reglab/statecodes huggingface dataset:
2023 New York Laws › LFN - Local Finance › Article 2 - Local Indebtedness › Title 10 - Statement of Debt-Contracting Power of Municipalities, Fire Districts and Certain School Districts › 142.00 - Real Property Liabilities; Procedure for Ascertaining the Amount Thereof.

§  142.00  Real  property  liabilities; procedure for ascertaining the
  amount thereof.  The amount of outstanding indebtedness  on  account  of
  the  acquisition  of  real  property to be included in a debt statement,
  pursuant to subdivision two of paragraph a of  section  135.00  of  this
  chapter,  shall  be  the  value of such real property as determined by a
  court in a condemnation proceeding,  or  pursuant  to  the  terms  of  a
  contract  under  which a municipality, school district in a city or fire
  district agrees to take title  to  such  real  property.  If  such  real
  property  has  not  been evaluated in any of the above ways, it shall be
  valued at the amount set forth therefor in the last completed assessment
  roll used for the levying of taxes of such municipality, school district
  or fire district. If, however, such real property is also  evaluated  on
  the  current  assessment  roll of one or more other units of government,
  the amount of indebtedness shall be the highest value assigned to it  by
  any  current  assessment roll in which it is evaluated. If title to such
  real property has vested in such municipality, school district  or  fire
  district,  there  shall also be included the amount of interest accruing
  from the date of vesting of title upon the unpaid award, contract  price
  or assessed valuation of the real property, as the case may be.
2023 New York Laws › LFN - Local Finance › Article 2 - Local Indebtedness › Title 10 - Statement of Debt-Contracting Power of Municipalities, Fire Districts and Certain School Districts › 143.00 - Contract Liabilities: Housing Guarantees or Subsidies; Procedure for Ascertaining the Amount of Such Liabilities.

§  143.00  Contract  liabilities:  housing  guarantees  or  subsidies;
  procedure for ascertaining the amount  of  such  liabilities.    a.  The
  amount  of  the  liability  of a city, town or village on account of any
  contract for capital or periodic subsidies to a housing authority to  be
  paid subsequent to the then current year shall be deemed indebtedness in
  the  amount  of  the  commuted  value  of  the  total  of such subsidies
  remaining unpaid, calculated on the basis of an annual interest rate  of
  four per centum.
b. The amount of the liability of a city, town or village arising from
  a  guarantee of the principal of and interest on indebtedness contracted
  by a housing authority shall be deemed indebtedness in the amount of the
  face value of the principal thereof remaining unpaid. If  only  interest
  is  guaranteed,  then the amount of liability arising therefrom shall be
  deemed indebtedness in the amount of the commuted  value  of  the  total
  interest  guaranteed and remaining unpaid, calculated on the basis of an
  annual interest rate of four per centum.
2023 New York Laws › LFN - Local Finance › Article 2 - Local Indebtedness › Title 10 - Statement of Debt-Contracting Power of Municipalities, Fire Districts and Certain School Districts › 143.10 - Contract Liabilities; Guarantees of Certain Hospital Indebtedness; Procedure for Ascertaining the Amount of Such Liabilities.

§   143.10   Contract  liabilities;  guarantees  of  certain  hospital
  indebtedness; procedure for ascertaining the amount of such liabilities.
  The amount of the liability of a municipality arising from  a  guarantee
  authorized  by law pursuant to section seven of article seventeen of the
  state constitution of the principal  of  and  interest  on  indebtedness
  contracted  by an eligible corporation or association for the purpose of
  providing hospital or other facilities for the prevention, diagnosis  or
  treatment  of  human  disease,  pain,  injury,  disability, deformity or
  physical  condition,  and  for  facilities  incidental  or   appurtenant
  thereto, shall be deemed indebtedness in the amount of the face value of
  the  principal  thereof  remaining  unpaid.  If  only  the  interest  is
  guaranteed, then the amount of the liability arising therefrom shall  be
  indebtedness  in  the amount of the commuted value of the total interest
  guaranteed and remaining unpaid, calculated on the basis  of  an  annual
  interest rate of five per centum.
2023 New York Laws › LFN - Local Finance › Article 2 - Local Indebtedness › Title 11 - Power to Contract Indebtedness for Housing Purposes and Limitations Thereon › 150.00 - Two per Centum Limitation on Housing or Urban Renewal Indebtedness.

§  150.00.  Two  per  centum  limitation  on  housing or urban renewal
  indebtedness. a. To effectuate any of the purposes of  article  eighteen
  of  the  state constitution as implemented by the public housing law and
  any other laws, any city, town or village may contract  indebtedness  to
  an  amount which shall not exceed two per centum of the average assessed
  valuation of such city, town or village.
b. The power of a town  or  a  village  of  less  than  five  thousand
  population  as  determined  by  the  last  federal  census  to  contract
  indebtedness  pursuant  to  this  section  shall  be  subject   to   the
  limitations  on  the power to contract indebtedness set forth in section
  104.00 of this chapter.
c. A city or a village having a population of five thousand or more as
  determined by the last federal census shall have the power  to  contract
  indebtedness, for the purposes set forth in paragraph a of this section,
  in  excess  of the debt limitations prescribed in section 104.00 of this
  chapter. If the indebtedness is charged to the debt  limit  provided  in
  paragraph  a  of  this section, such city or village shall annually levy
  one or more of the taxes enumerated in article six of the public housing
  law, to an extent sufficient to provide for the payment of the principal
  of and interest on any such indebtedness.
d. This section shall not apply to housing or urban  renewal  purposes
  (i)   to  the  extent  that  the  legislative  power  to  authorize  the
  contracting of indebtedness therefor is derived from  sections  two  and
  four of article eight of the constitution or from any other provision of
  the  constitution outside of article eighteen or (ii) to the extent that
  there is  a  sufficient  margin  of  debt  contracting  power  to  cover
  indebtedness  for  housing or urban renewal purposes contracted pursuant
  to  article  eighteen  of  the  constitution  within  the   debt   limit
  established  by section four of article eight of the constitution unless
  the finance board shall elect to charge such outstanding indebtedness or
  any part thereof against the debt limit provided in this section.
2023 New York Laws › LFN - Local Finance › Article 2 - Local Indebtedness › Title 11 - Power to Contract Indebtedness for Housing Purposes and Limitations Thereon › 153.00 - Authorization for Municipality to Assign for Collateral or Pledge Its Mortgage Interest.

§  153.00  Authorization  for municipality to assign for collateral or
  pledge its mortgage interest.  Any municipality shall be  authorized  to
  assign  for collateral or pledge as security for any of its bonds, notes
  or other obligations its mortgage  interest  in  a  project  constructed
  pursuant  to article two of the private housing finance law to the state
  or to any political subdivision thereof.
2023 New York Laws › LFN - Local Finance › Article 2 - Local Indebtedness › Title 11 - Power to Contract Indebtedness for Housing Purposes and Limitations Thereon › 154.00 - Disposition of Proceeds Resulting From the Satisfaction of Certain Mortgages.

§  154.00  Disposition  of proceeds resulting from the satisfaction of
  certain mortgages. a. Notwithstanding any general, special or local  law
  to  the  contrary,  upon the modification or satisfaction by the city of
  New York or the New York city housing development corporation,  pursuant
  to section twenty-three-a, twenty-three-b or subdivision twenty-two-a of
  section  six hundred fifty-four of the private housing finance law, of a
  mortgage loan made to a housing company, the entire  proceeds  resulting
  from  such  modification  or  satisfaction (not including any premium or
  differential  referred  to  in  section  twenty-three-a  or  subdivision
  twenty-two-a  of  section  six hundred fifty-four of the private housing
  finance law), less any fees, costs, expenses and other amounts  paid  or
  incurred  by  such  city or corporation, shall be deposited in a reserve
  fund established for the purpose of retiring outstanding notes issued by
  such city and the proceeds  therein  shall  be  expended  only  for  the
  payment   of   all   or  part  of  the  said  outstanding  indebtedness.
  Notwithstanding any general, special or local law to  the  contrary,  if
  the  moneys  in  such  fund  shall exceed the sum of all principal of or
  interest on such indebtedness or if, when  all  such  outstanding  notes
  have  been  retired,  any  moneys remain unexpended in the reserve fund,
  such excess moneys may be used for any lawful municipal purpose.
b. As used in this section:
1. The term "fees, costs, expenses and other amounts" shall mean legal
  and other fees, costs, expenses and  amounts  described  in  subdivision
  four-b  of section twenty-three-a or subdivision twenty-two-a of section
  six hundred fifty-four of the private housing finance law;
2. The term "housing company" shall mean a housing  company  organized
  pursuant to article two of the private housing finance law; and
3. The term "outstanding notes" shall mean revenue anticipation notes,
  tax  anticipation  notes  and bond anticipation notes of the city of New
  York issued prior to November fourteenth, nineteen hundred  seventy-five
  and  presented  for  payment  prior  to  January first, nineteen hundred
  seventy-eight, other than (i) notes paid  by  such  city  prior  to  the
  effective  date  of  this  paragraph,  (ii)  notes held by the municipal
  assistance corporation for the city  of  New  York  (including  but  not
  limited  to  notes  exchanged  for bonds of such corporation), and (iii)
  notes with respect to which the holders thereof executed  agreements  to
  postpone or withhold demand for payment or enforcement of such notes.
2023 New York Laws › LFN - Local Finance › Article 2 - Local Indebtedness › Title 12 - Miscellaneous Provisions › 160.00 - Action by Finance Board.

§  160.00  Action  by  finance  board.    Whenever in this chapter the
  finance board is empowered or required to  act,  and  no  proportion  of
  voting  strength  for  such  action  is prescribed, such action shall be
  taken by at least a majority vote of the voting strength of such finance
  board.
2023 New York Laws › LFN - Local Finance › Article 2 - Local Indebtedness › Title 12 - Miscellaneous Provisions › 160.10 - Delegation to a Deputy.

§  160.10  Delegation  to a deputy.  Whenever pursuant to this chapter
  the finance board delegates any  power  or  duty  to  the  chief  fiscal
  officer, unless the finance board specifies otherwise when it makes such
  delegation,  the chief fiscal officer may authorize a deputy to exercise
  such power or perform such duty. Such authorization shall be in writing,
  dated and signed by such chief fiscal officer, and  shall  be  forthwith
  filed with the finance board.
2023 New York Laws › LFN - Local Finance › Article 2 - Local Indebtedness › Title 12 - Miscellaneous Provisions › 161.00 - Negotiability of Obligations.

§  161.00  Negotiability  of  obligations.    All bonds and notes of a
  municipality, school district or district corporation,  including  notes
  issued  by  a  city  school  district  pursuant to section 26.00 of this
  chapter, whether payable to bearer  or  in  registered  form,  shall  be
  negotiable  instruments  within  the  meaning  of  article  eight of the
  uniform commercial code, except that such bonds or notes which have been
  registered shall be transferred only in the manner provided in paragraph
  b of section 75.00 of this chapter.
2023 New York Laws › LFN - Local Finance › Article 2 - Local Indebtedness › Title 12 - Miscellaneous Provisions › 162.00 - Exemption From Taxation.

§  162.00  Exemption  from  taxation.    All  bonds  and  notes  of  a
  municipality, school district or district  corporation,  until  payable,
  and  the  interest  thereon, shall be exempt from taxation for municipal
  and state purposes.
2023 New York Laws › LFN - Local Finance › Article 2 - Local Indebtedness › Title 12 - Miscellaneous Provisions › 163.00 - Record of Obligations.

§  163.00  Record  of  obligations.    a.  The chief fiscal officer in
  counties and cities, the clerk in  towns  and  villages,  the  clerk  or
  secretary  or such other officer as the finance board shall designate in
  school districts and district corporations, shall keep a complete record
  of each issue of bonds and notes, which shall include:
1. The type thereof.
2. The amount thereof.
3. The number of obligations in the issue.
4. The rate of interest thereon.
5. The date of issue thereof.
6. The date of maturity of each obligation in the issue.
7. The date of adoption of the  resolution  or  resolutions,  if  any,
  pursuant to which the obligations are issued.
2023 New York Laws › LFN - Local Finance › Article 2 - Local Indebtedness › Title 12 - Miscellaneous Provisions › 165.10 - Advances From Funds.

§  165.10.  Advances from funds. If there are funds of a municipality,
  school district or district corporation, other than:
1. The proceeds of bonds,  bond  anticipation  notes,  capital  notes,
  urban renewal notes and budget notes, and
2.  Funds  which,  by law, may be used only for stated purposes, which
  are not immediately required for the purpose or purposes for  which  the
  same  were  borrowed, raised or otherwise created, the finance board may
  authorize the temporary use of such funds for the  purpose  or  purposes
  for  which  an  issue of bonds, capital notes or urban renewal notes has
  been authorized.  Suitable  records  shall  be  kept  of  the  temporary
  diversion  of  such  funds.  Notwithstanding  the  provisions of section
  165.00 of this chapter, such funds shall be made again available to  the
  municipality,  school district or district corporation from the proceeds
  of such bonds, capital notes or urban renewal notes or from the proceeds
  of the sale of bond anticipation notes issued  in  anticipation  of  the
  sale of such bonds.
2023 New York Laws › LFN - Local Finance › Article 2 - Local Indebtedness › Title 12 - Miscellaneous Provisions › 165.20 - Exchange of Certain Bonds or Notes.

§  165.20  Exchange  of  certain bonds or notes.   Notwithstanding any
  other provisions of this chapter, the city of New  York  prior  to  July
  first, nineteen hundred eighty-two shall be authorized to exchange bonds
  or  notes  of such city for any notes of such city held by the municipal
  assistance corporation for the city of New York as provided in  sections
  three thousand thirty-five and three thousand thirty-seven of the public
  authorities law.
2023 New York Laws › LFN - Local Finance › Article 2 - Local Indebtedness › Title 12 - Miscellaneous Provisions › 166.00 - Action Against Municipal Officers.

§  166.00  Action  against  municipal officers.   a. The holder in due
  course of any bond, note or interest bearing coupon issued  due  to  the
  malfeasance,   misfeasance,   or   negligence   of   any  officer  of  a
  municipality, school district or district corporation,  whose  cause  of
  action  thereon  is  determined  by  judgment,  or  who is privy to such
  action, may within three years after entry of judgment begin  an  action
  against such officer for the recovery of all damages suffered because of
  such malfeasance, misfeasance or negligence.
b.  A  municipality,  school district or district corporation which is
  required pursuant to a judgment to pay a bond, note or interest  bearing
  coupon  issued  due to the malfeasance, misfeasance or negligence of any
  officer thereof, may within three years  after  such  payment  begin  an
  action against such officer and recover the amount so paid with interest
  from the time of payment.
c.  An  order  of  arrest  and  an execution against the person of the
  defendant may be issued in an action instituted pursuant to paragraph  a
  or b of this section.
2023 New York Laws › LFN - Local Finance › Article 2 - Local Indebtedness › Title 12 - Miscellaneous Provisions › 167.00 - Action Against Municipality; Appeals.

§  167.00  Action  against  municipality;  appeals.   An appeal from a
  judgment in  an  action  against  a  municipality,  school  district  or
  district  corporation on a bond, note or interest bearing coupon, may be
  taken by any person bound as a privy by such judgment, within sixty days
  after the service of a copy of the judgment and written  notice  of  the
  entry  thereof by any party upon such person. The appeal may be taken in
  the name of the party by such person without an order  of  substitution,
  upon  such  person  giving the security and serving the notice of appeal
  required of a party in a civil action, and upon his giving to the  party
  in  whose  name  the  appeal  is  taken  an  undertaking executed by two
  sureties in the sum of five hundred dollars and approved as to form  and
  as  to  the  sufficiency  of  the  sureties  thereon by a justice of the
  supreme court. The appeal shall be conducted and determined in the  same
  manner as if taken by the party.
2023 New York Laws › LFN - Local Finance › Article 3 - Effect of Chapter; Saving Clauses; Laws Repealed; When to Take Effect › 170.00 - Local Legislation Relating to Local Finance.

§  170.00  Local  legislation  relating to local finance.  Any county,
  city, town or village may adopt local laws:
1. Imposing duties in addition to those imposed by this chapter,
2. Altering duties imposed by this chapter so as  to  make  them  more
  stringent, or
3.  Restricting  or  prohibiting the exercise of any powers granted by
  this chapter.
2023 New York Laws › LFN - Local Finance › Article 3 - Effect of Chapter; Saving Clauses; Laws Repealed; When to Take Effect › 171.00 - Continuity of Powers and Duties.

§  171.00  Continuity  of  powers  and duties.   a. Any agency, board,
  commission or official to whom are assigned by this chapter  any  powers
  and  duties  shall  exercise  such  powers and duties in continuation of
  their exercise by the agency, board, commission or official by which the
  same were heretofore exercised and shall  have  power  to  continue  any
  business,  proceeding  or  other  matter commenced by the agency, board,
  commission or official by which such powers and duties  were  heretofore
  exercised.  Any provision in any contract relating to the subject matter
  of such powers or duties and applicable to the agency, board, commission
  or official formerly exercising such powers and duties  shall  apply  to
  the  agency,  board,  commission  or  official  to which such powers and
  duties are assigned by this chapter.
b. All records, property  and  equipment  whatsoever  of  any  agency,
  board,  commission  or  official,  the  powers  and  duties of which are
  assigned to any other  body  or  official  by  this  chapter,  shall  be
  transferred  and  delivered to the body or official to which such powers
  and duties are so assigned. If part of the  powers  and  duties  of  any
  agency,  board,  commission  or official are assigned to another body or
  official by this chapter, all records, property and  equipment  relating
  thereto  shall  be  transferred and delivered to the body or official to
  which such powers and duties are so assigned.
2023 New York Laws › LFN - Local Finance › Article 3 - Effect of Chapter; Saving Clauses; Laws Repealed; When to Take Effect › 173.00 - Pending Actions, Suits and Proceedings Not Affected.

§  173.00  Pending  actions,  suits and proceedings not affected.   No
  action, suit or proceeding, pending at the time when this chapter  shall
  take  effect,  brought  by or against a municipality, school district or
  district corporation  or  any  agency,  board,  commission  or  official
  thereof,  shall be affected or abated by the adoption of this chapter or
  by anything therein contained, and such action, suit or proceeding shall
  be continued as if this chapter shall not have taken effect.
2023 New York Laws › LFN - Local Finance › Article 3 - Effect of Chapter; Saving Clauses; Laws Repealed; When to Take Effect › 174.00 - Previously Authorized Obligations Not Affected; Redemption of Outstanding Obligations.

§ 174.00 Previously authorized obligations not affected; redemption of
  outstanding  obligations.    The  repeal  by  this  chapter  of  any act
  authorizing  the  issuance  of  bonds,  notes,  certificates  or   other
  evidences  of  indebtedness  heretofore authorized, issued or sold shall
  not be construed  to  impair  the  validity  or  legality  of  any  such
  obligations  or  to  affect in any way, the rights and duties prescribed
  therein. The provisions  of  law  in  force  and  effect  prior  to  the
  effective  date of this chapter, relating to and providing for the means
  for the payment, other than by refunding, of bonds, notes,  certificates
  or  other  evidences  of  indebtedness theretofore authorized, issued or
  sold, and interest thereon, shall continue also to apply notwithstanding
  anything contained in the table of repeals hereto annexed.
2023 New York Laws › LFN - Local Finance › Article 3 - Effect of Chapter; Saving Clauses; Laws Repealed; When to Take Effect › 175.00 - Acts Legalized or Validated Not Affected.

§ 175.00 Acts legalized or validated not affected.  The repeal by this
  chapter  of  any provisions of law legalizing or validating any act done
  or committed shall in no way  affect  or  impair  such  legalization  or
  validation.
2023 New York Laws › LFN - Local Finance › Article 3 - Effect of Chapter; Saving Clauses; Laws Repealed; When to Take Effect › 176.00 - Local Finance Law to Be the Exclusive Law.

§  176.00  Local  finance  law  to  be  the exclusive law.   Except as
  otherwise  provided  in  this  article,  all   statutes,   local   laws,
  ordinances, rules and regulations, insofar as they relate to the matters
  herein contained, are hereby superseded, it being the legislative intent
  that this chapter shall constitute the exclusive law on such matters.
2023 New York Laws › LFN - Local Finance › Article 3 - Effect of Chapter; Saving Clauses; Laws Repealed; When to Take Effect › 177.00 - Laws Repealed; Legislative Intent.

§ 177.00 Laws repealed; legislative intent.  a. Of the laws enumerated
  in  schedule A annexed hereto, that portion specified in the last column
  is hereby repealed.
b. It is the intent of the legislature, in enacting such  schedule  of
  repeals,  specifically  to  repeal  such laws as may be obsolete or have
  been superseded by the other sections of this chapter so as to harmonize
  the statutes of the state and the local laws of the municipalities  with
  the  local  finance  law,  thus  avoiding  ambiguity  and uncertainty in
  construing the laws under which the municipalities, school districts and
  district corporations conduct their fiscal affairs.
2023 New York Laws › LFN - Local Finance › Article 3 - Effect of Chapter; Saving Clauses; Laws Repealed; When to Take Effect › 178.00 - Effect of Hyphen in Schedule of Laws Repealed.

§  178.00  Effect  of  hyphen  in schedule of laws repealed.  When two
  numbers in the schedule of repeals hereto annexed  are  connected  by  a
  hyphen  both  such  numbers  are  included  as  well as all intermediate
  numbers.
2023 New York Laws › LFN - Local Finance › Article 3 - Effect of Chapter; Saving Clauses; Laws Repealed; When to Take Effect › 179.00 - Model Forms of Obligations.

§  179.00 Model forms of obligations.  The model form of a coupon bond
  and the model form of a note payable to bearer contained in  schedule  B
  annexed  hereto  may be used, but this section shall not be construed to
  prevent or invalidate the use of other forms in lieu  thereof.  Both  of
  such  forms  provide  for  the  conversion  of  the  obligation  into  a
  registered obligation  and  also  contain  a  provision  permitting  the
  redemption  of  the  obligation  prior  to maturity by the municipality,
  school district or district corporation issuing such obligation.
2023 New York Laws › LFN - Local Finance › Article 3 - Effect of Chapter; Saving Clauses; Laws Repealed; When to Take Effect › 180.00 - Law to Be Liberally Construed.

§  180.00  Law  to  be  liberally  construed.    This chapter shall be
  liberally construed to effectuate the objects and purposes  thereof  and
  the public policy of the state as hereby declared.
2023 New York Laws › LFN - Local Finance › Article 3 - Effect of Chapter; Saving Clauses; Laws Repealed; When to Take Effect › 181.00 - Separability.

§   181.00  Separability.    If  any  clause,  sentence,  subdivision,
  paragraph, section or part of this chapter be adjudged by any  court  of
  competent  jurisdiction  to  be invalid, such judgment shall not affect,
  impair or invalidate the remainder thereof, but shall be confined in its
  operation to the clause, sentence, subdivision,  paragraph,  section  or
  part thereof directly involved in the controversy in which such judgment
  shall have been rendered.
2023 New York Laws › MHY - Mental Hygiene › Title A - Organization of Department of Mental Hygiene › Article 5 - Department of Mental Hygiene › 5.01 - Department of Mental Hygiene.

§ 5.01 Department of mental hygiene.
There  shall  continue  to  be in the state government a department of
mental hygiene. Within the  department  there  shall  be  the  following
autonomous offices:
(1) office of mental health;
(2) office for people with developmental disabilities;
(3) office of addiction services and supports.
2023 New York Laws › MHY - Mental Hygiene › Title A - Organization of Department of Mental Hygiene › Article 5 - Department of Mental Hygiene › 5.03 - Commissioners.

§ 5.03 Commissioners.
The  head  of the office of mental health shall be the commissioner of
  mental health; the head of the  office  for  people  with  developmental
  disabilities  shall  be  the commissioner of developmental disabilities;
  and the head of the office of addiction services and supports  shall  be
  the  commissioner  of addiction services and supports. Each commissioner
  shall be appointed by the governor, by and with the advice  and  consent
  of the senate, to serve at the pleasure of the governor.
2023 New York Laws › MHY - Mental Hygiene › Title A - Organization of Department of Mental Hygiene › Article 5 - Department of Mental Hygiene › 5.09 - Facilities Development Corporation.

§ 5.09 Facilities development corporation.
(a)  The  facilities  development  corporation  shall  be  entitled to
exclusive possession, jurisdiction, supervision and control of all  real
property  held  for  facilities  operated  by  any of the offices of the
department, such facilities being defined as mental  hygiene  facilities
by  section  three  of  the  facilities  development corporation act, to
exclusive possession, jurisdiction,  supervision  and  control  of  such
facilities,  and  to  all  payments  made  for the care, maintenance and
treatment of patients at such facilities; provided,  however,  that  the
directors  of  the said corporation shall make all such property and all
such facilities available  to  the  commissioners  and  offices  of  the
department  of  mental  hygiene  for  use  in the care, maintenance, and
treatment of the mentally disabled.
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  or  to
payments  made  for  the  care, maintenance and treatment of patients at
such community mental health and developmental disabilities facilities.
(b) The director of a department facility shall permit  any  director,
officer,  employee or agent of the facilities development corporation to
inspect and test the physical condition of  any  building,  unit,  room,
structure,   improvement,  walkway,  roadway,  parking  lot  or  utility
connection at the facility  under  appropriate  conditions  designed  to
minimize  any  disruption  in  the  care,  maintenance, and treatment of
patients at the facility. The director and officers and employees at the
facility shall cooperate fully with any such trustee, officer,  employee
or   agent   in   assessing   the   need   for   physical  construction,
reconstruction, rehabilitation and improvement at the facility  and  for
the acquisition of furnishings, equipment, machinery and apparatus to be
used  in  mental hygiene facilities upon the completion of construction,
reconstruction, rehabilitation or improvement work and  shall  cooperate
fully  in  carrying  out  all work being done under the direction of the
said corporation.
2023 New York Laws › MHY - Mental Hygiene › Title B - Mental Health Act › Article 7 - Office of Mental Health › 7.01 - Declaration of Policy.

§ 7.01 Declaration of policy.
The  state of New York and its local governments have a responsibility
  for the prevention and early detection of mental  illness  and  for  the
  comprehensively  planned  care,  treatment  and  rehabilitation of their
  mentally ill citizens.
Therefore, it shall be the policy of the state to conduct research and
  to develop programs which further  prevention  and  early  detection  of
  mental  illness;  to  develop  a  comprehensive,  integrated  system  of
  treatment and rehabilitative services  for  the  mentally  ill.  Such  a
  system  should  include,  whenever  possible, the provision of necessary
  treatment services to people in their home communities; it should assure
  the adequacy and appropriateness of residential arrangements for  people
  in  need  of  service;  and  it  should  rely  upon improved programs of
  institutional care only when necessary and appropriate. Further, such  a
  system   should   recognize  the  important  therapeutic  roles  of  all
  disciplines which may  contribute  to  the  care  or  treatment  of  the
  mentally  ill,  such  as  psychology,  social work, psychiatric nursing,
  special education and other disciplines in the field of mental  illness,
  as   well   as   psychiatry  and  should  establish  accountability  for
  implementation of the policies of the state with regard to the care  and
  rehabilitation of the mentally ill.
To  facilitate  the  implementation  of  these policies and to further
  advance the interests of the mentally ill  and  their  families,  a  new
  autonomous  agency  to  be known as the office of mental health has been
  established by this article. The office and its commissioner shall  plan
  and  work  with  local governments, voluntary agencies and all providers
  and  consumers  of  mental  health  services  in  order  to  develop  an
  effective,  integrated,  comprehensive  system  for  the delivery of all
  services to the mentally ill and  to  create  financing  procedures  and
  mechanisms  to support such a system of services to ensure that mentally
  ill persons in need of services receive appropriate care, treatment  and
  rehabilitation  close to their families and communities. In carrying out
  these responsibilities, the office and its commissioner shall make  full
  use  of  existing  services in the community including those provided by
  voluntary organizations.
2023 New York Laws › MHY - Mental Hygiene › Title B - Mental Health Act › Article 7 - Office of Mental Health › 7.11 - Organization and Administration of the Office of Mental Health and Its Facilities.

§ 7.11 Organization  and  administration  of the office of mental health
and its facilities.
(a)  The  commissioner  shall  have  the  professional   jurisdiction,
supervision, and control of the office and all department facilities for
the mentally ill.
(b)  The commissioner shall control the organization of the office and
may continue, establish, discontinue, expand,  and  contract  facilities
under his jurisdiction. The facilities set forth in section 7.17 may not
be  discontinued  by  the  commissioner. Units and facilities shall have
such functions, duties, and responsibilities as may be assigned to  them
by the commissioner.
(c)  The  commissioner  may, within the amounts appropriated therefor,
lease space or facilities in which services for the mentally ill are  to
be   provided.   He  may  delegate  this  authority  to  the  facilities
development corporation.
2023 New York Laws › MHY - Mental Hygiene › Title B - Mental Health Act › Article 7 - Office of Mental Health › 7.15 - Programs of the Office of Mental Health.

§ 7.15 Programs of the office of mental health.
(a)   The   commissioner  shall  plan,  promote,  establish,  develop,
coordinate, evaluate, and conduct programs and services  of  prevention,
diagnosis,  examination,  care, treatment, rehabilitation, training, and
research for the benefit  of  the  mentally  ill.  Such  programs  shall
include   but   not  be  limited  to  in-patient,  out-patient,  partial
hospitalization,  day  care,  emergency,   rehabilitative,   and   other
appropriate  treatments  and  services. He or she shall take all actions
that are necessary, desirable, or proper to implement  the  purposes  of
this  chapter  and  to  carry  out  the  purposes  and objectives of the
department within the amounts made available therefor by  appropriation,
grant,  gift,  devise,  bequest,  or  allocation  from the mental health
services fund established under  section  ninety-seven-f  of  the  state
finance law.
(b) The activities described in subdivision (a) of this section may be
undertaken  in  cooperation  and  agreement  with  other  offices of the
department and with other departments or agencies of the state, local or
federal government, or with other organizations and individuals.
2023 New York Laws › MHY - Mental Hygiene › Title B - Mental Health Act › Article 7 - Office of Mental Health › 7.18 - Secure Treatment Facilities in the Office.

§ 7.18 Secure treatment facilities in the office.
(a)  There  shall  be  in  the  office secure treatment facilities, as
defined in subdivision (o) of section 10.03 of this title, as designated
by the  commissioner  for  the  care  and  treatment  of  dangerous  sex
offenders  requiring  confinement,  as  described in article ten of this
title.
(b) Such secure treatment facilities may  be  created  on  the  former
grounds  of  hospitals  operated  by the office, but shall be considered
separate and distinct facilities and shall not be considered or  defined
as hospitals.
2023 New York Laws › MHY - Mental Hygiene › Title B - Mental Health Act › Article 7 - Office of Mental Health › 7.19 - Personnel of the Office.

§ 7.19 Personnel of the office.
(a)  The  commissioner  or his or her designee may, within the amounts
appropriated therefor, appoint and remove in  accordance  with  law  and
applicable  rules  of  the state civil service commission, such officers
and employees of the office  of  mental  health  as  are  necessary  for
efficient  administration  and  shall  administer the office's personnel
system in  accordance  with  such  law  and  rules.  In  exercising  the
appointing  authority,  the  commissioner  shall take all reasonable and
necessary  steps,  consistent  with  article   twenty-three-A   of   the
correction  law,  to  ensure  that  any such person so appointed has not
previously engaged in any act  in  violation  of  any  law  which  could
compromise the health and safety of patients.
(b)  The  director of a hospital or institute in the office shall have
professional qualifications and  experience  to  be  prescribed  by  the
commissioner.
(c)  Notwithstanding the provisions of any other law, the positions of
psychiatrist  III  and  deputy  director  in  any  office  facility,  in
Matteawan  state  hospital, or in Dannemora state hospital may be filled
by promotion open to employees of all such facilities  who  possess  the
minimum  qualifications  for  the  respective positions. Promotion lists
which are established for those  positions  shall  be  general  eligible
promotion  lists  from  which  names are certified in the order of final
earned ratings and from which certification shall not be  subdivided  by
the  facility  or department in which such persons are employed. Nothing
in  this  subdivision  shall  prevent  the  use  of   open   competitive
examinations.
(d)   The  commissioner  shall  establish  regulations  governing  the
personnel administration of the department and its facilities.
(e) The use of volunteers at facilities in the office of mental health
shall  be  encouraged.  The  commissioner  may   establish   regulations
governing such volunteer services.
(f)  Where, and to the extent that, an agreement between the state and
an employee organization entered into pursuant to  article  fourteen  of
the  civil  service  law  so provides, the commissioner is authorized to
implement the  provisions  of  such  agreement  relating  to  discipline
consistent with the terms thereof.
2023 New York Laws › MHY - Mental Hygiene › Title B - Mental Health Act › Article 7 - Office of Mental Health › 7.23 - Education and Training.

§ 7.23 Education and training.
(a)  The  commissioner shall have the power to establish such programs
of training and education related to mental illness  as  he  shall  deem
desirable.
(b)  The director of each facility in the office of mental health with
the approval of the commissioner of  mental  health  may  establish  and
supervise  training  and  education programs for employees. Directors of
such facilities authorized to establish education or  training  programs
may  enter into agreements with educational institutions to furnish such
education and training in whole or in part.
(c) The commissioner may grant leaves of absence to employees  of  the
office  of  mental  health  for  the  purpose  of  receiving training or
education for the better performance of their duties and, subject to the
approval of the director of the budget, may  continue  the  salaries  of
such  employees,  in  full  or  in  part,  in  an  amount  not to exceed
reimbursement for the loss of earnings while receiving such training.
2023 New York Laws › MHY - Mental Hygiene › Title B - Mental Health Act › Article 7 - Office of Mental Health › 7.24 - Mental Health Disorder Hospital Discharge; Policies and Procedures.

§   7.24   Mental  health  disorder  hospital  discharge;  policies  and
procedures.
(a) The office, in consultation with the department of  health,  shall
develop  or  utilize  existing  educational  materials to be provided to
general hospitals to disseminate to individuals with a documented mental
health disorder or who appear to have or be at risk for a mental  health
disorder  during  discharge  planning  pursuant  to section twenty-eight
hundred three-i of the public health law. Such materials  shall  include
information  regarding  the  various  types  of  treatment  and  support
services, including but not limited to: inpatient, outpatient treatment;
how to recognize  the  need  for  treatment  services;  information  for
individuals  to  determine  what  type  and  level  of treatment is most
appropriate and what resources are available  to  individuals;  and  any
other  information  the commissioner and the commissioner of health deem
appropriate.
(b) The commissioner in collaboration with the commissioner of  health
shall assist and provide guidance for every general hospital to:
1.   utilize   existing,  or  in  addition  to  current  policies  and
procedures, develop, maintain  and  disseminate,  written  policies  and
procedures,   for   the   identification,  assessment  and  referral  of
individuals with a documented mental health disorder or  who  appear  to
have or be at risk for a mental health disorder; and
2.  establish  and implement training, within existing, or in addition
to current training programs, for all individuals licensed or  certified
pursuant  to title eight of the education law who provide direct patient
care regarding the policies and procedures established pursuant to  this
section.
(c)  If  a  general  hospital  does not directly provide mental health
disorder services, then  the  commissioner,  in  consultation  with  the
commissioner of health, shall provide the necessary information to refer
individuals  in  need  of  such  services  to and coordinate with mental
health service programs that provide such services, and have been issued
an operating certificate pursuant to article thirty-one of this chapter.
2023 New York Laws › MHY - Mental Hygiene › Title B - Mental Health Act › Article 7 - Office of Mental Health › 7.25 - Safety.

§ 7.25 Safety.
(a) The commissioner and the directors of in-patient facilities in the
office  of mental health may designate safety officers to act as special
police officers whose duty it shall be, under orders of the  appropriate
officer,  to  preserve peace and good order in facilities of such office
and to fully protect the grounds, buildings, and patients.  Such  safety
officers  acting as special police officers shall possess all the powers
of peace officers,  as  set  forth  in  section  2.20  of  the  criminal
procedure  law,  while performing duties in or arising out of the course
of their employment. Such peace officers when acting pursuant  to  their
special  duties may issue and serve a simplified traffic information and
appearance ticket, in the form prescribed by the commissioner  of  motor
vehicles  pursuant  to  section  two  hundred  seven  of the vehicle and
traffic law, upon a person when  he  or  she  has  reasonable  cause  to
believe  that  such  person has committed a traffic infraction in his or
her presence, and shall have the power to issue and serve an  appearance
ticket as defined in section 150.10 of the criminal procedure law for an
offense other than a felony in lieu of an arrest.
(b)  The  commissioner  shall  cause to be developed and implemented a
comprehensive training program for such safety officers. Such a  program
is  to be provided to persons hired as safety officers within five weeks
after such hiring, and  shall  include,  but  need  not  be  limited  to
training in the following areas:
1. fire prevention;
2. basic criminal law;
3. first aid and cardio pulmonary resuscitation;
4. conducting investigations;
5.  rudimentary  police  work,  including issuance of summons, traffic
control, and lawful use of force;
6. proper use of restraint; and
7. any other training deemed necessary to augment such person's skills
in providing necessary safety and security services for the facility.
2023 New York Laws › MHY - Mental Hygiene › Title B - Mental Health Act › Article 7 - Office of Mental Health › 7.27 - Facility Services.

§ 7.27 Facility services.
(a)  Chapels.  The commissioner may permit any religious or missionary
corporation or society or combination of such corporations and societies
to erect a building on the grounds of any  in-patient  facility  in  the
office of mental health for the holding of religious service, to be used
exclusively  for  the  benefit  of  the  patients  and employees of such
facility,  subject  to  such  conditions  as  may  be  imposed  by   the
commissioner.
(b) Fire mutual aid. In cooperation with the development and operation
of  plans  for mutual aid in cases of fire and other public emergencies,
the director of an in-patient facility in the office of  mental  health,
with  the  approval  of the commissioner of mental health, may authorize
the fire department of the facility to furnish  aid  to  such  territory
surrounding  the  facility as may be practical in cases of fire and such
emergencies, having due  regard  to  the  safety  of  the  patients  and
property of the facility and to engage in practice and training programs
in  connection  with  the  development  and operation of such mutual aid
plans.
(c) Community stores. The commissioner may authorize the  director  of
any facility in the office of mental health to operate a community store
or  to  lease  space  in  any of its buildings not inconsistent with the
requirements of the facility for the operation of a community store  for
the  use  and  benefit  of the patients, visitors, and personnel of such
facility. The moneys received by the director of such facility under  or
pursuant  to  any such operation shall be deposited in a special fund to
be known as the community store fund and shall be used for  the  general
purposes   of  the  facility,  subject  to  the  provisions  of  section
fifty-three of the state finance law.
(d)  Laboratory  services.  Subject  to   the   regulations   of   the
commissioner,  the director of a facility in the office of mental health
may agree to make the laboratory service of such facility  available  to
adjacent  local  governments and may receive, apply, and spend money for
the extension of laboratory  service  according  to  the  terms  of  the
agreement as approved by such commissioner.
(e) Special employment programs. The director of any facility operated
by  the office of mental health may purchase goods and services produced
by special employment programs, sheltered workshop programs or supported
work programs, which are operated by any facility  within  such  office,
subject  to  the provisions of section one hundred seventy-five-c of the
state finance law.
2023 New York Laws › MHY - Mental Hygiene › Title B - Mental Health Act › Article 7 - Office of Mental Health › 7.29 - Gifts.

§ 7.29 Gifts.
(a)  The  commissioner,  on  behalf  of the state and if in the public
interest, shall accept, hold in trust, administer,  apply,  execute,  or
use  gifts,  devises, bequests, grants, powers, or trusts of personal or
real property made to the state, the office of mental health, a facility
within the office, the commissioner, or the  directors  or  visitors  of
facilities  which  are  to  be  used  or may be used for purposes of the
office of mental health, including, but not limited to, the maintenance,
support, or benefit of one or more patients in a facility.
(b) The commissioner, in carrying out the  provisions  of  subdivision
(a)  of this section, may create or provide separate and distinct funds,
investments,  and  deposits  and  regulate  their  use,  transfer,   and
withdrawal.  He  may dispose of a power or trust upon its expiration and
according to its terms.
(c) Subdivisions (a) and (b) of this section apply to gifts,  devises,
bequests,  grants,  powers,  or trusts given to, received, or applied by
the state, the commissioner, the office of mental health, or  facilities
thereof  and  predecessor  officers, agencies, or facilities prior to as
well as subsequent to the enactment of this section.
2023 New York Laws › MHY - Mental Hygiene › Title B - Mental Health Act › Article 7 - Office of Mental Health › 7.35 - Actions Against Persons Rendering Professional Services at the Request of the Office; Defense and Indemnification.

§ 7.35 Actions  against  persons  rendering professional services at the
request of the office; defense and indemnification.
The provisions of section seventeen of the public officers  law  shall
  apply  to  any  physician,  dentist,  psychologist,  nurse, optometrist,
  licensed master social  worker,  or  licensed  clinical  social  worker,
  licensed  to  practice  pursuant  to the education law, who is rendering
  professional treatment authorized under such license at the  request  of
  the  office  or  an  office  facility  to  patients  receiving  care  or
  professional  consultation  from  the  office   while   rendering   such
  professional treatment.