DEBT SERVICE BUDGET

DEBT SERVICE FUND--HEALTH INCOME FUND--319 For services and expenses,, including transfers to other funds, in accordance with the following schedule

[111,631, 200]

114,571,000

SCHEDULE

The sum of ($96,527,300] $99,467,100, or so much thereof as may be necessary, is hereby appropriated for transfer by the state comptroller to the health services account during fiscal year 1991-92

[96,527,300] Total of schedule

[111,631, 200]

99,467,100 114,571,000

§ 4. Section 9 of chapter 52 of the laws of 1991, enacting, the state debt service budget is amended by repealing the items hereinbelow set forth in brackets and by adding to such section the other items italicized in this section.

DEBT SERVICE BUDGET

DEBT SERVICE FUND--MENTAL HEALTH SERVICES FUND--304 For services and expenses,, including transfers to other funds, in accordance with the following schedule

[1,601,940,000] 1,629,340,000

SCHEDULE

The sum of [$1,461,040,000] $1,491,040,000, or so much thereof as may be necessary, is hereby appropriated for transfer by the state comptroller to the mental hygiene patient income account notwithstanding the provision of any other law during fiscal year 1991-92

[1,461,040,000] 1,491,040,000 The sum of [$30,000,000) $27,400,000, or so much thereof as may be necessary, is hereby appropriated for transfer by the state comptroller to the mental hygiene patient income account notwithstanding the provision of any other law during fiscal year 1991-92 .... [30,000,000] 27,400,000 Total of schedule

[1,601,940,000] 1,629,340,000

§ 5. Section 1 of chapter 54 of the laws of 1991, enacting the capital projects budget, as amended by chapter 412 of the laws of 1991, is amended by repealing the items hereinbelow set forth in brackets and by adding to such section the other items italicized in this section.

CAPITAL PROJECTS BUDGET
DEPARTMENT OF MENTAL HYGIENE

OFFICE OF MENTAL HEALTH
Mental Hygiene Capital Improvement Fund - 389
COMMUNITY MENTAL HEALTH FACILITIES (CCP)
New Facilities Purpose
Notwithstanding any

any other provision of law to the contrary, section [1 of chapter 392 of the laws of 1973] 20 of chapter 58 of EXPLANATION–Matter in italics is new; matter in brackets [ ] is old law

to be omitted.

mean

a

or

or

more

the laws of 1987, as amended by section 9 of chapter 90 of the laws of 1989, is hereby amended to provide that

for purposes of this section a mental health services facility shall also mean a building owned or leased by a voluntary agency ap: proved by the state department of mental hygiene,

all or

a portion of which building contains one or more housing units for [assisted residential living as defined in section 41.44 of the mental hygiene law] supported housing as approved by the com

missioner of the office of mental health. In addition, section 1 of chapter 359 of the

laws of 1968 as amended is hereby amended to provide that for purposes of this section a mental hygiene facility shall also

building owned leased by a voluntary agency approved by

state department of mental hygiene all or a portion of which building contains one

housing units for (assisted residential living as defined in section 41. 44 of the mental hygiene law] supported housing as approved by the commissioner of the of

fice of mental health. For acquisition of property, design, con

struction and rehabilitation of 400 community residence single room occupancy beds under the auspice of municipalities and other public and not-for-profit private agencies designated to

homeless mentally ill persons

and 200 supported housing beds. Notwithstanding the provisions of section 41.27 of the mental hygiene law and

any other inconsistent provision of law, the moneys hereby appropriated shall be available for the costs of those portions of acquired, constructed or rehabilitated facilities intended to house mentally ill persons. No expenditure shall be made from this appropriation til a comprehensive plan for proposed projects and a certificate of approval of availability have both been approved by the director of the budget and copies of the certificate filed with the state comptroller, and copies of the comprehensive plan and the certificate filed with the chairman of the senate finance committee and the chairman of the assembly ways and means committee (50109107) .. 22,500,000

$ 6. Section 3 of chapter 54 of the laws of 1991, enacting the capital projects budget, as amended by chapter 412

of

the laws of 1991, amended by repealing the items hereinbelow set forth in brackets and by adding to such section the other items italicized in this section.

serve

un

is

CAPITAL PROJECTS BUDGET - REAPPROPRIATIONS

DEPARTMENT OF MENTAL HYGIENE

OFFICE OF MENTAL HEALTH

COMMUNITY MENTAL HEALTH FACILITIES (CCP)

MENTAL HYGIENE CAPITAL IMPROVEMENT FUND

New Facilities Purpose

The appropriation made by chapter 54, section 1, of the laws of 1990, as

reappropriated by chapter 54, section 3, of the laws of 1991 and

as

ΟΥ

а

of

amended by chapter 412, section 3, of the laws of 1991, is further

amended to read: State aid to municipalities and other public and not-for-profit pri

vate agencies for acquisition of property, design, construction and rehabilitation of supported housing facilities for mentally ill persons, including 250 beds to house the mentally ill homeless. Notwithstanding the provisions of section 41.27 of the Mental Hygiene Law and any other inconsistent provision of law, the moneyş hereby appropriated shall be available for payment of state aid grants for up to 100 per centum of the costs of those portions of acquired, constructed or rehabilitated facilities intended to house mentally ill persons. Notwithstanding any other provision of law to the contrary, section [1 of chapter 392 of the laws of 1973] 20 of chapter 58 of the laws of 1987, as amended by section 9 of chapter 90 of the laws of 1989, is hereby amended to provide that for purposes of this section a mental health services facility shall also mean a building owned or leased by a voluntary agency approved by the state department of mental hygiene, all or a portion of which building contains one or more housing units for assisted residential living, as defined in section 41.44 of the mental hygiene law] supported housing as approved by the commissioner of the office of

mental health. In addition, section 1 of chapter 359 of the laws of 1968 as amended is hereby amended to provide that for purposes of this section a mental hygiene facility shall also mean a building owned or leased by a voluntary agency approved by the state department of mental hygiene all

portion of which building contains one or more housing units for (assisted residential living as defined in section 41.44 of the mental hygiene law] supported housing as approved by

the commissioner of the office of mental health. No expenditure shall be made from this appropriation until a compre

hensive plan for proposed projects and a certificate of approval availability, have both been approved by the director of the budget and copies of the certificate filed with the state comptroller, the chairperson of the senate finance committee and the chairperson of the assembly ways and means committee. This appropriation represents the total estimated state share of capital costs for 500 beds of

supported housing (50099007) ... 18,750,000 . (re. $18,750,000) $ 7. Subdivision 19 of section 3 of section 1 of chapter 359 of the laws of 1968, constituting the facilities development corporation act, as reentitled by chapter 658 of the laws of 1973 and as amended by chapter 547 of the laws of 1979, is amended to read as follows: 19. "Voluntary agency"

a corporation [incorporated] organized under or existing pursuant to the not-for-profit corporation law for the purpose of providing community mental health or residential services, community mental retardation services, or for the conduct of an alcoholism or substance abuse treatment program as defined in the mental hygiene law, or for any combination of the foregoing.

8. Subdivision (f) of section 2 of chapter 527 of the laws of 1991, relating to making allocations pursuant to the provisions of federal drug control and system improvement grant program, is amended to read as follows:

(f) The sum of one million dollars ($1,000,000) as appropriated in chapter 53 of the laws of 1991, constituting the aid to localities budget to the division of criminal justice services [from moneys in the criminal justice improvement account pursuant to section 97-bb of the state finance law for by state departments and agencies as the required state match for federal anti-drug abuse funds for the purposes of subdivision (a) of this section provided, however, ] from the special revenue funds-federal, federal operating grants fund-290, federal antidrug abuse account, for payment of aid to localities by the state's political subdivisions for the purposes of subdivision (a) of this section, provided however, that in a city with a population of one million or more, such funds shall be allocated for prosecution services and adjudication services. In allocating such funds, equal consideration shall be given to the following county indicators: population; crime index; violent felony arrests; felony arrests; felony drug indictments and felony drug arrests. Provided further that no county shall receive less EXPLANATION—Matter in italics is new; matter in brackets [] is old law

to be omitted.

means

use

to

than eight thousand dollars ($8,000). In addition, for each county receiving thirty, thousand dollars ($30,000) or more under this appropriation and for the city of New York, the following ratios of prosecution to adjudication services spending shall be used distribute funds received:

Ratio Nassau, Suffolk, Westchester and Erie Counties.

60:40 Monroe County

65: 35 All other - County/City Population over 1 million

60:40 800,000 1 million

65: 35 400,000 - less than 800,000

70: 30 200,000 - less than 400,000

80:20 Below 200,000 ..

85: 15 County/City population for the purposes of this act shall be based on the 1980' census data. Adjudication services for the purposes of this act shall be defense services for indigent persons charged under article 220 of the penal law and assigned counsel pursuant to section 772 of the judiciary law or article 18-B of the county law. Allocations to New York City for the purposes of adjudication services shall be made to the Legal Aid Society; provided, however, that in the discretion of the deputy mayor for public safety in the city of New York, an amount not to exceed

twenty-five percent of the adjudication services allocation for the city of New York may be expended for training and education of members of the assigned counsel plan.

§ 9. This act shall take effect immediately and shall be deemed to have been in full force and effect on and after April 1, 1991.

CHAPTER 11

as

or

AN ACT to amend the general business law, in relation to use of a credit

or charge card for identification purposes
Became a law March 6, 1992, with the approval of the Governor.

Passed by a majority vote, three-fifths being present.
The People of the State of New York, represented in Senate and Assem-
bly, do enact as follows:

Section 1. Subdivision 4 of section 520-a of the general business law, as added by chapter 438 of the laws of 1990, is amended to read follows:

4. No person, firm, partnership, association or corporation which accepts a personal check, gift certificate, traveler's check or money der in payment for goods or services used or bought for use primarily for personal, family or household purposes, and which as a condition of such acceptance requires that the check drawer or redeemer of the gift certificate, traveler's check or money order provide a credit or charge card, shall record on such check, gift certificate, traveler's check or money order or elsewhere, the card account number. Nothing in this subdivision shall be construed to prohibit any person, firm, partnership, association or corporation, as a condition for the acceptance of a check, gift certificate, traveler's check or money order in payment for goods or services from: (i) requesting a purchaser to display, a credit or charge card

means of identification, or as an indication of credit worthiness or financial responsibility; or (ii) recording on the check, gift certificate, traveler's check' or money order the type of credit or charge card so displayed and/or the credit or charge card piration date; provided, further, that nothing in this subdivision shall require any business entity to accept check, gift certificate, traveler's check or money order in payment for goods or services whether or not a credit or charge card is displayed. ၌

This act shall take effect on the sixtieth day after it shall have become a law.

as

a

ex

а

2.

CHAPTER 12

as

AN ACT to amend the real property tax law and chapter 199 of the laws of

1987 amending chapter 57 of the laws of 1986 and other laws relating to railroad assessments, in relation to extending the provisions thereof relating thereto Became a law March 6, 1992, with the approval of the Governor.

Passed by a majority vote, three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. Subdivision (b) of section 489-j of the real property tax law, as added by chapter 199 of the laws of 1987, is amended to read follows:

(b) Notwithstanding the provisions of subdivision (a) of this section, for purposes of determining railroad ceilings for intrastate railroads for tentative rolls filed

Eihrough and on

the years] on or after January first, nineteen hundred eighty-seven

or before July first, nineteen hundred [ninety-one) ninety-two where the department of transportation certifies to the state board of equalization and assessment that the railroad has filed a service enhancement plan for the same calendar year for which the tentative roll is filed, and for railroad ceilings finally determined on or after June first, nineteen hundred eighty-seven and prior to January first, nineteen hundred eighty-eight, where no service enhancement plan has been filed, the percentage indicated under "exemption factor" in the following table opposite the earnings ratio of the railroad company shall be the exemption factor for each railroad company. If the earnings ratio of a railroad company does not coincide with a specific earnings ratio indicated in the table, the exemption factor for such company shall be determined by interpolation to the nearest hundredth of one percent. Earnings Ratio

Exemption Factor (Percent)

(Percent) 12

0 11

5 10

10 9

15 8

20 7

25 6

30 5

35 40

50 2

60 1

80 0

85 § 2. Subdivision (b) of section 489-hh of the real property tax law, as added by chapter 199' of the laws of 1987, is amended to read follows:

(b) Notwithstanding the provisions of subdivision (a) of this section, for purposes of determining railroad ceilings for interstate railroads fineteent hundred eighty-seven through and on rolls filed [in the years] on or after January first,

before July first, nineteen hundred (ninety-one] ninety-two where the department of transportation certifies to the state board of equalization and assessment that the railroad has filed a service enhancement plan for the same calendar year for which the tentative roll is filed, and for railroad ceilings finally determined on or after June first, nineteen hundred eighty-seven and prior to January first, nineteen hundred eighty-eight, where service enhancement plan has been filed, the economic factor for each railroad company shall be the percentage in the following table opposite the ratio computed pursuant to section four hundred eightynine-88 of this title. If the ratio does not coincide with a specific EXPLANATION-Matter in italics is new; matter in brackets [] is old law

as

or

no