2023 New York Laws › MHY - Mental Hygiene › Title C - Developmental Disabilties Act › Article 13 - Office for People With Developmental Disabilities › 13.31 - Disposition of Moneys and Securities.

§ 13.31 Disposition of moneys and securities.
(a)  The  commissioner,  or  the  officer  or  employee  of the office
designated by him or her, shall:
1. Receive and turn over to the comptroller for liquidation all bonds,
notes, mortgages, trust funds,  and  other  securities  and  obligations
belonging  to  the  office for people with developmental disabilities or
any  subdivision  thereof,  except  such  as  may  have  come  into  the
possession  of  the said office or any subdivision thereof on account of
or for the payment of charges for the care, maintenance,  and  treatment
after  January  first,  nineteen hundred sixty-four of patients at those
mental hygiene facilities as defined in section three of the  facilities
development  corporation act which are under his or her jurisdiction, in
which case the same shall be turned over to the commissioner of taxation
and finance as agent for  the  facilities  development  corporation  for
liquidation, and he or she shall have the authority to transfer all such
securities and evidences of indebtedness and to execute on behalf of the
office  for  people  with  developmental  disabilities  or  any  of  its
facilities or the facilities development corporation a satisfaction  and
release thereof.
2.  Notwithstanding the provisions of sections one hundred six and one
hundred twenty-one of  the  state  finance  law,  pay  over  all  moneys
received  for  the care, maintenance, and treatment after January first,
nineteen  hundred  sixty-four  of  patients  at  those  mental   hygiene
facilities  as  defined  in  section three of the facilities development
corporation act which are under his jurisdiction, less refunds  made  on
account  thereof  pursuant  to  section  43.11  of  this chapter, to the
commissioner of  taxation  and  finance  as  agent  for  the  facilities
development corporation, for the corporate purposes of such corporation,
and  deposit  all  other  moneys  received  in  a bank designated by the
comptroller. He shall submit a statement each month to  the  comptroller
and  to  the directors of the facilities development corporation showing
the amounts so received for the  care,  maintenance,  and  treatment  of
patients  at  such  facilities,  the  refunds  made  on  account thereof
pursuant to section 43.11 of this chapter, and the dates when  any  such
payments  were  made  to  the commissioner of taxation and finance. Such
statement shall be certified to by  the  commissioner  of  taxation  and
finance.  He  shall  also  submit  each month to the comptroller and the
directors of the facilities development corporation a separate statement
showing the amount of all other moneys received and deposited in a  bank
designated  by  the  comptroller as aforesaid, the persons from whom and
for what purposes received, and the dates  when  any  deposits  of  such
moneys were made. All statements of deposit shall be certified to by the
proper  officer of the bank receiving the deposits therein specified. He
shall make an affidavit each month that the sums so  paid  over  to  the
commissioner  of taxation and finance and deposited in such bank are all
the moneys received by him from any source of  institutional  income  to
the  date of the last payment, or deposit, appearing on either statement
and such affidavit shall be filed with the comptroller and the directors
of the facilities development corporation.  A  bank  designated  by  the
comptroller  to receive the aforesaid deposits shall, before any deposit
is made, execute a bond to the people of the state, in a sum approved by
the comptroller, for the safekeeping of the funds deposited.
(b) The  provisions  of  this  section  shall  not  be  applicable  to
community  mental  health  and developmental disabilities facilities, as
defined in section three of the facilities development corporation  act,
nor  to  payments  made  for  the  care,  maintenance,  and treatment of
patients at such community mental health and developmental  disabilities
facilities.