 Ranking minority member of assembly economic development, 13 job creation, commerce and industry committee .................. 11,000 14 Chairman of assembly environmental conservation committee ....... 12,500 15 Ranking minority member of assembly environmental 16 conservation committee .......................................... 9,000 17 Chairman of assembly corporations, authorities 18 and commissions committee ...................................... 15,000 19 Ranking minority member of assembly corporations, 20 authorities, and commissions committee .......................... 9,500 21 Chairman of assembly correction committee ....................... 12,500 22 Ranking minority member of assembly correction committee ......... 9,000 23 Chairman of assembly ethics and guidance committee .............. 12,500 24 Ranking minority member of assembly ethics and guidance 25 committee ....................................................... 9,000 26 Chairman of assembly governmental employees committee ........... 12,500 27 Ranking minority member of assembly governmental 28 employees committee ............................................. 9,000 29 Chairman of assembly governmental operations committee .......... 12,500 30 Ranking minority member of assembly governmental 31 operations committee ............................................ 9,000 32 Chairman of assembly housing committee .......................... 12,500 33 Ranking minority member of assembly housing committee ............ 9,000 34 Chairman of assembly insurance committee ........................ 12,500 35 Ranking minority member of assembly insurance committee .......... 9,000 36 Chairman of assembly labor committee ............................ 14,000 37 Ranking minority member of assembly labor committee .............. 9,000 38 Chairman of assembly racing and wagering committee .............. 12,500 39 Ranking minority member of assembly racing and wagering 40 committee ....................................................... 9,000 41 Chairman of assembly social services committee .................. 12,500 42 Ranking minority member of assembly social services 43 committee ....................................................... 9,000 44 Chairman of assembly small business committee ................... 12,500 45 Ranking minority member of assembly small business 46 committee ....................................................... 9,000 47 Chairman of assembly transportation committee ................... 15,000 48 Ranking minority member of assembly transportation 49 committee ....................................................... 9,500 50 Chairman of assembly veterans' affairs committee ................ 12,500 51 Ranking minority member of assembly veterans' affairs 52 committee ....................................................... 9,000 53 Chairman of assembly aging committee ............................ 12,500 54 Ranking minority member of assembly aging committee .............. 9,000 55 Chairman of the assembly alcoholism and drug abuseS. 3313--A 3 1 committee ...................................................... 12,500 2 Ranking minority member of the assembly 3 alcoholism and drug abuse committee ............................. 9,000 4 Chairman of assembly committee on mental health[,5mental retardation and developmental disabilities] ............. 12,500 6 Ranking minority member of assembly committee on mental health[,7mental retardation and developmental disabilities] .............. 9,000 8 Chairman of assembly higher education committee ................. 12,500 9 Ranking minority member of assembly higher education 10 committee ....................................................... 9,000 11 Chairman of assembly real property taxation committee ........... 12,500 12 Ranking minority member of assembly real property 13 taxation committee .............................................. 9,000 14 Chairman of assembly election law committee ..................... 12,500 15 Ranking minority member of assembly election 16 law committee ................................................... 9,000 17 Chairman of assembly children and families committee ............ 12,500 18 Ranking minority member of assembly children 19 and families committee .......................................... 9,000 20 Chairman of assembly consumer affairs and protection 21 committee ...................................................... 12,500 22 Ranking minority member of assembly consumer affairs and 23 protection committee ............................................ 9,000 24 Chairman of the assembly energy committee ....................... 12,500 25 Ranking minority member of assembly energy committee ............. 9,000 26 Chairman of assembly tourism, parks, arts and sports development 27 committee ...................................................... 12,500 28 Ranking minority member of assembly tourism, parks, arts and 29 sports development committee .................................... 9,000 30 Chairman of assembly oversight, analysis and investigation 31 committee ...................................................... 12,500 32 Ranking minority member of assembly oversight, 33 analysis and investigation committee ............................ 9,000 34 Chairman of assembly office of state-federal relations .......... 12,500 35 Chairman of majority house operations ........................... 12,500 36 Chairman of minority house operations ............................ 9,000 37 Co-chairman of the administrative regulations review 38 commission ..................................................... 12,500 39 § 2. Paragraph a of subdivision 1 of section 47-b of the private hous- 40 ing finance law, as amended by chapter 479 of the laws of 2022, is 41 amended to read as follows: 42 a. "Community mental health and developmental disabilities facility" 43 shall mean a building, a unit within a building, a laboratory, a class- 44 room, a housing unit, a dining hall, an activities center, a library, or 45 any structure on or improvement to real property of any kind or 46 description, including fixtures and equipment which are an integral part 47 of such building, unit or structure or improvement, a walkway, a roadway 48 or a parking lot and improvements and connections for water, sewer, gas, 49 electrical, telephone, heating, air conditioning and other utility 50 services, or a combination of any of the foregoing, whether for patient 51 care and treatment or staff, staff family or service use, located in a 52 city, or in a county not wholly included within a city, authorized to 53 provide community mental health services in accordance with the 54 provisions of article forty-one of title E of the mental hygiene law, 55 which is utilized or to be utilized for the administration and conductS. 3313--A 4 1 of programs for people living with either mental illness or develop- 2 mental disabilities, or both, and for the provision of services there- 3 for. A community mental health and [retardation] developmental disabili- 4 ties facility shall also mean and include a residential facility to be 5 operated as a community residence for the mentally disabled, and a 6 treatment facility for use in the conduct of an alcoholism treatment 7 program or of a substance abuse treatment program as defined in the 8 mental hygiene law. 9 § 3. An undesignated paragraph of paragraph (b) of subdivision 2 of 10 section 1676 of the public authorities law, as added by chapter 433 of 11 the laws of 1988, is amended to read as follows: 12 New Hope Community, Inc., a not-for-profit corporation, for the 13 financing, construction and development of residences for [mentally14retarded and developmentally disabled] adults with a developmental disa- 15 bility on forty acres of land purchased from Leon and Dave Scharf, 16 d.b.a. New Hope Rehabilitation Center, located on State Route 52 in the 17 Town of Fallsburg, to replace existing residential facilities operated 18 by New Hope Rehabilitation Center. 19 § 4. An undesignated paragraph of paragraph (b) of subdivision 2 of 20 section 1676 of the public authorities law, as added by chapter 384 of 21 the laws of 1998, is amended to read as follows: 22 Terence Cardinal Cooke Health Care Center for the[,] financing, refi- 23 nancing, construction, reconstruction, renovation, development, improve- 24 ment, expansion, and equipping of facilities to serve aged, disabled, 25 and chronically impaired, [mentally retarded and developmentally disa-26bled persons] and persons who have a developmental disability. 27 § 5. An undesignated paragraph of subdivision 1 of section 1680 of the 28 public authorities law, as added by chapter 433 of the laws of 1988, is 29 amended to read as follows: 30 New Hope Community, Inc., a not-for-profit corporation, for the 31 financing, construction and development of residences for [mentally32retarded and developmentally disabled] adults with a developmental disa- 33 bility on forty acres of land purchased from Leon and Dave Scharf, 34 d.b.a. New Hope Rehabilitation Center, located on State Route 52 in the 35 Town of Fallsburg, to replace existing residential facilities operated 36 by New Hope Rehabilitation Center. 37 § 6. An undesignated paragraph of subdivision 1 of section 1680 of the 38 public authorities law, as added by chapter 384 of the laws of 1998, is 39 amended to read as follows: 40 Terence Cardinal Cooke Health Care Center for the financing, refinanc- 41 ing, construction, reconstruction, renovation, development, improvement, 42 expansion, and equipping of facilities to serve aged, disabled, and 43 chronically impaired, [mentally retarded and developmentally disabled44persons] and persons who have a developmental disability. 45 § 7. Paragraphs a and b of subdivision 7 of section 9-a of section 1 46 of chapter 392 of the laws of 1973, constituting the New York state 47 medical care facilities finance agency act, paragraph a as added by 48 chapter 58 of the laws of 1987 and paragraph b as amended by chapter 506 49 of the laws of 1997, are amended to read as follows: 50 a. The agency shall have the power to acquire by lease or deed from 51 the facilities development corporation any real property acquired by the 52 corporation pursuant to the provisions of subdivision six of section 53 nine of the facilities development corporation act (i) for the purpose 54 of constructing, reconstructing, rehabilitating or improving thereon one 55 or more community mental health and [retardation] developmental disabil- 56 ities facilities or (ii) for the purpose of financing or refinancing theS. 3313--A 5 1 acquisition, construction, reconstruction, rehabilitation or improvement 2 thereon of one or more community mental health and [retardation] devel- 3 opmental disabilities facilities, pursuant to the provisions of this act 4 and the facilities development corporation act. The agency is hereby 5 authorized to lease or sublease such real property and facilities there- 6 on to the corporation for the purpose of making the same available to a 7 city or a county not wholly within a city, for use and occupancy in 8 accordance with the provisions of a lease, sublease or other agreement 9 between the corporation and such city or county. 10 b. In the event that the agency shall fail, within five years after 11 the date of a lease or conveyance of such real property from property 12 from such city or county to the corporation, to construct, reconstruct, 13 rehabilitate or improve the community mental health and [retardation] 14 developmental disabilities facility or facility thereon for which such 15 lease or conveyance was made, as provided for in a lease, sublease or 16 other financing agreement entered into by such city or county and the 17 corporation, then, subject to the terms of any lease, sublease or other 18 financing agreement undertaken by the agency, such real property and any 19 facilities thereon shall revert to the corporation with right of re-en- 20 try thereupon, and such lease or deed shall be made subject to such 21 condition of reverter and re-entry. Provided, however, that as a condi- 22 tion precedent to the exercise of such right of re-entry the corporation 23 shall pay to the agency an amount equal to the sum of the purchase price 24 of such real property, the depreciated cost of any community mental 25 health and [retardation] developmental disabilities facility or facili- 26 ties constructed, reconstructed, rehabilitated or improved thereon and 27 all other costs of the agency incident to the acquisition of such lands 28 and the financing of construction, reconstruction, rehabilitation or 29 improvement relating to such community mental health and [retardation] 30 developmental disabilities facility or facilities, all as provided in 31 the aforesaid lease, sublease or other financing agreement entered into 32 with the corporation. It is further provided that for the Corona unit of 33 the Bernard M. Fineson developmental disabilities services office, the 34 corporation may but is not required to pay to the agency an amount less 35 than or equal to the purchase price of the real property, the depreci- 36 ated cost of the sum of the community mental health and [retardation] 37 developmental disabilities facility constructed, reconstructed, rehabil- 38 itated, demolished or improved thereon and all other costs of the agency 39 incident to the acquisition of such lands and the financing of 40 construction, reconstruction, rehabilitation, demolition or improvement 41 relating to such community mental health and [retardation] developmental 42 disabilities facility, all as provided in the aforesaid lease, sublease 43 or other financing agreement entered into with the corporation. 44 § 8. This act shall take effect immediately; provided, however, that: 45 (a) the amendments to an undesignated paragraph of paragraph (b) of 46 subdivision 2 of section 1676 of the public authorities law made by 47 section four of this act shall not affect the repeal of such undesig- 48 nated paragraph and shall be deemed repealed therewith; and 49 (b) the amendments to an undesignated paragraph of subdivision 1 of 50 section 1680 of the public authorities law made by section six of this 51 act shall not affect the repeal of such undesignated paragraph and shall 52 be deemed repealed therewith.
