Legislative Bill Drafting Commission
12333-02-0
S. --------
SENATE
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IN SENATE--Introduced by Sen
--read twice and ordered printed,
and when printed to be committed
to the Committee on
-------- A.
ASSEMBLY
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IN ASSEMBLY--Introduced by M. of A.
--read once and referred to the
Committee on
*BUDGBI*
(Enacts provisions of law to imple-
ment and impact upon the appropri-
ations made in the 2000-2001 public
protection, health and mental hy-
giene budget)
--------
Public protect. Budgt Language
A BUDGET BILL submitted by the Gov-
ernor in accordance with Article VII
of the Constitution
AN ACT
to amend the judiciary law, in
relation to compensation of assist-
ant 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
2 12333-02-0
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 educa-
tion 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 effec-
tiveness 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 educa-
tion 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 effective-
ness 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
(H); to amend chapter 989 of the
laws of 1958, relating to the tempo-
rary state commission of investi-
gation, in relation to extending the
provisions of such chapter (I); to
3 12333-02-0
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 continue
certain payments to general hospi-
tals (K); to authorize the commis-
sioner of mental health to appoint
and remove officers and employees of
certain psychiatric hospitals oper-
ated by the office of mental health
(L); to amend the mental hygiene
law, in relation to establishing the
Norwich center for intensive treat-
ment (M); to amend the military law,
in relation to minimum pay for
active duty (N); to amend the educa-
tion 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 organized
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 registra-
tions (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
Assembly, do enact as follows:
4 12333-02-0
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
25 court may, with the consent of the capital defender office, appoint the
26 office to represent the defendant. At least one of the proposed teams
5 12333-02-0
1 of qualified lead and associate counsel on any list submitted pursuant
2 to this subdivision shall regularly practice within the judicial depart-
3 ment in which the defendant has been charged. With respect to a juris-
4 diction in which the capital defender office has entered into an agree-
5 ment to provide representation with a legal aid society, office of
6 public defender or other not-for-profit organization providing criminal
7 defense services, the capital defender office may designate the society,
8 public defender or organization for appointment as counsel pursuant to
9 this section and need not submit a list of four proposed teams of quali-
10 fied lead and associate counsel for appointment. In the event that coun-
11 sel is not appointed pursuant to the foregoing provisions of this subdi-
12 vision, the court may appoint any attorney whose name appears on a
13 roster established pursuant to subdivision five of this section for
14 appointment as lead or associate counsel. In the event no such attorney
15 is available, the court may appoint an attorney eligible for appointment
16 pursuant to article eighteen-B of the county law who is competent to
17 represent defendants charged with murder and other serious felonies.
18 With respect to an appeal from a judgment including a sentence of death,
19 the court of appeals shall assign lead counsel only, but for good cause
20 shown, the court may assign associate counsel. With respect to an
21 initial motion pursuant to section 440.10 or 440.20 of the criminal
22 procedure law, and any appeal therefrom, the appropriate court shall
23 assign lead counsel only. The trial court shall assign counsel in
24 connection with such a motion and the court of appeals shall assign
25 counsel in connection with any appeal therefrom.
26 (b) At any time after counsel has been appointed pursuant to paragraph
27 (a) of this subdivision, the court either on its own or upon written
28 request by lead counsel may direct the assignment of one assistant coun-
6 12333-02-0
1 sel and/or one paralegal when necessary and appropriate to promote the
2 efficient and economic delivery of criminal defense services. With
3 respect to assistant counsel, the court shall not require that the
4 assignment by made from a list or roster established in this section,
5 but shall require that the assistant counsel meet the approved minimum
6 standards established pursuant to subparagraph (iv) of paragraph (a) of
7 subdivision four of this section. Additional assistant counsel and/or
8 paralegals shall not be assigned unless the court determines that, in
9 addition to the foregoing criteria in this paragraph, a compelling need
10 exists for such assignment. An assistant counsel or paralegal assigned
11 pursuant to this paragraph shall be eligible for compensation in accord-
12 ance with subdivision nine of this section.
13 § 2. Subparagraph (iv) of paragraph (b) of subdivision 4 of section
14 35-b of the judiciary law, as added by chapter 1 of the laws of 1995, is
15 amended to read as follows:
16 (iv) To determine, in consultation with the administrative board of
17 the judicial conference, proposed minimum standards for lead Õandå,
18 associate and assistant counsel in capital cases. In determining the
19 minimum standards, the capital defender office in consultation with the
20 administrative board of the judicial conference shall consider among
21 other factors both the needs of the state for an adequate number of
22 attorneys to represent defendants in capital cases and the needs of
23 defendants in capital cases for competent counsel. The minimum stand-
24 ards, and any modifications thereto which the capital defender office in
25 consultation with the administrative board of the judicial conference
26 may from time to time propose, shall be submitted for approval to the
27 court of appeals. Prior to approving the minimum standards and any
7 12333-02-0
1 modifications thereto the court shall invite the submission of written
2 comments from interested parties;
3 § 3. Subdivision 5 of section 35-b of the judiciary law, as added by
4 chapter 1 of the laws of 1995, is amended to read as follows:
5 5. (a) A screening panel shall be established in each judicial depart-
6 ment consisting of four members, two of whom shall be appointed by the
7 board of directors of the capital defender office and two of whom shall
8 be appointed by the presiding justice of each judicial department. Each
9 screening panel shall establish and periodically update a roster of
10 attorneys qualified for appointment as lead counsel or associate counsel
11 pursuant to the provisions of this section. The capital defender
12 office, in consultation with the administrative board of the judicial
13 conference, shall promulgate regulations to provide that qualified
14 attorneys whose names appear on such rosters and who wish to be
15 appointed to represent defendants in capital cases, are given fair
16 opportunity to receive such appointments. Each screening panel shall
17 also promulgate and periodically update, in consultation with the admin-
18 istrative board of the judicial conference, a schedule of fees to be
19 paid attorneys pursuant to this section in each department, which sched-
20 ule shall be subject to the approval of the court of appeals. Prior to
21 approving fee schedules, the court shall invite the submission of writ-
22 ten comments from interested parties. Fee schedules shall be promulgat-
23 ed and approved after reviewing the rates of compensation generally paid
24 in the department to attorneys with substantial experience in the repre-
25 sentation of defendants charged with murder or other serious felonies,
26 and shall be adequate to ensure that qualified attorneys are available
27 to represent defendants eligible to receive counsel pursuant to this
28 section.
8 12333-02-0
1 (b) Each screening panel shall also promulgate and periodically
2 update, in consultation with the administrative board of the judicial
3 conference, a schedule of fees to be paid to assistant counsel and
4 paralegals pursuant to this section in each department, which schedule
5 shall be subject to the approval of the court of appeals. Prior to
6 approving fee schedules, the court shall invite the submission of writ-
7 ten comments from interested parties. Fee schedules shall be promulgated
8 and approved after reviewing the rates of compensation generally paid in
9 the department to attorneys and paralegals with substantial experience
10 in assisting in the delivery of criminal defense services to defendants
11 charged with murder or other serious felonies, and shall be adequate to
12 ensure that qualified attorneys and paralegals are available to repre-
13 sent defendants eligible to receive counsel pursuant to this section.
14 (c) Each appellate division, in consultation with the screening panel,
15 shall establish the rates of fees and expenses to be paid for expert,
16 investigative and other reasonably necessary services pursuant to this
17 section.
18 § 4. Paragraph (b) of subdivision 4 of section 35-b of the judiciary
19 law is amended by adding two new subparagraphs (vii) and (viii) to read
20 as follows:
21 (vii) The hourly rates of compensation for legal services rendered
22 pursuant to agreements entered into by the capital defender office with
23 legal aid societies, offices of public defender or other not-for-profit
24 organizations providing criminal defense services for defendants in
25 capital cases shall not exceed the rates approved for counsel pursuant
26 to subdivision five of this section.
27 (viii) Notwithstanding any other provision of law, the capital defen-
28 der office shall submit to the chairman of the senate finance committee,
9 12333-02-0
1 the chairman of the assembly ways and means committee, and the director
2 of the budget, a report showing for each case, the defendant, the names
3 of counsel, paralegal and expert/investigative services assigned to the
4 case, case status, date of appointment and removal of counsel, paralegal
5 and expert/investigative services, date of submission of notice of
6 intent to seek the death penalty, and the amount of funds disbursed and
7 the in-court and out-of-court hours devoted to the case by counsel,
8 paralegal and expert/investigative services on a quarterly, year-to-
9 date, and life to date basis.
10 § 5. This act shall take effect April 1, 2000.
11 PART B
12 Section 1. Section 2 of chapter 887 of the laws of 1983, amending the
13 correction law relating to the psychological testing of candidates for
14 the position of correction officer, as amended by chapter 32 of the laws
15 of 1998, is amended to read as follows:
16 § 2. This act shall take effect on the one hundred eightieth day after
17 it shall have become a law and shall remain in effect until April 1,
18 Õ2000å 2002.
19 § 2. This act shall take effect immediately.
20 PART C
21 Section 1. Subdivision 1 of section 60.35 of the penal law, as amended
22 by chapter 55 of the laws of 1992, is amended to read as follows:
23 1. Except as provided in section eighteen hundred nine of the vehicle
24 and traffic law and section 27.12 of the parks, recreation and historic
25 preservation law, whenever proceedings in an administrative tribunal or
10 12333-02-0
1 a court of this state result in a conviction for a felony, a misdemea-
2 nor, or a violation, as these terms are defined in section 10.00 of this
3 chapter, there shall be levied at sentencing a mandatory surcharge and a
4 crime victim assistance fee in addition to any sentence required or
5 permitted by law, in accordance with the following schedule:
6 (a) a person convicted of a felony shall pay a mandatory surcharge of
7 Õone hundred fiftyå two hundred dollars and a crime victim assistance
8 fee of Õfiveå ten dollars;
9 (b) a person convicted of a misdemeanor shall pay a mandatory
10 surcharge of Õeighty-fiveå one hundred ten dollars and a crime victim
11 assistance fee of Õfiveå ten dollars;
12 (c) a person convicted of a violation shall pay a mandatory surcharge
13 of Õfortyå fifty dollars and a crime victim assistance fee of Õfiveå ten
14 dollars.
15 § 2. Subdivision 1 of section 1809 of the vehicle and traffic law, as
16 amended by chapter 55 of the laws of 1992, paragraph (c) as amended by
17 chapter 379 of the laws of 1992, is amended to read as follows:
18 1. Whenever proceedings in an administrative tribunal or a court of
19 this state result in a conviction for an offense under this chapter or a
20 traffic infraction under this chapter, or a local law, ordinance, rule
21 or regulation adopted pursuant to this chapter, other than a traffic
22 infraction involving standing, stopping, or parking or violations by
23 pedestrians or bicyclists, or other than an adjudication of liability of
24 an owner for a violation of subdivision (d) of section eleven hundred
25 eleven of this chapter in accordance with section eleven hundred
26 eleven-a of this chapter, there shall be levied a mandatory surcharge,
27 in addition to any sentence required or permitted by law, in accordance
28 with the following schedule:
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1 (a) Whenever proceedings in an administrative tribunal or a court of
2 this state result in a conviction for a traffic infraction pursuant to
3 article nine of this chapter, there shall be levied a mandatory
4 surcharge, in addition to any sentence required or permitted by law, in
5 the amount of Õfifteenå twenty dollars.
6 (b) Whenever proceedings in an administrative tribunal or a court of
7 this state result in a conviction for a misdemeanor or felony pursuant
8 to section eleven hundred ninety-two of this chapter, there shall be
9 levied, in addition to any sentence required or permitted by law, a
10 crime victim assistance fee in the amount of Õfiveå ten dollars and a
11 mandatory surcharge in accordance with the following schedule:
12 (i) a person convicted of a felony shall pay a mandatory surcharge of
13 Õone hundred fiftyå two hundred dollars;
14 (ii) a person convicted of a misdemeanor shall pay a mandatory
15 surcharge of Õeighty-fiveå one hundred ten dollars.
16 (c) Whenever proceedings in an administrative tribunal or a court of
17 this state result in a conviction for an offense under this chapter
18 other than a crime pursuant to section eleven hundred ninety-two of this
19 chapter, or a traffic infraction under this chapter, or a local law,
20 ordinance, rule or regulation adopted pursuant to this chapter, other
21 than a traffic infraction involving standing, stopping, or parking or
22 violations by pedestrians or bicyclists, or other than an adjudication
23 of liability of an owner for a violation of subdivision (d) of section
24 eleven hundred eleven of this chapter in accordance with section eleven
25 hundred eleven-a of this chapter or other than an infraction pursuant to
26 article nine of this chapter or other than an adjudication of liability
27 of an owner for a violation of toll collection regulations pursuant to
28 section two thousand nine hundred eighty-five of the public authorities
12 12333-02-0
1 law or sections sixteen-a, sixteen-b and sixteen-c of chapter seven
2 hundred seventy-four of the laws of nineteen hundred fifty, there shall
3 be levied a mandatory surcharge, in addition to any sentence required or
4 permitted by law, in the amount of Õtwenty-fiveå thirty dollars.
5 § 3. This act shall take effect April 1, 2000; provided, however, that
6 the amendments to subdivision 1 of section 1809 of the vehicle and traf-
7 fic law made by section two of this act shall not affect the expiration
8 and reversion of such subdivision and shall be deemed to expire there-
9 with.
10 PART D
11 Section 1. Sections 2 and 7 of chapter 829 of the laws of 1990 are
12 REPEALED.
13 § 2. Section 8 of chapter 829 of the laws of 1990, as amended by
14 section 3 of part H of chapter 412 of the laws of 1999, is amended to
15 read as follows:
16 § 8. This act shall take effect ÕApril 1, 2000, provided however,
17 that sections one, three, four, five and six of this act shall take
18 effectå immediately.
19 § 3. This act shall take effect April 1, 2000.
20 PART E
21 Section 1. Article 11 of the public health law is amended by adding a
22 new title 5 to read as follows:
23 TITLE V
24 PUBLIC WATER SUPPLY PROTECTION PROGRAM
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1 Section 1180. Definitions.
2 1181. Public water supply fees.
3 1182. Water supply protection program account.
4 § 1180. Definitions. As used in this title:
5 1. A "public water system" is any system which provides piped water to
6 the public for human consumption, if such system has at least five
7 service connections or regularly serves an average of twenty-five indi-
8 viduals daily at least sixty days of the year; except for systems which
9 consist of only distribution and storage facilities, obtain all their
10 water from a public water system, do not sell water to any person and
11 which are not a carrier which conveys passengers in interstate commerce.
12 2. A "community water system" is a public water system which serves at
13 least five service connections used by year-round residents or regularly
14 serves at least twenty-five year-round residents.
15 3. A "service connection" is the pertinent pipes, valves and fittings
16 that connect a public water supply distribution system to a consumer's
17 facility.
18 4. A "commercial/industrial facility" is a customer of a community
19 water system with their own service connection that purchases one
20 million or more gallons of water a year at least partly for commercial
21 and/or industrial purposes.
22 5. A "local health department" means that division of the city or
23 county government having jurisdiction over the public health of a city
24 or county.
25 § 1181. Public water supply fees. 1. The commissioner shall annually
26 assess a fee to recover costs to the state in regulating public water
27 supply systems and the costs of enforcement of the state sanitary code
28 as it relates to the design, construction, operation, maintenance and
14 12333-02-0
1 protection of public water systems. Effective April first, two thousand,
2 the fee shall be:
3 (a) three dollars per service connection for any community water
4 system that serves more than one thousand people;
5 (b) one hundred dollars for each community water system that serves
6 between one hundred and one thousand people. This fee shall be collected
7 by community water suppliers and paid to the state annually.
8 (c) two hundred fifty dollars for each commercial/industrial facility
9 within a public water system's service area purchasing one million or
10 more gallons of water a year.
11 2. No fees shall be authorized, charged or assessed by the department
12 and/or the local health departments pursuant to article six of this
13 chapter which are related to the activities listed in paragraph (a) of
14 subdivision two of section eleven hundred eighty-two of this title.
15 Local health departments may assess fees for public water supply
16 protection program activities pursuant to section six hundred six of
17 this chapter that are not related to the activities listed in paragraph
18 (a) of subdivision two of section eleven hundred eighty-two of this
19 title.
20 § 1182. Water supply protection program account. 1. All monies
21 collected pursuant to section eleven hundred eighty-one of this title
22 shall be deposited into the miscellaneous special revenue fund - 339,
23 public water supply protection program account, which is hereby estab-
24 lished.
25 2. (a) Monies available in the public water supply protection program
26 account shall be used to support the department's activities relating
27 to: ensuring compliance with the state sanitary code as it relates to
28 public water quality standards and the design, construction, operation,
15 12333-02-0
1 maintenance and protection of public water supply systems; providing
2 technical assistance to community water suppliers; investigating the
3 causes of water-borne disease; evaluating the occurrence of disease
4 causing agents in public water supplies and investigating treatment
5 technologies to ensure the protection of public health.
6 (b) The department shall distribute such monies as are appropriated
7 for such purposes to local health departments responsible for enforcing
8 the state sanitary code as it relates to public water systems. Local
9 health departments shall demonstrate a maintenance of effort in their
10 public water supply protection program and shall maintain expenditures
11 excluding program fee revenue equivalent to an average of the base years
12 of nineteen hundred ninety-seven and nineteen hundred ninety-eight, as
13 determined by the department, to be eligible for any monies pursuant to
14 this subdivision. Local health departments assessing fees pursuant to
15 article six of this chapter which are related to the activities listed
16 in paragraph (a) of this subdivision shall be reimbursed in an amount
17 equal to the average of any public water supply fees collected in the
18 base years of nineteen hundred ninety-seven and nineteen hundred nine-
19 ty-eight, as determined by the department.
20 (c) A portion of the monies available may be suballocated to other
21 state agencies to provide services relating to the protection of public
22 water supplies.
23 3. Monies made available to local health departments pursuant to this
24 section shall only be used for local public water supply protection
25 program activities approved by the department.
26 § 2. This act shall take effect April 1, 2000.
27 PART F
16 12333-02-0
1 Section 1. Subdivision 1 of section 211 of chapter 474 of the laws of
2 1996 amending the education law and other laws relating to rates for
3 residential health care facilities is amended by adding two new para-
4 graphs (c) and (d) to read as follows:
5 (c) Notwithstanding any inconsistent provision of law or regulation to
6 the contrary, effective beginning April 1, 2000, and thereafter, within
7 amounts appropriated, the department of health is authorized to pay
8 public general hospitals, other than those operated by the state of New
9 York or the state university of New York, as defined in subdivision 10
10 of section 2801 of the public health law, located in a city with a popu-
11 lation of over one million, upon projection or reconciliation of all
12 other payments made pursuant to this subdivision prior to the applica-
13 tion of this paragraph, additional payments as so projected or recon-
14 ciled, for inpatient hospital services as medical assistance payments
15 pursuant to title 11 of article 5 of the social services law for
16 patients eligible for federal financial participation under title XIX of
17 the federal social security act in medical assistance pursuant to the
18 federal laws and regulations governing disproportionate share payments
19 to hospitals based on the relative share of each such non-state operated
20 public general hospital of medical assistance and uninsured patient
21 losses after all other medical assistance, including disproportionate
22 share payments to such public general hospitals. These additional
23 payments, if appropriated, may be added to rates of payment or made as
24 aggregate payments to an eligible public general hospital.
25 (d) Notwithstanding any inconsistent provision of law or regulation to
26 the contrary, effective for the state fiscal year beginning April 1,
27 2000, the department of health is authorized to pay public general
28 hospitals, other than those operated by the state of New York or the
17 12333-02-0
1 state university of New York, as defined in subdivision 10 of section
2 2801 of the public health law, located in a city with a population of
3 over one million, an additional payment pursuant to paragraph (c) of
4 this section for inpatient hospital services of up to 103 million
5 dollars, as medical assistance pursuant to title 11 of article 5 of the
6 social services law for patients eligible for federal financial partic-
7 ipation under title XIX of the federal social security act in medical
8 assistance pursuant to the federal laws and regulations governing
9 disproportionate share payments to hospitals based on the relative share
10 of each such non-state operated public general hospital of medical
11 assistance and uninsured patient losses after all other medical assist-
12 ance, including disproportionate share payments to such public general
13 hospitals.
14 § 2. Notwithstanding any provision of law, rule or regulation to the
15 contrary, monthly assessments due for any period prior to January 1,
16 2000, which are paid in full and accompanied by appropriate reports
17 pursuant to section 2807-d or 3614-a of the public health law or section
18 367-i of the social services law and which are received on or before
19 December 31, 2000, shall not be subject to interest or penalties as
20 otherwise provided in section 2807-d or 3614-a of the public health law
21 or section 367-i of the social services law, provided, however, that
22 with regard to all assessment, interest and penalty amounts collected by
23 the commissioner of health by the effective date of this act the inter-
24 est and penalty provisions of sections 2807-d and 3614-a of the public
25 health law and section 367-i of the social services law shall remain in
26 full force and effect and such amounts collected shall not be subject to
27 further reconciliation or adjustment.
18 12333-02-0
1 § 3. Section 4 of chapter 19 of the laws of 1998, amending the social
2 services law relating to limiting the method of payment for prescription
3 drugs under the medical assistance program is amended to read as
4 follows:
5 § 4. This act shall take effect 120 days after it shall have become a
6 law and shall expire and be deemed repealed March 31, Õ2000å 2001.
7 § 4. Notwithstanding any contrary provision of law, for the period
8 April 1, 2000 through March 31, 2001, the effectiveness of the
9 provisions of subdivisions 4, 7, 7-a and 7-b of section 2807 and subdi-
10 vision 4 of section 3614 of the public health law and the provisions of
11 section 18 of chapter 2 of the laws of 1998, as they relate to the time
12 frames for notice, approval or certification of rates of payment, maxi-
13 mum rates of payment or maximum charges and to the requirement of prior
14 notice of rates of payment, are hereby suspended and shall be deemed to
15 be without any force or effect.
16 § 5. If any clause, sentence, paragraph, section or part of this act,
17 shall be adjudged by any court of competent jurisdiction to be invalid,
18 such judgment shall not affect, impair or invalidate the remainder ther-
19 eof, but shall be confined in its operation to the clause, sentence,
20 paragraph, section or part thereof directly involved in the controversy
21 in which such judgment shall have been rendered.
22 § 6. This act shall take effect immediately and shall be deemed to
23 have been in full force and effect on and after April 1, 2000; provided,
24 however, that nothing contained herein shall be deemed to affect the
25 application, qualification, expiration, reversion or repeal of any
26 provisions of law amended by any section of this act and the provisions
27 of this act shall be applied or qualified or shall expire or revert or
19 12333-02-0
1 be deemed repealed in the same manner, to the same extent and on the
2 same date as the case may be as otherwise provided by law.
3 PART G
4 Section 1. Section 10 of chapter 649 of the laws of 1996 amending
5 the public health law, the mental hygiene law and the social services
6 law relating to authorizing the establishment of special needs plans is
7 amended to read as follows:
8 § 10. This act shall take effect immediately and shall be deemed to
9 have been in full force and effect on and after July 1, 1996Õ; provided,
10 however, that sections one, two, three and seven of this act shall
11 expire and be deemed repealed on July 1, 2000 provided, however that the
12 amendments to section 364-j of the social services law made by section
13 four of this act shall not affect the expiration of such section and
14 shall be deemed to expire therewithå.
15 § 2. Section 11 of chapter 710 of the laws of 1988 amending the
16 social services law and the education law relating to medical assistance
17 eligibility of certain persons and providing for managed medical care
18 demonstration programs, as amended by chapter 649 of the laws of 1996,
19 is amended to read as follows:
20 § 11. This act shall take effect immediately; except that the
21 provisions of sections one, two, three, four, eight and ten of this act
22 shall take effect on the ninetieth day after it shall have become a law;
23 and except that the provisions of sections five, six and seven of this
24 act shall take effect January 1, 1989; and except that effective imme-
25 diately, the addition, amendment and/or repeal of any rule or regulation
26 necessary for the implementation of this act on its effective date are
20 12333-02-0
1 authorized and directed to be made and completed on or before such
2 effective date; provided, however, that Õthe provisions of section 364-j
3 of the social services law, as added by section one of this act shall
4 expire and be deemed repealed on and after July 1, 2000,å the provisions
5 of section 364-k of the social services law, as added by section two of
6 this act, except subdivision 10 of such section, shall expire and be
7 deemed repealed on and after January 1, 1994, and the provisions of
8 subdivision 10 of section 364-k of the social services law, as added by
9 section two of this act, shall expire and be deemed repealed on January
10 1, 1995.
11 § 3. Subdivision (c) of section 62 of chapter 165 of the laws of 1991
12 amending the public health law and other laws relating to establishing
13 payments for medical assistance, as amended by chapter 649 of the laws
14 of 1996, is amended to read as follows:
15 (c) Õsection 364-j of the social services law, as amended by section
16 eight of this act andå subdivision 6 of section 367-a of the social
17 services law as added by section twelve of this act shall expire and be
18 deemed repealed on July 1, 2000 and provided further, that the amend-
19 ments to the provisions of section 364-j shall only apply to managed
20 care programs approved on or after the effective date of this act;
21 § 4. This act shall take effect July 1, 2000.
22 PART H
23 Section 1. Section 367-b of the social services law is amended by
24 adding two new subdivisions 13 and 14 to read as follows:
25 13. Notwithstanding any inconsistent provision of law, in lieu of
26 payments authorized by this chapter from funds otherwise due to local
21 12333-02-0
1 social services districts or in lieu of payments of federal funds other-
2 wise due to local social services districts for programs provided under
3 the federal social security act or the federal food stamp act, funds in
4 amounts certified by the commissioner of the office of temporary and
5 disability assistance or the commissioner of the office of children and
6 family services or the commissioner of health as due from local social
7 services districts as their share of payments made pursuant to this
8 section, may be set-aside by the state comptroller in an interest-bear-
9 ing account with such interest accruing to the credit of the locality,
10 pursuant to an estimate provided by the commissioner of health of a
11 local social services district's share of medical assistance payments.
12 Should funds otherwise payable to a local social services district from
13 appropriations made to the office of temporary and disability assist-
14 ance, the office of children and family services, and the department of
15 health be insufficient to fully fund the amounts identified by the
16 commissioner of health as necessary to liquidate the local share of
17 payments to be made pursuant to this section on behalf of the local
18 social services district, the commissioner of health may identify other
19 state or federal payments payable to that local social services district
20 or any other county agency including, but not limited to the county
21 department of health, from appropriations made to the state department
22 of health, and may authorize the state comptroller to set-aside such
23 payments in the interest-bearing account with such interest accruing to
24 the credit of the locality. Upon such determination by the commissioner
25 of health that insufficient funds are payable to a local social services
26 district and any other county agency receiving payments from the office
27 of temporary and disability assistance, the office of children and fami-
28 ly services, and the state department of health from appropriations made
22 12333-02-0
1 to these agencies, the state comptroller shall withhold payments from
2 any of the general fund - local assistance accounts or payments made
3 from any of the special revenue - federal local assistance accounts,
4 provided, however, that such federal payments shall be withheld only
5 after such federal funds are properly credited to the county through
6 vouchers, claims or other warrants properly received, approved, and paid
7 by the state comptroller and set-aside such disbursements in the inter-
8 est-bearing account with such interest accruing to the credit of the
9 locality until such time that the amount withheld from each county is
10 determined by the commissioner of health to be sufficient to fully
11 liquidate the local share of payments, as estimated by the commissioner
12 of health, to be made pursuant to this section on behalf of that local
13 social services district.
14 14. Notwithstanding any other provision of law, effective on or before
15 January first, two thousand one, the local social services district
16 share of medical assistance payments made by the state on behalf of the
17 local social services district shall be paid to the state by the local
18 social services district using electronic funds transfer under the
19 supervision of the state comptroller and pursuant to rules and regu-
20 lations of the commissioner of health. The state comptroller shall
21 deposit such funds in the medicaid management information system escrow
22 fund to the credit of each local district. In the event that the state
23 comptroller and commissioner of health determine that there are insuffi-
24 cient funds available from the local district to liquidate their local
25 share of medical assistance payments, the commissioner of health shall
26 issue a repayment schedule to the state comptroller for purposes of
27 reducing reimbursement from other sources of payment from the state to
28 the city or county of which the local social services district is a part
23 12333-02-0
1 in accordance with subdivision thirteen of this section, until the
2 amounts due from the local district are recovered in full plus any
3 interest that would have otherwise accrued to the fund had such fund had
4 sufficient balances from the local district. Upon determination by the
5 state comptroller that insufficient sources of payment are available to
6 fully liquidate the local social services district share of medical
7 assistance payments, the commissioner of health shall include in such
8 schedule a charge to the county equal to the amount of interest other-
9 wise earned by the state short-term interest pool, plus any interest
10 penalty as the commissioner of health may determine, until such time as
11 the district has fully liquidated its liability pursuant to the
12 provisions of this chapter.
13 § 2. This act shall take effect April 1, 2000.
14 PART I
15 Section 1. Section 13 of chapter 989 of the laws of 1958, relating to
16 the temporary state commission of investigation, as amended by chapter
17 43 of the laws of 1998, is amended to read as follows:
18 § 13. This act shall take effect May 1, 1958 and remain in effect
19 until April 30, Õ2000å 2002.
20 § 2. This act shall take effect immediately.
21 PART J
22 Section 1. (a) Notwithstanding any inconsistent provision of law to
23 the contrary, effective April 1, 2000, the department of correctional
24 12333-02-0
1 services is hereby renamed the division of correctional services and
2 there is hereby established a department of justice.
3 (b) The head of the department of justice shall be the director of the
4 department of justice. The director shall be appointed by the governor,
5 by and with the advice and consent of the senate, to serve at the pleas-
6 ure of the governor; provided, however, that the commissioner of the
7 division of criminal justice services on the effective date of this act
8 shall serve as the director of the department of justice to serve at the
9 pleasure of the governor without further consent of the senate.
10 (c) The head of the division of correctional services shall be the
11 commissioner of correctional services. The commissioner shall be
12 appointed by the governor, by and with the advice and consent of the
13 senate, to serve at the pleasure of the governor; provided, however,
14 that the commissioner of the department of correctional services on the
15 effective date of this act shall serve as the commissioner of the divi-
16 sion of correctional services to serve at the pleasure of the governor
17 without further consent of the senate.
18 (d) The department of justice is responsible for all the functions,
19 powers, duties and obligations performed by the former department of
20 correctional services, the former division of criminal justice services,
21 the former division of state police, the former division of parole, the
22 former division of probation and correctional alternatives, the former
23 office for the prevention of domestic violence, the former crime victims
24 board, and the former state commission of correction.
25 § 2. Notwithstanding any inconsistent provision of law to the contra-
26 ry, effective April 1, 2000, all functions, powers, duties and obli-
27 gations of the New York state department of correctional services, as
25 12333-02-0
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.
26 12333-02-0
1 § 8. Notwithstanding any inconsistent provision of law to the contra-
2 ry, effective April 1, 2000, all functions, powers, duties and obli-
3 gations of the New York state office for the prevention of domestic
4 violence, as defined in the executive law, shall be transferred to the
5 department of justice established by section one of this act.
6 § 9. Notwithstanding any inconsistent provision of law to the contra-
7 ry, effective April 1, 2000, all functions, powers, duties and obli-
8 gations of the New York state state commission of correction, as defined
9 in the correction law, shall be transferred to the department of justice
10 established by section one of this act.
11 § 10. There is hereby established a temporary executive transition
12 commission which shall be responsible for developing a comprehensive
13 legislative proposal which would statutorily reflect the transfer of the
14 functions, powers, duties and obligations of the former department of
15 correctional services, the former division of criminal justice services,
16 the former division of state police, the former division of parole, the
17 former state commission of correction, the former division of probation
18 and correctional alternatives, the former crime victims board, and the
19 former office for the prevention of domestic violence to the department
20 of justice as established pursuant to the provisions of sections one
21 through twenty-three of this act. The members of the temporary executive
22 transition commission shall be appointed by the governor. The commission
23 shall submit a legislative proposal which further implements the trans-
24 fer of the functions, powers, duties and obligations of the former
25 department of correctional services, the former division of criminal
26 justice services, the former division of state police, the former divi-
27 sion of parole, the former state commission of correction, the former
28 division of probation and correctional alternatives, the former crime
27 12333-02-0
1 victims board, and the former office for the prevention of domestic
2 violence to the appropriate successor divisions of the department of
3 justice to the temporary president of the senate and the speaker of the
4 assembly by December 1, 2000, or such later date as specified by the
5 governor.
6 § 11. The director of the department of justice shall enter into a
7 memorandum of understanding, where necessary, with other agencies
8 affected by the provisions of sections one through twenty-three of this
9 act to provide for the organization and continuation of functions,
10 powers, duties and obligations of the former department of correctional
11 services, the former division of criminal justice services, the former
12 division of state police, the former division of parole, the former
13 state commission of correction, the former division of probation and
14 correctional alternatives, the former crime victims board, and the
15 former office for the prevention of domestic violence. Any such memo-
16 randum of understanding shall resolve all matters with respect to the
17 allocation of responsibilities and functions herein transferred, includ-
18 ing but not limited to matters concerning the distribution of state and
19 federal local assistance programs and matters concerning systems
20 support. Any such memorandum of understanding also shall require the
21 director of the department of justice to report to the commission estab-
22 lished by section ten of this act on recommendations for the transfer of
23 functions, powers, duties and obligations of the former department of
24 correctional services, the former division of criminal justice services,
25 the former division of state police, the former division of parole, the
26 former state commission of correction, the former division of probation
27 and correctional alternatives, the former crime victims board, and the
28 12333-02-0
1 former office for the prevention of domestic violence to the department
2 of justice.
3 § 12. Paragraph (a) of subdivision 1 of section 169 of the executive
4 law, as amended by chapter 634 of the laws of 1998, is amended to read
5 as follows:
6 (a) commissioner of correctional services, director of justice,
7 commissioner of education, commissioner of health, commissioner of
8 mental health, commissioner of mental retardation and developmental
9 disabilities, commissioner of children and family services, commissioner
10 of temporary and disability assistance, chancellor of the state univer-
11 sity of New York, commissioner of transportation, commissioner of envi-
12 ronmental conservation, and commissioner of general services;
13 § 13. Transfer of employees. 1. (a) Upon the transfer of functions
14 from the former department of correctional services, the former division
15 of criminal justice services, the former division of parole, the former
16 state commission of correction, the former division of probation and
17 correctional alternatives, the former crime victims board, and the
18 former office for the prevention of domestic violence to the department
19 of justice pursuant to sections one through twenty-three of this act,
20 provisions shall be made for the transfer to the successor department of
21 those employees of the former department of correctional services, the
22 former division of criminal justice services, the former division of
23 parole, the former state commission of correction, the former division
24 of probation and correctional alternatives, the former crime victims
25 board, and the former office for the prevention of domestic violence who
26 are engaged in carrying out the functions herein transferred in accord-
27 ance with section 70 of the civil service law or, where not subject to
28 the civil service law, the provisions of such section 70 shall be deemed
29 12333-02-0
1 applicable, except where the context clearly requires otherwise. Any
2 such employee who, at the time of such transfer, has a temporary or
3 provisional appointment shall be transferred subject to the same right
4 of removal, examination or termination as though such transfer had not
5 been made except to the extent such rights are modified by a collective
6 bargaining agreement. Employees holding permanent appointments in
7 competitive class positions who are not transferred pursuant to this
8 section shall have their names entered upon an appropriate preferred
9 list for reinstatement pursuant to the civil service law.
10 (b) Upon the transfer of functions from the former division of state
11 police to the department of justice pursuant to sections one through
12 twenty-three of this act, civilian employees of the former division of
13 state police, appointed pursuant to section 211 of the executive law,
14 shall be deemed in the classified civil service, in accordance with the
15 civil service law, with the same protections as other classified civil
16 service employees, with transfer and layoff protections pursuant to
17 sections 70 and 80 of the civil service law. Any such employee who, at
18 the time of such transfer, has a temporary or provisional appointment
19 shall be transferred subject to the same right of removal, examination
20 or termination as though such transfer had not been made except to the
21 extent such rights are modified by a collective bargaining agreement.
22 Employees holding permanent appointments in competitive class positions
23 who are not transferred pursuant to this section shall have their names
24 entered upon an appropriate preferred list for reinstatement pursuant to
25 the civil service law.
26 2. A transferred employee shall remain in the same collective bargain-
27 ing unit as was the case prior to his or her transfer; successor employ-
28 ees to the positions held by such transferred employees shall, consist-
30 12333-02-0
1 ent with the provisions of article 14 of the civil service law, be
2 included in the same unit as their predecessors. Employees other than
3 management or confidential persons (as defined in article 14 of the
4 civil service law), serving positions in newly created titles shall be
5 assigned to the appropriate bargaining unit. Nothing contained herein
6 shall be construed to affect:
7 (a) the rights of employees pursuant to a collective bargaining agree-
8 ment;
9 (b) the representational relationships among employee organizations or
10 the bargaining relationships between the state and an employee organiza-
11 tion; or
12 (c) existing law with respect to an application to the public employ-
13 ment relations board, provided, however, that the merger of such negoti-
14 ating units of employees shall be effected only with the consent of the
15 recognized and certified representative of such units and of the depart-
16 ment of law.
17 § 14. Transfer of records. All books, papers and property of the
18 former department of correctional services, the former division of crim-
19 inal justice services, the former division of state police, the former
20 division of parole, the former state commission of correction, the
21 former division of probation and correctional alternatives, the former
22 crime victims board, and the former office for the prevention of domes-
23 tic violence with respect to the functions, powers and duties trans-
24 ferred by sections one through twenty-three of this act are to be deliv-
25 ered to the successor department of justice, at such place and time, and
26 in such manner as the director of the department of justice shall
27 require.
31 12333-02-0
1 § 15. Continuity of authority. For the purpose of succession to all
2 functions, powers, duties and obligations of the former department of
3 correctional services, the former division of criminal justice services,
4 the former division of state police, the former division of parole, the
5 former state commission of correction, the former division of probation
6 and correctional alternatives, the former crime victims board, and the
7 former office for the prevention of domestic violence transferred to and
8 assumed by the successor department of justice which shall continue the
9 operation of the various programs transferred pursuant to sections one
10 through twenty-three of this act as if operated by the former department
11 of correctional services, the former division of criminal justice
12 services, the former division of state police, the former division of
13 parole, the former state commission of correction, the former division
14 of probation and correctional alternatives, the former crime victims
15 board, and the former office for the prevention of domestic violence.
16 § 16. Completion of unfinished business. Any business or other matter
17 undertaken or commenced by the former department of correctional
18 services, the former division of criminal justice services, the former
19 division of state police, the former division of parole, the former
20 state commission of correction, the former division of probation and
21 correctional alternatives, the former crime victims board, and the
22 former office for the prevention of domestic violence pertaining to or
23 connected with the functions, powers, duties and obligations hereby
24 transferred and assigned to the successor department of justice and
25 pending on the effective date of April 1, 2000 shall be conducted and
26 completed by the successor department of justice in the same manner and
27 under the same terms and conditions and with the same effect as if
28 conducted and completed by the former department of correctional
32 12333-02-0
1 services, the former division of criminal justice services, the former
2 division of state police, the former division of parole, the former
3 state commission of correction, the former division of probation and
4 correctional alternatives, the former crime victims board, and the
5 former office for the prevention of domestic violence.
6 § 17. Continuation of rules and regulations. All rules, regulations,
7 acts, orders, determinations, and decisions of the former department of
8 correctional services, the former division of criminal justice services,
9 the former division of state police, the former division of parole, the
10 former state commission of correction, the former division of probation
11 and correctional alternatives, the former crime victims board, and the
12 former office for the prevention of domestic violence in force at the
13 time of such transfer and assumption, shall continue in force and effect
14 as rules, regulations, acts, orders, determinations and decisions of the
15 successor department of justice until duly modified or abrogated by the
16 director.
17 § 18. Terms occurring in laws, contracts and other documents. Whenev-
18 er the former department of correctional services, the former division
19 of criminal justice services, the former division of state police, the
20 former division of parole, the former state commission of correction,
21 the former division of probation and correctional alternatives, the
22 former crime victims board, and the former office for the prevention of
23 domestic violence are referred to or designated in any law, contract or
24 document pertaining to the functions, powers, obligations and duties
25 hereby transferred and assigned, such reference or designation shall be
26 deemed to refer to the department of justice.
33 12333-02-0
1 § 19. Existing rights and remedies preserved. No existing right or
2 remedy of any character shall be lost, impaired or affected by reason of
3 sections one through twenty-three of this act.
4 § 20. Pending actions or proceedings. No action or proceeding pending
5 at the time when sections one through twenty-three of this act shall
6 take effect relating to the functions, powers and duties of the former
7 department of correctional services, the former division of criminal
8 justice services, the former division of state police, the former divi-
9 sion of parole, the former state commission of correction, the former
10 division of probation and correctional alternatives, the former crime
11 victims board, and the former office for the prevention of domestic
12 violence transferred pursuant to sections one through twenty-three of
13 this act, brought by or against the department of correctional services
14 or the commissioner thereof, the division of criminal justice services
15 or the commissioner thereof, the division of state police or the super-
16 intendent thereof, the division of parole or the chairman thereof, the
17 state commission of correction or the chairman thereof, the division of
18 probation and correctional alternatives or the commissioner thereof, the
19 crime victims board or the chairman thereof, and the office for the
20 prevention of domestic violence or the director thereof shall be
21 affected by any provision of sections one through twenty-three of this
22 act, but the same may be prosecuted or defended in the name of the
23 successor director of the department of justice. In all such actions and
24 proceedings, the successor director, upon application to the court,
25 shall be substituted as a party.
26 § 21. Transfer of appropriations heretofore made. Subject to the
27 approval of the director of the budget, all appropriations and reappro-
28 priations heretofore made to the former department of correctional
34 12333-02-0
1 services, the former division of criminal justice services, the former
2 division of state police, the former division of parole, the former
3 state commission of correction, the former division of probation and
4 correctional alternatives, the former crime victims board, and the
5 former office for the prevention of domestic violence for the functions
6 and purposes herein transferred by sections one through twenty-three of
7 this act to the successor department of justice to the extent of remain-
8 ing unexpended or unencumbered balances thereof, whether allocated or
9 unallocated and whether obligated or unobligated, are hereby transferred
10 to and made available for use and expenditure by the successor depart-
11 ment of justice for the same purposes for which originally appropriated
12 or reappropriated and shall be payable on vouchers certified or approved
13 by the director of the department of justice as the case may be on audit
14 and warrant of the comptroller. Payments for liabilities for expenses of
15 personal services, maintenance and operation heretofore incurred by and
16 for liabilities incurred and to be incurred in completing the affairs of
17 the former department of correctional services, the former division of
18 criminal justice services, the former division of state police, the
19 former division of parole, the former state commission of correction,
20 the former division of probation and correctional alternatives, the
21 former crime victims board, and the former office for the prevention of
22 domestic violence with respect to the powers, duties and functions
23 transferred herein, shall also be made on vouchers or certificates
24 approved by the successor director of the department of justice on audit
25 and warrant of the comptroller.
26 § 22. Transfer of assets and liabilities. All assets and liabilities
27 of the former department of correctional services, the former division
28 of criminal justice services, the former division of state police, the
35 12333-02-0
1 former division of parole, the former state commission of correction,
2 the former division of probation and correctional alternatives, the
3 former crime victims board, and the former office for the prevention of
4 domestic violence are hereby transferred to and assumed by the successor
5 department of justice.
6 § 23. Notwithstanding any inconsistent provision of the state adminis-
7 trative procedure act, the department to which the functions, powers and
8 duties of the former department of correctional services, the former
9 division of criminal justice services, the former division of state
10 police, the former division of parole, the former state commission of
11 correction, the former division of probation and correctional alterna-
12 tives, the former crime victims board, and the former office for the
13 prevention of domestic violence are transferred shall be authorized to
14 promulgate regulations on an emergency basis to ensure the implementa-
15 tion of sections one through twenty-three of this act.
16 § 24. Notwithstanding any provision of law to the contrary, the attor-
17 ney general, the chairman of the workers compensation board and any
18 appropriate entity of the state, shall be authorized to promulgate regu-
19 lations on an emergency basis to ensure the implementation of this act
20 and may take any steps necessary to implement this act prior to its
21 effective date.
22 § 25. Severability clause. If any clause, sentence, paragraph, subdi-
23 vision, section or part of this act shall be adjudged by any court of
24 competent jurisdiction to be invalid, such judgment shall not affect,
25 impair, or invalidate the remainder thereof, but shall be confined in
26 its operation to the clause, sentence, paragraph, subdivision, section
27 or part thereof directly involved in the controversy in which such judg-
28 ment shall have been rendered. It is hereby declared to be the intent
36 12333-02-0
1 of the legislature that this act would have been enacted even if such
2 invalid provisions had not been included herein.
3 § 26. This act shall take effect April 1, 2000.
4 PART K
5 Section 1. Sections 1 and 3 of chapter 119 of the laws of 1997, relat-
6 ing to authorizing the department of health to establish certain
7 payments to general hospitals, are amended to read as follows:
8 Section 1. 1. Notwithstanding any inconsistent provision of law or
9 regulation, effective for the period April 1, 1997 through March 31,
10 1998 and for annual periods beginning April 1 thereafter, the department
11 of health is authorized to pay voluntary non-profit general hospitals as
12 defined in subdivision 10 of section 2801 of the public health law addi-
13 tional payments for inpatient hospital services as medical assistance
14 payments pursuant to title 11 of article 5 of the social services law
15 and federal law and regulations governing disproportionate share
16 payments, based on the amount of state aid for which such general hospi-
17 tals are eligible pursuant to articles 25, 26 and 41 of the mental
18 hygiene law and as identified in subdivision 2 of this section. Payment
19 made pursuant to this section shall not exceed each such general hospi-
20 tal's cost of providing services to uninsured patients and patients
21 eligible for medical assistance pursuant to title 11 of article 5 of the
22 social services law after taking into consideration all other medical
23 assistance received, including disproportionate share payments made to
24 such general hospital, and payments from or on behalf of such uninsured
25 patients, and shall also not exceed the total amount of state aid, iden-
26 tified by subdivision 2 of this section, available to such general
37 12333-02-0
1 hospital by law. Payments made to such general hospitals pursuant to
2 this section shall be made in lieu of any state aid payments available
3 to such general hospital by law.
4 2. The commissioners of mental health and alcoholism and substance
5 abuse services, after consultation with county directors of community
6 services, shall identify to the commissioner of health for the office of
7 mental health and office of alcoholism and substance abuse services
8 respectively, each such general hospital and the amounts to be distrib-
9 uted to each such general hospital pursuant to this section. For annual
10 periods beginning April 1, 1998 and thereafter, in determining the
11 amounts to be distributed to each such general hospital pursuant to this
12 section, such commissioners shall consider whether such general hospital
13 has served populations and/or provided services in the prior year simi-
14 lar to the populations served and services provided with the state aid
15 payments approved in state fiscal year 1996-97 utilized to determine the
16 disproportionate share payments made pursuant to this section. All
17 amounts to be distributed pursuant to this section shall be approved by
18 the director of the budget.
19 3. Notwithstanding any other provision of law regarding a local social
20 services district's share of payments pursuant to title 11 of article 5
21 of the social services law, the local social services district share of
22 the non-federal share of the amount approved in subdivision 2 of this
23 section associated with mental health and alcoholism and substance abuse
24 state aid payments shall be the same proportion of the total non-federal
25 share as the amount expended for services provided pursuant to an
26 approved local plan required by section 41.16 of the mental hygiene law
27 for the local district fiscal year commencing on or prior to January 1,
28 1997.
38 12333-02-0
1 4. Revenues from payments pursuant to this section shall not be
2 included in gross revenue for purposes of the assessments pursuant to
3 section 2807-d of the public health law, subject to the provisions of
4 subdivision 12 of section 2807-d of the public health law and shall not
5 be included in gross revenue received for purposes of the assessments
6 pursuant to subdivision 18 of section 2807-c of the public health law
7 subject to the provisions of paragraph (e) of subdivision 18 of section
8 2807-c of the public health law.
9 5. The commissioners of mental health and alcoholism and substance
10 abuse services may adopt or amend or promulgate any regulation he or she
11 determines necessary to implement any provision of this section.
12 6. Payments made pursuant to this section shall be based initially on
13 reported 1995 reconciled data as further reconciled to actual reported
14 Õ1997å 2000 reconciled data. The payments may be made as quarterly
15 aggregate payments to an eligible general hospital.
16 § 3. This act shall take effect immediately and shall be deemed to
17 have been in full force and effect on and after April 1, 1997. This act
18 shall expire March 31, Õ2000å 2003.
19 § 2. This act shall take effect immediately.
20 PART L
21 Section 1. (a) Notwithstanding the provisions of subdivision (e) of
22 section 7.17, section 7.21 of the mental hygiene law or any other law to
23 the contrary, the commissioner of mental health or his or her designee
24 may reassign employees as provided for in subdivisions (b) and (c) of
25 this section.
39 12333-02-0
1 (b) Notwithstanding the provisions of subdivision (e) of section 7.17,
2 section 7.21 of the mental hygiene law or any other law to the contrary,
3 the commissioner of mental health or his or her designee shall be the
4 appointing and removing authority for each separate grouping of psychi-
5 atric centers listed in subdivision (c) of this section, and he or she
6 shall have the power, within amounts appropriated therefor, to appoint
7 and remove, in accordance with law and applicable rules of the state
8 civil service commissioner, such officers and employees of the facili-
9 ties as are necessary for their efficient administration.
10 (c) Each of the following groupings of facilities, shall be considered
11 a separate facility for purposes of the appointment and removal authori-
12 ty of the commissioner of mental health or his or her designee, as
13 described in subdivision (b) of this section:
14 1. Pilgrim Psychiatric Center, Sagamore Children's Psychiatric Center,
15 Creedmoor Psychiatric Center and Queens Children's Psychiatric Center;
16 2. Bronx Psychiatric Center, Kingsboro Psychiatric Center, Kirby
17 Forensic Psychiatric Center, Manhattan Psychiatric Center, New York
18 State Psychiatric Institute, South Beach Psychiatric Center, Bronx Chil-
19 dren's Psychiatric Center and Brooklyn Children's Psychiatric Center;
20 3. Elmira Psychiatric Center and Binghamton Psychiatric Center;
21 4. Mohawk Valley Psychiatric Center, Central New York Psychiatric
22 Center and Richard H. Hutchings Psychiatric Center;
23 5. Buffalo Psychiatric Center and Western New York Children's Psychi-
24 atric Center; and
25 6. Middletown Psychiatric Center, Mid-Hudson Forensic Psychiatric
26 Center, Hudson River Psychiatric Center, Nathan S. Kline Institute for
27 Psychiatric Research, Rockland Psychiatric Center and Rockland Chil-
28 dren's Psychiatric Center.
40 12333-02-0
1 § 2. This act shall take effect 30 days after it shall have become a
2 law.
3 PART M
4 Section 1. Subdivision (b) of section 13.17 of the mental hygiene law,
5 as amended by chapter 86 of the laws of 1999, is amended to read as
6 follows:
7 (b) There shall be in the office the developmental disabilities
8 services offices named below serving the areas either currently or
9 previously served by a school, for the care and treatment of the mental-
10 ly retarded and developmentally disabled and for research and teaching
11 in the science and skills required for the care and treatment of such
12 mentally retarded and developmentally disabled:
13 Bernard M. Fineson Developmental Disabilities Services Office
14 Brooklyn Developmental Disabilities Services Office
15 Broome Developmental Disabilities Services Office
16 Capital District Developmental Disabilities Services Office
17 Central New York Developmental Disabilities Services Office
18 Finger Lakes Developmental Disabilities Services Office
19 Institute for Basic Research in Developmental Disabilities
20 Hudson Valley Developmental Disabilities Services Office
21 Metro New York Developmental Disabilities Services Office
22 Long Island Developmental Disabilities Services Office
23 Sunmount Developmental Disabilities Services Office
24 Taconic Developmental Disabilities Services Office
25 Western New York Developmental Disabilities Services Office
26 Staten Island Developmental Disabilities Services Office
41 12333-02-0
1 Norwich Center for Intensive Treatment
2 The New York State Institute for Basic Research in Developmental Disa-
3 bilities is designated as an institute for the conduct of medical
4 research and other scientific investigation directed towards furthering
5 knowledge of the etiology, diagnosis, treatment and prevention of mental
6 retardation and developmental disabilities.
7 § 2. This act shall take effect immediately.
8 PART N
9 Section 1. Subdivision 1 of section 210 of the military law, as added
10 by chapter 853 of the laws of 1953, is amended to read as follows:
11 1. Each member of the militia ordered into the active service of the
12 state pursuant to sections six and seven of this chapter, shall receive
13 for each day or part thereof of such duty the same pay and allowances as
14 are received by members of the appropriate force of the armed forces of
15 the United States of corresponding grade, rating and length of service,
16 or one hundred dollars per day, whichever is greater.
17 § 2. This act shall take effect April 1, 2000.
18 PART O
19 Section 1. Section 669-b of the education law is amended by adding a
20 new subdivision 5-a to read as follows:
21 5-a. Notwithstanding the provisions of subdivision three of this
22 section, the adjutant general may, as defined in agency regulation, and
23 within appropriated amounts, allow active members who have not completed
42 12333-02-0
1 basic or advanced individual training or commissioning to participate in
2 the recruitment incentive program.
3 § 2. This act shall take effect April 1, 2000, provided, however, that
4 the amendments to section 669-b of the education law made by section one
5 of this act shall not affect the repeal of such section and shall be
6 deemed to be repealed therewith.
7 PART P
8 Section 1. Section 185 of the military law, as amended by chapter 141
9 of the laws of 1988, is amended to read as follows:
10 § 185. Disposal of useless property. Whenever state property issued
11 for the use of the organized militia shall become obsolete, useless or
12 superfluous, the adjutant general may cause the same to be sold or
13 otherwise disposed of Õin accordance with the provisions of the state
14 finance lawå. Whenever the adjutant general has determined state prop-
15 erty shall be sold, the availability of such property shall be adver-
16 tised at least once prior to sale in a local newspaper. Such advertise-
17 ment shall identify the property, the place where the terms of sale may
18 be obtained and the date upon which offers will be received. Every such
19 sale shall be made to the highest offer complying with the terms of
20 sale. The adjutant general shall deposit in the special revenue funds-
21 other, miscellaneous special revenue fund-339, armory rental account any
22 proceeds or income from the sale. A record of each sale shall be
23 retained and shall be subject to audit.
24 § 2. This act shall take effect April 1, 2000.
25 PART Q
43 12333-02-0
1 Section 1. The section heading of section 403 of the vehicle and traf-
2 fic law, as amended by chapter 826 of the laws of 1985, is amended to
3 read as follows:
4 Number plates continuedÕ; new plates beginning July first, nineteen
5 hundred eighty-sixå.
6 § 2. Subdivision 2 of section 403 of the vehicle and traffic law is
7 REPEALED and a new subdivision 2 is added to read as follows:
8 2. In the event the commissioner determines to issue a new number
9 plate or plates to each registrant or reregistrant of a vehicle regis-
10 tered pursuant to subdivision six of section four hundred one of this
11 article, the commissioner may charge such registrant or reregistrant an
12 additional fee of up to twenty dollars for any number plate containing
13 specially requested numerals and/or letters previously issued to the
14 applicant. Such fee shall be in addition to the registration fees
15 prescribed in such subdivision, but shall not be charged with respect to
16 any such plate for which an annual service charge for such numerals
17 and/or letters has been paid pursuant to section four hundred four or
18 four hundred four-l of this article.
19 § 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.
20 PART R
21 Section 1. Section 428 of the vehicle and traffic law is amended by
22 adding a new subdivision 4-a to read as follows:
44 12333-02-0
1 4-a. If a driver's license is issued for a period of more than five
2 years pursuant to paragraph (a) of subdivision one of section five
3 hundred three of this chapter, any fees paid for the period commencing
4 after the first four year period of such driver's license pursuant to
5 paragraph (c) of subdivision two of such section shall be refunded
6 provided the driver's license is surrendered to the commissioner before
7 the end of the first four year period of such driver's license and
8 application therefor is filed with the commissioner no later than two
9 months from the expiration of the first four year period of such driv-
10 er's license.
11 § 2. This act shall take effect April 1, 2000.
12 PART S
13 Section 1. Subdivision 6 of section 415 of the vehicle and traffic
14 law, as amended by chapter 166 of the laws of 1991, is amended to read
15 as follows:
16 6. Fees. Every original application for registration as a dealer or
17 transporter shall be accompanied by an application fee of twenty-five
18 dollars, which shall in no event be refunded. The annual fee for regis-
19 tration as a new motor vehicle dealer or as a qualified dealer shall be
20 three hundred fifty dollars. The annual fee for registration as a
21 dealer, other than a new motor vehicle dealer or a qualified dealer, or
22 transporter or for renewal thereof shall be one hundred fifty dollars.
23 The annual fee for any other registration under this section shall be
24 fifty dollars. However, the commissioner may, in his discretion, issue a
25 renewal of either registration for a period of two years. The fee for a
26 two-year renewal shall be twice the annual fee. The annual fee for deal-
45 12333-02-0
1 er or transporter number plates shall be twenty dollars for each set. If
2 the commissioner issues to dealers a document which is required to be
3 used by a dealer to sell or transfer a vehicle, the fee for the issuance
4 of each such document shall be one dollar. There shall be no refund of
5 registration fee or fees for number plates in the event of suspension,
6 revocation or voluntary cancellation of registration. The fee for any
7 such transfer document issued by the commissioner shall be refunded only
8 upon the surrender of such document upon voluntary cancellation of
9 registration.
10 § 2. This act shall take effect April 1, 2000.
11 PART T
12 Section 1. Subdivision (r) of section 427 of chapter 55 of the laws of
13 1992, amending the tax law and other laws relating to taxes, surcharges,
14 fees and funding, as amended by chapter 38 of the laws of 1998, is
15 amended to read as follows:
16 (r) the provisions of sections two hundred eighty-six through two
17 hundred ninety-one of this act shall apply to all persons released on
18 medical parole prior to April 10, Õ2000å 2002, and shall expire and be
19 of no further effect Õ8å 10 years following the date on which it shall
20 have become a law;
21 § 2. This act shall take effect immediately.
22 § 2. Severability clause. If any clause, sentence, paragraph, subdivi-
23 sion, section or part contained in any part of this act shall be
24 adjudged by any court of competent jurisdiction to be invalid, such
25 judgment shall not affect, impair, or invalidate the remainder thereof,
26 but shall be confined in its operation to the clause, sentence, para-
46 12333-02-0
1 graph, subdivision, section or part contained in any part thereof
2 directly involved in the controversy in which such judgment shall have
3 been rendered. It is hereby declared to be the intent of the legislature
4 that this act would have been enacted even if such invalid provisions
5 had not been included herein.
6 § 3. This act shall take effect immediately provided, however, that
7 the applicable effective date of Parts A through T of this act shall be
8 as specifically set forth in the last section of such Part.