N.Y. PVH Law § 47-B — New York Code / Act PVH / Article 3 / Section 47-B
Mental hygiene improvement bonds and notes
Status: in_force

§ 47-b. Mental hygiene improvement bonds and notes. 1. Definitions.\nFor the purposes of section forty-seven and of this section:\n  a. "Community mental health and developmental disabilities facility"\nshall mean a building, a unit within a building, a laboratory, a\nclassroom, a housing unit, a dining hall, an activities center, a\nlibrary, or any structure on or improvement to real property of any kind\nor description, including fixtures and equipment which are an integral\npart of such building, unit or structure or improvement, a walkway, a\nroadway or a parking lot and improvements and connections for water,\nsewer, gas, electrical, telephone, heating, air conditioning and other\nutility services, or a combination of any of the foregoing, whether for\npatient care and treatment or staff, staff family or service use,\nlocated in a city, or in a county not wholly included within a city,\nauthorized to provide community mental health services in accordance\nwith the provisions of article forty-one of title E of the mental\nhygiene law, which is utilized or to be utilized for the administration\nand conduct of programs for people living with either mental illness or\ndevelopmental disabilities, or both, and for the provision of services\ntherefor. A community mental health and developmental disabilities\nfacility shall also mean and include a residential facility to be\noperated as a community residence for the mentally disabled, and a\ntreatment facility for use in the conduct of an alcoholism treatment\nprogram or of a substance abuse treatment program as defined in the\nmental hygiene law.\n  b. "Mental hygiene facility" shall mean a building, a unit within a\nbuilding, a laboratory, a classroom, a housing unit, a dining hall, an\nactivities center, a library, or any structure on or improvement to real\nproperty of any kind or description, including fixtures and equipment\nwhich are an integral part of any such building, unit, structure or\nimprovement, a walkway, a roadway or a parking lot, and improvements and\nconnections for water, sewer, gas, electrical, telephone, heating, air\nconditioning and other utility services, or a combination of any of the\nforegoing, whether for patient care and treatment or staff, staff family\nor service use, located at or related to any state hospital, any state\nschool, or any state psychiatric or research institute now or hereafter\nestablished under the professional jurisdiction, supervision and control\nof the state department of mental hygiene. A mental hygiene facility\nshall mean and include a "community mental health and developmental\ndisabilities facility", unless such facility is expressly excepted or\nthe context clearly requires otherwise, and shall also mean and include\na treatment facility for use in the conduct of an alcoholism or\nsubstance abuse treatment program as defined in the mental hygiene law,\nunless such facility is expressly excepted or the context clearly\nrequires otherwise. The definition contained in this subdivision shall\nnot be construed to exclude therefrom a facility to be made available\nunder license or permit from the health and mental hygiene facilities\nimprovement corporation to a voluntary agency at the request of the\ncommissioners of the offices of the department of mental hygiene having\njurisdiction thereof for use in providing community mental health and\ndevelopmental disabilities services, or for use in the conduct of an\nalcoholism or substance abuse treatment program.\n  c. "Mental hygiene improvement bonds" and "mental hygiene improvement\nnotes" shall mean bonds and notes, respectively, issued by the agency\npursuant to subdivision two of this section.\n  d. "Mental hygiene facilities improvement program" shall mean a\nprogram undertaken by the agency and the health and mental hygiene\nfacilities improvement corporation for the purpose of constructing,\nacquiring, reconstructing, rehabilitating or improving mental hygiene\nfacilities or causing such facilities to be constructed, acquired,\nreconstructed, rehabilitated or improved pursuant to the health and\nmental hygiene facilities improvement act and this article.\n  2. Additional powers of the agency.\n  a. The agency shall have power to lease one or more existing mental\nhygiene facilities from the trustees of the health and mental hygiene\nfacilities improvement corporation and to construct, acquire,\nreconstruct, rehabilitate and improve new mental hygiene facilities at\nsuch facilities, or on any real property leased from the said\ncorporation, and to cause such new facilities to be constructed,\nacquired, reconstructed, rehabilitated or improved by the trustees of\nthe said corporation as its agent, all in accordance with a lease,\nsublease or other agreement entered into between the agency and the\ntrustees of the said corporation pursuant to subdivision four of section\nnine of the health and mental hygiene facilities improvement act.\n  b. The agency shall have power and is hereby authorized from time to\ntime to issue negotiable bonds and notes in conformity with applicable\nprovisions of the uniform commercial code in such principal amount as,\nin the opinion of the agency, shall be necessary, after taking into\naccount other monies which may be available for the purpose, to provide\nsufficient funds for the construction, acquisition, reconstruction,\nrehabilitation or improvement of mental hygiene facilities pursuant to\nthe preceding paragraph of this subdivision, the payment of interest on\nmental hygiene improvement bonds and mental hygiene improvement notes\nissued for such purposes, the establishment of reserves to secure such\nbonds and notes, and all other expenditures of the agency incident to\nand necessary or convenient for any such construction, acquisition,\nreconstruction, rehabilitation or improvement; provided, however, that\nthe agency shall not issue mental hygiene improvement bonds and mental\nhygiene improvement notes in an aggregate principal amount exceeding\nseven hundred five million dollars, excluding mental hygiene improvement\nbonds and mental hygiene improvement notes issued to refund outstanding\nmental hygiene improvement bonds or mental hygiene improvement notes.\n  3. Application of other provisions of article. Except as stated in\nsection forty-seven, the other provisions of this article shall apply to\nmental hygiene improvement bonds and mental hygiene improvement notes\nissued by the agency pursuant to this section, provided, however, that\nsuch bonds and notes, subject to any agreements with the holders of\nparticular bonds or notes pledging any specified portions thereof, shall\nbe secured by a pledge to the payment thereof of (i) rentals paid to the\nagency with respect to mental hygiene facilities financed with the\nproceeds of such bonds and notes, and (ii) any other assets, monies or\naccounts pledged or assigned to the agency as security for the payment\nof such rentals, and provided further that no resolution or resolutions\nauthorizing mental hygiene improvement bonds and mental hygiene\nimprovement notes shall (i) pledge all or any part of the fees and\ncharges made or received by the agency pursuant to subdivision eleven of\nsection forty-four in connection with the making of mortgage loans or\ncommitments therefor, or all or any part of the monies received in\npayment of such mortgage loans and interest thereon, or (ii) pledge all\nor any part of the mortgages of the agency or obligations securing the\nsame, or (iii) provide as to the use and disposition of the gross income\nfrom mortgages owned by the agency or as to the payment of principal of\nmortgages owned by the agency, or (iv) pledge all or any part of the\nrentals paid to the agency under leases, subleases or other agreements\nfor state university facilities or health facilities entered into by the\nagency in accordance with this article, or (v) pledge or assign all or\nany part of any other assets, monies or accounts pledged or assigned to\nthe agency as security for the payment of rentals for such state\nuniversity facilities or health facilities.\n  4. Mental hygiene facilities fund. The agency shall create and\nestablish a special fund (herein referred to as mental hygiene\nfacilities fund) and shall pay into such fund any monies which the\nagency shall receive in payment of rentals due under one or more leases,\nsubleases or other agreements entered into pursuant to subdivision four\nof section nine of the health and mental hygiene facilities improvement\nact and any other monies which the agency shall receive from the health\nand mental hygiene facilities improvement corporation as security for or\nin payment of such rentals. Such monies and any other monies paid into\nthe mental hygiene facilities fund may, in the discretion of the agency,\nbut subject to agreements with the holders of mental hygiene improvement\nbonds and mental hygiene improvement notes, be used by the agency (a)\nfor the repayment of advances, if any, from the state to the agency in\nconnection with mental hygiene facilities, and any real property\nrequired therefor, in accordance with the provisions of repayment\nagreements related thereto which have been entered into with the\ndirector of the budget, (b) to pay all costs, expenses and charges of\nfinancing mental hygiene facilities including fees and expenses of\ntrustees and paying agents, (c) to pay the administrative and other\nexpenses of the agency allocable to the services performed by the agency\nin the financing of the construction, acquisition, reconstruction,\nrehabilitation or improvement of mental hygiene facilities and matters\nrelating thereto, (d) for the payment of the principal of and interest\non mental hygiene improvement bonds or mental hygiene improvement notes\nissued by the agency when the same shall become due whether at maturity\nor by call for redemption and for the payment of any redemption premium\nrequired to be paid where such bonds or notes are redeemed prior to\ntheir stated maturities, and to purchase mental hygiene improvement\nbonds or mental hygiene improvement notes issued by the agency, or (e)\nfor such other corporate purposes of the agency relating to the carrying\nout of its functions, powers and duties with respect to the financing of\nthe construction, acquisition, reconstruction, rehabilitation or\nimprovement of mental hygiene facilities as the agency in its discretion\nshall determine and provide.\n